Introduction to English for Legal Purposes I

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Presentation transcript:

Introduction to English for Legal Purposes I Marijana Javornik Čubrić, PhD

General info Lecturer: Dr. sc. Marijana Javornik Čubrić Classes: Tuesday 10:00 – 11:30 Office hours: Wednesday 10:30 – 11:30, Gundulićeva 10, Room No. 6 Contact: marijana.javornik@pravo.hr

Coursebook Sočanac, Matijašević, Javornik Čubrić, Husinec, Horvatić Bilić: English for the Legal Profession, Narodne novine, Zagreb, 2017 Module One: Introduction to Law Units 1-6

Recommended dictionaries M. Gačić: Englesko-hrvatski rječnik prava, Naklada Ljevak, 2004 or 2010 D. Vićan: English-Croatian Dictionary of Law, Narodne novine, 2015 Black’s Law Dictionary

Topics Language and Law About Law Branches of Law The Historical development of Law Legal Systems of the World State Governance and Administration of Justice

Course outline (B1) Oct. 2 Introduction to ELP: LSP and Legal English Oct. 9 Language and Law: Characteristics of Legal English, Sources of Legal English Oct. 16 About Law: The Importance of Law Oct. 23 Branches of Law: Classification of Law Oct. 30 Branches of Law: Examples of Course Descriptions; Revision Nov. 20Mid-term test Nov. 27 The Historical Development of Law Dec. 4 The Rule of Law Dec. 11 Legal Systems of the World Dec. 18 State Governance and Administration of Justice: Separation of powers Jan 8 Resolving disputes; Revision Jan. 15 End-of-term test Jan. 22 Final revision and signatures

Course outline (C1) Week 1/Oct.3 Introduction; Unit 1: Language and Law Language for Specific Purposes and Legal English Week 2/Oct.10 Unit 1: Language and Law Characteristics of Legal English: Examples; History of English Week 3/Oct. 17 Unit 2: About Law The Importance of Law Week 4/Oct. 24 Law and Morality Week 5/Oct.31 Unit 3: Branches of Law Classification of Law Week 6/Nov. 7 Examples of Course Descriptions; Revision Week 7/Nov.21 Mid-term test Week 8/Nov.28 Unit 4: The Historical Development of Law Major Stages in the History of Law The Rule of Law: Examples of Historical English Legal Documents Week 9/Dec.5 Unit 5: Legal Systems of the World The Major Western Legal Families Week 10/Dec.12 Other Legal Traditions Week 11/Dec.19 Unit 6: State Governance and Administration of Justice Separation of Powers Week 12/Jan.9 Resolving Disputes Week 13/Jan.16 Revision Week 14/Jan.23 End-of-term test

Teaching materials Available at: www.pravo.hr Katedra za strane jezike Predmet: Engleski jezik pravne struke I

Attendance Strongly recommended Benefits Required for taking the mid-term examinations

Presentations Optional Substitute for the oral part of the examination Topics connected with Legal English, History of English, Classification of Law, Legal Systems of the World, Separation of Powers Topic to be decided by October 16/17

Guidelines for presentations Suggested duration: 10-15 minutes Individual or in pairs Reading is not allowed; notes are 3 sources to be used Draft to be sent a week in advance of the scheduled presentation Questions for the audience or discussion points welcome

Examination Written part – legal terms, gap filling, basic definitions, translation Oral part – presenting a topic using relevant vocabulary

Any questions?

LSP

Common abbreviations EFL – English as a Foreign Language LSP – Language for Specific Purposes ESP – English for Specific Purposes (f. e. Business English, Legal English – English for Legal Purposes or ELP) EAP – English for Academic Purposes

LSP The concept of LSP emerged after WWII as an answer to students and specialists’ need to learn languages related to their field of study It is need-oriented LSP studies a type of language used by members of a particular profession, concentrating on its text types, style and technical terms

The teaching of ESP A separate activity within English Language Teaching (ELT) ESP must be taught by studying a content-based subject – knowledge of the language becomes the means of learning content (CLIL) The best and most common opportunities arise through reading texts. CLIL draws on the lexical approach, encouraging learners to notice language while reading.

A definition of ESP (Strevens) ESP is designed to meet specific needs of the learner Related in content (themes and topics) to particular disciplines or occupations Centred on language appropriate to those activities in syntax, lexis, discourse and so on In contrast with ‘General English’

Key stages in ESP Needs analysis Course design Materials selection Teaching and learning Evaluation

Language issues in ESP Grammar (only when relevant) Vocabulary (technical, semi-technical) Discourse analysis

LSP and Legal English

Discuss the following: 1. Is legal language difficult? Why? 2. What is the greatest difficulty in learning ELP? 3. Should ordinary people be able to understand legal language? 4. Do they understand it?

