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Legal English has been referred to as a "sublanguage".Tiersma, 1999. This term suggests that legal English differs from ordinary language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features.Wydick, 2005b, p.10. Specialized use of certain terms and linguistic patterns govern the teaching of legal language: meaning that "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".Ramsfield, 2005, p.145.The term legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".Oates & Enquist, 2009, p.127. It describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary technical words or phrases.Bain Butler, 2013, p.32. Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.Oates & Enquist, 2009, p.128. For this reason, the traditional style of legal writing has been labeled reader-unfriendly. Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".Wydick, 2005b, p.3. These 4 Cs describe "characteristics of good legal writing style" in the United States.There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.Bhatia, 1993. Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.Goddard, 2010.For lawyers operating internationally, communicating with clients and other professionals across cultures implies a need for transnational legal awareness and transcultural linguistic awareness.Bain Butler, 2015. Whatever the form of legal writing, both legal and language skills form a vital part of higher education and professional training in today’s global age.Bain Butler, 2013, p.31.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* legal correspondenceLegal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as lawspeak.==Historical development==Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, linguistic structure, linguistic conventions, and punctuation, and have their roots in the history of the development of English as a legal language.In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period has an enduring influence on the general linguistic register of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.From 1066, Latin was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ''ad hoc'', ''de facto'', ''bona fide'', ''inter alia'', and ''ultra vires,'' which remain in current use in legal writing (see Legal Latin).
Legal English has been referred to as a "sublanguage".〔Tiersma, 1999.〕 This term suggests that legal English differs from ordinary language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features.〔Wydick, 2005b, p.10.〕 Specialized use of certain terms and linguistic patterns govern the teaching of legal language: meaning that "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".〔Ramsfield, 2005, p.145.〕
The term legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".〔Oates & Enquist, 2009, p.127.〕 It describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary technical words or phrases.〔Bain Butler, 2013, p.32.〕 Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.〔Oates & Enquist, 2009, p.128.〕 For this reason, the traditional style of legal writing has been labeled reader-unfriendly.〔 Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".〔Wydick, 2005b, p.3.〕 These 4 Cs describe "characteristics of good legal writing style" in the United States.〔
There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.〔Bhatia, 1993.〕 Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.〔Goddard, 2010.〕
For lawyers operating internationally, communicating with clients and other professionals across cultures implies a need for transnational legal awareness and transcultural linguistic awareness.〔〔Bain Butler, 2015.〕 Whatever the form of legal writing, both legal and language skills form a vital part of higher education and professional training in today’s global age.〔Bain Butler, 2013, p.31.〕
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
* legal correspondence
Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as lawspeak.
==Historical development==
Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, linguistic structure, linguistic conventions, and punctuation, and have their roots in the history of the development of English as a legal language.
In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).
In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period has an enduring influence on the general linguistic register of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.
From 1066, Latin was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ''ad hoc'', ''de facto'', ''bona fide'', ''inter alia'', and ''ultra vires,'' which remain in current use in legal writing (see Legal Latin).
