What is the history of Legal English in India?
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Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features,[1] aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaningand open upgrade. However, Legal English has been referred to as a "sublanguage",[2] as legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".[3]
The term legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".[4] This term describes poor legal writing that is cluttered, wordy, indirect, and that includes unnecessary technical words or phrases.[5] Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.[6] For this reason, the traditional style of legal writing has been labeled reader-unfriendly.[5]Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".[7] These 4 Cs describe "characteristics of good legal writing style" in the United States.[7]
There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.[8] Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.[9]
For lawyers operating internationally, communicating with clients and other professionals across cultures requires a need for transnational legal awareness and transcultural linguistic awareness.[9][10]Whatever the form of legal writing, legal skills and language skills form a vital part of higher education and professional training.[11]
Legal English has particular relevance when applied to legal writing and the drafting of written material, including:
legal documents: contracts, licences, etc.
court pleadings: summonses, briefs, judgments, etc.
laws: Acts of Parliament and subordinate legislation, case reports
legal correspondence
Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as
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______________________________
Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features,[1] aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaningand open upgrade. However, Legal English has been referred to as a "sublanguage",[2] as legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".[3]
The term legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".[4] This term describes poor legal writing that is cluttered, wordy, indirect, and that includes unnecessary technical words or phrases.[5] Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.[6] For this reason, the traditional style of legal writing has been labeled reader-unfriendly.[5]Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".[7] These 4 Cs describe "characteristics of good legal writing style" in the United States.[7]
There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.[8] Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.[9]
For lawyers operating internationally, communicating with clients and other professionals across cultures requires a need for transnational legal awareness and transcultural linguistic awareness.[9][10]Whatever the form of legal writing, legal skills and language skills form a vital part of higher education and professional training.[11]
Legal English has particular relevance when applied to legal writing and the drafting of written material, including:
legal documents: contracts, licences, etc.
court pleadings: summonses, briefs, judgments, etc.
laws: Acts of Parliament and subordinate legislation, case reports
legal correspondence
Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as
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