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ABSTRACT
The importance of studying Terminology in the modern world is undeniable, since Terminology is, on the one hand, a
link between various fields of knowledge, and on the other hand, it contributes to a clear distinction between
concepts. In connection with the rapid scientific and technological progress, it seems necessary to pay due attention
to the terminological apparatus of various sciences. Terminology does not stand still, it is constantly evolving,
expanding its boundaries. It is studied by both linguists and terminologists - representatives of the relevant fields of
science and technology. The terminology of various sciences is characterized by some common features. At the same
time, each scientific terminology related to a particular field of knowledge has its own special features. Legal
terminology is of particular interest in this regard; its study allows us to reveal the specifics of this terminological
system. Terminological systems are very diverse and far from homogeneous in the nature of the concepts denoted in
them. The study of each particular industry terminology system gives rise to new questions. Thus, when studying
terminological systems related to those areas of knowledge where it is necessary to designate such categories of
concepts as actions and processes, the question arises about the possibility of using verbal lexemes and phrases in
the terminological function. Legal terminology is one of the most important areas of Linguistics which requires from
researchers and linguists a lot of attempt to discover linguistic features of legal words. The relevance of the topic of
the undertaken research is determined by the fact that legal terminology is rightfully considered one of the most
significant industry term systems. It should be noted that the terminology of law is widely used not only in the
Research Article
UZBEK AND ENGLISH LEGAL TERMS AND THEIR SPECIFIC LANGUAGE
PROPERTIES IN LINGUISTICS
Submission Date:
October 03, 2023,
Accepted Date:
October 08, 2023,
Published Date:
October 13, 2023
Crossref doi:
https://doi.org/10.37547/ajps/Volume03Issue10-05
Sunnatullo Khujakulov
PhD Student, Kazan (Volga Region) Federal University, Kazan, Russia
Senior Lecturer, Karshi State University, Karshi, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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professional environment, but also in other areas of language communication, so there is a great demand for learning
the language of law for special purposes. Legal terminology is a unique object of study, as it is characterized by a wide
variety of areas of application compared to other terminological systems. In this article, I collect and study some legal
terms from the useful sources and analyze from the linguistic point of view.
KEYWORDS
Law, legal terms, legal concepts, legal language, jurisprudence, term, Terminology, science, research method, article,
unambiguity, barrier, category, elimination, phrase, systematize, nomenclature, technical terms, normative text,
emotional colouring, equivalent, Constitution, Legislative Chamber, Oliy Majlis, amendment, ratification,
denunciation, international agreement, administrative-territorial structure, stylistic neutrality, offense, corruption.
INTRODUCTION
Terminology as a separate field of science is
increasingly attracting the attention of researchers.
This is concerned, first of all, according to the
international nature of modern scientific knowledge
and language barriers in various areas of human
activity. Terminology as a method of elimination, it is
explained by striving to unify the terms. Any modern
science cannot exist and develop without terms and, in
general, Terminology. The terms are scientific words
which reflect the content of developing scientific
fields, existing and newly created concepts in science
and technology.
The word "term" comes from the Latin "terminus"
(border, limit). Linguists give different definitions of
this concept. In the 30s of the 20th century, the linguist
scientist E.D. Polvanov first commented on
Terminology in Uzbek linguistics. “Terminology is the
part that is most sensitive to the effects of the external
lexicon of a language”. [1] A.A. Reformatskiy defines
terms
"as
single-valued
words
devoid
of
expressiveness". [2] MM. Glushko states that "a term
is a word or phrase for expressing concepts and
denoting objects, which, due to its strict and precise
definition, has clear semantic boundaries and
therefore is unambiguous within the corresponding
classification system". [3] I.V. Arnold gives the
following definition: "A term is a word or phrase
denoting the concept of a special field of knowledge,
science or culture" [4]. L. B. Tkachyova called terms "a
terms is a language which is an underwater part of the
vocabulary" [5].
The Linguistic Encyclopedic Dictionary notes such
features of the term as:
1) consistency;
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2) the presence of a definition (for most terms);
3) a tendency towards monosemanticity within its own
terminological field;
4) lack of expression;
5) stylistic neutrality [6].
