Latin legal terminology in national jurisprudence: modern trends in the application of ancient concepts

The article is devoted to the study of the application of Latin legal terminology in Ukrainian jurisprudence. At the outset of the article, the author emphasizes on the correlation of Latin terminology with Roman law, as well as the significance of the reception of Roman law for the further preservation of Latinisms. Particular focus is given to the retrospective analysis of the incorporation of Latinisms into the Ukrainian language. The first trend highlighted by the author is the etymology of Latinisms in court decisions; the second is the Latinisation of legal terms in court decisions. The application of Latinisms in national and foreign scientific research is considered from the angles of (1) being conditioned by practical needs, (2) the element of citing normative provisions, (3) a way of preserving tradition, and (4) a stylistic tool. The article lists a large number of Roman legal terms that are actively applied by Ukrainian judges. At the same time, the author claims that not all Latin terms applied in jurisprudence are related to the sources of Roman law: firstly, some Latinisms date back to the Middle Ages, as well as the New and even Modern times; secondly, individual Latinisms express legal phenomena (principles, doctrines) that originally belonged to the Anglo-American legal tradition. At the same time, the Latin legal terminology applied in court decisions is very diverse and covers a number of legal phenomena. Particular attention is paid to the application in judicial practice of legal doctrines of different origins – Roman law (favor contractus, fraus creditorum) and common law (obiter dictum, per incuriam, ratio decidendi). In addition, the author calls the application of Latin language clichés in court decisions one of the distinct trends in Ukrainian jurisprudence, which can contribute to the accuracy of the presentation, brevity and comprehensibility of the text, as well as the standardisation of the language of law. The author summarises that the application of Latin legal terms by national courts is an absolutely logical process, which indicates the further integration of national jurisprudence into global processes and trends occurring in world jurisprudence.