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Legal Language

Legal language is a sublanguage.
The language of the law is greatly different from everyday language.
Like academic writing, particularly in the sciences, it is quite formal, impersonal, and precise, and it is full of technical terminology.
Lexical features
1) a tremendous amount of terminology 
The seventh edition of Black’s Law Dictionary contains approximately 25,000 entries.  
e. g. abateror - особа, яка незаконно заволоділа нерухомістю до вступу спадкоємця у володіння
 ! Words and phrases are not easily rendered into another language as the  terminology of each jurisdiction is different.
Lexical features
2) some words have both an ordinary as well as a legal meaning 
e. g. instrument 
The most common meaning of this word is a device for making music, 
Lawyers use it to refer to a document (usually one that is operative or performative).
Юр. договір, пакт, акт 
Lexical features
3) The use of long lists of synonyms or near-synonyms
 When making document requests, American lawyers usually do not simply ask for all documents relating to a specific matter, 
   but instead demand any and all letters, correspondence, memoranda, notes, working papers, diaries, invoices, computations, graphs, charts, drafts, and so forth, enumerating any conceivable form of document. 
The Interpretation of Legal Documents
In the law world there have been two competing traditions.
The first one leading to what is now called the plain meaning rule required not just that judges determine the meaning of statute from the text itself, but that they determine the meaning only from the text.
Unless the words were ambiguous, they were not to consider “extrinsic evidence.”
Plain meaning rule
‘The general rule I take to be, that where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the subject-matter to which the instrument relates, such instrument is always to be construed according to the strict, plain, common meaning of the words themselves; and that, in such case, evidence “dehors” [outside] the instrument, for the purpose of explaining it according to the surmised or alleged intention of the parties to the instrument, is utterly inadmissible’.
                  Lord Chief Justice Nicolas Tindal expressed it thus in 1843 

Plain meaning rule
The plain meaning rule prevailed in England until recently. 
It also migrated to the United States, but was never applied as vigorously as in the mother country.


Pragmatic approach to interpretation
American judges today tend to take a fairly pragmatic approach to interpretation. Most have a great deal of respect for the legislature and acknowledge its power to make law. They will not easily override the clear meaning of the words of a statute. 
But most also will not refuse to consider legislative history and other types of extrinsic evidence if they believe that it would be helpful in determining what the legislature sought to accomplish.
European tradition
These two approaches to interpretation in Anglo-American law can also be found in the civil law system of continental Europe.
The European codes aim to state the law as clearly as possible, not only so that it could be understood by ordinary citizens, but also to reduce the interpretive discretion of judges.
Syntactic features
1) the use of extremely long sentences
  The average sentence in the British Road Traffic Act of 1972  has 79 words, and one sentence has no fewer than 740.


Syntactic features
2) the abundance of syntactically complex sentences
       The average sentence in the abovementioned Act has over 6 clauses, and the level of embedding is significantly deeper than in nonlegal texts. 
Syntactic features
3) a very high number of conjoined phrases and lists
      A typical American will gives, devises and bequeaths the rest, residue and remainder of the testator’s estate, rather than merely giving the remainder of the estate.  
Syntactic features
4) great use of verbs in the passive voice 
    Mistakes were made.
    
     Passive constructions allow the writer to omit the actor.  
Syntactic features
5) a preference for nouns or nominalized forms of verbs over more straightforward verbal constructions
    e. g. to make a decision rather than simply to decide  
Stylistic features
1) the archaic nature of much legal language, especially its lexicon
These words are used to add an air of solemnity to a document, or the drafter is mindlessly copying form language that has been recycled for centuries. 
 
Stylistic features

There are archaic words and phrases that serve no function at all, or serve a function that could easily be fulfilled by a more modern term.
E. g. said and aforesaid (used as adjectives), such in the meaning of “this” or “that” 

 
Stylistic features

2) The style of lawyers and judges also tends to be relatively formal, especially in written legal texts
Judges write of trials commencing and terminating, rather than simply beginning and ending. 
Clearly, the purpose is to impress the lay public and to inspire respect for the law.

 
Stylistic features

3) The legal texts are  wordy and redundant  
A typical residuary (=relating to the residue of an estate) clause reads as follows:
I give, devise and bequeath all of said rest, residue and remainder of my property which I may own at the time of my death, real, personal and mixed, of whatsoever kind and nature and wheresoever situate, including all property which I may acquire or to which I may become entitled after the execution of this will, in equal shares, absolutely and forever, to A and B. 
 
Stylistic features

4) legal language tends to be relatively impersonal
    Judges and legislators tend to speak in the third person:
      This court sentences the defendant to ten years in state prison. 
   
The principal reason is that impersonal expressions create the impression (and to some extent, the reality) that law is objective. 
It also is related to abstractness, which is essential for the expression of general and broad legal principles. 
 
Stylistic features
5) the language of law is precise
Thus, an enumeration of types of vehicles (“automobiles, buses, trucks, bicycles, skateboards”) is almost always more precise than a general superordinate term (“vehicles”), since use of the general term can lead to debate about whether specific items are members of that category.
Definitions can also enhance exact expression. A word might in context have a number of possible meanings; defining can specify which is meant.  
     
N. B.
It would be wrong to say that legal language is inherently precise. It is usually a strategic choice. 
When lawyers involved in a lawsuit request documents from the opposing party, they stipulate in exact detail what they mean by the term document, either by defining it or by using a list. 
On the other hand, a publishing contract often requires an author to produce a satisfactory manuscript, which gives the publisher a great deal of freedom to later reject it. 
Conclusion
Legal language is archaic, highly formal, redundant, precise (though it can be purposely vague). 
Its nature is highly dependent on the communicative goals of its users.

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Заповід:

Here are the provisions as relate to the distribution of the property. It reads as follows:

'Because I have this day entered into an agreement with my wife, Helen Watkins Sabin, by which it is agreed and understood that she is to receive the sum of one hundred thousand dollars in cash from me, by way of a complete property settlement, and which said sum is to be paid on the completion of divorce proceedings, and the delivery of a certified copy of a final decree of divorce, I direct that, in the event I should die before said sum of one hundred thousand dollars is paid to my said wife, Helen Watkins Sabin, that then, and in such event, my said wife is to receive, from such estate as I may leave, the sum of one hundred thousand dollars in cash. In the event, however, said sum of cash has so been paid to the said Helen Watkins Sabin prior to the time of my death, I then intentionally make no other provision for her in this, my will, because the said sum of one hundred thousand dollars is ample to provide for her, and adequately compensate her for any claims she may have on my bounty, or to my estate.

'All of the rest, residue, and remainder of my estate, real, personal, or mixed, I give, devise, and bequeath, share and share alike, to my beloved son, Charles W. Sabin, who has, for years, maintained a commendable patience toward the vagaries of an eccentric man, who has ceased to regard the dollar as the ultimate goal of human endeavour, and to my beloved brother, Arthur George Sabin, who will probably not care to be made the object of my bounty.'