V.V. Alimov defines systematicity as “the ability of a
term to reflect the systematized arrangement of
concepts and easily enter into new combinations that
fix new specific concepts in their names that appear in
the course of the development of a particular branch
of knowledge” [7]. Traditionally, the main requirement
for a term is unambiguity (monosemanticity). In terms
we have the most precise, concentrated and
economical definition of a scientific or technical idea.
Unlike most lexical units, terms denote precisely
defined concepts, objects, phenomena; as an ideal,
these are unambiguous words (and phrases) without
synonyms, often of a foreign language origin; among
them there are those whose meanings are limited
historically. In general terminological terms, the
requirement for the unambiguity of a term is
implemented in two ways, since there are two
categories of terms:
1) general scientific and general technical terms;
2) special (nomenclature) terms.
General scientific and general technical terms express
the general concepts of science and technology. In
turn, the nomenclature is "a set of special terms-names
used in a given scientific field [8]. For a clear distinction
between general scientific and special (nomenclature)
terms, it is necessary to introduce the concept of
"nomen". A.A. Ufimtseva believes that “if, in the
meaning of a word of special vocabulary, a significat
(i.e., the area of the semantic content of a linguistic
unit that contains characterizing information about the
designated object) prevails over the denotation (i.e.,
the object of a linguistic designation, a real object or a
class of objects, as a typical representation of an object
of reality), then we have a term, if vice versa, then we
are talking about a nomen” [9].
“Due to their subject orientation, scientific terms have
a weakened connection with the concept, and this is
mediated through the object” [10]. In this regard, the
following remark by R.K. Minyar-Bel
orucheva: “The
correct decision to translate a term is possible only
with knowledge of the equivalents of two languages
and the ability to isolate the denoted denotation from
the surrounding reality” [11].
However, V.M. Leichik points out that ensuring
co
mplete unambiguity (“one term
-
one concept”) is
practically
unattainable,
and
the
so-called
requirements for the term, formulated by D.S. Lotte in
the 30s XX century, and including this requirement, are
rejected by science. The requirement "the term should
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be as concise as possible" is obsolete [12]. Some
scholars give preference to (fully) motivated terms,
which include the maximum of the differential features
of the concept being designated (the term becomes
very extended in this case); meanwhile, there may be
unmotivated, partially motivated, and even falsely
motivated, traditionally fixed terms. “The brevity
(optimum length) of the term is achieved by excluding
from the original unit (preterm) the designation of
unimportant features of the concept or by creating
abbreviations. The term not only passively registers the
concept, but in turn affects this concept, refining it,
separating it from adjacent representations” [13]. In
exceptional cases, the term may acquire an emotional
connotation,
but
in
general,
the
emotional
connotation is alien to the terms. The more a word
approaches a term, the less it is subject to emotional
impact - the influence of a kind of intonation with
which words are pronounced. And vice versa: “the less
a word is subject to the process of terminology, the
more it is ambiguous, the more - ceteris paribus - it can
be affected by emotional coloring” [14].
Terms exist not just in the language, but as part of a
certain terminology. Terminology is a set of terms of a
certain branch of knowledge or production, as well as
the doctrine of the formation, composition and
functioning of terms. Terminology, as a system of
scientific terms, is a subsystem within the general
lexical system of a language. If in a common language
(outside the given terminology) a word can be
ambiguous, then, falling into a certain terminology, it
acquires unambiguity.
Legal terms - verbal designations of concepts used in
the presentation of the content of a law (another
normative legal act), words (phrases) that are used in
legislation are generalized names of legal concepts
that have an exact and definite meaning, and are
distinguished by semantic unambiguity, functional
stability.
Legal terminology contributes to the precise and clear
formulation of legal prescriptions, the achievement of
maximum conciseness of the legal text. Occupying, in
principle, an insignificant volume of the normative
text, legal terminology is its base, the main semantic
foundation.
An important feature of legal terms, as a means of
professional communication, is their close connection
with the worldview and ideology of the ruling class,
with various political and legal theories, scientific
trends, and legal experience. From the judicial practice
of the Middle Ages, for example, such terms as "feudal
lord" and "feudalism" appeared, which later became
the designation of the type of a certain socio-economic
formation. Among usurers, the term "capital" was
born, which entered the arsenal of economic science.
