CAHAPTER TWO
LEGALESE, ITS CHARACTERISTIK AND PLAIN LANGUAGE
I. Background
Law is a tool to create an public order formulating through language. Related to this, Sutan Takadir Ali Sahbana has said “whether language or law is explanation of the human life”. Law is realization of culture comply with the space and time. Language and law are interrelated, and affect each other. Both, law and language are deemed as realization of society and culture, and conversely, both society and culture are affected by law and language.[1]
As a part of language, legal language is a tool of communication too. Legal language has own characteristic or uniqueness itself. It has meaning and terms which different from ordinary meaning.[2] In addition, often, law rules are formulated with the long sentences, and often repeatedly.[3] Therefore, to understand the legal language is important for the jurists and students or professionals in the field of law, both in national and foreign legal language is important too. The understanding of foreign legal language is important as a tool to know and understand the foreign law in all types including documents, instruments and writings in the foreign law.[4] Thus, if we will know the law with English or international law for example, we must understand English, especially Legal English. This is more importance, since to understand either legal language in general[5] and legal English is difficult. Their sentence structures, vocabularies and dictionaries might be difference from the other disciplines cause the difficulties in understanding both national and foreign (English) legal language.
Legal language has various terms of art and technical terms, argot, and jargon. Even, it has grammar that may be different from the grammar in general. It often use the word or words may be its or their meaning are different from its or their ordinary meaning.[6] In legal documents we find the lawyers prefer to use the words ‘employ’ or ‘utilize’ than ‘use’, ‘communicate’ than ‘send’. The lawyers prefer use idiom or multiple words than the single words to refer the same thinks. The words like: in order to, with respect to, at the later date, until such time as, in the event that, prior to, subsequent to, on a regular basis more often to be used than: to, about, later, until, if, before, after, regularly. the lawyers and jurists often use archaic and foreign words especially French and Latin.
Parallel to this, Peter Tiersma classified legal English as “the relatively new term sub-language. As the sublanguage it has its own specialized grammar, a limited subject-matter, contains lexical, syntactic and semantic restrictions, and allows “deviant” rules of grammar that are not acceptable in the standard language. It takes place as a result of a complex collection of linguistic habits that have developed over many centuries and the lawyers have learned to use quite strategically.[7]
II. Legalese
Since the lawyers and the legal experts tradition in writing and drafting legal in particular and legal works in general as articles, text books, legal language pejoratively is called as legalese.[8] Legalese is a writing style or model used by lawyers that ununderstood by the ordinary readers.[9] Therefore, the Legal English Club (LEC) states that the legalese is the tradition in legal language containing the statements fulfilled by statements that difficult to be understood by their native speakers. It is often used in contract, contain the needless statements but to show this document is the legal one..[10] Legalese impedes the communication of the lawyers and their clients, and often to be a joke,[11] as stated by Cheryl Stephen: “legalese was once defined as ‘the language of lawyers that they would not otherwise use in ordinary communication but for the fact that they are lawyers might be used in drafting a contract or a pleading but would not used in conversation with his wife’. The definition should, of course, add “or her husband”.[12]
The legalese model in legal writing is used not only by lawyers but also by many bureaucrats of public service industries, local councils, banks, building societies, insurance companies and government departments[13]. We have learned to accept an official style of writing that is inefficient and often unfriendly.
Many expression used to aggravate the legal English.[14] It is wordy, unclear, and pompous. Tiersma, for-example, shown the will as an example. He stated that the awkward of will begins from it title, namely “Last Will and Testament”. For him, no difference between a will and testament. To mention one of them is enough….[15]
The bad images of legal language is indicated by using:[16]
1. Techincal terminology excessively …;
2. archaic, formal, and unsusul or difficult vocabularies: said/aforesaid, hereafter, aforementioned, hereby, herewith, inter alia, pursuant to;
3. impersonal construction: accused person, defendant, claimant etc.
4. wordiness or inelegant writing: until such time (until), in the event that (if), prior to (before), subsequent to (after), on a regular basis (regularly), as a consequence of (because);
5. nominalization: the injury occurred;
6. passive construction: the girl was injured
7. multiple negation: innocent misrecollection is not uncommon;
8. long and complex sentence: often use a hundreds of word);
9. wordiness and redundancy: I give, device, and bequeath the rest, residue and reminder of my estate…
These are supported by the facts as follows.[17]
- Legalese uses grammar and the awkward structure of sentences. It is inclined to use the inaccurate punctuations, the passive voices, and the awkward expression; .
