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Legal English has a set of unique characteristics which make it difficult to learn
even for native speakers of the language. Although it does share some characteristics
with other specialised languages, such as lexical repetition or noun
compounds, it also shows certain features that need getting familiar with, since
they may be prove to be particularly tricky.
In most cases those characteristics simply mean a difference in the frequency of
occurrence of certain grammatical features of English (for example, the high
frequency of vocabulary of Greek or Latin origin, or the high frequency of passive
structures). However, in some other cases there is a certain degree of departure from
the typical features of general English, as in the case of the high frequency of
subordinated sentences, the use of compound prepositions/adverbs or the presence
of the subjunctive.
1. Complex prepositional phrases
A feature of legal English is the presence of complex prepositional phrases, which
usually consist of a preposition, + (article) + noun + another preposition. Let us see
some examples:
Complex prepositional phrase
Equivalent
in the event of
if
by virtue of
by
because
in pursuance of
according to
to/for
in accordance with
under
in respect of
under
in conformity with
under/according to
However, there are many more: without prejudice to, for the purposes of, to the
extent that, on account of, in view of, etc.
Below are some examples of these complex prepositional phrases in context:
Member States shall adopt all necessary measures for the automatic
granting of authorisations required for the pursuit of any employment
referred to in Articles 2 and 3. Conditions for granting such authorisations
shall in no instance be less liberal than the conditions in respect of offers to
2. Binomial/multinomial expressions
They are a sequence of two or more words or phrases belonging to the same
grammatical category having some semantic relationship and joined by some
syntactic device such as and or or Bhatia (1993:108). Colloquially they are called:
- couplets (or doublets) when they consist of two elements, such as advice and
consent, under or in accordance with, wholly and exclusively;
- triplets when they include three items, as in rest, residue and remainder or
give, devise and bequeath.
As can be seen in the examples below, they usually combine a native English word
with another term of French or Latin origin whose meaning is very similar to or, in
many cases the same as the first words meaning:
Herein
Hereby
By this document
Hereinafter
Hereinbefore
Hereto
Herewith
Hereof
Heretofore
Thereafter
Hereupon
This lease will be valid from one year from this date and will be renewed
yearly thereafter.
The member States of the Council of Europe and the other Signatories
hereto.
Sanctions Act of 1984 (ITSA). This legislation empowers the SEC to base
enforcement actions on any recognized theory of insider trading
restriction.
8. Connectives
In legal English connectives are scarcely used. Sentences tend to come one after
the other without particles such as meanwhile, since, moreover,
furthermore, etc., which makes reading abrupt.
The only connectives widely used are those which are specifically legal:
notwithstanding, subject to, provided, whilst, where, whereas, etc.
Let us see an example of this lack of connectives:
Member States shall ensure that when a suspected or accused person has
been subject to questioning or hearings by an investigative or judicial
authority with the assistance of an interpreter pursuant to Article 2, when
an oral translation or oral summary of essential documents has been
provided in the presence of such an authority pursuant to Article 3(7), or
when a person has waived the right to translation pursuant to Article
3(8), it will be noted that these events have occurred, using the recording
procedure in accordance with the law of the Member State concerned.
It refers to the insertion of clauses that restrict the meaning of the main clause.
It occurs if two elements of the same phrase (e.g. a noun phrase), which would
normally be situated beside each other in the sentence structure, are formally
separated by another expression or clause being inserted in between them. As a
result of this, the two elements, which are both semantically and structurally
related, may end up distanced from each other in the structure of the sentence and
the close semantic or structural relation between them may become less obvious
http://www.esp(Mackinlay,
world.info/Articles_7/Syntactic%20DiscontLegal.htm).
These constructions are an essential part of legislative provisions:
a
the authority making the request and the authority carrying out the
investigations or proceedings;
b
c
the matters, including the relevant facts (such as date, place and
circumstances of the offence to which the investigations or proceedings relate, except
in the case of a request for notification;
d
i
the text of the statutory provisions or, where this is not
possible, a statement of the relevant law applicable; and
ii
an indication that the measure sought or any other measures
having similar effects could be taken in the territory of the requesting Party under its
own law;
e
i
details of the person or persons concerned, including name,
date and place of birth, nationality and location, and, in the case of a legal person, its
seat; and
ii
the property in relation to which co-operation is sought, its
location, its connection with the person or persons concerned, any connection with the
offence, as well as any available information about other persons, interests in the
property; and
f
In legal texts, as in most specialised texts, style is generally not a priority, which
means that the clarity of the contents takes precedence over the form of the text.
Thus, attention is generally not paid to punctuation, which may be misplaced or
absent altogether. This implies a very careful and attentive reading of the text by
the recipient.
11. Abundance of passive structures
In legal texts passive structures are very frequent because in most cases the core
of the message is the action/fact itself or its result, not the agent of the action.
Some passive structures may be somewhat complex, such as the one cited by
Alcaraz Var (1994:82):
The case was clear authority for the proposition that regard must
be had to the particular circumstances in which the rent payments
were made.
Let us see a few more examples of typical passive structures:
13. Impersonality
Legal texts tend to be impersonal, given the fact that what matters is not so
much who writes the text but what the text itself says.
Some mechanisms to enhance this tendency to impersonality are the use of
passives structures (where the agent is not mentioned, as in unavailable deposits
are not fully reimbursed) and the use of inanimate subjects or ergative structures
(the law establishes).
14. Tendency to avoid the negative particle not
One of the curiosities of some legal texts is the roundabout way in which
negative structures are sometimes formed. There seems to a certain reluctance to
use the particle not, which is reflected in the alternative use of particles with
negative meaning, such as never, unless, except, fail to etc., or terms with a
negative prefix such as un- (unauthorised, undesirable), il- (illegal), im(impossible), ir- (irregular), in- (incomplete), dis- (discontinue,
dissatisfied), etc. Let us see a few examples:
Each Member State shall ensure that within its territory one or more
deposit-guarantee schemes are introduced and officially recognized.
Except in the circumstances envisaged in the second subparagraph and in
paragraph 4, no credit institution authorized in that Member State
pursuant to Article 3 of Directive 77/780/EEC may take deposits unless it
is a member of such a scheme.
The requesting Party shall also provide without delays all complementary
information requested by the requested Party and which is necessary for
the implementation of and the follow up to the provisional measures.
God save the Queen, God help you, So be it, God bless you, Heaven forbid.
Some exceptional cases: The present subjunctive is occasionally found in clauses expressing a
condition, such as If I be found guilty... (more common is am or should be). This usage is mostly oldfashioned or excessively formal, although it is found in some common fixed expressions such as if
need be. Perhaps somewhat more common is the use after whether in the sense of "no matter
whether": Whether they be friend or foe, we shall give them shelter. Analogous uses are occasionally
found after other conjunctions, such as unless (and possibly until), whoever, wherever, etc.: I shall
not do it unless I be instructed; Whoever he be, he shall not go unpunished. Source: Wikipedia,
http://en.wikipedia.org/wiki/English_subjunctive
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