Understanding Legal Language: Characteristics and Structure

Legal Text Characteristics

Legal texts possess unique terminology and phraseology, often referred to as jargon. This conservative language utilizes archaic terms that remain largely static over time. The primary types of legal writing include:

• Policy: Enactment of laws and decrees (e.g., BOE, BOJA).
• Judicial Decisions: Rulings dictated by a court of law.
• Professional Legal Writings: Contracts, powers of attorney, etc.
• Writings of Application: Formal petitions and instances.

Linguistic Features

In terms of structure, legal writing employs a logical and progressive management of content; each section builds upon the previous one. Another key feature is objectivity. Declarative sentences are typically written in the third person singular, utilizing impersonal, passive, and reflexive passive constructions without an agent. This ensures the language is explicit, leaving no room for ambiguity or misinterpretation.

Morpho-syntactic Level

The morpho-syntactic structure is divided into nouns, adjectives, and verbs:

• Nouns: Characterized by an absence of articles and a predominance of nouns paired with anaphoric demonstrative determiners (e.g., "this").
• Verbs: Frequent use of obsolete verb forms (such as the present subjunctive), future indicative, imperative periphrasis, timeless present, and non-personal forms. It also incorporates Latin-derived present participles (e.g., applicant, complainant).
• Adjectives: Specific adjectives are often placed before the noun to establish a solemn style. They are also used to define the noun's meaning or through synonymic addition.

Syntax and Semantics

The syntax is highly complex to ensure comprehensive explanations, featuring coordinated (adversative and dilemma) and subordinate clauses. At the semantic level, the text is rich in vocabulary and technicalities, often incorporating archaic and Latin terms. The predominant language functions are:

• Referential: Reporting information objectively.
• Appellative: Directing the reader's attention.
• Aesthetic: Maintaining a solemn and oratory style.

Document Structure

Standard legal correspondence typically follows this structure:

• ID: Name, company logo, address, phone, fax, e-mail, and website.
• Date
• Recipient: Name, position, and address.
• Reference: The department issuing the letter.
• Subject: A brief mention of the cause for the letter.
• Greeting