- It uses turgid and impersonal words;
- It uses many archaic vocabularies:
- It uses jargon excessively without definition needed by the layperson;
- It has the terms of legal arts which stated by Professor Robert Benson must be explained; for him, there are more and less one hundred of the terms of legal arts that must be explained if they used to the laypersons;
- It uses the ordinary words with the difference meaning from the common meaning without formulating their particular meaning;
- It is inclined to use foreign word, especially French and Latin.
Legalese is used in legal documents for some reason, namely:[18]
· In the beginning law was written in Latin or French, and much of the common terms remain to be used;
· The drafter was paid more based on the words, not the works;
· The drafter preferred to use the testable clauses than alternative languages;
· Many laws in the early was written by the clerk of court has no enough knoledge in law, not by educated lawyers.
The lawyers continue to use legalese for usage, clumsy, fear on changing, ready forms, legal certainty ideas, and lack of skill.[19]
III. Characteristic of legal English
Legal English has its characteristics itself. These include their words, phrases, and sentences. Their words, phrases and sentences are often different from those in general.
1. Words
Legal English often use the words with the different meaning from their common meaning. They may be indicated in a list below:
| No. | Words | Common Meaning | Law Field | Meaning |
| 1. | Stock | Cadangan | Business law | Saham |
| 2. | Sentence | Kalimat | Criminal law | Hukuman |
| 3. | Act | Perbuatan | Constitutional Law | Undang-undang |
| 4. | Action | Tindakan | Procedural Law | Gugatan |
| 5. | Consideration | pertimbangan | Private Law | Prestasi |
| 7. | Exercise | Latihan, olah Raga | Constitutional Law | Melaksanakan |
| 8. | Issue | Masalah, persoalan | Business law | Menerbitkan |
| 9. | Security (ies) | keamanan | Business law | Surat berharga |
| 10. | Service | Layanan, jasa | Administrative Law | Dinas |
Both the people without background in law and the professional in law have difficulties to understand these word. In addition, in legal writing whether legal scientific writings or legal documents and instruments is used superfluous words, like: in order to, in the event that, subsequent to, prior to, despite the fact that, because of the fact that, owing to the fact that. These may be replaced respectively with the simpler words with: to, if. After, before, although, because (since), because (since), and because (since) respectively.[20] The group of word creating a phrase called as "shotgunning" cause difficulty to understand them,[21], for-example:
The nice, beautiful, slender, born in Rasa Nae, 1955, living in Karang Jangkong, teaching insurance law lecturer.
In legal English, the lawyers prefer to use the words might be unknown by the layperson. They prefer use purchase than buy, terminate than end, employ than use etc. The sentences like: “the Local Government entitles to buy …% of the Newmont shares”, and “the contracting parties agree to end their contract” are easier to be understood than “the Local Government entitles to purchase …% of the Newmont shares”, and “the contracting parties agree to terminate their contract”. The lawyers often use words from foreign languages especially Latin and French. The words like mandamus, certiorari (names of writs), and versus, ex rel., (terminology for case names) are Latin; and some of characteristics of Law French may be found in legal English like addition of initial e to words like squire, creating esquire; adjectives following nouns (attorney general); simplification of the French verb system, so that all verbs eventually ended in -er, as in demurrer or waiver; and a large amount of technical vocabulary, including many of the most basic words in English legal system.[22] Law French eventually was reduced to around 1000 words, forcing lawyers to add English words to their French texts with abandon. A notorious example is the "brickbat" case from 1631.[23] They use some words also for something that enough with one word, like “null and void”, and “terms and condition” translated in Indonesia Legal Language with “batal”, dan “syarat”. For these we can replace them with “void” and “conditions”.
Besides the negative characteristic of the lawyers in using words arbitrarily, they have positive characteristic too. They have skill to choose the words under their fields. They differentiate the use of words to do or to execute or to implement in the constitutional, contract, and criminal law with exercise, commit, and perform. Thus, in constitutional law, we can state that “the governments responsible for exercising their functions”; in criminal law, we can say that “everyone may be brought into the justice for committing a criminal act”; and in contract law we can write that “the contracting parties must perform their contract”. They differentiate the use phrases of responsibility and liability. So, we find phrases “criminal responsibility”, and “government responsibility” in criminal law and constitutional law; and “relative liability, absolute liability, and strict liability” in aviation law.
