Characteristics of English Legal Language; \( h. f; B- a3 s
1. Extreme linguistic conversion of legal English: copied directly from "form books"(法典)8 a4 W% L, k- \6 W% w
2. Unbroken format in early legal documents: no spaces provided (to avoid fadulent deletions and additions)- _% H3 ^- V' _
3. The use of graphological devices as a means of revealing structure, content and logical progression: eg. an important word capitalized or underlined.
1 R. Y. O1 a( ? 4. The dearth of punctuation to prevent forgery.
, h5 Z/ \: W1 L# g H) u& \0 J% ~) t 5. Legal documents composed as one very long sentence - no question of sentence linkage, except:
5 I0 ~9 J( c0 e) i: d5 w - the repetition of lexical items.
) S; c/ n3 k3 I. o - substitute words not tolerated: eg. he, she, it, they(pronoun reference); do; this, that(anaphora)
. u& B5 Y8 N5 W0 } 6. Legal English contains only complete major sentences: eg. statements, no question, occasional commands.8 F3 | G+ W; `5 U* w" ]) {
7. Legal sentences have an underlying logical structure: "if X, then Z shall be (do) Y" - "if X" = conditional/ concessive adverbial clauses:' i& k- W0 O( i# ]; w' t! N
eg: co-ordinated adverbials: on the expiration …… or on the previous death ……/ subject to any authorized endorsement …… and to the production……
5 G$ r U$ T! s5 q2 g 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.4 q+ }! V: [# f/ _: {6 q
9. Adjectives and intensifying adverbs are almost completely absent:
3 K+ J v! ^4 n9 W eg: splendid, wise, disgusting, happy(adjectives) ; very, rather(intensifying adverbs)2 q3 S5 k+ F7 E; b7 Z
10. Nouns modified by structures of post-modification are "abstract": eg. declaration, conditions, termination, stipulation, possession
: @" ^% e1 Z- R" D, N; d' N; J 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.
5 O) j+ A4 D& x* K1 l7 R4 W 12. Preference for archai words and phrases:
6 e. V3 a1 i0 u4 D: O- l 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)
# H5 g, m6 r7 ~) T; _3 F% m 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
