Problems of legal language

Submitted to Mr. Pradeep Burman

(Subject: English)

Submitted by Anant Ekka

Section A

Roll No: 26

Semester I

B.A.LL.B (Hons.)

Submitted on: 28/04/2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G.)

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 Acknowledgement
The successful completion of any task would be, but incomplete, without the mention of
people who made it possible and whose constant guidance and encouragement crowned my
effort with success.

I would like to thank my course teacher Mr. Pradeep Burman for providing me the topic of
my interest.

Secondly, I would like to thank our Vice Chancellor for providing the best possible facilities
of I.T and library in the university.

I would also like to extend my warm and sincere thanks to all my colleagues, who
contributed in numerable ways in the accomplishment of this project.

Thanking you,

Anant Ekka
Semester II

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 Table of contents

1. Introduction.............................................................................................................4
2. Objectives................................................................................................................5
3. Research Methodology............................................................................................5
4. Chapterisation
I. Defects in legal language
5. Conclusion.............................................................................................................11
6. Bibliography..........................................................................................................12

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 Introduction

Legal language means a language used by the persons connected to the legal profession i.e.
the language used by lawyer, the jurist and the legislative draftsman in their professional
capacities. Legal profession had long its own distinctive language. The type of English used
by lawyers is different from ordinary plain English. Lawyers have managed to preserve an
exclusive language of their own.

It has developed as the language of the law, another variety of English. Although some have
suggested that legal English is a separate language; it seems best to regard it as a variety of
English. For the most part, legal language follows the rules that govern English in general. At
the same time, it diverges in many ways from everyday speech, far more than the technical
languages of most other professions. It is peculiar and distinctive as its linguistic structure is
puzzling and not amenable to common modes of definition.

Legal language identifies the writer as a lawyer. Indeed, for some people legal language is the
mark of a proper lawyer. Legal language is a different language; it is the badge of lawyers’
profession. The distinctive features can best be described as matters of style or “talking like a
lawyer.”

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 Research methodology
The researcher has adopted descriptive method. The sources of data are books, articles, blogs,
websites, legal databases, online journals, acts, etc.

Objectives
1. What is social contract theory?
2. State of nature by Hobbes, Locke and Rousseau.
3. Critical analysis of this theory.

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 Problems of the legal language

1. Defects in legal language due to uncertainty and ambiguity.

There are many words used in legal language which have no definite meaning and they
produce problems. The term 'right' has been used in about half-a-dozen senses. In legal
literature it is hard to find more ambiguous word than the term `right'.' It communicates
one meaning as claim (right) but the other as exactness e.g. right reason. When it is used
as an adjective it connotes the idea of just or justice or exact or correct. To quote, we use
the word 'right' in some half-dozen different senses and often pass insensibly from one to
the other, of course with disastrous results upon our reasoning.

2. Defect in legal language because of the change in the meaning of the word.
Defects in legal language because of the change in the meaning of the word. Many words
change their meaning in the course of time:
(1) Some become restricted,
(2) Some widened, and
(3) Some transferred by metaphor, the original meaning either remaining or disappearing.
To illustrate-
Asylum- Originally it meant any refuge or shelter, now it means a particular refuge for a
mentally diseased person. But old meaning is not totally out of use. In international law
asylum retains its old meaning.
Animal- Originally it was known for any creature with breath but now man is a social
animal.

3. Defect in legal language due to emotive elements in words.

Some words carry an emotive element. It lends illegitimate weight to a statement.' A
word is said to perform an emotive function when it either expresses an affective or
volitional attitude or arouses such an attitude in others. Thus an emotive word may be
either expression or an excitant of feeling or desire.' Words like science, law, right, justice
are heavily loaded by emotive communication or value judgment. Sometimes an emotive
statement is disguised as a referential one e.g., "justice requires all moral wrongdoing to
be punished." It shows mysterious natural nexus between anti-social action and suffering.

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4. Defects in legal language due to rhetoric.
Rhetoric is synonymous with legal language. The expression rhetoric has both positive
and derogatory connotation. As a noun it is the art of speaking and writing well, elegantly
and effectively, especially in order to persuade or influence other. It relates to the theory
and practice of using language effectively. Rhetoric questions are put in order to produce
an effect rather than to gain information, the answer usually being implied in the
question!' In derogatory sense rhetoric indicates the language which is full of
unnecessarily formal or literary words and phrases.

5. Defect in legal language because of jargons.

Dictionary meaning of the term 'Jargon’ is the specialized vocabulary of particular trade,
profession, group or activity. Some would say that to be good lawyer is necessarily to be
a Jargon monger, that word shuffling is the nature of business. But is also been used in a
derogatory sense. In derogatory sense it connotes the language which uses specialised
type of vocabulary in a pretentious or meaningless way. It communicates confusing.

In fact law is the most Jargon-ridden language amongst the specialist languages. One of
the interesting expressions used by lawyers is "as to" which is the speciality of law and
cannot be found in other disciplines.' Grammatically, it is of dubious validity.

To illustrate: He did not know as to why he committed the offence. He did not know as to
how the offence was committed. He did not know as to when the offence was committed.
As to the question, counsel has no reply.

6. Defects in legal language arising out of verbosity.

Sometimes two or more words are used from different angle to communicate a single
idea. Adjective verbose indicates using too many words; boringly or irritatingly long
winded. Noun verbiage means the use of language that is wordy or' needlessly
complicated and often meaningless. Sometimes many irritating words are used in some
documents needlessly, that is to say, heir, executor, Administrator, assigns etc.

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 Sometimes obsolete words are used which are no more in common use e.g. said, the
aforesaid, whereas, hereinbefore, hereinafter, thereafter, thereto etc.

7. Defects in legal language because of formalism

Formalism means excessive adherence to prescribed forms, use of forms without
significance. It differs from the expression formality which means conformity to rules,
precision of manner. Use of formal words is a defect in legal language. Formal words
constitute an elevated level of diction and even synonyms that exist on different levels.
For example: His honour is formal, the judge is the ordinary phrase.

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 Conclusion
Words are the essential tools of the law. In the study of law, language has great importance;
cases turn on the meaning that judges ascribe to words, and lawyers must use the right words
to effectuate the wishes of their clients. It has been said that you will be learning a new
language when you study law, but it’s actually a bit more complicated.

Once you have learned the legal meanings of words, you are expected to use them with
precision. Substituting one for another can result in serious errors and misunderstandings.
The legal meanings of words constitute the common language of lawyers and judges, who
rely on this language to communicate efficiently and effectively.

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 Bibliography

 Outlines of Legal Language in India by Dr. Anirudh prasad

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