LEGAL LANGUAGE

04.01.2023
 4th CA – Assignment – Gender related complications in law
06.01.2023
Precision
 Avoiding Pronouns
 Masculine includes Feminine
Eg : Rashtrapati, lordship, etc
 Passive voice and nominalisation
Eg : Text was altered used instead of the accused altered the text – also helps in taking
forward the principle of not guilty until proven
 Difficulty in definitions – Eg : Article 12
 Flexibility v. Precision
Lawyers are often torn between the conflicting goals of flexible communication
(through the use of general language) and precision (often by using word lists of
specific examples).  Sometimes it is possible to avoid the vagueness problems
inherent in flexible terms by using a word list, which tends to allow for more precise
communication.  This is illustrated by a hunter harassment statute, which a court
struck down on vagueness grounds when it forbade harassing hunters in general
terms, but later upheld after the legislature added a specific list of prohibited
activities.  But aiming for precision by using lists has its costs.  There are several
interpretive maxims, including noscitur a sociis, ejusdem generis, and expressio
unius, which all tend to restrict, rather than expand, the interpretation of items in a
list.  Elsewhere, flexible language has sometimes proven preferable to precise lists, as
shown by developments in the prudent investment rule.  Lawyers consequently aim to
achieve the best of both worlds by using phrases like any X, including but not limited
to a, b, and c, thus marrying the general and the specific, but there will inevitably be
tensions between the two.
Lexicon
 Archaic – Antiquated features
 Newisms – Some innovations recognised – Eg : Palimony, IP law
 Adding – ee
 Conservative/Innovative – Mix of both
Conservative in sacred and authoritative texts.
Innovation due to the changing social status
07.01.2023
 Formalistic and Ritualistic
 Do and Shall
o Hereby can be an alternative
o Do solemnly swear
o Shall in legal language – Must
  Jargon and Argot
o Legal language is more of Jargon
o Jargon – Difficult language
o Argot - Coded
 Homonyms and Polysemy
o Polysemy – One word having multiple meanings
Motion, Notice, house, bar, bench, judge, party, record, deed, suit, matter,
case, provisions, act, will, file, court, Tender, Book
o Homophones– Different spelling, same pronunciation
Council – Counsel
Bare – Bear
o Homonyms – Different pronunciation, same Spelling
09.01.2023
Interpretation and Meaning
 Descriptive v. Prescriptive Definitions
o Definition clauses in legislation – Prescriptive
o Legal language has Prescriptive definitions
o References – descriptions – referential v. attributive
References play an important role in law.
Another significant diff is referential v. attributive laws
Eg of Attributive – EWS, Force Majeur, Taxation
 Types of Documents
o Operative
o Expository
o Persuasive
 Legal language is not Monolithic
 Legal language is not dialect but has location based dialects
Eg : Vakalat Nama
 Legal Slang – Eg : SLAPP (Arun Jaitley, MJ Akbar)
 Textualism
o When you consider text to be god, you refuse to understand the practical
aspect of it as well as the living memory of past events. Excessive reliance on
texts. EG : CAA – Most people are not aware that the CAA consists of the
opinion of the Home minister.
10.01.2023 – Tuesday
 O J Simpson Case – Manipulation of Legal Language
 Law is not as objective as it seems. Depends on the proceedings and what happens in
the court room.
In the Courtroom
 Storytelling in the courtroom - How Convincing you are in the courtroom
OJ Simpson – Racial prejudice was used to not use the investigator’s testimony
 Language Variation
 Direct Questions/ Leading Questions – Undermining previous statements
 How common man comes to know about amendments – Gazette notifications
 Common man is unaware of law
 Emotions cannot be recorded through court room reporting
 Instructing the jury
 Rudolf Flesch Readability Test