Functions of language:

Jakobsons classification

Functions of Legal
Language
1) Producing legal effects by speech acts
2) Transmitting legal messages
3) Reinforcing the authority of the Law
4) Reinforcing the team spirit of the legal

profession
5) Linguistic legislation
6) Cultural tasks

1. Speech Act Theory

Theory of speech acts : John L. Austin (1911-

1960), John Searle (1932)

J. Austin, How to Do Things with Words
(1962)
Non-declarative uses of language
Language is used not only to transmit
messages but to produce certain effects

1. Speech Act Theory

Many utterances do not communicate

information, but are equivalent to actions

I apologize, I promise, I do (at a wedding)
utterances convey a new psychological or
social reality
To say = to perform
Such utteranctes performatives; different
from statements that convey information
(constatives)
Performatives are not true or false

1. Speech act theory

Speech is not only passively describing a

given reality, but it can change the (social)

reality through speech acts,
For linguistics as revolutionary a discovery as
for physics was the the discovery that
measurement itself can change the measured
reality.

1. Speech act theory

Studies the effect of utterances on the behaviour

of speaker or hearer using a threefold distinction:

1) we recognize the bare fact that a
communicative act takes place: locutionary act
2) we look at the act that is performed as a result
of an utterance (e.g. promising, welcoming,
warning): illocutionary act
3) we look at the effect the speakers utterance
has on the listener: perlocutionary act

1.1.Speech Acts
Locutionary
Illocutionary
Perlocutionary

1.1.1.Locutionary speech
acts
The actual utterance and its ostensible
meaning, corresponding to the verbal,
syntactic and semantic aspects of any
meaningful utterance

1.1.2.Illocutionary speech
act
The semantic 'illocutionary force' of the
utterance, thus its real, intended meaning;
E.g. promising, ordering someone, and
bequeathing
"by saying something, we do something", e.g.
someone issues an order by saying "Go!; a
minister joins two people in marriage saying,
"I now pronounce you husband and wife; "I
bequeath this watch to my brother," as
occurring in a will

1.1.2.Illocutionary acts
=Performatives

"I nominate John to be President",

"I sentence you to ten years' imprisonment",

or
"I promise to pay you back.
In these performative sentences, the action
that the sentence describes (nominating,
sentencing, promising) is performed by the
utterance of the sentence itself.

1.1.2.Performatives
Though they may take the form of a typical

indicative sentence, performative sentences

are not used to describe and are thus not true
or false; they have no truth-value.
To utter one of these sentences in appropriate
circumstances is not just to "say" something,
but rather to perform a certain kind of action
when something goes wrong in connection
with a performative utterance it is
"infelicitous", or "unhappy" rather than false

1.1.2.Illocutionary speech acts

(Searle 1976)
1)Representatives = commit a speaker to the truth of

a proposition, e.g. affirm, believe, conclude, deny, report

2)Directives = the speaker tries to get the hearer to do
sth, e.g. requests, commands and advice
3)Commissives = commit a speaker to some future
action, e.g. promises and oaths
4)Expressives = express the speaker's attitudes and
emotions towards the proposition, e.g. congratulations,
excuses and thanks
5)Declarations = change the reality in accordance with
the proposition of the declaration, e.g. baptisms,
pronouncing someone guilty or pronouncing someone
husband and wife

1.1.3.Perlocutionary speech
acts
A speech act, as viewed at the level of its

psychological consequences, such as

persuading, convincing, scaring, enlightening,
inspiring, or otherwise getting someone to do
or realize something.
contrasted with locutionary and illocutionary
acts

1.1.3.Perlocutionary speech
acts
Unlike the notion of locutionary, which

describes the linguistic function of an

utterance, a perlocutionary effect is in some
sense external to the performance.
It may be thought of as the effect of the
illocutionary via the locutionary act.
when examining perlocutionary acts, the
effect on the hearer or reader is emphasized.

1.1.3.Perlocutionary speech
acts
Eliciting an answer is an example of

perlocutionary act, an act performed by

saying something.
If one successfully performs a perlocution,
one also succeeds in performing both an
illocution and a locution.

