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Is legal discourse really “outside the ravages of time”?

A diachronic analysis of nominalizations in British judicial decisions
  • Paula Rodríguez-Puente
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Unlocking the History of English
This chapter is in the book Unlocking the History of English

Abstract

This study explores word-based nominalizations between 1535 and 2021 in legal decisions. Nominalizations and the passive are usually proscribed in contemporary legal drafting manuals. Recent research has shown that there has been a notable reduction in the use of the passive, probably aided by campaigns promoting a plainer language accessible to the general public. However, nominalizations have received scarce attention in the literature to date. The data here show that nominalizations, especially those formed with Romance suffixes, tend to increase in frequency and productivity over time in legal decisions, probably acting as a compensation for the decrease in the use of the passive voice, or motivated by a general increase in the nominal density of legal decisions.

Abstract

This study explores word-based nominalizations between 1535 and 2021 in legal decisions. Nominalizations and the passive are usually proscribed in contemporary legal drafting manuals. Recent research has shown that there has been a notable reduction in the use of the passive, probably aided by campaigns promoting a plainer language accessible to the general public. However, nominalizations have received scarce attention in the literature to date. The data here show that nominalizations, especially those formed with Romance suffixes, tend to increase in frequency and productivity over time in legal decisions, probably acting as a compensation for the decrease in the use of the passive voice, or motivated by a general increase in the nominal density of legal decisions.

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