The Style of Legal Documents.

The Style of Legal Documents

Relations to Other Styles

- substyle of the administrative style

- shares many features with the scientific style: the addressee

Functions

- states the conditions binding two parties in an undertaking: typically state and citizen, citizen and citizen

- addresses a relatively small group of professionals well acquainted with its language means

Forms

- acts, bills, pacts, agreements, contracts, etc.

- court records, pledging, adjudication

- also the genre of diplomacy

General Characteristics

- precision: the composer must ensure that the text says exactly what he wants it to say and gives no opportunities for misinterpretation

- graphical layout

- division into paragraphs accord. to the importance of the content

- capitals or different script types for crucial words

- no punctuation or full stops and semi-colons only

- highly nominal character

Syntactical Features

- follows the formula ‘if x is applicable, then y will become z’ /‘Thereafter if no renewal fee is received and no extension of life is requested, the patent will cease.’/

- BrE: negative formulations x AmE: no negative formulations if positive terminology is possible

Lexical Features

- archaisms: the British law based on precedent /‘heretofore, hereunder, aforesaid’/

- bookish words /‘slay’/

- words of French and Latin origin /‘assurance, policy, basis, declaration, register, society’/

- foreign phrases /‘ex post facto, voir dire’/

- pair synonyms: traditionally one of domestic and the other of Latin origin /‘terms and conditions; use and exercise; obtained if and when’/

- doublets and triplets /‘cease and desist; in my name, place and stead’/

- modals ‘shall’ and ‘may’ + passive /‘shall be construed, may be revoked, shall be prosecuted’/

Special Nomenclature

- legal phrases: to deal with a case, a body of judges, as laid down in

- criminal terminology: offender, accomplice, accessory before the fact, accessory after the fact; harbouring the fugitive, aiding the escape, obstructing justice

- justice terminology: lawyer, solicitor, barrister; public prosecutor; judge, magistrate, justice; accused, defendant, indicted

- Miranda rights: You have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while being questioned. If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning, if you wish one.

The Genre of Patents

- genre of the administrative style

- a special combination of the style of legal documents and the technical style

- the inventor describes his invention and asks for exclusive right to be granted by the Patent Office

The Genre of Diplomacy

- shares some features with the publicistic style: the appeal

- addresses general public

- pacts, treaties

- accessible and relatively easily understandable

- complex sentences x but: paratactic

- several pronouncements combined into one sentence

- separate utterances numbered

- word registers

- acronyms

The Genre of Directives

- addressed to general public

- accessible and relatively easily understandable

- modals: stress the appeal /‘care must be taken; should not be used; insofar as may be possible’/

- instructions: imperatives /‘type double space in single paragraph; follow further directions on back of this sheet; omit contract numbers’/