Topics to discuss about Legal English 1.Why study law? 2.Connection of law to English 3.Branches of Law 4.Types of evidences 5.History and origin of legal language 6.Characteristics of Legal Language 7.Judiciary of the Philippines 8.Legal Terms

CONNECTION OF LAW TO ENGLISH

LANGUAGE

Magical language of words of stipulation and oaths that should have impressed its subjects and submit them in awe to its absolute obedience. Now it may be said that the awe has disappeared, but the magic of the law somehow persists, mainly due to it’s so called vices- unintelligibility or wordiness.

Legal Positivism argues that all actions are

covered by law based on the principle that what is not prohibited by the law is permitted.

The society is inter-bound by an enormous number of agreements, arrangements and contracts, stating and implying rights and duties of its parties.

To give them the mark of a formality, to regulate them, there is Law with its provisions. As the main functions of the law are the performative and normative, it is necessary for law to be able to communicate its norms to their addresses.

This happens through Language. In everyday situations, the law and the language of its norms, regulations and law’s priests-lawyers-are still somewhere near.

Nowadays, English is the Latin of today. Although in certain cases English serves as the ‘neutral’ language of legal agreements that general understanding of English.

Legal English and ordinary English are not identical languages and the mastery of ordinary English does not mean a mastery of legal English.

The relationship between the language and the law is mutual: the legal system influences the nature of the legal language and the legal language- the language of the legal discourse-influences the system. Language of law is a system-and

culture-bound language for special purposes

THE NATURE OF LEGAL LANGUAGE

• Cao (2007, 13-20) classifies legal language with respect to the nature of its use that can be described as normative, performative and technical.

1.NORMATIVE: The language of law is used to impose

rights and obligations; it is largely prescriptive. Law’s basic function is to regulate

human behavior and human relations. Law as a set of prescriptions having the

form of imperative defining and enforcing the arrangements, relationships, procedures and patterns of behavior that are to be followed in a society.

2. PERFORMATIVE Speech is not only words but

also actions. By uttering certain words, the

facts may be changed. Legal effects and legal

consequences are commonly obtained by merely uttering certain words.

3. TECHNICAL The question of technicality of legal

language is not perceived consistently. The chief differences may be discussed in

relation to the following aspects: 1.Speakers 2.Stylistic differences

a)Specific vocabulary- terminology issues

b)Syntactic structures

SPEAKERS

The Language of law is a language of legal norms and related discourse. The language of legal norms is that of legislation, judicial decisions or contracts. It is said that it is the language created and

used specifically by lawyers. Although the lawyers from the core of the language-of-law-speaking community, legislation, for example, is influenced by people with no legal educational background, yet who adopt the legal terminology and expressions to a certain extent.

3 types of Legal Language users: 1.Legislators- all those who create

the laws in the written form and who have real influence on definitions of legal terms.

2.Judiciary- judges and people who influence the written judgments

3.Lawyers