TOPIC: IS LEGAL LANGAUGE
EXCLUSIONARY? Under the supervision of
FACULTY: DR. SABINA ZACHARIAS
NAME: SHIVI MISHRA
COURSE: BA LLB (HONS)
PROVISIONAL NO: PROV/BA LLB/7-18/065
SUBJECT: LAW AND LANGUAGE
The final outcome and the success of this paper required a lot of assistance, help and guidance from all of you and I am very thankful and privileged to have got your support and guidance throughout the completion of this research. This paper was completed up to the mark and within the time frame only due to the assistance and supervision and for these all I thank you all. I owe my deep gratitude towards all who were a great help and resource for the completion of this paper. I would like to extend my sincere esteems to all of my friends and teacher for their timely support and guide.
I hereby declare that the research paper entitled ‘IS LEGAL LANGUAGE EXCLUSIONARY? Is an original work carried out by me- SHIVI MISHRA as per the requirements of the BA LLB (HONS) program at ALLIANCE UNIVERSITY. I thereby declare that this work or any part or section of this work is original and not plagiarized.
Legal English or legal language is the type of English that is used in legal writing. It is formulized language that is based on logical rules and technical jargons. Due to many jargons, Latin words, syntax and semantics this legal language is mostly difficult for the common people to understand and interpret. Most of the times people cannot understand laws and regulations due to these barriers and hence there is a breaking of the law or misinterpretation of the rules and regulations that create problems. So this paper deals with the need of legal language in the laws written and then proceedings of the courts –do we really need to have these technical jargons and terms in various legal aspects?
TABLE OF CONTENT:
HISTORY AND DEVELOPMENT……………… 07-08
NEED OF LEAGL LANGUAGE………………………. 09
IS IT EXCLUSIONARY?
IS THERE REAL NEED……………………………. 10
SCENARIO IF IT IS EXCLUDED…………………. 10-11
Legal English is that type of English which is used in various legal writings. This is based on various logical explanations and rules. It contains various technical law terms, jargons, legal terminologies syntax, vocabulary and semantics. It also contains various words and terms from various other languages too, in which, Latin words cover most of the parts of the legal language. The aim of the legal language is to achieve consistency, completeness and validation of the legal profession.
There are different kinds of legal writing such as-
Academic legal writing as in law journals
Juridical legal writing as in court judgements
Legislative legal writing as in laws, regulations, contracts and treaties,
Language used by the lawyers for the communication with their clients.
The style of writing or communication used by various legal professionals
Legal language has very significant relevance in various legal writing and drafting including-
Various legal documents
Court pleadings and proceedings
Acts of Parliament
2.1 MEANINGIn simple words legal language is a type of English that is used in the legal writings that is various legal documents, articles and debate. In general sense legal language is a language that is formulized and based on logical rules which differ which differs from the ordinary day to day language and the common language used in syntax, vocabulary, and semantics. The aim of legal language is to achieve validity, completeness and soundness while still retaining the benefits of the language such as complete meaning and open grade.
2.2 HISTORY AND DEVELOPMENT
Modern legal English based on Standard English. Modern legal English contains contain, a number of unusual feature. These feature related to terminology. They have their roots in history of the development of English as a legal language.
Common law was discussed in the Celtic law. The legal language and legal traditional changed with wave of languages in the following centuries. Roman Britain (after the conquest beginning in AD 43) roman legal tradition and its legal language was Latin. Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was invested Anglo-Saxon law, which was discussed in Germany and written in old English since circa 600 starting with the law of language. The Norman Invasion of England in 1066, Anglo-Norman French become the official language of legal proceeding in England for a period of nearly 300 years the pleading of English act 1362 (and continued in minor use for another 300 years), Medieval Latin was used for written records over the 650 years. Some English terms are used related to legal language.
Till 1066 Latin was the language of the formal records. Latin was replaced by English during the proceedings in the court of justice act, 1730. Latin never became the language of the legal proceedings debate and pleadings because Latin being a little tougher language so only learned persons were capable to understand Latin.
The legal language used in the medieval period combined Latin, English, French to avoid any kind of ambiguity starting in the twentieth century, various judicial lawyers often manipulated the language to make it more appealing for their campaigns and ideas and thoughts.
There are many features of legal English that makes it different from normal and Standard English in a various number of ways.
The most important ones are discussed below:
Legal English uses a great number of various technical terminologies and jargons as compared to common English and language used by other professionals and in various other trades. Many a times these jargons and technical terms become difficult for the laymen to understand and interpret.
The various terms and jargons in English include ORDINARY WORDS which in most of the cases have SPECIAL MEANINGS.
