Legal Language

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A Legal Language is a domain-specific human language that is used in legal communications.

References

2023

  • (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Legal_English Retrieved:2023-6-3.
    • Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, [1] aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning, and open upgrade. However, Legal English has been referred to as a "sublanguage", [2] as Legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other". [3] The term legalese , on the other hand, is a term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend". [4] This term describes legal writing which may be cluttered, wordy, indirect, and may include unnecessary technical words or phrases.[5] Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation. [6] For this reason, the traditional style of legal writing has been labeled reader-unfriendly.[5] Proponents of plain English/plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".[7] These four Cs describe "characteristics of good legal writing style" in the United States.[7] There are different kinds (genres) of legal writing: for example, academic legal writing as in law journals, juridical legal writing as in court judgments, or legislative legal writing as in laws, regulations, contracts, and treaties. [8] Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.[9] For lawyers operating internationally, communicating with clients and other professionals across cultures requires a need for transnational legal awareness and transcultural linguistic awareness.[9] [10] Whatever the form of legal writing, legal skills and language skills form a vital part of higher education and professional training. [11]

      Legal English has particular relevance when applied to legal writing and the drafting of written material, including:

    • Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, Legal English is now a global phenomenon. It may informally be referred to as lawspeak.
  1. ↑ Wydick, 2005b, p.10.
  2. ↑ Tiersma, 1999.
  3. ↑ Ramsfield, 2005, p.145.
  4. ↑ Oates & Enquist, 2009, p.127.
  5. ↑ 5.0 5.1 Bain Butler, 2013, p.32.
  6. ↑ Oates & Enquist, 2009, p.128.
  7. ↑ 7.0 7.1 Wydick, 2005b, p.3.
  8. ↑ Bhatia, 1993.
  9. ↑ 9.0 9.1 Goddard, 2010.
  10. ↑ Bain Butler, 2015.
  11. ↑ Bain Butler, 2013, p.31.

2023

  • (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Legal_English#Key_features Retrieved:2023-6-3.
    • As noted above, legal English differs greatly from standard English in a number of ways. The most important of these differences are as follows:
      • Use of terms of art. Legal English, in common with the language used by other trades and professions, employs a great deal of technical terminology which is unfamiliar to the layman (e.g. waiver, restraint of trade, restrictive covenant, promissory estoppel). Much of this vocabulary is derived from French and Latin.
      • These terms of art include ordinary words used with special meanings. For example, the familiar term consideration refers, in legal English, to contracts and means an act, forbearance or promise by one party to a contract that constitutes the price for which the promise of the other party is bought (Oxford Dictionary of Law). Other examples are construction, prefer, redemption, furnish, hold, and find.
      • Lack of punctuation. One aspect of archaic legal drafting, particularly in conveyances and deeds, is the conspicuous absence of punctuation. In England, the practice of avoiding punctuation arose from the perception that the meaning of legal documents should be contained only in the words used and that punctuation created ambiguity. Another reason was the concern that punctuation could be added undetectably to a document after it came into effect and so alter its meaning. Therefore, the presence of punctuation could be used to detect any tampering with the original document. Punctuation is more commonly used in modern legal drafting to clarify the meaning of any particular sentence. * Use of doublets and triplets. The mix of languages used in early legalese led to the tendency in legal English to string together two or three words to convey a single legal concept. Examples are null and void, fit and proper, (due) care and attention, perform and discharge, terms and conditions, controversy or claim, promise, agree and covenant and cease and desist. While originally being done to help all lawyers regardless of the language they spoke (English, French, or Latin), it now often joins words with identical meanings. * Unusual word order. There is a noticeable difference in the word order used compared to standard English. For example, the provisions for termination hereinafter appearing or will at the cost of the borrower forthwith comply with the same. * Use of unfamiliar pro-forms. For example, the same, the said, the aforementioned etc. The use of the terms often do not replace the noun but are used as adjectives to modify the noun. For example, the said John Smith. * Use of pronominal adverbs. Words like hereof, thereof, and whereof (and further derivatives, including -at, -in, -after, -before, -with, -by, -above, -on, -upon) are not often used in standard English. Their use in legal English is primarily to avoid repeating names or phrases, such as the parties hereto instead of the parties to this contract.
      • -er, -or, and -ee name endings. Legal English contains some words and titles, such as employer and employee; lessor and lessee, in which the reciprocal and opposite nature of the relationship is indicated by the use of alternative endings.
      • Use of phrasal verbs. Phrasal verbs play a large role in legal English and are often used in a quasi-technical sense, such as parties enter into contracts, put down deposits, serve [documents] upon other parties, write off debts, attend at locations, and so on.
      • Operation within a specific disciplinary value system delimited by professional, epistemological and pragmatic concerns (use of reasonable, proper, clear, appropriate, etc.).
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