Legal Language

Date: 2015-10-07; view: 793.

Legalese

Reading 1: Legalese

LEGAL ENGLISH

UNIT 2.

Pre-reading task. Read words. Mind the stress. A):

΄prejudice re΄ciprocal sub,sidi΄arity

΄triplete΄rect ,here΄after

΄liable a΄llege ,notwith΄standing

΄justiceim΄ply,bene΄ficiary

΄technicalspe΄cific,characte΄ristic

΄jargon re΄lationship ,punctu΄ation

B) Complete the word building table.

1. Read the text about Legal English and answer the questions.

1. What way legal writing in English is characterized by?

2. What do characteristics of legal writing include?

3. What has encouraged the use of English rather than Latin in the English justice system?

4. What do a number of linking terms used in older written legal texts refer to?

Lawyers use Latin words and expressions when writing legal texts of every kind, from statutes to emails.

Legal writing in English has developed over hundreds of years and is characterised by specific features, some of which can make it difficult for the non-lawyers to understand. Characteristics of legal writing include: using Latin terms; using technical terms (“subsidiarity”); using old-fashioned words not much in general use; using pair of words with reciprocal relationship (‘lessor'/'lessee'); using legal jargon (‘without prejudice to') including the use of pairs of words (‘terms and conditions'), or triplets (‘build, erect or construct'); having special meanings for words in ordinary use (‘the judge determined the fact of the case'), where ‘determined' means ‘decided'; using vague words (‘provide a sufficient service'); using long sentences with little punctuation; inverting word order (‘title absolute'); using capital letters to signal important or defined terms (‘the terms of the Lease…') avoiding personal pronouns (‘you', ‘we', ‘I'); the specific use of the modal verb ‘shall' to impose an obligation or duty on someone (‘The tenant shall not sub-let the whole or part of the premises.'); the use of ‘shall' in a directory sense (‘Notice of an appeal shall be filed within 28 days.')

There is a movement to draft legal text in standard, modern, ‘plain' English but any change will be slow.

Note: Some legal drafters argue that the use of ‘shall' in a directory sense is to be avoided because of confusion. Note also the general English use of ‘shall' to refer to future intentions (‘I shall write to him'), although this use is increasingly uncommon.