INTRODUCTION

LecturerProf.dr.sc. Lelija SočanacOffice hours: Monday 16.30 – 17.30 h,

Gundulićeva 10, Room 5E-mail: lelijasocanac@yahoo.com lelija.socanac@pravo.hr

LITERATUREMattila, Heikki E.S., Comparative Legal

Linguistics .- Burlington: Ashgate, 2006

ADDITIONAL READING Bhatia, Vijay K. et al. (eds.), Multilingual and Multicultural Contexts of Legislation : an

International Perspective .- Peter Lang, 2003. Bhatia et al. (eds), Legal Discourse in Multilingual and Multicultural Contexts .- Peter

Lang, 2003 Bhatia, F (ed.), Vagueness in Normative Texts .- Peter Lang, 2005 Eades, Diana, Sociolinguistics and the legal process. Multilingual matters, 2010. Extra, Guus; Gorter, Durk, Multilingual Europe: Facts and policies. Mouton de Gruyter,

2008. Gotti, Maurizio, Giannoni D. (eds.) New Trends in Specialized Discourse Analysis .- Peter

Lang, 2006 Kniffka, Hannes. Working in language and law : A German perspective. Palgrave

Macmillan, 2007. Olsson, John, Forensic Linguistics.- London: Continuum, 2008. Olsson, John, Word Crime: Solving crime through forensic linguistics. London : Continuum,

2009. Shuy, Roger W. Linguistics in the Courtroom: a practical guide. Oxford University Press,

2006. Shuy, Roger W., Fighting over words: Language and civil law cases. Oxford University

Press, 2008. Shuy, Roger W. The language of defamation cases. Oxford University Press, 2010. Shuy, Roger W. The language of perjury cases .- Oxford University Press, 2011. Šarčević, Susan, New Approache to Legal Translation. Kluwer Law International 2000. Wagner, Anne; Cacciaguidi-Fahy (eds.) Legal Language and the Search for Clarity.- Peter

Lang, 2006

TIMETABLE WEDNESDAY 14.30-15.00

12 March: Introduction to Linguistics:19 March: Introduction to Legal Linguistics26 March: Functions of Legal Language 2 April: Characteristics of Legal Language 16 April: Legal Terminology23 April: The Heritage of Legal Latin30 April: Legal German 7 May: Legal French14 May: Legal English21 May: Changes in Legal-linguistic Dominance in the

International Arena28 May: Conclusions

AssesmentOne semester: 60 pointsAttendance: 30 points (+10 for active

participation)Seminar paper: 10 points (+5 for excellence)Presentation: 10 points (+5 for excellence)Written exam: 15 pointsOral exam: 15 points

Suggested topicsLegal languagesLegal terminologyLegal translationCharacteristics of legal discourseLegal linguistics and the search for clarityLanguage in the courtroomForensic linguisticsLanguage legislationLinguistic human rightsLanguage policy and planning: official languages,

minority languages

Some legal-linguistic narratives1. A court has to determine the meaning of

chicken, a word used in a contract on chicken delivery between two parties who disagree. The plaintiff pretends that it includes young birds only while the defendant insists upon all fowls being perceived in trade as chickens (Cf. Frigaliment Importing Co. V. B.N.S. International Sales Corp. 190 F. Supp. 116 (S.D.N.Y. 1960)

Some legal-linguistic narratives2. An accused in a common law country does

not use the honorific form Your Honor when addressing the judge

Some legal-linguistic narratives3. A legal writer introduces a chapter on the

EU law in his text-book for law students with: The law relating to the European Community is now a wide ranging subject. European Community law intrudes upon, and affects, an ever increasing volume of domestic law and now represents and important source of law in the United Kingdom.

Some legal-linguistic narrativesA court has to decide whether protective

gear can be perceived as accessory to roller blades under U.S. Customs Regulations (Cf. Rollerblade, Inc. v. U.S. 282 F. 3d 1349; Fed. Cir. 2002)

Some legal-linguistic narrativesLanguage use in law differs as the context of

use is changingSituations of language use: contexts in which

speakers engage in legal discoursesIt is decisive to establish the appropriate

perspective upon the language, both in the situation of use and in the situation of reflecting upon the use; otherwise, language will not work properly

It will lead to confusion that, expressed in terms of law, means injustice

Some legal-linguistic narrativesHow does the judge determine the meaning

of a world that belongs to ordinary language? (chicken); the scope of application of the term (accessory)

Your Honour – a pragmatic issue – based on linguistic convention of use; what are its legal implications? The legislation prohibits the parties from offending the judge, but is the omission of the honorific an offence?

