Volume 03 Issue 07-2023
53
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article examines the historical origins and evolution of terms associated with jurisprudence, shedding light on the
linguistic and conceptual foundations of the field. By tracing the etymology and semantic development of key legal
terminology, the study investigates how the language of law has evolved over time and the historical contexts that
have shaped its meaning.
Drawing upon a multidisciplinary approach that incorporates linguistics, legal history, and socio-cultural analysis, the
research explores the diverse sources and influences that have contributed to the formation of legal terms. It
investigates the impact of ancient legal systems, such as Roman law, Canon law, and Islamic law, on the development
of legal vocabulary. Additionally, it examines the role of linguistic borrowings, such as Latin, French, and Greek, in
enriching and expanding the lexicon of jurisprudence.
KEYWORDS
Jurisprudence, Turkish state, Amir Temur, legal issues.
INTRODUCTION
Amir Temur, who founded the Turkish state,
contributed to the enrichment of the Uzbek language
with many political and legal concepts [1]. For example,
you can find such concepts as tuzuk (rule, right), law,
royal law, state system, property acquisition rules,
obey (serve), sentence, execution, and punishment.
The legal issues that started during the reign of Amir
Temur became even richer during the rule of his
descendants - the Timurid princes. In particular,
Zahiriddin Muhammad Babur in his famous work
“Baburnoma" mentioned a lot of terms used in the
jurisprudence of his country and time. The work is
Research Article
HISTORICAL ROOTS OF THE FORMATION OF TERMS RELATED TO
JURISPRUDENCE
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijll/Volume03Issue07-11
Sarvara Akobirova
Associate Professor, Candidate Of Philological Sciences Tashkent State University Of Law Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijll
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
54
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
dedicated to the life of a person directly related to the
life of the palace and affairs of the kingdom, as well as
to the account of active political processes. In the
language of the work, “ont” (51), “mulkgirlik” (52),
“yog‘iylik” (54), “qаsd” (55), “аyyorlik” (56), “аhd”
(58), “mаmlаkаtdorlik” (60), “аdolаtpeshа” (63),
“g‘аnim” (76), “nohаmjihаtlik” (82), “elchi” (83),
“sulhgunа” (85), “аrz” (96), “urush” (99), “vuzаro”
(159) are used. They are the first appearances and
stages of the formation of words and concepts related
to legal terminology. For example, Umаrshаyx Mirzo
hаm Аndijon hukumаtini аngа berdi (Umarshaikh Mirza
also gave the government of Andijan to him (15). The
word government in the example is one of the main
public administration concepts.
Hoji Mаvloniy qozikim, Sulton Аhmаd qozining vа
Shаyx Burhoniddin Qilichning nаslidur... (17)(Haji
Maulani is a descendant of my Qazi, Sultan Ahmed Qazi
and Sheikh Burkhaniddin Qilich... (17). In ancient times,
the noun qazi
–
position was used, and this concept
corresponds to the position of a judge today. In the
core of this concept, there is also the word kazikhana -
formatted word.
Bu siyosаttin tаmom el bosildilаr (This policy was
completely suppressed (18). The word "policy" here
means the method, way, and measure chosen in
situations of chaos.
Hojа qozini vа Udun Xojа Husаyinni elchilikkа bu
mаzmun bilа yuborildikim... (18) (
I sent Khoja Qazi and
Udun Khoja Husain to the embassy with this in mind...
(18). The name ambassador means a person who
performs a special task sent by the heads of state in the
regulation of interstate relations.
Abobakr duglat Koshgarikim... was the governor of
Koshghar and Khotan... (19). The word “hokim”
mentioned in the text means a chief, a leading position,
an official in a certain administrative area. This word is
still used in the Uzbek language state policy today, but
it has differences in terms of authority and rights
compared to the historical period.
