Issue 1 |

Obfuscation and clarification: the history of Legal English and what Singapore is doing about it

by on November 14, 2014

Introduction

It is the day after Valentine’s Day. After hearing your spouse play ‘Call Me Maybe’ for the fiftieth time on repeat at full volume, you finally snap and decide to boil his bones. After the deed is done, panic sets in and you rush to Amanda Slaughter LLP to see your favourite lawyer, Ms Sue Yiu. You moan to Ms Yiu about being a simple person not versed in the law (you once tried to read a few law books before but gave up after a day) and ask her if this will help you in your case. She says to you darkly, “ignorantia juris non excusat”. You squint at her. She repeats herself, this time with an English translation, “ignorance of the law cannot amount to a defence”. You scream out in horror.

It is one of the bedrocks of legal philosophy that ignorance of the law, in most instances, does not allow a person to escape liability. As a general principle, every person is presumed to know what the law is; if not, he has to make reasonable efforts to find out and get himself up to date. This was the compromise that English law came up with in order to prevent persons from claiming that they did not know the law when the surrounding circumstances show that they should have known about it. As a case in point, imagine you see a fluffy tail poking out of your friend’s bag but you choose not to think about the Persian cat that your neighbour was looking for. (Those are grounds for execution in my book.)

However, the task of getting acquainted with the law has been made much more difficult because of the legal profession’s tendency to use archaic and obscure legal jargon, otherwise known as ‘Legalese’ or ‘Legal English’. Much has been said about the impenetrable nature of Legal English. There has consequently been a concerted effort around the world since the 1970s to revamp the language that lawyers use, in order to make it more accessible to the common man on the street. In this regard, I will briefly explore how crafty lawyers conjured up their own mumbo jumbo long ago, and highlight efforts to bring legal language down to earth, with a focus on Singapore.

Brief history of the development of Legal English

The history of Legal English in England follows the development of Middle English (the form of English used from 1066 to 1500s) after the Norman invasion brought with it enormous changes in the English way of life and communication. The influx of Norman French words into the Anglo-Saxon vernacular meant that more often than not, there existed two different words (one Germanic, the other Latinate in origin) for the same or similar concept, both of which were used to prevent confusion in legal situations.

The starkest examples of this were in the form of legal doublets, where both the Germanic and Romance terms were put together. ‘Breaking and entering’, ‘aid and abet’ and ‘will and testament’ are just some of the expressions that lawyers used. Legal drafters initially did this to ensure that the concept could be understood by persons of both Anglo-Saxon and Norman origins. Nowadays however, these expressions have acquired specialised meanings and cannot be broken down into their constituent parts. These redundancies in legal language have remained to the present day and are used by lawyers without a second thought.

Another consequence of the Norman invasion was the use of Latin as the language of the courts and for the drafting of statutes (written law). Because Latin was so important to the making of legal arguments which were to be presented to the courts, Latin expressions started to make their way into the English language. For example, in criminal law, the physical element of the crime is termed the actus reus (guilty act) while the mental element is called the mens rea (guilty mind). Similarly, when judges had to decide a case on the basis of doing justice to both parties instead of strict legal rules, they would do it ex aequo et bono (out of equity and good). While English translations of these Latin expressions certainly exist, the conservative nature of the legal profession ensured that these expressions remained in use. This was to preserve the meaning that they had come to embody after hundreds of years of legal jurisprudence under English law, even after English became the sole language of the courts in 1730.

It is also useful to mention at this juncture the context of the development of Legal English in England. Lawyers used Legal English in order to differentiate themselves from the lower classes who used vernacular English and who were uneducated in the fine art of the law. Latin was at the top of the language hierarchy in medieval England, followed by Norman French, and lastly English. After Latin was gradually phased out, lawyers sought to preserve the formality of court proceedings (and maybe the prestige of their profession) by retaining the antiquated remnants of Latin which had a more uppity air to them. In a way, this was similar to how religious rituals such as those in the Catholic Church preserved hymns or prayers in Latin, even after the liturgical language had been changed.

Legal English in context: Singapore’s story

There have been attempts to make Legal English less legal and more English the world over. In 1977, the state of New York in the United States even passed a law making it compulsory to use plain English in consumer contracts. Singapore in particular serves as a good example of what plain English could achieve.

Singapore became a colony of the British Empire in 1819 after Sir Stamford Raffles founded a trading port at the mouth of the Singapore River. English law thereafter began to be applied in Singapore with the enactment of the Second Charter of Justice in 1826. From 1826 all the way up to independence, the judges that were adjudicating cases in Singapore were British, as were most of the lawyers who argued before those judges. Because England basically transplanted its legal system wholesale into the colony, the use of Legal English also became prevalent in Singapore.

