when was english language established by a lawyer

Full Answer

What is the origin of the English legal language?

In 2004, David Crystal proposed a stylistic influence upon English legal language. During the Medieval period, lawyers used a mixture of Latin, French and English. To avoid ambiguity, lawyers often offered pairs of words from different languages.

When did the legal profession start using plain language?

The legal profession, including the Bar Associations in many English speaking jurisdictions, started promoting use of plain language years back. In the US, for example, the State Bar of Michigan formed such a committee in 1979, and the State Bar of Texas formed one in 1990; other state bar associations followed.

What is the Old English word for lawyer?

Old English had lahwita, with wita "sage, wise man; adviser councilor," and an earlier Middle English word for "lawyer" was man-of-law (mid-14c.). Related: Lawyerly. law (n.)

Who was the first lawyer?

Legal anthropologists have not yet discovered the proverbial first lawyer. No briefs or pleadings remain from the proto-lawyer that is thought to have been in existence more than 5 million years ago. Chimpanzees, man's and lawyer's closest relative, share 99% of the same genes.

When did English become the language of law?

The fourteenth century saw a decline in Law French, hence the Pleading in English Act, which marked the beginning of modern Legal English. Some 50 years later, English became the language of official government in the form of Chancery Standard during the reign of Henry V (1413 to 1422).

Is English the language of law?

The specialized variety (or occupational register) of the English language used by lawyers and in legal documents is called legal English. As David Mellinkoff has noted, legal English includes "distinctive words, meanings, phrases, and modes of expression" (The Language of the Law, 1963).

What is lawyer language called?

Definition and Examples Legalese is an informal term for the specialized language (or social dialect) of lawyers and of legal documents. Also known as lawyer's language and legal parlance.

What was the earliest form of legal writing?

Initially, when legal drafting started simple words were used but over the years, it adopted a particular style and a format which was used by lawyers. The style was called legalese or the traditional language of the law[1] and this type of writing was difficult for a common layman to understand.

When did English replace French as the language of law?

15th centuryDuring the 15th century, English became the main spoken language, but Latin and French continued to be exclusively used in official legal documents until the beginning of the 18th century. Nevertheless, the French language used in England changed from the end of the 15th century into Law French.

Why isn't English the official language of the United States?

The Federal government allows Americans to speak any language they want. This right is protected in the Constitution. Many scholars assert that English-only laws would violate due process and equal protection under the law. The US Constitution allows for states to declare official languages.

What is legal English language?

Simply speaking, legal language is the language used by persons related to the law field or legal profession. Legal language in the present study is English which necessitates it be called legal English as well. Legal English has traditionally been the language of lawyers from English-speaking countries viz.

Why is English important in law?

Without the basic skills in English, a lawyer who has studied in a vernacular medium can only go so far. While practicing law in the local language helps certain groups of clients, the lawyer himself has to be reconciled to spending his entire career practicing in the lower courts.

How is English used in law?

Legal English has particular relevance when applied to legal writing and the drafting of written material, including: legal documents: contracts, licences, etc. court pleadings: summonses, briefs, judgments, etc. laws: Acts of Parliament and subordinate legislation, case reports.

What is the history of legal English?

The development of legal English is closely connected with the history of Great Britain. For several centuries English remained the spoken language of the majority of the population, while almost all writing was done in French or Latin. During that period, legal English was influenced by Latin and French.

How legal language was formed?

In 1650, a law was passed by the parliament, • all case reports and books of law to be in English Language • Earlier legal documents to be translated into Eng. lang. In this way English (in its mixed form) became the native language of England and essentially the language of law.

When did written language start?

3400 B.C.The earliest known writing was invented there around 3400 B.C. in an area called Sumer near the Persian Gulf. The development of a Sumerian script was influenced by local materials: clay for tablets and reeds for styluses (writing tools).

When did the English language start?

According to the Encyclopedia Britannica, the English language itself really took off with the invasion of Britain during the 5th century. Three Germanic tribes, the Jutes , Saxons and Angles were seeking new lands to conquer, and crossed over from the North Sea. It must be noted that the English language we know and study through various English language courses today had yet to be created as the inhabitants of Britain spoke various dialect of the Celtic language.

What is the early English?

Early Old English (7th to 10th Century) – this period contains some of the earliest documented evidence of the English language, showcasing notable authors and poets like Cynewulf and Aldhelm who were leading figures in the world of Anglo-Saxon literature.

How much of the English language is no longer used?

Albert Baugh, a notable English professor at the University of Pennsylvania notes amongst his published works [1] that around 85% of Old English is no longer in use; however, surviving elements form the basis of the Modern English language today.