1.2.Felicity conditions
Speech acts successful if they satisfy felicity

conditions
For some performatives the person must have
the authority to do sth: fine, baptize, arrest,
declare war; for some, this is not the case:
apologize, promise, thank

1.2.Felicity conditions
A speech act has to be performed in the correct

manner:
1) in some cases, a procedure has to be followed
exactly and completely (e.g. baptizing);
2) in others, certain expectations have to be met
(one can only welcome with a pleasant
demeanour)
3) a speech act must be performed in a sincere
manner: apologize, guarantee, vow . Effective
only if speakers mean what they say; believe,
affirm - valid only if the speakers are not lying

1.3.Speech acts and the legal

order
Since law is only alive in language, it is

possible to change legal relationships only by

language
The language of the law instrument of
speech acts: it has performative function
Legal order gives meaning of a speech act
to words expressed orally or to a signed
document

1.3.Speech acts and the legal

order
Ritual expressions once of great importance

in realizing speech acts: if, in Ancient Rome or

in medieval England, if the claimant made
even a small mistake in reciting the required
form of action, he lost the case
Under Roman law: without the word spondeo
(I promise) being pronounced, a contract did
not arise

1.3.Speech acts and the legal

order
By a speech act, the legislator can sanction a

legal rule, a judge can take a judicial decision,

or an individual can enter into a contract
A law comes to life when Parliament passes a
bill and the head of State promulgates it
A valid judgment is produced by the judge
declaring: On these grounds, the Court ()
awards the mother/father custody of the
minor child ()

1.3.1.Semiotics of law
Semiotics investigates the structure of all

possible sign systems and their role in the

way we create meaning in sociocultural
behaviour
Patterned human communication in all its
modes (sound, sight, touch, etc.) and in all
contexts (dance, film, politics, clothing etc.)

1.3.1.Speech Acts vs. Semiotic

Acts
History: a speech act was often reinforced by a

semiotic act
Roman law: mancipatio transfer consisting of a
symbolic exchange, in the presence of 5
witnesses, where the acquirer placed his hand
on the person (slave), animal, or good
comprising the object of the act (manus = hand,
capere= take, take hold of); after pronouncing
the ritual words, the acquirer placed a coin on
the plate of the scales to symbolise the selling
price

1.3.1.Speech acts vs. Semiotic

Acts
Modern examples: gavel struck by the

chairman of a meeting to confirm a decision

taken
Handshaking of negotiators on concluding
agreement
Today: speech acts increasingly replaced by
semiotic acts in matters of routine contracts
(customer hands over the items in a shop,
receives the bill); silent law

Communication

Semiotic triangle

Communication

2. Communication theory
Basic elements of communication:
Sender: sends the message
Channel: the medium used to transmit the

message
Receiver: reconstructs the message
Feedback

Communication noise

Communication noise

Communication noise
Environmental noise
Physiological-impairment noise
Semantic noise
Syntactic noise
Organizational noise
Cultural noise
Psychological noise

Environmental noise
Noise that physically disrupts communication,

such as standing next to loud speakers at a

party, or the noise from a construction site
next to a classroom making it difficult to hear
the professor.

Physiological-impairment
noise
Physical maladies that prevent effective

communication, such as actual deafness or

blindness preventing messages from being
received as they were intended.

Semantic noise
Different interpretations of the meanings of

certain words. For example, the word "weed"

can be interpreted as an undesirable plant in
a yard, or as a euphemism for marijuana

Syntactical noise
Mistakes in grammar can disrupt

communication; long and complicated

sentences

Organizational noise
Poorly structured communication can prevent

the receiver from accurate interpretation: e.g.

unclear and badly stated directions can make
the receiver even more lost

Cultural noise
Stereotypical assumptions can cause

misunderstandings, such as unintentionally

offending a non-Christian person by wishing
them a "Merry Christmas".

Certain attitudes can also make

communication difficult. For instance, great

anger or sadness may cause someone to lose
focus on the present moment. Disorders such
as autism may also severely hamper effective
communication.

Psychological noise

2.1.Communication theory and

law
Legal language transmits messages relative

to the law
Through this language, we become familiar
with the content of laws and regulations,
judgments and administrative decisions, briefs
and pleadings of advocates, indictments of
prosecutors etc.

