JĘZYK PRAWNY W ŚWIETLE LINGWISTYCZNEJ TEORII REJESTRU JĘZYKOWEGO
LEGAL LANGUAGE IN LINGUISTICS THEORY OF LANGUAGE REGISTER

Summary/Abstract: Article deals with a problem of linguistic status of legal language. There are presented theories of language raised on the field of linguistic theory such as a classical concept of the langue formulated by Ferdinand de Saussure and Noam Chomsky’s concept of competence. From the both of these theories’ point of view, not excluding a new N. Chomsky’s theory of the universal grammar, legal language can not be considered as a language on the ground of theory of linguistics. Traditional understanding of language anyhow is now the point of critical analysis performed by representatives of social linguistics such as, for example, Deryl Hymes. In their opinions a traditional idea of language competence should be replaced by wider notion of communication competence which includes so-called pragmatic competence which is the knowledge of a language user about this how to use competence according to the situation. Such an attitude allows us to discuss a problem of linguistic status of legal language once more. More specific analysis of legal language from the point of a theory of language register created by M.A.K. Halliday is presented. Results of recent statistical research of Polish legal language (performed by A. Malinowski) allow us to conclude that lexical attributes of legal language are different than such attributes of Polish common language. In consequence, it leads to the conclusion that legal language is a register of language, which can be separated on the ground of the field of discourse, despite of this which understanding (stronger or weaker) of register we take in to the consideration. Last part of the article is devoted to the analysis of the conditions under which legal language can be considered as a language on the ground of theory of linguistics. In conclusion it is stated that it can be accepted only if we treat the register as something which lays in the sphere of competence. Anyhow, this idea is up to now not completely approved in the theory of linguistic.

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