Legal English is the type of

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

as used in

legal writing Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of lega ...

. In general, a legal language is a formalized language based on

logic Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from prem ...

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 ...

vocabulary A vocabulary is a set of familiar words within a person's language. A vocabulary, usually developed with age, serves as a useful and fundamental tool for communication and acquiring knowledge. Acquiring an extensive vocabulary is one of the ...

, 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 ( constituenc ...

, and

semantics Semantics (from grc, σημαντικός ''sēmantikós'', "significant") is the study of reference, meaning, or truth. The term can be used to refer to subfields of several distinct disciplines, including philosophy, linguistics and comput ...

, as well as other linguistic features, aimed to achieve

consistency In classical deductive logic, a consistent theory is one that does not lead to a logical contradiction. The lack of contradiction can be defined in either semantic or syntactic terms. The semantic definition states that a theory is consistent ...

, validity, completeness and

soundness In logic or, more precisely, deductive reasoning, an argument is sound if it is both valid in form and its premises are true. Soundness also has a related meaning in mathematical logic, wherein logical systems are sound if and only if every formu ...

, while keeping the benefits of a human-like language such as intuitive execution, complete meaning, 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 English (or layman's terms) are groups of words that are to be clear and easy to know. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, ...

plain language Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible. Plain language strives to be easy to read, understand, and use. It avoids verbose, convoluted language and jargon. In many countr ...

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 Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. 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 Briefs (or a brief) are a type of short, form-fitting underwear and swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric that runs along the pe ...

judgments Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotl ...

, etc. * laws:

acts of parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...

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 Bill(s) may refer to: Common m ...

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 disc ...

letters Legal English has traditionally been the preserve of lawyers from

English-speaking countries The following is a list of English-speaking population by country, including information on both native speakers and second-language speakers. List * The European Union is a supranational union composed of 27 member states. The total E ...

(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 mor ...

, as well as its role as a legal language within the

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...

, Legal English is now a global

phenomenon A phenomenon ( : phenomena) is an observable event. The term came into its modern philosophical usage through Immanuel Kant, who contrasted it with the noumenon, which ''cannot'' be directly observed. Kant was heavily influenced by Gottfrie ...

. It may informally be referred to as lawspeak.

Historical development

prehistoric Britain Several species of humans have intermittently occupied Great Britain for almost a million years. The earliest evidence of human occupation around 900,000 years ago is at Happisburgh on the Norfolk coast, with stone tools and footprints prob ...

, 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 Roman Britain was the period in classical antiquity when large parts of the island of Great Britain were under occupation by the Roman Empire. The occupation lasted from AD 43 to AD 410. During that time, the territory conquered wa ...

(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, ...

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 Anglo-Saxon law (Old English ''ǣ'', later ''lagu'' "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early ...

, 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 settlers in the mid-5th ...

), 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 (and continued in minor use for another 300 years), while

Medieval Latin Medieval Latin was the form of Literary Latin used in Roman Catholic Western Europe during the Middle Ages. In this region it served as the primary written language, though local languages were also written to varying degrees. Latin functioned ...

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 Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...

, 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 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 Engla ...

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 Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...

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 ...

, and was replaced by English in the

Proceedings in Courts of Justice Act 1730 The Proceedings in Courts of Justice Act 1730 (''4 Geo II. c. 26'') was an Act of the Parliament of Great Britain which made English (instead of Law French and Latin) the obligatory language for use in the courts of England and in the court of e ...

. 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 Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.) Com ...

'', ''

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...

'', ''

de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...

'', ''

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 ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...

,'' which remain in current use in legal writing (see Legal Latin).

Style

In 2004,

David Crystal David Crystal, (born 6 July 1941) is a British linguist, academic, and prolific author best known for his works on linguistics and the English language. Family Crystal was born in Lisburn, Northern Ireland, on 6 July 1941 after his mother had ...

proposed a stylistic influence upon English legal language. During the

Medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...

period, lawyers used a mixture of

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 A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

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 Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...

. 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 In religious organizations, the laity () consists of all members who are not part of the clergy, usually including any non-ordained members of religious orders, e.g. a nun or a lay brother. In both religious and wider secular usage, a layper ...

(e.g. ''

waiver A waiver is the voluntary relinquishment or surrender of some known right or privilege. Regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For example, a United St ...

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 Sm ...

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 s ...

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'' declar ...

'' refers, in legal English, to

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

s 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 Punctuation (or sometimes interpunction) is the use of spacing, conventional signs (called punctuation marks), and certain typographical devices as aids to the understanding and correct reading of written text, whether read silently or aloud. A ...

. 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 transferrin ...

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 meaning 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 In linguistics, word order (also known as linear order) is the order of the syntactic constituents of a language. Word order typology studies it from a cross-linguistic perspective, and examines how different languages employ different orders. C ...

. 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. 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 ...

. 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 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 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