The Language of the LawWipf and Stock Publishers, 13 mei 2004 - 540 pagina's This is that rare book which both informs and entertains. It is scholarly and sprightly - an unusual combination for any book, let alone one treating of the law. Lawyers and laymen alike can read it with profit and amusement. I hope many do, for it deserves a wide audience. The Honorable Arthur J. Goldberg (1908-1990), United States Supreme Court, The New York Herald Tribune A superb piece of writing, lucid, witty, meticulous in scholarship and unfailingly interesting. Robert R. Kirsch, Los Angeles Times We now have a full-scale study of our legal language that is written with an extraordinary awareness for vacuous words and phrases and an astounding amount of research into their history and usage.... This book has a practical value to every lawyer who drafts a document, a pleading, or even a letter. It is a great plea to bring the law up to date by awakening us to the empty verbalisms in which we think we are housing our thoughts.... It is a rare book that has value for all lawyers, despite the tendency of publishers and reviewers to make this claim with great frequency. Here, however, is a rarity. No lawyer could fail to learn many facts of surprising interest. But beyond this, 'The Language of the Law' presents a subtle challenge to the American Bar, a stimulus to improve our work and our profession by sharpening the product of our minds. If we meet this challenge head-on, we can perform a far more fundamental and genuine service to our clients, the public, and to ourselves than any other area of improvement, including court reform, can possibly offer. Ray D. Henson, American Bar Association Journal It should be compulsory reading for lawyers and judges; for a layman it is learning and entertainment of high order. The Honorable Matthew O. Tobriner (d. 1982), Associate Justice, Supreme Court of California, San Francisco Chronicle ...[B]rilliant and discursive treatise, concisely and urbanely presented,...a remarkable stimulus, recommended highly to the general reader as well as the wordy professional. Hugo Sonnenschein, Jr., Chicago Daily News |
Inhoudsopgave
CHAPTER I | 3 |
Language of the law not English | 9 |
CHAPTER | 11 |
Use of French words not in the general vocabulary | 15 |
Frequent use of formal words | 19 |
Deliberate use of words and expressions with flexible mean ings | 20 |
Attempts at extreme precision | 22 |
CHAPTER III | 24 |
The Georgian legislation | 132 |
CHAPTER X | 136 |
The age of the written word | 138 |
Languages of the new literacy | 142 |
The translation of Latin | 144 |
Background for andor | 147 |
Punctuation and the oral tradition | 152 |
The tale that English statutes were once unpunctuated | 157 |
Unclear | 25 |
Pompous | 27 |
Dull | 28 |
PART TWO HISTORY OF THE LANGUAGE OF THE LAW CHAPTER IV | 33 |
England as the point of departure | 34 |
CHAPTER V | 36 |
Celtic survives the Roman occupation | 37 |
A pattern of language mixture | 38 |
AngloSaxon beginnings | 39 |
Laws for illiterates | 41 |
The law gets rhythm | 42 |
AngloSaxon Old English | 45 |
Law words from AngloSaxon Old English | 46 |
Heathen into Christian | 49 |
Vikings and the law | 51 |
More Old Norse law words | 54 |
Common Old English in the language of the law | 55 |
The place and problem of Old English | 57 |
CHAPTER VI | 60 |
William the Conqueror | 61 |
The tale that William made French the language of the law | 63 |
Written language after the Conquest | 65 |
Spoken language after the Conquest | 67 |
Norman influence on literature and learning | 69 |
CHAPTER VII | 70 |
THE LAW AND LATIN 45 The Norman impetus to Latin | 71 |
The varieties of Latin | 72 |
A definition | 73 |
in words | 75 |
Latin additions and duplications | 76 |
Latin names for lawyers | 79 |
The habit of written Latin | 81 |
CHAPTER VIII | 83 |
A disorderly language | 84 |
Court hand and abbreviations | 86 |
Land law important | 88 |
The phrasing of documents | 91 |
CHAPTER IX | 95 |
French into general English | 97 |
Profession of law and law French ascendant | 98 |
Old French | 101 |
Legal relatives of Old French | 103 |
A definition | 105 |
French not at first a technical language | 106 |
The growth of technicality | 109 |
The first regulation of the language of the law | 111 |
Aftermath of the Statute of Pleading | 112 |
Transition from oral French to English | 114 |
The start of paper pleadings | 116 |
More law French into English | 118 |
The grand mixture of languages | 120 |
The laws habit of doubling words | 121 |
Tenacity of law French | 122 |
Commonwealth language reform | 125 |
Aftermath of Commonwealth language reform | 128 |
Diminishing need for French | 130 |
Legal punctuation for meaning | 164 |
Unhurried prose | 170 |
The law of evidence | 171 |
Lose a syllable lose the cause | 174 |
Harshness of the law | 176 |
The expanding law | 178 |
Complex rules of pleading | 183 |
Three hogsheads of cyder | 185 |
The piecework system | 186 |
Padding | 190 |
The unreformed law | 192 |
The unreformed profession | 194 |
Law and language as the colonists had known them | 201 |
Words of the New World | 204 |
Few lawyers came to America | 208 |
The transplanted language of the law | 212 |
Colonial variation | 215 |
Growth of the profession | 219 |
Lay opinion of the profession | 225 |
The yearning for simplicity | 229 |
The tenacity of form | 234 |
The lawyers role in the development of language | 238 |
American punctuation | 247 |
A lawyers protest against legal form | 252 |
Law language in the Old West | 256 |
Jeremy Bentham | 261 |
The mountainous law | 266 |
New words old habits | 270 |
The spread of formula | 275 |
PART THREE USING THE LANGUAGE OF THE LAW CHAPTER XII | 285 |
Precision unlimited | 290 |
What is precise? | 295 |
Exact or exactlythesameway? | 297 |
The traditional way | 298 |
it ever have a definite meaning? | 301 |
Some continuously vague archaisms | 304 |
Does it have a definite meaning now? | 325 |
Does this way make meaning more exact than ordinary Eng lish? | 345 |
Worthless doubling | 349 |
The pattern of twowordsforone | 363 |
Punctuation | 366 |
The tradition of precision by precedent | 374 |
Precision and requirement | 383 |
The small area | 387 |
The impossible and the undesirable | 393 |
CHAPTER XIV | 399 |
Contagious verbosity | 404 |
CHAPTER XV | 415 |
To make the language fit | 423 |
CHAPTER XVI | 437 |
Impressive | 446 |
The priesthood | 453 |
Selected Bibliography | 455 |
| 479 | |
| 499 | |
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Veelvoorkomende woorden en zinsdelen
18 Speculum ancient and/or Anglo-Norman Anglo-Norman Language Anglo-Saxon Bacon Ballentine Bentham Black's Law Dictionary Blackstone Books of Edward century Code Coke Commentary upon Littleton common law Conquest of England Cyclopedia of Legal Dictionary of Americanisms Dictionary with Pronunciations documents Edward II English Language English Law English Law 1959 example formbook French in England Harleian Miscellany History of English Holdsworth International Dictionary 2d Jones Jowitt judge King land Language of English Law Dictionary 4th law French law language law Latin law words lawyers Legal Forms London meaning Medieval Latin Middle English Norman Conquest Old English Old French Old Norse oral Oxford English Dictionary Phrases perm plaintiff pleading Pollock and Maitland precision profession Pronunciations 2d punctuation Section seisin Selden Society sense sentence seventeenth-century Stat statute Supp terms of art tion Usage Webster's New International William Woodbine Words and Phrases writ writing written
