LEGALESE

Although lawyers come from a variety of backgrounds and do a variety of work, as a profession they often appear rather remote and difficult to understand. Perhaps one reason for this is legalese—the strange and incomprehensible language so many lawyers seem to write and speak. This is not just a feature of English-speaking lawyers. People all over the world complain that they cannot understand court proceedings or legal documents.

Of course all professions have their own jargon. Economists commonly talk about junk bonds (the right to collect a debt which will in fact probably never be repaid); doctors about lacerations (cuts) and contusions (bruises); and English teachers about metalanguage (the words we use to talk about language). The use of some special words can be justified because they refer to matters which are important to a particular profession but not important to most people in everyday life. But sometimes it seems that jargon is a way of creating a mystery about a profession, of distinguishing people on the inside (economist, doctors, teachers) from those on the outside.

In recent times lawyers have made efforts to make their profession less mysterious. After all, their job is supposed to be to clarify matters for the public, not to make them more complicated! This is particularly so in the United States where lawyers openly advertise their services to the public and where special clothes and wigs, still a feature of the English system, have mostly disappeared. But it seems likely that legalese will survive for a long time to come. One reason for this is that old documents and reports of old cases have great importance in law, particularly in common law systems. Another reason is that rewriting laws is a slow and painstaking process. The words must try to cover every eventuality, because people are always looking for a legal loophole, a way of avoiding a legal duty by making use of an ambiguity or an omission in law. Consequently if there is an existing law which has worked for a long time, even a law which contains old language in long and complex sentences, it is easier to retain the old law than write a new one. Even when a government draws up a new law it is often guided by the wording of an older law.

But perhaps the main reason that legalese still survives lies in the nature of law itself. Laws are attempts to implement justice, government policy, or just plain common sense. In order to be effective they must be as unambiguous as possible. Everyday language is often very ambiguous, but this does not matter if we are dealing with familiar situations or talking to people we know. The law, however, has to regulate relations between people who neither know nor trust each other and who are in unfamiliar situations. It is an unfortunate necessity that this sometimes requires complex language which has to be explained by experts. English legalese is characterized by:

1. Words and expressions which have no meaning for non-lawyers, some of them coming from Latin or French. For example: replevin —the right to take back goods which were illegally removed; nemo dat (quod non habet)—the principle that a person has no right to property acquired from a person who did not legally own it; cy-pres —the court's right to grant property to another similar charity if the charity the donor hoped to benefit does not exist.

2. Words which look like ordinary English but have a special meaning when used by lawyers. For example: nuisance — interference with someone's enjoyment of land; consideration — something given or given up on making a contract.

3. Formal words which most people understand but which are very old- fashioned. For example: hereinafter —from now on; below in this document; aforesaid —previously mentioned.

4. Very long sentences containing many clauses which limit and define the original statement.

2. Выпишите из текста пять словосочетаний со словом «law». Переведите их. Составьте с ними предложения.