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Modern legal English has it root in the history of the development of English as a legal language. In prehistoric Britain, traditional common law was discussed in the vernacular . After the Norman Conquest of English in 1066, the common law began to develop, which, however, lacked uniformity and stability . Along with the development of written reports of the cases, the courts began to look to previously decided cases to assist them in coming to a decision and thus developed the doctrine of stare decisis . This doctrine of stare decisis is a major factor which has caused English to play such a pivotal role in the common law and to develop into a new sublanguage — legal English.
Legal English differs from standard international English in that it refers to the style of English used by legal professionals in their work. For example, the language used in international contracts and statutes can also be referred to as“ legalese ”. Legal English has long been considered a necessary skill for lawyers in English-speaking countries; however, due to the emergence of English as the language of international business it is becoming a necessary skill for all legal international professionals to consider acquiring.
Traditionally the law has always had its own“language” used and understood only by legal professionals internationally, whether this be Latin, English, French or a combination of other languages. This legal language has changed and adapted with the various conquering countries in the past. Each influence has contributed significantly to the international language we call Legal English today and forms the basis of its distinctive style. When explored further, it is clearly possible to see how common terms in international Legal English today such as “ Will and Testament ” have developed from a combination of the languages that exist only in the Legal world.
There are a number of differences between Legal English and standard international English. Firstly, some words in standard international English have entirely different meanings when used in a legal context. One example of this is the use of the word“ consideration ” which means thinking about others in standard international English, but when used with regard to a contract refers to the thing of value that passes between people in exchange for something. Secondly, there are the words that are only used in an international legal context and would not be used or understood in everyday life by persons without legal training such as “ tort ” and “ restrictive covenant ”. There is also the distinct lack of punctuation in legal documents and differing word order. This would cause great confusion to a person who has only taken a standard international English course and had no understanding of Legal English. In fact there are a number of grammatical differences, another example being the use of the word“ said ” in the phrase“the said Martin O'Leary.” Finally and most obviously there is the use of words and phrases in other languages altogether, for example “stare decisis.”
The formality of Legal English helps emphasize the importance and significance of certain international documents, for example, declarations . It makes the person signing the document, particularly if they are not legally trained, consider the document more carefully and appreciate the significance of it. However it must not be forgotten who the document is actually intended for; whilst the use of international Legal English will result in a formal, impressive and intimidating document, if it causes confusion for the client then neither the document nor the legal professional are correctly fulfilling their role. Someone who does not understand international Legal English will struggle to create, or interpret, a legal document that balances a need for formality with the client's requirements and understanding.
There is some international debate as to the necessity of Legal English as there is the argument that the law should be conducted in an international language that is easily understood by the general public. However as mentioned above there is the advantage that the use of Legal English gives a document an authority that standard international English will not be able to do. Also, without an understanding of Legal English it would be impossible to correctly understand and interpret the extensive laws made previously.
Despite the continuing international debate regarding the use of international Legal English it is clear that it is the professional language of the legal profession and thus an important skill for any legal professional to acquire. International Legal English is ingrained in the profession whether this be a positive or negative thing and remaining ignorant of it will only result in a less effective and efficient legal professional.
vernacular [vəˈnækjələ(r)] n. 方言，土话
uniformity [ˌju:nɪ'fɔ:mətɪ] n. 一致性
stability [stəˈbɪlətɪ] n. 稳定性
the doctrine of stare decisis 遵循先例的原则
statute [ˈstætʃu:t] n. 法规；法令；条例
legalese [ˌlɪɡəˈlɪz, -ˈlɪs] n. 法律行话
emergence [ɪ'mɜ:dʒəns] n. 出现；形成
will [wɪl] n. 遗嘱
testament [ˈtestəmənt] n. 遗嘱; 证明
consideration [kənˌsɪdəˈreɪʃn] n. 对价；约因
tort [tɔ:t] n. 侵权行为
restrictive covenant [rɪˈstrɪktɪv ˈkʌvənənt] n. 限制性条款；约束性规定
punctuation [ˌpʌŋktʃuˈeɪʃn] n. 标点符号
said [sed] adj. (合同，申诉等)前述的
formality [fɔ:ˈmælətɪ] n. 正式
declaration [ˌdekləˈreɪʃn] n. 声明
intimidating [ɪnˈtɪmɪdeɪtɪŋ] adj. 令人生畏的，有震慑力的
client [ˈklaɪənt] n. 委托人，当事人
authority [ɔ:ˈθɒrətɪ] n. 权威性
ingrained [ɪnˈgreɪnd] adj. 根深蒂固的
1. Legal English refers to the language only used by lawyers. ( )
2. Generally speaking there is no significant difference in word meaning when some words are used in legal context and in everyday life. ( )
3. Some words in legal context can only be understood or used by legal professionals.
( )
4. In legal documents, punctuation is very important and has to be carefully used. ( )
5. Word order in legal documents should be exactly the same as what is said in grammar books that ordinary people use. ( )
6. In Legal English, there are quite a few words from other languages. ( )
7. The use of legal English in legal context is merely to intimidate clients. ( )
8. Written in legal English, the legal documents are more authoritative than ordinary writings using everyday English. ( )
9. Even if people do not have any legal training, they can understanding Legal English well because it is merely a branch of English. ( )
10. Legal English is not necessary for all legal professionals as long as they have a sound
understanding of laws.
1. accord
2. acquire
3. composition
4. discharge
5. enter into
6. grace
7. infant
8. principal
9. secure
10. without prejudice to