Legalese

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1. I wish the testimony against me was false. 2. I had better be not involved in the case connected with blackmail 3. The government would rather not put into effect that compromising law. 4. If only the eyewitness could nor testify in favour of the victim! 5. You sound as though you were more of a detective man a lawyer.

1. By gathering information, creating publicity and writing letters, Amnesty has helped to speed up the release of such prisoners all over the world. 2. The choice may depend upon which case is easier to prove and whether the passenger is likely to get larger damages under the law of contract or the law of tort. 3. In the USA statutes must be in keeping with the constitutions – federal and state – and the courts can overrule a statute that is found to violate constitutional provisions.

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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. 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 working of an older law.

Дата добавления: 2015-01-03