Implementing manipulative strategies in legal speech
DOI:
https://doi.org/10.26565/2218-2926-2020-20-01Keywords:
intersection of language and law, legal documents, linguistic manipulation, freedom of expression, violation of human rightsAbstract
The article aims at exploring peculiar linguistic features of Legal English – a variety of thematically oriented language applied in the social domain. The focus is on the interaction of language and law and the linguistic maneuvering achieved by the manipulative strategies applied to the use of language. The investigation is meant to show that linguistic manipulation may stimulate the occurrence of ambiguous expressions and double-speak even in legal documents, violating the basic function of law to communicate the truth and express clear-cut ideas. The research also reveals that the use of manipulative tools aimed to achieve practical ends is directly connected with domination and control over people’s perception and interpretation of objective facts. Of particular interest is the analysis of Turkishness (Turkish nation) in the legal texts of Article 301 of the Penal Code of Turkey (versions of 2005 and 2008) which, in fact is a dangerous challenge for the Turkish society, a real threat meant to endanger the fundamental right of humans to Freedom of Expression. The comparative-contrastive approach to the sources helps to reveal linguistic facts exposing the manipulative strategies implemented in the infamous Article 301 through which the Turkish political authorities try to exert a devious influence on the public and stifle dissenting opinion. The “amendments” introduced in the changed version of 2008 of Article 301 of the Turkish Penal Code had nothing to do with contextual improvements and were, in fact, an attempt to delude the European Union into believing that Turkish authorities had readily accepted its advice to amend the Article. The research establishes that the prevalence of politics over law is disastrous as it obviously leads to a covert resorting of manipulative strategies in legal speech and is meant to satisfy the best interests of those in power.
Downloads
Published
Issue
Section
License
Authors, who publish with this journal, accept the following conditions:
The authors reserve the copyright of their work and transfer to the journal the right of the first publication of this work under the terms of the Creative Commons Attribution License (CC BY), which allows other persons to freely distribute a published work with mandatory reference to the authors of the original work and the first publication of the work in this journal.
Authors have the right to enter into separate additional agreements for the non-exclusive dissemination of the work in the form in which it was published by this journal (for example, to post the work in the electronic institutions' repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is given.
The journal policy allows and encourages the authors to place the manuscripts on the Internet (for example, in the institutions' repositories or on personal websites), both before the presentation of this manuscript to the editorial board and during review procedure, as it contributes to the creation of productive scientific discussion and positively affects the efficiency and dynamics of citing the published work (see The Effect of Open Access).