Why is legal language confusing?
Let's dive into the world of legal language. As a non-lawyer, I always wondered why lawyers and judges like to use fancy words that normal people like us don’t understand. So, I decided to do some digging and figure out why.
How was legal language formed?
Some of the Latin phrases used in current-day legal documents date back centuries. And while some of these phrases have been simplified over the years, many remain embedded in the language.
Legal language has a long history and is deeply rooted in tradition. Many legal terms and phrases have been used for centuries and have been taken from other languages like Latin and French. This can make legal language seem archaic or outdated to an everyday layperson like myself.
A mensa et thoro means pertaining to or noting a divorce that forbids husband and wife to live together but does not dissolve the marriage bond.
Where is legal language used?
Legal language is used in a specific context, like legal documents and court proceedings, to ensure everyone is on the same page. It's like a secret code only lawyers and judges can decipher. And let's be real, for the rest of us; it might as well be written in hieroglyphics.
For those outside of that context, legal language can be challenging to follow and understand.
A legal document may use the term "tort" to refer to a civil wrong that causes harm to someone else, but this meaning may not be immediately clear to someone who is not familiar with legal terminology.
What purpose does Legal language serve?
Precision: Legal language is supposed to convey precise meanings and concepts, such as legal definitions and technical language so that legal documents can be interpreted correctly and consistently.
Formality: Legal language is used to give legal documents a formal and authoritative tone. This helps to establish the legal significance and seriousness of the document. (sounds snooty if you ask me)
Legal tradition: Legal language is used to maintain continuity with legal tradition and to convey respect for legal precedent.
Why do legal scholars disagree on what the law means?
Ambiguity: Even with precise legal language, there may be ambiguities in the law, which can lead to different interpretations. This can occur when there is more than one reasonable interpretation of a legal provision.
Precedent: Judges are often bound by precedent, which means they follow the decisions of higher courts in similar cases. As we know, this isn’t always the case, as we’ve seen in the case of Roe vs Wade being overturned.
Context: The meaning of legal language can depend on the context in which it is used. Judges and legal scholars may interpret the same legal provision differently based on the case context.
Values and beliefs: Judges and legal scholars may have different values and beliefs that influence how they interpret the law. For example, some judges may be more inclined to interpret the law in a way that protects individual rights, while others may be more inclined to interpret the law in a way that promotes social stability.
Legal strategy: Judges and legal scholars may have different strategic reasons for interpreting the law in a particular way. For example, a judge may be more likely to interpret the law to avoid conflict with other laws or constitutional provisions.
The interpretation of the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures, has been the subject of much debate and interpretation over the years.
My two cent
While legal language is necessary for ensuring clarity and unambiguous communication in the legal system, efforts should be made to make legal language more accessible and understandable for non-lawyers.
This could include simplifying language, providing plain-language translations, and increasing education and public awareness of legal terminology and processes.
By making legal language more accessible, the legal system can help to ensure that everyone has equal access to justice and legal protections.
That’s all I have to say about that.
Until next time, take care you!
Always,