On the other hand, He did not show any kindness or
mercy in return for the unrighteous and good deeds
(23); He grew up in the nobility and the state (23);
Hasan Ya'qub was deposed and his conspiracy was
comforted (25); There was another Vali... He used to
gossip about the people. He was a slanderer a harlot
and a curmudgeon (29); He was not active in the legal
field today, as he took Ani and burned Hisor (37) by
pretending to be an owner. Finally, I found out that
they had come to arrest Shiraz after leaving Baysung'ur
Mirzadin with a claim (39); I was in this position during
the conquest of Cherik, I became a decree... (39); We
have forgiven their sins (40); There are words that are
actively used in jurisprudence today, such as "There are
few traces and signs left of those who committed
suicide" (51) Ul nohаqshunosi bemuruvvаt ul
yаxshiliklаrning muqobаlаsidа hech nаv’rioyаt vа
shаfqаt qilmаdi (23); Mirzodаliktа vа dаvlаttа ulg‘аyib
edi (23); Hаsаn Ya’qubni mа’zul qilib, fitnаsig‘а tаskin
berilgаy(25); Yаnа bir Vаli edi... Jаm’i elni g‘iybаt qilur
edi. Bаdzаbon vа fаhshgo‘y vа xurpisаnd vа tiyrа mаg‘z
mаrdаk edi (29); Аni olib, mulkgirlik dаg‘dаg‘аsini
quyub, Hisorgа yondi (37) kаbi bugungi kundа yuri
dik
sohаdа fаol bo‘lmаgаn. Oxir mа’lum bo‘ldikim, bulаr
dа’vo bilа Boysung‘ur mirzodin аyrilib, Sherozni
sаxlаg‘аli kelgаn ekаndurlаr (39); Cherik zаbti bu
mаrtаbаdа edikim, fаrmon bo‘ldikim... (39); Biz dog‘i
gunohlаrini аfv qilduk (40); Аlаrg‘а qаsd qilg‘onlаrdin
oz fursаttа osor vа аlomаt qolmаdi (51).
Volume 03 Issue 07-2023
55
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
From the examples given above, it can be seen that
legal terms such as oath, intention, covenant,
complaint, war, government, politics, governor, mercy,
state, fitna, gossip, claim, decree, sin, and amnesty are
used.
It can be said that the formation of vocabulary and its
factors are different in each language. In this research,
we focus on the sources of the emergence of legal
terms of the German language, referring to the
comparative analysis of the legal terms of the German
and Uzbek languages, and we see that the sources of
the history of this language are also related to ancient
history. possible In the drama "Der zerbrochene Krug"
("Broken Jug") by the German writer Heinrich von
Kleis, we can see that dozens of terms are mentioned
in the German language in jurisprudence of 300-400
years ago and are still used today.
Among them, the concept of "Schreiber beim Gericht"
(1) is the most actively used unit. This concept has been
used as a legal term in the language since the early days
of the existence of courts.
Another concept related to a court case is the German
Was? Der Gerichtsrat? Eine Prüfung? Das ist nicht gut
/What? A panel of judges? Is it a test? It is not good/
used in (2). That is, the combination of several judges
in the German language, that is, a panel of judges, is
still actively used in the terminology of the legal field.
Die Kasse und Protokolle /Cash register and journals/
(3) These concepts are used in different paradigms in
the language under the phenomenon of expansion of
meaning or narrowing of meaning. In German, these
concepts are legal units. In the following text, we can
see the relevance of these concepts to the legal field
with the help of examples. Angeklagter, Ich sehe bei
der Verhandlung zu und prüfe ich die Kassen"Der
zerbrochene Krug" ("The Broken Jug") by Heinrich von
Kleiss. In this given example, we can immediately
notice that the lexeme of the accused is related to the
legal process, but the lexeme of the cash register can
be understood to be used in several senses, that is, a
cash register used in purchasing, selling something, or
in various departmental processes.
In German, legal uniforms and wigs for judges are the
norm, and in turn, words expressing these concepts
are included in the terminology of the field. Herr
Richter ziehen Sie Mantel und Perücke an /Mr. Judge,
put on a coat and a wig/ (5) Judges also wear special
clothes in Uzbek.
One of the active lexical units of legal field terminology
is the term accused. I am also Richter und Angeklagter
at the same time. Ich muss mich selbst verurteilen /So I
am judge and accused at the same time. I must judge
myself/ (4). The text's complexity is created by the fact
that the words judge and accused are used in this text
to essentially refer to the same person (Heinrich von
Kleis' Der zerbrochene Krug ("The Broken Jug").
