Selasa, 24 Juli 2012

chapter one


CHAPTER ONE
INTRODUCTION

I.       Background

Legal English or often called as legalese is a language used in legal writing mainly legal documents and instruments. It uses in legal writing in genaral like papers, research’s reports, and books in the field of law.
This language is diffult to be understood not only by lay people, namely they have no backgroun in the field of law but also by the people preoccupaid themselves in the study of law and professionals in law, namely the studens, the academics, the lawyers, the judges, the prosecutors and the other legal enforcements.
The words, phrases, and sentences are the factors causing difficulties in understanding the legal English.  The lawyers in their writing often: use the words with diffrent meaning with their normal meaning;[1] use  the words that unfamiliar with the ordinary peoples;[2] use the idoms instead of the single or simple words;[3] use the double words while one word is enough.[4]    They use phrases which sometimes depart from grammer norms in general,[5] and long phrases. Below, I give some examples on the long phrases cited from some legal instruments and books in the field of law.

1.    The jurisdictional issue resurfaces occasionally in antitrust disputes, sometimes dressed in different legal terms.[6]
2.    My aim is not so much to report the details as to give the reader a few simple explanations of the relationship between the Sherman Act and its historical roots, reasons for the enactment of the antitrust laws, and the policy issues recurring in antitrust cases.
As the phrases, the lawyers use sentences that sometimes depart from the normal grammar, and the longsentences. Some long sentences cited from legal instruments and books in the law field are presented as examples below.

1.    The fundamental features of many of these fundraising regulation laws are a series of definitions, registration or similar requirements for charitable organizations, annual reporting requirements for charitable organizations, exemption of certain charitable organizations from all or a portion of the statutory requirements, registration and reporting requirements for professional fundraisers, registration and reporting requirements for professional solicitors, requirements with respect to the conduct of charitable sales promotions, record-keeping and public information requirements, requirements regarding the contents of contracts involving fundraising charitable organizations, disclosure requirements, a range of prohibited acts, registered agent requirements, rules pertaining to reciprocal agreements, investigatory and injunctive authority vested in enforcement officials, civil and criminal penalties, and other sanctions.[7]
This sentence is a simple in nature  consisting of one hundred and one words. Besides of the numbers of its words, the use of  conjoin  phrases in its subject, verb and  object cause this sentence to be a very long sentence.  This sentence may be analysed as follows
a.    subject, conjoin phrase “The fundamental features of many of these fundraising regulation laws”;
b.    predicat, verb “are”;
c.    objec, conjoin phrases “a series of definitions, registration or similar requirements for charitable organizations, annual reporting requirements for charitable organizations, exemption of certain charitable organizations from all or a portion of the statutory requirements, registration and reporting requirements for professional fundraisers, registration and reporting requirements for professional solicitors, requirements with respect to the conduct of charitable sales promotions, record-keeping and public information requirements, requirements regarding the contents of contracts involving fundraising charitable organizations, disclosure requirements, a range of prohibited acts, registered agent requirements, rules pertaining to reciprocal agreements, investigatory and injunctive authority vested in enforcement officials, civil and criminal penalties, and other sanctions.”
2.     The investment treaty regime thus summons the image of a mosaic of applicable laws, unlike the position in classical international regimes where public international law might be destined to play an exclusive role, and questions of municipal law might be treated as questions of fact.[8] 
The conjunction  “unlike” combines “The investment treaty regime thus summons the image of a mosaic of applicable laws” with “the position in classical international regimes where public international law might be destined to play an exclusive role, and questions of municipal law might be treated as questions of fact” to be a complex sentence; while coordinating conjunction “and” combines the sentnces “the position in classical international regimes where public international law might be destined to play an exclusive role” with “questions of municipal law might be treated as questions of fact” to be compoun sentence. The combination of complex sentence and compund sentence cause this sentence to be a long sentence.
3.    With the development of the law relating to non-self-governing territories and the principle of selfdetermination, certain rebel movements – now usually referred to as national liberation movements (NLMs) – may be in the process of acquiring the status of a subject of international law, though, with the notable exception of Palestine, most of the peoples represented by NLMs have now obtained statehood for their territories.[9] 64 words
This sentence is a complex sentence cotaining 64 words. Since it mixes some phrases mainly in its subject and object, it is a long sentence. This sentence may be analysed as follows:
-      the fisrt subject “certain rebel movements” modifay by phrases “With the development of the law relating to non-self-governing territories and the principle of selfdetermination” and “now usually referred to as national liberation movements (NLMs)”.
-      the firs predicate is “may be”;
-      the first object mixes some phrases “in the process,” “of acquiring,” “the status.” “of a subject”, and  “of international law”,
-      though is a subordinating conjunction, mixing the firs sentence “With the development of the law relating to non-self-governing territories and the principle of selfdetermination, certain rebel movements – now usually referred to as national liberation movements (NLMs) – may be in the process of acquiring the status of a subject of international law” and “with the notable exception of Palestine, most of the peoples represented by NLMs have now obtained statehood for their territories.”
-      the second subject “most of the peoples represented by NLMs” is modified by phrase “with the notable exception of Palestine”;
-      the secon predicate is a phrase “have now obtained”; and
-      the third object a word “statehood” modified by phrase “for their territories”.

