Historical Development of Legal English

 Historical Development of Legal English

By: Anjali Tiwari

Legal English is the language which is used by the lawyers, attorneys, judges, and solicitors etc who are connected with the legal background. We are also aware of the fact that Legal English is an important part of our profession (Lawyer) and also very different from the general English which we speak. We are going to be future lawyers, so it is very important for us to know the words which are used in the courts, to do drafting, to assist clients, to plead, litigate, to fight the case in the court, to interact with the judges, because Legal English is used here. It is a form of English which has been used in our profession ‘Law’. Legal English is different from the English which we used to speak in our daily lives; it can’t be understood by the layman. We need to learn this language in order to perform well in the field of law. If we know the legal terms then it will also help us to interact more professionally with others. Some students also wanted to study abroad and apply their learned skills, so it is necessary to know the language in order to communicate well while interacting with others.  When you enter into this field, you will work with many lawyers and clients globally, so you need to know the legal terminologies and use them correctly in order to assist them. This will also give a good impact on others about you. Now, lets us take an example that you’ve studied law from India but you want to work in a corporate or a legal firm in UK, so probably you are most likely to interact with UK attorneys, so the common language between you and the UK attorneys is Legal English, now if you are aware of the language or legal terms so it will be easier for you to communicate with them or to deal the cases together. It will also open your opportunities to work with other firms internationally. Now, if we talk about some of the technical terms like plaintiff- which means someone who files the plaint or initiates lawsuit against the defendant, so this term can’t be understood by the non-native speaker, this term can only be understood by someone who is the native speaker or have the knowledge of the word. Many legal maxims in Legal English are taken from the Latin, like for example: ‘Amicus curiae’ which means ‘Friend of the court’, so this word can also be understood by the one who uses this word, or aware about the word, have the knowledge or speak often these words. So, legal English is very important to know the terms which are important which are going to be used in our profession. If we talk about the other aspects like if we have to draft a contract or prepare a will, we have to master the legal terms, because in drafting, pleading, legislation etc in every line we will have to use the Legal English. This is not only about drafting, it is also about reading and understanding contracts. 

If we are going to make arguments in the courts, Legal English is very necessary to use, because it gives a good impression in the court and also if we are aware about the terms it looks more professional and also we are able to convince the judge, or make our arguments easily and make  you win. Verbal communication skills are also important. Also, it is very necessary to use the correct legal terms, with other attorneys or clients. To win the trust over your client it is necessary that you should have the knowledge of legal terms, and also if all goes well then there is a chance that you’ll get more clients. In the case laws, precedents, judgments, statutes Legal English is used, so in order to understand those documents we should have the command over formalized legal language.

Historical Development of Legal English

Legal English, often known as the language of law, and not just English, is the outcome of the legal profession's conservatism and reverence for history and tradition in all of its complexities. Bázlik and Ambrus were the two who said that the languages of layers are difficult and are not easy to understand and many attempts have been made to simplify. The Plain English Movement, which was the part of the consumer movement, and introduced by Citibank in 1970’s. The objective of the movement is to introduce plain English in the legal and the consumer documents so that people could understand the text of the documents. Similar reforms also happened in countries like the United Kingdom and Australia. In this regard, Vystrilová writes, "On April 26, 1998, a new set of regulations contained in the 800-page document produced by the Lord Chancellor's Office rejected the legal terminology and traditions that had distinguished the British courts for decades." Old Latin and French legal phrases like writ and plaintiff have been replaced by "plain legal English," which means "simpler, more intelligible legal terms." Since the introduction of the Civil Procedure Rules in 1999, almost all civil actions, other than those involving insolvency, are now initiated by the completion of a "claim form," rather than the obtaining of a "writ," "originating application," or "summons"; or the party who initiates the civil action before the court has been known as a "claimant," rather than a "defendant," since the introduction of the Civil Procedure Rules (1999). One of the reasons why the English legal language is conservative and the terms that are specifically used in legal proceedings is because legal English is based on legal precedents, so the words that are used and carry linguistic features that are closely interconnected with the language of law and thus continue to be cited and used in new documents, even though they are not used in today's English. This is supported by Bázlik and Ambrus' statement in 2008 that "it is not uncommon for the judge in court or other parties to use old records of court proceedings written down in eras when English was regulated by grammar rules other than those regulating modern English".

As previously said, legal English is the product of the historical and political-social processes that were taking place at the time. It reflects the influence of Anglo-Saxon mercenaries, Latin-speaking missionaries, Scandinavian and Norman warrior tribes, who all left their stamp on England's governmental system and legal language. Old Norwegian words examples are like gift, loan, sale and trust. According to Bowen in 2015, the word law is derived from the Old Norse noun log, which means "something laid or fixed." The origins of the English language can be traced back to roughly 450 AD, when Anglo-Saxon, Jute, and Frisian sailors arrived on the English coastlines from continental Europe. These German tribes spoke comparable dialects, which gave rise to the Anglo-Saxon or Old English language we know today. The Book of Laws issued by Alfred the Great, where the customs of all three major Anglo-Saxon tribes are collected and law newly formed by the King is also written in Old English. Despite the fact that the Anglo-Saxons did not acknowledge the profession of law, a type of legal language emerged, the vestiges of which can still be found in modern legal vocabulary. Words like bequeath, goods, guilt, manslaughter, murder, oath, right, sheriff, steal, swear, theft, thief, ward, and witness a writ are examples of these words. Aside from the vocabulary, the Anglo-Saxon influence can be seen in the use of alliteration, which is still found in the English legal language on occasion. Alliteration is a literary figure generated by using the same or similar sounds repeatedly. The linguistic demands of Anglo-Saxon laws grew, resulting in a more complicated legal language, which may lead to the conclusion that a complex language reflects steadily expanding and more complex social interactions to some extent. The Anglo-Saxon populace not only used Old English as a legal language, but also Latin, which, despite being present in England during the Roman era, was only strengthened following the arrival of Christian missionaries in 597. It was soon not only the Church's language, but also education and schooling in general. The Church marketed Christianity as synonymous with literacy, and while the majority of the public did not comprehend Latin, it established a broad norm of written communication that had a significant impact on the legal language.