• HISTORICAL BACKGROUND OF LEGAL LANGUAGE

• MEANING AND SCOPE OF LEGAL LANGUAGE

• CHARACTERISTICS OF LEGAL LANGUAGE

• PROBLEMS OF LEGAL LANGUAGE

English is the predominant international language and it has a significant

role in the development of the legal language. Legal English is the style of
English used by lawyers and other legal professionals in the course of their
work. Legal language contains a number of unusual features which are
related to terminology, linguistic structure, punctuation etc.

HISTORICAL BACKGROUND OF LEGAL LANGUAGE

The development of legal English is closely connected with the history of

Great Britain. For several centuries English remained the spoken language
of the majority of the population, while almost all writing was done in
French or Latin.

During that period, legal English was influenced by Latin and French.
Following the Norman invasion of England in 1066, Anglo Norman France
became the official language of England. For the period of nearly 300
years, it was the language of legal proceedings. As a result many words
used in modern legal English are derived from Anglo Norman, such words
are property, chattel ,estate ,lease etc.

From 1066, Latin was the language of formal records and statutes. But it
was not the language of legal pleading or debate. The Statute of Pleading,
which was enacted in France in 1356, stated that all legal proceedings
should be in English, but recorded in Latin.

The influence of Latin can be seen in the number of words and phrases
such as Ad hoc, De facto, Bonafide etc. which remain in current use in
writing. English was adopted for different kinds of legal documents at
different times. Wills (वसीयत) began to be written in English in about 1400.
Statutes were written in Latin until about 1300, in French until 1485, in
English and French for a few years and in English alone from 1489.
 According to, Proceedings in the Court of Justice Act, 1730. Latin was
replaced by English. As a result new branches of law such as commercial
law began to be developed entirely in English.

MEANING AND SCOPE OF LEGAL LANGUAGE

Legal language means the language which is being used by a person

engaged in the legal profession. Law is a technical subject and it has its
specific language and terminology (शब्दावली). The interpretation (व्याख्या) of
law is carried out by means of a specific language called legal language.

The scope and extent of legal language is very much wide, because the
legal language deals with the common man. There is a general conception
(धारणा) regarding the legal language that a common man cannot
understand the legal language as it is a technical subject. Only the legal
experts are able to understand the technicality of legal language because
they possess the skill to understand it.

Different types of people come within the ambit of the legal language.
However, some of the people are compulsorily legal experts and some of
the people are not compulsorily legal experts in the absence of knowledge
of law.

In modern society there are two categories of people –

i) those who are affected by law and;

ii) those who deal with law (legal experts).

There are 5 dimensional communications in the field of law.

1. The first dimension is the law makers, then the judges who implement it
and legal advisers are the contributors in the communication of the
provisions of the law.
2. The second dimension is the interaction which takes place between the
judges and the legal advisers. This can be formal or informal. In the courts
exchange of views do occur between the judges and the advocates.
3. The third dimension is informal advice or exchange of views between two
or more advocates in their office or the exchange of views among the legal
experts. This kind of communication is informal, however technical.
4. The language of the fourth dimension is simple. This type of
communication takes place between ordinary citizens and legal advisers.
5. The last and fifth dimension of the communication exists upon ordinary
citizens, which are expressed in contracts, wills and information.

CHARACTERISTICS OF LEGAL LANGUAGE

Legal language is sometimes difficult to understand because of the usage

of a large number of difficult words and phrases. Legal Language employs
a great deal of technical terminology which is unfamiliar to the layman and
most of these terms are derived from French and Latin.

Thus, the main characteristics of legal Language are as follows :

1. Sentences often have peculiar (unique) structures. The influence of French

grammatical structures is a contributory reason for this factor.
2. Punctuation is used sufficiently particularly in consequences and deeds. In
modern legal drafting punctuation is used to clarify the meaning of the
words.
3. Foreign phrases are sometimes used instead of English phrases. such
as Inter alia is used instead of among others.
4. Older words like here of, thereof, whereof are used in legal English
primarily to avoid repeating names or phrases. like the parties here too.
5. Modifiers such as the same, the said, the aforementioned etc. are very
frequently used as adjectives to determine the noun. For example – the
said Mr. A.
6. Legal English contains some words such as employer and employee,
lesser and lessee in which the opposite nature of the relationship is
indicated by the use of alternative endings, such as -er, -or, -ee.

