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Terminization in the legal discourse

The concept of terminology was very important in every period of the development of linguistics. The most actual problem is semantic processes that take place in legal terminological system. The aim of work is to follow the process of terminization in the legal discourse. The materials used in the investigation were legal documents as they include either terminized legal terms or those semantic field of which remained unchanged. 

Terminization is the process of transference a word of a general vocabulary into the term.

As to the legal terminology most of the terms were taken from general vocabulary. The meaning of the words was narrowed and specialized to identify particular legal notions.

For instance, a term “power” derived from Anglo-Fr. pouair and was used in 1297 in the meaning of “to be able to”. Later this word was used in the meaning of “a state or nation with regard to international authority or influence” and only in 1898 the meaning of a word “power” meant “to supply with power”. It means that generally the main meanings were “authority, capacity, ability and influence”. In current dictionaries the following definitions of a word “power” are given [2, 1102]:

1) ability or capacity to do something;

2) political, financial, social, etc., force or influence;

3) the ability to perform work;

4) a person who exercises control, influence, or authority.

In the legal discourse the term “power” was terminized from a word from general vocabulary. The process of terminization consists of two stages:

·                  Transference of meaning from general word;

·                  Specialization in legal terminosystem.

Legal meanings of a term “power” are following:

1) legal ability, capacity, or authority: the power of attorney;

2) a document or written statement conferring legal authority.

Investigating legal documents we encountered a term “power” only in the first meaning.

e.g. The power of sale herein is discretionary and not mandatory.

       I also give to my Trustees power to execute and deliver such deeds, mortgages, leases or other instruments as may be necessary to affect such a sale, mortgage, lease or other disposition[3].

There is a great number of terms terminological meanings of which continue developing. A problem is that a terminology is linked with a science it defines. Most linguists emphasize correlation of term semantics and a system of notions of a particular science. Sometimes the semantic derivation in a particular science is explained by the change in a number of notions of a particular science.

A system of notions of a certain science is reviewed and consequently a system of terms somewhat changes. With an appearance of new notions there comes a necessity to define their place in the terminological system. That’s why they can be used with the “old” ones but new meanings are added to the existed ones. It is called the economy of a language means [1].  

New meanings of a term can be used with the old ones or gradually extrude them. The meaning of a term can extend, narrow or change the meaning according to the changes of the science it belongs to. New scientists begin to put new meanings to the term because they extend knowledge about the particular notion.

  A term “lien” was firstly used in 1531 with the meaning of “right to hold property of another until debt is paid”, later it was used with the meaning “bond”.

Nowadays this term has only one meaning “the legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation”[2, 815]. As a result the meaning was changing in the terminosystem and with the narrowing of a meaning a lien became a term with only one meaning.

  e.g. The Business is free and clear of all debts, liens and other encumbrances[3].

          A term “closing” is defined in “Longman English Dictionary” with the help of a verb “to close” and has the following meanings [2, 241-242]:

·                   to put (something) in a position to obstruct an entrance, opening;

·                   to stop or obstruct the entrances, apertures, or gaps in;

·                   to terminate or suspend the operation of; to halt the activities of.

When it became a term the verb acquired a new meaning that is more narrow than the previous one:  “the fulfilment or performance of a contract esp. for the sale of real estate; a meeting at which the closing of a contract takes place”.  In the legal discourse it is used in this meaning:

e.g. At the closing for the completion of the sale of real property, the purchase price is paid and title is transferred to the purchaser or mortgagor [3].   

 A term also has resemblance with a word of a general vocabulary.

e.g. Closing date (a deadline of an agreement) [3].

So, a given term “closing” can be used in both meanings in the legal discourse. Moreover, instead the word combination “closing date” only a term “closing” can be used and it acquires the meaning of the whole word combination.

 The process of terminization occupies either the old words or new ones. Most of the investigated terms underwent terminization in the period from 100 to 300 years. It is worth reminding that the process of terminization is rather rapid nowadays. On the one hand it is explained by the development of  jurisprudence and on the other hand the development of mass media is so rapid that the words that were commonly used in the general vocabulary are now used as legal terms.

Bibliography

1.                            Ôîìèíà È.Í. Cåìàíòè÷åñêàÿ äåðèâàöèÿ â ôîðìèðîâàíèè àíãëèéñêîé ïîëèòè÷åñêîé òåðìèíîëîãèè: Àâòîðåô. äèñ. ... êàíä. ôèëîë. íàóê. /Ìîñêâà 2006. - 20 ñ.

2.                            Longman Dictionary of Contemporary English, 2001. – 1668 p.

           3.            http://legaldocs.blogspot.co.uk