LEXICAL AND STYLISTIC FEATURES OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE ASPECT OF JUDICIAL DISCOURSE

Abstract

The purpose of the article is to present the results of the study of lexical and stylistic features of English-version court judgments of the European Court of Human Rights in the aspect of judicial discourse. The key task is to determine the level of influence of the revealed lexical and stylistic features on the quality of the legal document and the successful achievement of socially significant communicative goals.

Methods. To achieve this purpose, the authors use general scientific and special linguistic methods of research: the method of generalization, stylistic observation and analysis, and the method of critical discourse analysis.

Results. Based on the analysis of the professional literature, the authors identify the main functional and stylistic characteristics of judicial discourse and inquire into the methods they are implemented in the texts of judgments of the European Court of Human Rights at the lexical level. It is established that the use of terminological vocabulary, in particular of conventional terms, avoids ambiguity and vagueness of statements and promotes the formation of common European standards in the field of human rights. The peculiarities of the use of archaisms in the texts of court judgments and the validity of the use of Latin inclusions are analyzed. It is stated that the court judgment is characterized by clichés and consequently, this peculiarity facilitates accurate and logical presentation of information. It is proved that the judicial discourse, like any other linguistic object dependent on the social environment, strives to maintain a balanced state. On the one hand, it attempts to get rid of obsolete linguistic units that are no longer perceived as necessary by society and to turn to new simplified forms of expression that will be more readily understood by litigants and ordinary citizens. On the other hand, one can observe distinct efforts to preserve certain linguistic features that add the peculiarities inherent only in this type of language to the judicial discourse.

Conclusions. The aforementioned lexical and stylistic features of ECHR judgments are conditioned by the functions which the texts perform in the specific act of linguistic communication in the field of justice. The lexical content of the text directly affects the quality of the court document and accordingly, the respect for the law.