What is the last phase of the English language?

Late Old English (10th to 11th Century) – can be considered the final phase of the Old English language which was brought about by the Norman invasion of England. This period ended with the consequential evolution of the English language towards Early Middle English.

How many people are in the world speaking English?

Regardless of the many languages one is fortunate to be fluent in, English takes its place as one of the world’s predominant forms of communication with its influences extending over as much as +2 billion people globally.

When did the chancery English standard come about?

It was during the mid-1400s that the Chancery English standard was brought about.

Where did the word "england" come from?

The word England and English originated from the Old English word Engla-land, literally meaning “the land of the Angles” where they spoke Englisc.

When did the English language start?

The first evolutionary for the English language began when Germanic peoples known as the Angles and Saxons, hailing from what is now Northern Germany, began migrating to and conquering the Roman province of Britannia in the mid-5th century CE.

Who was the first English historian?

There was a great outpouring of Old English literature during the Anglo-Saxon period of English history. The Venerable Bede, a Northumbrian monk, was the first English historian and chronicler; Caedmon was the first English poet; and Alcuin was the first English scholar of international reputation, a leading figure at the court of Charlemagne. In addition to these, we have a rich trove of Old English letters, charters, and legal texts that point to the vibrancy of the language. Works like Beowulf and Caedmon’s Hymn are the starting points of English literature.

How many ways have words entered the English language?

There are six primary ways words have entered the English language.

What are some similarities between Old English and the English language?

Despite the seemingly alien nature of Old English, it does have some similarities of structure and syntax to the language we speak and write today. Although influences from subsequent linguistic waves over the British Isles displaced much of the Old English language (only about 1 percent of our vocabulary can be traced to it) some of our most fundamental words owe their origins to Old English, particularly words related to family— man, wife, child, brother, and sister, to name a few.

How many titles were written in English in 1640?

By 1640, there were over 20,000 titles available in English, more than there had ever been. As printed works produced by London printers began to spread across the country, local London spelling conventions gradually began to supplant local variations. What this also meant was that old spellings became fixed just as many word pronunciations were shifting because of the Great Vowel Shift. Our inheritance is a written language with many words spelled the way they were pronounced 400 years ago. As a result, English spellings often bedevil non-native speakers, as well as those who’ve spoken the language their whole lives. Pronunciation and spelling are frequently divergent. To take just one example, the sh sound can be spelled sh as in mash; ti as in ration; or ss as in session. The troublesome orthography (the set of conventions for writing) of English can be seen in words like debt, know, knead, and colonel, with their silent letters, as well as their hidden, but pronounced letters.

What dialects did the Angles and Saxons bring to their new home?

These Angles and Saxons brought their North Sea Germanic dialect s to their new home. The linguistic linkages between English and the dialects spoken in Northern Germany can still be detected today. They even gave their name to the new country—Angle-land, or England.

Why is Canterbury Tales written in Middle English?

By the mid-14th century, English had reasserted itself as a language of government and law, likely due to the fact that the political links between England and France were severed over the course of the centuries. Moreover, we see a shift in the character of written English—Chaucer’s Canterbury Tales is a clear departure from Old English. It is written in what we call Middle English, a form far more recognizable to modern readers.

When did English become the official language of England?

It wasn’t until 1730 that English was made the official language of law throughout England. By the time English was the official language of law, Latin and French had already lodged themselves deep within the legal system. Law Latin and Law French are distinct from their non-legal predecessors. Even when Law French was in common practice in ...

Where does the word "law" come from?

Law — it may be a stretch to call this “lawyer jargon,” but it’s fun to note that law actually doesn’t come from French or Latin. It comes from the Old Norse lag.

Why is it impossible to disentangle English law from Latin and French?

Because of how specific legal language became, it was impossible to disentangle English law from Latin and French. You would’ve had to create a whole new vocabulary, which lawyers set in their ways weren’t too keen on. Looking at lawyer jargon today, you can clearly see how French and Latin are still in constant use.

What is the official language of England?

To use a language example, the official language of England is de jure English, because there’s a national law to make it so. In contrast, the official language of the United States is de facto English because, while it’s not written into law, English is used as any official language would be.

What is arbitration in law?

Arbitration — a private process for resolving disputes outside of the courts. A neutral third party hears the evidence of the case and makes a decision.

What languages were used in the court system?

English was often used by regular people as the vernacular, but Latin and French were the “prestigious” languages used in the government and the court systems. If you were to attend a trial in the 16th century, you would have heard a combination of Law Latin and Law French.

Is English law a language?