The lawyers creating legal terms creatively. To create legal terms, they use participle form either in present or past; suffix ee or ant; and prefix or and er. The words “accused”, “suspected”, and “ruled” translated into Indonesia Legal Language respectively with “terdakwa”, “tersangka”, dan “rakyat” are the participial in past form. The phrases “the ruling class”, “the contracting parties”, and “the protecting power” translated into Indonesia Legal Language respectively with “golongan penguasa”, “pihak-pihak yang berkontrak”, dan “Negara Pelindung” are participial in present form. The legal terms “the ruler”, “the lecturer”, and “the employer” translated into Indonesia Legal Language respectively with “penguasa”, “dosen”, dan “majikan” were created by adding the suffix “er” to nouns “rule”, “lecture”, and verb “employ”. The legal terns “dictator”, “guarantor”, “governor” translated into Indonesia Legal Language respectively with “diktator”, “penjamin”, dan “gubernur” are legal terns created by adding the suffix “or” to verbs “dictate”, “guarantee”, and “govern”. The words “detainee”, “employee”, and “lessee” translated into Indonesia Legal Language respectively with “tahanan”, “pekerja” dan “pembeli sewa (penyewa?)” are legal terms created by adding the suffix “ee”; and “defendant”, “claimant”, and “applicant” translated into Indonesia Legal Language respectively with “tergugat”, “pengklaim?”, and “pemohon” are legal terms created by adding the suffix “ant” to verbs “defend”, “claim”, and “apply”.
2. Phrases
A phrase is a set of word that has no subject and predicate (verb). Therefore, the group of this word are not qualified as a sentence. There are some phrases in English, one of them is noun phrase. This phrase minimally has two words, namely those functioning as: (a) adjective and (b) noun. The adjective precedes the noun, and has function as modifier of noun. It may be the true adjective, participial, even the noun itself. The words “criminal”, “crimes”, “trade”, “contract”, “marriage”, and “land” are nouns having function as adjective in phrases “the criminal law”, “the war crimes”, “the trade law”, “the contract law”, “the marriage law”, and “the land warfare”. Phrases “the contracting parties”, “the existing law”, “the established rules”, “accused person” use participial as their adjectives; and “bad behavior”, “the fair decision”, “the honest judge” use the true adjective in these phrases.
Although in the noun phrases, noun must be preceded by the adjective, the legal English often use the departing structure. The comparative law, the attorney general, the notary public, and secretary-general translated into Indonesia Legal language as perbandingan hukum, notaris public, dan sekretaris umum are the example of these.
The use of conjoin phrases, namely by mixing some phrases cause their phrases long even very long. The coordinating conjunctions like and, and or may be used to mix this phrases.[24] Conjoining words is still extremely common in legal language. One reason for such lists of words is to be as comprehensive as possible.[25]
Below, four examples on the long paragraph cited from several law books, namey:
1) Stock markets, through secondary trading, are markets for corporate control as well as sources of new finance through initial public offerings (IPOs).[26]
2) It is important to study, learn, and reflect upon the history of the prohibition of interest from the original teachings of Moses (pp) in the Torah (Jewish Bible) and the teachings of Jesus (pp) in the Christian Bible with an eye toward how these attitudes developed into the more relaxed practices of today.[27]
3) The contract is interpreted in the light of implied principles of reasonableness, good faith or fair dealing (in different degrees in the respective national systems), thus permitting to avoid unjust solutions that might be based on a literal interpretation of the contract.[28]
4) However, the reference to this or other justifications for the flexibility of procedures seems somewhat less accountable or predictable than in the field of substantive law.[29]
The long paragraph of the each sentence are:
a. markets for corporate control as well as sources of new finance through initial public offerings (IPOs).
b. the history of the prohibition of interest from the original teachings of Moses (pp) in the Torah (Jewish Bible) and the teachings of Jesus (pp) in the Christian Bible with an eye toward how these…
c. in the light of implied principles of reasonableness, good faith or fair dealing (in different degrees in the respective national systems)
d. somewhat less accountable or predictable than in the field of substantive law.
3. Sentences
A sentence is a group of words at least consist of subject and predicate. Legal language including legal English often contain long even very long sentences. This is caused by preoccupation of the lawyers to join some simple sentences to be a sentence, namely compound sentence, complex sentence, or mixing of the complex and compound sentence. Below I give some samples.
1) This is expressed in the equitable maxim that where there is a wrong there is a remedy, a maxim which is equally supported by the civil law doctrine of bona fide.[30]
Although this sentence does not very long, it consists of three sentences, namely:
- This is expressed in the equitable maxim.
- Where there is a wrong there is a remedy.
- A maxim which is equally supported by the civil law doctrine of bona fide.
These sentences enjoin by relative pronoun that, and an adjective clause a maxim which is equally supported by the civil law doctrine of bona fide as a complex sentence.
2) We’re bound to have many preconceived opinions that keep us from knowledge of the truth, because in our infancy, before we had the full use of our reason, we made all sorts of judgments about things presented to our senses.[31]
This sentence is longer than the first one. It is mix of compound sentece and complex sentences, consist of four sentences with 40 words. These sentences are:
- We’re bound to have many preconceived opinions.