PreviewLanguages for specific purposes v. ordinary

languageLegal language v. other LSPs: history, target

audienceGenres of legal languageCharacteristics of legal languagesBeginnings of interest in legal languageRise of legal linguisticsRelevance of legal linguistics for linguistics and lawRelated branches of law/linguisticsPractical application

Language for Specific Purposes (LSP) refers to two areas within applied linguistics:One focusing on the needs in education and

trainingOne with a focus on research on language

variation across a particular subject field

LSP: Education and TrainingLSP - approach to second or foreign language teaching

and training that addresses specific needs of learners who need that language as a tool in their education, training or job.

Needs analysis – crucial for development of LSP programs

Students - encouraged to take active roles in their own learning and question what they have been taught.

"A negotiated syllabus means that the content of a particular course is a matter of discussion between teacher and students, according to the wishes and needs of the learners in conjunction with the expertise, judgement, and advice of the teacher” (Hyland 2009)

LSP: ResearchLSP - also refers to a branch of applied

linguistics which deals with a variety of language used by members of a particular subject field, concentrating on its genres, stylistic features and terminology

This research is relevant for such areas as language education, translation and specialised dictionaries

Legal Language A functional variant of natural language, with

its own domain of use and particular linguistic norms (phraseology, vocabulary, hierarchy of terms and meanings)

Legal language as language for specific purposes (LSP)Legal language – based on ordinary languageLegal terms whose properties vary according

to the branches of lawCharacteristics that distinguish legal

language from ordinary written language (e.g. sentence structure)

Specific legal style

Legal language as a “technolect”- a language used by a specialist profesion (lawyers)In the courts and in the government – professionals

who are not lawyers (jury members, lay judges, administrators)

Ordinary citizens (will)Target of messages transmitted in legal language:

whole population, certain layers of the population, or a number of particular citizens

Law requires compliance of all people; court judgment relates to the parties involved in the case

Legal language – not an instrument aimed solely at internal communication within the legal profession

Legal language: special characteristicsGoverns all areas of social lifeThrough intertextuality, can be combined

with language from any domainVery old, which is not the case with other

LSPsIt has shaped the ordinary language of

various countries in a significant way

Multilingualism and the lawThe population may use another language

than that used in everyday communicationMiddle Ages: LatinToday: legal language of African countries –

English or French; local languages spoken in everyday communication

In Finland: legal language until 19th c. - Swedish

Genres of legal languageLanguage of lawyers: legal authors,

legislators, judges, administrators, advocatesContinental Europe: notarial language:

private-law documents drawn up for hundreds of years by notaries

Genres of legal languageLanguage of statutesLanguage of judgmentsLanguage of legal doctrineLanguage used by lawyers in professional

discussions and pleadingsLanguage used by lay persons in legal

contextsLanguage used in administration

Language of legal authorsGreater freedom than other sub-genresScholarly vocabulary (e.g. Latin terms and

sayings)

Courtroom language:especially formal, often archaicCategoric character : judges use unreserved

declarations and peremptory ordersFrance: courtroom language is laconic when

it comes to reasoning of judges; detailed argumentation, abundance of rhetoric, typifies the language of counsel

Judgments: in former times: highly complex sentence construction; in some countries, that remains the case today

Classifications of legal terms and conceptsSub-genres on the basis of branches of lawSpecialist terminology of each branchA part of legal terminology: universal, but:Criminal law – terms that are almost never

used in the texts on the law of property or constitutional law

In some branches of law legal terminology mixed with non-legal technical terminology, e.g. psychiatric terminology in criminal law, accountancy in tax law, etc.