II.     The substancies of this Guidance

To help the readers to understand this Guidance easily, I try  to present the materials of its materials as follows:  (1) introduction; (2) legal English, its charasteristic, and plain language; (3) understanding legal English in words;  (4) understanding legal English in phrases; (5) understanding legal English in clauses; (5) understanding legal English in Sentences;  (6) analysing sentences; and (7) conclusions.
In the firs place, introduction discusses:  the impotance of legal English for the students, academics, and professional in the field of law; the dificulties in understanding legal English; and the soultions offered ti these dificulties. The second, legal English, its charasteristic, and plain language discuss discuss: the notion of legal English; its characteristic including in words, phrases, and sentences. The third, understanding legal English in words discuss various words used by the lawyers in legal documents,  instrument  and writings in general, namely: the words having the  meaning different from their normal meaning; the words  they selected might be haved different meaning from them used in the daily life; and the words created by lawyers in facing various issues in legal issues. Fourth,   understanding legal English in phrases discusses:  the phrases used in legal English; the departing of legal English phrases from the grammer norms; and  the factors causing the lawyers use long phrases. Fifth,  understanding legal English in clauses discuss: the kinds of clauses; and the use of clauses by lawyer in their writing. Sixth, understanding legal English in Sentences discuss: the kinds of sentence; and the factors causing  long sentnces in legal writing. The seven, conclusions discuss th conclusion might be drown based on the description from chapter one  to six,  and recommendation to solve various difficulties in legal English.


[1]For-examples they  use word “sentence” which in its normal meaning “kalimat” in the other meaning, namely “punishment” translated in Indonesia Legal language as “hukuman”.  
[2] They use the phrase “prior to” for the word “before”; phrase “subsequent to” for the word “after”.
[3]For-examples:  they use  conjuction “in order to” for conjunction “to”.  
[4]For-examples: they use   
[5]In normal grammer  adjective precedes noun  in a noun phrase, and it modify noun, for-example  “new house”, here new modify house (noun). In legal English we find phrase departing from this provisoin, for-exmample  “attorney general”, here attourney (noun) modify  general (adejctive);  and attorney (noun) precedes general (adjective).   
[6]Keyth Hilton, Antitrust Law Economic Theory and Common Law Evolution, Cambridge University Press,  p. 30
[7]Bruce R. Hopkins, The Law of Fundraising, Fourth Edition, 2009 by John Wiley & Sons, Inc.,  p. 28.
[8]Zachary Douglas,  The International Law of Investment Claims, CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore,
São Paulo, Delhi, Dubai, Tokyo, 2009,  p. 40.
[9] Anthony Aus, Handbook of International Law, Cambridge University Press The Edinburgh Building, Cambridge CB2 2RU, UK, 2005,p. 14.

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