欧盟法语法

Artur Nowak-Far
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引用次数: 0

摘要

摘要本文探讨了语法在多语言欧盟法律中的重要意义。它试图回答这样的问题:语法是否有利于促进这一规律的统一性,以及就这一功能而言,它如何与实现这种统一性的语义和语用方法(广泛争议但没有争议)相关。为了回答这个问题,本文首先回顾了有助于概念化这一努力的基本概念,其次,提出了分析语法安排的例子,这些例子可以被认为是研究上述贡献问题的代表性。研究发现,欧盟法律(以24种具有同等效力的官方语言表达)依赖于其各自构成语言的多样化语法。在欧盟法律的各个语言版本中使用的语法结构代表了这些语言中可用的较窄的、特定于法律的语法结构形式。其特殊性主要取决于欧盟各成员国的立法传统。不同官方语言产生的欧盟法律句法结构并不代表一种单一的模式,这是因为条款的言外价值产生方式多样化,其中使用了强烈的成语情态动词(情态操作符)甚至特殊的情态结构(不一定包含情态动词)来表达法律规范。它们在特定规则的组合性方面也存在差异,即不同语法结构的灵活性,以产生相同的意思,同时保持其类型/语域信息价值。尽管如此,这些结构在各自的日耳曼语、罗马语和斯拉夫语语族中都有明显的和系统重要的共同特征,欧盟法律主要是在这些语族中复制的。句子结构和欧盟法律条款的相关注册是相同的,欧盟法律文本的各自版本,属于各自的三个语族的语言,为本研究的目的进行了审查。这些共同特征通过制定欧盟法律的概要模式得到加强,该模式规定以各自的欧盟官方语言相互复制的条款在形式上具有相似性。多语言的欧盟立法者也使用赋予法律文本相关寄存器的模式,但其特定的欧盟特征最终通过欧盟文本的语义方面而不仅仅是语法方面体现出来。该体系的统一性通过欧盟具体解释得到了最强有力的实现,其中目的论方法(可被视为在语用层面实现欧盟法律目标和目的的语言手段)至关重要。因此,没有欧盟特定的语法,这将有助于欧盟法律的统一。相反,在语义学和语用学领域实现了统一。欧盟法律(与任何其他类型的法律一样)充分暴露的回指特征可能有助于缩小欧盟法律各自语言版本差异的可能性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Syntax of European Union Law
Abstract The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to contribute to the uniformity of that law and how, with regard to this function, it relates to the (widely disputed yet uncontested) semantic and pragmatic methods of achieving such a uniformity. In order to respond to this question, the article firstly, recalls fundamental concepts which would help conceptualize the endeavour and, secondly, presents examples of analysis of syntax arrangements which can be deemed representative for the study of the said problem of contribution. The study finds that EU law (expressed in 24 official languages which have equal authentic status) relies on diversified syntax of its respective constitutive languages. Syntax structures used in respective language versions of EU law represent narrower, law-specific, form of syntax structures available in these languages. Its specificity is determined mostly by legislative traditions of respective EU member states. Syntactic structures of EU law produced in different official languages do not represent a single pattern because of diversified mode of producing illocutionary value of provisions in which strongly idiomatic modal verbs (modal operators) and even special modal structures (not necessarily containing modal verbs) are used to express legal norms. They also differ when it comes to their law-specific compositionality, i.e. flexibility of different syntax structure to produce the same meaning and, in the same time, to preserve their genre/register informational value. Notwithstanding, these structures have well pronounced and system-significant common features within respective Germanic, Romanic, and Slavic families of languages in which EU law is mostly reproduced. The sentence structure and the relevant register of EU law provisions are the same for respective versions of EU texts of law expressed in the languages belonging to the respective three language families which were examined for the sake of this study. These common features are re-enforced by the synoptic mode of producing EU law which imposes formal resemblance of provisions reproduced in respective EU official languages to each other. The multilingual EU legislator also uses patterns which grant legal text the relevant register, yet its specific EU character ultimately transpires through semantic aspects of EU texts rather than their mere syntax. The unity of the system is achieved most strongly through the EU specific interpretation, where the teleological methods (which can be conceived as a language means to achieve EU law goals and objectives at the pragmatic level) are of utmost importance. Thus, there is no EU-specific syntax which would, as such, contribute to unity of EU law. Instead, unity is achieved in the area of semantics and pragmatics. The well exposed anaphoric character of EU law (as any other type of law) may contribute to narrowing down possibility for differentiation of respective language versions of EU law.
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