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Погроза як об’єкт лінгвістичної експертизи

Journal: Movoznavstvo (Vol.2022, No. 2)

Publication Date:

Authors : ;

Page : 41-62

Keywords : juridical linguistics; forensic linguistics; linguopragmatics; speech act; speech genre; speech deed; parameterization of the linguistic crime;

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Abstract

The article discusses methodological approaches to forensic linguistic research concerning the cases based on the juridical assessment of speech deeds. As an object of forensic linguistics the speech act lies at the interface between the conceptual spheres of linguistics and jurisprudence. When the speech deeds whose content is defined by the law (threats, blackmail, appeal, solicitation) are performed under certain communicative circumstances they could be qualified as criminal offences. Juridical assessment of such speech deeds must pursue the lines of reasoning lying beyond jurisprudence and pertaining to linguistic pragmatics. The principle of linguistic parameterization of the language crime is essential for resolution of the wide range of tasks confronting forensic linguistics investigation. Parameterization stipulates for the comprehensive list of indispensible communicative features as its linguopragmatic elements. The combination of the sum-total of linguopragmatic elements of the speech deed in the relevant communicative context is tantamount to its perpetration. Through the example of the speech act «threat» methodological approaches are described and their theoretical feasibility is discussed. The differences between the casual understanding of «threat», on the one hand, and its linguopragmatic qualification, on the other hand, are examined. Among the distinctive features of the speech act «threat» we distinguish those conditioned by the essential characteristics of the respective speech genre and those conditioned by the juridical qualification of the elements of the linguistic offence. The cases of parameterization of the linguistic crime and of the introspection of the elements of the crime in forensic linguistics are exemplified

Last modified: 2022-05-16 22:41:48