Legal JargonStyle of legal language: a spectrum that extends

from the solemn cast of the Constitution to everyday legal language

All professions develop their own jargon, which strenghtens internal relationships and coherence of the group

Part of legal jargon – common to all sub-groups of lawyers

Some expressions - only used by a single sub-group of lawyers, or even within a particular court or department (ministry, supreme court)

Counter-language of the Criminal Fraternity

The language of offenders – a counter-language of legal language, notably criminal law

The heart of this: prison slangFunctions: strenghtens relationships of groups

of prisoners in relation to prison officers and the jsutice system; a secret code, rapidly changing and largely unknown to prison officers; frequency of synonyms (in Finnish prison slang:70 expressions to describe a police officer, 30 to describe imprisonment)

Beginnings of interest in legal languageLaw – bound to languageIn some contexts, linguistic aspect of law

dominates: legal translation, legal lexicography, legal rhetoric

Legal translation1st legal translated text that has survived:

the peace treaty between the Egyptians and the Hittites dating from 1271 BC, followed by innumerable translations

Corpus iuris civilis – first translated into Greek, than into many other languages

In medieval times, legal translation focused on Latin: texts were translated from different vernaculars into Latin and from Latin into various vernaculars

Legal researchAncient Greece and Rome created a conceptual

system of law which requires clarifying connections between legal concepts

Defining terms expressing conceptsThis has led to compiling legal lexicons1st legal lexicon: Gaius Aelius Gallus, De

verborum quae ad jus pertinent significatione (‘on the meaning of words referring to the law’), 1st c. BC

Tradition of legal lexicography: carried on in Byzantium and in Western Europe

Legal lexicographyIn Western Europe – medieval legal

dictionaries first published in Latin, later in new national languages

1st bilingual lexicons of legal language – compiled in Byzantium (Latin-Greek lexicons)

The lexicons became necessary when Greek was beginning to replace Latin in legal affairs, and Byzantine jurists’ grasp on Latin was on the wane

Lexicons- partly encyclopaedic dictionaries, partly dictionaries of definitions

Legal lexicographyLater, an analogous need arose in Western

Europe as to links between Latin and new national languages

As West European lawyers’ grasp of Latin weakened, dictionaries of legal Latin assumed growing importance

When Latin was replaced by modern languages, the need arose to compile legal dictionaries between various European national languages

RhetoricIn Ancient Greece, r. was closely connected

with activities of advocates before the courts1st treatise on rhetoric – written by Corax of

Syrecuse in 5th c. B.C.; its focus: legal rhetoric

In the Middle Ages, rhetoric was one of the three subjects of the teaching trivium (grammar, logic and rhetoric); an important place in the training of European lawyers

Legal linguistics todayModern linguistics developed at the

beginning of 20th c.Enormous progress of science and

technology in 20th c. gave birth to study LSP (Fachsprachen, langues de spécialité both comparatively and in relation to ordinary language)

Legal linguisticsLinguistique juridique, jurilinguistiqueRechtslinguistik (Recht und Sprache)Juryslingwistika (Polish)Pravovaia lingvistika (Russian)

Legal linguisticsResearch: synchronic (contemporary

language) or diachronic (historical)Canada: contrastive analysis of two legal

languages (English and French); closely bound up with the science of translation; this type of legal linguistics has spread to other countries, such as Poland

Legal linguisticsIn all schools undertaking research into legal

language, lawyers and linguists are to be foundResearchers: often dual training, or a study is

carried out in close cooperation between lawyers and linguists

Today researchers with linguistic training often use quantitative methods with the aid of computers; a typical research subject: occurrences of terms, or other linguistic elements (e.g. prefixes, suffixes) in legal texts

Legal linguisticsResearch topic: understandability and

readability of legal texts from the stand-point of non-lawyers

Characteristics of the language of legislative drafting

Studies by lawyers – often diachronic, connected with history of law

Legal linguisticsExamines the development, characteristics

and usage of legal languageStudies may concern vocabulary

(terminology), syntax (sentence structure), semantics (meanings), pragmatics (implicatures, speech acts), sociolinguistics (study of language in social context), etc.