One of the important features of legal English is lack of the punctuation. According to many lawyers and legal professionals punctuation is unimportant and ambiguous and the meaning of the legal documents according to them only contained in the words used and their context.
Another important aspect of the legal language is using doublets and triplets. The tendency of legal English is to join together two three words to convey a single legal concept.
The most common feature is tom use unusual word order. Many a times the words order used in legal documents are differently arranged.
Another feature is use of unfamiliar pro- forms. This kind of use is very interesting since they do not replace the noun is the sentence but they are used as the adjectives which is used to modify the noun.
Legal language uses pronominal adverbs. This is used to avoid repeating various names and phrases.
The most interesting aspect is the use of –er, -or, -ee etc. Using these the RECIPROCAL AND OPPOSITE nature of the relationship is shown.
The last feature is the use of phrasal verbs. In Standard English, phrasal verbs do not play an important or vital part but in legal English phrasal verbs play a large role.NEED OF LEGAL LANGAUGE
In law words and sentences play the role of essential tools. In the study of the law language has very great importance as the lawyers must use the right words to convey their ideas, cases, and laws to put the case of their client is a more effective manner.
Similarly judges must also use the right terms and terminology to express their views and judgements. Legal language is important the lawyers and legal professionals to learn and practice as the proceedings and the law all are in this legal language containing various terminologies and jargons. Legal language is needed to make law and its language different from the common or Standard English. Legal language makes this profession of law and law not to get confused with the various other professions. Using a particular language containing its jargons and terminologies for the law, statues, rules and court room proceedings and presentations of the various cases and case laws make this profession more vibrant and dynamic.
IS IT EXCLUSIONARY?
4.1 IS THERE REAL NEED-
The real question is do we really need legal language and all those technical law jargons and terminologies in various case proceedings and in the court rooms, in making of the laws and the statues, in writing of the various law journals, books and articles?
According to me we do not really need these heavy Latin terms and jargons in all the aspects and working of the law.
Law is basically made and enacted for the general public at large, for the benefit of the society, its upliftment, smooth functioning of the society, providing security to the citizens and ensuring and maintaining peace and harmony in the society. In short the law is made for the betterment of the lives of the common people.
So, according to me, in any country most of its citizens can be refereed as laymen in he context of the legal profession as many of the people are not aware of the meaning of the legal terminologies, law jargons and various Latin and other language words used in the legal profession. So it becomes very difficult for them to understand the various terms and interpret the law and get the idea and then message that particular section of the law or statue wants to convey. Therefore many times we cannot get the meaning of the law and hence the rules and regulations or the law can be broken or misinterpreted or misunderstood. So to avoid these we do not really need to have difficult jargons and terms in the legal profession.
SCENARIO IF IT IS EXCLUDED-
If the legal language is excluded and the legal profession is also carried out in simple or ordinary English as in other professions without having many jargons and terms and terminologies then it will become very easy for the common people or citizens (laymen) to understand the laws and to get the meaning or the idea of the various statues and the rules of the government and the people will find is much convenient to interpret the various sections laws, and regulations and to understand and act accordingly.
The people need not to be dependent on the lawyers or legal professionals to understand the laws and the proceedings of the courts or their problems and the cases and the case laws and the laws and statues applicable in the various cases and its application and interpretation.
So due to this the work of the lawyers and the legal professions will also be decreased and hence they will get more time to focus on the case and present the case more efficiently as they need not waste their time in making their clients understand the various legal terms and terminologies and a number of Latin words used in the various sections and various jargons.
So if the legal language is excluded then the common people will also be able to understand the laws and statues so they will understand the laws and will act according to the laws and it will also decrease the risk of them committing a wring or crime. This will also save the time of the lawyers and legal professional so the cases can be presented more efficiently in the courtrooms.
Legal language is a very important and vital part in the work course of all the legal professionals. It contains various technical jargons relating to laws, law terminologies and jargons in various laws and statues. These terms and jargons are extensively in the law books, articles, journals and case laws, cases, court proceedings and all. These are easily understood and interpreted by the lawyers and legal professionals as these words have become a daily routine in their day to day lives. But for a layman or for common citizens and people of a country is it very difficult to understand and interpret these laws and sections of laws containing various technical jargons and Latin words and this creates a problem and difficulty for most of the citizens and hence they commit mistakes or wrong and crime. So according to me these various heavy terms and terminologies Latin words and jargons are not required. This will make the laws and statues for the common people to understand easily and these will also save the time of the lawyers and this will also lead to the decrease of wrong in the society as the people will understand the
law easily and by themselves.
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