Year: 2024
Type: article
Abstract: The authors consider the existing concepts of diagnostic complexes in linguistic expertise and come to the conclusion that such diagnostic complexes are of a criterion-evaluative nature, and examinations conducted according to them are reduced to making legal evaluations, rather than establishing facts, which is the purpose of forensic examination (both in procedural and research aspects). The article raises the problem of the reasonableness and correctness of the use of criminalistic theories in linguistic expertise. It was established that there is a contradiction between diagnostic complexes in linguistic expertise and the theory of criminalistic diagnostics. The latter is founded on the scientific principle of obtaining knowledge about some facts using knowledge about other facts. In the authors' opinion, expert diagnostics in linguistic expertise should be based rather on knowledge about the facts and phenomena of reality described in linguistic theories, rather than on evaluation criteria. The authors present argument to the thesis that methods founded on linguistic theories should be developed, rather than those founded on interpreting linguistic facts in the light of legal norms.
Source: Legal Linguistics
Authors: Konstantin Brinev, Mariya Kulikova
Institutions: Henan University, Lomonosov Moscow State University
Language: English
Subfield: Artificial Intelligence
Field: Computer Science
Domain: Physical Sciences
Open Access status: diamond
OpenAlex ID: W4409356072