Volume 04 Issue 11-2024
11
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
11-13
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article provides an extensive discussion of legal language and the concept of clarity within legal language. It
explores the perspectives of scholars on the notions of rhetoric, clarity, and sincerity in the field of law, analyzing their
differing and similar views. Theoretical foundations of clarity in legal discourse, both historically and in contemporary
legal culture, are established and enriched with examples.
KEYWORDS
Legal language, rhetoric, synegorians, logographers, jurisprudence, lawyers, jury, defendant, admission, punishment.
INTRODUCTION
Language is an adornment of wisdom and intellect.
Words are sacred and should serve only for good and
positive purposes. According to Greek philosophers,
language is the key to the treasury of wisdom, and a
person's knowledge and manners are clearly reflected
in their words. Lawyers, especially, interact with a wide
range of people in social life, encountering various
categories of individuals (witnesses, victims, suspects,
criminals, etc.). During investigation and trial
processes, their careful attention to language is
evident. Additionally, it is impossible to envision the
legal profession without official documents. Filling out
various investigation reports, preparing judgments,
drafting prosecutorial speeches, and other formal
documents all rely on their literacy and ability to use
language effectively. Thus, it is a requirement of the
times that a future lawyer is a skilled speaker, with a
logical and persuasive speech.
LITERATURE REVIEW
The language with orthographic, lexical, grammatical,
and stylistic features specific to branches of
jurisprudence is legal language. As noted by prominent
Research Article
CLARITY IN LEGAL LANGUAGE
Submission Date:
October 29, 2024,
Accepted Date:
November 03, 2024,
Published Date:
November 08, 2024
Crossref doi:
https://doi.org/10.37547/ijll/Volume04Issue11-03
Mirzakamolova Sadoqatxon Sayidaxmadovna
Doctoral Candidate at Namangan State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijll
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 11-2024
12
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
11-13
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
legal scholar Professor A.Kh. Saidov, “Legal language
is the result of millennia of development and the
experience of many generations” [1]. “Legal language,
which embodies the historical experiences of legal
evolution, is an undeniable value and an integral part
of legal culture” [2].
The role of Greek judicial formalities in the
development of the art of administrative rhetoric is
noteworthy. During the rule of Solon, before the
common era, every Athenian citizen had the right to
defend themselves in court. Naturally, this situation
compelled people to cultivate cultured and effective
speech. However, not everyone was able to master
oratory skills fully in the speech process. Thus, the need
arose in Greece for speechwriters who would prepare
written speeches. Orators and lawyers began to write
speeches for defendants in exchange for payment,
which defendants would use in court to defend
themselves. For those who could not manage oratory,
it was permitted by the court to recommend another
person as a defender. In Greece, those skilled in the art
of rhetoric were called synegorians, and their speech
was known as synegoria. These synegorians are
considered the ancestors of today’s lawyers, who are
an essential part of the jury. Speechwriters who
prepared speech texts were known as logographers.
Synegorians differed from logographers in that they
not only wrote speech texts but also defended the
accused.
METHODOLOGY
In jurisprudence, speech can take both oral and written
forms. However, these two forms differ in some
respects. Oral speech exists only at the moment it is
spoken by the prosecutor, court, lawyer, or
investigator, and it ends once the speaking process
concludes. Nevertheless, information, judgment, or
messages delivered in oral speech can have a lasting
impact on the listener's mind and influence the
behavior and feelings of the listener
—
be it the
accused, a witness, or the defendant. Furthermore, in
legal oral speech, the active verbal actions of the
speaker, including pauses, tone, emphasis, prolonged
pronunciation of vowels, and various gestures
(gestures and facial expressions), play an important
role in effectively conveying meaning to the listener.
Legal language can be divided into several types
according to its nature, including the language of law,
scientific jurisprudence language, judicial language,
legal pedagogy language, legal journalism language,
prosecutor's language, and lawyer's language.
Although
these
types
are
linguistically
and
grammatically close, they each have distinct
characteristics. For instance, the terms used in civil
court (party arguments, initiating claims, decision-
making, granting claims) differ significantly from those
used in criminal court (fraud, genocide, violation of
honor, terrorism) [3, p. 14].
The primary characteristic of legal language is its
formal tone. Precision, logic, brevity, and accuracy are
norms that determine the credibility of legal language.
The language of law is the official legal language of the
state and serves as a means of "communication"
between the state and its citizens. The language of law
is the core, the “essence” of legal language. I
ts main
attributes include a) clarity, b) brevity, c) impersonality,
d) formal tone, e) objectivity, f) logical coherence, and
g) consistency [4].
In our view, one form of speech where potential clarity
exists is legal speech. Let us briefly outline the unique
aspects of achieving clarity in this type of speech. Legal
Volume 04 Issue 11-2024
13
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
04
ISSUE
11
P
AGES
:
11-13
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
speech reflects the interactions of its participants
according to a system of rules, instructions, and
behavioral norms regulated by law and oriented
toward specific statuses.
RESULTS
The relations between participants are fully subject to
norms, and their realization is a fundamental
requirement of this type of speech. Legal speech is
divided into several types according to the
communicative goals directly associated with the
activity type of the communicator. These include
investigative questioning, requests, summonses,
applications, etc. The statements arising from these
forms during a court session lead to decisions.
Additionally, the concept of personal confession or
admission in legal speech, or what is referred to as
"admission," holds particular interest for us, as it
implies openness and transparency in legal discourse.
Moreover, the openness of legal communication,
distinct from the secrecy or confession in everyday or
religious discourse, has a legal basis and is regulated by
legal norms. This often extends beyond the mere
outline of the committed crime and is further verified
by
various
analyses,
including
investigative
experiments, to ensure the truthfulness of the
statements made.
CONCLUSION
It should also be noted that an investigator must frame
their questions and select language in such a way that
they are clear, understandable, and accessible to the
respondent. To achieve this, the investigator should
consider the linguistic experience level of the
respondent and be fully skilled in the communicative
strategies and psychology of legal dialogue.
Constructing legal communication based on clarity,
transparency, sincerity, and impartiality directly
depends on both parties involved in the legal
interaction.
REFERENCES
1.
Saidov, A. "Legal Language Characteristics." Law
and Language. Tashkent, 1997, p. 64.
2.
Usmonov, S. Culture of Speech for Lawyers.
Tashkent, 2005, p. 14.
3.
Ko'chimov, Sh.N. "Language and Legislative
Techniques." Law and Language. Tashkent, 1997,
p. 114.
4.
Palashevskaya, I.V. Judicial Discourse: Functions,
Structure, Narrativity: Monograph. Volgograd:
Paradigm Publishing, 2012, p. 148.