- that keep us from knowledge of the truth.
- because in our infancy, ..., we made all sorts of judgments about things presented to our senses.
- before we had the full use of our reason.
3) No judge shall issue such certificate until he is satisfied from his personal knowledge that the applicant possesses the qualifications necessary to a proper discharge of the duties of the office, or until the applicant has passed an examination under such rules and regulations as the judge may prescribe.[32]
This sentence consist of 49 words, enjoining compound sentences and complex sentences consisting of four sentences, namely:
- No judge shall issue such certificate.
- until he is satisfied from his personal knowledge.
- that the applicant possesses the qualifications necessary to a proper discharge of the duties of the office
- or until the applicant has passed an examination under such rules and regulations as the judge may prescribe.
4) Before the appointment of notary public is made the applicant shall produce to the governor a certificate from a judge of the common pleas court, court of appeals, or supreme court, that he is of good moral character, a citizen of the county in which he resides, and, if it is the fact, that the applicant is an attorney at law qualified and admitted to practice in this state, and possessed of sufficient qualifications and ability to discharge the duties of the office of notary public.[33]
This sentnce is a complicated one with very long words (86 words), enjoining complex sentences and compound sentences consisting of six sentences. These are: a. Before the appointment of notary public is made.
b. The applicant shall produce to the governor a certificate from a judge of the common pleas court, court of appeals, or supreme court.
c. A citizen of the county in which he resides.
d. And, if it is the fact.
e. that the applicant is an attorney at law qualified and admitted to practice in this state.
f. and (the applicant) possessed of sufficient qualifications and ability to discharge the duties of the office of notary public.
4. Terms of art and technical terms
Both terms of art and technical terms are intended to avoid uncertainty and to help in writing either legal documents, instruments, or legal writing in genenal includeing, articles, papers even dissertations.
The technical legal terms may be found in the general provisions of legal documents or legal instruments. To avoid repetition in the bodies of documents and instruments as well as to help the users or the justiables of these are the purposes of puting them at the general provisions of the legal documents or instruments. Below, I gives some examples cited from the international legal instruments.
a. Article 1 International Convention for the Suppression of the Financing of Terrorism[34] states that: “For the purposes of this Convention:
1) A funds means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit.
2) A State or governmental facility means any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.
3) A Proceeds means any funds derived from or obtained, directly or indirectly, through the commission of an offence set forth in article 2.
b. Article 1[35]: Use of terms and scope states that:
1. For the purposes of this Convention:
(1) "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction;
(2) "Authority" means the International Seabed Authority;
(3) "activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area;
(4) "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;
(5) (a) "dumping" means: ...
2. (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force.
Compare to the technical legal terms may be found in the general provisions of legal documents or legal instruments, the legal terms of art may be found both in legal dictionaries and legal encyclopedies. Some examples indicate these respects.
a. automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.[36]
b. AB INTESTAT. An heir, ab intestat, is one on whom the law casts the inheritance or estate of a person who dies intestate.[37]
c. credit card n. (plastic) card from a bank authorising the purchasing of goods on credit.[38]
d. checks and balances a system where power is kept in control and balance between the various branches of government.[39]
e. adjustable rate preferred stock, ..., noun a preference shares on which dividends are paid in line with the interest rate on Treasury bills. Abbreviation ARPS.[40]
IV. Plain Language
1. Back ground
Legalese has left a bad image on the lawyers and the law experts in Common Law tradition. To eliminate this image both in America and United Kingdom has appeared a movement, namely the Plain Language Movement. This movements has developped speedily in United States. In an article of the Michigan Bar Journal, edited by Joseph Kimble, a Head of the Plain English A & C Black _ London Subcommittee of the Publications and Website Advisory Committee of the Michigan Bar Journal. Related to this statement he said: “We seek to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese”[41]
Plain language is designed to eliminate or limit the use of codes and acronyms, as appropriate,[42] in conducting this, plain language replaces coded substitutions with common terminology and definitions that can be understood by individuals from all responder disciplines and across jurisdictions.[43] By using plain language . the document easier to understand since the orderly and clear presentation of complex information may be assured so that readers have the best possible chance of understanding it. [44]
2. What is Plain language
Plain Language is defined as: communication that can be understood by the intended audience and meets the purpose of the communicator.[45] It is written communication that is clear, concise, user-friendly, and organized with the reader in mind. It highlights key messages and is written in the more personal, active voice, uses words that are familiar to most adults, including those with limited literacy. Its tone is informal, friendly, and conversational. Plain language is straight-forward, precise, and easy to read and understand.[46]
