With the method of stylistics, we can take a quick look and find out what the text is about. For example, when we see the word “tort”, we could think it must relevant to a civil case.
2 Stylistic characteristics of legal English
For the preparation for legal translation, analysis of stylistic characteristics can help us to know more information about legal English.
2.1 Accuracy of legal English
The most important and most fundamental characteristic of legal English is to express law and legal thought clearly, and state clearly that the party’s rights and obligations in the legal proceeding which need the accurate and clearly word in the usage of legal English. [4] Anybody who drafts out legal document must take much attention on the highly formal and dignified words, avoid misunderstanding and different meanings in legal documents, which are in order to express the meaning of legal articles better, show the original meaning of law. Thereby, let every party understand which kind of rights they own and what sort of obligations they must be assumed, which kind of act is permitted by law, which one is prohibited, which one is encouraged by law. When a tort case happens, let parties know which kind of consequence this case will bring to parties who will take legal responsibility or have right to appeal. Only by these ways, could we protect the interests of almost all parties. If there are many inaccurate, vague words and ambiguous sentences in a legal document, which would bring us many unwanted troubles or unpredictable consequences look at the following examples:
Sample 1 Either party may terminate this contract if the other party fails to fulfill or perform any of its obligations hereunder in the event that such failure remains unremedied sixty (60) days after the service of a written notice by the party to the defaulting party specifying the failure in question and requiring it to be remedied.
In sample 1, this Provision shows the obligations of each part clearly. Although the article looks a bit numerous, its purpose is accurate, honest, impeccable, which suits the characteristics of legal English. Accuracy is the most basic need and core of legal English; it is the soul of legal language [5].
2.2 Preference for lexical repetition to pronoun reference
In order to achieve this accuracy aim, exactness of reference, leaving no loopholes whatsoever, legal documents tend to use lexical repetition as the formal device to link their long and self-contained sentences. Repetition of the same exact word or words not only occurs between sentences, but also between different parts within the same sentence.
A document concerning application for informal appointment of personal representative in the Matter of the Estate of deceased, reads in part:
l) This application is made by daughter of the deceased, as the individual appointed by the deceased in his will as his Personal Representative.
2) Decedent died on or about the 2nd day of December, 1985, at the age of 77 years or thereabouts. At the time of death, decedent was domiciled in Coconino County, State of Arizona.
3) Decedent left surviving the following persons who are the surviving children and heirs of decedent: ...
We can see that the word decedent (synonymous to the deceased) is repeated 4 times in the successive three sentences.
As a result, pronoun reference is scarce. The occurrence of his immediately following the second deceased in clause 1 is the only instance of reference made by a pronoun in the whole document, which is used when there, is no possibility of confusion. Actually in legal texts, almost no pronoun is used unless it is unmistakably clear.
Repetition within the same sentence is remarkably unique in this variety:
Having examined the conditions of contract, specification, drawings and bill of quantities for the execution of the above-named works, we the undersigned, offer to execute and complete such works in conformity with the conditions of contract, specification, drawings and bill of quantities.
Verbal groups are also repeated:
If the contractor fails to effect and keep in force any of the insurances required under the contract, then the employer may effect and keep in force any such insurance.
Occasionally, “the same” is used in place of word(s) when there is no possible misinterpretation:
We agree to abide by this tender for the period of 14 days from the date fixed for receiving the same.
Here “the same” is used for “this tender”.
2.3 Wide use of conjunctional phrases and parallel structure
Coordination of phrases and Parallel sentences are another remarkable feature of legal English. They appear in many legal documents and make them more formal and dignified.
2.3.1 Conjunctional phrases
Coordination of words and phrases are another remarkable feature of legal texts. They usually use “and”, “or” to connect words, which either the feature of legal English or the appearance of accuracy. The usage of conjunctional phrase and parallel structure consist of historical factor, but the main purpose of this is the pursuit of the right of lexical meaning, stable of sentence meaning and logical demonstration [6].Legislator who drafts out the legal document worried about that only using one word or phrase cannot express legal meaning accurate and comprehensive. Except this, in order to avoid people who use the weakness of language expression to make a fuss; conjunctional phrases and parallel structure are adopted to achieve exactness.
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