This continued to be so even after Singapore’s independence in 1965, because most of the legal professionals had been educated in the United Kingdom, even if they were Singaporean. They had brought with them the English mentality in using legal language, and this, coupled with the generally low English-language proficiency in the population at that time, made sure that the laws and regulations of the government were incredibly opaque to the average Singaporean.

By the 1990s, many important figures in Singapore’s government and judiciary had recognised the need to make the law clearer and more understandable to the man on the street. This was thought to be a prerequisite before Singapore could progress and remake itself as the global centre for trade and business that it envisioned itself to be. This was indeed highlighted by the then Minister for Law, Mr S Jayakumar in 1993 when he said:

“Many (laws) are also inaccessible and unavailable to the general public and even to lawyers(!). Moreover, the language of these ancient statutes is archaic and very difficult to understand.”

The previously slow and inefficient judicial system was completely revamped by the Chief Justice and by other relevant authorities such as the Ministry of Law in order to streamline proceedings and ensure that what was unnecessary was thrown out. Along with the abolition of the requirement to wear scratchy wigs in court, the use of simpler English words was also actively promoted so that no time was wasted trying to interpret language that should have been clear to everyone in the first place. In addition, the Singapore Academy of Law started organising seminars and workshops in order to train lawyers and other law practitioners to write in clear and concise language that still captured the essence of what needed to be argued in any legal suit. This was also imported into the legal curriculum for law students, who were tasked with drafting mock pleadings and letters that were not overly verbose and adhered to strict word limits. This comprehensive approach continues to this day, and the current legal environment is very much geared towards eradicating Legal English in favour of plain English.

Why Plain English is a good thing

Singapore’s efforts to simplify the use of legal language have far-reaching consequences not only in terms of the law but also the development of the country as a whole. First and foremost, from the abstract point of view of legal theory, the Plain English movement has helped to ensure that as many lay persons would be acquainted with the law as is reasonably possible. This should theoretically improve the citizenry’s awareness of its legal rights and obligations. Such awareness also ensures that the citizens of Singapore are law abiding not only because they fear punishment if they breach the law, but also because they are active participants in the state-building process, making a conscious decision to be good citizens because it is the right thing to do.

Furthermore, using Plain English in the legal arena ensures that unnecessary legal costs are minimised. Laypeople no longer need to resort to expensive lawyers in order to resolve disputes because the meaning of the law would be clear enough for them to understand what their legal position is. This would free the courts to concentrate on more important cases where complex legal principles are involved. Legal proceedings could also be shortened because the pleadings and summonses would be less voluminous, which would, in turn, also keep burgeoning legal costs to a minimum.

The use of plain English also ensures that Singapore’s position as a world centre for trade and finance is consolidated. The problem of the general local populace not knowing English may have fallen away, but presently, the issue of English knowledge implicates people from other countries who may not be as proficient in English but would like to make use of our legal and business infrastructure. With plain English, such people now have the confidence that their contracts are well drafted and parties would not be trigger-happy in suing and going to court.

Down with the money-grubbing lawyers!

The use of even plainer English in Singapore’s courts would bring numerous advantages to many sectors of the population. Legal English was born in a time when lawyers and other legal professionals held an antiquated view of how the law should be, an abstract idea up in the air which could only be brought down to the masses by the grace and benevolence of the legal profession. Such a view clearly holds no water in the present time when information is transmitted and shared at a dizzying pace by more and more people. Ignorance of the law is not a choice that people can, or would, make. Plain English bridges the gap between the legal profession and the common person on the street, and Singapore’s efforts to promote it are commendable. The legal system serves to lay down boundaries and guidelines for people to live by; only with plain English can this be done in a holistic and comprehensive manner.

Having read this article, you find yourself in court before the honourable Justice Joseph D. Redd. As the lawyers are arguing in Legal English, you suddenly stand up and list out why the lawyers should be using plain English instead. Sufficiently chastised, the lawyers sulkily slink back into the shadows. You then make an impassioned defence as to why you cannot be held guilty for boiling your man’s bones, because you finally understand what the law actually is. Justice Redd benevolently looks down upon you and says, “nice try”. You get carted off to prison. The end.

50 Responses to “Legalese in Singapore”

  1. Tim david

    The traditional Brown leather jacket is distinguished by its simplicity and ability to fit in with anything you wear beneath. This is not to say that this specific kind of jacket is dull or uninspired; far from it. But bear in mind that they should not be the focal point of your ensemble, but rather an excellent complement.