2.1.1.Interference
Obstacles, loss, distortion, and noise
Examples: mistaken address, disappearance

of the message during transmission, failure to

perceive the message, absence of
communicative competence on the part of the
sender, delay of the message

2.1.1.Interference
Information loss: diminuition or impairment of

information, negative attitude on the part of

the recipient
Distortion: faulty understanding or
interpretation of the message, due to its
ambiguity or to the fact that an intermediary
has changed the content
Noise impeding elements mixed up with the
message

2.1.1.Interference in legal
communication
Examples: an application sent to an authority

lacking competence
A message may be delayed too long in
transmission, preventing delivery of a
summons to the defendant before the deadline
Correct understanding of a message often
presupposes that the recipient has sufficient
prior knowledge of the matter
Problems in relations between lawyers and lay
individuals; in communication between lawyers
from two or several countries

2.1.1.Interference in legal
communication
Incomplete, unintelligible, or equivocal nature

of the message
Change of information during transmission
Signals that impede the message
The recipients negative attitude

2.1.1.1.Incomplete Message
Examples: witness statements imperfectly

recorded in case files or court minutes; acute

in countries where the trial is essentially
based on documents prepared during different
phases of the proceedings (including pre-trial
investigation and preparation of the case)
Hearing of witnesses sometimes takes place
after a long time, in which case witness recall
lacks clarity and completeness

2.1.1.2.Hermetic message
Communication fails because the message is

hermetic
A legal message sometimes formulated in such a
way that a lay individual can hardly understand it
Archaic or foreign vocabulary can impede
understanding of the message
Contagious effect of unintelligible words: the text
as a whole becomes unintelligible
From the standpoint of citizens legal terminology is
abstract, and therefore obscure

2.1.1.2.Hermetic Message
Paradoxically, foreign terminology can also improve

the understandability of a legal text, esp. in cases of

creation of new terminology
The method often employed is to duplicate the legal
words that are still vague: they are followed in
parentheses by corresponding words from another,
established legal language, notably Latin
The same method sometimes used in international
conventions
To ensure that technical legal terms are
understandable in cases involving terms that are less
established, or of which one party at the convention
has insufficient command

2.1.1.2.Hermetic Message
EU: a centralized legislative system based on
regulations and directives - required to ensure
smooth functioning
EU legislation translated into all the official
languages
EU legislation reflects the traditions of larger
countries; often difficult to understand for
smaller countries with different traditions, in
spite of the fact that it is translated into their
languages

2.1.1.2.Hermetic Message
Prime importance the question of who

constitutes the target of legal language

Where a legal text is intended for use only
between lawyers, the requirement of
understandability less emphasized than in texts
intended for the general public
The borderline-not always clear; the guarantee
of legal protection requires that texts intended
in the first place for use by lawyers should be
understandable to every citizen

2.1.1.3.Ambiguous message
Natural language often allows two or more

interpretations of the same text arising from

multiple meanings of words (polysemy), or for
syntactic reasons
Interpreting a legal text higly complex
because meaning does not depend only on
linguistic arguments

2.1.1.3.Ambiguous message
It is not enough to clarify the goal sought by

the legislator, or to establish that goal is in

harmony with the legal system overall
It has to be resolved whether the text should
properly be interpreted in that way when
taking into account the circumstances of the
case in question

2.1.1.4.Mutation of Message
Content in Transit
A witness statement can be recorded not only

incompletely but also erroneously

Renewal of testimony before a higher court, long
after the incident, often changes the content of
testimony
Documents drawn up by the administrative
authorities rarely conform to the manner of
expression of citizens; administrative language
makes the original message far more abstract
International relations: errors in legal translation;
intermediary language

2.1.1.4.Mutation of Message
Content in Transit
Latin America in the colonial period: statements by

the accused and witnesses recorded in

administrative and judicial minutes in a purified
form;
only Spanish was used, in a legal-theological style
incomprehensible to anyone lacking a higher
education;
some of the accused and witnesses had no
knowledge of Spanish:
an accused often unable to defend himself,
justice?