A Brief History Of The Language Of English Law. The phrase “the language of English law” might sound redundant, but it’s not. The “English” here just refers to “of England.”. That’s because for a centuries, English law didn’ t use the English language . Yes, it’s a little confusing.

What is the English law system?

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Where did common law originate?

Common law is a term with historical origins in the legal system of England. It denotes, in the first place, the judge-made law that developed from the early Middle Ages as described in a work published at the end of the 19th century, The History of English Law before the Time of Edward I, in which Pollock and Maitland expanded the work of Coke (17th century) and Blackstone (18th century). Specifically, the law developed in England's Court of Common Pleas and other common law courts, which became also the law of the colonies settled initially under the crown of England or, later, of the United Kingdom, in North America and elsewhere; and this law as further developed after those courts in England were reorganised by the Supreme Court of Judicature Acts passed in the 1870s, and developed independently, in the legal systems of the United States and other jurisdictions, after their independence from the United Kingdom, before and after the 1870s. The term is used, in the second place, to denote the law developed by those courts, in the same periods (pre-colonial, colonial and post-colonial), as distinct from within the jurisdiction, or former jurisdiction, of other courts in England: the Court of Chancery, the ecclesiastical courts, and the Admiralty court .

What is civil law?

Civil law is concerned with tort, contract, families, companies and so on. Civil law courts operate to provide a party who has an enforceable claim with a remedy such as damages or a declaration. ^ ... or "claimant", "plaintiff", "petitioner" etc.

What treaties have effect in English law?

International treaties such as the European Union 's Treaty of Rome or the Hague-Visby Rules have effect in English law only when adopted and ratified by Act of Parliament. Adopted treaties may be subsequently denounced by executive action, unless the denouncement or withdraw would affect rights enacted by Parliament.

How are statutes cited?

Statutes are cited in this fashion: " Short Title Year", e.g. Theft Act 1968. This became the usual way to refer to Acts from 1840 onwards; previously Acts were cited by their long title with the regnal year of the parliamentary session when they received Royal Assent, and the chapter number. For example, the Pleading in English Act 1362 (which required pleadings to be in English and not Law French) was referred to as 36 Edw. III c. 15, meaning "36th year of the reign of Edward III, chapter 15". (By contrast, American convention inserts "of", as in " Civil Rights Act of 1964 ").

What is the most authoritative law in the English language?

Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of stare decisis forms ...

How is common law made?

Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament.

What is the language of law?

As the customary language used by lawyers, it spread to other common law jurisdictions where English is the official or primary language of legislation and the court system. It includes not only distinctive words, phrases, and expressions but also manner of composition. Together, these form the “language of the law” – which has come to be associated with law, the courts, and the profession.

What adds to the distinctiveness of the language of the law?

Style of composition also adds to the distinctiveness to the language of the law.

Why do lawyers write?

Every time a lawyer writes something, he is not writing for posterity , he is writing so that endless others of his craft can make a living out of trying to figure out what he said… ” [1]

What is the difference between Middle English and Old English?

Old English (OE) – covers the period 500 AD to 1100 AD (Norman Conquest). Middle English (ME) covers the period 1100 to 1500 AD. Modern English dates from 1500 AD. Modern English has much of OE and ME. Language of the law retains many of the words, meanings, and expressions from OE and ME which ceased to be part of general usage years back. These ancient words are used by lawyers all the time but not generally used by non-lawyers.

Is language of the law a joke?

For a long time, language of the law has been criticized and ridiculed. It has been a subject of jokes.

Is there a difference between common speech and the language of the law?

There is a difference between common speech and the language of the law. The latter has accumulated baggage of words and conventions – gathered and retained over centuries. That to the extent “English” as used by the profession is considered different from common speech “English”. Non-lawyers find our language incomprehensible.

Who said lawyers spend a large part of their time crafting, articulating, and delivering end products which are?

As lawyers, we spend a large part of our time crafting, articulating, and delivering end products which are made up of words. Charles Alan Wright, a leading authority on legal procedures and practice of law, said,

When was the first lawyer discovered?

Legal anthropologists have not yet discovered the proverbial first lawyer. No briefs or pleadings remain from the proto-lawyer that is thought to have been in existence more than 5 million years ago.

Who was the most famous lawyer of the time?

The most famous lawyer of this period was Hammurabi the Lawyer. His code of law gave lawyers hundreds of new business opportunities. By creating a massive legal system, the demand for lawyers increased ten-fold. In those days, almost any thief or crook could kill a sheep, hang-up a sheepskin, and practice law, unlike the highly regulated system today which limits law degrees to only those thieves and crooks who haven't been convicted of a major felony.

What was the first major breakthrough for lawyers?

