- •Lecture 1 The Domain of Legal Discourse: Characteristics of Legal Language
- •The leading features of legal English Lexical features
- •Inclusion of foreign words and expressions, especially of Latin and French origin
- •Archaic diction of legal English
- •Frequent use of doublets and triplets
- •Frequency of performative verbs
- •Negatives
- •Highly impersonal style of writing
- •The classification of legal vocabulary
- •Some leading features of the morphology and syntax of legal English
- •Nominalization
- •Abundant use of the passive voice
- •Conditionals and hypothetical formulations
- •16) Sentence Length and Complexity
- •17) Use of phrasal verbs
- •18) Unusual word order
The classification of legal vocabulary
(a) Purely technical terms
Legal English employs a great deal of terminology that has a technical meaning and is not generally familiar to the layman e.g. waiver (відмова від права), estoppel (процесуальний відвід; позбавлення права заперечення), contributory negligence (зустрічна вина (провина)), judicial notice (обізнаність суду (стосовно фактів, які вважаються відомими суду без доведення)), injunction (судова заборона) etc.
(b) Semi-technical or mixed terms
This second group consists of words and phrases from the common stock that have acquired additional meanings by a process of analogy in the specialist context of legal activity. Such terms are therefore polysemic, unlike those belonging to the first group. For the translator, terms belonging to this group are more difficult to recognize and assimilate than wholly technical terms. For a start, they are much more numerous and their number is constantly growing as the law changes to meet the developing needs of society. Moreover, they are semantically more complex, involving the translator in a wider range of choices,
So, it is recommended for translators to get accustomed to consult specialized dictionaries whenever something in the context alerts them to a usage distinct from standard or everyday usage.
Assignment |
General meaning: призначення, посада, завдання |
Legal meaning: передача майна (прав) (документ про це) |
Maintenance |
догляд, ремонт, обслуговування |
брит. 1) аліменти; 2) підтримання (однієї зі сторін в судовому процесі у корисливих цілях) |
Title |
заголовок, назва, титульна сторінка, титул; звання |
титул; правовий титул, право власності; право на позов
|
(c) Everyday vocabulary frequently found in legal texts
This third group, which is naturally the most numerous, consists of terms in general use that are regularly found in legal texts but, unlike the previous group, have neither lost their everyday meanings nor acquired others by contact with the specialist medium. Given the generality of this definition, it is rather difficult to provide telling examples, since virtually any non-technical term will do. However, on the basis of relative frequency of occurrence, the point may be illustrated by terms such as 'subject-matter', as in 'the subject-matter of the contract', 'paragraph', as in 'Section 2, subsection 12, paragraph (b) of the
Act', or 'summarize', as in 'The judge summarized the facts of the case'.
Some leading features of the morphology and syntax of legal English
Nominalization
This feature is considered by many linguists, Urbanova (1986:19) among others, as prominent. Nouns derived from verbs are often used instead of verbs, such as to give consideration instead of to consider, to be in opposition rather than to oppose, to be in contravention instead of to contravene, to be in agreement instead of to agree.
Nominalization is a morphological process that is to be avoided because it makes the text long and non-dynamic (Haigh 2004: 44). However, it is hard to eradicate nominalization, as lawyers do not say to arbitrate, but to go on arbitration, because the arbitration is a legally defined procedure and should be considered as such.
