THE LEGAL DISCURSIVE COMMUNITY AND TEXTUAL GENRES

Abstract

Human communication is organized into different forms of interaction and textual production, especially in specific social and professional contexts, where it takes shape shaped by objectives, interests, and discursive practices shared by a group, forming a discursive community. This article's general objective is to demonstrate that the legal community can be considered a discursive community, based on theoretical assumptions. To this end, we sought to understand textual genres in their dynamic and socio-rhetorical dimension, conceptualize discursive community, and recognize distinctive characteristics of legal language. The methodology used was a qualitative approach, with bibliographic analysis, as per Gil (2003). Textual genres are historical and socio-discursive phenomena, dynamic and adaptable to social transformations, reflecting the inexhaustible variety of human activity. Understanding these genres requires knowledge of the discursive community in which they are created and used, with communicative purpose being a key criterion for their identification. Legal language, a form of communication used by legal professionals, stands out for its formality, precision, and technical complexity, seeking to standardize and regulate social relations. Despite criticism of its complexity, there is a modern trend toward clarity and conciseness. An analysis of Swales's (1990) requirements for a discursive community revealed that the legal community fully meets them. Therefore, it can be concluded that the legal community qualifies as a discursive community, given the complexity of its communication system and the role of language and genres in the construction of legal knowledge.