Legal Language & General language DAVV new syllabus

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Legal Language

  • legal language is the language used by persons related to the law field or legal profession
  • language used by lawyers, judges, jurists, legislative draftsmen and other persons related to law fraternity is legal language
  • “a varietal system of technical terms, situations meanings, complicated procedural arrangements etc which communicate at least among the law men in a unique style imperceptibly interwoven with certain juristic traits and judicial qualities.” (N.R.Madhava Menon, quoted, Tandon & Behl 

WHEN 5 types of discourses / contexts in which legal language is used
  • the law giver to the judge and the counsel
  •  judge to the counsel and vice versa-judgments, briefs, courtroom exchanges and so on
  • Consultation among judges, counsels and men of law as part of legal discussions. This may be termed as informal as it takes place outside the court in the chambers of judges and advocates, offices of lawyers etc
  • Judge to the jury; counsel to the client and vice versa
  • Between ordinary citizens. This may include contracts, wills, agreements, bylaws, notices and other drafts

WHERE
  • legal documents: contracts, licences, etc.
  • court pleadings: summonses, briefs, judgments, etc.
  • laws: Acts of Parliament and subordinate legislation, case reports 
  • legal correspondence

TYPES of legal writing
  •  (a) academic legal writing as in law journals, 
  • (b) judicial legal writing as in court judgments, and 
  • (c) legislative legal writing as in laws, regulations, contracts, and treaties
Linguistic characteristics of the language of the law 
  • lexical, syntactical and pragmatic to fulfill the demands of the law
  • Legal lexicon is full of archaic words, formal and ritualistic usage, word strings, common words with uncommon meanings and words of over-precision
  • syntax of legal language is the formal and impersonal written style joined with considerable complexity and length. Complex structures, passive voice, multiple negations and prepositional phrases are extensively used in legal language.
  •  Legal writing is characterized by an impersonal style, with the extensive use of declarative sentences pronouncing rights and obligations.

normative nature of legal language Legal philosophers agree that legal language is a normative language. It is related to norm creation, norm production and norm expression. This means that the language used from law or legal sources is largely prescriptive

performative nature of legal language Closely related to the normative nature of law and legal language is the notion that language is performative. Law depends upon language, in particular the normative and performative nature of language. Words are not only something we use to say things, we also use them to do things.

The technical nature of legal language Legal language is a technical language and legal translation is technical translation involving special language texts

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Parts of Speech 
In English a sentence comprises of different word which belong to different category.
These categories are parts of speech, which when combined form a sentence
  1. Adverb - describe a verb
  2. Adjective - describe a noun of pronoun
  3. Verb - action words or state of subject
  4. Noun - word used to name a person, things, animal, places, ideas or event
  5. Pronoun - words that are replacement for noun
  6. Conjunction - join phrases, worse, clauses together
  7. Preposition - words that specify location or location of time
  8. Interjection - words that express emotions

Legal Drafting

“Drafting” refers to preparing written legal documents, such as contracts, agreements, pleadings, opinions, or other legal instruments. It is a specialised skill that requires practice and expertise to effectively communicate legal concepts and information.

The primary objective of drafting is to present a concise and accurate representation of the relevant facts and legal principles about a particular situation or issue. It involves organising and structuring the information logically and coherently, ensuring clarity and precision in the language used.

Principles of Legal Drafting
  • Clarity: Use clear, precise, and unambiguous language. Avoid complex and convoluted sentences.
  • Brevity: Be concise without sacrificing completeness. Eliminate unnecessary words and redundancies.
  • Consistency: Ensure consistent use of terms and phrases throughout the document. Define key terms and stick to those definitions.
  • Accuracy: Reflect the true intention of the parties or the legislative body. Verify factual and legal accuracy.
  • Structure and Organization: Use headings, subheadings, and numbering to organize content logically. Ensure a coherent flow of information.
  • Legal Validity: Ensure compliance with relevant laws, regulations, and legal principles. Check for enforceability.
  • Precision: Specify obligations, rights, and conditions clearly. Avoid vague or general terms.
  • Neutrality: Maintain an objective tone. Avoid subjective or emotive language.
  • Consistency with Precedent: Align with existing legal precedents and standard forms where applicable.
  • Anticipate Future Issues: Consider potential future scenarios and include provisions to address them.
  • Use of Defined Terms: Define key terms at the beginning or in a definitions section and use them consistently.
  • Proper Formatting: Adhere to formal requirements, including fonts, margins, and layout. Follow jurisdiction-specific formatting rules.
  • Readability: Ensure the document is easily readable by the intended audience, including non-legal professionals if applicable.
  • Review and Revision: Thoroughly review and revise drafts to catch errors, ambiguities, and inconsistencies. Seek feedback from peers or supervisors.
  • Ethical Considerations: Maintain ethical standards, ensuring the document does not promote or facilitate illegal activities.


    • https://www.jiwaji.edu/pdf/ecourse/law/2.%20What%20is%20Legal%20Language.pdf
    • https://link.springer.com/article/10.1007/s11196-023-10010-5