Legal Discourse in Translation

Characteristics of legal English
Specialized discourse n There

Specialized discourse
There is an ever greater interest by linguists in distinguishing the characteristics of
the various genres which make up a language. n Specialized discourse (SD) is
concerned predominantly with the language used in professional and institutional
settings, e. g. in business, hospitals, schools, universities, the courts etc. n The
major distinguishing feature of SD (with respect to general discourse) is its lexicon,
i. e. the large number of specialized lexical items pertaining to a particular genre. n
The equivalent of SD in Italian is linguaggi settoriali
English for legal purposes (ELP) n In recent decades there has been a lot of
interest from linguists in LSP (Language for Specific Purposes) which, when
referring to English, is known as ESP (English for Specific Purposes). n Under
the umbrella term of ESP there a number of subfields. The law-related variety
of ESP is known as ELP (English for legal purposes).
Different types of legal discourse
The legal discourse community is made up of lawyers, judges, and all those
involved in drafting laws. These are the ‘insiders’. n There are different types of
legal discourse (subgenres): e. g. the language used between lawyer and client
or between two lawyers; the language of the courts (much of which is oral); the
language of law reports and academic texts on legal matters; the language of
legal documents. n The expression ‘legal language’ covers any sort of discourse
which is concerned with legal matters (descriptive and prescriptive), whereas
the expression ‘the language of the law’ is concerned with prescriptive legal
discourse.
Archaic or rarely used words and expressions Legal English sometimes uses archaic
or rarely used words and expressions. Here are two examples. The first is the
enactment clause to be found at the beginning of laws passed by Westminster.
The second is typical of the language of contracts.
• Be it enacted by the Queen’s most Excellent Majesty, by and with the consent
of the Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:
• NOW, THEREFORE, in consideration of the foregoing and the respective
representations, warranties, covenants and agreements set forth in this
Agreement and intending to be legally bound hereby, the parties hereto agree
as follows:
Binomials and trinomials (also known as ‘strings’) are particularly common in
the language of contracts and wills, e. g.
• the terms and conditions set forth in this agreement … n This is the last will
and testament of me.
• I give, devise and bequest all my property of every nature and kind.
• the same may be amended, supplemented or modified in accordance with
the terms hereof …
Formulaic expressions Legal language in general tends to use formulaic
expressions, e. g.
• Do you swear to tell the truth, the whole truth, and nothing but the
truth?
• Now, therefore, the parties agree as follows:
• I, ____, of ____ being of sound and disposing mind, do hereby make,
publish and declare the following to be my Last Will and Testament …
French words and Latinisms Legal English sometimes contains words and
expressions from Latin or French, e. g.
• “The defense was that the plaintiff was not a de jure officer and that a de
facto officer is not entitled to a salary. ”
• “If in case B a court with power to overrule case A says that case A is
overruled, the ratio decidendi of case A ceases altogether to have any
authority so far as the doctrine of precedent is concerned. ”
• “The Czech Republic shall remove trade barriers in the coal market with the
acquis by accession …”
Long complex sentences with intricate coordination and
subordination UN Resolutions are generally made up of one long
sentence, e. g.
Resolution 2038 (2012) Adopted by the Security Council at its 6726 th meeting, on 29
February 2012 The Security Council, Recalling its resolution 1966 (2010) adopted on 22
December 2010, Having regard to Article 14, paragraph 4, of the Statute of the
International Residual Mechanism for Criminal Tribunals (the Mechanism), annexed to
resolution 1966 (2010), Having considered the nomination by the Secretary-General to
appoint Mr. Hassan Bubacar Jallow as Prosecutor of the Mechanism (S/2012/112),
Noting that, according to article 7, paragraph (a) of the Transitional Arrangements
annexed to resolution 1966 (2010), the Prosecutor of the Mechanism may also hold
the office of Prosecutor of the International Criminal Tribunal for Rwanda (ICTR),
Recalling that pursuant to resolution 1966 (2010) the Mechanism’s branch for the ICTR
shall commence functioning on 1 July 2012, Decides to appoint Mr. Hassan Bubacar
Jallow as Prosecutor of the International Residual Mechanism for Criminal Tribunals
with effect from 1 March 2012 for a term of four years.
Syntactic discontinuities are frequent in legal discourse. They interrupt the
‘natural’ flow of the sentence by inserting added information (highlighted here
in blue), e. g.
• If, after informing the supervisory authority concerned under subsection
(3), any measures taken by the supervisory authority against the insurance
undertaking are, in the opinion of the regulatory authority, not adequate
and the undertaking continues to contravene this Act, the regulatory
authority may, after informing the supervisory authority of its intention,
apply to the High Court for such an order.
• Developed country Members shall, if requested by other Members, provide
copies of the documents or, in case of voluminous documents, summaries
of the documents covered by a specific notification in English, French or
Spanish.
Widespread use of the passive The passive is very common in legal
discourse, especially where it is not necessary to specify the agent, e. g.
• The acronym EURES shall be used exclusively for activities within
EURES. It shall be illustrated by a standard logo, defined by a graphic
design scheme. The logo shall be registered as a Community trade mark
at the Office for Harmonisation in the Internal Market (OHIM). It may be
used by the EURES members and partners.
• If any term or provision of this Agreement shall be deemed prohibited
by or invalid under any applicable law, such provision shall be
invalidated without affecting the remaining provisions of this
Agreement, the Original Agreement or the Loan Documents.
Impersonal style The language of the law tends to use a highly formal,
impersonal style, always in the third person, e. g.
• No one may be subjected to slavery, servitude or forced labour.
• Everyone has the right of access to a) any information held by the state
and b) any information that is held by another person and that is
required for the exercise or protection of any rights.
• When a prisoner is found guilty of an infraction of the laws of this state
or the rules of the department, gain-time may be forfeited according to
law.
• Members shall ensure that their sanitary or phytosanitary measures are
adapted to the sanitary or phytosanitary characteristics of the area –
whether all of a country, part of a country, or all or parts of several
countries – from which the product originated and to which the
product is destined.
Nominalization is the process by which a grammatical expression (very often a
verb phrase) is turned into a noun phrase, e. g. to apply = to make an application.
It is a common feature of formal language in general. For example
• An amendment to the Constitution of Canada may be made by proclamation
issued by the Governor General …
• No restrictions may be placed on the exercise of these rights other than those
imposed in conformity with the law …
• In the preparation and application of sanitary or phytosanitary measures,
Members shall take account of the special needs of developing country
Members, and in particular of the least-developed country Members.

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Characteristics of legal English

Specialized discourse n There

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