LINGUISTICAL ISSUES ON LEGAL WRITING: LEGAL DEFINITION, ASSUMPTION AND FICTION

Abstract

The author of this article examines the logical-linguistic requirements of legal writing, analyzes the linguistical characteristics of legal technique, defines legal definitions, legal assumptions and legal fictions as a techniques of legal writing (concept, placement, hierarchy, types, the standards of correctness), in particular, the author has deal with the definitions of largo sense, both basic and definitional (metaprescriptional) ones; the definitions of stricto sense, both real (intra-linguistic) and nominal (meta-linguistic, terminological); provides characteristics and examples of analytical-synthetical and synthetical definitions; proves that definitions-regulators give the defined expression the meaning that changes completely the semantic core of the expression, and definitions-projectants eliminate the inaccuracy, ambiguity and polysemantic of the defined expression; analyzes explicit (classical (classification, subsumption), contextual and non-classical (disjunctive, definition-lists, casual lists) definitions and implicit ones, which are equal to legal definitions of largo sense; specifies subtypes of classical definitions, namely substantive, functional (operational) and quantitative ones; highlights complete definitions, that contain the entire set of available signs, and partial ones; establishes that legal assumption is a legal writing technique based on probability, namely an assumption established in legislation regarding the existence of a certain fact, the reality of which is considered to be true and does not require proofnesses, whereas, a legal fiction is an assumption of some fact or quality, often contrary to reality, but assumed in order to produce the certain legal consequences. The main difference between a legal fiction and a legal assumption is that the assumption equates the probable or at least possible phenomenon with the true, but the fiction in the form of a norm or institution of law establishes something that does not exist in reality.