    The usage of Wholesome Jackets is the most similar to men’s outerwear. When purchasing a jacket, some requirements must be met. Mens Leather Jacket Brown of high quality counts for half of the durability test. Moreover, the included features include a front end-to-end zipper, large lapels, and various buckles to help you tighten up.

    Reply
  2. Michael

    All people, both men and women, love men’s fur coats. These seek to offer the finest insulation and design. However, manufacturing firms are seriously considering how to use this amazing material variety better.
    All people, both men and women, love Mens Fur Coats. These seek to offer the finest insulation and design. However, manufacturing firms are seriously considering how to use this amazing material variety better.

    Reply
  3. This post is very simple to read and appreciate without leaving any details out. Great work!

    Online Slots Philippines

    Reply
  4. The Fast and Furious film series comprises of ten core tale films and two additional plot installments. However, the first Fast Saga In Order began in 2001, and the final installment is about to be released in 2023.

    But there’s no denying that anticipation for Fast 10 is already high. As a result, our online clothing store TGL is stocking up on amazing items that the franchise’s renowned cast is showcasing, such as leather jackets and Fast x Jacket

    Reply
  5. isabella rude

    The traditional Brown leather jacket is distinguished by its simplicity and ability to fit in with anything you wear beneath. This is not to say that this specific kind of jacket is dull or uninspired; far from it. But bear in mind that they should not be the focal point of your ensemble, but rather an excellent complement.

    The usage of Wholesome Jackets is the most similar to men’s outerwear. When purchasing a jacket, some requirements must be met. Brown Leather Jackets of high quality counts for half of the durability test. Moreover, the included features include a front end-to-end zipper, large lapels, and various buckles to help you tighten up.

    Reply
  6. This is an amazing and informative article that covers so much ground.

    Reply
  7. I appreciate reading your blog a lot. The material was straightforward and simple to grasp. In comparison to a few lower-quality websites I’ve discovered, I’m grateful.

    Reply
  8. jackdaniel011

    There are also articles on these topics on my blog and I hope you visit once and have a deep discussion! If you are looking for a leather jacket kindly visit https://www.jacketars.com/product/pelle-pelle-soda-club-leather-jacket/

    Reply
  9. jackdaniel011

    There are also articles on these topics on my blog and I hope you visit once and have a deep discussion! If you are looking for a leather jacket kindly visit Pelle Pelle Jacket

    Reply
  10. jackdaniel011

    This is a very informative content, I appreciate that author has taken time for such a unique content, visit our webste for leather jackets fast x jacket

    Reply
  11. jackdaniel011

    Very nice blog and post, I found it informative and useful, thank you for kindly share it with us, best regards and take care, visit our webste for leather jackets Cyberpunk Jacket

    Reply
  12. It presents the topic in a concise and easily digestible manner. Samurai Leather Jacket

    Reply
  13. Eve De Maistre

    The anticipation for the future times has been ensured for the chunks. The pattern of the ai video editor for all sorts. Posit spilt for the terms. Skills r merged for the Madoff the marked and durable show for the turns for the citizens.

    Reply
  14. I visit other websites and blogs every day to read articles, but this website only offers high-quality content.

    Reply
  15. I never stop myself to say something about it.You’re doing a great job.Keep it up

    Reply
  16. I really appreciate you sharing this fantastic content, and I want to thank you for the educational read that you provided. Continue your wonderful effort!

    Reply
  17. “I’ve been struggling with [topic] for a while now, and your post gave me some much-needed guidance. Thank you for sharing your expertise.”video animation services usa

    Reply
  18. Alex reynolds

    The way you write is really good. I’m really happy I read it. It kept me interested the whole time quordle

    Reply
  19. Hey! my name is Gena Hentz and I’m a fashion blogger. I’m myself employed and work with brands that I love and love sharing my experience with others.

    Reply
  20. The way of your write is really good. I’m really happy I read it. Kate Upton Astros Sweater

    Reply
  21. Thanks for your helpful post

    Reply
  22. The Penny Benjamin Jacket: because a touch of elegance makes all the difference.”

    Reply
  23. Experience the power of enhanced workforce capabilities with our dynamic Staff Augmentation Services. Our Staff Augmentation Services redefine how you scale your team, offering a solution that seamlessly integrates skilled professionals into your projects, precisely when you need them. With our services, you’re not just accessing resources – you’re unlocking a strategic advantage that adapts to your evolving needs. Enjoy the benefits of increased agility, reduced recruitment overheads, and the ability to tap into specialized expertise without long-term commitment. Elevate your projects and achieve remarkable outcomes with the flexibility and efficiency of our Staff Augmentation Services. Your success story begins with our dedicated support and tailored solutions.

