Научная статья на тему 'THE ISSUE OF SYNONYMY IN UZBEK LEGAL TERMS'

THE ISSUE OF SYNONYMY IN UZBEK LEGAL TERMS Текст научной статьи по специальности «Языкознание и литературоведение»

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absolute synonyms / synonymy / syntactic synonyms / law sources.

Аннотация научной статьи по языкознанию и литературоведению, автор научной работы — U. Sh. Torayeva

This article discusses the importance of synonyms in Uzbek legal terminology. It is clearly known the problem of synonyms is one of the main difficult ones for the English language learners. Misunderstanding the true meaning of synonyms can cause not only undermine the accuracy of speech but also creates inaccuracies in punishing in law sources. In order to achieve the accuracy of the speech, it is necessary to use the appropriate terms and words that are combined expressive words from the lexical layer of our language, which is rich in different forms to understand the meaning of the words.

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Текст научной работы на тему «THE ISSUE OF SYNONYMY IN UZBEK LEGAL TERMS»

THE ISSUE OF SYNONYMY IN UZBEK LEGAL TERMS

U. Sh. To'rayeva

Termiz State University umidahope943@gmail.com

ABSTRACT

This article discusses the importance of synonyms in Uzbek legal terminology. It is clearly known the problem of synonyms is one of the main difficult ones for the English language learners. Misunderstanding the true meaning of synonyms can cause not only undermine the accuracy of speech but also creates inaccuracies in punishing in law sources. In order to achieve the accuracy of the speech, it is necessary to use the appropriate terms and words that are combined expressive words from the lexical layer of our language, which is rich in different forms to understand the meaning of the words.

Keywords: absolute synonyms, synonymy, syntactic synonyms, law sources.

When talking about the prospects of Uzbek legal terms, it is worthwhile to focus on the problems of synonymy of legal terms. For the reason that, as in the terms of all languages, the phenomenon of synonymy is more common in the Uzbek national legal terms, it is impossible to achieve high quality of laws without solving this problem. As noted in the scientific literature, the occurrence of the same object or event in existence under different names is a synonymous phenomenon. For example, the words in Uzbek kasal, hasta, bemor, betob have the same meaning that a person has an illness.

In linguistics, synonymy is a positive phenomenon, and if it is considered as the most important factor indicating the richness of the language, it is a negative phenomenon in terminology. This is as stated in most scientific works: "Synonymy is the beauty and charm of every language. It provides the elegance and diversity of our speech. However, each language has such a unique layer that this is exactly the case. This is considered as a terminology system of the language"1. Legal English has been subject to a more consistent investigation and research for a long time.

Therefore, in all pamphlets and articles on legal terms, it is emphasized that the phenomenon of synonymy in legal terms is not allowed, which is the most important requirement for legal terms. The most important feature that distinguishes a legal term from a word is that a specific legal concept is referred to by only one name. That is, in mathematical language, "a concept must always be equal to a name." Otherwise, if a concept is expressed in more than one word, it is a phenomenon that contradicts the terminological nature of the term.

1 Principles of regulation of scientific and technical terminology of the Uzbek language.- T.: Science, 1991. - p 6.

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As Russian scientist VM Savitsky writes about the consequences of the phenomenon of synonymy in social life in terms: "Giving a concept by different language means not only makes it difficult to understand the concept, but also leads to bad consequences in social life. A person who enforces or enforces a law comes to the conclusion that the law is infallible, given the high prestige of the legislature. If he sees a legal concept in the law in different forms, he will interpret the law differently and act accordingly. He does not even think about the need to act differently in such cases. This is a challenge not only for law enforcers, but also for legal scholars, who spend a lot of time and effort trying to read the meaning in the text.

"5

Jackson&Ze Amvela distinguish between strict and loose synonymy (the latter covering Cruse's cognitive synonyms and plesionyms) pointing out that the former is uneconomical because it creates unnecessary redundancy in a language. Lobner4 speaks about total and partial synonyms, the former having all meaning parts identical (descriptive, social and expressive meaning), the latter sharing just some and to a various extent.

