Professional foreign language discourse in the legal sphere in the context of intercultural communication

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Professional foreign language discourse in the legal sphere in the context of intercultural communication

Анастасія Клець, здобувач вищої освіти ІІ курсу; Тетяна Пакулова, доцент Дніпропетровський державний університет внутрішніх справ

Professional intercultural communicative competence of a personality is systemic and central to the resources of professional competence, as it organically complements the formation of all other competencies in personal development, which are not only the goal but also an effective means of personal development in the education system.

The problem of developing professional communication competence is particularly acute when organizing the education of law students, for whom successful intercultural communication is one of the main indicators of professionalism. In the legal sphere, professional intercultural communication is defined as the most important component of a lawyer's activity, which determines the overall level of his or her professional competence and directly affects the effectiveness in solving professional problems.

As part of the training and development of professional intercultural communication competence of law students, it is important to create a teaching and research model of educational technology and its implementation, which allows, first of all, to fully realize the principle of innovation; secondly, it would meet all modern requirements for the practical training of specialists in the field of law; thirdly, it would take into account the multilingual learning environment that is common in the modern educational space. [1, с. 98-101].

In order to achieve productive intercultural communication based on the consideration of their linguistic and psychological characteristics, a linguistic personality must have intercultural competence. This is a special ability. It is not the same as the communicative competence of a native speaker and can only be characteristic of an intercultural communicator - a linguistic personality who has mastered both the peculiarities of different cultures and the peculiarities of their (cultures') interaction while studying languages. Intercultural competence is an ability that allows a linguistic individual to go beyond his/her own culture and acquire the qualities of a cultural mediator without losing his/her cultural identity [2, p. 47-56].

Intercultural competence has a complex structure and is closely related to communicative competence in a foreign language. The formation of intercultural competence takes place not only in the field of intellectual cognition, but also affects mental and emotional processes. This condition determines the integrated nature of tasks aimed at teaching and developing this type of competence. The effectiveness of tasks, in turn, is ensured by the application of specific principles of their creation and selection, which take into account both the peculiarities of the phenomenon of culture and the peculiarities of the phenomenon of intercultural communication. Therefore, it can be assumed that intercultural communication of Ukrainian culture speakers in a foreign language better meets the requirements and needs of the current stage of social development if it is regulated by the intercultural competence of individuals.

The phenomenon of intercultural communication is fundamentally different from communication at the level of individuals and social groups belonging to the same cultural community, and its models should be taken into account in the process of learning foreign languages.

Thus, the effective formation of intercultural competence in the process of teaching a foreign language is ensured by didactic methods that take into account the specifics of this type of competence, as well as the peculiarities of its structure and specific principles of its formation.

The process of forming intercultural competence should be carried out taking into account the fact that for a foreign language learner it correlates with his/her communicative competence, introducing an intercultural dimension into its aspects, but at the same time having its own components that are part of communicative competence.

For many years, the realization of professional speech at the faculties of non-linguistic specialties of higher education institutions was carried out through texts and was reduced to various types of reading, as a result of which it was possible to master a certain vocabulary of professional speech. "The formation of intercultural communication is a priority area of language education at the present stage. At the same time, the role of linguistic competence is developing as an important element of communicative competence, which consists in knowledge of different types of speech and rules of speech, their construction, as well as the ability to create and understand them taking into account the communicative situation" (O.V. Artyukhova) [3]. The famous linguist T.A. Van Dyke gives the following definition of speech: "Speech is a communicative event that takes place between a speaker, a listener (observer, etc.) in the process of communicative action in a certain time, space and other context.

This communicative action can be oral, written, and have verbal and nonverbal components. This is a complex communicative phenomenon that also contains a social context that gives an idea of both the participants in communication and the process of reproduction and perception of the message" [4, p. 113]. "Discourse" as a complex communicative phenomenon includes not only the text, but also the recipient's knowledge of the world, thoughts, attitudes, goals, i.e., extralinguistic factors necessary for understanding the text [Van Dijk, 2015, p. . 127] is characterized by the content of "the social context, a specific communicative situation that gives an idea of the participants in communication, representatives of different cultures, the peculiarities of their communicative intentions, as well as the processes of reproduction and perception of the message expressed through linguistic and non-linguistic languages adequate to the situation" [Elukhina, 2002, p. 13].

Legal speech is one of the special types of speech. Each speech community forms its own legal speech, the peculiarities of which are determined by the historical development of a particular state and the peculiarities of the legal system adopted in it. It is a dynamic legal text in the process of interpretation and clarification. Its main components are terminology and textual principles used in the field of jurisprudence and related to various genres of legal discourse. With regard to legal discourse in English, it can be stated that it includes many genres and has its own terminological system, which is rooted in the Anglo-Saxon, Latin and French Norman traditions. This is mainly reflected in the English common law system, which is used in most English-speaking countries.

The legal concepts of the common law and the Romano-Germanic countries, on which the Ukrainian legal system is based, do not always coincide, which causes one of the main difficulties in teaching legal discourse in English, as this discrepancy makes it impossible to achieve full equivalence of legal terms and concepts in English and Ukrainian and indicates the main role of interpretation in the translation of legal terms. The divergence of the basic concepts and terminology of the main legal systems allows us to conclude that the lexical component of this type of professional discourse is the most difficult, especially when it comes to teaching career guidance discourse in the legal field, which involves familiarizing students with the speech of the countries of the target language and their terminology. Despite the fact that the basis of any terminological system (including legal) is a framework scheme, when legal terms can be organized into different subject areas, which facilitates learning when teaching legal discourse in English, the complexity of the legal discourse terminology system in English necessitates the development of strategies and tools to facilitate its acquisition.

In addition, it is necessary to introduce explanations of terms through their cognitive-linguistic models into the learning process. The linguistic and cognitive model is the conceptual basis of the term's semantics, which makes it possible to establish the "semantic center" of the designation and to predict the process and limits of variability of the term's semantics in the context. The reference to the cognitive-linguistic model is all the more important since the true properties of terms are revealed only in the process of their functioning, i.e. in specialized and non- specialized legal discourse.

intercultural communication lawyer competence

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