抄文引用元・出典: フリー百科事典『 legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".Oates & Enquist, 2009, p.127. It describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary technical words or phrases.Bain Butler, 2013, p.32. Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.Oates & Enquist, 2009, p.128. For this reason, the traditional style of legal writing has been labeled reader-unfriendly. Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".Wydick, 2005b, p.3. These 4 Cs describe "characteristics of good legal writing style" in the United States.There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.Bhatia, 1993. Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.Goddard, 2010.For lawyers operating internationally, communicating with clients and other professionals across cultures implies a need for transnational legal awareness and transcultural linguistic awareness.Bain Butler, 2015. Whatever the form of legal writing, both legal and language skills form a vital part of higher education and professional training in today’s global age.Bain Butler, 2013, p.31.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* legal correspondenceLegal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as lawspeak.==Historical development==Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, linguistic structure, linguistic conventions, and punctuation, and have their roots in the history of the development of English as a legal language.In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period has an enduring influence on the general linguistic register of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.From 1066, Latin was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ''ad hoc'', ''de facto'', ''bona fide'', ''inter alia'', and ''ultra vires,'' which remain in current use in legal writing (see Legal Latin).">ウィキペディア（Wikipedia）』
■legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".Oates & Enquist, 2009, p.127. It describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary technical words or phrases.Bain Butler, 2013, p.32. Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.Oates & Enquist, 2009, p.128. For this reason, the traditional style of legal writing has been labeled reader-unfriendly. Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".Wydick, 2005b, p.3. These 4 Cs describe "characteristics of good legal writing style" in the United States.There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.Bhatia, 1993. Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.Goddard, 2010.For lawyers operating internationally, communicating with clients and other professionals across cultures implies a need for transnational legal awareness and transcultural linguistic awareness.Bain Butler, 2015. Whatever the form of legal writing, both legal and language skills form a vital part of higher education and professional training in today’s global age.Bain Butler, 2013, p.31.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* legal correspondenceLegal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as lawspeak.==Historical development==Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, linguistic structure, linguistic conventions, and punctuation, and have their roots in the history of the development of English as a legal language.In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period has an enduring influence on the general linguistic register of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.From 1066, Latin was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ''ad hoc'', ''de facto'', ''bona fide'', ''inter alia'', and ''ultra vires,'' which remain in current use in legal writing (see Legal Latin).">ウィキペディアで「Legal English has been referred to as a "sublanguage".Tiersma, 1999. This term suggests that legal English differs from ordinary language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features.Wydick, 2005b, p.10. Specialized use of certain terms and linguistic patterns govern the teaching of legal language: meaning that "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".Ramsfield, 2005, p.145.The term legalese, on the other hand, is a pejorative term associated with a traditional style of legal writing that is part of this specialized discourse of lawyers: communication that "lay readers cannot readily comprehend".Oates & Enquist, 2009, p.127. It describes poor legal writing that is cluttered, wordy, indirect, and uses unnecessary technical words or phrases.Bain Butler, 2013, p.32. Historically, legalese is language a lawyer might use in drafting a contract or a pleading but would not use in ordinary conversation.Oates & Enquist, 2009, p.128. For this reason, the traditional style of legal writing has been labeled reader-unfriendly. Proponents of plain language argue that legal "writing style should not vary from task to task or audience to audience...; whatever lawyers write must be Clear, Correct, Concise, and Complete".Wydick, 2005b, p.3. These 4 Cs describe "characteristics of good legal writing style" in the United States.There are different kinds (genres) of legal writing: for example, (a) academic legal writing as in law journals, (b) juridical legal writing as in court judgments, and (c) legislative legal writing as in laws, regulations, contracts, and treaties.Bhatia, 1993. Another variety is the language used by lawyers to communicate with clients requiring a more "reader-friendly" style of written communication than that used with law professionals.Goddard, 2010.For lawyers operating internationally, communicating with clients and other professionals across cultures implies a need for transnational legal awareness and transcultural linguistic awareness.Bain Butler, 2015. Whatever the form of legal writing, both legal and language skills form a vital part of higher education and professional training in today’s global age.Bain Butler, 2013, p.31.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* legal correspondenceLegal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, legal English is now a global phenomenon. It may informally be referred to as lawspeak.==Historical development==Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, linguistic structure, linguistic conventions, and punctuation, and have their roots in the history of the development of English as a legal language.In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht. Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details).In legal pleadings, Anglo-Norman developed into Law French, from which many words in modern legal English are derived. These include ''property'', ''estate'', ''chattel'', ''lease'', ''executor'', and ''tenant''. The use of Law French during this period has an enduring influence on the general linguistic register of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.From 1066, Latin was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ''ad hoc'', ''de facto'', ''bona fide'', ''inter alia'', and ''ultra vires,'' which remain in current use in legal writing (see Legal Latin).」の詳細全文を読む
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