Linguistic conflict category in the legal discourse
Автор: Soboleva L.A.
Журнал: Евразийский гуманитарный журнал @evrazgum-journal
Рубрика: Дискурсология
Статья в выпуске: 2, 2025 года.
Бесплатный доступ
This article presents current statistical data characterizing the high level of litigation, as well as demographic data characterizing a high divorce rate in Russia. It is suggested that this condition is also influenced by the significant linguistic conflict potential of spouses. The author, referring to the research of domestic and foreign conflictologists, psychologists, linguists, identifies the causes of conflict, defines the concepts of linguistic conflict, legal discourse, analyzes theoretical and practical studies of the concepts of conflict potential in legal and judicial discourses, family trial and pre-trial disputes. This work contains a description of a conflictogenic personality, the causes of conflictogenicity and linguistic conflict potential. As a result of the research, the main linguistic constructions that evoke the greatest negative reactions and negative emotions of the parties in lawsuits arising from family legal relations have been identified. It is revealed that the specificity of the judicial disputes discourse caused by the peculiarities of the procedural requirements of civil proceedings, affects the nature of communication between the participants in court sessions, but does not reduce their conflict potential. The author suggests that the conflict-prone nature of court proceedings should be reduced by applying the mediation procedure provided for by the Russian legislation both at the pre-trial and at the stage of the court session itself, and at the post-trial stages of the process. In conclusion, the author believes that studying the linguistic conflict potential of legal discourse in general, including lawsuits, familiarizing spouses with the basics of constructive ways to resolve contradictions and conflicts, and conflict-causing statements will help minimize conflicts, avoid negative emotional intensity of lawsuits and everyday life, which will reduce the overall conflict potential of the Russian society.
Legal discourse, legal relations, conflict, family legal relations, linguistic conflict, litigation, mediation
Короткий адрес: https://sciup.org/147251394
IDR: 147251394