VSE knjižnice (vzajemna bibliografsko-kataložna baza podatkov COBIB.SI)
  • Slovenska pravna terminologija pred dobo modernih kodifikacij in spremembe v 19. stoletju : študija izbranih starih pravnih poimenovanj za upniško-dolžniško razmerje
    Škrubej, Katja, 1971-
    In the study, I delve into the development of the Slovene vernacular legal terminology until the era of the modern continental law codes with intent to analyse the scale of its transformation ... effected by the codification process itself. The latter embraced tenets of the school of the rationalistic natural law modelled after the natural sciences with the concept of "system" being the most notable import. It postulated that the law codes were to be construed as all-encompassing and innerly coherent edifices of the legal subject matter, comprehensible to an average citizen but at the same time short and easy to use. In his Commentary to the Austrian Civil Law code (ABGB; ODZ in Slovene), Franz von Zeiller, his last redacteur, spoke vividly and convincingly of this extremely difficult set of requirements that the philosophy of law tasked the lawmakers with and which in his view were practically impossible to appease. The goal that the code be short but all-encompassing called for a conscious effort to construe abstract notions, which in turn required the coining of many new words. However, that meant that these remained necessarily incomprehensible to ordinary citizens, albeit formulated in the vernacular. It was the very thoughtful construction of innerly coherent conceptual grids, which called for a conscious and systematic terminological work across the European continent. In the study, that is best shown by the example of the conscious novel conceptual differentiating between the notions of "commodatum" and "mutuum" (of the received Roman law). Having been accepted by the redacteurs of the continental civil law codes (differently to English Common law), it required serious semantic adaptation of certain select old legal namings (Ger. Leihe, Slov. posodba; Ger. Darleihe, Slov. posojilo) at the expense of relinquishing certain others (Ger. Borg) or by introducing semantic differentiation where previously there was none (Slov. posojilo, posodba or even posodilo). In the study, I argue that it was Zeillerʹs conscious decision not to go too far in introducing too abstract notions in spite of clear enough rupture with legal particularism and pluralism of sources of law of the ancient régime, which enabled the survival of many old legal namings for some of the basic notions of civil law. In German, as well as in other languages that the ABGB was to be translated into from the start, Slovene included, these namings underwent the process of terminologisation through practice in the legal life of many past centuries. In the study, I further examine linguistic mechanisms and conditions that enabled their survival. After having followed the research methods of the circle around Ruth Schmidt Wiegand, along with embracing the semiotic triangle as one my main conceptual tools, I later developed a link to the research on performative (law) and introduced a notion of "performative slovenica". That enabled a clearer insight into the terminologisation processes for the periods not dominated by the written communication. The main body of the present study features the analysis of six groups of word families of key namings for the categories of a basic creditor-debtor relation: posoditi "to lend", dolgovati "to owe", na upanje dati "to accept as a credit", terjati "to claim", porokovati "to stand as surety" and zastaviti "to mortgage". In the analysis, much emphasis is given to the role of the first dictionary of the legal terminology of (South) Slavic languages of the Habsburg monarchy, published in 1853. With its help, in the conclusion, I could show not only which of the select old legal namings survived, but also that that some of them were completely abandoned (e.g. zoprnik "the opposing party in a lawsuit") and that some were very recent constructions (e.g. služnost "easement"; upnik "creditor").
    Vir: Med jasnostjo in nedoločenostjo : pravna terminologija v zgodovini, teoriji in praksi (Str. 25-85, 435-437, 489-490)
    Vrsta gradiva - članek, sestavni del
    Leto - 2019
    Jezik - slovenski
    COBISS.SI-ID - 16680273

Vnos na polico