Roman law and Latin as factors of interpretation of the legal term “justice”
Автор: Saltykov Konstantin Gennadievich
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Теория и история права и государства. История учений о праве и государстве
Статья в выпуске: 3 (98), 2021 года.
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Introduction: the article discusses the potential impact of ancient Roman legal concepts and features of Latin vocabulary on the processes interpretation of the term “justice” and the representation of approaches to understand in the legal discourse. The author relates the solution to the problem of the category activities for review and resolution by the courts of various categories of cases establishing the similarities and differences between modern and ancient understanding of the content of justice, functioning of the relevant term in the texts are presented in Russian and Latin. The context of the interpretation of the important legal term “justice” is related to the ambiguity of Roman law and Latin, This will contribute to a better understanding of the modern and classical semantic methods of the word “justice”. Materials and methods: the study of the relationship between the interpretation of the word “justice” in Roman law and modern law, the semantics of special words in Russian and Latin languages were based on the sources of doctrines and encyclopedias religious texts contained in documents on issues of doctrine, and Latin legal idiomatic. The research method is based on a comprehensive approach to sources, including reference to written materials of the Roman legal tradition, Sources of modern science and religion. The author adopts reconstruction method, comparison method, system analysis method, comparison method (the relationship of analyzing phenomena in different texts), abstract method and analogy method. Results of the study: a generalization of definitions that represent the form of scientific understanding of the concept of “justice” and its terminological referent is carried out in order to find new ways to solve the scientific problem of developing doctrinal and legal definitions of this concept. Intuitive forecasts of possible transformations of the conceptual and terminological apparatus of Russian jurisprudence are proposed, taking into account the foundations of the Roman legal tradition and the cognitive function of the Latin language. Findings and conclusions: the study allowed us to identify legal and linguistic phenomena that play the role of factors in relation to the proposed transformation of legal terminology. Using examples from the field of modern doctrine, Roman law, and Latin, the author suggests the direction of the process of scientific knowledge of the main elements of the conceptual and terminological foundations of jurisprudence that characterize the content of the cognitive process from the point of view of expediency.
Roman law, justice, legal term, legal discourse, interpretation, latin language
Короткий адрес: https://sciup.org/143178192
IDR: 143178192 | DOI: 10.24412/2312-3184-2021-3-36-42