Legal English

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Legal English is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets.

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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.

Historical development

In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until the Pleading in English Act 1362 (and continued in minor use for another 300 years), while Medieval Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).

In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include property, estate, chattel, lease, executor, and tenant. The use of Law French during this period had an enduring influence on the general linguistic register of modern legal English. That use also accounts for some of the complex linguistic structures used in legal writing. In 1362, the Statute of Pleading was enacted, which stated that all legal proceedings should be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, although Law French became increasingly degenerate.

From 1066, Latin was the language of formal records and statutes, and was replaced by English in the Proceedings in Courts of Justice Act 1730. However, because only the highly-educated were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ad hoc , de facto , de jure , bona fide , inter alia, and ultra vires, which remain in current use in legal writing (see Legal Latin).

Style

In 2004, David Crystal proposed a stylistic influence upon English legal language. During the medieval period, lawyers used a mixture of Latin, French and English. To avoid ambiguity, lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), and "will and testament" (English/Latin). Examples of English-only doublets are "let and hindrance" and "have and hold".

Modern English vocabulary draws significantly from Germanic languages, French, and Latin, the lattermost often by way of French. These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style.

Further, legal English is useful for its dramatic effect: for example, a subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"; the "peril" is not described (being arrested and held in contempt of court) but the formality of the language tends to have a stronger effect on the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up".

Whereas legal language in the medieval period combined Latin, French, and English to avoid ambiguity. According to Walter Probert, judicial lawyers, roughly starting in the twentieth century, often manipulate the language to be more persuasive of their campaign ideals. [1]

Key features

As noted above, legal English differs greatly from standard English in a number of ways. The most important of these differences are as follows:

Education

Because of the prevalence of the English language in international business relations, as well as, its role as a legal language globally, a feeling has existed for a long period in the international legal community that traditional English language training is not sufficient to meet lawyers’ English language requirements. The main reason for this is that such training generally ignores the ways in which English usage may be modified by the particular demands of legal practice – and by the conventions of legal English as a separate branch of English in itself.

As a result, non-native English speaking legal professionals and law students increasingly seek specialist training in legal English, and such training is now provided by law schools, language centres, [4] private firms and podcasts [5] that focus on legal language. The UK TOLES examination was set up to teach legal English to non-native English speakers. The exams focus on the aspects of legal English noted as lacking by lawyers. [6] An annual Global Legal Skills Conference was also established as a forum for professors of Legal English and other skills professionals to exchange information on teaching methods and materials. [7]

See also

Related Research Articles

<span class="mw-page-title-main">Cognate</span> Words inherited by different languages

In historical linguistics, cognates or lexical cognates are sets of words that have been inherited in direct descent from an etymological ancestor in a common parent language. Because language change can have radical effects on both the sound and the meaning of a word, cognates may not be obvious, and often it takes rigorous study of historical sources and the application of the comparative method to establish whether lexemes are cognate. Cognates are distinguished from loanwords, where a word has been borrowed from another language.

The comma, is a punctuation mark that appears in several variants in different languages. It has the same shape as an apostrophe or single closing quotation mark in many typefaces, but it differs from them in being placed on the baseline of the text. Some typefaces render it as a small line, slightly curved or straight, but inclined from the vertical. Other fonts give it the appearance of a miniature filled-in figure 9 on the baseline.

<i>Scriptio continua</i> Style of writing without spaces between words

Scriptio continua, also known as scriptura continua or scripta continua, is a style of writing without spaces or other marks between the words or sentences. The form also lacks punctuation, diacritics, or distinguished letter case. In the West, the oldest Greek and Latin inscriptions used word dividers to separate words in sentences; however, Classical Greek and late Classical Latin both employed scriptio continua as the norm.

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Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible. Plain language strives to be easy to read, understand, and use. It avoids verbose, convoluted language and jargon. In many countries, laws mandate that public agencies use plain language to increase access to programs and services. The United Nations Convention on the Rights of Persons with Disabilities includes plain language in its definition of communication.

<span class="mw-page-title-main">Law French</span> Archaic linguistic form used in English courts after 1066

Law French is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, since the 13th century. Its use continued for several centuries in the courts of England and Wales and Ireland. Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions.

In English-language punctuation, a serial comma is a comma placed immediately after the penultimate term in a series of three or more terms. For example, a list of three countries might be punctuated as either "France, Italy and Spain" or "France, Italy, and Spain".

In an English-speaking country, Standard English (SE) is the variety of English that has undergone substantial regularisation and is associated with formal schooling, language assessment, and official print publications, such as public service announcements and newspapers of record, etc. All linguistic features are subject to the effects of standardisation, including morphology, phonology, syntax, lexicon, register, discourse markers, pragmatics, as well as written features such as spelling conventions, punctuation, capitalisation and abbreviation practices. SE is local to nowhere: its grammatical and lexical components are no longer regionally marked, although many of them originated in different, non-adjacent dialects, and it has very little of the variation found in spoken or earlier written varieties of English. According to Peter Trudgill, Standard English is a social dialect pre-eminently used in writing that is distinguishable from other English dialects largely by a small group of grammatical "idiosyncrasies", such as irregular reflexive pronouns and an "unusual" present-tense verb morphology.

