Nowadays, where legal education is gaining importance as a productive and progressive field of education, the language to be used as the language of instruction presents a great challenge as it is accessible to any student or researcher who wants to study this discipline. The Indian Law School curriculum focuses primarily on theoretical knowledge rather than discussing clinical legal education. So there is a lack of inculcation of legal language in these law schools. The word “language” is derived from the Latin word “lingua”, which means language, while the word “law” is understood as a derivative of the verb “leggja”, which means to deposit. From Anglo-Saxon to classical languages such as Latin and Greek; From Old English and French to today`s Simple English, language and law have changed considerably. Acceptance and adaptability are key elements of law and language, which are reflected in the significant development of law and language. There is a very deep and subtle relationship between law and language. They are closely interconnected and interdependent. Law is regulated by language, while language is also regulated by laws (grammatical, syntactic, etc.). Laws are encoded in language and occupy all spheres and areas of our lives. Legal fraternity uses language to articulate, deliberate and implement laws. Words are therefore not objects themselves, but means to achieve goals.
Law through language establishes social control and also does its job. It is a universal fact that the scope or use of language in law is very broad. The interpretation (explanation) of the law is done using language called legal language. Legal language is also important because it has become a global phenomenon, especially for lawyers. Knowledge of legal terms and terminology is very important in the legal profession, whether you are an English speaker or not, or whether you belong to a particular region or country, due to the multiple increase in internationalization and globalization. In search of successful careers, people move from one country to another, applying their academic knowledge of the acquired country to the country that is looking for interested parties. To be successful, it is very important that lawyers know the legal terminologies that are universally applicable when interacting with potential clients. Law and language occupy an important place in society.
They play an important role in determining social relations. Language is an arrangement of sound symbols through which people communicate with each other. Law and language are essential elements for the systematic formation of a society and its stability. A lawyer is expected to be brief, concise and to the point. It is not necessary to use very complicated diction or complex syntax, but the point of view or argument must be explicit and clear, citing judgments and precedents in favor of the case. All of this comes from proper education and experience. The foundation for this should be laid if a student wants to study law. Legal language very often uses pronominal adverbs and particle verbs. We find the use of words like hierof, davon and wovon in standard English.
But other derivatives such as -at, -in, -after, -before, -with, -above, -on, -on are mainly used in legal English to avoid repetition of nouns or sentences. Law students must learn very specific terminology, structural patterns, and verbal expressions that interpret laws and rules in the right spirit and place. It is not possible to effectively litigate a case unless appropriate legal language is used. We often see lawyers using foreign expressions to interpret a legal point in an effective and powerful way. In legal English, lawyers use very long sentences to avoid ambiguity and misinterpretation. This trend is the influence of the Latin and French legal systems. In the same way, we see the use of many impersonal expressions or sentence formations. It is often found that ordinary words have different meanings when used in a legal context.
Legal language is a technical language and its translation is also technical. The translator must see the available text in the legal perception in order to be able to carry out an accurate translation or interpretation. But its importance is not yet understood by Indian law schools, as there is still no respectable culture of teaching legal language to students. It is also important for legal writing skills. A well-written document is synonymous with a solid argument and can decide or break a case. A legal document, whether a contract, affidavit or written statement, serves to inform and bind the client and the court on the legal issue. The language used in these documents is legal language, which is syntactically more complex and lexically dense than language. Thus, it becomes essential for lawyers to draft all legal documents accurately, clearly present all essential facts and inspire even a layman for their content, which is only possible if one is familiar with legal language. 2.www.barandbench.com/columns/language-law-incomprehensible-lawyer-part-ii In India, legal language includes the use of legal English, Hindi and other regional languages whenever necessary.
But legal language differs markedly from our common natural language for the following reasons: In recent years, we have seen a campaign by native English speakers to make legal English easy and understandable for ordinary people. However, many lawyers and jurists continue to argue that the legal process and the spirit of the legal system would suffer if traditional terminology, phrases and verbal expressions were ignored. They do not support the campaign in plain English and want to argue their arguments in the traditional way. As a result, translators and ordinary people find it difficult to follow court decisions and procedures.