LectureLoading…

Characteristics of legal language: precision, its devices and its defects

LUG-105 English and Legal Language, Unit I: Characteristics of legal language. · LLB · 60 min

The features that mark legal language off from everyday English - terms of art, Latin and French borrowings, archaic words, doublets and triplets, long sentences, nominalisation, the impersonal tone, repetition instead of pronouns, definitions clauses and the drafting words "shall", "may", "deemed", "notwithstanding" - and the one purpose behind them all: precision and certainty.

The lecture then turns the list round to show the defects these features create, the plain-English movement that answers them, why precision matters in contracts and statutes, and statutory interpretation (literal, golden, mischief) as a problem of language. This is the most heavily examined topic of Unit I.

Objectives

Slides

  1. One purpose behind every feature: precision and certainty
  2. Vocabulary I: terms of art and ordinary words with special meanings
  3. Vocabulary II: Latin, Law French and the Indian layer
  4. Archaic words, formal openings, doublets and triplets
  5. Grammar and style: long sentences, nominalisation, the impersonal voice
  6. The drafting words: shall, may, must, deemed, notwithstanding, subject to, provided that
  7. The defects of legal language
  8. The plain-English movement and the Indian response
  9. Precision in contracts and agreements
  10. Statutory interpretation as a language problem: literal, golden, mischief
  11. Exercise: keep the precision, lose the legalese
  12. How the examiner asks it

Loading the lecture…