    Reply
  24. jackdaniel011

    This is one of the best posts I’ve read. It contains some very valuable and helpful information. Thanks for sharing. As seen on fashion icons and celebrities, our leather jackets are the epitome of style and class Aviator Jacket Women

    Reply
  25. smellarray

    The article attempts to provide an explanation why the English legal language is so complex and so difficult to understand especially for the lay people slope unblocked.

    Reply
  26. Embrace your inner ninja with this stylish Naruto Akatsuki Puffer Jacket

    Reply
    • Tim david

      A Men Real Leather Jacket is more than simply an article of clothing; it is a classic and flexible wardrobe essential that embodies elegance, sturdiness, and an air of rough-and-tumble sophistication. A real leather jacket is one that is crafted from genuine animal hide, such as cowhide, lambskin, or goatskin, and is distinguished by its one-of-a-kind texture, its natural variances, and its capacity to acquire a characteristic patina over the course of its lifetime.

  27. I think your idea will be copied and utilized to inspire the creation of many more ideas because it is brilliant and original. word wipe

    Reply
  28. Harley Quinn Jacket The iconic Harley Quinn character is a dark-faced, mischievous, flamboyant, and curvy character. She loves to cause mischief and is not afraid to get her hands dirty when it comes to causing chaos. She is a master at using her femininity to her advantage and is often used as a source of laughs and punchlines by the Joker.

    Reply
  29. erikaadoll47

    America Jackets is your ultimate online shopping destination, providing a reliable source for all your fashion needs. Ensuring you uncover your preferred style without breaking the bank. Lucifer Rising Rainbow Jacket

    Reply
  30. Article’s superiority noted Cobra Kai Jacket

    Reply
  31. harperpaul

    Thanks for sharing beautiful content. I got information from your blog. keep sharing
    es nueva jersey un estado sin culpa para el divorcio

    Reply
  32. Tyler Durden Jacket Celebjackets have a wide range of jackets inspired by everyone’s favorite movie fight club for its fans. They arrive with sure variations like slim in shape, distressed fashion, Shearling, Quilts, hood and plenty greater designs that did not appear as a style earlier than.

    Reply
  33. Squid game costume The world is taken aback by the craze of squid games. The games, which have also been dubbed the most perilous series, have fascinated the people worldwide, who now have been looking for the squid game Merchandise for sale.

    Reply
  34. This would free the courts to concentrate on more important cases where complex legal principles are involved.

    Reply
  35. Ayan Akram

    Environmental and Industrial Solutions Co. offers an impressive range of sustainable solutions to meet your needs. Whether you’re looking for eco-friendly refrigerants or other environmental products, they’ve got you covered. Don’t miss out on their excellent selection, including R404a refrigerant for sale!

    Reply
  36. Thanks for sharing this content! I’m extremely inspired along with your writing skills as neatly as with the format in your blog.¿Es el Adulterio Motivo de Divorcio en el Estado de Nueva York?

    Reply
  37. Tiny Fishing

    When I’m in a bad mood, I like to play games https://tiny-fishing.co/game-suika-or-watermelon-game since they are entertaining, and afterward, I always feel better about myself. If you’ve never done so, you should give it a go at least once.

    Reply
  38. Lily Smith

    I have read your blog. Your blog is very interesting, I will definitely bookmark it !! Keep posting such useful information.
    Ask for Dissertation Writing Services from Qualified Law Experts in the UK.

    Reply
  39. Indulge your taste buds with NY 212 Pizza, where every slice is a delightful journey through flavor. Discover the best Pizza Offer in lahore, making every bite an unforgettable experience!

    Reply
  40. Mike Rooney

    I really enjoyed reading your articles. It looks like you’ve spent a lot of time and effort on your blog.Black Label Society Jacket

    Reply
  41. Thanks for sharing this informative blog, I appreciate the effort you put into providing such detailed information. cps lawyers near me

    Reply
  42. orabelle hana

    Thanks to reading this article, I have gained new knowledge, thank you very much GPA Calculator

    Reply
  43. Thanks for sharing this informative blog! mejor abogado de divorcio en nueva jersey. I appreciate the effort you put into providing such detailed information.

    Reply
  44. Thank you for sharing this insightful blog. I value the effort you invested in delivering such in-depth information.
    ISO 45001 Lead Auditor Training

    Reply
  45. John Andy

    We have an intense curiosity about apparel and follow the latest fashions. Jacket Ware is the greatest website for leather attire.

    Reply

Leave a Comment