英文法律用语的特色_法律术语

characteristics of english legal language

　1. extreme linguistic conversion of legal english: copied directly from "form books"(法典)

　2. unbroken format in early legal documents: no spaces provided (to avoid fadulent deletions and additions)

　3. the use of graphological devices as a means of revealing structure, content and logical progression: eg. an important word capitalized or underlined.

　4. the dearth of punctuation to prevent forgery.

　5. legal documents composed as one very long sentence - no question of sentence linkage, except:

　- the repetition of lexical items.

　- substitute words not tolerated: eg. he, she, it, they(pronoun reference); do; this, that(anaphora)

　6. legal english contains only complete major sentences: eg. statements, no question, occasional commands.

　7. legal sentences have an underlying logical structure: "if x, then z shall be (do) y" - "if x" = conditional/ concessive adverbial clauses:

　eg: co-ordinated adverbials: on the expiration …… or on the previous death ……/ subject to any authorized endorsement …… and to the production……

　8. written legal english contains nominal group structures (eg: post-modification in the nominal groups):eg. any insstalment then remaining unpaid, hereinbefore reserved and agreed to be paid during the term.

　9. adjectives and intensifying adverbs are almost completely absent:

　eg: splendid, wise, disgusting, happy(adjectives) ; very, rather(intensifying adverbs)

　10. nouns modified by structures of post-modification are "abstract": eg. declaration, conditions, termination, stipulation, possession

　11. verbal groups are of the type: modal auxiliary (shall) + be + past participle : shall is used to express what is to be the obligatory consequence of a legal decision, and not simply as a marker of future tense.

　12. preference for archai words and phrases:

　eg: duly, deemed, expiration, terminated (words); term of years, upon the death of (collocations); made and signed, terms and conditions, able and willing (synonymns are coordianted: native english and borrowed french terms for the same referent)

　13. there is a large french and latin element in english legal vocabulary, eg: proposal, effect, society, asurance, insured, schedule, duly, signed, agreeing, policy, subject, rules, form, terms, conditions, date, entrace, accepted (french origins); bais, table, declaration, registered, stated, part (latin origins)