Law and Its Language
![handle is hein.journals/gwlr33 and id is 577 raw text is: The language of the law-in all its pedantic, semantic, repetitive,
mystical, prolix, turgid, ancient, etymological glory-is hereinafter
defended and revealed as what it really is: learned, fraternal, pel-
lucid if not always stylish, efficient if not always concise, up-to-date
in an old fashioned sort of way. Res ipsa loquitur.
LAW AND ITS LANGUAGE
Lawrence M. Friedman*
In his recent book, The Language of the Law, David Mellinkoff
has taken for his subject the customary language used by lawyers in
those common law jurisdictions where English is the official lan-
guage. 1 Mellinkoff's book is, perhaps, the first systematic attempt
at a history and description of the trade jargon of lawyers. In the
opening sections, the author has attempted to isolate the characteristics
of our Anglo-American legal language. He finds nine of these
characteristics and, in addition, four mannerisms. Of the nine
characteristics some are stylistic; some relate to vocabulary. The
legal vocabulary, according to Mellinkoff, contains common words
with uncommon meanings, such as action in the sense of a law
suit; rare or obsolete words from older strata of English, from Old
French, or from Latin; frequent use of formal words, such as
whereas, and technical terms or terms of art such as the Rule
in Shelley's case. Legal style is characterized by its use of argot,
or legal slang, by deliberate use of words and expressions with flexi-
ble meanings, and-seemingly inconsistent-by attempts at extreme
precision of expression. 2 The mannerisms are not flattering. Mellin-
koff feels that the language of the law has a strong tendency to
be wordy, unclear, pompous, and dull.
No doubt one might quarrel with Mr. Mellinkoff over matters of
detail, and some of his categories are vague in themselves. Nonethe-
less, it is perfectly clear that there is a legal jargon and that it con-
sists of (a) a vocabulary of terms used by legal specialists but not
understood by the general public; and (b) a legal style characterized
by the use of words and syntax which the public understands but
OBA., J.D., LL.M., University of Chicago. Associate Professor, University of
Wisconsin Law School.
1 Mellinkoff, The Language of the Law 3 (1963).
2Id. at 11-23.
3 Id. at 24.
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Law and Its Language
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