The term "republic" in the time of Jean-Jacques
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Rousseau was used in France in the sense of the state
in general.
The main fund of legal terminology is contained in the
most important legislative acts. It is they who define
terminological standards, and law-making bodies are
guided by them when issuing by-laws. The Constitution
is the source of fundamental legal terms. For example,
the following legal terms can be found in Article 93 of
the new version of the Constitution of the Republic of
Uzbekistan adopted in 2023. Legislative Chamber
(Законодательная палата, Qonunchilik palatasi), Oliy
Majlis (Олий Мажлис, Oliy Majlis), power (власть,
vakolat),
Senate
(Сенат,
Senat),
adoption
(усыновление,
qabul
qilish),
Constitution
(Конституция, Konstitutsiya), law (закон, qonun),
amendment
(поправка,
tuz
atish),
ratification
(ратификация,
ratifikatsiya),
denunciation
(денонсация, denonsatsiya), international agreement
(международное соглашение, xalqaro shartnoma),
making a decision (принятие решения, qaror qabul
qilish), referendum (референдум, referendum)
, policy
(политика, siyosat), state (государство, davlat),
strategy
(стратегия,
strategiya),
legislative
(законодательный, qonun chiqaruvchi), executive
(исполнительный, ijrochi etuvchi), judicial (судебный,
sud), approving a decision (утверждение решения,
qarorni tasdiqlash), regulation (регулирование,
tartibga solish), Cabinet of Ministers (Кабинет
Министров, Vazirlar Mahkamasi), Administrative
(Административный,
Ma'muriy),
establishment
(учреждение,
tashkil
etish),
termination
(прекращение, tugatish), Ce
ntral Election Commission
(Центральная избирательная комиссия, Markaziy
saylov komissiyasi), election (выборы, saylov),
representative (представитель, vakil), Human Rights
(Права
Человека,
Inson
Huquqlari),
deputy
(заместитель, o'rinbosar), approval (утверждение,
tasdiqlash), decree
(указ,
farmon),
President
(Президент, Prezident), declaration (декларация,
deklaratsiya), obligation (обязательство, majburiyat),
agreement (соглашение, kelishuv), aggression
(агрессия, tajovuz), mobilization (мобилизация,
safarbarlik), emergency (чрезвычайная ситуация,
favqulodda
holat),
corruption
(коррупция,
korruptsiya),
parliamentary
investigation
(парламентское
расследование,
parlament
tekshiruvi).
“Legislative Chamber of the Oliy Majlis of the Republic
of Uzbekistan and the combined powers of the Senate
are as follows:
1)
adoption of the Constitution of the Republic of
Uzbekistan, making changes and additions to it;
2)
constitutional laws of the Republic of Uzbekistan,
adoption of laws, amendments and additions to
them;
3)
ratification and denunciation of international
agreements;
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4)
making a decision on holding a referendum of the
Republic of Uzbekistan and setting a date for its
holding;
5)
the main domestic and foreign policy of the
Republic of Uzbekistan setting directions and
adopting state strategic programs;
6)
defining the system and powers of legislative,
executive and judicial authorities of the Republic of
Uzbekistan;
7)
approving decisions on the acceptance of new
state structures into the Republic of Uzbekistan
and their withdrawal from the Republic of
Uzbekistan;
8)
regulation of customs, currency and credit matters
by law;
9)
acceptance of the State budget of the Republic of
Uzbekistan, making changes and additions to it
according to the submission of the Cabinet of
Ministers of the Republic of Uzbekistan;
10)
determination of the maximum amount of the
state debt of the Republic of Uzbekistan;
11)
introduction of taxes and other mandatory
payments;
12)
Administrative-territorial structure of the Republic
of Uzbekistan regulating its issues by law, changing
its borders;
13)
establishment, termination of districts, cities,
regions, change their name and boundaries;
14)
establishment of state awards and titles;
15)
establishment of the Central Election Commission
of the Republic of Uzbekistan;
16)
to elect the representative of the Oliy Majlis of the
Republic of Uzbekistan on Human Rights and his
deputy;
17)
approval of the decree of the President of the
Republic of Uzbekistan on the declaration of a
state of war in the event of an attack on the
Republic of Uzbekistan or in the event of the need
to fulfill the obligations of the agreement
concluded on mutual defense against aggression;
18)
approving decrees of the President of the Republic
of Uzbekistan on general or partial mobilization,
introduction of a state of emergency, extension or
termination of its validity;
19)
fight against corruption in the Republic of
Uzbekistan hear the annual national lecture on;
20)
to conduct a parliamentary investigation;
21)
other provided by this Constitution and laws
exercising powers.
