Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary

natural language In neuropsychology, linguistics, and philosophy of language, a natural language or ordinary language is any language that has evolved naturally in humans through use and repetition without conscious planning or premeditation. Natural languages ...

in vocabulary, morphology,

syntax In linguistics, syntax () is the study of how words and morphemes combine to form larger units such as phrases and sentences. Central concerns of syntax include word order, grammatical relations, hierarchical sentence structure ( constituency) ...

, and semantics, as well as other linguistic features, aimed to achieve consistency,

validity Validity or Valid may refer to: Science/mathematics/statistics: * Validity (logic), a property of a logical argument * Scientific: ** Internal validity, the validity of causal inferences within scientific studies, usually based on experiments ** ...

, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete

meaning Meaning most commonly refers to: * Meaning (linguistics), meaning which is communicated through the use of language * Meaning (philosophy), definition, elements, and types of meaning discussed in philosophy * Meaning (non-linguistic), a general te ...

, and open upgrade. However, Legal English has been referred to as a "sublanguage", as Legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other". The term legal ese, on the other hand, is a term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend". This term describes legal writing which may be cluttered, wordy, indirect, and may include unnecessary technical words or phrases.Bain Butler, 2013, p.32. Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation. For this reason, the traditional style of legal writing has been labeled reader-unfriendly. Proponents of plain English/ plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".Wydick, 2005b, p.3. These four Cs describe "characteristics of good legal writing style" in the United States. There are different kinds (genres) of legal writing: for example, academic legal writing as in law journals, juridical legal writing as in court judgments, or legislative legal writing as in laws, regulations, contracts, and treaties. Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.Goddard, 2010. For lawyers operating internationally, communicating with clients and other professionals across cultures requires a need for transnational legal awareness and transcultural linguistic awareness. Whatever the form of legal writing, legal skills and language skills form a vital part of higher education and professional training. Legal English has particular relevance when applied to legal writing and the drafting of written material, including: * legal documents: contracts,

licence A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...

s, etc. * court pleadings:

summons A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...

es, briefs, judgments, etc. * laws: acts of parliament and subordinate

legislative act Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as ...

s, case reports * legal correspondence:

cease and desist A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not dis ...

letters Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of

international business International business refers to the trade of goods, services, technology, capital and/or knowledge across national borders and at a global or transnational scale. It involves cross-border transactions of goods and services between two or more ...

, as well as its role as a legal language within the European Union, Legal English is now a global phenomenon. It may informally be referred to as lawspeak.

Historical development

In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the

conquest Conquest is the act of military subjugation of an enemy by force of arms. Military history provides many examples of conquest: the Roman conquest of Britain, the Mauryan conquest of Afghanistan and of vast areas of the Indian subcontinent, t ...

beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the

Roman departure from Britain The end of Roman rule in Britain was the transition from Roman Britain to post-Roman Britain. Roman rule ended in different parts of Britain at different times, and under different circumstances. In 383, the usurper Magnus Maximus withdrew tr ...

circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (

Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlement of Britain, Anglo ...

), and written in Old English since circa 600, beginning with the

Law of Æthelberht The Law of Æthelberht is a set of legal provisions written in Old English, probably dating to the early 7th century. It originates in the kingdom of Kent, and is the first Germanic-language law code. It is also thought to be the earliest exampl ...

. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until the

Pleading in English Act 1362 The Pleading in English Act 1362 (''36 Edw. III c. 15''), often rendered Statute of Pleading, was an Act of the Parliament of England. The Act complained that because the Norman French language was largely unknown to the common people of England ...

