Concerning Criminalistic Diagnostic Complexes in Forensic Linguistic Expertise

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.

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Publication Details

Journal
Legal Linguistics
Published
2024-12-27
DOI
https://doi.org/10.14258/leglin(2024)3408
Primary Topic
Discourse Analysis and Cultural Communication
Type
article
Field-Weighted Citation Impact
0.00
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article

Concerning Criminalistic Diagnostic Complexes in Forensic Linguistic Expertise

Konstantin Brinev, Mariya Kulikova
Legal Linguistics
Discourse Analysis and Cultural Communication
article

Concerning Criminalistic Diagnostic Complexes in Forensic Linguistic Expertise

Konstantin Brinev, Mariya Kulikova
article en

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.

Legal Linguistics(34 (45))
Openalex Percentile: Top 52%
Discourse Analysis and Cultural Communication
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