Legal EnglishLegal English

How many subvarieties How many subvarieties of legal English can you of legal English can you think of?think of? Legal documentsLegal documents: : contractscontracts, , deedsdeeds, ,

insurance policiesinsurance policies, , willswills, many kinds , many kinds of of regulationsregulations

Works of legal reference, Works of legal reference, with their with their complex apparatus of footnotes and complex apparatus of footnotes and indexingindexing

Case law: Case law: language made up of spoken language made up of spoken and written decisions which judges and written decisions which judges make about indvidual casesmake about indvidual cases

What is generally What is generally denominated legale denominated legale language is…language is… … … a mere technical language, a mere technical language,

calculated for eternal duration calculated for eternal duration and easy to be apprehended both and easy to be apprehended both in present and future timesin present and future times

FlawlessFlawless UnambiguousUnambiguous ImpenetrableImpenetrable Complex syntax, full of apparent Complex syntax, full of apparent

redundancyredundancy Concern for coherence and precisionConcern for coherence and precision Respect for ritual and historical Respect for ritual and historical

traditiontradition

Some functions of Some functions of legal Englishlegal English Its statements have to be so phrased that we Its statements have to be so phrased that we

can see their general applicability…can see their general applicability… … … yet be specific enough to apply to individual yet be specific enough to apply to individual

circumstancescircumstances They have to be stable enough to stand the They have to be stable enough to stand the

test of time…test of time… ……. yet flexible enough to adapt to new social . yet flexible enough to adapt to new social

situationssituations They have to be expressed in such a way that They have to be expressed in such a way that

people can be certain about the intention of people can be certain about the intention of the law respecting their rights and dutiesthe law respecting their rights and duties

That’s why…That’s why…

Complex syntax:Complex syntax:– Lengthy sentences (because it tries to Lengthy sentences (because it tries to

integrate several relevant issues in a single integrate several relevant issues in a single statement)statement)

– repetitive (because it needs to make lear repetitive (because it needs to make lear whether a new point applies to everything whether a new point applies to everything which has previously been said)which has previously been said)

– Coordinated phrases and a long list of items Coordinated phrases and a long list of items (in order to reduce uncertainty about (in order to reduce uncertainty about whether the law applies in a particular case)whether the law applies in a particular case)

Use of elaborate hypotactic constructionsUse of elaborate hypotactic constructions widespread use of conditional clauses widespread use of conditional clauses

introduced by introduced by if/should/where, reflecting if/should/where, reflecting the cautious nature of legal decision the cautious nature of legal decision making.making.

Organisation in paragraphs, with Organisation in paragraphs, with appropriate punctuation consisting of a appropriate punctuation consisting of a frequent use of colons, semi-colons, frequent use of colons, semi-colons, numbers and spacing.numbers and spacing.

Small set of grammatical and lexical Small set of grammatical and lexical featuresfeatures– Modal verbs Modal verbs (must, shall, will) (must, shall, will) distinguish distinguish

between obligation and discretion.between obligation and discretion.– Pronouns (Pronouns (allall, , whoeverwhoever) and generic ) and generic

nouns (nouns (hyperonymshyperonyms e.g. e.g. vehicle personvehicle person) ) help to foster a law’s general applicabilityhelp to foster a law’s general applicability

– Certainty can be promoted by explicitly Certainty can be promoted by explicitly listing specific items (listing specific items (hyponymshyponyms))

The present and present perfect The present and present perfect tenses are prevalent, in addition tenses are prevalent, in addition to the deontic to the deontic shallshall where the where the obligations of law are concerned:obligations of law are concerned:– Upon receipt of any order by the Upon receipt of any order by the

agent for goods the said agent agent for goods the said agent shallshall immediately transmit the immediately transmit the above mentioned order to the above mentioned order to the principal…principal…

StylisticallyStylistically

Much Repetition or partial Much Repetition or partial repetitionrepetition

Resort of capital lettersResort of capital letters Other emphatic devicesOther emphatic devices

– To stress the importance of the key To stress the importance of the key features in a legal text:features in a legal text:

All rights reserved. No part of this All rights reserved. No part of this publication may be reproduced, publication may be reproduced, stored in a retrieval system, or stored in a retrieval system, or transmitted, in any form or by transmitted, in any form or by

any means, electronic, any means, electronic, mechanical, photocopying, mechanical, photocopying,

recording, or otherwise, without recording, or otherwise, without the prior permission of the the prior permission of the

publishers.publishers.

The tone is archetypally The tone is archetypally impersonal, often ritualistically impersonal, often ritualistically conventional:conventional:

In accordance with Article 3, sub-In accordance with Article 3, sub-section (d), clause 13asection (d), clause 13a

LexisLexis

Archaic terms so typical of English Archaic terms so typical of English juridical jargon:juridical jargon:

WhereasWhereas (premesso che) (premesso che) WherebyWhereby (per cui, per la qual cosa) (per cui, per la qual cosa) TherebyThereby (a causa di ciò, in merito) (a causa di ciò, in merito) HenceforthHenceforth (d’ora in avanti) (d’ora in avanti) HeretoHereto (qui, a questo) (qui, a questo) In witness thereofIn witness thereof (in fede di ciò) (in fede di ciò) TheThe aforesaidaforesaid (di cui sopra) (di cui sopra)