Plain Language is defined as: communication that can be understood by the intended audience and meets the purpose of the communicator.[47] It can be done by using normally used words and phrases, namely avoiding the use of different words/phrases for similar concepts—to ensure consistency…. [48] Using plain language does not mean deleting complex information to make the document easier to understand. For readers to make informed decisions, documents must impart complex information. Using plain English assures the orderly and clear presentation of complex information making readers have the best possible chance of understanding it.[49] Plain English means analyzing and deciding what information readers need to make informed decisions, before words, sentences, or paragraphs are considered. A plain English document uses words economically and at a level the audience can understand. Its sentence structure is tight. Its tone is welcoming and direct. Its design is visually appealing. A plain English document is easy to read and looks like it's meant to be read.[50]
3. The advantages of plain language
Plain language improves everybody’s access to information, from those with limited literacy to those who are highly literate. It strips away the feeling that readers can only understand the document if they already know the language and culture of the writer. Plain language strives to be jargon-free and to avoid advanced vocabulary that only well-educated adults understand. When legal, technical, or high-level words are absolutely necessary, they are explained right next to the word with an example or analogy to clarify. For example, a phrase commonly used in health insurance materials is “in-network providers.” People who are in the health care industry know that this means a group of doctors, nurses, and hospitals who work with a particular health plan. This may not seem like jargon to those who regularly use the term, but it may be unfamiliar to your audience. Instead of referring to in-network providers, you might say “providers in your health plan.”[51]
The advantages of plain English are: (a) it is faster to write; (b) · it is faster to read; and (c) · you get your message across more often, more easily and in a friendlier way.[52]
To make legal writing easy to undesrtand, the supporters of the plain language movement acsentuate the use of words, and sentences which easy to understand.
a. words
The supporters of plain language motivate the lawyers to use the simple and familiar words.[53] These words, as Thomas E. Spahn and McGuireWoods LLP stated may be found at a that we must have when we write and edit.[54] To make the information from the sentences, the supporters of plain language stress the need to use strong verb.[55]
In addition to the need to use the simple and familiar words, they states the words that must be avoided. These words as stated by Thomas E. Spahn and McGuireWoods LLP includes:[56]
1) Words You Should Never Use
2) "Intelligent" Words
3) litter words
1) Words You Should Never Use
Do not use the words which one author labels them as the words "professional Pig Latin." These words include: said, aforementioned, hereinafter, wheresoever. Only an idiot using these words in everyday conversation, and therefore have no excuse for using them in writing. Likewise, using appropriate words which combine into pairs ust be left. Using these double words does not add to your writing's content – almost without exception one or the other word would suffice.
2) "Intelligent" Words
The words must be avoided too are those used by lawyer to make themselves sound intelligent. Here are some of these words, with a translation into everyday language. They include: subsequent to, prior to, proceed, purchase. The must be converted by: after, before, go and buy respectively. We know this intelegent words, if we shy to use them in normal converstations. For-example we would not say "Prior to seeing the movie, let us proceed to dinner."
3) Litter words
This words must be avoided since they are the useless words. To identify them, look for small words, such as: of, in, on, for, to, the, that. The most dangerous of these "litter" words travel in packs. They form phrases that clog your writing and make it much more difficult to read. ... If we see long words linked by very short words in Morse-like dot-dash-dot fashion, the writing will be difficult to read. It includes too many phrases containing "litter" words. Conversely, if most of our words are about the same length and we see only a few very small words, our writing will be easy to read. If our writing contain should strive to eliminate "litter" words and the phrases they form, should eliminate. We can completely erase some of these phrases, such as "it is worth mentioning that" or "because of the fact that." The words like by reason of, for the reason that; in the event, on the grounds that, in order to can be shortened with because, because, if, because or since, and to respectively. other groups of "litter" words to just one or two words.
b. Sentences
To make sentences easy to be understood, they should be should be simple, direct and clear. They should generally have only one thought.[57] But, the most common problems we’ve encountered with disclosure documents:[58]
• Long sentences
• Passive voice
• Weak verbs
• Superfluous words
• Legal and financial jargon
• Numerous defined terms
• Abstract words
• Unnecessary details
• Unreadable design and layout
To solve these problem, the The Office of Investor Education and Assistance U.S. Securities and Exchange Commission, use before and after approaches. Three examples below are enough to explain these approaches.[59]
1. Long Sentence
Before
NO PERSON HAS BEEN AUTHORIZED TO GIVE ANY INFORMATION OR MAKE ANY REPRESENTATION OTHER THAN THOSE CONTAINED OR INCORPORATED BY REFERENCE IN THIS JOINT PROXY STATEMENT/PROSPECTUS, AND, IF GIVEN OR MADE, SUCH INFORMATION OR REPRESENTATION MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED.
