ЗАШТИЋЕНИ ГОВОР КАО НОВИ ГОВОРНИ ЖАНР
PROTECTED SPEECH AS A NEW SPEECH SUBGENRE

Summary/Abstract: The aim of this paper is to present the way in which the positive law forms the author’s speech and points to the possibility of the untypical creation of a new speech genre or subgenre. The research of interaction between normative and speech is limited herein to the analysis of the Courts interpretations of permissible speech. This method defines qualifying elements of authorial speech, which include content, the terminology used, and the context in which the statements were made. The specific feature of the permissible speech is threefold. Namely, in addition to (1) the building elements that amount protected speech which are distinctive as compared to that of other genres and subgenres, the specificity of this subgenre is also in (2) the appearance of a specific interaction between the state as an object of speech and its tendency to limit speech, as well as the involvement of legal instruments for protection of the freedom of speech, and (3) the methodology of its creation which is specific for the creation or more precisely for the unification of a law, and not for the creation of genre. In addition to these characteristics, the specificity of this subgenre is in the temporal and geographical universality of its significance.Bearing in mind that the methodology of the introduction of compulsory elements of permissible speech is non-linguistic, as well as the fact that artistic forms of ex- pression enjoy wide freedom, the protected or politically correct speech remainedunidentified as a new speech subgenre.

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