The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damage and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
In the example, the noun phrases—“the shipper” and “the carrier”—appear three times respectively. But pronouns are not completely absent from legal English, the two personal pronouns—“him” and “his” —are also used here only on the condition that they will not cause ambiguity. So pronouns are rarely used in legal English to pursue exactness.
1. 4 Use of synonyms or near-synonyms
Another outstanding characteristic of legal English is the coordination of synonyms or near-synonyms. In order to seek precision and rigorousness, legal professionals have an inclination to write words in pairs. Two synonyms or two words with close meaning can be connected by “and” or “or” to complement each other. And in legal English this kind of use occurs very often. The linguistic terms synonyms are traditionally defined as words differing in sound form but identical or similar in meaning. Although this definition seems to be vague and inaccurate to some linguists since there are more polysemic words than monosemic words, it offers something most basic of synonyms. However, in legal English, the synonyms can serve to prove the abundance of them in the language. It can be seen that there is a certain structure in legal English that in many cases words of similar meaning are used together. The purpose of this kind of use is not only to respect the tradition, but also to seek accuracy and completion of meaning [6]. Simultaneously, ambiguity can also be avoided or reduced by using synonyms or near-synonyms. Norman Brand and J.O. White (1976:114) state, “strictly speaking no two words have the same meanings. There are connotations that match to language and even two synonyms will suggest slightly different meanings to a reader [7].” This belief may help explain the inclination of legal professionals to use synonyms, such as “terms and conditions”, “import duty and tax”, “covenants and agreements”, “elderly and aged”, “able and willing”, “true and correct”, “goods and chattels”, etc. The synonyms or near –synonyms in each phrase are connected by “and” and the second part is often used to reaffirm and complement the first part.
Sometimes, draftsmen may also use some combinations of words with the word “or” to make the meaning more precise and complete, such as “defaced or altered”, “compensation or damages”, “express or implied”, “repair or replacement”, “in contract or in tort”, etc.
Some words that are synonyms or near-synonyms are also used together for accuracy. For example:
Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connection with, good arising from negligence, fault or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in this convention, shall be null and void and of no effect. A benefit of insurance in favor of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.
In the clause, we can easily choose at least four groups of words characterized by the coordination of synonyms or near-synonyms: “loss or damage”, “negligence, fault or failure”, “duties and obligations”, “null and void”. The use of these words makes the English sentence more formal and precise.
1. 5 Rare use of adjectives and adverbs
Legal English stipulates the rights and obligations of some legal entity members. The essence of legal English should be definitely precise and clear. Precision is the soul and life of legal English. Any word or sentence that is liable to cause ambiguity is to be avoided. Legal language should be solemn and objective without any personal feeling in it. Therefore, the adjectives and adverbs are rarely used in legal English. For example:
(1). The ownership of a ship means the ship owner’s rights to lawfully possess, utilize, profit from and dispose of the ship.
(2). Any loss other than an actual loss or a constructive to tall loss is a partial loss.
From the above example, we can see that adjectives, like “splendid, wise, disgusting, happy” and the adverbs, such as “very, rather”, are not employed in legal English. Such adjectives and adverbs easily cause ambiguity when they are used. So the adjectives and the adverbs with personal subjective emotions are rarely used in legal English.
2 The semantic precision in legal English documents
In order to avoid any possible confusion and dispute and to defend the dignity of the law, repetition of the same word often occurs in the same sentence or in different parts of the same sentence.转贴于 酷文网-论文下载中心 http://www.coolwen.net
共8页: 上一页 [1] [2] 3 [4] [5] [6] [7] [8] 下一页
网摘收藏:
当前位置:
载入中...
-> 在百度中搜索：
-> 在Google中搜索：