Conflictual functioning of Russian proper nouns (legal linguistic aspect)

The article considers the conflict potential of proper nouns (anthroponyms) with deterministic antinomy as their inherent linguistic property. The first part of the article deals with the potential for conflict of proper nouns (PN). The author gives linguistic and extralinguistic factors that cause PN high potential for conflict. Main linguistic factors that determine the occurrence of conflicts in the functioning of PN is realization of antinomies synchronic - diachronic, systemic - non-systemic, internal - external, formal - semantic, frequent - single, universal - individual, objective - subjective. The material for analysis is the units of PN functioning, chosen on the basis of the following criteria: PN (anthroponyms), conflictual name, legal status, participation in the legal sphere, possibility of entering the legal field. As a result of the analysis the following types of the linguistic-legal conflicts connected with PN were allocated: 1) naming a child, 2) correcting a name, 3) changing a name, 4) protecting the good name, 5) name as a trademark, 6) appropriation of a name 7) name as private data, 8) translating a name, 9) replacing a name with other means of identification, 10) a name and copyright. In the second part of the article the analysis of these types of conflicts is presented. PN linguistic properties determining the conflicts of each type are described; the mechanisms of regulation of conflicts - linguistic, moral-ethical and legal - are analysed. The interrelation is established of linguistic phenomena and the extra-linguistic reality: the regulatory and legal acts and regulations governing PN functioning, and correlation of regulatory legal acts regulating PN legal relationships with PN linguistic features are considered. On the basis of the data the conclusion that PN characteristics caused by laws of language with extra-linguistic factors predetermine directions of their occurrence in the legal sphere, which is finally projected on laws (non-legal - moral-ethical and legal, regulatory legal acts). Thus, the language phenomena serve as preconditions of occurrence of public relations and laws regulating the corresponding relations

Keywords

Authors

References