MINISTRY OF EDUCATION & TRAINING HO CHI MINH CITY UNIVERSITY OF LAW GRADUATION THESIS B. DEGREE IN ENGLISH Major: Legal English USING PLAIN ENGLISH TO DEAL WITH LEGAL ENGLISH’S PROBLEMS Supervisor: PHAN LE CHI, MA Student: TRAN TUAN KHANH Student ID: 1952202010022 Class: LE44A Ho Chi Minh City, 2023 ACKNOWLEDGEMENT My thesis, entitled “Using Plain English To Deal With Legal English’s Problems” is the result of four months of dedicated research and hard work. I would like to express my gratitude to my instructors, teachers, friends, and family for their invaluable support in enabling me to accomplish my thesis. As I approach the end of my four-year educational program at the Ho Chi Minh City University of Law, I contemplate the valuable knowledge and skills that I have gained during my tenure here.
I wish to extend my heartfelt appreciation to Mrs. Phan Le Chi for her steadfast commitment and invaluable mentorship during the research and implementation stages. I am sincerely grateful for her support, which has been crucial to the success of this project. I wish to convey my heartfelt appreciation to you once again and offer my best wishes for your continued good health.
I would like to express my gratitude to my class advisor, Mr. Luong Minh Hieu, for his dedicated guidance throughout the past four years. I also would like to express my gratitude to Mr. Nham Thanh Lap, a former professor at the school, who inspired me in the first place.
I also thank the other lecturers who have consistently provided their support and advice. I wish to extend my heartfelt appreciation to the esteemed faculty members and lecturers for their diligent guidance throughout the course. Your dedication to sharing valuable knowledge and fostering a positive learning environment is truly admirable. I appreciate your patience and commitment in guiding our academic progress.
I would like to express my sincere gratitude to my colleague, Le Pham Tuyet Ngan, for their consistent support and encouragement during this project. Ngan consistently provided emotional and intellectual guidance, which was immensely valuable, even while being engrossed in her own pursuits. I have been consistently supported by her valuable insights, constructive feedback, and motivational words. Having a reliable and supportive person who believed in my work has significantly impacted my journey.
I appreciate the friendship and positive influence she has had on my academic endeavors. Dear Tuyet Ngan, I sincerely appreciate your outstanding support and feel grateful to have you as my companion. I would like to express my sincere gratitude to my family for their unwavering companionship, encouragement, and support throughout this journey. I am grateful for the valuable assistance, lessons, experiences, support, and trust provided by all parties involved.
I would like to extend my heartfelt appreciation for your efforts. TABLE OF CONTENT CHAPTER 1: INTRODUCTION. Background of the study. Statement of the problems.
4 CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY. Plain English: Concept and History. Legal English: Concept and History. The differences between Legal English and Plain English.
11 CHAPTER 3: LEGAL ENGLISH’S PROBLEMS. Vocabulary and Terminology. Sentence Structure and Syntax. Jargon and Technical Language.
Verbose and Redundant Writing. Impenetrable Legal Documents. Exclusionary Nature of Legal Language. 19 CHAPTER 4: METHODOLOGY OF APPLICATION.
Vocabulary and Terminology. Sentence Structure and Syntax. Jargon and Technical Language. Verbose and Redundant Writing.
Impenetrable Legal Documents. Exclusionary Nature of Legal Language. 32 CHAPTER 5: SYNTHESIS OF LITERATURE AND EXPERT OPINIONS. Review of relevant studies and research on the use of Plain English in legal communication.
Analysis of case studies and examples showcasing the benefits of Plain English adoption. Examination of expert opinions and perspectives on the role of Plain English in legal language reform. Limitations and gaps in the existing literature on Plain English in the legal field. 44 CONTENT CHAPTER 1: INTRODUCTION 1.
Background of the study. The intricate and specialized language of Legal English can present significant obstacles for individuals not trained in the field. Legal documents are frequently written formally and technically, incorporating jargon that may prove indecipherable to the average person. Employing Legal English can result in confusion and misunderstanding during legal proceedings, leading to costly errors and unfavorable legal outcomes.
Moreover, Legal English is a language without standardization and can vary considerably by jurisdiction. This variation in terminology and phrasing further compounds the difficulties for non-legal professionals attempting to navigate legal documents and communications, exacerbating the challenges to accessibility. Given the potential impact of legal language on legal outcomes and accessibility, it is imperative to undertake a comprehensive study comparing the use of Legal English and Plain English in legal documents and communications. This investigation would offer legal professionals and non-legal professionals alike a better understanding of the implications of language for legal outcomes and accessibility.
The study could delve into the comprehension and effectiveness of legal documents and communications written in both Legal English and Plain English by legal professionals and non-legal professionals. Additionally, it could assess the temporal and resource allocation costs of producing documents in both styles. The findings of the study could hold significant implications for legal professionals, as well as individuals and organizations navigating the legal system. The use of Plain English has the potential to enhance the accessibility and comprehensibility of legal documents and communications, potentially reducing confusion, errors, and disputes.
