The English language has taken over the key role in international trade, legislation and policy-making. It has achieved "the enhanced status […] as the dominant world language [which] has led to an increased demand for the training of competent specialists able to mediate" (Alcaraz Varo/Hughes, 2002: 1). This goes along with a "phenomenal increase in the teaching of […] 'English for special (or specific) purposes' " (ibid.: 2). What is the reason for this development?
This piece of work might give an answer; it dedicates itself to domain specific English language: language and law. It concentrates on the characteristics of the structure of legal English in particular. An overview of the central structural features is given, without claiming completeness.
Legal professionals aim at a precise explanation of facts which should leave no doubts. This aim forces them to use a certain kind of language pattern, such as including a high amount of definitions in legal texts, along with numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Dependent on which party they represent, lawyers make frequent use of features that reduce the agent in his identity while emphasizing the action – a matter of strategy which has the impeding of comprehension as a consequence. Therefore, the field of law becomes completely unapproachable for laymen, who are scarcely able to follow legal discourse. Even well-educated native speakers often find it hard to understand the language used in court. However, the access to one’s rights is important.
To begin with, the reader will be provided with an overall definition of special languages and an explanation why to regard them as a variety of a language; afterwards this will be illustrated at the example of the language of the law. Subsequently, the foundations for the structural analysis of legal English will have been laid. Language has to serve as the vehicle for transporting what the law is about. But legal language does not seem to be a good packaging of legal contents. That is why experts are asked to diminish the barrier and mediate between the language of the law and common speech. Does legalese function as an obstacle rather than a vehicle then? This question will have to be considered in this piece of work.
Fußnoten: Alcaraz Varó, Enrique / Hughes, Brian (2002): Legal Translation Explained. (Manchester: St. Jerome). S.1f.
Table of Contents
- Introduction
- Main part
- What are special languages? A definition
- Legal English as a special language
- Some structural features of English legal language
- Complex sentences – full of redundancies and a remarkable word order
- Passives and nominal style - defocusing the agent
- Further impersonal constructions – refusing pronouns
- Accuracy by means of negations and doublets
- Preciseness versus impreciseness
- Conclusion
Objectives and Key Themes
This essay aims to provide an overview of the structural features of Legal English, exploring why it differs from general English and the challenges this poses for non-specialists. It investigates the reasons for the development of specialized legal language and its function as a tool of communication within the legal profession.
- The definition and characteristics of special languages.
- The classification of Legal English as a special language.
- Key structural features of Legal English, including complex sentence structures, passive voice, and impersonal constructions.
- The tension between precision and imprecision in legal language.
- The challenges posed by Legal English to non-specialists and the need for mediation.
Chapter Summaries
Introduction: The introduction establishes the context of English as a dominant world language, leading to a rise in English for Specific Purposes (ESP), including Legal English. It highlights the need for specialists to mediate between legal language and common speech due to the complexity and precision required in legal documents. The author introduces the central focus: the structural characteristics of Legal English and how these features contribute to the difficulty non-specialists face in understanding legal texts. The introduction sets the stage for exploring how legal professionals use linguistic strategies to achieve precision, sometimes at the cost of accessibility.
Main part: This section delves into a detailed analysis of Legal English, beginning with a definition of "special languages" and their characteristics, such as their use by experts within specific fields and their potential for being both exclusive and focused on a particular subject matter. The author discusses different linguistic perspectives on categorizing special languages, ultimately favoring the view that they are sub-varieties of a standard language, influenced by standardization and the evolution of specialized work. The discussion then shifts to a specific examination of Legal English, laying the groundwork for the detailed analysis of structural features which follows. The chapter further underscores the issue of accessibility, noting the necessity for experts to bridge the communication gap between legal language and the understanding of laypeople.
Frequently Asked Questions: A Comprehensive Language Preview of Legal English
What is the purpose of this document?
This document provides a comprehensive preview of a text analyzing the structural features of Legal English. It includes a table of contents, objectives and key themes, and chapter summaries, offering a structured overview of the text's content and key arguments.
What topics are covered in the text?
The text focuses on the structural characteristics of Legal English, exploring its differences from general English and the challenges this presents to non-specialists. Key themes include the definition and characteristics of special languages, the classification of Legal English as a special language, its key structural features (complex sentences, passive voice, impersonal constructions), the tension between precision and imprecision, and the challenges posed to non-specialists.
What are the key structural features of Legal English discussed in the text?
The text analyzes several key structural features of Legal English, including complex sentence structures often containing redundancies and a distinctive word order, the prevalent use of passive voice and nominal style to defocus the agent, the employment of impersonal constructions avoiding pronouns, and the achievement of accuracy through negations and doublets.
How does Legal English differ from general English?
Legal English is characterized by its complexity and precision. This is achieved through specific structural features which can make it challenging for non-specialists to understand. The text highlights the differences in sentence structure, vocabulary, and overall style between Legal English and general English, emphasizing the need for specialists to mediate between these two forms of communication.
What is the significance of precision and imprecision in Legal English?
The text explores the inherent tension between precision and imprecision in legal language. While precision is crucial for avoiding ambiguity and ensuring legal accuracy, the pursuit of extreme precision can sometimes lead to text that is difficult to understand for non-specialists. This highlights a central challenge: how to maintain legal accuracy without sacrificing accessibility.
Who is the intended audience of this text?
The intended audience likely includes students, researchers, and anyone interested in the linguistic features of Legal English. The detailed analysis of its structure and the discussion of the challenges posed to non-specialists suggest a focus on an academic or professional audience with an interest in legal language and translation.
What is the overall conclusion or argument of the text?
The text argues that Legal English, as a special language, possesses unique structural features that contribute to both its precision and its inaccessibility to non-specialists. It underscores the need for mediation and clear communication between legal professionals and the wider public to bridge the gap between specialized legal language and everyday understanding.
- Citation du texte
- Gaby Schneidereit (Auteur), 2004, Legal Language as a Special Language: Structural Features of English Legal Language, Munich, GRIN Verlag, https://www.grin.com/document/38559
