IMPORTANCE OF LANGUAGE FOR LAW
Law is made by means of language. Law is controlled by logic. It is an admitted fact that the working of an advocate is attached to words. Words are not only the instruments of thoughts but they also control them. Advocates adopt language which makes his interpretation and construction strong. Thus, the words are not object themself but are means to achieve objects. Law by means of language establishes social control and also performs its working. For example-Rights, Duties and Torts, these terms are carriers of social control. It is a universal fact that the scope for use of language in law is very wide and extensive, Language fulfils two objectives in law-
(i) First rule is that it assists in making statement relating to fact
(ii) Second rule is that it assists and gives effect to convincing. Interpretation of statute is done by means of language which is to be called legal language. However, static form of law can be seen in reports, Constitution and in text books. Dynamic form of law can be seen in judgments, arguments and drafting.
Words contain magic. Sometimes two words appear to be the same in their meaning, but use of analytical legal mind in it may show micro difference in their meaning. Ultimately, such differences in words amount to different legal results. It has been experienced that there are words which ostensibly express no different meanings but in legal analysis micro different meanings are found. Therefore, such differences in meanings are capable of delivering different legal consequences.
Thus, it can be said that difference in meaning of words cause different legal consequences. Though, efforts are being made to remove such magic effects of words, superficial magic effect of words still continues.
Admittedly, language has always remained important for law. Good command over language would make law admissible and application of law would be easy. Thus, if the language used in law is clear, simple and popular it would be convenient to implement and hence, it would achieve its purpose.
