Insult and Humiliation as Language and Law Phenomena

The differences between legal and shared understanding of insult and humiliation are discussed. Legislator defines “insult” as a type of humiliation expressed in an indecent form, which assumes that humiliation is a generic category (more general) and insult is a specific category (a case of the gen...

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Main Authors: A. N. Baranov, L. A. Erokhina
Format: Article
Language:Russian
Published: Ministry of Justice of the Russian Federation, Russian Federal Centre of Forensic Science 2020-04-01
Series:Теория и практика судебной экспертизы
Subjects:
Online Access:https://www.tipse.ru/jour/article/view/566
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author A. N. Baranov
L. A. Erokhina
author_facet A. N. Baranov
L. A. Erokhina
author_sort A. N. Baranov
collection DOAJ
description The differences between legal and shared understanding of insult and humiliation are discussed. Legislator defines “insult” as a type of humiliation expressed in an indecent form, which assumes that humiliation is a generic category (more general) and insult is a specific category (a case of the generic category). Albeit, there is no definition for “humiliation” in the law. It is shown that in the Russian literary language the meanings of the words “insult” and “humiliation” do not come down to genus-species relation, which in some cases results in legal collisions. The article provides of collocations for the words “insult” and “humiliation” (as well as the corresponding verbs and other forms of the same family of words) given, pointing at essential semantic differences between them, which makes it impossible to consider these forms as implementation of genus-species relation. In particular, the agential contexts, reflexive’s contexts, of verbal and non-verbal action, of verbal action effect and other. It is shown that the concept of social status, which is often associated with the category of “humiliation” in scientific works, in fact, is not a necessary feature of humiliation acts. The judicial practice on cases of insult, which is under the apparent impact of the difference between legal and shared understanding of the words and conceptual categories in question, is given.
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spelling doaj.art-785beb8e635c4cbcbafd6175f0b02a812025-03-02T10:53:25ZrusMinistry of Justice of the Russian Federation, Russian Federal Centre of Forensic ScienceТеория и практика судебной экспертизы1819-27852587-72752020-04-01151202810.30764/1819-2785-2020-1-20-28505Insult and Humiliation as Language and Law PhenomenaA. N. Baranov0L. A. Erokhina1Vinogradov Russian Language Institute of the Russian Academy of Sciences (Vinogradov Institute)Vinogradov Russian Language Institute of the Russian Academy of Sciences (Vinogradov Institute)The differences between legal and shared understanding of insult and humiliation are discussed. Legislator defines “insult” as a type of humiliation expressed in an indecent form, which assumes that humiliation is a generic category (more general) and insult is a specific category (a case of the generic category). Albeit, there is no definition for “humiliation” in the law. It is shown that in the Russian literary language the meanings of the words “insult” and “humiliation” do not come down to genus-species relation, which in some cases results in legal collisions. The article provides of collocations for the words “insult” and “humiliation” (as well as the corresponding verbs and other forms of the same family of words) given, pointing at essential semantic differences between them, which makes it impossible to consider these forms as implementation of genus-species relation. In particular, the agential contexts, reflexive’s contexts, of verbal and non-verbal action, of verbal action effect and other. It is shown that the concept of social status, which is often associated with the category of “humiliation” in scientific works, in fact, is not a necessary feature of humiliation acts. The judicial practice on cases of insult, which is under the apparent impact of the difference between legal and shared understanding of the words and conceptual categories in question, is given.https://www.tipse.ru/jour/article/view/566humiliationinsultforensic linguistic analysis
spellingShingle A. N. Baranov
L. A. Erokhina
Insult and Humiliation as Language and Law Phenomena
Теория и практика судебной экспертизы
humiliation
insult
forensic linguistic analysis
title Insult and Humiliation as Language and Law Phenomena
title_full Insult and Humiliation as Language and Law Phenomena
title_fullStr Insult and Humiliation as Language and Law Phenomena
title_full_unstemmed Insult and Humiliation as Language and Law Phenomena
title_short Insult and Humiliation as Language and Law Phenomena
title_sort insult and humiliation as language and law phenomena
topic humiliation
insult
forensic linguistic analysis
url https://www.tipse.ru/jour/article/view/566
work_keys_str_mv AT anbaranov insultandhumiliationaslanguageandlawphenomena
AT laerokhina insultandhumiliationaslanguageandlawphenomena