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Law and Language

The use of language is crucial to any legal system, not only in the same way that it is crucial to politics in general, but also in two special respects. https://journals.researchparks.org/index.php/IJHCS/article/view/4846/4493 https://journals.researchparks.org/index.php/IJHCS/article/view/4846

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0% found this document useful (0 votes)
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Law and Language

The use of language is crucial to any legal system, not only in the same way that it is crucial to politics in general, but also in two special respects. https://journals.researchparks.org/index.php/IJHCS/article/view/4846/4493 https://journals.researchparks.org/index.php/IJHCS/article/view/4846

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INTERNATIONAL JOURNAL OF HUMAN COMPUTING STUDIES

https://journals.researchparks.org/index.php/IJHCS e-ISSN: 2615-8159 | p-ISSN: 2615-1898


Volume: 05 Issue: 10 | Oct 2023

Law and Language

Turaeva Umida Shukhratovna


Termiz University of Economics and Service, doctor of philosophy in philology (PhD)
--------------------------------------------------------------***-------------------------------------------------------------
Abstract: The use of language is crucial to any legal system, not only in the same way that it is crucial to
politics in general, but also in two special respects. Lawmakers characteristically use language to make
law, and law must provide for the authoritative resolution of disputes over the effects of that use of
language. In this article, the role of legal terms in terminology, descriptions of legal language are
presented based on cross-linguistic analysis. Also, the requirements for legal terms, features of
translation of terms are covered in detail.
Keywords: legal term, terminology, legal language, methodological neutrality, terminological field.

Law and language, harmony between them, determination of these relations are of great importance in the
development of each country, in progressing towards the highest goals, in ensuring the legal order in the state
territory. Because the concepts of state independence, state and law, state language are closely related
phenomena. One cannot exist without the others. Any independent country will have its own legal system and
state language. The social life of the country is formed and developed through them.
Therefore, the development of law and language is important in the development of society and the
development of society or law is reflected in the development of language. This provides a great basis for the
development of the state and society, as well as for the development of law and language sciences.
Based on the needs and demands of the society, these laws have been improved and developed with the
change of times and times. Language is the most important tool that conveys information and provides
exchange of ideas. “Language is a set of units prepared by generations (previous generations) for all members
of a given society, common to all, serving for the formation of thought, expression and other purposes, as well
as a set of rules determining the interconnection and connection of these units.”1
In fact, when it comes to the functions of law and language in social life, it should be emphasized that they
perform exactly the same function of controlling people's behavior. Language is the most important means of
communication of people, and in a certain sense, it has the function of controlling the behavior of people.
The famous German scientist Wilhelm Humboldt (1767-1835) defined the role of language in the relationship
between society and man and wrote about it: “Language is a means of self-knowledge, understanding and, in a
certain sense, control of an individual (person).”2
Therefore, along with the development of the science of law, the legal language should be improved, new
means of expression should be created to make the legal norms understandable to the people, and obsolete
words and phrases that hinder the development of the law should be removed from the legal language. With
the development of law, it is necessary to improve the legal language step by step.
So, it can be said that legal norms can never be delivered to citizens without language. Language is a
condition for the "existence" of this right. “It is this language is the only means of conveying information

1
Неъматов Ҳ., Бозоров О. Тил ва нутқ. – Т., 1993. – 8-б.
2
Кондрашов Н.А. История лингвистических учений. – М.: Просвещение, 1979. – 51 с.
© 2023, IJHCS | Research Parks Publishing (IDEAS Lab) www.researchparks.org | Page 21
Copyright (c) 2023 Author (s). This is an open-access article distributed under the terms of Creative Commons
Attribution License (CC BY).To view a copy of this license, visit https://creativecommons.org/licenses/by/4.0/
INTERNATIONAL JOURNAL OF HUMAN COMPUTING STUDIES
https://journals.researchparks.org/index.php/IJHCS e-ISSN: 2615-8159 | p-ISSN: 2615-1898
Volume: 05 Issue: 10 | Oct 2023

