LEGAL TEXTS

A legal text is something very different from ordinary speech. This is

especially true of authoritative legal texts: those that create, modify, or
terminate the rights and obligations of individuals or institutions. Such
texts are what J.L. Austin might have called written performatives. Lawyers
often refer to them as operative or dispositive.
Authoritative legal texts come in a variety of genres. They include
documents such as:
Ø constitutions
Ø contracts
Ø deeds
Ø orders/judgments/decrees
Ø pleadings
Ø statutes
Ø wills
Each genre of legal text tends to have its own stereotypical format, is
generally written in legal language (or "legalese"), and usually
contains one or more legal speech acts that are meant to carry out its
intended functions. Thus, a contract almost always contains one or
more promises, a will contains verbs that transfer property at death,
and a deed transfers property during the lifetime of its maker.
 Structure of Legal Texts
Internal structure of legal texts comprises of three main linguistic
features i.e,
ØStyle
ØLexicon
ØGrammar
Style
ØUse
Use of capitalization: The legal texts involves extensive usage of
capital letters to emphasize the importance of key elements of the
text.
ØUse
Use of emphatic devices: To emphasize the key elements of the legal
texts some emphatic devices like italics, bold text, underlined texts
etc., are used.
ØStyle
Style of legal texts also includes the format of the texts, the small
statements, paragraphs, serial numbers like Art. 1, Art. 2, Art 3………..
ØAppropriate
Appropriate usage of punctuation marks can be seen in legal texts
like ?, :, !, :- and commas are frequently used.
Grammar
ØThe
The legal texts involve extensive and frequent usage of conditional
clauses, like if/should.
e.g., if a person violates the traffic rules, he/she should be charged
with Rs……..
 Lexicon
Ø The
he major and main feature of legal texts which distinguish it from
other texts is the extensive usage of particular legal lexical items like
whereby, whereof, thereby, hereby, etc.
e.g, “I…………….. s/o-d/o………….hereby
d/o………….hereby declare as under:
In witness whereof, I have here unto set my hand and seal at………
this Monday date 20th of April.”
ØThere
There is also an extensive usage of contextual legal terms (lexical
items) in legal texts like summon, adjourned, warrant to, etc.
e.g,, “the chairman has adjourned the meeting.”
“summon up the courage to talk to someone about the debit of
money issue.”
Paper: Translation
3rd Semester.
M. A. Linguistics,
Department of Linguistics,
University of Kashmir