Characteristics of English Legal Language! {9 `9 \7 d/ G& ^
1. Extreme linguistic conversion of legal English: copied directly from "form books"(法典)
; g4 ?8 I+ V/ W+ ~ 2. Unbroken format in early legal documents: no spaces provided (to avoid fadulent deletions and additions)
1 }2 i# \9 A7 h0 S( a3 d; P 3. The use of graphological devices as a means of revealing structure, content and logical progression: eg. an important word capitalized or underlined.5 J5 [1 d/ r# c7 _
4. The dearth of punctuation to prevent forgery., r. x$ {+ [9 w( D! w9 ~/ L3 D" e6 m+ G) N
5. Legal documents composed as one very long sentence - no question of sentence linkage, except:
' b1 P% N. j+ E3 k" D+ t - the repetition of lexical items.
, \4 P; H# _# {) g& Q. ` - substitute words not tolerated: eg. he, she, it, they(pronoun reference); do; this, that(anaphora)
; f+ u; b+ U/ v2 e! k3 ` 6. Legal English contains only complete major sentences: eg. statements, no question, occasional commands.
3 b# W7 E$ M3 L+ H7 d& u: Y 7. Legal sentences have an underlying logical structure: "if X, then Z shall be (do) Y" - "if X" = conditional/ concessive adverbial clauses:
6 S2 ~. i0 x$ P6 @5 U+ L" s% | eg: co-ordinated adverbials: on the expiration …… or on the previous death ……/ subject to any authorized endorsement …… and to the production……
$ q& j+ Z4 E2 ~8 J( k0 q% e7 P 8. Written legal English contains nominal group structures (eg: post-modification in the nominal groups):eg. any insstalment then remaining unpaid, hereinbefore reserved and agreed to be paid during the term.8 m5 P7 \+ n2 Y3 ^5 L) u" r' m0 c
9. Adjectives and intensifying adverbs are almost completely absent:
h7 W/ E9 U/ u: u2 o eg: splendid, wise, disgusting, happy(adjectives) ; very, rather(intensifying adverbs)
0 U m. ^/ m$ b3 ] m& f8 y 10. Nouns modified by structures of post-modification are "abstract": eg. declaration, conditions, termination, stipulation, possession
5 N9 }; T, H7 W 11. Verbal groups are of the type: modal auxiliary (shall) + be + past participle : shall is used to express what is to be the obligatory consequence of a legal decision, and not simply as a marker of future tense.7 A2 Z- u0 h3 [- Z. g* q
12. Preference for archai words and phrases:
' j3 y. l8 l3 ]0 ?* J eg: duly, deemed, expiration, terminated (words); term of years, upon the death of (collocations); made and signed, terms and conditions, able and willing (synonymns are coordianted: native English and borrowed French terms for the same referent)
" ]; K- l* H: v 13. There is a large French and Latin element in English legal vocabulary, eg: proposal, effect, society, asurance, insured, schedule, duly, signed, agreeing, policy, subject, rules, form, terms, conditions, date, entrace, accepted (French origins); bais, table, declaration, registered, stated, part (Latin origins) |
发表于 2012-8-16 08:34:12