Our observations on Uzbek legal terms show that the phenomenon of synonymy is very common in legal terms. Here are some of them as proof of our point. In today's legal language, the term показание in Russian is now used in the form of a demonstration in the law. In addition, the term is found in various documents and scientific publications on the subject of law in the form of instructions, exhibitions, and exhibitions. Lawyers A. Saidov and G. Ahmedov wrote about the introduction of this term in our legal language: "

In general understanding what is "legal" about the language of law is usually confined to legal vocabulary, sometimes referred to as "technical words" although terminology as part of vocabulary in legal texts creates no more than one third of the narrative of any legal text and its quantity varies in different text-types as suggested in our earlier research5 .

In 1959-1960, terms such as показание (testimony), дознание (inquiry), and распорядительное заседание (deliberation) were introduced by F. Bakirov in the criminal procedure law, have not been used for many years. For example, the word ko^rsatuv is used by one hundred investigators or a judge. Therefore, going back to the previous experience, it is probably correct to use this word in Uzbek language as ko'rsatuv, ko'rsatma, ko'rgazma, ko'rgazuv, guvohlik, so'roq. In the 1993 Dictionary

2 Savitskiy V.M. The language of procedural law. - Moscow, 1998.- p 30-35.

3 Jackson, Howard, Amvela, Etienne Ze. 2007. Words, Meaning and Vocabulary. An Introduction to Modern English Lexicology. London, New York: Continuum.

4 Löbner, Sebastian. 2002. Understanding Semantics. London: Arnold, Hodder Headline Group.

5 Chroma, Marta. 2008. "Translating terminology in arbitration discourse." In: Legal Discourse Across Cultures and Systems, edited by Bhatia, V., Candlin, Ch., Engberg, J., 309-327. Hong Kong: Hong Kong University Press

of Legal Terms and Phrases6, the term is also used in the form of ko 'rsatuv, guvohlik, so 'roq berish.

It should be noted here that the synonymy of legal terms is very common, and many of our terms have several forms of their own. We have tried to express some of these terms in the following table:

THE RUSSIAN NAME OF THE FORMS OF THE TERM IN THE

TERM UZBEK LEGAL LANGUAGE

Потерпевший жабрланувчи

(victim) жабрдийда

уголовное дело жиноят иши

(criminal case) жиноий иш

подозреваемый гумон килинувчи,

(suspected) гумондор,

гумонланувчи,

шубха остига олинган шахс

обороноспособность мудофаа кудрати,

(defenses) мудофаа кобилияти,

мудофаа салохияти

охрана куриклаш,

(security) мухофаза этиш,

химоя килиш

административное принуждение маъмурий мажбурлов

(administrative coercion) маъмурий мажбурлаш,

маъмурий мажбур этиш

Исполнитель ижро этувчи,

(executor) бажарувчи,

ижрочи

Умышленно билиб туриб,

(Deliberately) била туриб,

билган холда,

касддан

исполнительная власть ижро хокимияти,

(executive branch) ижро этиш хокимияти,

ижро этувчи хокимият,

ижроия хокимияти

возобновление тиклаш

(resumption) кайта тиклаш

6 Давлат тили: муаммолар ва ечимлар. - 67-б.

уголовное судопроизводство жиноят-судлов ишлари

(criminal proceedings) жиноий-судлов ишлари

Vocabulary used in law can be classified from different perspectives. Mellinkoff7 groups the vocabulary into eight categories (common words with uncommon meanings /prayer as a form of pleading/, Old English and Middle English words /witnesseth/, Latin words and phrases /lex fori/, words of Old French and Anglo-Norman origin /plaintiff/, terms of arts /fee simple/, argot /taking the fifth/, formal phrases /approach the bench/, and lexical units with flexible meanings /reasonable/).