After
This sentence may be shortened with plain English:
You should rely only on the information contained in this document or that we have referred you to. We have not authorized anyone to provide you with information that is different.
2. Use the active voice with strong verbs, avoid passive voice
Using active voice help the readers understand sentences more quickly and easily since it follows our think and process information, conversely, to understand the passive voice take more times because they are forced to take change it into the active. These axamples explains this statement.
a. active
“The investor buys the stock.”
In this sentence the readers immediately know that the the subject of the sentence, the investor, performs the action, buying the stock.
b. passive
The sentence “The investor buys the stock.” may be inverted into the passive in two models. The first is “The stock is bought by the investor”, and the second “The stock is bought”. The first model makes the sentence longer than its active form, and informs that the subject, the stock, is acted upon. The person or the thing doing the action is introduced with “by.” The second model eliminate, the person or thing doing the action, causing the actor of the action is unknown.
3. Use strong verb
The passive voices may be identified from the “to be” the use with another verb in the past tense; and a prepositional phrase beginning with “by”. But, if the object (the phrase introduced with “by”) is left out, to identify them are more difficult. To solve this difficulty, use a strong verb when the sentences convert to active voice. This makes them shorter and easier to understand, for-examples:
before
The foregoing Fee Table is intended to assist investors in understanding the costs and expenses that a shareholder in the Fund will bear directly or indirectly.
In this example the actor, namely who “intended” to assist investors is unknown uses the passive with agent deleted. We don’t know who “intended” to assist investors.
after
This table describes the fees and expenses that you may pay if you buy and hold shares of the fund.
In this sentence, the readers shortly know, that the buyers and holders of the shares of the fund may pay the fees and expenses.
V. CONCLUSIONS AND RECOMMENDATION
A. Coclusion
1. The Legal English is impotant for the students of Faculty of Law, academics, and the professionals in the law’s field.
2. Since the legal English has its own characteristic itself, either in its words, phrases, sentences, terms of art, and technical terms, the legal English is difficult to be understood.
B. Recommendation
- Since The legal English is importance for the students, academics, and professional in the law’s field, it need to be introduced to them.
- To solve the difficultis to undrstand the legal English, it need to train them in this field.
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King, Irene Leonard, Coaching for Change, What is It Going to Take for You to Use Plain Language?
Kimble, Joseph, The Straight Skinny on Better Judicial Opinions, in Michigan Bar Journal, March 2006.
Komisi Hukum Nasional Republik Indonesia, Bahasa Indonesia sebagai Sarana Pengembangan Hukum Nasional, 2 Febrauari 2004.
LANGUAGEandLaw org. The Creation, Structure, and Interpretaion of the Legal Text. Diunduh 17 Juni 2008.
Legal English Club, Common Law – different Meaning, Plain English vs Legalese, Contract Law – Basic Norms.
Lubis, ,Todung Mulya “Bahasa Hukum Sering Membingungkan” in, Kompas, Jakarta, Jumat 23 Agustus 2002).
Mikkelson, Holly, Awareness of the Language of the Law and the Preservation of Register in the Training of Legal Translator and Interpreter).
Moss, Giuditta Cordero, International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith, The Berkeley Electronic Press, 2007.
Mullineux, Andrew W. , Victor Murinde,Handbook of International Banking, Edward Elgar, Cheltenham, UK • Northampton, MA, USAp. 1998.
Plain English Campaign, How to write Report in Plain Engliash, http://www.plainenglish.co.uk/files /reportsguide.pdf, Plain English Campaign 2001, Download, 4 April 2012.
Spahn, Thomas E. and McGuireWoods LLP, Writing Well, \\COM\132974.1, 2002
Spears, Richard A. Ph.D, NTC's Thematic Dictionary of American Idioms, Published by NTC Publishing Group An imprint of NTC/Contemporary Publishing Company 4255 West Touhy Avenue, Lincolnwood (Chicago), Illinois 60646-1975 U.S.A. , 1998.
Stephen, Cheryl, The Wills and Estate Canadian Bar Association Vancouver, British Columbia, November 27, 1990.
Stephen, Cheryl, What is Wrong with Legal, Remarks delivered to the Wills and Estate Seccion Canadian Bar Association, Vancouver, British Columbia, Novsemeber 27, 1990.
The Office of Investor Education and Assistance U.S. Securities and Exchange Commission, A Plain English Handbook, How to create clear SEC disclosure documents, The Office of Investor Education and Assistance U.S. Securities and Exchange Commission 450 5th Street, N.W. Washington, DC 20549, August 1998 p19.
