Publications
Publication details [#67366]
Azuelos-Atias, Sol. 2018. Making legal language clear to legal laypersons . In Kryk-Kastovsky, Barbara and Dennis Kurzon, eds. Legal Pragmatics. (Pragmatics & Beyond New Series 288). John Benjamins. pp. 101–116.
Publication type
Article in book
Publication language
English
Keywords
Language as a subject
Annotation
It is widely accepted that the legal sub-language – the language of the written
law, court discussions, and legal documents – needs rephrasing in order to make
it understandable to legal laypersons. Adler (2012) holds that this is possible:
legal texts can be rephrased in plain language (rather than in “legalese”). The
features that need rephrasing in order to make the legal language understandable
to legal laypersons concern both the rich technical vocabulary of the legal
sub-language and its syntactic complexity. There is, moreover, a third feature that
makes the legal sub-language impenetrable for laypersons – implicit intertextual
and interdiscursive links. It is the combination of these three features – the rich
technical vocabulary, the syntactic complexity, and implicit intertextuality (intertextual
links presented without lucid reference to their explanations) – that
makes the legal sub-language impenetrable.
The legal sub-language is, naturally, the language used by legal experts in order to communicate with one another. Obviously, legal experts are supposed
to know the relevant legal background knowledge of legal texts they work with;
therefore, like other human communicators, authors of legal texts imply legal
background knowledge, including the background knowledge relevant to their
messages, rather than present it explicitly. The point of this analysis is that it is
this implied professional knowledge which makes it hard for legal laypersons to
understand legal texts.