Language of law

• The nature of language

  Traditionally it is stated that

  language is a tool to interact or tools

  to communicate, in a sense, means to

  convey thoughts, ideas, concepts, or

  even a feeling.

  From the view of sociolinguistics,

  language functions can be viewed

  from different angles, such as

  speakers, listeners, topics, codes, and

  conversation
• Language as communication device

  Language is a means of communication between members of the community in the form of symbols of sound produced by the speech organ.
• Language and law, sometimes referred to as forensic linguistics, has been defined in a variety of ways, some of which focus on the language evidence of criminal and civil law cases while others deal with statutory language and how it is used in the courtroom
• The normative language of law derives from the

  fact that law has

  the basic function

  in society of

  guiding human

  behavior and

  regulating human

  relations.
• TECHNICAL

  Legal language as a technical language often

  operates in a

  context that makes

  legal terms have

  meanings different

  from those they

  bear in non-legal

  contexts of use.

  (Schauer)
• 3 nature of language of law

  - Normative, performative, technical.
• The liguistic approach

  •perceives the law as a collection of linguistic acts (utterances). Such utterances are called norms or provisions. Also laymen usually understand the law as a system of norms or provisions
• axiological approach

  •perceives the law as an expression of values which usually are regarded as prior and independent from the law in their existence. This kind of approach is typical of philosophies (as opposite to materialism).
• Idealism

  – a philosophical standpoint that affirms the objective existence of values and other non-material beings.
• The sociological approach

  conceives of the law as a social phenomenon. According to this approach, the law might be understood as e.g. acts of social agents (social practices), social relations or social institutions. This kind of approach is typical of so called legal realism and is related to a distinction between 'law in books' (which is a matter of interest of linguistic approach) and 'law in action' (how the law 'works' in the social reality)
• The legal concept of law

  The linguistic approach, The axiological approach, The psychological approach, The sociological approach
• Legal lexicon

  •is full of archaic words, formal and ritualistic usage, word strings, common words with uncommon meanings and words of over-precision
• Forensic linguistic

  - This is used in a general sense to refer to any interface

  between language and law, thus including analysis of

  the language used within the legal system; the more

  widely accepted, and arguably more accurate, meaning

  is the use of linguistic evidence in the judicial process,

  usually in the form of expert evidence from a linguist.
• In both legal languages there are many words that have a legal meaning very different from their ordinary meanings. Tiersma calls the legal vocabulary that looks like ordinary language but which has a different meaning peculiar to law as legal homonyms
• Goddard (2010) has discussed the following kinds of legal writing: (a) academic legal writing as in law journals, (b) judicial legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties
• The legacy of roman law

  Certain aspects of the substance of roman law have persisted in modern times, particularly important in developing these concepts was a class of men called jurists or jurisconsults
• Justinians ambitious was the CORPUS JURIS CIVILIS (THE BODY OF LAW)
• DIGEST

  Containing writing by the jourist
• CODE

  Which contained various imperial enactments
• INSTITUTES

  A type of textbook for students to learn the law
• CORPUS JURIS CIVILIS

  Was discovered in a library in PISA
• JUS SOLI and JUS SANGUINIS

  Remain important with respect to citizenship
• PACTA SUNT SERVANDA

  Contacts must be carried out
• NULLA POENE SINE LEGE

  No punishmebmnt without law
• IN DUBIO PRO REO

  Incase of doubt, favor the accused
• CANON LAW

  The law developed by catholic church applied to marriage in family
• CUSTOMARY AND FEUDAL LAW

  Important with respect to property and succession
• JUS COMMUNE

  or 'Common Law'
• PAYS DE COSTUMES

  The land of Costumary Law
• PAYS DE DROIT ÉCRIT

  The land written mostly roman law
• CODIFICATION

  Law in continental Europe was costumary and the eglish common law could also be viewed as a type of costumary law.
• Their related languages eventually merged into one, which we now refer to as ANGLO-SAXON or old english
• Legal decisions were often made by a type of popular assembly, sometimes called MOOTS
• CESTUI QUE TRUST

  The law french term is being supplanted by the more common word beneficiary
• SALUS POPULI EST SUPREMA LEX

  The health (or welfare) of the people should be the supreme law
• DURA LEX SED LEX

  The law is harsh, but is it the law
• MANDAMUS

  we command
• CERTIORARI

  To be informed of, or to be made certain in regard to
• SUBPOENA DUCES TE CUM

  Under penalty you shall bring with you
• SUBPOENA AD TESTI FICANDUM

  Where 'subpoena' means 'under penalty' and 'ad testificandum' translates to 'for testifying'