Language of Law: Imperative for Linguistic Simplicity
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Date
2019-11
Authors
Folarin, P
Sobola, E
Journal Title
Journal ISSN
Volume Title
Publisher
IUCDS
Abstract
Language is a veritable tool of the legal profession as a lawyer's proficiency is
sometimes measured in terms of his linguistic dexterity: both verbal and written.
However, over the centuries, there seemed to have evolved a distinct language of
law usually referred to as legal language. Legal language employs specialised
vocabulary and unusual sentence structure which contributes to its peculiarities.
It is sometimes cumbersome to understand legal language due to the usage of a
large number of difficult words and phrases, arcane expressions, indecipherable
verbiage and technical terminologies which are alien to the layman many of
which expressions are derived from French and Latin. The crux of this research is
to interrogate the legal implication and communicative competence of language
in legal discourse both within and beyond the courtroom extending to the drafting
of legal documents and interactions between lawyers and clients. The research
also examines the trend towards the adoption of plain English in legal discourse
and finds out that the interface between law and language is the simplicity of
expression.
Description
The paper explores communicative import of language of law. It depicts that arcane expressions and technical terminologies difficult for readers are employed in the construction of legal discourse. It advocates linguistic simplicity in the construction of legal discourse in order for it to achieve communicative competence in lieu of linguistic competence.
Keywords
Law , Language , Legal discourse , Communicative competence , Linguistic Simplicity