Modality of Obligation as a Legal Phenomenon (in the Context of Regional Legislation)

This article discusses deontic modality in the context of legal documents and its divergence from the natural, conventional, interpretation. This work demonstrates that the meaning of the performative verb is not purely linguistic. A number of non-linguistic factors cause the variation of meanings o...

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Bibliographic Details
Published in:International journal for the semiotics of law = Revue internationale de sémiotique juridique 2017-03, Vol.30 (1), p.129-150
Main Author: Kireeva, Elena Z.
Format: Article
Language:English
Subjects:
Applied Linguistics
Fundamentals of Law
Law
Law and Criminology
Legal History
Philosophy of Law
Theories of Law
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Summary:This article discusses deontic modality in the context of legal documents and its divergence from the natural, conventional, interpretation. This work demonstrates that the meaning of the performative verb is not purely linguistic. A number of non-linguistic factors cause the variation of meanings of performatives, in this case, when expressing prohibition, permission, recommendation, advice, proposal or request. These factors include: status of the addressee, type of the relationship between the author and the addressee, type of the document, possibility of control and subsequent punishment for the breach of a norm, methodology of legal drafting, traditions of the Russian document processes. There is no direct association between the type of the legal norm (permissive, obligatory, prohibitive) and the meaning of the performative. To express its will, a regional law-maker, to a varying degree, uses orders, prohibition and permissions. These are dictated by the type of the document.
ISSN:0952-8059
1572-8722
DOI:10.1007/s11196-016-9485-6