Role played by legal language in legal field

(BY- NARAYANI GUPTA)

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Introduction:

In law, language plays important role, every word is important especially in life of lawyers where they speak for their clients and present their wishes in front of court and right choice of words make them win their case. When we study law, we learn different new things and new language but that is quite unique, difficult and vast. Legal language is used by legal professionals and it helps in drafting and making the research papers. Law itself has its own way of communicating and it becomes quite impossible for general public to understand because of technicality of language. It is different from general English which is used by society to interact but when it comes to courtroom words are only crucial weapon because results are always based on facts and proofs provided by lawyers on the behalf of their client. Indian constitution was adopted by Indian Constituent assembly on NOV 26,1949 was in English language but it was translated in Hindi in 1985.

There are two types of English one which is used for general purpose known as (EGP) and another one is for specific purpose (ESP) and legal language is an ESP. The communication which is between judge and lawyer or Counsil is very formal and to-way. Legal language came across and impacted different parts of society. This language can be recognised as in shape of statutes or legislations and it is very complicated. This language is used between ordinary men and counsel and this is also used informally between judges. It is also used by jurists. The legal maxims which are taken from French and Latin language for example Ab initio, Actus reus et cetera. The language which is used in legal documents is very authentic so general public have to consult legal practitioner to understand.

This legal language faces criticism too because this seems very ordinary too legal professionals but very burdensome, complicated and tough and various questions were raised that why and how this language is different from the general English and answer is that in English for specific purpose there are many linguistic details present which are used in it like vocabulary, syntax and semantics and this all is based over Latin terms. On 15th October, 2020, a Delhi lawyer on behalf of Subash Vijayran filed a Public Interest Litigation in Supreme court of India, main motive for filing it that legislature and executive of India to be simpler in drafting laws which can be understand by general people of society. According to Subash Vijayran language used by lawyers is very unclear and pompous and dull, in reply to it Supreme Court said that to Ministry of Law and Justice and Bar council Of India to give a rejoinder.

Importance:

Cases which are fought in courtroom always turned by lawyers by doing correct usage of words. Yes, it took years to understand legal language but to become competent lawyer it is necessary to have full grasp over legal terms, words and maxims. By learning this can be very helpful to understand judgements passed by the honourable and respective courts in every case it solves. There are many terminologies of laws whose meaning depend upon circumstances and there is a lot contrasting meaning Like Consideration, in general language it means to think over something but in legal terms it means There is something which giver or promisor promises to give to Promisee or taker. So it’s very important for professionals in law Carrer to understand this language so that they can help us normal public to get correct meaning of the legal vocabulary and by this we will get justice too when we know that which law or its provisions provides support to us. Lastly students should develop a respect for linguistic language and should know to use words carefully.

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