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Foreword to Second Edition

The second edition of the (Students') Handbook of Legal Language written by Advocate Abhijeet Joshi is a well accepted book by the students and teachers. It provides a comprehensive explanation about the “Legal Language” a course taught at LLB level. The basic object of the legal education is to prepare an excellent lawyer with professional vision and skills. It was a wise decision of the Bar Council to include study of legal language as a compulsory course for LL.B. (3 years or 5 years Course). The language- as technique of communication is to be mastered by the students at the early phase of the law study; it helps the student to pursue his career as an advocate, judge, teacher, advisor, legislator, or researcher. The linguistic clarity and use of appropriate words in precise form is an essential skill in the era globalization.

The author has taken so much pain for writing such a useful book for law students. It is good that the author has followed the curriculum pattern of the Universities and also taken into account the examination pattern generally.

After reading the first edition, as I had instructed the author, while writing this foreword, to include legal essays which are generally handled by the law students as a part of internal or external examination. Author has included good essays, in this edition. For further edition, I would like to request him to give more essays along with the tips on how to write and develop legal essays.

I congratulate the author Advocate Abhijeet Joshi for writing a book and Mr. Ramesh Sethi for taking so much of labour in the publication of the book.

Prof.(Dr.) Vijay GhormadePrincipal, G.J. Adwani Law College, Mumbai University

Preface to Second EditionTwo years have passed since publication of the first edition under the

title Student’s Handbook of Legal Language. The book has received overwhelming response from students, legal professionals, non-legal professionals and lay people. This has encouraged the publisher and me to go for the second edition. The book has been renamed as ‘Handbook of Legal Language’ for its second edition to bring aptness to what it caters.

In these two years I have received suggestions relating to simplification, inclusion of few more terms and maxims, and inclusion of Legal Essays. Since publication of the first edition, I have been working on simple English in law. In this edition, I have strived to simplify the text to achieve wider acceptance. In the first edition, wherever any statutory provisions were referred, I had given those as they are. In this edition, for better understanding, I have put the provisions in simple language by avoiding the complexness of the statutory language. However, the reader should refer to the bare text of the legal provisions to crosscheck and ensure the exact language employed in the provisions.

In this edition, following terms and maxims are new: abetment, abduct, acquiesce, alibi, judgment in personam, judgment in rem, legal representative, pollution, representative, res sub judice, workman, omnis ratihabitio retrotrahiur et mandato priori aequiparatur, stare decisis et non quieta movere. In the first edition, the chapters were titled as 'Section'. In this edition I have titled the chapters as 'Chapter.' In this edition I have also added a chapter on Legal Essays containing ten essays. The subjects of the essays have been chosen randomly from important issues studied by me in my academic career.

While writing the first and this edition I have been fortunate to be guided by many people. I am grateful to Hon'ble District Judge Mr. Mahesh Lovekar. His suggestions proved valuable for the book. He took time out from his busy schedule to read the draft and correct the mistakes. I am grateful to Mr. Mahesh Vitekar, from Aurangabad for helping me simplify the book. I am also thankful to the publisher Mr. Ramesh Sethi of Hind Law House.

Thanks are due to many Advocates and sitting and retired Honourable Judges who have read the manuscript of the book and encouraged me with their guidance and suggestions. I would therefore be thankful and apologetic to all such honourable individuals who have obliged me by their valuable guidance but whose names I cannot mention here for reasons. I remain under their everlasting obligation.

Abhijeet Ambadas Joshi

About Legal LanguageLanguage is the way of communication by words, sounds, symbols, or signs. History of Language is older than history of Law. Therefore, meaning applied to certain legal terms are pre-existing in the language. These words are adopted in law either with their originality or with additions, subtractions, or combination of aspects such as, meaning, use, purpose, flavour, shade, history. The words carry their ordinary meaning, unless the context of law demands some other meaning.

The word legal in the term ‘Legal Language’ does not mean lawful. Lawful stands for legality. In ‘Legal Language’ however, it qualifies the word language, meaning by it, the Language of the Law.

So, Legal Language is the terminology or language used by the legal profession or language used in legal context. It includes the general words, complex legal terms, and words drawn from Latin, French and some other foreign languages. Legal Language means Language of the Law, so, the language of expressing law may differ from country to country and region to region.

Highlights of the book1. Simplicity – The book is written in simple English, increasing

by it, the readability and understanding. Law is usually written in hard, usually unnecessary, language. The book tries to avoid the unnecessary use of hard construction of sentences

2. Conciseness – The book contains short and concise sentences to aid readability and understanding. Short sentences make things easier to remember

3. Small Size, 4. Convenient to read, 5. Statute Index – Statute Index makes it easier to find statute

references in the book, 6. Subject index – Subject Index eases the search for a specific

keyword in the text, titles and subheadings, 7. For law students and other professionals this book is a gateway

of understanding of law.

Contents of the Book

1. Legal Language 2. Law 3. Legislation 4. Precedent 5. Custom 6. Introduction to Subjects of Law 7. Legal Maxims 8. Legal Terminology 9. Citations 10. Law Library 11. Abbreviations of Law Reports12. Legal Essays*

Legal Essays

The second edition of the book contains a new chapter on Legal Essays. Following are the essays in the chapter:

1. Right to Education, 2. Right to strike, 3. The problem of Uniform Civil Code in India, 4. Office of Profit, 5. Sustainable development, 6. Legal Issues in Cyber Space, 7. The need to amend the definition of state in the era of

privatization, 8. Safeguards against preventive detention in India, 9. Information Technology Act, 2000, and 10. Factors of Constitutional Government in India

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