Discursive strategies and tactics of legal actors in the trial

Автор: Khramtsova Natalya Gennadyevna, Mayboroda Tatyana Yuryevna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2019 года.

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The research deals with the discursive strategies and tactics of legal actors in the trial as characteristics of judicial discourse. The authors use a novel approach represented by legal discourse analysis. The purpose of the research is to identify the characteristics of the discursive strategies and tactics of trial participants that are necessary for the study of judicial discourse and analyze their purpose and the need to use them. A dialectical approach serves as a methodological basis of the study. Because of the interdisciplinary nature of legal discourse, it is considered from a perspective of general methodology and the methodology of legal science. Besides, the authors employ formal and dialectical logic methods and a comparative legal method. As a result, they propose a comprehensive legal discourse analysis to learn about judicial discourse through the analysis of its components. The authors examine discursive strategies and tactics of legal actors in the trial with the help of legal discourse analysis as a set of interpreting techniques of legal texts or statements, a system of techniques, methods, and operations related to the phenomenon of law. It allows one to reveal the particular manifestations of judicial discourse and thereby has an effective legal impact on participants in regulated relationships without losses. The interdisciplinary approach combined with the dialectical one makes it possible to capture the trends towards law, new concepts in law (in particular, legal discourse), and its changes, which become evident at the interface between the theoretical and practical issues of the theory of law.

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Legal discourse, legal discourse analysis, methodology, legal methodology, interdisciplinary nature, systems approach, comprehensive nature, discursive strategies, discursive tactics, judicial discourse

Короткий адрес: https://sciup.org/149132893

IDR: 149132893   |   DOI: 10.24158/tipor.2019.9.10

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