Legal Language
Table of Contents
About language
Legal language has its own distinctive mannerisms. Uses terms derived from Latin, Norman French, English. Uses many languages depending on its location. Many technical, professional terms (voir dire, actus reus, negligence, judgement).
Extent of legal text
Not limited to speaking and writing, but extending to any form of expression, including dress. e.g.
- Constitutions
- Treaties
- Legislation
- Wigs and gowns
- Televised hearings
- etc.
Common Law
Primarily 'unwritten' from 'time immemorial'. Made with arguments settled by speech. Orchestrated in trials, being oral processes where pleaders speak their cause in the presence of one another and a judge to pronounce the correctness of the discourse. Modern trials tend to be transcribed. Judgements tend to be written then read out. The shift from oral to written is a fairly fundamental shift in the legal mindset. Writing the law cases it to become excessively large.