As a rule, issues that fall under the joint powers of the
chambers are considered first in the Legislative
Chamber of the Oliy Majlis of the Republic of
Uzbekistan, and then in the Senate” [15].
The Constitution of the U.S.A. is a significant source for
legal terms. In the second section of the fourth article
you c
an see: “1: The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in
the several States.
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2: A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be
found in another State, shall on Demand of the
executive Authority of the State from which he fled, be
delivered up, to be removed to the State having
Jurisdiction of the Crime.
3: No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in
Consequence of any Law or Regulation therein, be
discharged from such Service or Labour, but shall be
delivered up on Claim of the Party to whom such
Service or Labour may be due” [16]. From this legal
material, the following terms can be considered as an
object of our research work: Citizen (гражданин,
fuqaro), privilege (привилегия, imtiyoz), immunity
(освобождение, ozod qilish), treason (измена,
xiyonat), crime (преступление, jinoyat), justice
(справедливость, adolat), demand (спрос, talab),
juri
sdiction (юрисдикция, yurisdiktsiya), service
(работа, ish), labour (труд, mehnat), law (закон,
qonun), regulation (регулирование, tartibga solish),
claim (жалоба, shikoyat), party (партия, partiya).
Sometimes one legal term mean one meaning, others
signify different meaning. Take as an illustration from
the terms of the Constitution of the U.S.A. which we
have analyzed above, service. The term service has
various meanings, depending upon the context of the
word [17]. Under feudal law, tenants had a duty to
render service to their lords in exchange for use of the
land. The service required could take many forms:
monetary
payments,
farm
products,
loyalty,
attendance upon the lord as an armed horseman,
carrying the king's banner, providing a sword or a
lance, or plowing or other farm labor done for the king.
In contract law, service refers to an act or deed, rather
than property. It is a duty or labor done by a laborer
under the direction and control of the one for whom
the service is performed. The term implies that the
recipient of the service selects and compensates the
laborer. It is the occupation, condition, or status of
being a servant and often describes every kind of
employment relationship. In addition, service may be
used to denote employment for the government, as in
the terms civil service, military service or the armed
service, or public service.
In the area of domestic relations, the term refers to the
uncompensated work, guidance, and upkeep an
injured or deceased family member previously
provided for the family; the injury or death of the
provider of these services means that the work will
have to be obtained from another source and at a
price. In this context the term traditionally was
restricted to the "services" of a wife under the theory
that the husband's duty was to provide support and
the wife's duty was to provide service. After injury to
his wife, a husband could bring an action on his own
behalf against the responsible party for compensation
of the loss of her aid, assistance, comfort, and society.
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The modern view holds that a wife may also sue for the
loss of assistance and society of her husband.
Service also means the delivery of a writ, summons and
complaint, criminal summons, or other notice or order
by an authorized server upon another. Proper service
thereby provides official notification that a legal action
or proceeding against an individual has been
commenced.
Consistency, that is to say, internal consistency due to
the logic of law itself, is an important feature of legal
terminology. Legal terms constitute a complex organic
system, are among themselves in a variety of
relationships. The interdependence of terms lies in the
fact that from one, which is a nested word, stable
phrases are formed that reflect similar concepts.
