Problems of discourse on the rules of criminalization and punishment
Abstract
Abstract: The form of legal discourse for the rules of criminalization and punishment, including the conditions and patterns of the language of communication, is the basis between authority and individuals. The discourse is generally linked to the actual use of the language. The purpose of legal discourse is not to inform and inform, as is the case in formats or other rhetorical texts, but rather its purpose is application and procedure, and from here the relationship is formed. There is an investment relationship between law and discourse required by the law’s need for discourse. The law does not gain its value unless it is transformed into an accomplished reality. And a social practice. Perhaps the law is the only discourse that has no value, and its functioning cannot be achieved unless it is actually applied in reality, as it is linked to a set of linguistic constants based on the words and phrases that make up the legislation as it is the only source of the penal rule, It also has two elements as it is essentially a legal rule, which are science and form. The formulation is the practical form of application, and knowledge is the essence of the rule and its content, which is represented by the framework it contains and access to the essence and content of the legal rule. The legal text is a human creation that may suffer from a deficiency or defect in its formulation that prevents it from achieving its goal that it seeks. It was legislated for its sake, and then the drafting defects must be confronted and addressed, and the shortcomings in these texts must be removed in order for them to be clear in their legal wording, and thus confront those who are addressed by them.
In order to cover the subject of the research entitled (Problems of Discourse with the Rules of Criminalization and Punishment), we divided it into two sections: the first: the meaning of the legal discourse, and the second section was devoted to the drafting defects in the legal discourse and their treatments.
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