PROBLEMS OF LEGAL LANGUAGE

There are many problems relating to the legal language, these are as
follows:

• Problem due to Uncertainty and Doubt – There are a number of words

which have uncertain meanings and thus problems arise. For example the
 word ‘right’ has been used for giving about half a dozen meanings and
there is no more ambiguous word than ‘right’ in legal literature.
• Problem due to Incompleteness of the Human Language – Legal
language is a part of the language which has been made by the human
beings. Therefore incompleteness of the language affects its expressions
and due to such incompleteness true interpretation could not be made.
• Problem due to change in the meaning of words from time to time –
The meaning of many words gets changed as time passes, meaning of
some words become narrow and meaning of some words get widened and
also meaning of some words are modified. such as the word ‘asylum’ is
used as a place for any kind of shelter but with the passage of time the
word ‘asylum’ is used for a place where mentally sick people stay for
treatment, however its old meaning has not disappeared.
• Problem Arising Due to Regional or Limited meaning of the words –
Perhaps there is no word of such uncertain meaning having two or more
definitions even though its meaning is ambiguous. The words appearing to
be antonyms could not be defined correctly and perfectly. For example –
‘white’ and ‘black’, ‘night’ and ‘day’, ‘open’ and ‘close’, etc. Prima facie it
appears that these words are complete mutually. For instance – a door
may be either closed or opened or it may be ‘ajar’ (slightly opened).
• Problem Due to Humpty Dumpty use of words – Interpreters play
humpty dumpty with the words. For example – In legal proceedings the
word ‘action’ is not used in the sense in which ordinarily its meaning or
understood. There are many such words which are used by the legal
advisers with a totally different meaning from their ordinary meanings. such
as Consideration, Satisfaction, Brief, Radio, Award, etc.
• Problem Due to Rhetoric Language – Art of expression or efficiency in
speaking is considered to be synonymous with the legal language. The
judgments of Courts are full of rhetoric. In fact among all specific languages
the legal language contains a web of words or is jargon ridden.
• Problem Due to Verbosity – Sometimes, to express a view, two or more
words are used differently. In several documents irritative words are
unnecessarily used such as executor, heir, assigns and administrator.
These words are still in use despite a change having been incorporated in
law.

There are many examples of verbosity as the following:

Verbose Expression:- Exact Expression

1. Give consideration to:- Consider
2. Give goods to:- Delivery

• Problem Due to use of Legalistic Language – It has been seen that

while drafting, mostly the legal language is used. Consequently, the legal
language does not remain ordinary language for people and such mode of
legal language is problematic indeed. therefore, These errors can be seen
in the comparative illustrations as given below:

Legalistic:- Ordinary

1. Be unable to:- Cannot

2. Adequate number of :- Enough
3. Be empowered to:- May
4. Per annum:- Per year

SOCIAL IMPORTANCE OF LAW & LANGUAGE

Law and language have an important place in society. They play an

important role in determining social relations. Language is an arrangement
of symbols of sound by which humans establish communication with each
other. Law and language are the essential elements for systematic
formation of a society and its stability.

Language provides communication within the society. Law settles the

conflicting interest in the society and helps in the existence of the society
whereas language also provides peace and harmony in the society; law
maintains a conducive (good) atmosphere. Law as a social arrangement is
an important tool for social control and its ultimate aim is social welfare.

IMPORTANCE OF LANGUAGE FOR LAW

Law is made by means (help) of language. Law is controlled by logic. It is

an admitted fact that the working of the advocate is attached to words.
Words are not only the instruments of thoughts but they also control them.
Advocates adopt language which makes his interpretation and construction
strong.

Thus the words are not objects themselves but are means to achieve the
objects. Law by means of language establishes social control and also
performs its working. It is a universal fact that the scope or use of language
in law is very wide. Interpretation (explanation) of statute is done by means
of language which is called legal language.

CONCLUSION

Therefore, Legal language is used by persons connected to the legal

profession such as lawyer, jurist, and the legislative draftsman in their
professional capacities. And despite many ambiguities and toughness it
plays a very crucial role in the Indian legal system.