For exa
mple, by means of the term “law”, such
phrases-
terms
as
“legal
relationship”,
“legal
consciousness”, “offense”, “authority”, etc. are
formed. From the term “claim” come the related terms
“plaintiff”, “claim ”, “Statute of limitations”,
“statement of claim”
, etc. The legislation widely uses
terms denoting general concepts and more specific
ones, which take the general term as a basis, but add
some qualifying feature to it (for example, “purchase
and sale "- "purchase and sale of a building"; "pension"
- "old-age pension"). The terms inherent in the
legislation are formed from several independent words
(“judicial system”, “legatee”, etc.). It should also be
noted that in the legislation, in comparison with
everyday vocabulary, there are more terms, the
meaning of which to a certain extent is conditional and
requires additional explanations (for example, the
terms "statute of limitations", "legal entity", "real
estate").
One of the characteristic features of legal terminology
is its widespread use. A wide variety of social relations
are the subject of legal regulation. There is practically
no sphere of life that is not directly or indirectly
affected by law. Therefore, the normative acts use
both common vocabulary, and the nomenclature of
industrial products, and the names of various services,
the vocabulary of various branches of knowledge
(medicine, technology, astronautics, etc.).
The constancy of the vocabulary of legislation,
opposition to unjustified linguistic innovations is a
necessary condition for its stability. However, this does
not mean that there are no changes in the vocabulary
of the legislator. The vast majority of the terms used in
the legislation, as a rule, remain unchanged and do not
undergo any significant modifications. At the same
time, some of the terms do not find legislative use,
since the relations that gave rise to them disappear (for
example, the terms “defeat of rights”, “farm labor”,
“settlement”). Some terms are replaced by others,
more precise (“people's squads” instead of “police
a
ssistance brigades”, “compulsory insurance” instead
of “salary insurance”, etc.). New terms appear: “public
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prosecutor”, “bail”, “household rental”, etc., from the
recently appeared ones -
“collective labor dispute
(conflict)”, “communal property”, etc.
Being the primary material for writing the rules of law,
legal terms have a cross-cutting meaning. Using them,
the state, represented by its authorities, speaks the
language of law and expresses its will: it cancels and
changes the norms; establishes new rules of conduct;
reinforces existing social relationships. With the help of
legal terms, any expression of will takes the form of
constitutions, current laws, government decrees,
ministry instructions, etc.
The terminology of the legal sphere differs from the
terminological systems of other fields of knowledge.
One can note the significant influence of Latin on the
formation of legal terminology, which led to the loss of
the connection between the legal and general literary
languages. So, for example, in the process of the
formation of legal institutions in England, legal
terminology separated from the common language
and became understandable only to the initiated.
Words borrowed from Latin have become highly
specialized (researchers note that up to 10% of direct
Latin borrowings have survived). Another feature can
be considered that in legal terminological systems a
special unity of lexical units is created, their special
compatibility and special connections between words,
there is a differentiation of the broad and narrow
meanings of the word within this terminological field
(for example, in the legal language such words as
"right", "totality", "composition", etc.).
In the linguistic system, there are several ways to
denote an action, with the main nominative being the
verb - this is its purpose, its nominative function.
However, it is believed that in terminology the main
means of expressing the concepts of action and
process is the verbal noun. But if we compare the noun
and the verb, then in terms of expressing the concepts
of action and process they turn out to be unequal. A
verbal noun, due to its grammatical nature and ability
to express the meaning of objectivity, develops a
second meaning - the result of a process, a means of
action, becoming actually a homonym in relation to the
term denoting an action or process, while the verb
always unambiguously expresses the terminable
concept of action and process.
The concept of “action” contains such components of
meaning and such characteristics that cannot be
conveyed within the framework of nouns and
substantive phrases. It is important not only to name
the action, but also to express where and how it
occurs, in what relation it is to the moment of speech,
who is its performer and to what object it is directed. It
is not always possible to “objectify” a term expressing
an action or process. With the help of nouns and
substantive phrases it is impossible to cover all
concepts terminable in term systems. The semantic
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and grammatical capabilities of a noun cannot cover
the set of all concepts terminable in term systems.
Considering that in terms of expressing the concepts
“action” and “process” all linguistic means are clearly
inferior to the verb, and also that the main indisputable
feature of the term is its use to designate a special
scientific concept, we believe that terms should be
recognized as verbal lexemes and phrases expressing
special concepts.
Legal terminology refers to socio-political terminology
and is directly related to the designation of actions and
actions of people, processes of everyday life of society.
