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Tarja Salmi-Tolonen, "The Linguistic
Manifestations of Primary and Secondary Functions of Law in the National
And Supranational Contexts", International Journal for the Semiotics
of Law Vol.VII no.19 [1994], 19-39: It is the close interaction between
language of the law and society that makes law language particularly interesting
as an object of study. English, perhaps for the first time in our era, is
now a co-equal at the European Community and other supranational organisations.
This closer contact with other languages probably means that English is,
though perhaps to a lesser extent than some of the other languages involved,
undergoing some changes. Whether these changes are already visible at some
level in a restricted sublanguage, legal language, is my primary interest
here. This paper reports on an attempt to see how the primary and secondary
functions of law manifest themselves through language (English in this case)
in two different contexts: the cooperative and harmonizing (the European
Communities/European Union) and the directive and rights conferring (the
national). By the primary functions of law I mean power conferring
and duty imposing rules (Hart 1961) and by the secondary: conditional,
purposive/final and procedural (Willke 1985). The national
law corpus studied consists of two Parliamentary Acts and the EEC corpus
basically primary law texts. The texts have been chosen from the domain
of social policy, equality, in particular. A study of limited corpora can
only show tendencies, even at its best. However, the study shows that there
is a difference in the variety of linguistic means used for expressing the
primary and secondary functions of law in the two corpora. Author's address:
University of Tampere, Department of Translation Studies, P.O. Box 607,
SF-33100 Tampere, Finland; email: trtasa@uta.fi
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