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Legal Language Peter M. Tiersma

Legal Language By Peter M. Tiersma

Legal Language by Peter M. Tiersma


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Summary

This history of legal language slices through the polysyllabic thicket of legalese. The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.

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Legal Language Summary

Legal Language by Peter M. Tiersma

Why is legal language so different from ordinary English? Statutes, judicial opinions, contracts, deeds and wills profoundly affect our daily lives, but their language tends to be convoluted, antiquated and often nearly impossible for the public to understand. So where did the lessees and tortfeasors come from and are they necessarily here to stay? This history of legal language slices through the polysyllabic thicket of legalese. It shows to what extent legalese is simply a product of its past, when Anglo-Saxon mercenaries, Latin-speaking missionaries, Scandinavian raiders and Norman invaders all left their marks on the language that lawyers use today. Peter Tiersma suggests, however, that history alone provides an inadequate explanation for the peculiarities of legal language. He considers how lawyers cling to their foreign-sounding language because it convinces laypeople that the legal system is far too complex to navigate without professional assistance. Obscurity, Tiersma suggests, can also be strategic (as when an insurance company prints oppressive legal terms in small type on the back of a policy), as can clarity (if lawyers need to persuade a jury of their client's innocence, they speak and write with newfound ease). All these issues are wrapped up in the legal language that continues to evolve and shape our culture. This text demonstrates that arcane vocabulary is not an inevitable feature of our legal system and Tiersma concludes with a call for simplification. It brings the verbiage of leases, employment agreements and other consumer documents out of the shadows.

Table of Contents

Acknowledgments Introduction 1: Celts, Anglo-Saxons, and Danes 2: The Norman Conquest and the Rise of French 3: The Resurgence of English 4: Talking Like a Lawyer 5: The Quest for Precision 6: The Legal Lexicon 7: Interpretation and Meaning 8: Variation 9: Pleadings: Constructing the Legal Narrative 10: Testimony and Truth 11: Completing the Story 12: What Makes Legal Language Difficult to Understand? 13: Plain English 14: Communicating with the Jury Conclusion App. A: An Anglo-Saxon Legal Document App. B: A Case in Law French App. C: A Modern Will App. D: Excerpts from Jury Instructions App. E: Original Citibank Promissory Note App. F: Revised Citibank Promissory Note Notes Select Bibliography Word and Phrase Index General Index

Additional information

CIN0226803023G
9780226803029
0226803023
Legal Language by Peter M. Tiersma
Used - Good
Hardback
The University of Chicago Press
19990201
320
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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