ORIGINS

The history of Legal language begins

in ancient Britain and develops
successive waves of invaders – Anglo-
Saxons, Scandinavians, Norman
French – left their marks not only on
the English language in general, but
on legal English in particular.
 REASONS FOR THE SPREAD OF LEGAL
ENGLISH
 Conversion to Christianity
Development of centralized system of justice
The rise of legal profession
The spread of writing and printing
The invaded became the invaders and
propagated English and legal system across
the globe
 LEGAL LANGUAGE- HISTORY – NEED
TO KNOW

 It is impossible to appreciate legal language

without knowing something about its history
All the odd characteristics of the speech and
writing of the lawyers have some historical
basis
 Knowing the reasons for these features may
help us determine their usefulness today
The Indo- European Family of Languages
 THE CELTS
 The inhabitants of England before the time of
Christ were Celtic
The Celts inhabited not just much of Britain
and Ireland, but large parts of Central and
Western Europe as well.
 Their language is a branch of Indo- European,
Celtic is ultimately related to English
 ENGLISH AND CELTIC
English does not derive from Celtic
Celtic languages did not leave any traces in
English
Most of the Celtic remnants in England are
place names including
CORNWALL
AVON
DOVER
LONDON
 British CELTS- LEGAL LANGUAGE
 Had little lasting impact on the present day
legal language
Inferences made based on the surviving
manuscripts of Celtic law from Wales and
Ireland
Expressed much of their law in in legal sayings
or maxims – semi-poetic/rhetoric , often
alliterated
 ALLITERATION
• Alliteration is derived from Latin’s “Latira”. It
means “letters of alphabet”. It is a stylistic
device in which a number of words, having the
same first consonant sound, occur close
together in a series.
• Examples:
• But a better butter makes a batter better.
• A big bully beats a baby boy.
CELTIC- MANUSCRIPT
 CELTIC LAW
Oral tradition in the form of poems
 “Sing-out” legal aphorisms
Poets acted as judges
Use of poetic language became problematic
 Instances- King removed poets as judges
because of the obscurity of their language!
 ROMAN CONQUEST
Romans conquered much of Celtic territory
including England
Despite of Roman conquest, masses never
switched to Latin
Roman law has very little impact on this
region
Roman law operated only o Roman citizens in
Briton
 END OF THE CELTS
 Effect of Roman law on Celts- highly
insignificant
In the 5th century, Celts largely disappeared
along with the Roman legions
THE CELTIC BRITONS
The Britons were an ancient Celtic people who
lived on Great Britain from the Iron Age
through the Roman and Sub-Roman periods.
They spoke a language that is now known as
Common Brittonic.
 POST- CELTIC CONDITIONS
After Romans departure, Britons lost
protection against raids by Picts and Scots
 Long pacified by the Romans, Britons lacked
the skills and resources to defend themselves
Appealed help from other warlike Germanic
tribes living on the continent
 In fended Picts and Scots
 ARRIVAL OF ANGLO-SAXONS
Around AD 450, boatloads of Angles,Jutes,
Saxons, Frisians arrived on a battle with
Britons
Took control of other tribes and most part of
the today’s England
 All the tribes joined in them
Domination was so complete that their
territory became – ANGLE-LAND, ultimately
producing the name ENGLAND
 ADOPTING NEW LANGUAGE
Most of the tribes adopted the new language
Only Cornwall and Wales remained Celtic
speaking areas
Welsh is spoken even now, Cornish died out
relatively recently
Other Britons fled to the continent, to the
Celtic enclave of Brittany in France
 SETTLEMENT OF ANGLO- SAXONS
Germanic tribes spoke different languages
that came to a form – ANGLO- SAXON or OLD-
ENGLISH
Settled down after they lost their wander lust
Over time, tribal structure of Anglo- Saxons
was replaced by several kingdoms
KENT, ESSEX, SUSSEX, WESSEX, EAST ANGLIA,
MERCIA and NORTH UMBRIA
 LAWS AND LEGAL WORDS
 Developing political institutions increased the
desirability of written laws
 Around early 600 King Aethelbert of Kent
produced written laws in Old English
Eventually, several kingdoms were
consolidated into single kingdom of England
Their legal words include
Bequeath murder theft
Goods right ward
Guilt sheriff
Land steal
Manslaughter swear
Murder theif
WITNESS –ANGLO -SAXON witan (to know)
Originally meant Knowledge, now evidence
WIT – to use knowledge (earlier)
humour (now)
GEWRIT/ WRIT (related to written)– Anglo-
Saxons written document to confirm a grant of
land, often sealed letters
 will- originally meant I desire,
• Now also used as a modal verb
ANGLO – SAXON word – ic wille (I DESIRE)
• Moot – meeting (OE word formed through
umlaut)
MOOT- MEET
Umlaut and Ablaut
 COMPLEXITY IN LAWS
The written laws were more complex because
of the usage of complex sentences instead of
simple sentences
 CHRISTIANITY AND LATIN
Significant change for language and law of
England – landing of Christian missionaries in
597
Though Christianity entered during Roman
times, it gained foothold on in 597
Church established in Canterbury with its first
archbishop in 601
 Christianity spread throughout England
 LITERACY AND WORDS

• Christianity promoted literacy by contributing

new words
• Latin- used as legal language
Client clerk(then priest)
Conviction
Admit
Mediate
legitimate
 THE SCANDINAVIANS
 During 8th century, Vikings from Scandinavia
invaded the English coast
Over next few hundred years they sacked
churches and monasteries
These Northmen occupied most parts of the
land
SCANDINAVIAN LAW – LEGAL WORDS
In 9th and 10th centuries Scandinavian law
known as the Dane Law governed parts of
Eastern England
 They made lasting impact on English language
Contributed the word ‘law’, derived from the
Old Norse ’lay’- etymologically meant – “that
which is laid down”
• Law- law-er- law-y-er
• They
• Their
• Skin
• Sky
• Take
• Stefnan(summon)
• Gift, loan, sale
• Most disappeared after Norman Conquest