A synthesis between legal science and linguistics, notably applied linguistics

Legal linguisticsClosely connected to semanticsLexicology – a central position; it is through

terminology that legal language differs from ordinary language

Legal lexicography – compiling legal lexicons and dictionaries

Syntax: sentence length, frequency of subordinate clauses

Legal linguisticsMorphology: the construction of compound words

from the standpoint of their clarity - important in German, Swedish, Finnish)

Forensic linguistics - examines production and perception of utterances from the legal standpoint, notably in courts: phonetic analysis of human voice (threatening phone calls), verifying the authenticity of documents

Research into legal style (application in rhetoric): how advocates convince judges of the worth of their messages

Legal linguistics: diachronic approachhow vocabulary has changed over time; the countries and epochs of origin of borrowed

legal words; how is legal language used in various legal sub-

cultures (researchers, judges, advocates); to what extent is legal terminology known by

the general public; how and when lawyers began to use modern

languages instead of Latin and what is the current importance of Latin in today’s legal languages

Legal semiotics and legal symbolism

Spoken language is only one means of communication; animals transmit messages without language

Human beings also communicate in different ways

Semiotics examines all kinds of communication together

Legal semioticsResearch into the symbols of power and

judicial ritualsMessages that are not verbal, but that

express the authority and prestige of judicial bodies: solemnity of court-houses, judges’ dress, positioning of judges and parties in the courtroom, rituals of legal procedure – wordless messages

Legal semioticsClosely related to legal linguistics: the tone of

the judge, the prosecutor, and the advocate, rhetorical pauses in their speech, the requirement that the public maintain absolute silence

Written presentations: the material, colour, decoration of documents

Legal semioticsLegal circles employ non-verbal signals that

transmit legal messagesHow effective is legal communication by non-

verbal means?E.g. drawings or charts annexed to a contract or

a lawBody language (e.g. traffic police hand signals),

visual signs (road signs, landmarks), sound signals (river traffic communications)

Symbols expressing authority: heraldry, flags, medals

Legal informaticsExamines and teaches various forms of relationship

between the law and information and between law and informatics, as well as related problems of legal regulation and interpretation

Legal style, structure of laws, intertextual referencesSystematisation of legal textsStructure of legal texts, use of notes and appendices,

methods of emphasizing passages in the text and of showing links between different parts of the text (chapter and paragraph numbering, bold or italic script for headings and key words)

Link with legal scienceSystematizes the legal order through legal

conceptsPrimary interest – conceptsLegal linguistics – terms are the primary

object of researchLegal science – meaning of legal terms

Links with other legal studiesLegal theory, legal informatics, legal sociology,

history of law – fundamental importance from the standpoint of legal linguistics

In the development of legal language, history of language and history of law are fused; impossible to understand the circumstances in which legal language is used without knowing sociological dana

Comparative law - helps legal linguist to understand the interactive links between various languages used for legal purposes

Legal interpretationSemantic and syntactic arguments –

important partLinguistic methods, notably those of textual

linguistics, useful to legal scholars and practical lawyers in the task of interpreting

Legal linguisticsUses statistical methods that complete the

picture of legal language and of law obtained through other sources

Regularities in usage of legal language – of great interest from the theory and sociology of law

Foreign influences on national legal science can be brought into the open (citations in foreign languages – identifying which foreign cultures have influenced national legal thinking, and, indirectly, the legal system of a country)

Comparative lawResearch in legal linguistics often focuses on

a single legal language; some major studies examine the development, structure and vocabulary of two or more languages; interaction of languages (how words pass from one legal language to another

Comparative law: methods for comparing legal cultures ; conclusions on the basis of differences and similarities found; the division of legal systems into major families and sub-families of law

Comparative lawSheds light on factors that influence the

development of the systems of concepts in the background of legal terms; better understanding of legal terminology

Legal translation and lexicography presuppose that the correspondence of concepts belonging to the legal systems in question would have been carefully analyzed; knowledge is required of the various institutes in these systems, notably of institutes of procedural law – the core of comparative law

Language law1) Legal effects and rules on the use of

language2) the right of an individual or a group to be

taught in their own language, and of the public use of that language

Language lawSome states aim to stifle use of languages other than

the one that dominates as the language of instruction and public life; the right of individuals or groups to use their own language – matter of regulation under public international law

The language regime of the EUSafeguarding the purity of the national language

under pressure of another languageThe right of citizens to require courts and authorities

to use a language that they clearly understandThe right to clear, comprehensible language

Linguistic riskWho bears the risk that a party to a contract

may misunderstand the content of the contract for linguistic reasons?

