- 上一篇：艾丽丝•沃克《紫色》的生态女性主义解读
- 下一篇：《欲望都市》中的女性语言分析
II. The lexical Features of Legal Language
2.1 Technical Terms
In the area of words technicality is strongly marked．(Gibbons，2003：39)The formalness of legal English is mainly achieved by the mean of technical terms. As a formal variant of language，legal English is characteristic of the use of terms of art. The following are some technical terms that are of most frequent use in legal English: alias summons, alibi, a micas curiae, appeal, bail, certiorari, common counts comparative,negligence,contributory,negligence,defendant,demurrer,drytrust,eminent domain, esparto, felony, dahabeahs corpus．From the above examples，a conclusion can be safely drawn：terms of art in legal English mainly consist of loan words and some other formal words．Technical terms are not necessarily jargons，which tends to have a negative connotation．The phrase terms of art and jargon are closely related, and linguists often use them interchangeably. But jargons have the connotation of a language of communication within the group, especially lawyer’s shop talk, whether or not designed to exclude the stranger and seldom appears in legal writing. In this sense, terms of art in legal English are not the same as jargons. The use of jargon has been specifically discussed in this dissertation as a very distinct stylistic feature of legal English. Although legal jargons make conversation become difficult to understand for common people, and increase fees to heir layers as a translator, it also insures the accuracy and authority of legal documents and conveniently serves as a specialized language for legislation. Furthermore, as a colloquial expression, legal slang is beyond the sphere of this dissertation．
2.2 Common Words With Uncommon Meanings
Geoffrey Leech suggested that words can be pided into three kinds according to their stylistic meaning：common words, formal words and informal words. Words used on any occasion are called common words. Common words are the basic word of the English vocabulary. The purpose of using common words with legal meanings is to make legal documents more readable to the public, and the legal meanings usually pes from their original meanings to ensure people could guess or understand them correctly in Legal English. The basic lexicon consists of three types “common words，legal terms and quasi-1egal terms”. Quasi-legal words refer to those common words which are used in specialized style．In this situation，they are used not for their common meaning, but for their special meaning. Just as any other field of ESP (English for special Purposes) can form its own words by some common words. A great number of common words are employed in Legal English，but with uncommon meanings, which is one of the important factors that help create the wide gap between legal English and the common speech of English. By this, we mean that a lot of words that are used in legal writings may mean one thing to the non-lawyers but may mean something completely different to lawyers. That is the reason for which lots of people can’t understand them although at the first glance they are just some familiar words .In a word，the resources of everyday language ,the basic word stock of the English, are used to express the complex concept of law. Look at the following examples: Whereas a proposal to effect with the society an assurance on the cargo Insured named in the schedule here to has been duty made and signed as a basis of such assurance and a declaration has been made agreeing that this policy shall be subject to the Society's Registered Rules(which shall be deemed to form part of this policy)to the Table of Insurance printed here on and to the terms and conditions of the said Table and that the date of entrance stated hereon shall be deemed to be the date of this contract and such proposal has been accepted by the society on the conditions as set forth in the proposal．Society commonly means “social community” (Hamby, AS．1978)，here it refers “the Insurance Company”. Appear commonly means “to start to be seen or to suddenly be seen”，but obviously in the following sentence，it means differently：The plaintiff and the defendant appeared before the court .In that case ,of course, lawyers do appear in court, and for many this is the most exciting and spectacular part of legal work．In the above examples, appear means differently from its original meaning, instead it means “to be present in a court of law for a trial”, What’s more , Schedule is generally known as “a plan of what someone is gong to do and when they are going to do it or a list that shows the times that buses，trains cave or arrive at a particular place”．While in the passage，it means “the explanatory form attached to the Insurance policy.’’ Rule usually means “law or custom which guides or controls behavior or action；decision made by an organization, at must or must not be done”. In the legal ,it means “the registered instructions or conditions in the Insurance Policy which have legal force”．So, we can know that according to the examples common words have uncommon meanings in legal English.