Esp: Legal English (Language of Law)

ESP: LEGAL ENGLISH
(LANGUAGE OF LAW)
A PRESENTATION ON CHARACTERISTICS OF THE LANGUAGE OF THE
LAW
“The law is a profession
of words.”
- David Mellinkoff
The Language of the Law (The Legal Language)
• The language of the law or the legal language refers to

the language of and related to law and legal process.
• Itis a type of register, that is, a variety of language
appropriate to different occasions and situations of use,
and in this case, a variety of language appropriate to the
legal situations of use.
• Language used by lawyers and others whose professions
are relevant to legal processes.
THE LANGUAGE OF LAWYERS ACCORDING TO
LAW PROFESSOR RICHARD WYDDICK
“We lawyers do not write plain English. We use eight words to
say what could be said in two. We use arcane phrases to
express commonplace ideas. Seeking to be precise, we become
redundant. Seeking to be cautious, we become verbose. Our
sentences twist on, phrase within clause within clause, glazing
the eyes and numbing the minds of our readers. The result is a
writing style that has, according to one critic, four outstanding
characteristics. It is ‘(1) wordy, (2) unclear, (3) pompous, and
(4) dull.’”
Legal English vs. Plain English
Differs from the ordinary English. simplify the language of the law in
layman’s term
‘legalese’ – that often incomprehensible Used in documents such as apartment rental
verbiage found in legal documents as well as leases, insurance policies, or promissory notes
an arcane jargon used among attorneys.
full of wordiness, redundancy, and specialized Simple; easily understood by the ordinary
vocabulary and it often contains lengthy, people.
complex, and unusual sentence structure.
CHARACTERISTICS OF LEGAL
LANGUAGE
• Legallexicon is full of archaic words, formal and ritualistic
usage, word strings, common words with uncommon
meanings and words of over-precision.
•A common feature of the syntax of legal language is the
formal and impersonal written style joined with considerable
complexity and length.
• Over-precision on the structure of the legal texts makes it
ambiguous.
CHARACTERISTICS OF LEGAL
LANGUAGE
• Complex structures, passive voice, multiple negations and
prepositional phrases are extensively used in legal language.
Another pragmatic consideration in legal texts is ambiguity,
vagueness and other uncertainties found mainly in statutes
and contracts.
• Legal writing is characterized by an impersonal style, with

the extensive use of declarative sentences pronouncing rights
and obligations.
In legal language writing conventions are
different, like:
• sentences often have peculiar structures, punctuation is used
insufficiently, foreign phrases are sometimes used instead of
ordinary phrases (e.g. inter alia instead of among others),
unusual pronouns are employed (the same, the aforesaid, etc.),
unusual set phrases are to be found (null and void, all and
sundry), technical vocabulary, unusual and archaic words,
impersonal constructions, use of modal like shall, multiple
negation, long and complex sentences, and poor organization are
all problematic.
Why legal texts sound neutral
• To avoid biases
• To avoid cultural conflicts
• To promote inclusivity and universality
In legal writing…
There are three basic ways to avoid gender-specific pronouns, which are
illustrated with examples:
• repeat the noun (for example, “a person is entitled to a benefit if the

person...”);
• change the pronoun (for example, by using “they” or “their” in the
singular: “a person fails to comply with their duty...”);
• rewrite to avoid the need for a pronoun (for example, “It is an offence
for a person to...”, rather than “A person commits an offence if he...”).
EXAMPLE OF A LEGAL TEXT
Old California instruction:
Evidence consists of testimony, writings, material objects or other

things presented to the senses and offered to prove whether a fact exists
or does not exist.
Evidence is either direct or circumstantial. Direct evidence is evidence
that directly proves a fact. It is evidence which by itself, if found to be
true, establishes that fact.
Circumstantial evidence is evidence that, if found to be true, proves a
fact from which an inference of the existence of another fact may be
drawn. A factual inference is a deduction that may logically and
reasonably be drawn from one or more facts established by the
evidence.
LEGAL TEXT AS RENDERED TO
PLAIN ENGLISH
New Instruction:
Evidence can come in many forms. It can be testimony about
what someone saw or heard or smelled. It can be an exhibit
admitted into evidence. It can be someone’s opinion.
Some evidence proves a fact directly, such as testimony of a
witness who saw a jet plane flying across the sky. Some
evidence proves a fact indirectly, such as testimony of a
witness who saw only the white trail that jet planes often leave.
This indirect evidence is sometimes referred to as
“circumstantial evidence.”
A text from ARTICLE III BILL OF RIGHTS
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or
be released on recognizance as may be provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.
PREAMBLE OF THE 1987CONSTITUTION
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain
and promulgate this Constitution.

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ESP: LEGAL ENGLISH

• The language of the law or the legal language refers to

• Legal writing is characterized by an impersonal style, with

• repeat the noun (for example, “a person is entitled to a benefit if the

Evidence consists of testimony, writings, material objects or other

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