2.1.1.5.Signals impeding the

message
Irrelevant signals impeding the main message

noise
The hubbub of the public present in the
courtroom may hamper communication
Another type of noise over-long
documents containing, apart from important
information, irrelevant information that tires
the reader

2.1.1.5.Signals impeding the

message
Language rituals oral and written a kind of

noise; dictated by stylistic ideal fashionable in a

society
Latin of Antiquity clear and concise
Medieval legal Latin - highly complex; the differenc
originates from the divergence between the
Romans concept of style and that of the ancient
Germans: a descriptive and repetitive langauge
During the Baroque period, it was difficult to find
the real legal message in documents, beneath a
wealth of decoration

2.1.1.6.Negative Attitude of
Recipient
The problem of rhetoric: art of persuasion
A convincing presentation: well constructed;

includes all necessary arguments in an appealing

form
In Nordic countries: advocates present their
arguments neutrally and simply
In Central and Western Europe: classic methods of
rhetoric: hyperbole, metonymy, archaisms,
neologisms, foreign words, paradoxes,
paraphrases, word play, antithesis, surprise
arguments, metaphors etc.

2.1.1.6.Negative Attitude of
Recipient
The power of the word reinforced by

changes in tone and by gesture

Code of conduct in some legal cultures: the
prosecutor should become carried away as his
address proceeds, and his voice should rise in
pitch; the impression completed by body
language (eyes, hands)

3. Strengthening the authority

of the Law
Aims and methods of legal authority
Understanding and memorising legal rules
Citizens commitment to the law
Declarations of fundamental values
Textual style
Authority of the law and fear of sanctions
Sacred character of the law
Magical character of legal language
Humility before the court
Solemn forms of justice
Overcoming judicial uncertainty

3.1.Aims and methods of legal

authority
Legal language instrument of social

management and control

Tasks: to consolidate social structures, the
legal order, and taking of decisions on the
basis of laws
Language influeces the behaviour of an
individual, a section of the population or the
people as a whole
The authority of the law strenghtened by
legal language

3.2.Understanding and
memorising legal rules
In ancient societies: specific individuals

charged with commiting the laws to memory

Mnemonics: 1) old laws would describe
specific cases, often highly colourful, that
would become engraved in the mind of those
who heard them; 2) concise, often rhythmic
character of legal language

A recent example: the French Civil Code;

Stendhal read it regularly, to improve his style

as a novelist
Article 2: The law provides only for the future:
it has no retroactive effect (La loi ne dispose
que pour lavenir; elle na point deffet
3.2.Understanding
and
retroactif)

memorising legal rules

3.4.Understanding and
memorising legal rules
Complex modern society presupposes rules that

are precise and detailed. Laws and regulations only

for expert use on the increase; incomprehensible
to citizens
Method to inform the general public about
legislation short bulletins that summarise the
content of laws and regulations in simple language;
largley replaced authentic laws and regulations as a
source of information for the general public
Detailed information offered by modern
computerised means; free access to legislative
databanks

3.5.Citizens commitment to the

Law
State power takes the form of word power
The most important category of power written law
In a democracy the law possesses a function comparable

to that possessed, under a despotic government, by

physical violence and fear
In a democratic state, citizens should feel about law and
justice as their own
Legal community community of persuasion, not a
community of constraint
Successful choice of words and style stimulate citizens to
commit themselves to law

3.6.Declarations of fundamental
values
Constitutions: equality, rights of citizens
The importance of use of language in creating

a new impression of legal institutions

(peoples democracy, peoples court)
Efforts to eliminate words that could be
insulting: illegitimate child > natural child
Neutral terms referring to masculinity and
femininity; feminine form of various
professions and titles

3.7.Textual style
French legal language petrified by 16th c:

archaic terminology and style; grounds for

judgments highly complicated and
incomprehensible
Over-relaxed style should also be avoided
Everyday words should be used with utmost
caution
Legal language - lags behind general language
Laws should create a serious, but not oversolemn, ambience

3.8.Personal Commitment by
the Citizen
Oath the instrument through which it was

sought to ensure that citizen makes his own the

orders of the authorities and provisions of law by
committing himself to truth in his declarations
The importance of oath - heightened by its
religious background and its ritual and solemn
character; at the same time personal
commitment
Often the oath had to be taken in the mother
tongue of the individual although the language
may have been different

3.8.Personal Commitment by
the Citizen
Soldiers of the imperial Austrian army took

their oath in their mother tongue although the

language of the army was German
In 19th c. Hamburg, oaths were still taken in
Low German although High German had long
been the language of the citys courts and
public offices

3.9.Authority of the Law and

Fear of Sanctions
Legal language language of power; often

categorical
Laws do not contain justifications and they do
not aim to edify
The style of legislative acts expresses the
States perception of its power: verbs that
give orders or prohibitions

3.9.Authority of the Law and Fear

of Sanctions
The peremptory character of law often invisible

at the language level: present indicative gives

the impression of a simple description of facts,
though in reality it involves and order: During
marriage, the father and mother exercise their
parental authority jointly(Pendant le mariage, les
pere et mere exercent lautorite parentale en
commun), Swiss Civil Code, Art 297
In judicial and administrative decisions, the
exercise of power expressed by words such as
order, sentence etc.

