Golovata O.M., Ignatenko L.Yu.
Studying Legalese as a
Part of English Language Syllabus for Students of Law
Process of
globalization resulted in English becoming the language of the international
business and law. After Ukraine became an active participant in the European
legal and political life the problem of professional training of a new
generation of lawyers has arisen. In the modern
world it is impossible to be an accomplished professional if you have not mastered al least one foreign language.
At the
advanced level of mastering English it is important for every language learner
to realize that each act of communication has its own aim. To achieve this aim
special vocabulary and stylistic means and devices should be selected. And to
do it effectively students of English should be acquainted with principal
functional styles. [2: 18-19Standard literary English counts such
major functional styles (systems of interrelated language means,
which serve a definite aim in communication):
the language of belles-lettres, of publicistic literature, of newspapers, of
scientific prose and the one of the official documents. The latter one or "officialese", is not homogeneous and is represented by some substyles. Among these substyles
there is the language of legal documents,
which is of particular interest for our analysis. [1:32-35; 312-318]
All professions have their own jargon. And so do lawyers. Although
lawyers come from a variety of backgrounds and do a variety of jobs, as a profession they often appear rather
remote and difficult to understand.
Perhaps one reason for this is a strange and incomprehensible language so many lawyers seem to write and speak. For
this specific language a special term Legalese was suggested and first used in 1914 as a name
for legal writing that is difficult for laymen to read and understand. [34:4]
Legalese is extremely important in today’s life, as it is the language of all
contracts and court proceedings; the officials during negotiations use it,
especially when they involve the interests of foreign countries.
Research into
the language of legal writing resulted in distinguishing special features and
the main peculiarities of the legal writing which are:
· using Latin and French terms (‘de facto’ - in fact; ‘inter
alia’ - among other things; ‘replevin’ — the right to take back goods
which were illegally removed);
·
using
technical terms ('subsidiarity');
·
using
old-fashioned words not much in general use (‘hereinafter’ - from now on; ‘the undermentioned’ - set out below / written below;);
·
using pairs
of words with a reciprocal relationship (lessor/lessee);
·
using legal
jargon (‘without prejudice to’) including the use of pairs of words ('terms
and conditions'), or triplets ('build, erect or construct');
·
having
special meanings for words in ordinary use ('peaceful enjoinment’-
using property without hindrance);
·
using long
sentences with little punctuation;
·
using vague
words ('provide a sufficient service');
·
inverting word
order (‘title absolute’);
·
using capital
letters to signal
important or defined terms ('the terms of the Lease')
·
avoiding personal pronouns ('you', 'we');
·
specific use of the modal verb 'shall'
to impose an obligation or duty on someone (‘The tenant shall not sub-let the
whole or part of the
premises.').[1: 35-36]
English language syllabus for students of law foresees studying and analyzing different types of legal writing: letters, memoranda, reports, texts from English law textbooks, recordings of trials and judgments as well as statutory provisions and international contracts. Students of law should be encouraged to do research studying characteristic features of Legalese prevailing in different types of legal texts and analyzing their role in achieving the purpose of communication. Senior students can be involved in extra curriculum activities studying different aspects of Legalese. Doing research under their tutor’s guidance will allow students of law to perfect their communication skills and prepare them for future self-studying work they will need to do after graduation.
One more important aspect of English language training should be taken into consideration. A lawyer in their professional activities will have to consult their clients, explaining different questions of law to them and giving advice. To do that a lawyer should be able to explain (we can say ‘translate’) things from Legalese to plain English).
There have been so many attempts to make legalese understandable for ordinary people that it caused the initiation of the plain English movement aimed at making this specific language easier. [5: 14] But, of course, there are always at least two points of view, so it is worth outlining some arguments for and against legalese.
First of all, it does not
communicate well with the public as ordinary people all over the world complain that they cannot understand court
proceedings or legal documents. On the other hand, requiring that all contracts, statutes and
other legal documents be understandable to the lay public is almost surely an
unrealistic goal. As the world around us becomes ever more complex, statutes inevitably are becoming longer, denser, and more specialized. What is
more, the law has to regulate relations between people who neither know nor trust each other and who are in unfamiliar
situations. It is an unfortunate
necessity that this sometimes requires complex language which has to be explained by experts. Nevertheless, there are statutory areas that are of intense
interest to the public. Examples
include the criminal law, as well as laws relating to the family, divorce, inheritance,
employment, civil rights, landlord-tenant relations, and consumer protection. Members of the public have a
right to a criminal code that they can understand.
In essence, as some opinions hold, there ought to be two criminal codes, one for the public and one for judges. It suggests that perhaps the job of lawyers, who are essentially bilingual, is
to translate legal language into
ordinary speech. At the same time, it
may be that the law cannot or should
not be stated too plainly. Lawyers
often argue that important nuances would be lost if the law were stated in
plain English. The language of the law is written not so much to be understood as
not to be misunderstood. In addition, legal language facilitates communication within the profession; it might be very time-consuming to try to explain the
entire law in fully understandable
language. And the last, it seems
likely that legalese will survive for a long time as rewriting laws is a slow and painstaking process. If there is an existing law which
has worked for a long time, even a law which contains old language in long and complex sentences, it is easier to
retain the old law than write a new
one. Even when a government draws up a new
law it is often guided by the wording of an older law. [3:15]
What is more legalese plays an
important role in the international communication between countries, especially
when we talk about international law and agreements where legalese is a working
language.
It is unwise to expect the
average person to understand statutes because it requires more than plain language. Professionals with a balanced
view on how to reform the language of the law say that this can be done either via simplification (making the language of
lawyers much more like ordinary language) or translation (leaving legal
language essentially as it is but providing
better translation to the public in ordinary language, when needed). Ultimately, people will probably need a bit of
each
So, we have come to a conclusion
that foreign language training of a professional lawyer should include a
thorough study and analysis of the
language of legal documents.
.
Bibliography cited
1.
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