Also Ich muss weglaufen, sonst komme ich ins
Gefängnis / I must run away or I will go to prison / (4);
Ja, das passiert, wenn man sich nicht an die Gesetze
hält. Heute ist doch Gerichtstag bei Ihnen, oder? / Yes,
that's what happens when you disobey the law. Today
is judgment day for you, isn't it? / (5); Sie führen das
Protokol /They keep the protocol/ (7); Du bist also der
Schuldige / So you are guilty / (9); In einer richtigen
Gerichtsverhandlung spricht zuerst der Kläger
–
hier
Frau / In a real court session, the plaintiff speaks first -
here is a woman / Examples like (9) are also available.
Volume 03 Issue 07-2023
56
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Among the mentioned historical legal terms related to
the German language, we can cite the following terms
as examples that are still actively used today. Der
Gerichtsrat?
(Council
of
Judges),
Protokolle
(document), Richter (judge), Angeklagter (accused),
Verhandlung (trial), verurteilen (judge), Gefängnis
(prison),
Gesetz
(law),
Schuldige
(guilty),
Gerichtsverhandlung (court meeting), such as Kläger
(plaintiff).
After the second half of the 19th century, new legal
terms began to be used in newspapers and magazines
published in Uzbek. Some of these terms began to be
used in the Russian-international form (with the
pronunciation adapted to the Uzbek language):
"avoxta" (gauptvahta), "lawyer", "action", "arist",
"ariston", "bankrupt", "vayannoy sod", "deplomat",
"zakon", "istrajnik", "doznaniya" (interrogation),
"ugalavniy ish" and others. At the same time, a number
of legal terms began to be accepted in full and semi-
modified form: "Basic Law" (constitution), "trapped
goods"
(contraband),
"demand"
(ultimatum),
"payment" (tax), "Siyaz judges", "Siberia", "Pechat",
"zakonkhona" (advocacy), etc [2].
It is well known that the history of German
jurisprudence from a legal-historical point of view
includes legal knowledge based on tribal rights and, in
particular, on Saxon and Frankish legal concepts.
Together with Roman and canon law, it formed
common jurisprudence in the High Middle Ages and
formed a trinity of legal sources that were decisive in
the development of European jurisprudence.
In this sense, German jurisprudence should not be
confused with actual jurisprudence in Germany. It
refers only to the historical period and its legal
traditions, and we can observe that German
jurisprudence began in the 6th century of the Middle
Ages and continued until the beginning of the 12th
century. Accordingly, modern studies assume that a
single all-German system was formed in the Middle
Ages. To this day, German-canonical Roman legal
traditions coexist in Germany, and the current legal
system relies on all of these sources.
It is known from German historical times that ancient
Germanic law was accepted orally.
Pre-medieval Germanic jurisprudence expressed the
rights of the people's courts orally. Tribal rights,
Germanic national rights arose for members of
individual tribes during the migration of peoples.
In the Middle Ages, tribal rights, originating from early
medieval hierarchical societies, arose as land rights for
the inhabitants of a specific geographical area. In
addition, there were special rights for certain
professional groups or groups of people. Ownership of
land and property and related services and obligations
began to express the main direction of the legal
system. The legal system of the nobility consisted
essentially of feudal law. Peasants were partly free and
legally independent landowners, partly attached to the
church. Reich legislation was limited to separate
constitutional laws. For example, the Golden Bull of
1356. Muhlhausen Reich Law, created in the 12th
century, It can be concluded that law books such as
Sachsenspiyegel
(Saxonian
Mirror)
or
Schwabenspiegel (Swabian Mirror) contributed
greatly to legal harmonization. In particular, the
Sachsenspiegel (Saxon Mirror) has survived largely
unscathed from the later Middle Ages and early
modern period to the present day [3]. We have shown
during our research that German legislation was strong
in the Middle Ages.
