Analysis of Spanish Constitution Articles 18 & 19
Legal Analysis of Spanish Constitution Articles 18 & 19
Legal:
We are examining a legal text that presents certain laws objectively, which must be followed by all Spanish citizens. Specifically, we are dealing with Articles 18 and 19 of the Spanish Constitution.
The text takes the form of a legal article disseminated through a publication, justifying the impersonal language and consideration for all Spanish citizens. The primary functions of the text are representative and appellate.
The author of the text, in this case anonymous (drafted by a group of politicians), uses the following techniques of expression:
- Exhibition: Presenting a linear law intended to legislate Spanish society.
- Objective Description: Ensuring the reader clearly understands the law.
- Limitation: Enumerating a series of laws that comprise the Spanish Constitution.
The text exhibits the following features:
- a) With no author, the exposition of law serves an impersonal purpose (‘The warrant’).
- b) This is a legislative text (enactment of laws).
- c) The text’s management is logical and progressive, but individually. Management occurs in chapters (acts).
- d) There is greater objectivity than in scientific texts. These laws must be complied with.
- e) The essential features of language serve these characteristics: objectivity, clarity, and accuracy.
The coherence of the speech is crucial, stemming from the enumerative and descriptive nature of the laws. Each law, outside the general context, possesses its own internal unity, making it independent of others. This forms a cumulative process of rules governing society.
Regarding adequacy, the issuer is the legislature, which must deliver a clear, objective, and understandable speech to people from all sociolinguistic backgrounds. The receiver is a Spanish national, who must abide by the laws enacted, including those within the Spanish Constitution.
The channel used for transmission is written form (the constitution is printed in paper books and available on computers), allowing for rereading and better understanding of the instructions.
Morphosyntactic Level
From a morphosyntactic level, numerous language resources reinforce the specialized legal text.
The use of words often implies a future imperative (‘The Act limited’). The timeless present (‘guarantees’) is also common, within the passive voice, and with impersonal value (‘may be’). The continuous presence of verb clauses ‘may be’ is also notable.
-There is a tendency to place the pronoun ‘you’ after the verb (‘may be’).
-Ellipsis of sentence elements (subject, links, verbs, etc.) is common.
-The adjectives used are objective and descriptive, predominantly specifying ‘personal and family’, ‘judicial’, ‘gross’, ‘national’, ‘political or ideological’.
-Use of determiners ‘no’, “el, la, los ….”
-Long periods and complex syntax (using substantive and procedural subordination) are used to clarify any detail.
Lexical-Semantic View
From a lexical-semantic view, the vocabulary is rich and broad, full of archaisms and Latino heritage from Roman law. This includes precision and uniqueness of terms and jargon (‘right to honor’) and specialized technical terms (‘flagrante delicto’).
Ultimately, we are faced with a text that presents the characteristics of legal discourse (impersonality, objectivity, specific vocabulary…) aimed at any citizen who cares to read it.