3.9.Authority of the Law and Fear

of Sanctions
Peremptoriness not a feature of all use of

legal language
Language of legal scholars and advocates
different; it aims to convince the reader or
listener
Abundance of argument typical of the latter
language, and coherence of the text is
ensured by words expressing a conclusion,
such as thus, therefore
Many quotations (metalanguage)

3.10.Sacred Character of the

Law
Ancient kings exercised a power at once

temporal and eternal ;Ten Commandments

given to Moses by God; contempt for the law
and justice contempt for God; earthly
sanctions - complemented by celestial ones
Sacred character of the law heightened by
means of language and ritual
Preambles to laws have often indicated and
still do that the legislator has been
empowered by the Supreme Being

3.10.Sacred Character of the

Law
In preambles to Constitutions, the connection

between law and religion often remains

visible: Aware of its responsibility before God
and manthe German people have assumed
this Constitution (German Constitution of
1949);
The Swiss Federal Constitution begins: In the
name of Almighty God

3.10.Sacred Character of the

Law
Certain formulas employed by courts express

the concept according to which the Supreme

Being is present in legal proceedings:
formulas for taking the oath, where personal
commitment is strenghtened by Eternity

3.10.Sacred Character of the

Law
In former times, the sacred character of the law-

evident also in private documents, notably wills

Old Polish wills no title; a popular opening: In
the name of the Father and Son and the Holy
Spirit, Amen, or: In nomine Patris et Filii et
Spiritus Sancti. Amen.
The testator moved his act into the Holy domain
and professed his faith and confidence in
salvation
The will gained a celestial authority which
ensured its observance

3.11.Magical Character of Legal

Language
Formerly: much of the power of legal language

based on its hypnotic rhythm and on magical

elements
Old German law - often in a highly rhythmical
form; magical formulas, whose melodious
character affirmed in listeners a depth of feeling
that ensured respect for legal rules
Frequent binary formulas: das Recht strken und
das Unrecht krnken; die Wahrheit sagen und die
Lge lassen
Chains of synonyms or quasi-synonyms

3.11.Magical Character of Legal

Language
17th and 18th c. Polish wills: I leave, present, give

and enjoin
In the Middle Ages: according to Bavarian law, the
claimant was supposed, while reciting the formula of
the claim, to touch the defendant with a walnut
branch, a traditional magical object
Magic of numbers (7: God created the world in 7 days)
In France: Special criminal court: 7 judges; mandate
of the President: 7 years; limited company: 7
members; 7-day term important for conclusion of
contracts

3.12. Legal Latin

Latin used to express technical legal

concepts and underline the authority of justice

Middle Ages court proceedings in Latin
although the parties did not understand it
Judgments- given in Latin at the beginning of
modern times
Administration of justice an event beyond
comprehension from the standpoint of the
people; impressive and awsome

3.12. Legal Latin

Today Latin used during judicial ceremonies

(opening of sittings)
Doorways and walls of courts decorated with
Latin adages
Latin documents Latin maxims

3.13.Other Legal Languages

Apart from Latin, listeners can be impressed

by the use of an incomprehensible, but high

status language
Medieval England law French
Still today: arrival of judges in the courtroom
announced in French: Oyez! Oyez! Oyez!

