LEGALESE AS A FORM OF LEGAL WRITING AND ITS FEATURES

Demchenko S. V.
Kyiv National Linguistic University
Kyrychenko I. S.
CSc. (Philology), Associate Professor
Kyiv National Linguistic University

Legal translation is widely recognized as one of the most challenging forms of

translation, especially when it comes to accurately translating legal documents like
regulations and contracts without fully grasping English legal terminology. It is
crucial to be well-versed in current laws, use specialized vocabulary, and understand
the subtle differences in how legal terms are used in different contexts. And here,
most often, specialists encounter legalese. Mellinkoff (1963) stated that "legalese is a
way of preserving a professional monopoly by locking the trade secrets in the safe of
unknown tongue" (p. 45).
"The changing perspective of legal English vocabulary comprises archaic,
technical and foreign words and phrases, as well as binomials. However, some of
them are unnecessary. It is argued that the choice of words plays an important part in
the ultimate goal of carrying out legal writing in Plain English. The avoidance of
complex, technical, foreign, redundant, rare, or jargon words and expressions is
considered desirable" (Hiltunen, 1999, p. 142). Beyond the standard categories, some
researchers delve deeper into word classification. Garner, for instance, identifies
various types of words used in legal writing, including "fancy words, vague terms,
euphemisms, timid phrases, empty dogmatisms, and neologisms" (Garner, 2002, p.
73).
It is important to note that throughout history, legal English has been influenced
by Latin and French. After the Norman invasion of England, Anglo-Norman French
became the official language of England. For 300 years, it was the language of legal
proceedings. As a result, many of the words used in modern lawyer speeches are
derived from Anglo-Norman, for example "property", "estate", "lease", "executor",
"tenant", "defendant in rem".
Since 1066, Latin has been the language of official statutes, but it has not been
the language of legal speeches or debates. The Statute of Judicature, which was
adopted in 1356, stated that all court proceedings should be conducted in English but
recorded in Latin. Nevertheless, the use of French in trials still continued in the 17 th
century in some areas of law (Gavrilovska, 2005).
In the medieval period, lawyers used a mixture of Latin, French and English.
The use of word pairs from different languages resulted in mixed language doublets
and triplets that still exist nowadays. Although this leads to verbosity, it makes the
meaning clearer, e.g. "responsible and accountable", "bind and oblige", "care and
attention", "due and payable", "heirs and successors", "new and novel". However,
duplicates are not always synonymous, e.g. "directly" or "indirectly".
Legal maxims remain integral parts of legal texts. Their foreign origin often
complicates the discourse, although their presence makes it more sophisticated. Some
of the most famous maxims are Rex Non Protest Peccare that has two meanings: a)
The king is above all laws, and everything he does is just and lawful b) The crown
(king) cannot harm his people; Ignorantia Facit Excusat (ignorance of the law is no
excuse); Noscitur A Socils (the meaning of a questionable word can be found out by
the meaning of the words placed with it) (Broom, 2010).
Currently besides strictly legal terminology, there are also everyday words that
carry specialized meanings within the context of legal English. These words are
termed polysemous lexemes, as they possess multiple meanings, with one being
specific to the legal domain. Terms like “attachment, action, consideration, execute,
party" become technical terms with precise legal definitions (Rylance, 1994, p. 36).
"Attachment" refers to the court-authorized seizure of property as security for a debt
or claim. "Action" pertains to a lawsuit initiated before a court to enforce a right or
claim damages. "Consideration" signifies something of value exchanged to create a
legally binding contract. "Execute" involves the formal process of carrying out a legal
document such as a contract or will. Finally, "party" denotes an individual or entity
involved in a legal proceeding, whether as a plaintiff, defendant, or third party. These
idiosyncratic meanings differ significantly from their usual usage.
The sentence structure in legalese is also often peculiar, mostly characterised by
the separation of the subject from the predicate or the separation of verb forms, which
leads to a decrease in comprehension. There is also the use of different types of
subjunctive mood that are not found in modern English. For example, the subjunctive
mood can consist of a verb in the infinitive form and express roughly the same
meaning as the verbs "let" and "may". This very old-fashioned usage still exists in
legal language. An example is the British enacting clause, which appears at the
beginning of all UK legislation: "Be it enacted by her Most Excellent Majesty the
Queen, by and with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of the same..."
("The Statutes of the United Kingdom of Great Britain and Ireland: William IV.",
1831).
From what it is seen, legalese is characterized by its complexity, verbosity, and
formal tone. It often incorporates archaic terms, Latin phrases, and intricate sentence
structures that can be difficult to comprehend. Precision, consistency, and
preservation of legal tradition are key objectives, ensuring clarity and adherence to
established norms.

REFERENCES
Garner, B. A. (2002). The Elements of Legal Style (2nd ed.). Oxford: Oxford
University Press.
Gavrilovska, S. (2005). English for Law Student. Skopje: Ss. Cyril and Methodius
University.
Hiltunen, R. (1999). Chapters on Legal English. Helsinki: Suomalainen
Tiedeakatemia.
Rylance, P. (1994). Legal Writing and Drafting. London: Blackstone Press Limited.
The Statutes of the United Kingdom of Great Britain and Ireland: William IV. (1831).
(Classic Reprint). Retrieved from
https://www.forgottenbooks.com/en/readbook/TheStatutesoftheUnitedKingdo
mofGreatBritainandIreland_10128311#2