CONVEYING A STATEMENT IN GIVEN PATTERNS OF LEGAL INTERACTIONS (ON THE EXAMPLE OF RULES OF THE EMPLOYMENT CODE)
Languages of publication
The paper presents a discursive interpretation of legal regulations, understood as a particular delineation of communication between a legislator and the receivers of normative statements. The authoress shows, that the way of communicating a statement in an interacting community, artificially created by a law, is schematic and happens according to two patterns. While regulating the actions of legal subjects in relations concerning legal obligations, a legislator refers writs to the receivers of normative statements. The writs take a form of categorical statements, composed of indicative sentences as well as they specify the time of establishing and receiving of the act of speech, in deictic temporal setting around a pivot of 'here and now', given by a legislature. In the case of combining legal obligations and interactions of dependence of authority, a statement determining the way of solving a dispute between the subjects of legal obligations (e.g. between an employer and an employee), through subjects of authority (e.g. employment courts), is given in the form of conditional sentences. Temporal setting of events in the statements regulating interactions of dependence of authority, determines projection on the time pivot. According to the authoress, the syntactic organisation of sentences and the temporality allocated as the duration of actions suspended in time are the main grammatical qualities of the functional marking of legal texts.
Publication order reference
CEJSH db identifier