3.14.Humility before the

Court

Phrases expressing the humility of those

seeking justice and respectful body language

also reinforce the authority of the law
Ritual compliments in addressing a judge or
sending a formal document to a court or
public office
In England: My Lord, Your Lordship, Your
Honour

3.15.Solemn forms of justice

Public authorities reinforced the authority of

justice by semiotic means

In medieval Germany the audience chamber
of a court always contained a painting of the
Last Judgment
Symbols of justice: the scales, the sword, the
axe and the blindfold
Solemn legal language - means to arouse
respect for the law among citizens

3.14.Solemn forms of justice

Signs that indicate the beginning and end of

sittings: ringing of church bells, allocation of

space to participants in the courtroom: judges
on a rostrum, prosecution and defence
benches on opposite sides; movements and
gestures (who should stand while speaking
and when), special clothing of judges and
counsel (wigs, gowns), the solemnity of the
building (often palace)

3.14.Solemn forms of justice

Traditionally, a courthouse built in imitation of

a Graeco-Roman temple; statute of the

goddess of justice; judges rostrum: placed on
a platform, above the parties and the public
the sacred origins and the authority of the law
French judges robe wide sleeves in early
times, a sign of belonging to the governing
social classes who merely gave orders

3.14.Solemn forms of justice

Judicial rituals judges enter in a particular

order; others have to stand; leave to speak

given by the main judge; the main judgesilences the room by raising a hand (raised
hand - symbol of authority and command)
Some phenomena mid-way between semiotic
and linguistic: tone of voice, pauses in
discourse, the silence of the public; in written
documents: page layout of documents
addressed to authorities, reflecting the respect
of sender to recipient

3.15. Overcoming judicial

uncertainty
Legal language - an instrument of deeds that

can completely change the course of a life or

even bring an end to a life (death penalty)
The possibility of a mistake, issuing from a
flawed judgment, often real
In the past the judges mental load
relieved by the belief that the Most High was
present during the proceedings
By language means, the judge was freed from
responsibility regarding flawed judgments

3.15. Overcoming judicial

uncertainty
In medieval England, the claimant had to

present his case by reciting a long and

complicated formula. If there was one
mistake, he lost his case: a language error
was considered to be a sign from God that the
claimant was pleading an unjust cause
In many countries, judges speak in the name
of their institution and by their authority: On
these grounds the courtdeclares

3.15.Overcoming judicial
uncertainty
The official role and solemn, ritual language

create a feeling of certainty, leaving aside the

subjective element of the decision

Special language of a restricted group,

incomprehensible to outsiders; distancing

strategy
Strengthens group cohesion,
4.
A Strengthening
feeling of solidarity, Lawyers Team
Consolidates professional identity
Spirit
Expresses the commitment of lawyers to the
values and traditions of their profession
Latin and legal jargon a special value

4.1. Latin as a cohesive factor in the

legal profession
Latin the language of the legal profession in

the past; comprehensible only to the social

elites; consolidated lawyers team spirit and
their power the vulgus was excluded from
legal communication
Today legal documents should be
comprehensible to the general public
Legal scholars still cultivate Latin in their
publications; Latin quotations
Latin maxims much-loved folklore of lawyers

4.2. Legal jargon: the lawyers secret

language
Jargon differs from legal language in that it

expresses emotions
Subjectivity, fantasy, comedy: strengthens
group ties between lawyers
Institutional jargon

5. Linguistic policy: minority protection

vs. Language unification
Linguistic policy aims to preserve or to

change either the relationship between two or

more languages, or the properties of a single
language
Such policy sometimes protective,
sometimes an exercise of power
The exercise of power requires consolidation
of the position of the dominant language
The functioning of government presupposes
linguistic unification of the country

5.1. Minority protection vs. Language

Unification
Idea that only linguistic unity can ensure that

citizens understand a legal message

The central power often aims to change
linguistic conditions in a country, so as to
strengthen its cohesion
Centralised states endeavor to impose a
single legal language for the whole country

5.1. Minority protection vs. Language

Unification
Unifying the judicial and administrative language

has often radically influenced the linguistic

conditions of a country: it has led to the total
abandonment of languages previously spoken
A single national language appropriate for
strengthening national identity and preventing
the dissolution of the State
The population seeks to imitate the language
spoken by the authorities and social
advancement is only possible by adopting that
language

5.1. Minority protection vs. Language

Unification
In contrast to a linguistic policy satisfying the

needs of the exercise of power a linguistic

policy that aims to protect threatened
languages

5.1.1.Example: Finnish and Swedish

in Finland
Official languages in Finland: Finnish and

Swedish
92.5% Finnish speakers, 5.7% Swedish
speakers
Many Finns bilingual; Swedish obligatory in
Finnish schools
Swedish in Finland under strong Finnish
influence

