Course 1 - English For Legal Purposes (ELP) or Legal English – Introduction

Associate Professor, PhD. Adina Radulescu

According to Hutchinson and Waters theory, the vast domain of English for Specific Purposes
(ESP) divides into three complex classes, according to the criterion of subject-matter: English for
Science and Technology (EST), English for Business and Economics (EBE) and English for Social
Sciences (ESS).
The study of each field can be approached from two distinct but interrelated perspectives: either
from the angle of EAP courses (English for Academic Purpose) or from that of EOP courses
(English for Occupational Purpose). Although Hutchinson and Waters present these two
perspectives (EAP and EOP) as two different choices that any learner may show preference for
according to their activity, needs and time available, a complete, efficient and practical
specialization in one of these fields should include both approaches, giving priority to the most
urgent needs, yet without excluding the process of tracing the terms of reference in view of a
further learning.
Legal language (LL)
LL has been characterized as a language for special purposes, a technical language, having its
specific vocabulary, terminology, syntax and style. Unlike other technical languages, such as the
language of physics, mathematics or medicine, which are universally valid, the LL is intrinsically
tied to a national legal system. National legal systems have their own legal terminologies, concepts
and rules, which mediate the communication between different legal systems, different laws and
different cultures, hence the difficulty of legal translation.
Reading, understanding, translating, not to mention writing Legal texts seem to be the most
difficult tasks that both law and non-law students seem to be faced with. One of the reasons is that
the domain itself, namely the legal system differs from one state to another (common law vs. civil
law). Therefore, the legal terminology differs accordingly and translators of legal texts should
always have this in mind. Even if American and respectively British legal experts pretend to use
the same English, in fact they speak two different legal languages. Here are some examples that
highlight the fact that one and the same legal notion sometimes has two different legal expressions
or that one and the same legal term designates different legal notions:
 British Legal Term American Legal Term Observations
licence (noun) license (noun) no semantic difference
shares, shareholders stocks, stockholders no semantic difference
Articles of Association Bylaws An official document governing the
running of a company. It constitutes a
contract between the company and its
members, setting out the voting rights
of shareholders/stockholders, their
annual meetings, the board of
directors, etc.
to issue legal to bring legal proceedings the same meaning = to commence or to
proceedings file legal proceedings in court

Classifications of legal texts:

Many specialists have operated several classifications of legal texts according to different criteria.
For instance, Bhatia (1993) operates the following division of the legal texts based on the genre
of the legal writing:
(a) academic legal writing as in law journals,
(b) juridical legal writing as in court judgments, and
(c) legislative legal writing as in laws, regulations, contracts, and treaties.
Another valuable distinction for the legal translator is the one operated between:
(a) public official documents, including court documents (e.g. court rulings, summons notices,
briefs, judgments, etc.), and
(b) private official documents, including notarial documents (e.g. marriage contracts, contracts
of purchase and sale of lands, licenses, legal correspondence, etc.).
Deborah Cao (2007) also classifies legal texts into four major sub-varieties depending on the legal
status of the legal text:
(a) legislative texts, e.g. domestic statutes and subordinate laws, international treaties and
multilingual laws, and other laws produced by law-making authorities;
(b) judicial texts produced in the judicial process by judicial officers and other legal authorities;
(c) legal scholarly texts produced by academic lawyers or legal scholars in scholarly works and
commentaries whose legal status depends on the legal system in different jurisdictions; and
(d) private legal texts that include texts written by lawyers, e.g. contracts, leases, wills and
litigation documents, and also texts written by non-lawyers, e.g. private agreements, witness
statements and other documents produced by non-lawyers and used in litigation and other legal
situations.

PRACTICAL TASK: Read the following legal texts and identify which particular category
they belong to, according to the classifications above:

TEXT 1
§ 3052 - Powers of Federal Bureau of Investigation

The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and
agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms,
serve warrants and subpoenas issued under the authority of the United States and make arrests
without warrant for any offense against the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such felony.

Text excerpted from Chapter 203 – Arrest and commitment (US Penal Code, Part 1,
Criminal procedure)
(http://www.law.cornell.edu/uscode/text/18/part-II)

TEXT 2
Chief Justice John G. Roberts: We'll hear next argument this morning in Case 12-464, Kaley vs.
United States. Mr. Srebnick?
Howard Srebnick: Thank you, Mr. Chief Justice, and may it please the Court:
When the government restrains private property, the owner of that property has the right to be
heard at a meaningful time and in a meaningful manner. For a criminal defendant who's facing a
criminal trial, whose property has been restrained, that time is now, before the criminal trial, so
that he or she can use those assets, that property, to retain and exercise counsel of choice.
Justice Antonin Scalia: Well, -- you know -- I find it hard to think that the right of property is any
more sacrosanct than the right to freedom of the person.

TEXT 3
“Intellectual property law deals with the rules for securing and enforcing legal rights to inventions,
designs, and artistic works. Just as the law protects ownership of personal property and real estate,
so too does it protect the exclusive control of intangible assets. The purpose of these laws is to
give an incentive for people to develop creative works that benefit society, by ensuring they can
profit from their works without fear of misappropriation by others.”

(Text adapted from http://www.ipo.gov.uk/types.htm)

TEXT 4

THIS IS THE LAST WILL AND TESTAMENT of me:

1. I revoke all previous wills made by me

2. Subject to the payment of my debts funeral expenses and administration expenses I give all
my estate both real and personal to my wife and appoint her sole executrix of this my will.
3. If my wife dies before me or the gift to her shall fail for any other reason then subject to
payment of my debts funeral expenses and administration expenses I give all my estate both real
and personal to my son of and appoint him sole executor of this my will.
4. I wish to be cremated and have my ashes scattered.

IN WITNESS whereof I have signed this my will this day of ………….[month year]

Signed by the said as his ……………… [Signature of testator]

last will in the presence of us …………………… [Signature of first witness]

both being present at the same …………………… [Name, address and occupation of time who
at his request and in first witness]
his presence and in the presence ……………………..[Signature of second witness]
of each other have hereunto ……………………… [Name, address and occupation of signed our
names as witnesses second witness]