Many terms are used exclusively or Many terms are used exclusively or predominantly within a legal predominantly within a legal context:context:– ToTo suesue (citare, fare causa) (citare, fare causa)– WarrantWarrant (ingiunzione, mandato, ordine) (ingiunzione, mandato, ordine)– SummonsSummons (mandato di comparizione) (mandato di comparizione)– BindingBinding (vincolante) (vincolante)– ToTo enactenact (emanare) (emanare)– DefaultDefault (inadempimento) (inadempimento)

Others can be seen to belong to Others can be seen to belong to the legal and other sectors:the legal and other sectors:– MortgageMortgage (ipoteca) (ipoteca)– MergerMerger (fusione) (fusione)– PatentPatent (brevetto) (brevetto)

LocutionsLocutions

Formulaic expressions of a Formulaic expressions of a ritualistic nature:ritualistic nature:– Given thatGiven that (dato che) (dato che)– In the evident ofIn the evident of (nel caso di) (nel caso di)– It is hereby certifiedIt is hereby certified (certifica) (certifica)– I, the undersigned, …I, the undersigned, … (il sottoscritto) (il sottoscritto)

Verbs + prepositions:Verbs + prepositions:– To lay downTo lay down (formulare) (formulare)– Pertaining toPertaining to (in riferimento a, (in riferimento a,

riguardo a)riguardo a)– To provide forTo provide for (provvedere, (provvedere,

prevedere)prevedere)

A number of fossilised expressionsA number of fossilised expressions Expressions of foreign or classical Expressions of foreign or classical

origin:origin:– Ordinary care and skillOrdinary care and skill (diligenza del (diligenza del

buon padre di famiglia)buon padre di famiglia)– Without let or hindranceWithout let or hindrance (senza alcun (senza alcun

impedimento)impedimento)– Malice aforethoughtMalice aforethought (premeditazione) (premeditazione)

– Force majeureForce majeure (forza maggiore) (forza maggiore)

– Inter aliaInter alia

Frequent use of twinned terms:Frequent use of twinned terms: Right and privilegesRight and privileges (diritti) (diritti) Aid and abetAid and abet (essere complice) (essere complice) Whereupon and whereforeWhereupon and wherefore (al che) (al che) Goods and chattelsGoods and chattels (ogni sorta di (ogni sorta di

beni mobili)beni mobili) Null and voidNull and void (nullo) (nullo)

Specialist vocabulary employedSpecialist vocabulary employed– Precision in the choice of Precision in the choice of

appropriate words and expressions appropriate words and expressions is essentialis essential

– Need to avoid ambiguityNeed to avoid ambiguity

Problems:Problems:– Culture-bound terminology…Culture-bound terminology…

Goal of a simplified, universally Goal of a simplified, universally intelligible legal Englishintelligible legal English

The Plain English Society runs the Plain English The Plain English Society runs the Plain English Campaign; this campaign is intended to reduce the Campaign; this campaign is intended to reduce the amount of jargon and deliberate obfuscation that amount of jargon and deliberate obfuscation that comes from specialised services. The Plain English comes from specialised services. The Plain English Society (www.plainenglish.co.uk) publishes on the web Society (www.plainenglish.co.uk) publishes on the web the A-Z guide of legal phrases. This guide is the A-Z guide of legal phrases. This guide is deliberately aimed at non-lawyers and non-specialist deliberately aimed at non-lawyers and non-specialist readers who need explanations for legal phrases used readers who need explanations for legal phrases used by lawyers practising the law in England and Wales. by lawyers practising the law in England and Wales. The Plain English Society describes itself as 'an The Plain English Society describes itself as 'an independent organisation fighting for crystal-clear independent organisation fighting for crystal-clear language and against jargon, gobbledygook and other language and against jargon, gobbledygook and other confusing language.' The Society awards an confusing language.' The Society awards an internationally recognised 'Crystal Mark' to award a internationally recognised 'Crystal Mark' to award a document for clarity of language. The Society has had document for clarity of language. The Society has had a major impact in Britain over the past few decades; a major impact in Britain over the past few decades; legal English is one of the Society's areas of focus.legal English is one of the Society's areas of focus.

All Britons need some basic understanding of the law; All Britons need some basic understanding of the law; most will encounter legal English in the form of most will encounter legal English in the form of employment contracts, credit agreements, loan employment contracts, credit agreements, loan agreements, mortgage contracts and rental agreements, mortgage contracts and rental agreements. Moreover, many Britons take an active agreements. Moreover, many Britons take an active interest in legal changes in those areas which touch interest in legal changes in those areas which touch everyday lives, for example, SUS laws (laws governing everyday lives, for example, SUS laws (laws governing whether someone can be stopped on suspicion of whether someone can be stopped on suspicion of committing a crime), property, anti-social behaviour, committing a crime), property, anti-social behaviour, financial matters, euthanasia, sexual activity, petty financial matters, euthanasia, sexual activity, petty crime, and motoring.crime, and motoring.

UK newspapers are a useful starting point for the UK newspapers are a useful starting point for the student of legal reporting; many high-profile crimes student of legal reporting; many high-profile crimes are followed in the press, and as TV cameras are as yet are followed in the press, and as TV cameras are as yet banned in British courtrooms, some reports may still banned in British courtrooms, some reports may still carry an artist's work depicting courtroom proceedings.carry an artist's work depicting courtroom proceedings.