Volume 04 Issue 11-2024
40
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
40-42
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article provides an extensive analysis of legal discourse and the concept of openness within it. It examines
scholars' views on eloquence, transparency, and sincerity in the legal field, analyzing similarities and differences in
their perspectives. The study offers a theoretical foundation for the culture of legal language from ancient times to
the present and enriches it with examples.
KEYWORDS
Legal discourse, eloquence, synegors, logographers, jurisprudence, lawyers, judiciary, defendants, confession,
punishment.
INTRODUCTION
Words are the beauty of language and the adornment
of intellect. Words are sacred and must serve only
goodness and virtue. According to Greek philosophers,
language is the key to the treasure of wisdom, and a
person’s knowledge and manners are evident
from
their speech. Lawyers, in particular, frequently interact
with various segments of society, such as witnesses,
victims, suspects, and criminals. This requires extreme
caution in their use of language, especially during
investigations and trials.
Legal practitioners' work is inseparable from official
documentation. Their ability to draft investigation
reports, court rulings, prosecutorial speeches, and
other official documents with literacy and precision
depends on their linguistic competence. Therefore, a
future lawyer must be a skilled orator, capable of
delivering logical and persuasive speeches, which is a
demand of the modern era.
LITERATURE REVIEW
Research Article
OPENNESS IN LEGAL DISCOURSE
Submission Date:
November 11, 2024,
Accepted Date:
November 16, 2024,
Published Date:
November 21, 2024
Crossref doi:
https://doi.org/10.37547/ijll/Volume04Issue11-09
Mirzakamolova Sadoqatkhon Sayidakhmadovna
Doctoral Candidate at Namangan State University, 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 04 Issue 11-2024
41
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
40-42
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The language used in jurisprudence, characterized by
orthographic, lexical, grammatical, and stylistic
peculiarities, is referred to as legal language.
Prominent legal scholar Professor A. X. Saidov noted,
"Legal language is a product of millennia of
development and the accumulated experiences of
many generations." He further emphasized that "legal
language, emdiving the historical experiences of
legal development, is an undeniable cultural value and
an integral part of legal culture."
In the development of administrative rhetoric, the
influence of Greek judicial traditions is noteworthy.
During Solon's reign in ancient Greece, every citizen of
Athens was granted the right to self-representation in
court. This legal process pushed individuals to craft
cultured and persuasive speeches. However, not
everyone could master the art of rhetoric.
Consequently, the need for professional speechwriters
emerged in Greece. These professionals, known as
synegors, were the early counterparts of modern
defense attorneys, while logographers were hired to
draft defense speeches.
METHODOLOGY
Legal discourse manifests in both oral and written
forms, each distinct in its characteristics. Oral
discourse, such as speeches by prosecutors, judges, or
defense attorneys, exists only at the moment of
delivery and ceases once the speech ends. However,
the information conveyed can have a lasting impact on
the listener’s perception, behavior, and emotions.
Oral legal discourse relies on additional elements such
as pauses, intonation, emphasis, gestures, and facial
expressions to effectively convey the speaker's
message.
Legal language comprises various subcategories, such
as the language of law, scientific jurisprudence,
courtroom discourse, legal-pedagogical language,
legal-publicist language, prosecutor language, and
defense attorney language. Despite their lexical-
grammatical commonalities, these subcategories
possess unique characteristics.
For example, terminologies used in civil law, such as
"litigation," "claim initiation," and "settlement order,"
differ significantly from terms in criminal law like
"fraud," "genocide," "assault," and "terrorism."
RESULTS AND DISCUSSION
Legal discourse is governed by norms and structured
communication between participants, such as
investigators, defendants, and attorneys. Openness in
legal language facilitates truth-seeking and the
resolution of disputes. It also enhances trust and
cooperation among participants.
In legal interactions, openness can take various forms,
such as confessions, voluntary testimonies, and
transparent
communication.
For
instance,
a
defendant's honest confession may not only aid the
investigation but also serve to mitigate the severity of
the sentence. Similarly, investigators must formulate
their questions clearly and choose language accessible
to the interviewee.
Effective legal discourse requires practitioners to be
proficient in rhetorical strategies, psychological
communication techniques, and a deep understanding
of their interlocutor’s linguistic background.
CONCLUSION
Volume 04 Issue 11-2024
42
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
40-42
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In legal communication, openness, transparency,
sincerity, and impartiality form the basis of productive
dialogue. Both parties in legal interactions
—
the
participants in the legal discourse
—
are responsible for
ensuring its effectiveness. Investigators, attorneys,
and defendants must approach such discourse with
clarity and respect for linguistic nuances to achieve
justice.
REFERENCES
1.
Saidov A., Sarkisyans G. *Legal Language and the
Rhetoric of Jurisprudence.* Tashkent, “Adolat,”
1994. p. 5.
2.
Saidov A. *Features of Legal Language.* // Law and
Language. Tashkent, 1997. p. 64.
3.
Usmonov S. *The Culture of Legal Discourse.*
Tashkent, 2005. p. 14.
4.
Ko‘chimov Sh.N. *Language and Legislative
Technique.* // Law and Language. Tashkent, 1997.
p. 114.
5.
Palashevskaya I.V. *Judicial Discourse: Functions,
Structure, Narrativity: Monograph.* Volgograd:
Paradigma Publishing, 2012. 148 p.