(and continued in minor use for another 300 years), while Medieval Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details). In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period had an enduring influence on the general

linguistic register In sociolinguistics, a register is a variety of language used for a particular purpose or in a particular communicative situation. For example, when speaking officially or in a public setting, an English speaker may be more likely to follow pres ...

of modern legal English. That use also accounts for some of the complex linguistic structures used in legal writing. In 1362, the

Statute of Pleading The Pleading in English Act 1362 (''36 Edw. III c. 15''), often rendered Statute of Pleading, was an Act of the Parliament of England. The Act complained that because the Norman French language was largely unknown to the common people of England ...

was enacted, which stated that all legal proceedings should be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, although Law French became increasingly degenerate. From 1066, Latin was the language of formal records and

statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

, and was replaced by English in the Proceedings in Courts of Justice Act 1730. However, because only the highly-educated were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as '' ad hoc'', '' de facto'', '' de jure'', ''

bona fide In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...

'', ''inter alia'', and '' ultra vires,'' which remain in current use in legal writing (see Legal Latin).

Style

In 2004, David Crystal proposed a stylistic influence upon English legal language. During the Medieval period, lawyers used a mixture of Latin,

French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...

and English. To avoid ambiguity, lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), and "will and testament" (English/Latin). Examples of English-only doublets are "let and hindrance" and "have and hold". Modern English vocabulary draws significantly from Germanic languages, French, and Latin, the lattermost often by way of French. These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style. Further, legal English is useful for its dramatic effect: for example, a subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"; the "peril" is not described (being arrested and held in

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...

) but the formality of the language tends to have a stronger effect on the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up". Whereas legal language in the Medieval period combined Latin, French, and English to avoid ambiguity. According to Walter Probert, judicial lawyers, roughly starting in the twentieth century, often manipulate the language to be more persuasive of their campaign ideals.

Key features

As noted above, legal English differs greatly from standard English in a number of ways. The most important of these differences are as follows: * Use of terms of art. Legal English, in common with the language used by other trades and professions, employs a great deal of technical terminology which is unfamiliar to the layman (e.g. '' waiver,

restraint of trade Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord S ...

restrictive covenant A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a se ...

promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...

''). Much of this vocabulary is derived from French and Latin. * These terms of art include ordinary words used with special meanings. For example, the familiar term ''

consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...

'' refers, in legal English, to contracts and means ''an act, forbearance or promise by one party to a contract that constitutes the price for which the promise of the other party is bought'' (Oxford Dictionary of Law). Other examples are ''construction, prefer, redemption, furnish, hold,'' and ''find''. * Lack of punctuation. One aspect of archaic legal drafting, particularly in conveyances and

deed In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ...

s, is the conspicuous absence of punctuation. It is noteworthy that this appears to be a continuing problem in deeds in England and Wales, especially wills. In Scotland, however, the fashion of avoiding punctuation has been almost completely given up, which makes documents much easier to follow. Lack of punctuation can lead to uncertainty and ambiguity more than its presence. In England, the practice of avoiding punctuation arose from the perception that the meaning of legal documents should be contained only in the words used and that punctuation created ambiguity. Another reason was the concern that punctuation could be added undetectably to a document after it came into effect and so alter its meaning. Therefore, the presence of punctuation could be used to detect any tampering with the original document. Punctuation is more commonly used in modern legal drafting to clarify the

of any particular sentence. * Use of doublets and triplets. The mix of languages used in early legalese led to the tendency in legal English to string together two or three words to convey a single legal concept. Examples are ''null and void'', ''fit and proper'', ''(due) care and attention'', ''perform and discharge'', ''terms and conditions'', ''controversy or claim'', ''promise, agree and covenant'' and ''cease and desist''. While originally being done to help all lawyers regardless of the language they spoke (English, French, or Latin), it now often joins words with identical meanings. * Unusual word order. There is a noticeable difference in the word order used compared to standard English. For example, ''the provisions for termination hereinafter appearing'' or ''will at the cost of the borrower forthwith comply with the same''. * Use of unfamiliar pro-forms. For example, ''the same, the said, the aforementioned'' etc. The use of the terms often do not replace the noun but are used as adjectives to modify the noun. For example, ''the said John Smith''. * Use of

pronominal adverbs A pronominal adverb is a type of adverb occurring in a number of Germanic languages, formed in replacement of a preposition and a pronoun by turning the former into a prepositional adverb and the latter into a locative adverb, and finally joini ...