about the content of legal instructions.” In modern developed countries, legal norms cannot “exist” in a
different form. With the help of language, the legislator's opinion is formed, formalized, and usable”3
In general, although the role of language in the development of law is emphasized in the legal literature, it is
not clearly and fully indicated what specific tasks the language performs in the development of law. In the
legal literature devoted to these issues, it is written: “Language performs two important tasks that are mutually
related to law. First, language is a thinking tool of a jurist; the second conveys the command of the jurist to
the participants of social relations.”
In our opinion, even this definition given to the functions of language in the development of law cannot fully
cover the essence of the matter. Because the above definition is not given from the point of view of the whole
content and essence of the right, but more from the point of view of legislation. Accordingly, there are other
functions of language in the development of law, which have been overlooked by the authors.
As you know, law has a long history. Law is a natural-historical phenomenon. It develops on the basis of
human nature and social needs. Its development is closely related to the social and political events of the time
and society. As time goes by, it gets richer and higher. New legal doctrines enter it. Along with these
concepts, it introduces new words and terms. In particular, in connection with the independence of our
country, legal terms like maʼmuriy hududiy tuzilma, sudning sayyor majlisi, odil sudlov, ehtimoliy huquq,
farmoyish majlisi, obunachi, mualliflik huquqi, gumon qilinuvchi, qilmish, qonun ustunligi, Oliy Majlis,
Vazirlar Mahkamasi, Bosh vazir, vazir, vazirlik, hokimlik, davlat maslahatchisi, davlat kotibi, ichki ishlar
idoralari, huquqiy tartibot, milliy-huquqiy tizim, milliy-huquqiy qonunchilik, oʼzbek davlatchiligi, ombudsman
entered our language and contributed to the development and richness of the language in a certain sense.
Philosophy of language can gain from studying the stress-testing of language in legal regulation and dispute
resolution. And philosophers of language can gain from the reminder that their task is not only to account for
what people share in virtue of the mastery of a language; they also need to account for the possibility of
disagreements over the meaning and use of language, and for the possibility that there might be good reason
for resolving those disagreements in one way rather than another.
One of the most central problems of legal language is the issue of legislative methodology. From this point of
view, the perfection of normative legal documents in all respects based on the requirements for legal language
is closely dependent on the extent to which issues of legal methodology have been developed in this country
and the ability of jurists to master and apply this knowledge in practice.
Such words are important in our communication with the peoples of the world. It is known that most of the
world's legal terms are made up of Latin legal terms. Ancient Roman law was an important factor in the
worldwide spread of Latin legal terms. Latin served as the official language of many European nations as the
main source of legal language for many centuries. Therefore, today such legal terms are widely used in the
languages of all nations.
Legal terms borrowed from European languages form a certain part of the Uzbek legal language. In the course
of this study, we analyzed the "Dictionary of Legal Terms and Phrases" created in 1993 from a scientific and
theoretical point of view in order to determine the relative composition of such words. As it turns out, the
dictionary contains 6,700 legal terms, of which 389 are borrowed from European languages. If this is
calculated by percentages, the Russian-European terms make up 6% of the total in the dictionary.

3
Язык закона. – М.: Юридич. литература, 1990. – 7 с.
© 2023, IJHCS | Research Parks Publishing (IDEAS Lab) www.researchparks.org | Page 22
Copyright (c) 2023 Author (s). This is an open-access article distributed under the terms of Creative Commons
Attribution License (CC BY).To view a copy of this license, visit https://creativecommons.org/licenses/by/4.0/
INTERNATIONAL JOURNAL OF HUMAN COMPUTING STUDIES
https://journals.researchparks.org/index.php/IJHCS e-ISSN: 2615-8159 | p-ISSN: 2615-1898
Volume: 05 Issue: 10 | Oct 2023

Legal terms form the basis of the text of any regulatory legal document. They are developed in the framework
of legal knowledge and appear as the most important symbolic sign of legal understanding in the creation of
law. People understand legal norms through these symbols. Accordingly, legal terms are very important in
jurisprudence.
List of used literature:
1. Butt P., Castle R. Modern legal drafting: a guide to using clearer language. 2nd ed. Cambridge:
Cambridge University Press. 2006. 274 p
2. Cornu G. Linguistique juridique. – Parij. 1990. – 62 p.
3. Durkin Ph. Borrowed Words: A History of Loanwords in English. Oxford University Press. 2014. – 512 p.
4. Felber H. Terminological work and standardization of terminology. – Paris: UNESCO; Infoterm. 1974. –
426 p.
5. Felber H. Terminology manual/ Felber, H. – UNESCO and Infoterm, Paris, 1984, – 211 p.
6. Kuthe D. Latin Loanwords in English. Universidad de Cordoba: Green Verlag. 2007. 40 p.
7. Люблинский П.И. Техника, толкование и казуистика уголовного кодекс. – М.: Зерцалo, 2014.
8. Marchand H. The Categories snd Types of Present–Day English Word–Formation. – Miinchen, 1969. –
545 p.

© 2023, IJHCS | Research Parks Publishing (IDEAS Lab) www.researchparks.org | Page 23


Copyright (c) 2023 Author (s). This is an open-access article distributed under the terms of Creative Commons
Attribution License (CC BY).To view a copy of this license, visit https://creativecommons.org/licenses/by/4.0/

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