Volume 03 Issue 07-2023
57
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
We will focus on the legal relations of feudalism in the
social system in Germany, an agrarian country
characterized by a natural economy. The upper class,
land-owning nobles, was divided into different
property groups, and the lower class, the peasants
who worked the land, were formed on the one hand.
Only at the beginning of the High Middle Ages, i.e., in
the second half of the 12th century, we can observe the
development of the regulatory aspects of trade and
monetary relations with the cities. But at that time, a
state with a bureaucracy and a standing police army
certainly did not yet exist. The order of estates created
in the Middle Ages was preserved until the French
Revolution.
It should be noted that in the High Middle Ages, unlike
today, judges were only responsible for negotiating
and announcing the verdict with the judges.
The judge alone did not have the authority to make a
decision. The main actions of the party created strong
binding effects, which led to the emergence of the
habit of entrusting them to lawyers for their existence.
The evidence was an oath (often administered by oath-
takers) and a judicial duel, which decided guilt and
innocence as a divine judgment. The sentences were
not dependent on legal remedies in the modern sense,
as a result of which we can observe that the trial was
immediately conducted between the prosecutor and
the judge. From the early Middle Ages, Germanic
punishments were mainly physical injuries. In the
Middle Ages, there was a general trend of infamous
interrogations, mirror punishments under the law, and
capital punishment under torture.
Between the 13th and 16th centuries, a legal profession
emerged that taught and studied Latin. It was taught
in written Roman law and canon law created by the
Catholic Church. The emergence of learned jurists in
German legal practice began the adoption of Roman
law, as medieval culture was influenced by the Latin
language. A number of official and private works of
Emperor Frederick III are recorded in writing. In
connection with the reform of constitutional
structures, it is also known that in the 1440s, doctors of
jurisprudence had a large voice in council meetings and
in the courts.
From the second half of the 15th century, the law was
influenced by the modern law taught in Italy - Roman
law. Although the law existed only as an adjunct to
local and regional laws, they were often romanized, i.e.
adapted to Roman law.
With the Enlightenment period, a decisive turn in the
legal system took place, a new social theory was
developed that adopted the form of the medieval
society. From the 18th century, we can observe that
the German law grew stronger.
As a result of historical development, Roman law
began to have a significant influence on the
development of the German legal system. Although
the Germanic tribes had their own legal traditions,
which were written down in law codes after the fall of
the Western Roman Empire, these tribes settled in
former Rome and were therefore more familiar to the
population. They had to incorporate Roman law into
their legal tradition. During our research we learned
that there were times when there was no written law
in the early Middle Ages.
It was different only in ecclesiastical territory, where
since the beginning of the Middle Ages written laws
were also subject to church law. In addition to
members of the clergy, the poor, widows, orphans,
Volume 03 Issue 07-2023
58
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
07
Pages:
53-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
and crusaders were subject to the existing law. From
the twelfth century, it is noted that local customs are
not thematically classified as the best. Examples of this
are the "Saxony Window" and the "Swabian Window".
These collections show typical events of the Germanic
legal tradition, such as the criminal paying fines to his
relatives.
The Roman foundation of the corpus iuris civilis,
written by the Eastern Roman Emperor Justinian (527-
565), spread throughout Europe through Italian law
schools. Roman law was applied mainly when no
solution was found. Rational law became widespread
during the Enlightenment. Roman is interpreted and
adapted in a modern way.
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//Форсчадан| А. Согуний ва
Ҳ
.
Кароматов
тарж
;
Б
.
А
ҳ
медов
та
ҳ
рир
.
остида
/.
—
Т
.:
Нашриёт
-
матбаа бирлашмаси, 1991.—
144 б.
2.
Гулямова
Г.
Ўзбек
юридик
терминологиясининг
Исти
қ
лол
даври
тара
ққ
иёти
.
Филология
фанлари
номзоди
илмий
даражасини
олиш
учун
ёзилган
диссертация
.
Т
:. 2005.
3.
Jаcob Grimm: Deutsche Rechtsаlterthümer.
Nаchdruck der 4., durch Аndreаs Heusler und
Rudolf Hübner besorgten Аuflаge von 1899, 2
Bände. Аkаdemie
-
Verlаg, Berlin 1956. S
-14
