Cao adds the per formative nature of legal language in general and represents per formative nature of legal language in particular. It is an action in using language . One uses words for not only speaking but also doing things. Language of law can be acted as in giving rights and permissions. Legal speech acts are divided into (a)representative (b)co missives(c)expressive (d)declarative (e) directive. Thus, per formative nature of language is necessary to achieve the purpose of law in arranging the human behavior and society.
Cao supposes that there is differences between legal language as a register and the variety of language use of the technical nature. Although legal language shares the common core of general
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They are legal vocabulary used to clarify the meanings that are internal within the lexicon itself . There are subtypes of legal vocabulary named as purely technical terms , semi technical mixed terms and everyday vocabulary. Here it may be found that El Farahty and Cao share the same view about the legal language. Both believe that legal language has the specific features that make legal language have the technical nature and lexical feature is one of these features.
Hanem El farahty represents the thought of Alcarza Varo and Hughes in the use of archaic terms in legal English texts. They define archaism as an old and antiquated words . These terms are considered as old and middle English. For instance, said, thereby, hereby , aforesaid…… etc. These adverbs indicate to part or whole of legal document. El farahty adds that the use of archaic terms differs from one legal text type than another. For example, such archaic terms are seldom used in the modern legal documents and in international law documents such as those of the UN. But they are used in private documents such as contracts , agreements and certificates. Jose Febrero emphasizes on using the archaic terms in legal documents . He asserts that archaism makes legal language more formal .For example, duly, deem,
Pursuant to Md. Code (1984, 2014 Repl. Vol., 2015 Suppl.), § 10-222(h)(3) of the State Government Article (“SG”), we may only reverse or modify the decision of an administrative agency if that decision is: (i) unconstitutional; (ii) exceeds the statutory authority or jurisdiction of the final decision maker; (iii) results from an unlawful procedure; (iv) is affected by any other error of law; (v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or (vi) is arbitrary or capricious. SG § 10-222(h)(3). “‘On appellate review of the decision of an administrative agency, this Court reviews the agency’s decision, not the circuit court’s decision.’” Long Green Valley Ass’n v. Prigel Family Creamery, 206 Md. App. 264, 273 (2012) (quoting Halici v. City of Gaithersburg, 180 Md.
In ““English Only” Laws Divide and Demean” Warren J. Blumenfeld discusses the laws that make the official language in the United States English, only. His purpose is to persuade the reader to sign the petition he created which is directed to the Iowa House of Representatives and more to abolish the “English only”. Although Blumenfeld does an exceptional job appealing to the emotions of his audience by using personal stories, he does a poor job presenting evidence and facts to persuade the reader to agree with him. Blumenfeld may have personal credentials, but he does not have many source credentials, also, he does not provide counter arguments for the arguments that are made against his.
My rhetorical situation for this argument is to bring to light the corruption of the Michigan Judicial system, focused more on Sobriety Court. My audience is directed towards students and instructors at NMC. My stance is that the Sobriety Court system needs to be more supportive to their partakers. My context is derived from a personal experience with my topic.
The English Only movement has been around for a long time, but it has been overlooked by most. Most Americans speak English from the moment they learned to talk; many others learn English as a second language. For this reason, many Americans oppose to the existence of non-English languages being spoken in the United States. In Warren J. Blumenfeld’s essay “‘English Only’ Laws Divide and Demean”, the author speaks about the “English Only” Movement and how people who support and oppose it feel towards this situation. He uses rhetorical appeals such as ethos, logos, and pathos in order to make people understand the severity of the situation and for the writing to have an effect on its readers.
Graduates of ABA-accredited universities cannot practice law in the state until passing the Florida Bar examination and becoming licensed. And despite those eligibility requirements remaining incomplete for several years and as previously discussed, the Florida Board of Bar Examiners advises first-year law students complete a student registration early in their first year of law school. The Board, a judicial arm of the Supreme Court of Florida conducts matters of bar admission, offers a special student registration to first-year law students through its Registrant Bar Application at a substantial fee reduction. If postponed, applicants henceforth delay the required background investigation, eventually incur higher registration fees and just might exclude themselves from eligibility for externship programs during their tenure at the college. Delayed long enough and scheduling the bar examination itself also comes into question.
For example on defense are terms would switch, like if we said Boston, hawk or gunner the defensive players knew how to change their assignment we also had different terminology for offense and special teams. This sort of language or acquired lexis was specific to this particular team and group of players. This example is indicative to swales fifth and six rule of owning a specific lexis with a suitable level of
Ethics is described as the moral believes by which a person will conduct a specific activity. It is these moral believes between the client and legal professional that need to agree to decide the outcome of the case. This essay will handle with legal ethics regarding to being a fit and proper person, the clients needs, professional conduct, professional responsibility and the legal system in South Africa. Before being admitted as a legal professional a person needs to be regarded as being a fit and proper person to practice the noble and precise field of law. The requirement of being fit and proper is seen as one of the most important characteristics of the legal profession but is not to be found in legislation nor is it defined.
Along with this, Orwell openly portrays his anger revolving around the destruction of the English Language. In prior writings, Orwell displays his disgust at the evolution of language and his unhappiness in the migration of shorter, unexaggerated sentences to the lengthy wording of simple phrases. In Orwell's writing titled “Politics and the English Language,” he states “no modern writer of the kind I am discussing- no one capable of using phrases like “objective consideration of contemporary phenomena”- would ever tabulate his thoughts in that precise and detailed way,” a passage which thoroughly depicts Orwells contempt of modern writers. By incorporating Old English language into his writings, Orwell subtly displays his unrest with the modernization of our language.
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
Legislation, in other words, deals with the body of rules and principles which are used to construct the correct meaning of legislative provisions to be applied in practical situations. The use of these principles/rules is necessary for the following reasons: the written and spoken words are imperfect renderings of human thoughts in the case of legislation, the courts are obliged to use specific rules of interpretation to construe its meaning. . The orthodox text-based
As the law have definite rules and abstracts, the application of such rules and structure can be ineffectively applied which requires the ultimate result to reach. In addition, such structures are difficult to be applied in every situation and thus, it is important to understand the situation and the means of structure where it can provide the complete solution to the problem. It also involves the articulation of complex facts which are also tricky to understand. Advantages – it provides the understanding to view the person as an active agent and also promotes the idea of self-responsibility. The humanistic approach also enables the professional to work on the subjective experiences of an individual.
Very few of words are surviving now a day. Example: Mann (man), Wif (woman), Hus (house), mete (meat), waell (wall) etc. These words actually give a true evidence of Old English surviving in Modern world.
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.
Because of that, each community in the society has their own language and variety in having their communication. According to (Ivas Peter, 1995:80) state, that sociolinguistics is the science that studies of characteristic and function of the language variety the relationship between language with the characteristic and function in the language society. In communication in the society, there are many language variations such as register, slang, jargon, dialect, and socialist. Jargon /ˈdʒɑːɡ(ə)n/is one of the language variations in sociolinguistics and special words or expressions used by a profession or group that are difficult for others to understand (oxford dictionary). Jargon is the special language that used in the certain field in the society.