CITATION AS INTERTEXTUAL DEVICE IN LEGAL DISCOURSE*

 

Natalie Udina

Prof., RUDN University, Russia, udinann@gmail.com

 

Abstract

Language and law relationship are in the focus of numerous researches both linguistic and legal as they are of importance not only from the theoretical grounds but practical application of law. The paper presents an analysis of intertextual relations of the court judgment using discourse analysis methodologies and semantic and structural implications of the intertextual devices to the law discourse. The adjudication process and legal research, which are central to legal practice, are considered as citation heavy activity. Legal citation as a widely used intertextual device has been studied in the text of court judgment. When lawyers present legal arguments they cite authority to relate law to a particular situation referring to statutes, previous decisions they find pertinent. These references known as legal citations are very specific characteristic of legal text. The task of legal citation is to provide necessary information and to aid a decision. Some researchers consider legal citation as technical language, which evolves in the process of its usage. The text of judgement is related to other legal texts through citation, which is one of important intertextual devices. The analysis of legal citation reveals their various semantic and pragmatic functions and their impact on legal text structure. The linguistic study of legal citation and its intertextual functions are important for producing and understanding of legal text, effectiveness of legal writing and provide insight into law and language relationship.

Keywords: law and language, intertextuality, legal citation, semantic and pragmatic functions

*The publication was prepared with the support of the "RUDN University Program 5-100”