Saturday, 28 May 2022

Scope and Problems of Legal Language

 Scope and Problems of Legal Language

By: Anjali Tiwari

Legal Language

The term "legal language" refers to the terminology used by lawyers and other legal professionals. A lawyer, a jurist, and a legislative draughtsman use different vocabulary in their respective professions. Law has its own registry because it is a technical subject. Two examples of legal languages are local legal language and English.

In his lexicon, Webstar defines it. The name 'Lingua' is derived from the Latin word 'Lingua,' which refers to a system of human communication based on written or spoken symbols. It's a dialect that's specific to a certain ethnic, national, or criminal group. It is a system of sounds and words that humans use to communicate with one another. It is the verbal or nonverbal expression of thoughts and feelings.

In India, a legal language is defined as a language that is not written in English and is supposed to evolve through the medium of a regional language or Hindi.

Nature and scope of legal language

People from various areas of life hear and are influenced by legal jargon. Some people may follow the law, while others may not. It is possible to speak about communication between the lawgiver and the lawmen. It is in the shape of a statue. The language of the laws is highly technical, and lawmakers have little control over it; however, drafters ensure that the law's aim is communicated. Giver’s Communication between the judge and the council is two-way because both are well-versed in the law. Similarly, while speaking to the court, formal communication between the two opposing councils is the situation. In this brief statement, judgments and briefs are used. In the third scenario, informal consultation occurs in chambers between two or more judges, or in council offices or bars between two or more council members, or in jurisprudential decisions between men of law. Finally, there is the consultation between a layperson and an attorney. The latter's work is more difficult since he must offer legal structure and vocabulary to the client's everyday language because the former may be unfamiliar with the law.

Legal communication can be characterised in five categories of situational situations, according to Ashok K. Kelkar:

1. The law-givers to the judge and counsel statutes, as well as the preface to statutes

2. Judge to counsel, counsel to judge-judgment, briefs, court-room exchange, preamble-like portion of judgement, and briefs

3. The judge's brief, consultations with the jury, the counsel with the client, and the client with the lawyer.

4. Contracts, testaments, buy-laws, notices, and the like between ordinary citizens.

Importance of language in law

The terminology used in the legal system differs from that used in everyday life. The semantic differences are the most noticeable. There are three types of persuasive modes provided by the spoken word:

1. The first is determined by the speaker's personal characteristics.

2. The second focuses on putting the audience in a certain mindset, and

3. The third section focuses on the proof (or perceived proof) offered by the speech's words. This can be accomplished via (a) logical reasoning, (b) comprehending human nature and goodness in diverse forms, and (c) comprehending mental liberation. After all, the goal of every serious speech is to persuade the listeners of the truth, not to provoke feelings or to flatter the senses.

As a lawyer, you must have a unique vocabulary that includes words from outside the common language as well as words that are part of the general language but have fundamentally different meanings in legal and non-legal contexts.

The importance of language in law stems from the fact that it is not just a channel of communication, but also a medium of law, or, to put it another way, it is the law.


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