Characteristics Of Penal Law

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I. THEORETICAL ASPECTS AND FRAMEWORK OF PENAL LAW TEXTS

1.1. The general characteristics of penal language defining penal law terminology Penal law terminology is a specific language within a language, used by legal professionals, where a good expertise of ordinary knowledge of the language does not necessarily make one proficient in penal linguistic domain. Words, phrases and expressions are in a continuous state of development. In a short period of time a word might be used contrarily and have a contrary meaning to the way it had previously been used. Why does it occur? There are many reasons; penal law language is the language of many different countries, and legal usage and practice have developed differently in each country. This
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In this sense, the common law system of jurisprudence means the whole system of law, including case law, statutes, codes and equity, which originated in England and was later adapted and applied in the US and countries of the former English Commonwealth. Contrary to this, the civil law of France and other European countries has its origins from Roman Justinian Law.
- The "common law" may also mean the law common to the entire jurisdiction as opposed to local or customary law. This expression of common law includes statutes, case law and equity. The origin of this "common law" was the law administered by the courts in England, the law of the monarch, common to the whole realm.
- It may also mean "case law" i.e. judge made law as opposed to statutory
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However, the majority of people in England did not speak French. To resolve this problem, it became regular for the parties involved in trial to employ all three languages, Latin, French and English in the penal process and administration of justice. In penal disputes, the ‘plaintiff’ and the ‘defendant’ would present their cases and bring their evidence in English. The instance would be argued, tried and judgment translated in French and then conveyed to the outside world in Latin. Lastly, the record of the court proceedings and pronouncement in French would have to be rendered back into English in order to apprise the parties of the outcome. As the law progressed, so did the languages integrating penal expressions in all three languages, all in dynamic use at that time. This was done for accuracy, clarity and prominence and in the generally bilingual fashion of the time, synonyms were joined to produce tautologies with French and English words combined to certify understanding, and important expressions were translated directly from the Latin or French into English, producing loan
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