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Answers to these questions point at certain linguistic aspects used in legal writings.
Vocabulary, syntax and semantics make the language of law different. The vocabulary
used in legal writings is heavily borrowed from Latin and French languages as Latin
was the language of administration and Law in England and French was the Court
language.
British educated codifiers in India who drafted the statutes and legal forms borrowed
the already existing terminology. Archaism, use of loan words, jargon and use of usual
words with unusual meaning and doublets and triplets are the vocabulary features
that make comprehension of legal documents difficult. Complicated sentence
structures make the language of law quaint.
Archaism is use of outdated words. Modern English has done away with words from ▾
Old and Middle English which continue to be used in Theology and Law. Use of such
words adds to the difficulty in understanding a piece of writing. Words like
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Loan words are words borrowed from other languages. The need for these arose as
English and French languages were considered vulgar and deficient in logical
expressions. Latin was the language of Law in England till 1066. Thereafter a variety
of Latin known as ‘Low Latin’ containing Latinised English and French was used in
courts till the Fourteenth Century. This explains the occurrence of Latin and French
words in Indian legal documents written in English. A few of such Latin words are —
‘a priori’ meaning previous contentions, ‘prima facie’ meaning a case at first sight’,
‘habeas corpus’ meaning a writ to obtain the release of someone unlawfully detained,
etc. Words borrowed from French have been so assimilated into legal parlance that
they appear to be English like felony, larceny, covenant, battery, etc.
Jargon is words which are used exclusively in a special area. These are words
particular to a subject. A word in general can have more than one meaning. But in
law these jargons have only one meaning that cannot be disputed. For example, the
jargon ‘citation’ means ‘quoting a decided case’, ‘negotiable instrument’ means ‘all
rights that can be transferred simply by delivery’ such as cheques. These words have
come to be recognised as part of legal register.
Words with unusual meaning are familiar words, used in legal expression with
unfamiliar meanings. The general meaning of these words is different from its legal
meaning. The word ‘access’ means ‘a right granted to a parent to visit his/her child’.
Similarly, ‘conveyance’ means ‘a document transferring a free hold interest in land
after sale’, ‘hearing in camera’ means ‘hearing a case in private’, ‘keeping a disorderly
house’ means ‘the offence of operating a brothel’ and ‘sleeping partner’ is ‘a partner
who assumes no responsibility for running a business’.
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Doublets and triplets are overuse of synonyms. This feature is added to make things
doubly sure of what it means. ‘Hired, engaged and employed’, ‘destroy, damage and
defile’, ‘signed, sealed and delivered’ are some of the examples of the use of multiple
synonyms for emphasis. Lawyers defend the use of such synonyms on the ground that
they are motivated by the need to be precise. However, critics attribute this to ancient
legal practitioners who were paid by the length of the documents.
However, the never-ending length of the sentence is not the only cause of complexity
of legal sentence structure. There were multiple efforts to reduce this complexity of
syntax. Use of punctuation marks was one such effort. When law was written or
codified in Latin in England, the Greek way of indicating pauses with punctuation
marks was not followed.
Later when punctuations were introduced, they were not assigned meaning and they
were not taken into account for interpretation. Whenever a dispute in meaning based ▾
on a punctuation mark was taken to court, it was ruled that punctuation could not be
assigned meaning. However, this recent trend hasn’t eliminated the presence of very
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The language of law seems tedious and verbose. A reader is compelled to consult a
legal expert to recover meaning from the syntactic labyrinth. There is a need to make
legal language comprehensible to ordinary people. Paraphrased and translated
versions which aid comprehension can help people understand the documents though
these cannot be used for legal interpretation in a court of law.
[The writers are English Language Teaching (ELT) practitioners and alumnus of
English and Foreign Languages University (EFLU), Hyderabad]
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