Classifying sentential modality in legal language

Author(s):  
James O' Neill ◽  
Paul Buitelaar ◽  
Cecile Robin ◽  
Leona O' Brien
Keyword(s):  
2020 ◽  
Vol 5 (2) ◽  
pp. 269-283
Author(s):  
Marta Andruszkiewicz

AbstractThis article analyses the linguistic norms found within legal and legislative language and their implementation. It attempts to answer the following questions: is there a common scope for the use of linguistic norms in general language and legislative language, what can form the basis for resolving issues of correctness in legal and legislative language and is a codification of the linguistic norms for legislative language necessary? The discrepancies observed between normative standards and linguistic practise raise the issue of the need to codify linguistic norms within legal and legislative language. In this article, I hypothesise the need to elaborate a source for codifying the norms of legal and legislative language.


2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture


Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Elena Ioriatti

Abstract Despite the ongoing developments in comparative law studies, European legal language is still in want of responses with regard to its own characteristics and impact in the Member States. This article suggests an interdisciplinarity perspective, that of comparative law and semiotics, as well as the observation of the normative forces grounding the practices of EU law in the Member States As a dialogical conclusion, a Restatement, will be suggested, where EU concepts could be channelled. This intellectual tool could be relevant in legal education too and favour the institutional dialogue among national and European actors of the multilingual legal process.


2020 ◽  
Vol 2019 ◽  
pp. 99-108
Author(s):  
Adriana Almășan ◽  

Lawyers should be expert communicators, most of their drafting requiring preciseness and efficient phrasing. However, in practice, legal writing is rarely conveying the information effectively, regardless its importance: from contracts to legislation, from legal literature to documents submitted in courts one may find imprecise, pompous, leaden legal language. Oddly enough, the inadequacies traverse legal systems, languages and cultures, the critique being uniformly applicable around the world. This study follows the legal writing tradition and advocates the simplification and accessibility of this language.


Pólemos ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Matteo Nicolini

Abstract This essay addresses different patterns of the visualisation of the law. It examines how scholars attempt to depict, represent, and perform the law and its founding authority. It also focuses on the pragmatics of legal language: written and spoken standard legal English are pragmatically enriched within contexts where the law is interpreted, uttered, or performed. The linguistic notion of “context” discloses the interrelations between the agendas of law and power and reveals how the law conveys its content to the body politic as its ultimate addressee. It then proposes a renewed concept of legal linguistics. In order to determine the different ideologies underpinning the evolution of English legal language, as well as its prototypical forms of the visualisation of the law, three stages in the history of the English language will be examined: Late Middle English, Early Modern English, and Contemporary English. Each of these stages will be likened to the different parts of judicial proceedings. This will allow us to examine how English legal language has been used in a specific context, the trial, where the law is both uttered and performed.


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