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Idast l nde: ladina terminid kui iguskultuuri muutuse peegeldajad / From east to west: Latin terms as a reflection of the change in legal culture

Keywords: iguskeel , legal language , terminoloogia , terminology , ladina keel , Latin language , keelekasutus , language usage , keelemuutused , language change

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Abstract:

The article focuses on the usage of Latin terms in legal texts in the Estonian language in the transition period before and after re-establishing Estonian independence on the basis of the journals N ukogude igus (Soviet Law) and Eesti Jurist (Estonian Lawyer). The period under the observation (1985–1994) is characterised by conceptual changes in the Estonian legal order, by radical reforms in legislation, and the legal system in general. The results of the study reveal that socio-political developments have had an impact on terminology and the principles of language usage. In the Soviet era the cultural influences changed, and the western legal tradition was replaced by the Soviet legal system and the dominance of the Russian language. The usage of Latin terminology in the journals N ukogude igus and Eesti Jurist at the end of the Soviet era and in the transition period, explored in the course of the present research, revealed that the number of Latin terms in the abovementioned two periodicals is significantly small. Besides infrequently used professional terms in juridical articles, a number of well-known Latin proverbs and expressions concerning academic affairs were employed. The analysis of the research material revealed that the terminological change and an increase in the usage of Latin terms came together with the transformation of the legal culture and policy at the end of the Soviet era. It is important to note that the quantitative and qualitative changes in language usage did not occur in 1991 – i.e., —the year when Estonia restored her independence. The most significant changes in terminology had begun already in 1989 and 1990, when the readiness to try to become again part of the European legal environment surfaced. The rearrangements in the Estonian legal system compelled the Estonian lawyers to include in their usage of legal language those Latin terms that have become rooted in the legal tradition of Europe.

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