Relation of Language with law;

Meaning,Importance,
Scope and Problems of Legal
Language
Dr. Sujata Bali,
Assistant Professor,
College of Legal Studies,
UPES, Dehradun.
sbali@ddn.upes.ac.in
 Relation of Language
with law

When language is used in the task of

law-making, it is not only the medium; it
is the law.
-Karl Olivecrona, Law as Fact (1971).
Jurists on relation between
Language and Law
O Glanville Williams deliberated upon the
emotive nature of legal terms.
O Walter Probert- need for word consciousness
on the part of lawyers.
Language is a major instrument of social
change.
O HLA Hart language has an open texture.
O Ronald M. Dworkin, We are beneficiaries or
victims of what is done to the language we
share.
O Lucinda M. Finley, Language matters, Law
matters, Legal Language matters.
 Meaning of Legal
Language
O Legal + Language= a specialised language
O Legal Language means the language which is
being used by the persons engaged in legal
profession. - S.C. Tripathi (2008)
O Legal language means a language used by the
persons connected to the legal profession.-
Anirudh Prasad (2003)
O A specialised language spoken amongst law
professionals.
O Consists of general English words, general
English words having special legal meanings,
legal terms, Latin terms, Latin maxims and new
words as developing by legal practice.
 Importance of legal
language
O Law is made by means of language.
O Words are not only instruments of thought,
but also control it.
O Law by means of language establishes social
control.
O Words are used an a means to achieve
certain objects by legislators, lawyers,
judges, law teachers.
O By legal analysis, micro difference in
meanings of one word, can have different
legal consequences.
 Scope of Legal Language
O Two broad categories of people affected by legal
language:
1. Legal Experts
2. Society
O.Five dimensional communications in the field of
law:
1. Law makers to others
2. Law practitioners to Law declarers & vice versa
3. Amongst Law practitioners
4. Law Practitioners and Clients
5. General Public
 Problems of Legal
Language
1. Uncertainty and doubtfulness
2. Incompleteness of language
3. Changing meaning of words
4. Regional meaning of words
5. Loose meaning of words
6. Emotive nature of legal words
7. Rhetoric language
8. Verbosity
9. Legal terms/ legalism

Legal language problems in Indian context

O Jeremy Bentham (Analytical/Realist
School) emphasised simplification of
legal language.

O Suggested website:
http://www.clarity-
international.net/