The rule in contract law according to which standard clauses vaguely formulated are interpreted to the disadvantage of their author (in dubio contra stipulatorem); in the case of standard contracts – the specialist who drew them bears the risk

Linguistic riskCases with international features, esp. those

involving immigrants – problems: contract is clear, but one party does not understand it

Allocation of linguistic risk – a topic of lively discussion in Germany in the case of employment contracts of immigrant workers

Importance of legal-linguistic knowledge: linguisticsLimits of variation of natural languages and

languages for special purposesPrinciples of language changeWays in which the language of judges and

officials influences the development of ordinary language

Practical lawyeringLegal language – lawyer’s basic toolStudies of characteristics of legal language

can reveal shortcomings; improvementsComplex documents poorly drafted often

allow several interpretaionsIt is not enough for lawyers to be familiar

only with their language – knowledge of foreign languages for special purposes necessary for international cooperation

TranslationEurope increasingly needs translations of legal

textsEU translators use automated translation tools

and computer-aided methods of human translation

Automated translation and use of terminological databanks presuppose human control

Human control of automated translation – based on the culture and general knowledge of the translator; information on characteristics of legal language

Lexicography and terminological workLegal linguists study legal vocabulary and its

characteristics and pave the way for the practical work of compiling dictionaries and lexicons

Standpoint of terminologists – opposite to that of lexicographers: the point of departure for terminological work – concept, that for lexicographical work – term

Terminological study – based on careful analysis of systems of concepts; glossaries resulting from such studies- highly accurate

Lexicography and terminological workLegal terms – often multiple meanings

(polysemy); terminological studies – essential support for traditional lexicography: analysing terms corresponding to the systems of concepts – focus of interest; basis of legal dictionaries, completed by studies as to meanings appearing in the actual use of legal terms

Major legal languages: LatinAt the end of the Middle Ages Latin had been

used by lawyers for over 15 centuries, in national and international contexts

In medieval Europe, Latin was used as an administrative and judicial tool

Academic legal science operated in Latin up to the 19th c.

Latin enables us to understand the history of laws and legal languages going back to Antiquity

Major legal languages: LatinLatin – the common denominator of almost all

European legal languages and it explains a good deal of the features that these languages still have today

Often used in the form of citationsFamiliarity with legal Latin – essential for

lawyers

Other international legal languagesThe relative importance of languages – not stableStates – active policy to gain international

linguistic dominance, which assures considerable power to dominant language countries: political, economic and cultural influence

Strenghtening the position of English world-wideThe position of French – quite strong (traditional

language of diplomacy)German – the largest number of native speakers

in Europe

International organizations: UNUN: 6 official languages:EnglishFrenchSpanishArabicRussianChinese

EUMultilingual policy:24 official languagesWorking languages:EnglishFrenchGerman

EUMultilingual draftingMost texts drafted in English and French – de

facto, original versions, although all versions are formally equally authentic

Translation: in most cases, English and French are the source or target language for translations

Council of the EU – interpreting in all official languages

Commission – 3 working languages

The Court of Justice of the EUInternal working language:FrenchJudges deliberate in FrenchAdvocates General - draw up their conclusions in

their own language; translated into all the official languages

Direct actions – procedural language chosen by the applicant; however – if the applicant chooses a minor language that the judges do not personally understand, the risk arises of legal messages becoming distorted through translation errors

The Court of Justice of the EUReferences for preliminary rulings – language

of the referring court – procedural languageFrench - the most important languageThe second place:German: Germany and Austria form a very

important macro-region; German: lingua franca of lawyers in Central Europe

Reports of Cases – published in all official languages; the one in the procedural language - authentic

SummaryLegal language as LSP: similarities and differences with

respect to other LSPsGenres of legal language and their characteristicsApplication of linguistics to legal texts (phonetics,

morphology, syntax, semantics, pragmatics, sociolinguistics, discourse analysis, corpus linguistics, lexicography, terminology, translation studies)

Synchronic andf diachronic approachesSemiotics of lawLanguage legislation Links with legal studies Importance of legal linguistics for lawyers and linguistsMajor legal languages