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Where Does Legal Language Come from

December 12, 2022

Where Does Legal Language Come from

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Legal English reflects the mix of languages that the English language in general has produced. Modern legal English, however, owes a special debt to French and Latin. After the Norman invasion of England in 1066, French became the official language of England, although most ordinary people still spoke English. For nearly 300 years, French was the language of court proceedings, so many words in today`s legal usage have their roots in that period. This includes real property, estates, personal property, leases, executors and tenants. Legal English is particularly relevant when applied to legal writing and writing, including: Third, there are words whose meaning expands, contracts or changes depending on the context or place where they are used. In a context (e.g. divorce), a person may be considered a “resident” of a state if he or she has lived there for 6 months. In another context (obtaining a driver`s licence), a person may be considered a “resident” after only a few days. In a state, a person can be said to “possess” a firearm when they are in a car within range.

In another state, that person may need to have control of the firearm to be in possession of the firearm. Therefore, the same word may have a different meaning depending on the question asked and where it is asked. It is beneficial for lawyers and clients to use plain language to improve access to legal aid and increase the impact on businesses and client services. One of the reasons why legal English is so difficult to understand is that it is based on legal systems established centuries ago. There are different types (genres) of legal writing: for example, academic legal writing as in legal journals, legal writing as in court judgments, or legislative legal writing as in laws, regulations, contracts and contracts. [8] Another variation is the language used by lawyers to communicate with clients who require a more “easy to read” style of written communication than lawyers. [9] Due to the prevalence of the English language in international trade relations, as well as its role as a legal language worldwide, the international legal community has long felt that traditional English training is not sufficient to meet the language requirements of lawyers. The main reason for this is that such education generally ignores the ways in which the use of English can be altered by the particular requirements of legal practice – and by the conventions of legal English as a separate branch of English. The movement for simple legal English gained momentum in Britain when a disgruntled Liverpool woman, Chrissie Maher, shredded hundreds of impenetrable government forms in Parliament Square. This has led to the replacement of archaic terms such as “subpoena” with the modern equivalent of “subpoena.” The old term “claimant” became “claimant”, “pleadings” became “claim forms”, and so on. Therefore, the main features of legal language are as follows: when the Romans conquered Britain, they established a legal system based on Latin. After the departure of the Romans, the English legal system began to develop.

However, a unified national legal system did not emerge until after the Norman Conquest of 1066. This evolution explains why legal English contains many terms derived from French. When translating into English, it is important to avoid the pitfalls of legal language while preserving the original intent of the legal document and producing a translation with absolute clarity. As the printed word became more common, some writers made a conscious effort to adopt words from Latin to make their text more sophisticated. Some legal words borrowed from Latin are adjacent, frustrating, inferior, legal, calm, and subscribed. Some authors also began to use a Latin word order. The result was an artistic style that was deliberately used to impress rather than inform. Even today, Latin grammar is responsible for some of the unusual embellishments and word orders of legal documents.

It is also responsible for the frequent use of target constructs in legal documents. The English language contains elements from many different European languages and has also borrowed words from a variety of other languages. It is impossible to understand how these influences affect the language without knowing a little about the history of the British Isles. Subsequently, the Angles, Saxons and Jutes invaded the British Isles from the northern European continent. The language provided forms the basis of so-called Old English. This gives us the 100 most commonly used words in the English language (words like God, man, woman, child, love, live, go, to, to). The term legal language, on the other hand, is a term associated with a traditional style of legal writing that is part of that specialized discourse of lawyers: communication that “lay readers cannot easily understand.” [4] This term describes legal drafting, which can be cluttered, wordy and indirect, and may contain unnecessary technical words or phrases. [5] Historically, legal language is language that a lawyer can use when drafting a contract or brief, but not in ordinary conversations. [6] For this reason, the traditional style of legal writing has been described as user-friendly. [5] Proponents of plain language argue that “the style of legal writing should not vary from task to task or audience to audience. ; Everything lawyers write should be clear, correct, concise and complete. [7] These four Cs describe the “characteristics of good legal drafting” in the United States.

[7] As mentioned earlier, legal English is very different from standard English in many ways. The most important of these differences are: • The first sentence corresponds better to the standards of legal English. One might expect legal experts to draft legal documents, but in the past, they were often drafted by clerks who were neither trained lawyers nor drafting experts. When professional cartoonists were hired, they were often paid by the word, so they had no incentive to write economically. On the contrary, one could say that they had an “economic” reason to write long documents! In legal memoirs, Anglo-Norman developed into legal French, from which many words of modern legal English are derived. This includes property, estates, personal property, leases, executors and tenants. The use of French Law during this period had a lasting influence on the general linguistic register of modern legal English. This usage also explains some of the complex linguistic structures used in legal drafting. In 1362, the Plea Statute was published, stipulating that all trials should be conducted in English (but Latin). This marked the beginning of formal legal English; French law was used in some forms until the 17th century, although French law was increasingly degenerate.

Later, the English first used other French words, such as chauffeur, bourgeois, elite. As the British Empire expanded, more and more opportunities to borrow words presented themselves – words like taboo and pukka entered the English language from this period onwards. The use of different registers of English determines whether the language used sounds down-to-earth or sophisticated. The register reached is largely determined by whether the words used are mainly of Old English or Old Norse origin or whether they come from Latin or French. During this period, Latin remained the language of official documents and statutes. However, since only scholars were fluent in Latin, it never became the language of legal advocacy or debate. Legal language is the language used by a person practising a legal profession. Law is a technical subject and has its specific language and terminology (शब्दावली).

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