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北美作业代写:Legislative linguistics

2018-07-23 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Legislative linguistics,供大家参考学习,这篇论文讨论了立法语言学。国际立法语言的研究始于成文法典的出现。法律其实就是法学原理和法律规范的语言展现。因此,不管从习惯法还是自然法的视角,成文法都是立法语言研究的集中体现。现代国际立法语言多从立法起草的角度来建构立法语言学体系,其沿袭了其注重实践的法律语言研究的思路,从操作性的起草角度对立法语言展开研究,是其主要特点。

Legislative linguistics,立法语言学,essay代写,paper代写,作业代写

Legislative linguistics is an important category of applied linguistics and legal linguistics. It discusses the general situation of legislative linguistics from both international and domestic perspectives.

At present, there are no special articles or works to study and comb the international legislative language. It can be said that the study of international legislative language is the weak link of legislative research.

The study of international legislative language begins with the appearance of written code. Law is the language of legal principles and norms. Therefore, whether from the perspective of customary law or natural law, statute law is a concentrated reflection of the study of legislative language. The code of hammurabi is the earliest complete written code in the world. It is a religious law with a strong religious nature, and its legislative guidance is mainly based on religious doctrines. There is no distinction between legal norms, religious norms and ethics. Preface, text and conclusion are adopted in the legislative language paradigm. The city-states of Greece, with its developed commercial economy and private law, later Roman law inherited the idea of natural law from its statute law. In Roman law, jurists began to answer difficult questions of law and to explain law by writing. The middle ages was a period of church law. Church scholars studied the legal language and religious doctrines, and compiled the theological codes, thus consolidating the status of legal theology. With the development of commodity economy in the middle and late period, there appeared the "Renaissance of Roman law", which formed the annotationalist school and the critic school of jurisprudence successively, and studied the Roman law. Common law and case law appeared in England. The legal language of this period has not been recognized by people, but has been studied as a part of the legal text, which is conceived in the matrix of legal research.

In modern times, from the Renaissance, scholars began to pay attention to the study of legal language, which was independent from the mother of law. Dante Alighieri once pointed out in the discourse on slang that the language of the court was "accurate and measured". Baron DE Montesquieu once studied the legislative language. The legal language should be accurate and unambiguous, and the law should not be subtle." The German and French codes of napoleon are not only the model of the code, but also the embodiment of the study of legal language. The Napoleonic code is characterized by the accuracy and conciseness of legislative language, while the German code is characterized by the preciseness of legislative language.

The study of modern international legislative language mainly constructs legislative linguistics system from the perspective of legislative drafting. Everstine's legislative title, George Joho Miller's on the style of law, Robert c. d. ick's drafting of law, and Herry Weihofen's writing style of law. Among them, the most representative one is Reed Dickerson of the United States, who has always attached great importance to the study of legislative drafting. He has always taken the legislative language as part of legislative technology, and has always fought against the wrong tendency to despise legislative drafting technology. Its representatives are the legislative drafting and the basic principles of legal drafting. In the legislative drafting, he discusses the legislative language from the drafting Angle, such as the establishment of the title, the arrangement of various parts of the legal text, the organization of the legislative text, the organization of the legislative text and the legislative sentence, the encumbrance and verbosity, the definition, conditions and requirements, etc., which involve almost all aspects of the relevant language in the legislative drafting. Brink believes that each legal theory directly or indirectly depends on a semantics theory, while the semantics theory that legal positivism relies on is wrong. He argues that a correct semantic theory suggests that meaning - or at least referential - does not depend on the user's beliefs about the word, but on the characteristics of the object or the classification of the object that corresponds to the word.

The study of international modern legislative language follows the thought of its practical legal language study, and the study of legislative language from the perspective of operational drafting is its main feature.

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