The nature of legal language
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Peter Tiersma
Abstract
Legal languages are inevitably products of the history of the nation or state in which they are used, as well as the peculiar developments of the legal system in question. In terms of features, they tend to be characterized by minor differences in spelling, pronunciation, and orthography; long and complex sentences, often containing conjoined phrases or lists, as well as passive and nominal constructions; and a large and distinct lexicon. The profession has developed distinct traditions on how its language should be interpreted. In terms of style, the language of the law is often archaic, formal, impersonal, and wordy or redundant. And it can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter.
Abstract
Legal languages are inevitably products of the history of the nation or state in which they are used, as well as the peculiar developments of the legal system in question. In terms of features, they tend to be characterized by minor differences in spelling, pronunciation, and orthography; long and complex sentences, often containing conjoined phrases or lists, as well as passive and nominal constructions; and a large and distinct lexicon. The profession has developed distinct traditions on how its language should be interpreted. In terms of style, the language of the law is often archaic, formal, impersonal, and wordy or redundant. And it can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter.
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction 1
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Part I. The language of the law
- The nature of legal language 7
- Language education for law professionals 27
- The language and communication of jury instruction 47
- Policespeak 67
- Legal translation 95
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Part II. The language of the court
- Questioning in common law criminal courts 115
- Bilingual courtrooms: In the interests of justice? 131
- The silent witness: Pragmatic and literal interpretations 161
- Language and disadvantage before the law 179
- Interpreting for the minority 197
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Part III. Forensic linguistic evidence
- Approaching questions in forensic authorship analysis 215
- Trademarks and other proprietary terms 231
- Deception and fraud 249
- Plagiarism 265
- Contributors 301
- Language index 307
- Subject index 309
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction 1
-
Part I. The language of the law
- The nature of legal language 7
- Language education for law professionals 27
- The language and communication of jury instruction 47
- Policespeak 67
- Legal translation 95
-
Part II. The language of the court
- Questioning in common law criminal courts 115
- Bilingual courtrooms: In the interests of justice? 131
- The silent witness: Pragmatic and literal interpretations 161
- Language and disadvantage before the law 179
- Interpreting for the minority 197
-
Part III. Forensic linguistic evidence
- Approaching questions in forensic authorship analysis 215
- Trademarks and other proprietary terms 231
- Deception and fraud 249
- Plagiarism 265
- Contributors 301
- Language index 307
- Subject index 309
