Legalese is the formal and technical language used by attorneys, judges, and other legal professionals. Characterized by its complexity, redundancy, and often excessive formality, legalese can be difficult for the layperson to understand. It includes a plethora of legal terms, phrases, and conventions that have developed over centuries, intended to provide precise and unambiguous legal language.
Characteristics of Legalese
Complexity and Formality
Legalese is marked by lengthy sentences, intricate vocabulary, and a high level of formality. The goal is to cover all possible interpretations and ensure clarity in legal documents.
Redundancy
Often, legal documents contain redundant phrases (e.g., “null and void” or “cease and desist”), which aim to encompass every potential legal nuance.
Archaic Language
Legalese frequently uses archaic words such as “henceforth,” “aforesaid,” and “thereupon,” which are not commonly used in everyday language.
Passive Construction
Legal documents often employ passive voice, which can make sentences longer and more difficult to understand.
Types of Legalese
Statutory Legalese
Used in statutes and regulations, statutory legalese aims to be comprehensive and unambiguous but can often be convoluted and dense.
Contractual Legalese
This form is found in contracts and agreements. It seeks to detail every obligation, responsibility, and condition to ensure all parties are fully aware of their commitments.
Procedural Legalese
Present in court documents and procedural texts, procedural legalese guides the legal processes. It is crucial for maintaining uniformity in judicial proceedings.
Special Considerations
Plain Language Movement
Efforts are ongoing to replace legalese with “plain language” to make legal documents more accessible to non-lawyers. This movement advocates for simplicity without sacrificing legal precision.
Interpretation
Misinterpretation of legalese can lead to significant errors in legal proceedings. Thus, it often requires the expertise of legal professionals to translate.
Examples of Legalese
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Notwithstanding the foregoing:
- Legalese: “Notwithstanding the provisions herein contained…”
- Plain Language: “Despite what is mentioned above…”
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- Legalese: “The contract covers, inter alia, payment terms…”
- Plain Language: “The contract covers, among other things, payment terms…”
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Hereinafter:
- Legalese: “This Agreement, hereinafter referred to as “the Agreement”…”
- Plain Language: “This Agreement, referred to as “the Agreement” from now on…”
Historical Context
Legalese has roots in the Middle Ages when legal documents were heavily influenced by Latin and French, the dominant legal languages of the time. It has evolved through various legal traditions and systems, retaining many archaic expressions even today.
Applicability
Legalese is primarily used in legal documents, contracts, court proceedings, statutes, and regulations. Its application ensures that legal texts are comprehensive and cover all potential legal interpretations, albeit at the cost of accessibility for the general public.
Comparisons
Legalese vs. Plain Language
- Legalese: Prioritizes precision and comprehensiveness, often at the expense of clarity and brevity.
- Plain Language: Aims for simplicity and ease of understanding while maintaining necessary legal terms and conditions.
Legalese vs. Jargon
While both are specialized languages, jargon is broader and specific to various fields, whereas legalese is particular to the legal profession.
Related Terms
- Statutory Interpretation: The process by which courts interpret and apply legislation.
- Precedent: A legal principle established in an earlier case that is binding on or persuasive for a court when deciding subsequent cases with similar issues.
- Affidavit: A written statement confirmed by oath or affirmation for use as evidence in a court.
FAQs
Why is legalese so difficult to understand?
Can legal documents be written without legalese?
Is legalese necessary?
References
- Garner, B. A. (2011). Legal Writing in Plain English. University of Chicago Press.
- Williams, J. M. (2005). Style: Toward Clarity and Grace. University of Chicago Press.
Summary
Legalese, despite its complexity, plays a crucial role in the legal field to ensure precision and comprehensiveness. While movements toward plain language are gaining traction, the intricacies of legalese remain essential for the clarity and enforceability of legal documents. Understanding its characteristics and purpose can help demystify this specialized language for the general public.