Sometimes one of the absolute synonyms is specialized in its usage and we get stylistic synonyms, e.g. «to begin»/ native/, «to commence» /borrowing/. Here the French word is specialized. In some cases the native word is specialized, e.g. «welkin» /bookish/, «sky» /neutral/.

Stylistic synonyms can also appear by means of abbreviation. In most cases the abbreviated form belongs to the colloquial style, and the full form to the neutral style, e.g. «examination', «exam».

Among stylistic synonyms we can point out a special group of words which are called euphemisms. These are words used to substitute some unpleasant or offensive words, e.g. «the late» instead of «dead», «to perspire» instead of «to sweat» etc.

There are also phraselogical synonyms, these words are identical in their meanings and styles but different in their combining with other words in the sentence, e.g. «to be late for a lecture» but «to miss the train», «to visit museums» but «to attend lectures» etc.

In each group of synonyms there is a word with the most general meaning, which can substitute any word in the group, e.g. «piece» is the synonymic dominant in the group «slice», «lump», «morsel». The verb « to look at» is the synonymic dominant in the group «to stare», «to glance», «to peep». The adjective «red' is the synonymic dominant in the group «purple», «scarlet», «crimson».

A dictionary of synonyms or thesaurus may be a useful reference source for translating general or literary texts. The meaning of a legal term, whether mononymous or multiverbal, monosemous or polysemous, unique or member of a synonymical string, is context-dependent; its identification depends on the translator's knowledge of source law, and the choice of its equivalent in the target language is fully dependent upon the translator's knowledge of target law. In other words, translator's bijural literacy is a decisive factor in his competent use of legal synonyms and correct identification of polysemous terms.

Although translation of a legal text is a multifarious process and interpretation of the source text naturally spans all levels of the text construction and its contexts, the

7 Mellinkoff, David. 1963. The Language of the Law. Eugene, OR: Resource Publications, (reprint 2004).

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crucial issue for any translator is to identify what lexical units in the text are legal terms designating special legal concepts, what lexical units express the formality of the text and not necessarily its legal substance and what lexical units belong to the general language thus not commonly susceptible to mistaken interpretation.

It seems that the situation of synonymy in Uzbek legal terms is very common. The main reason for this is, firstly, that Uzbek legal terms were ignored for many years during the Soviet era, and secondly, most laws are now drafted in Russian and then translated into Uzbek. In particular, another specialist-translator, unaware of legal knowledge and legal terms, uses words that express similar meanings, rather than terms adopted in the legal language, in the expression of a particular legal norm. As a result, such words became part of the text of the law, leading to an increase in the phenomenon of synonymy in legal terms.

Therefore, in order to eliminate the situation of synonymy in legal terms, it is necessary to conduct special research in this area, focusing on the study of all legal terms in legal language in terms of form and content, the development of their uniform forms and their stabilization in practice. This is one of the most important tasks for Uzbek lawyers and linguists.

REFERENCES

1. Principles of regulation of scientific and technical terminology of the Uzbek language.- Т.: Science, 1991. - p 6.

2. Savitskiy V.M. The language of procedural law. - Moscow, 1998.- p 30-35.

3. Jackson, Howard, Amvela, Etienne Ze. 2007. Words, Meaning and Vocabulary. An Introduction to Modern English Lexicology. London, New York: Continuum.

4. Lobner, Sebastian. 2002. Understanding Semantics. London: Arnold, Hodder Headline Group.

5. Chroma, Marta. 2008. "Translating terminology in arbitration discourse." In: Legal Discourse across Cultures and Systems, edited by Bhatia, V., Candlin, Ch., Engberg, J., 309-327. Hong Kong: Hong Kong University Press

6. Давлат тили: муаммолар ва ечимлар. - 67-б.

7. Mellinkoff, David. 1963. The Language of the Law. Eugene, OR: Resource Publications, (reprint 2004).

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