DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY, LUCKNOW

2012-2013

ROUGH DRAFT
LANGUAGE OF LAW
TOPIC: LANGUAGE, LAW AND POWER

SUBMITTED TO: -

SUBMITTED BY:-

Ms.DEEPIKA URMALIA

GEETHIKA.M.A

Asst. professor

SEMESTER II
B.A.LLB
SECTION A

INTRODUCTION
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The law is a profession of words.

- David Mellinkoff
By means of written language national constitutions come into existence, laws and statutes are
enacted, and contractual agreements between private individuals take effect. Spoken language is
just as indispensable to the legal process. One needs look no further than the courtroom, whether
it be the interrogation of plaintiffs and defendants, the testimony of witnesses, the pleadings by
attorneys, or the instructions from a judge to a jury. The legal implications of language continue
to extend far beyond the courtroom to interactions between police and suspects, to
conversations between lawyers and their clients, to law enforcements use of surreptitious
recordings, and to such unlawful speech acts as offering a bribe, or issuing a threat, or making a
defamatory statement. A little reflection suffices to reveal just how essential language is to the
legal enterprise.
For human beings to produce the means of subsistence they have to cooperate and in order to do
so, they have to communicate. Language is the main instrument of communication at the
disposal of human beings; consequently, the specific language in which the production processes
take place becomes the language of power. To put it differently, if one does not have the requisite
command of the language of production, one is automatically restricted in ones options as
regards access to employment and all that implies in a state where employment opportunities are
hierarchically structured and differentially rewarded. At this point, the relationship between
language policy, class and power ought to become intuitively obvious.
The other source of the power of language is its function as a transmission mechanism of
culture or, more popularly, its role in the formation of individual and social identities. Being
able to use the language(s) one has the best command of in any situation is an empowering factor
and, conversely, not being able to do so is necessarily disempowering. The self-esteem, selfconfidence, potential creativity and spontaneity that come with being able to use the language(s)
that have shaped one from early childhood (ones mother tongue) is the foundation of all
democratic politics and institutions.
OBJECTIVE OF STUDY:

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The history of humanity is not only a history of socioeconomic activity. It is also a history of
semiotic activity. It should be stated quite clearly, that it is not true that languages simply develop
naturally, as it were. They are formed and manipulated within definite limits to suit the
interests of different groups of people. Indeed, it is a fact that in any modern state, whether or not
it is explicitly acknowledged by governments, languages are always planned, in that legislation
prescribes, often in great detail, where and how one or more languages are to be used.
This research paper aims to deal with the analysis of language in law and power and their inter
relations.

SOURCES OF DATA:
The data for this research will mainly be collected from secondary sources like books, articles,
online journals and websites. The data so collected will be analysed thoroughly and interpreted
as per the aim of the research.

METHOD:
Analytical method is used to answer the research questions. But the general trend of this project
is descriptive.

HYPOTHESIS:
Language is always the most important tool in the hands of the powerful. If observed the
language in which the law of the land is written is the language of the people in power. Due to
this common man finds it difficult to understand the law of his own country. To be denied the use
of this language is the very meaning of oppression.
RESEARCH QUESTIONS:
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1.
2.
3.
4.

How language, law and power are interconnected?

How a language can be as imposing as any law?
Does legal language lack the clarity it requires?
Intention of speaker and comprehension of listener: are they always the same?

TABLE OF CONTENTS
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Acknowledgment
Introduction
Language as power
Dialects of language and power
Ambiguity in language and misunderstanding in law
Linguistic metaphor and legal fiction
Speech acts and legal hearsay
A linguistic analysis of promise and contract formation
conclusion

BIBLIOGRAPHGY
BOOKS
1. Conely, John.M, and Willaim M. OBarr, Just Words : Law, Language and Power. 2nd ed.
Chicago: The University Of Chicago Press, 1998. Print.
WEBSITES
1. http://grammar.ucsd.edu/courses/ling105/introduction.pdf
2. http://www.uni-graz.at/neville-article_1__text4.pdf

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