Yet I'm not aware of any outrage against the corruption of our legal language by the Romans. Just look at some of the ridiculous phrases I've found in Virginia law:
- Mutatis mutandis (139 references)
- Guardian ad litem (158 references)
- Sui juris (5 references)
- subpoena duces tecum (83 references)
- subpoena ad testificandum (1 reference)
- Habeas corpus
- Fiduciary
- Affidavit
There are perfectly good English words and phrases that could be used to make the law more understandable to common people. How many non-attorneys have a clue what "subpoena duces tecum" means? I'd bet the number is ZERO unless someone has been subjected to one.
And isn't one of the cornerstones of Western jurisprudence (OMG, there it is AGAIN) that the common people have the ability to read and understand the law?
2 comments:
Every subject has its own language that the initiated are required to learn. Compare the modest number of Latin phrases you lay out here versus the mind-numbing number of computer/email/Internet phrases, acronyms and cute "buzz" words. Yet, no complaints on that front. I suspect that is because you know that code.
In the end, it's all about what you invest in terms of your learning time.
It's true that there are niche "languages" in any profession. But the difference between those and the law is that you are expected to know and follow the law solely by virtue of being present in the United States. Failure to do so involves serious penalties.
Ignoring the IEEE 802.11 wireless standard won't get you thrown into prison, but ignoring Title 18 of the US Code very well might. To do so, you are expected to know, and understand those obscure Latin "buzz" words.
Ignorance of the law is no excuse (including the Latin parts). You can opt out of learning those, but you might have your first Latin lesson in a jail cell.
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