Difficulties in ELP 1. Polysemy 2. Phrases/collocations (sequences of words which usually occur together) 3. Foreign words (borrowings) and archaisms 4. Doubles and triplets 5. Technical vocabulary

Polysemy Words that have several meanings; one meaning in ordinary English and another meaning as a legal term The importance of the context (everyday language v. language for legal purposes) Examples: common, act, consideration, tender, redemption etc.

Collocations Collocations are expressions which consist of two or more words which frequently appear together. Collocations may involve adjectives and nouns (e.g. ‘a promisory note’, ‘reasonable doubt’, ‘a void contract’), verbs and nouns (‘to fulfil obligations’, ‘to award damages’), adverbs and nouns (‘legally binding statement’). Example: to pass... a bill, a law, examination, greetings, a sentence, a resolution, a verdict

Phrases/collocations Some examples: detrimental effect – štetno djelovanje discharge the jury – raspustiti porotu rescind a contract – raskinuti ugovor sham marriage – lažni brak reasonable doubt – osnovana sumnja voidable contract – pobojan ugovor wrongful death – smrt treće osobe

Foreign and archaic words Words of Scandinavian, Latin and French origin Archaic terms (old words no longer in use in everyday communication)

Law Latin In the 11th and 12th century, Latin was the language of legal document in England In this period common law system was created, and consequently many common law terms were originally formed in Latin. As an example, here is a list of some Latin words and phrases that are still most common in legal English: ab initio, affidavit, amicus curiae, bona fide, ex parte, habeas corpus, in personam, inter alia, mens rea, obiter dicta, stare decisis, subpoena, sui generis… These examples only show how extensive the list could be; it has been estimated that at least some 3,000 Latin maxims are currently used in legal English.

The Norman Conquest The Norman Conquest in 1066 was one of the most important events in English history that also proved to be one of the most important events in the development of the English language in general, and particularly the language of the law. After the Conquest, the new king William brought to England numerous noble families from Normandy. Linguistic situation in the country became complex, as common folk spoke English, the newcomers spoke French, and the written language was, as in the rest of Europe, primarily Latin.

Law French Although it is frequently claimed that the Norman Conquest caused French to become the language of the law in England, the first law was actually promulgated in French in 1275. Soon after that French became the language of the legislature and judiciary. This situation continued for almost three centuries.

New French terms French in the EU Commonly accepted terms such as: Acquis communitaire Rendez-vous clause OLAF

Archaic terms Aforementioned – set out above Hereafter – after this Hereby – in this way Herein – in this (document) Notwithstanding – despite Thereafter – after that Thereby – in that way Therein – in that (document) Therewith – with that

Doubles and triplets To have and to hold – to own Any and all – all Last will and testament Null and void Full and complete Ready, willing and able

Technical vocabulary Legal terms – examples: Tort Alternative dispute resolution Remedies Trafficking Money laundering

Similar notions Discuss the differences in the meaning of these similar notions: Contract v. agreement Probation v. parole Evidence v. proof Common law v. case law Barrister, solicitor, lawyer, attorney, counsel, litigator - odvjetnik

Characteristics of legal texts Long and complex sentences The passive Impersonal style – avoiding personal pronouns Modal verbs and legal “shall” – imposing an obligation or duty on someone Technical vocabulary Archaic and foreign words Repetition of words

Plain English for Law movement The main premise: legal documents ought to be plainer and more comprehensible to the average person The movement began in the 1970s, but people have objected to the obscurity of legal language for many centuries The first plain English law: The Statute of Pleading enacted in 1362 (“all pleas be pleaded, defended, answered, debated and judged in the English tongue”)

Results of the movement Some of the most important changes in the legal language in England were introduced in 1999 with the implementation of the new rules of civil procedure that abolished some outdated legal terms for modern equivalents, such as: Anton Piller order - search order ex parte – without notice In camera – in private Plaintiff – claimant Subpoena – witness summons Writ – claim form

Example Rewrite the following passage: “ The statement for professional services that you will find enclosed herewith is, in all likelihood, somewhat in excess of your expectations. In the circumstances, I believe it is incumbent upon me to avail myself of this opportunity to provide you with an explanation of the causes therefor. It is my considered judgment that three factors are responsible for this development.” (Source: R. Wydick, Plain English for Lawyers, p. 57)

Plain English formulation The bill I am sending you with this letter is probably higher than you expected, and I would like to explain three reasons why.

A joke for the end... How do lawyers say “Merry Christmas”?

Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low-stress, non-addictive and gender-neutral celebration of the winter solstice holiday as practised within the most enjoyable traditions of the religious persuasion of your choice (but with respect for the religious or secular persuasions and/or traditions of others, or for their choice not to practise religious or secular traditions at all).

Reminders Obligatory: Please bring your textbook next time! Recommended: Think about a presentation topic!

Thank you for your attention!