RUDN Journal of Law (Mar 2024)
Metaphorical model of semantization of ideas of law
Abstract
Law as a special kind of ideal being, generates its own system of ideas and meanings, the verbal representation of which involves not only directly nominative linguistic units, but also semantic tropes, namely, metaphor. Metaphor is a little-studied linguistic phenomenon in legal science, whose functioning in the language of law is denied by many researchers. However, metaphor is an integral component of the nature of law, realized in its various sources. Stemmed from the deep structures of language, metaphor allows appealing to a priori ideas of law of metaphysical level, not subject to rational argumentation, which becomes an integral part of the legal system, making the legal text understandable and accessible to the recipient. The relevance of the chosen topic is conditioned by the necessity to study the metaphorical meanings of legal language at the stage of creating law and interpreting legal realities. For this end the author uses the methods of semantic analysis, and, in general, raises interest in metaphor and metaphorical model in modern science, as well as functioning of metaphor in the legal space. The novelty of the idea underlying the paper lies in applying metaphorical models for legal texts interpretation. Therefore, the aim of this paper is to prove that metaphorical mechanisms are not alien to the language of law; metaphorical model is one of the most productive in the process of semantization of ideas of law. In the light of the above, application of linguistic tools, primarily, the methods of semantic analysis, to the study of legal language and the language of law, in particular, is relevant. Modern methodological tools of linguistics are able to supplement the traditional methods of legal argumentation and interpretation, actualizing their form and content. The main methods of the research are the linguistic-legal method, logical-linguistic method, methods of historical, contextual and motivational analysis. Frequency and universality of the mechanism of metaphorical modelling for the language of law, actualize new functions of metaphor.
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