英文法律用语的特色

Characteristics of English Legal Language

　　1. Extreme linguistic¹ conversion² of legal English: copied directly from "form books"(法典)

　　2. Unbroken format³ 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 dearth⁴ of punctuation⁵ to prevent forgery⁶.

　　5. Legal documents composed as one very long sentence - no question of sentence linkage⁷, 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 underlying⁸ logical structure: "if X, then Z shall be (do) Y" - "if X" = conditional/ concessive adverbial clauses:

　　eg: co-ordinated adverbials: on the expiration⁹ …… or on the previous death ……/ subject to any authorized¹⁰ endorsement¹¹ …… and to the production……

　　8. Written legal English contains nominal¹² group structures (eg: post-modification in the nominal groups):eg. any insstalment then remaining unpaid¹³, hereinbefore reserved and agreed to be paid during the term.

　　9. Adjectives and intensifying¹⁴ 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, stipulation¹⁵, possession

　　11. Verbal groups are of the type: modal auxiliary¹⁶ (shall) + be + past participle : shall is used to express what is to be the obligatory¹⁷ 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)