A major breakthrough for lawyers occurred in the 17th century. Blackstone the Magician, on a trip through Rome, unearthed several dozen ancient Roman legal texts. This new knowledge spread through the legal community like the black plague. Up until that point, lawyers used the local language of the community for their work. Since many smart non-lawyers could then determine what work, if any, the lawyer had done, lawyers often lost clients, and sometimes their head.

How many lawyers are there in the US?

(In fact, there are over 750,000 lawyers in this country.) Every facet of life today is controlled by lawyers. Even Dan Quayle (a lawyer) claims, surprise, that there are too many lawyers. Yet until limits are imposed on legal birth control, the number of lawyers will continue to increase. Is there any hope? We don't know and frankly don't care since the author of this book is a successful, wealthy lawyer, the publishers of this book are lawyers, the cashier at the bookstore is a law student, and your mailman is a lawyer. So instead of complaining, join us and remember, there is no such thing as a one-lawyer town.

What was the explosion in the number of lawyers?

The explosion in the number of lawyers coincided with the development of algebra, the mathematics of legal billing. Pythagoras, a famous Greek lawyer, is revered for his Pythagorean Theorem, which proved the mathematical quandary of double billing. This new development allowed lawyers to become wealthy members of their community, as well as to enter politics, an area previously off-limits to lawyers. Despite the mathematical soundness of double billing, some lawyers went to extremes. Julius Caesar, a Roman lawyer and politician, was murdered by several clients for his record hours billed in late February and early March of 44 B.C. (His murder was the subject of a play by lawyer William Shakespeare. When Caesar discovered that one of his murderers was his law partner Brutus, he murmured the immortal lines, "Et tu Brute," which can be loosely translated from Latin as "my estate keeps twice the billings.")

What was the legal revival in Greece?

Greece and Rome saw the revival of the lawyer in society. Lawyers were again allowed to freely practice, and they took full advantage of this opportunity. Many records exist from this classic period. Legal cases ranged from run-of-the-mill goat contract cases to the well-known product liability case documented in the Estate of Socrates vs. Hemlock Wine Company. (See Wilson, Phillips ed. Famous Roman Cases. Houghton, Mifflin publishers, 1949.)

What happened to legal anthropology?

Legal anthropology suffered a setback at the turn of the century in the famous Piltdown Lawyer scandal. In order to prove the existence of the missing legal link, a scientist claimed he had found the skull of an ancient lawyer. The skull later turned out to be homemade, combining the large jaw of a modern lawyer with the skull cap of a gorilla. When the hoax was discovered, the science of legal anthropology was set back 50 years.

How is legal English different from ordinary English?

Being a sublanguage of ordinary English, Legal English twists and bends the grammatical forms of everyday language. Lawyers express their ideas using obscure or even archaic ways, as well as use well-known grammatical structures in unusual contexts.

Is it better to write legal texts in plain language or plain English?

Although it may seem otherwise, writing legal texts in plain language is more challenging than writing them in traditional Legal English. It does not mean that you should not try writing in plain language, rather that it is almost impossible to master the rules of plain writing before learning traditional Legal English.

Is there a lack of grammar advice?

There is no lack of grammar advice out there . Below are some of our favourite resources on the grammar of Legal English:

Is it a good idea to master legal English?

In other words, it is a good idea to master traditional Legal English before embarking on the journey of making your legal writing conform to the Plain Language standards. Exercises and Other Resources on Legal English Grammar. There is no lack of grammar advice out there.

Is legal English legalese?

Plain Language Movement and the Grammar of Legal English. Legal English is not legalese. As mentioned earlier, many authorities on legal writing recommend doing away with 'shall' and other peculiarities of Legal English.

Do lawyers need to be in plain English?

It is nearly a certainty that in the real world, you will be working with traditional Legal English rather than with plain English. To be an effective lawyer, you need to be comfortable reading and writing in conventional Legal English.

Do lawyers use "shall"?

Lawyers, being the most pedantic users of the English language, have decided that the grammatical rule cited above shall be followed strictly, and they use 'shall' in their writings extensively. So extensively that, in fact, many authorities on legal writing are now recommending to do away with 'shall' entirely (see, for example, US Government's guidelines on plain language, The Federal Register Documents Drafting Handbook or this article by the prominent US legal writing authority Brian A. Garner in the ABA Journal). Others, including another well-known US legal writing expert, Ken Adams, recommend keeping 'shall' in your contracts but limiting its use to several select situations.

The Anglo-Saxon Phase

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The Middle English Phase

The Modern English Phase

The Creation of Words

Overview

Common law

Principal elements of English and Welsh law

Legal terminology

Sources of English law

Statute law

British jurisdictions

Classes of English law