Tiersma, Peter, Legal Language (University of Chicago Press, 1999).
www siegelgale. Com, Business on Sequido, Legalese – Lawyer Jargon, www siegelgale. Com.
[1]Komisi Hukum Nasional Republik Indonesia, Bahasa Indonesia sebagai Sarana Pengembangan Hukum Nasional, 2 Febrauari 2004.
[2]The word ‘surat’, forexmple has its ownself meaning, namely each of writing aimed as a proof. In its detailed word ‘surat’ is replaced by ‘akta’. According to Indonesia Law, there are to kind of akta, namely ‘akta otentik’ and ‘akta di bawah tangan’. Thus, they are not ‘surat di bawah tangan’ and ‘surat otentik’.
[3]Languge used in ‘akta notaris’ for-example, often repeat the phrases like ‘saya, Ahmad Syafi’I, Notaris kota Mataram’ in the sentences as : “pada hari ini …. menghadap kepada saya, Ahmad Syafi’I, Notaris kota Mataram”, …… “menjelaskan kepada saya, Ahmad Syafii, Notaris Kota Mataram” ….. dst.
[4]Compare with David J. Berger, ‘Authority Heuristic’ in Chicago Kent Law Rerview (Vol. 79:959, 2004, p. 960).
[5]Due to difficulties in understanding legal language, Todung Mulya Lubis said: “I myself frequently confuse with the legiuslation or agreements write” (Bahasa Hukum Sering Membingungkan: Jakarta, Kompas, Jumat 23 Agustus 2002). For these difficulties: Satjipto Rahardjo called it as Chinese Language.
[6]In this case may be indicated words like “sentence” and “shall”. Here ‘sentence’ means ‘penalty’. So, ‘capital sentence’ means ‘dead penalty’. And ‘shall’ in various legal documents show to ‘the obligation’, not the ‘future time’.
[7]Peter Tiersma, Legal Language (University of Chicago Press, 1999).
[8][8]namely, … language that is typical of lawyer or that contain too much legal terminology.
[9]David C. Elliot, Making Legal Documents Readable (and at the same time removing unnecessary and umbiguity).
[10]Legal English Club, Common Law – different Meaning, Plain English vs Legalese, Contract Law – Basic Norms.
[11]Business on Sequido, Legalese – Lawyer Jargon, www siegelgale. Com.
[12]Cheryl Stephen, disampaikan pada The Wills and Estate Canadian Bar Association Vancouver, British Columbia, November 27, 1990.
[13]Plain English Campaign, How to write Report in Plain Engliash, http://www.plainenglish.co.uk/files/reportsguide.pdf, Plain English Campaign 2001, p. 3, Download, 4 April 2012 P. 4.
[14]Even Holly Mikkelson stated that “lawyers are people we love to hate”. Hew cited the suggestion “let’s kill all the lawyers” in Shakespeer’s King Henry VI (Lihat Holly Mikkelson, Awareness of the Language of the Law and the Preservation of Register in the Training of Legal Translator and Interpreter).
[15]Tierma, The Nature of Legal Language, http://www.languageandlaw.org/NATUREHTML in LANGUAGEandLaw org.
[16]LANGUAGEandLaw org. The Creation, Structure, and Interpretaion of the Legal Text. Diunduh 17 Juni 2008.
[17][17]Cheryl Stephen, What is Wrong with Legal, Remarks delivered to the Wills and Estate Seccion Canadian Bar Association, Vancouver, British Columbia, Novsemeber 27, 1990.
[18]Plain English Campaign, Drafting in Plain English, Plain English – Fighting for Clearer Communication, Since 1979.
[19]Irene Leonard King, Coaching for Change, What is It Going to Take for You to Use Plain Language?
[20]http://www.LousyWriter, The Plain English Writing Handbook, Learn how to write clear, concise and reader-friendly, httpwww.lulu.comitemsvolume_7111042000110424621 printplainenglish writinghandbook. pdf, diunduh 24 Februari 2012, p. 3. P. 15
[21]Ibid. p. 15.
[22]Peter Tiersma, Legal Language, University of Chicago Press, 1999, http://www.languageandlaw.org/ LEGALLANG.HTM - 1999, download 14 November 2011.
[23]Ibid.
[24] See Triesma, op, cit.
[25] Ibid.
[26]Andrew W. Mullineux Victor Murinde,Handbook of International Banking, Edward Elgar, Cheltenham, UK • Northampton, MA, USAp. 20.
[27] Yahia Abdul-Rahman, The art of Islamic finance and banking : tools and techniques for community-based banking, Published by John Wiley&Sons, Inc., Hoboken, New J ersey, 2010, p. 16.
