By Alfred Phillips
ISBN-10: 0700716882
ISBN-13: 9780700716883
A fascinating exam of legislations as language use or discourse, this research appears on the transformation of normal language right into a precise discourse for the needs of the felony process. it really is largely approved that felony discourse is vague, and infrequently the general public resent the truth that entry to the legislation of the land is obstructed by way of the opaqueness of criminal language. This booklet argues that the improvement and upkeep of law's particular language may be justified. the parable that legislation may be written in both undeniable' or usual' language is exploded, and the linguistic obscurity of legislation is traced to its beneficial complexity. The proposal of illustration is utilized to the relation that exists among felony language and usual language.
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Additional resources for Lawyers' Language: The Distinctiveness of Legal Language
Sample text
There is something more to be said concerning intelligibility. The words used may all be plain and intelligible. Yet the whole may not be understood in the sense that the recipient is not able to relate it to the speech-situation, the reason being that the language of the statement is discursively unacceptable. 18 In his summing up, the judge told the jury to convict ‘only … if you are sure, if you are not sure then acquit’. In instructing the jury in those terms, the judge was recycling the Lord Chancellor’s department’s guidance to judges.
This is just the same claim as can be made on behalf of academic language. But against that, Goodrich and other antagonists, for their part, could argue that it is just because of its function that the language of law, unlike that of academics, intellectuals or economists, has a special responsibility to be intelligible. The question of whether law written in either plain or ordinary language would be intelligible would logically then confront them. Later in this chapter I put forward some evidence to support a negative answer to the question.
In litigation and negotiation, the lawyer openly takes the place of her client. The advocate’s opening words are: ‘I represent …’. Moreover the interposition of the lawyer as conveyancer can be held to validate the presumption that her client knows the law in relation to the ‘deed’ instructed by him. Is there some equivalent in the case of the legal representative as advocate or negotiator in the resolution of a dispute? On the contrary, the difference between the two situations is clearcut. The conveyancer ‘represents’ the client by acting on his behalf.
Lawyers' Language: The Distinctiveness of Legal Language by Alfred Phillips
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