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The Greek language has contributed to the English lexicon in five main ways:

<span class="mw-page-title-main">Medieval Latin</span> Form of Latin used in the Middle Ages

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Plain English is a mode of writing or speaking the English language intended to be easy to understand regardless of one's familiarity with a given topic. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, and it allows for good understanding to help readers know a topic. It is considered a part of Plain Language.

In etymology, two or more words in the same language are called doublets or etymological twins or twinlings when they have different phonological forms but the same etymological root. Often, but not always, the words entered the language through different routes. Given that the kinship between words that have the same root and the same meaning is fairly obvious, the term is mostly used to characterize pairs of words that have diverged at least somewhat in meaning. For example, English pyre and fire are doublets with merely associated meanings despite both descending ultimately from the same Proto-Indo-European (PIE) word *péh₂ur.

<span class="mw-page-title-main">Legal writing</span> Pleading in civil and criminal law

Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position. Another form legal writing involves drafting legal instruments, such as contracts and wills.

Text segmentation is the process of dividing written text into meaningful units, such as words, sentences, or topics. The term applies both to mental processes used by humans when reading text, and to artificial processes implemented in computers, which are the subject of natural language processing. The problem is non-trivial, because while some written languages have explicit word boundary markers, such as the word spaces of written English and the distinctive initial, medial and final letter shapes of Arabic, such signals are sometimes ambiguous and not present in all written languages.

<span class="mw-page-title-main">Anglo-Norman language</span> Extinct dialect of Old Norman French used in England

Anglo-Norman, also known as Anglo-Norman French, was a dialect of Old Norman that was used in England and, to a lesser extent, other places in Great Britain and Ireland during the Anglo-Norman period.

A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by "and", such as "null and void". The order of the words cannot be reversed, as it would be particularly unusual to ask someone to desist and cease or to have property owned clear and free; these common legal phrases are universally known as cease and desist and free and clear.

<span class="mw-page-title-main">Pleading in English Act 1362</span> United Kingdom legislation

The Pleading in English Act 1362, often rendered Statute of Pleading, was an Act of the Parliament of England. The Act complained that because the Norman French language was largely unknown to the common people of England, they had no knowledge of what was being said for or against them in the courts, which used Law French. The Act therefore stipulated that "all Pleas which shall be pleaded in [any] Courts whatsoever, before any of his Justices whatsoever, or in his other Places, or before any of His other Ministers whatsoever, or in the Courts and Places of any other Lords whatsoever within the Realm, shall be pleaded, shewed, defended, answered, debated, and judged in the English language, and that they be entered and inrolled in Latin".

References

Footnotes

  1. Probert, Walter (1959). "Law and Persuasion: The Language Behavior of Lawyers". University of Pennsylvania Law Review. 108 (1): 35–58. doi:10.2307/3310330. JSTOR   3310330.
  2. Butt, Peter; Castle, Richard (2001). Modern Legal Drafting: A Guide to Using Clearer Language. Cambridge University Press. pp. 139–140. ISBN   0-521-00186-2.
  3. Breeze, Ruth (2011). "Disciplinary Values in Legal Discourse: A Corpus Study". Ibérica (21): 93–115.
  4. "Cambridge Law Studio" . Retrieved 2017-10-17.
  5. "Study Legal English" . Retrieved 2017-10-17.
  6. "TOLES and other Legal English Exams". TOLES. Archived from the original on 16 February 2012. Retrieved 5 April 2015.
  7. "Global Legal Skills Conference". Archived from the original on 2016-03-10. Retrieved 2016-03-28.

References

  • Bain Butler, D. (2013). Strategies for clarity in legal writing. Clarity 70. New York: Aspen Publishers.
  • Bain Butler, D. (2015). Developing international EFL/ESL scholarly writers.
  • Bhatia, V. K. (1993). Analyzing genre: Language in professional settings. London: Longman.
  • Goddard, C. (2010). “Didactic aspects of legal English: Dynamics of course preparation”, in ESP across cultures, Special issue: Legal English across cultures, eds. M. Gotti & C. Williams, vol. 7, 45-62.
  • Oates, L. & Enquist, A. (2009). Just writing: Grammar, punctuation, and style for the legal writer, rev. edn. New York, NY: Aspen Publishers.
  • Ramsfield, J. (2005). Culture to culture: A guide to U.S. legal writing. Durham, NC: Carolina Academic Press.
  • Tiersma, Peter M. (1999), Legal language. Chicago: University of Chicago Press.
  • Wydick, R. (2005b). Plain English for lawyers: Teacher's manual, 5th edn. Durham, NC: Carolina Academic Press.

Further reading