Hukuk İngilizcesi, standart İngilizceden birçok yönden büyük farklılıklar gösteren benzersiz bir dildir.

As one of the oldest professions, the legal system has developed its own set of terms and conventions to facilitate communication among legal professionals. Understanding the differences between legal English and standard English is essential for anyone who deals with legal documents and contracts.

Terms of Art

One of the most noticeable differences between legal English and standard English is the use of terms of art. Legal English incorporates a significant amount of technical terminology, which can be unfamiliar to the layman. These terms are often derived from French and Latin and include ordinary words that are used with special meanings. For example, the term consideration in legal English refers to contracts and means an act, forbearance, or promise that constitutes the price for which the promise of the other party is bought. Other examples of legal English terms of art include waiver, restraint of trade, restrictive covenant, and promissory estoppel.

Lack of Punctuation

Another feature of legal English that sets it apart from standard English is the lack of punctuation. Legal documents, particularly conveyances and deeds, often avoid punctuation to prevent ambiguity and uncertainty. However, the absence of punctuation can make documents difficult to follow, and it has led to confusion in some cases. In modern legal drafting, punctuation is more commonly used to clarify the meaning of sentences.

Use of Doublets and Triplets

Legal English also employs the use of doublets and triplets, where two or three words are used to convey a single legal concept. Examples of legal English doublets and triplets include null and void, fit and proper, due care and attention, and perform and discharge. The use of doublets and triplets originated from the mix of languages used in early legalese, which aimed to help all lawyers, regardless of the language they spoke. However, it is now often used to join words with identical meanings.

Unusual Word Order, Use of Unfamiliar Pro-forms, Use of Pronominal Adverbs, -er, -or, and -ee Name Endings, Use of Phrasal Verbs

Legal English also has a unique word order, and it uses unfamiliar pro-forms and pronominal adverbs. Legal English also employs the use of -er, -or, and -ee name endings to indicate the reciprocal and opposite nature of relationships. Phrasal verbs play a significant role in legal English and are often used in a quasi-technical sense, such as parties enter into contracts or write off debts.

Disciplinary Value System of Legal English

Finally, legal English operates within a specific disciplinary value system delimited by professional, epistemological, and pragmatic concerns. This means that legal English uses terms such as reasonable, proper, clear, and appropriate to emphasize the importance of precision, accuracy, and clarity in legal communication.

In conclusion, legal English differs greatly from standard English in terms of its vocabulary, syntax, and conventions. Understanding these differences is essential for anyone who deals with legal documents and contracts. Legal professionals must communicate with accuracy and precision, and legal English helps them do so. As a result, it is crucial to develop an understanding of legal English to communicate effectively and avoid misunderstandings in the legal profession.

Here’s an exercise based on the blog post about the differences between legal English and standard English:

  1. Define the term “terms of art” as used in legal English.
  2. Give an example of a term of art that is derived from French.
  3. What is the definition of the term “consideration” in legal English?
  4. What is one reason for the lack of punctuation in legal English?
  5. Give an example of a doublet or triplet used in legal English.
  6. What is the purpose of using unfamiliar pro-forms in legal English?
  7. What are some examples of pronominal adverbs used in legal English?
  8. How does legal English indicate the reciprocal and opposite nature of a relationship?
  9. What is the role of phrasal verbs in legal English?
  10. In what way does legal English operate within a specific disciplinary value system?

Answers:

  1. Technical terminology that is unfamiliar to the layman.
  2. Restraint of trade.
  3. An act, forbearance or promise by one party to a contract that constitutes the price for which the promise of the other party is bought.
  4. To prevent ambiguity and detect tampering with the original document.
  5. Null and void, fit and proper, perform and discharge.
  6. To modify a noun.
  7. Hereof, thereof, and whereof.
  8. By using -er, -or, and -ee name endings.
  9. They play a large role and are often used in a quasi-technical sense.
  10. It operates within a value system delimited by professional, epistemological, and pragmatic concerns.

English – Turkish dictionary:

Legal English – Hukuki İngilizce
Standard English – Standart İngilizce
Terms of art – meslek terimleri
Technical terminology – Teknik terimler
Unfamiliar – Aşina olmayan
Layman – meslekten olmayan
Waiver – Feragat
Restraint of trade – Ticari kısıtlama
Restrictive covenant – Kısıtlayıcı antlaşma
Promissory estoppel – Taahhüdün sözleşme ile güçlendirilmesi
French – Fransızca
Latin – Latince
Consideration – Karşılık
Contracts – Sözleşmeler
Act – Fiil
Forbearance – Muafiyet
Promise – Söz
Price – Fiyat
Construction – Yorumlama
Prefer – Tercih etmek
Redemption – Kurtulma
Furnish – Sağlamak
Find – Bulmak
Lack of punctuation – Noktalama eksikliği
Archaic – Arkaik
Drafting – Taslak hazırlama
Conveyances – Devir işlemleri
Deeds – Tapu senetleri
Wills – Vasiyetler
Ambiguity – Belirsizlik
Meaning – Anlam
Detect – Tespit etmek
Clarify – Açıklığa kavuşturmak
Doublets – İkilemeler
Triplets – Üçleme kavramlar
Mix – Karışım
Languages – Diller
Legalese – Hukuk dili
String together – Bir araya getirmek
Null and void – Geçersiz
Fit and proper – Uygun ve yeterli
Due care and attention – Gerekli özen ve dikkat
Perform and discharge – Yerine getirme ve yerine getirme
Terms and conditions – Şartlar ve koşullar
Controversy – Tartışma
Claim – Talep
Promise – Söz vermek
Agree – Kabul etmek
Covenant – Sözleşme
Cease and desist – Durdurmak ve vazgeçmek
Word order – Kelime sırası
Provisions – Hükümler
Termination – Sonlandırma
Hereinafter appearing – İleride görünecek
Cost – Maliyet
Borrower – Borçlu
Comply – Uymak
Modify – Düzenlemek
Hereof – Buradan
Parties hereto – Taraflar burada
Parties to this contract – Bu sözleşmenin tarafları
-er, -or, and -ee name endings – -er, -or ve -ee isim sonları
Employer – İşveren
Employee – İşçi
Lessor – Kiraya veren
Lessee – Kiracı