Law and English Language

Maharashtra National Law University, Aurangabad · LL.B. Semester 4

Unit I — Introduction to Legal English

History and Evolution of English Language, Historical Development of Legal English, Sources of Legal English, ‘Legal Language’ as Linguistic Variety.

Unit II — The move towards modern English in Legal Drafting

What Influences the Legal Drafter, Characteristics of Legalese and Traditional Legal Writing, Plain English Movement, Benefits of Drafting in Plain English, What judges have said about plain English.

Unit III — What to Avoid When Drafting Modern Documents

Wordiness and redundancy, Overuse of ‘shall’, Obscure language, Unusual word order, Archaisms, Frequently litigated words and phrases, Foreign words and phrases, Legalese and jargon, Peculiar linguistic conventions, Nouns instead of verbs, Overuse of the passive, Overuse of capitals, Provisos.

Unit IV — Basic Standards of Legal Writing

Punctuation, Dates, Numbers, and Citations, Document structure, layout, and design, Lists, Definitions, Pronouns, Inclusive language, Problems with ‘and’, ‘or’, and Drafting in the present tense.

Unit V — Elements of Effective Writing

Avoiding Grammatical Pitfalls, Clarity, Consistency, Effectiveness, Style and Substance, Word and Context.

Unit VI — Principles for Effective Writing

Principles for All Legal Writing, Framing Your Thoughts, Phrasing Your Sentences, Choosing Your Words, Principles for Analytical and Persuasive Writing, Principles Mainly for Legal Drafting

Unit VII — Legal Vocabulary

One Word Substitution. Commonly confusing words. Phrasal verbs used in legal English. Obscure words and phrases used in business contracts. Foreign Words and Phrases. Legal terminology. Legal Maxims & Foreign terms used in law.

Unit VIII — Law, Language, and Literature: Important Articles

James Boyd White, Law & Literature: Case Study Approach, Before the Law – Franz Kafka, An Imperial Message – Franz Kafka.