. Words like ''hereof, thereof,'' and ''whereof'' (and further derivatives, including ''-at, -in, -after, -before, -with, -by, -above, -on, -upon'') are not often used in standard English. Their use in legal English is primarily to avoid repeating names or phrases, such as ''the parties hereto'' instead of ''the parties to this contract''. * ''-er, -or,'' and ''-ee'' name endings. Legal English contains some words and titles, such as employer and employee; lessor and lessee, in which the reciprocal and opposite nature of the relationship is indicated by the use of alternative endings. * Use of

phrasal verbs In the traditional grammar of Modern English, a phrasal verb typically constitutes a single semantic unit composed of a verb followed by a particle (examples: ''turn down'', ''run into'' or ''sit up''), sometimes combined with a preposition (ex ...

. Phrasal verbs play a large role in legal English and are often used in a quasi-technical sense, such as ''parties enter into contracts, put down deposits, serve'' ocuments''upon other parties, write off debts, attend at locations'', and so on. * Operation within a specific disciplinary value system delimited by professional, epistemological and pragmatic concerns (use of ''reasonable'', ''proper'', ''clear'', ''appropriate'', etc.).

Education

Because of the prevalence of the English language in international business relations, as well as, its role as a legal language globally, a feeling has existed for a long period in the international legal community that traditional English language training is not sufficient to meet lawyers’ English language requirements. The main reason for this is that such training generally ignores the ways in which English usage may be modified by the particular demands of legal practice – and by the conventions of legal English as a separate branch of English in itself. As a result, non-native English speaking legal professionals and law students increasingly seek specialist training in legal English, and such training is now provided by law schools, language centres, private firms and podcasts that focus on legal language. The UK

TOLES The Test of Legal English Skills (TOLES) is a series of practical and profession-led English examinations for lawyers and law students. The TOLES exams are issued by Global Legal English, who are members of the International Division of the Law Soc ...

examination was set up to teach legal English to non-native English speakers. The exams focus on the aspects of legal English noted as lacking by lawyers. An annual

Global Legal Skills Conference The Global Legal Skills Conference is a resource for law professors, ESL professionals, and other who teach international legal skills and legal writing to persons who speak English as a second language. The GLS Conference Series also includes awar ...

was also established as a forum for professors of Legal English and other skills professionals to exchange information on teaching methods and materials.

References

Footnotes

References

* Bain Butler, D. (2013). ''Strategies for clarity in legal writing''. Clarity 70. Aspen Publishers: New York. * Bain Butler, D. (2015). ''Developing international EFL/ESL scholarly writers''. * Bhatia, V. K. (1993). ''Analyzing genre: Language in professional settings''. London: Longman. * Goddard, C. (2010). ''Didactic aspects of legal English: Dynamics of course preparation''. In M. Gotti and C. Williams (Eds.), ''ESP across cultures pecial issue Legal English across cultures'': Vol. 7, 45-62. * Oates, L. & Enquist, A. (2009). ''Just writing: Grammar, punctuation, and style for the legal writer'' (Rev. ed.). New York, NY: Aspen Publishers. * Ramsfield, J. (2005). ''Culture to culture: A guide to U.S. legal writing''. Durham, NC: Carolina Academic Press. * Tiersma, P. (1999), ''Legal language'' (as cited in Wydick, 2005b). * Wydick, R. (2005b). ''Plain English for lawyers: Teacher's manual'' (5th Ed.). Durham, NC: Carolina Academic Press.

External links

{{wikt, legalese
Strategies for clarity in legal writing
Clarity 70, p. 31 * M Pasternak, C Rico,
Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis
, 23 Akron Tax Journal, 33 (2008). * The

' (2006) by Rupert Haigh and published by Oxford University Press. *
English Style Guide
for the European Commission. *
programming language
to generate legal English from code.
Teaching legal English vocabulary
Ruth Breeze (ESP Today, 2015). English-language education Legal communication English language English legal terminology English for specific purposes Dialects of English

Historical development

Style

Key features

Education

See also

References

Footnotes

References

Further reading

External links