Language of the Law:
The language of the law is used to regulate society by establishing obligations that must be fulfilled by ensuring that rights are granted
The Nature of Legal Language:
· The language of law is very distinctive (unique).
· Its lexical (words and phrases) and syntactical (sentence structure) patterns owe (be indebted) to traditional forms of English.
· Its conservatism is linked directly to the need of unambiguous (clear) language.
· That has already been tried and tested in the courts.
· Language of law is consistent (regular) and precise (accurate)
· Legal language is used in a range (scope) of legal contexts in both written and spoken forms.
· It is marked by complex grammatical structures, technical lexis, archaic (old, ancient) expressions and limited punctuation.
· Thus, it is quite different from other varieties.
· Such linguistic features make it easily recognizable even to people who are not part of profession.
· Legal language is the domain (area) of a specialist occupation.
· Intended (expected) audiences are experts in the field.
· Legal language is not spontaneous, often idiosyncratic (peculiar, particular)
· It draws structures that has been predefined and pretested
· Jargon is familiar only to the experts.
· Grammatical structures that are difficult to decode (interpret, translate).
· Lexis and syntax can make it difficult for an ordinary reader to understand the legal document.
· Traditionally, the contents were often written as a solid (continuous) block (mass, chunk) with no paragraphs or spacing.
· But more recently, legal documents have tended (inclined) to use typographical (styles or appearance of printed matter) devices to make the variety less obscure (vague, unclear).
· Capitalization, underlining, different print styles, numbered lists and paragraphs are now often used.
Opinions
· Campaigners for plain language argues that legal language could be simplified so that it is both more comprehensible to ordinary people and more practical for lawyers themselves. They seek to bring changes in the lexical features of legal language by suggesting plain vocabulary as the alternatives and by suggesting appropriate layout and design of the documents.
· Many lawyers, fear however, that if changes were made, new simplified language structures could create loopholes (ambiguity, excuse, escape). Plain language campaigners combat such misconceptions with the idea that a plain language document needs not only to be clear and straightforward also precise and complete.
The Function of Legal Language:
a. The main function of legal language is referential (to convey information).
b. Its subordinate functions are conative (persuasive) and metalinguistic (discussing language itself).
· Although legal language can be difficult to understand, we all come into contact with it on a regular basis.
· Statutes dictate what is and what is not acceptable behavior in society;
· Contracts are made with insurance companies and mortgage (security, credit, finance) leaders;
· Property conveyancing is completed; and
· Will are drawn up
· The spoken language of the court is portrayed on television in the numerous courtroom dramas and live trial coverage like that in 1995 of the O.J. Simpson murder trials in America, which was broadcast on British television.
Features of (written)Legal Language:
Modern printing techniques and attempts to simplify legal language have had some effect on the nature of written documents, but for the main part the legal variety has changed little over centuries.
In analyzing legal texts, linguists must be aware of both the customary approaches and the ways in which these are being changed in order to make the variety less obscure.
For instance, whereas traditional documents used no paragraphing and often used Gothic (printing type) script for the opening letter, modern documents will usually divide the text into distinct units and will avoid decorative (pleasing to the eye) printing.
Such changes are linked to the desire for plain English in all public official language.
Despite this, the basic language structures remain unchanged.
1. Manner:
· The manners are always formal and the language of the law has little similarity with the language of conversation.
· There are, for instance, no contraction (short forms) for negative or auxiliary verbs in written documents.
· Because it is a traditional form of language, it retains (maintains, keeps) archaic features.
· Many formulaic (fixed) utterances like ‘signed in the joint presence of …’ contribute to the ceremonial (formal) tone.
· It is a public form of language, but its intended audience is legal experts rather than the general public.
2. Typography and layout
· The typographical features are designed to draw attention to key elements of the text.
· The overall layout is often distinctive.
· Traditional documents are printed in a solid block with no indentation (gap).
· But more modern examples tend to be indented and subdivided.
· Although traditional style gives an overall visual coherence to legal documents; modern layouts are more acceptable to the non-specialist.