[28] Giuditta Cordero Moss, International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith, The Berkeley Electronic Press, 2007, p. 1
[29]Gernot Biehler, Procedures in International Law, Springer-Verlag Berlin Heidelberg, 2008, p. 13.
[30] Ibid.
[31]René Descartes, Principles of Philosophy, rewritten by Jonathan Bennett, 2010-2015, p.1.
[32] Geauga County Bar Association, Notary Public Handbook, p.1.
[33] Ibid.
[34]Compeletely this Convenntion is known as United Nations Conventions on International Convention for the Suppression of the Financing of Terrorism, 1999.
[35]of the United Convention on the Law of the Sea, 1982.
[36]bankruptcyaction.com, Bankruptcy Dictionary, http://www.bankruptcyaction.com/bankruptcydictionary.htm, doenload 2 Novemver 2011.
[37]John Bovier, A Law Dictionary, http://www.constitution.org/bouv/bouvier.htm - 231211, download 23 Novwember 2011.
[38]Josef Essberger, Top 20 Business Vocabulary, EnglishClub.com, http://www.englishclub.com/business-english, download, 12 January 2012
[39]Richard A. Spears, Ph.D, NTC's Thematic Dictionary of American Idioms, Published by NTC Publishing Group
An imprint of NTC/Contemporary Publishing Company 4255 West Touhy Avenue, Lincolnwood (Chicago), Illinois 60646-1975 U.S.A. , 1998p. 36
[40] P. H. Collin 1991, 1999 Dictionary of Banking and Finance, third edition, A & C Black _ London , p.7.
[41]Joseph Kimble, The Straight Skinny on Better Judicial Opinions, in Michigan Bar Journal, March 2006, p. 42.
[42]http://www.fema.gov/pdf/emergency/nims/NIMS_core.pdf in Homeland Security, Plain Language Frequently Asked Questions (FAQs), June 2010, 3412, httpwww.safecomprogram. govSiteCollectionDocumentsPlainLanguageFAQs.pdf, download, 3 April 2012, P.4.
[43]Ibid.
[44]http://www.LousyWriter, The Plain English Writing Handbook, Learn how to write clear, concise and reader-friendly, httpwww.lulu.comitemsvolume_7111042000110424621 printplainenglish writinghandbook.pdf, diunduh 24 Februari 2012, p. 3.
[45]Homeland Security, Plain Language Frequently Asked Questions (FAQs), June 2010, 3412, httpwww.safecomprogram.govSiteCollectionDocumentsPlainLanguageFAQs.pdf, download, 3 April 2012, P.4.
[46]Nicole Donnelly. Penny Lane, Joan Winchester, Communicating with Plain Language, httpfiles.www.enrollamerica.orgbest-practices-institutepublications-and-resources2012Communicating_with_Plain_Language.pdf, DOWNLOAD 4 April 2012, p. 1.
[47]Home Security, Plain Language Frequently Ask Questions (FAQs), httpwww.safecomprogram.govSiteCollectionDocumentsPlainLanguageFAQs.pdf, June 2010, diunduh 3 April 2012, p.5
[48]Ibid.
[49]http://www.LousyWriter, The Plain English Writing Handbook, Learn how to write clear, concise and reader-friendly, http://www.LousyWriter, httpwww.lulu.comitemsvolume_7111042000110424621 printplainenglishwritinghandbook.pdf, diunduh 24 Februari 2012, p. 3.
[50]http://www.LousyWriter, The Plain English Writing Handbook, Learn how to write clear, concise and reader-friendly, http://www.LousyWriter, httpwww.lulu.comitemsvolume_7111042000110424621 printplainenglishwritinghandbook.pdf, diunduh 24 Februari 2012, p. 3.
[51]Ibid. p.2-3.
[52]Plain English Campaign, How to write Report in Plain Engliash, http://www.plainenglish.co.uk/files/reportsguide.pdf, Plain English Campaign 2001, p. 3, Download, 4 April 2012
[53]Thomas E. Spahn and McGuireWoods LLP, Writing Well, \\COM\132974.1, 2002, p. 4.
[54]Ibid.
[55]The Office of Investor Education and Assistance U.S. Securities and Exchange Commission, A Plain English Handbook, How to create clear SEC disclosure documents, The Office of Investor Education and Assistance U.S. Securities and Exchange Commission 450 5th Street, N.W. Washington, DC 20549, August 1998 p19.
[56]See Thomas E. Spahn and McGuireWoods LLP, op. cit, pp 3-
[57]Ibid., p. 17.
[58]The Office of Investor Education and Assistance U.S. Securities and Exchange Commission,, op. Cit., p. 17.
[59] Ibid., p. 17 -