5.1.1.Example: Finnish and Swedish in

Finland
12th-19th c. Finland formed part of the

Kingdom of Sweden
Adopted Swedish legal culture
Swedish gaining ground in Finland
Finnish speakers who gained entry to the
higher social classes adopted Swedish
Swedish-speaking population lives in the
coastal towns, intermingled with the Finnishspeaking population
The sole official language - Swedish

5.1.1.Example: Finnish and Swedish in

Finland
Sweden ceded Finland to Russia in 1809
Alexander I gave autonomous status to Finland
Finnish representatives proposed during a

session of the Finnish Diet in 1809 that the

official language should continue to be
Swedish; fear that the Tsar might introduce
Russian as the official language
In 1820s documents began to be drawn up in
Finnish
Equal status of Finnish recognized 1902

5.1.1.Example: Finnish and Swedish in

Finland
The first Constitution of independent Finland

of 1919 and the new Constitution of 1999

both prescribed that both languages should
have equal status
Finnish and Swedish legislative texts have the
same value and should be published in both
languages

5.1.1.Example: Finnish and Swedish in

Finland
19th c. Swedish language laws reflected a

power policy aimed at ensuring the cohesion

of the Kingdom of Sweden
Today: linguistic equality in favour of Swedish
speakers who constitute a small minority
protective language policy

6. The cultural task of legal language

1. Preserving the linguistic heritage
2. Developing the language

6.1. Preserving the linguistic heritage

Legal language often archaic; reason: laws,

notably civil laws, often remain in force for

decades, sometimes centuries; terms of these
laws remain in use, in spite of being oldfashioned
Ossification of legal language negative from
the standpoint of understanding it; positive
from the standpoint of preserving the cultural
heritage

6.1. Preserving the linguistic heritage

The conservative nature of legal language

allows a clearer view of linguistic evolution

than ordinary language
Grammar, vocabulary and style of former
epochs live on in legal language
Foreign influences
Legal language shows the factors forming a
countrys linguistic culture over different
epochs

6.1. Preserving the linguistic heritage

The archaic character of legal language

symbolises the uninterrupted continuity of a

countrys culture, and links the present to the
past

6.2. Developing the language

Legal language important from the standpoint

of ordinary language
Middle Ages rules of orthography of the written
language often set by the language of public
offices and courts of law, representing the
countrys central power
France: the royal chancellery and the parlements
greatly contributed to establishing the grammar
and vocabulary of the French language;
legislative style influenced the style of ordinary
language

6.2. Developing the language

Legislative language spreads neologisms into

ordinary language; after a new term is

adopted into a law, all public offices and
courts use the term, so it rapidly appears in
thousands of documents read by citizens; it
may later acquire a meaning going beyond
the borders of legal usage

6.2. Developing the language

Efforts should be made to improve the quality

of legal language, by keeping in mind the

value of this language from the standpoint of
linguistic culture

Tensions between Cultural Heritage

and Democracy: Legal Greek
Evolution of Greek: written use goes back to

15th c. B.C.
Spoken language changes over time
In Greece, a variant based on classical Greek
used as a written language
With the war of liberation against Turkey in
19th c. the need to create a modern national
language

Legal Greek
Kathaverusa, based on a purified form of

the spoken language, created; different from

spoken language; complicated system of
writing
Some writers began to use a variant based
directly on the spoken language: Dimotiki,
Demotic Greek
1970s: fierce struggles between Kathaverusa
and Dimotiki

Transition to Demotic in
Practical Lawyering
Kathaverusa legal language of Greek after

independence
Documents drawn up in Demotic considered
void by courts
Constitution, major codes translated into
Demotic
After 1967 Kathaverusa reached its peak; the
military government backed up this variant;
with the fall of the military government, the
position of Kathaverusa weakened

Transition to Demotic in
Practical Lawyering
1975 Constitution no provisions on the

official language
Supporters of Demotic linked the use of
Demotic to the principles of equality
The use of Demotic spread in courts and
legislation

Conclusion
The objective according to which the written

language should be developed towards the

spoken language in order to advance
democracy and ensure its comprehension
may come into collision with values
underlining the importance of linguistic
heritage which should be preserved
Another example: bokml (written language)
and nyorsk (new Norwegian) in Norway:
rivalry still in progress