Action is one of the main concepts terminized in legal
terminology. Law originated in order to regulate the
actions and actions of individuals, prohibiting some
and allowing others. Actions are a component of such
an important concept of jurisprudence as legal facts.
Thus, the use of verbal lexemes and phrases in the
terminological function in legal terminology is dictated
by the specifics of the concepts expressed in it.
The terminological status of verbal lexemes and
phrases in legal terminology has several justifications.
Firstly, verbs and verb phrases express the basic
concepts of jurisprudence, i.e. correspond to the main
criterion for distinguishing terms from words and
phrases of the general literary language - they
correspond to special concepts and are used in a
certain area. Secondly, the terminology of verbs and
verb phrases is confirmed by the systemic relationships
of terms represented by different parts of speech -
primarily by nouns (static elements) and verbs
(dynamic elements). These elements can be connected
by word-formation relations. In particular, it is possible
to form verb terms from noun terms (appeal from
appeal; prison from imprison), as well as form
substantive terms from verbs (appeal from appeal
imprisonment from imprison).
For legal terminology, the most characteristic is the
formation of substantive terms from verbal stems. In
the Uzbek legal terminology system, 66.7% of noun
terms are formed from verbal stems in a suffixal way
[18]. In the English legal terminology system, the
number of noun terms formed from verb stems in a
suffixal way is 80.1% [19].
At the same time, in both term systems, types with the
meaning of objectified action are particularly
productive. A large percentage of such terms, in our
opinion, can serve as evidence that the opposition of
actions along the lines of “lawful/illegal”, which is basic
for legal terminology, arose initially on the basis of the
opposition of actions expressed by verbs and verbal
phrases, which were terminologicalized already in the
early stages of its development, and at the present
stage, this opposition also manifests itself at the level
of noun terms.
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The relations of word-formation derivation are most
clearly manifested in the presence of a term-formation
nest, where individual components are connected not
only morphologically, but also semantically. All words,
including verbs included in a certain term-forming nest,
are connected by a common terminological meaning.
For example, license - licensee - licensee (or licensee) -
license - license agreement; appeal v. - appeal p. -
appealable - appellate - appellant - appellator - appellee
–
appellor [20].
The terminological status of verbs and verb phrases
also follows from the systemic relationships that exist
within legal terminology. Terminological units are
typically grouped into thematic groups based on a
system of concepts and linguistic relations themselves.
These
groups
include
university
terms
and
terminological phrases - both substantive and verbal.
The synonymous relationships in terminology that
exist between the term-verb and the phrase also
confirm the terminology of verb phrases.
The specificity of legal terminology lies in the fact that
definitions of persons can be given through a list of
actions performed by a person, which also does not
allow avoiding the use of verbal lexemes and phrases.
Finally, the method of recognizing legal terms
proposed by S.P. Khizhnyak also allows us to recognize
the status of terminology for verbal lexemes and
phrases, since they are used to nominate key concepts
of such constituent elements of the rule of law as
disposition and sanction.
Legal terminology has been formed largely on the basis
of commonly used vocabulary. The terminology of
words in general use was associated with the need to
understand the phenomena of the surrounding reality
along the lines of the opposition 'legitimate/illegal'. At
the same time, the connotative coloring of verbs that
has developed in general linguistic practice was taken
into account. Verbs with a positive and neutral
connotation, as a rule, express lawful actions, while
verbs with a negative connotation are unlawful. In a
number of cases, the assessment of the same verbs in
general usage and in legal terminology does not
coincide. For example, expose, escape [21].
The close connection between the vocabulary of
general use and legal terminology is manifested in the
fact that most of the verbs used in legal terminology
absolutely and as core components of terminological
verb phrases are known in the vocabulary of general
use. When used in legal terminology, verbs, in general,
do not reveal deep differences in semantics in
comparison with words of the general literary
language. Such processes of narrowing and expanding
the semantics of verbs are observed. A number of
verbs are rethought by shifting the emphasis towards
one of the semes that are part of the structure of the
verb word and have a special meaning in legal
terminology.