Nevertheless, Legal English may be indispensable for precision, accuracy, and compliance with legal standards and precedents. Hence, the study would have the potential to generate critical insights into the advantages and limitations of each style, ultimately informing best practices for legal communication. 1 In conclusion, a study comparing Legal English and Plain English can yield valuable insights into the impact of language on legal outcomes and accessibility. The findings of such a study could inform best practices for legal communication, improving access to justice for all individuals and organizations.
Statement of the problems. The objectives of a study about Using Plain English To Deal With Legal English's Problems could include the following: 1. To identify the specific problems with Legal English that make it difficult to understand for non-legal professionals. To assess the effectiveness of using Plain English to address the identified problems with Legal English.
To evaluate the comprehension of legal documents and communications written in Plain English compared to Legal English by legal professionals and non-legal professionals. To investigate the impact of using Plain English on legal outcomes, such as reducing errors, disputes, and confusion. To develop guidelines and best practices for using Plain English in legal documents and communications that address the identified problems with Legal English. To assess the feasibility and cost-effectiveness of using Plain English in legal documents and communications, including any potential challenges or barriers to implementation.
To investigate the potential impact of using Plain English on access to justice and the legal system for individuals and communities who may struggle with legal language. Overall, the objectives of a study about using Plain English to deal with Legal English's problems would aim to provide valuable insights into the benefits and drawbacks of using Plain English in legal documents and communications, and inform best practices for legal professionals to improve accessibility and understanding for non- legal professionals. The subjects of a study comparing Legal English and Plain English in legal documents and communications could include legal professionals and non-legal professionals. Legal professionals could include lawyers, judges, legal assistants, law students, and other legal practitioners who are familiar with Legal English and use it regularly in their work.
Non-legal professionals could include individuals who do not have a legal background, such as members of the public who are not lawyers, law students, or legal professionals. This could include individuals who are involved in legal processes or transactions, such as plaintiffs, defendants, witnesses, or jurors. Additionally, there is a particularly unique group, namely students studying Legal English at the Ho Chi Minh City University of Law. This group includes individuals who are familiar with Legal English but also use everyday English at a proficient level.
In this study, the approach taken is quite complex, given the various languages associated with it that require investigation within a limited field. Therefore, the author of this thesis narrowed down the area of research from Legalese and Plain Language to Legal English and Plain English. This research aims to support the idea of encouraging learners of Legal Language to use Plain English more frequently, while not completely replacing Legal English with it. Indeed, the use of Legal English can be challenging for those who are not trained in the field, given its complex and technical language, which can be confusing for the average person.
Furthermore, Legal English can vary by jurisdiction, and there may be differences in terminology and phrasing that can cause confusion or misinterpretation. The research questions include: 1. How is Legal English different from Plain English in terms of concept and usage? 2. How to use Plain Language to solve Legal English’s Problems? 3 1.
This research article focuses on the 2 types of languages that are familiar to students majoring in Legal Languages Faculty at Ho Chi Minh University of Law is Legalese and Plain Language. This article aims to to describe the relationship the between the aforementioned languages based on the features that they have in common such as definition, history… and from that to cope with unsolved problems of Legalese. The research methodology used in this article is library research method. Library research is a method of research that involves the use of existing resources such as books, articles, and other materials to collect information on a specific topic.
It is a form of secondary research that does not involve primary data collection, and it is often used in theoratical or scientific research. The steps of conducting the research can be summarized as follows. Plain English and Legal English: Concepts and Brief History Legal English’s Problems Methodology of Application Synthesis of Literature and Expert Opinions Conclusion Bibliography 4 CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY 2. Plain English: Concept and History.
Concept The notion and definition of Plain English has evolved over time and has been a subject of discussion and advocacy in various fields, including law, business, government, and communication. Plain English refers to a writing style that aims to make information clear, concise, and easily understandable to the intended audience. It is a communication approach that prioritizes simplicity, clarity, and effectiveness, and seeks to eliminate jargon, unnecessary complexity, and ambiguity in written or spoken language. Ernest Gowers, in his influential book “The Complete Plain Words”, published in 1954, emphasized the importance of using plain language in government and public communication.
Gowers argued that complex and bureaucratic language often used in official documents, forms, and letters can create confusion and hinder effective communication with the public. He advocated for the use of plain words and simple expressions that are easily understood by the general public, without compromising accuracy or legal precision. Wydick, in his book “Plain English for Lawyers”, published in 1978, focused specifically on the use of plain language in legal writing. Wydick argued that the traditional legal writing style, often characterized by archaic language, lengthy sentences, and technical jargon, can create barriers to understanding for clients, judges, and other stakeholders in the legal profession.
He emphasized the importance of using Plain English in legal documents, such as contracts, pleadings, and legal opinions, to ensure clarity, precision, and accessibility in legal communication. Martin Cutts, in his “Quick Reference Plain English Guide”, published in 1995, provides practical guidance on using Plain English in various professional contexts, including legal writing. Cutts emphasizes the need to consider the needs and expectations of the target audience when using language in professional communication. He provides tips and techniques for simplifying complex information, avoiding jargon and unnecessary technical terms, and organizing content in a clear and coherent manner.