· Variations are used to reveal the structure of the content.
· Capitalization, underlining, and variations in typeface can emphasize important lexical items.
· References to people, companies or parts of a document may be highlighted by using such techniques.
· Punctuation is used sparingly (carefully) in legal documents because it can cause ambiguity.
· Commas are often omitted in lists and for clauses in parenthesis; colons and dashes can mark the beginning of a list of subsections, but are also often omitted.
3. Lexis
· The lexis of legal language is very distinctive.
· There is mixture of subject specific jargon or ‘terms of arts’ like tort, alibi and bail which all lawyers interpret in the same way and other ordinary words like damage, malice and valid which will be interpreted differently depending upon the context.
· The specialist terminology can be divided into two categories: ordinary language used in a specialist way, like proposal and life, and specialist language used in everyday contexts, like liable.
· The subject specific lexis contributes to the formal tone of legal language.
· Archaic lexis, like hereafter and collocations like ‘it shall be deemed’ also make the variety formal.
· Synonyms are common, reflecting the influence of both French and Latin on legal language and the need to be all inclusive.
For example:
Made and signed: make (OE macian); sign (Fr Signe, L signum)
Able and willing: able (OFr ablere, Fr habilere, Lhabiluas); will (OE willa)
· Words marking grammatical relationships are mainly descended from Old English, but there is evidence of many French and Latin loan words which have since been assimilated into the language.
For example:
Proposal: Fr proposer conveyance: OFr conveier
Contract: L contractus evidence: L evidens
· Many nouns are abstract: valuation, bonus, evidence, and policy
· Legal language is not concerned with the creation of mood, nor with description or evaluation.
· So, pre-modifiers are used frequently except where they can provide exact information:
For example: the first premium, the current monthly payment, and the freehold land.
· The determiner site in a noun phrase is nearly always filled: the Valuer, a Mortgagee, the Lease, and the life Insured.
· The use of said and aforesaid (mentioned before) as pre-modifiers allow legal documents to be very precise in any anaphoric references that are made: the sum of $4000… the said sum; the period of 28 days… the said period.
· Post-modification is common, however, since it provides factual information like names, addresses and legal conditions.
For example: A conveyance of the land in this title dated 23 May 1946 made between 1. Mark Stephens and Brain Morris (vendors) and 2. Julie Mary Ryan and others (purchasers) contains the exceptions and reservations as set out below.
· Verbs are distinctive in legal language.
· The auxiliary and lexical verbs are often separated by sequences of phrases and clauses, making the document difficult to read.
· The lexical verbs in written legal documents tend to be limited and the same ones are used regularly: indemnify (assure), accept, be conveyed, be deemed.
· Adverbials are used frequently and tend to cluster at the beginning of sentences.
· They are often linked to the archaic prepositional words like hereafter and thereof.
· The use of adverbials is one of the distinctive features of legal language.
· Pronoun referencing is not often used in legal documents so that many ambiguities can be avoided.
· Instead, nouns are repeated throughout.
Grammar
· The grammar of legal language is complicated by the length of the sentences.
· Strings (series, line) of dependent clauses are used to provide precise information about the legal conditions attached to each transaction.
· Whether it is a life assurance or car insurance policy, a will or a property sale.
· The embedded clauses make the legal terms of reference clear.
· But the reader has to retain a lot of information to decode the meaning.
· The mood is always almost declarative.
· But imperatives are used occasionally.
· Interrogatives are used in the spoken language of courts, but not in written documents.
· The passive voice is often used.
· Campaigners for plain English believe that the use of passive voice is one of the linguistic and stylistic features of legal language that necessarily complicates meaning.
· Sentence in legal documents is long because they have to include all relevant points in a single statement.
· The sentence structure is usually complex, compound or compound-complex.
· Few sentences are simple, and none are minor sentences.
· Word order is distinctive
· Adverbials are often clustered at the beginning.
· Almost all clauses contain adverbials to clarify the meaning.
· Cohesion is created through repetition of lexical sets.
