LANGUAGE as a Medium of LAW
To maintain proper functioning of the civilised society, the establishment of law is a fundamental requirement. Law works as a method to regulate the society. It acts as a binding force with the aim to develop the state and so, it is very important to understand the relationship of law with language, and more importantly how they mark the beginning of the concept known as the Legal Language.scription.
The homo sapiens are the most complexed living organisms in the world based on the fact that our mind comprises of a thought processing instrument which generates ideas, explanations, interpretational abilities and etcetera. We the people carry a brain that no other organism in the animal kingdom contains. It is nothing but one of the uniqueness of the brain that has created a system of communication known as Language. The purpose of the language is to create a platform to deliver a person’s ideas, knowledge, and other feelings.
The ability to communicate in a proper manner creates a relationship among the individuals which results in strengthening the unity of society. Therefore, Language acts as a basic tool to comprise a society. Moreover, it is a basis of establishing a civilised society.
It shall be noted that communication plays an extremely important role for every living creature. All members who exhibit the properties of life have the ability to communicate in one way or the other. The reason we hold the superior position is that our language structure is more organised, complicated, and evolved than the rest of the members of the animal community.
LANGUAGE & LAW
To maintain a proper functioning of the civilised society, the establishment of law is a fundamental requirement. Law works as a method to regulate the society. It acts as a binding force with the aim to develop the state and so, it is very important to understand the relationship of law with language, and more importantly how they mark the beginning of the concept known as the Legal Language.
Language provides a path for propagating the principles of law. Without language, establishment of law is not possible. It is the use of language which makes the law reliable in any situation. It has been found that the use of strong language results in changing the circumstances and the applicability of law. As explained in the case of Dean v. Dean, 1891 that a mere manipulation in the form of words creates a difference in law. Hence, a good use of language plays a very important role in determining the role of law.
Now, as the definition goes, legal language is the language used in legal literature. A further explanation is that legal language is the use of any language whose phrasing is done with legal terminologies and references. It is a necessity of law like any other subject to have its own specific language.
Drafting plays an extremely important role in the legal field. The legal system uses drafting to codify the laws which helps in understanding the legal principles. The absence of legal language creates difficulties in the promotion of law to different sectors of the society. Under this scenario, the meaning of legal literacy is lost, and the practise of law is not possible. From this it can be observed that without the formation of legal language, the essentials of legal principles are lost.
Language is one of the reasons for the successful working of law and more importantly because of language, legal provisions become strong under every circumstance.
The above mentioned points professe only one message, that, it is crucial to understand the importance of legal language and the fact that why it has been formed despite of having a general language. There are certain requirements of this specific language of law which under any circumstance needs to be fulfilled. Non-completion of this can cause serious misunderstanding and will open windows for misinterpretation of facts.
A recent example has been shown in this regard where negligent and wrong use of legal language is done. That would be, “Impeachment of Judges”.
This terminology is legally wrong. The actual legal terminologies are “Removal of the Judges” provided in Art. 124(4) and “Impeachment of the President” provided in Art. 61 of the Constitution of India.
It is not wrong to mention that the words impeachment and removal are synonyms and can be used similarly, but only in general english language. As per legal language it is not correct to interchange the terms, even if they are synonyms.
Hence, negligence shown while framing this specific language of law will be a blunder for the professional.
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