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The global commonality of conceptual systems across
languages has led to the use of similar lexical-semantic
groups of verbs in both term systems. Both in the Tajik
and English terminology systems, the most common
are the verbs of social activity, namely the verbs of
implementation. Due to the abstractness of their
meaning, these verbs have a wide compatibility and
form verb terminological phrases that express both
legal and illegal actions in various branches of law.
Verbs of creative activity, beginning/cessation of an
action, event or state, and social relations are also
widely represented. Differences across languages are
found mainly in the quantitative composition of
groups, the use of synonyms and borrowings.
In the English legal terminology system, there is a slight
predominance of verbs with a negative connotation
compared to the Tajik terminology system. In our
opinion, this is due to the fact that in English there are
more word-formation possibilities for the formation of
verbs with a negative meaning, in particular, the
presence of negative verbal prefixes. This, in turn,
gives rise to a tendency to form verbal terminological
phrases expressing unlawful actions - in the Tajik legal
terminology system - based on verbs with a neutral
connotation, and in the English terminology system -
on the basis of verbs with a negative meaning. The lack
of wide word-formation opportunities for the
formation of verbs with a negative meaning in the Tajik
language is compensated in the Tajik legal system by
the active use of dependent components that give a
negative meaning to the phrase as a whole - adverbs
and prepositional groups (to facilitate the occurrence
of a condition in bad faith, to withdraw working capital
unlawfully, to perform duties improperly way).
The lexical-semantic analysis also showed the
predominance of action verbs (compared to state
verbs) in both terminology systems. Stative verbs are
represented much weaker. In addition to the actual
linguistic reasons, this relationship between action and
state verbs in legal terminology is also due to the
specifics of the concepts, namely the need to indicate
the actions of people associated with changes in the
external world. In addition, legal terminology is
characterized by the process of using action verbs to
convey legal states.
The study revealed a tendency for legal terminology to
select, on the one hand, verbs with specific meanings,
and on the other, verbs with an abstract semantic
character. Verbs with specific meanings form phrases
in which they are the semantic center and play a
decisive role in the formation of the terminological
meaning of the entire phrase. Verbs with abstract
semantics are used in legal terminology due to their
ability to be combined with a wide range of nouns.
Collocations formed on the basis of verbs with abstract
meaning have the ability to very accurately express the
terminable concept of action. The accuracy of the
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concept expressed by such phrases is achieved, firstly,
due to the ability of the substantive component to
have distributors that give a descriptive, evaluative and
differentiating characteristic of the action; secondly,
due to the ability of the verbal component to be
distributed by adverbs that are capable of expressing
many characteristics of an action, including the
assessment of an action along the lines of
legitimate/illegal.
Lexico-grammatical analysis shows the influence on
legal terminology of the language system, on the one
hand, and the system of legal concepts, on the other.
In legal terminology, it is often important not only to
name the action, but also to express the nature of its
commission, the completion/incompleteness of the
action. In the Tajik legal terminology system, these
characteristics of action are reflected in the aspectual
opposition of perfective/imperfective verbs. In the
English legal terminology system, the opposition
between completeness/incompleteness of an action is
expressed either at the lexical level or using aspectual
forms of verbs in the texts of laws.
In verbal term formation, almost all methods of word
production known in the general literary language are
used. The most common way of forming verbal terms
in both term systems is prefixation, which is the most
productive way of verb formation in the language
system as a whole. Differences across languages in the
use of specific means and methods of word formation
are due to the characteristics of the language systems
themselves in the field of word production. For
example, in the English legal terminology system it is
possible to form verbal terms by conversion, as well as
in a prefixed way from nouns and adjectives, while in
the Uzbek legal system there are no such possibilities.
Structural analysis of terminological verb phrases in
legal terminology shows that terminological verb
phrases are built according to models characteristic of
verb phrases of a common literary language. At the
same time, the choice of models is determined by the
regularity of their use in general literary language and
the need to convey important and relevant concepts
and relationships in legal terminology. In the
compatibility of elements of terminological verb
phrases, in a number of cases deviations from the
general linguistic norm are noticeable (answer
according to the article; distinguish a case). These
deviations from the general linguistic norm are due to
the influence of the language system, namely the
inherent possibilities of linear connection of various
units inherent in it.
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2771-2273)
VOLUME
03
ISSUE
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