Here words: hereby, hereafter, herein, hereof, heretofore, herewith;
Aforesaid and forthwith;
58
Thence and thenceforth;
Where words: whereas and whereby;
There words: thereafter, thereat, thereabout, thereby, therefore, therefore, therein,
thereon, thereto, thereupon, therewith;
Witnesseth, which means to furnish formal evidence of something.
Loan Words. In English legal documents most words have Latin and French origin.
In Pollock and Maitlands’ work which is called The History of Law 81 [(2d ed.
1898] we can see samples of such words:
court, covenant, crime, damage, debt, declaration, defendant, demand, descent,
devise, easement, evidence, execution, felony, goals, grant, guarantee.
Technical terms. These are the words which include pure legal words. Technical
terms in the field of law refer to terms of legal art that have their own meaning and
extension in the legal sense. These types of words are frequently and widely used
to concisely express complex legal concepts and cannot be replaced by other
vocabulary. For this category we can include such words like appellate, arrest
warrant, capital offense, common law, continuance, counterclaim, deposition,
felony, habeas corpus, indictment, injunction, juror, misdemeanor, probation,
remand, sequester, sidebar, subpoena, testify, verdict, impeachment, exculpatory
evidence, default judgment, charge of the jury, case law, binding precedent, bail,
acquittal, affidavit, Alford plea.
These words are not easily understood by nonprofessionals and frequently become
the cause of miscomprehension of the legal processes. These words are considered
very important in legal writing, as they show stylistic features of legal language.
We can also include syntactic features of English as stylistic characteristics. One of
the main stylistic features of the language of any legal text and documents is their
syntactic differentiation. According to the linguist Danet [1985, 281], the syntax of
59
the legal language in the English language is stylistically more distinguished from
the lexical units in it, and in this respect, it is more difficult for people to
understand it.
One such feature is Nominalisation. In linguistics, nominalization or is the use of
non-noun words (such as a verb, adjective, or adverb) as a noun or as the beginning
of a nominal phrase. This change in the functional category may occur through
morphological transformation, but this is not always considered as the issue.
Nominalization may refer, for example, to the process of forming a noun from
another part of speech by adding a derived affix (eg, the noun legalization from the
verb legalize)[ Kolln, M. (1998]. Rhetorical Grammar: Grammatical Choices,
Rhetorical Effects] but it can also refer to a compound noun. formed as a result.
[ Lieber, Rochelle (25 June 2018). Oxford Research Encyclopedia of Linguistics.]
Nominalization also has a synonym which is "nouning".[Macmillan Dictionary.]
Some languages allow verbs to be used as nouns without an inflectional distinction
(transformation or null derivation), while others require some form of
morphological change. There are cases of both in English. In the following, some
samples of nominalization are given:
№ Verbs
Nouns
1.
Activate
activation
2.
Adapt
adaptation
3.
Agitate
agitation
4.
Authenticate
authentication
5.
Civilize
civilization
60
Nominalization can also include expressions like give time for the payment of any
Dostları ilə paylaş: |