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Coursework

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© © All Rights Reserved
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MINISTRY OF SCIENCE AND EDUCATION OF UKRAINE

LVIV POLYTECHNIC NATIONAL UNIVERSITY

INSTITUTE OF COMPUTER SCIENCES AND INFORMATION


TECHNOLOGIES

Department of Applied Linguistics

COURSE PAPER IN THE MODERN ENGLISH

‘ETYMOLOGY OF ENGLISH LEGAL TERMINOLOGY’

Presented by:

The student of the group FL-34

Omeliukh V.V.

Supervised by:

Senior lecturer

Syndeha R. Y.

LVIV 2024
2

Table of contents

INTRODUCTION.......................................................................................................3
CHAPTER 1: THEORETICAL BASIS FOR LEARNING ENGLISH LEGAL
TERMINOLOGY........................................................................................................6
1.1. HISTORICAL INFLUENCES OF GERMANIC LANGUAGES ON
ENGLISH LEGAL TERMINOLOGY..................................................................7
1.2. LINGUISTIC ASPECTS OF LEGAL TERMINOLOGY: WORD
FORMATION PROCESSES AND SEMANTIC CHANGES.............................9
CHAPTER 2: ETYMOLOGICAL FEATURES OF ENGLISH LEGAL
TERMINOLOGY......................................................................................................12
2.1. LATIN AND FRENCH BORROWINGS IN LEGAL TERMINOLOGY:
HISTORICAL CONTEXT, SEMANTIC CHANGES, POLYSEMY AND
SOCIO-CULTURAL INFLUENCE.....................................................................12
2.2. THE DEVELOPMENT OF PURELY ENGLISH LEGAL TERMS: A
HISTORICAL PERSPECTIVE...........................................................................16
CHAPTER 3: PRACTICAL ANALYSIS OF THE ETYMOLOGICAL
FEATURES OF ENGLISH LEGAL TERMINOLOGY.......................................19
3.1. CLASSIFICATION OF LEGAL TERMS BY THEMATIC GROUPS....19
3.2. ADAPTATION OF BORROWED TERMS: CALCULATION AND
TRANSLITERATION...........................................................................................22
CONCLUSIONS........................................................................................................24
REFERENCES..........................................................................................................26
ABSTRACT...............................................................................................................27
3

Introduction

English legal terminology has a diverse etymological origin. It is represented


not only by purely English terms, but also by Latin, French, Greek and German
words that entered it in different periods under the influence of various factors. The
main groups are English, Latin, and French terms. This diversity is explained by the
special development of the English language, its interaction with other languages, as
well as historical events in the British Isles that influenced the development of the
judicial system and legal terminology.

The main extralinguistic factors that have influenced the formation of British
law and the development of its terminology include:
1) The influence of Roman law, which has had a significant impact on the
development of the English legal system, in particular through canon law
and the Latin language.
2) Christianization, which brought not only religious changes but also
important legal influences through canon law.
3) The Norman Conquest of Britain, after which French became the main
language of legal proceedings and remained so for several centuries.

The linguistic factors that contributed to the development of this layer of


English legal terminology include the interaction of English with other languages and
the need to label new legal concepts. English began to be used in the country's
judicial system in the 15th century and became its sole official language only in the
18th century. Prior to that period, Latin and French were predominantly used.

The subject of the research is to study the etymological features of English


legal terminology. The English legal language consists of terms of different origins:
4

English, Latin, French, as well as terms borrowed from Greek and German. These
terms have entered the English legal system under the influence of various historical
processes, socio-cultural changes and linguistic factors. It is important to understand
how these terms were borrowed and adapted in the UK legal system.

The main issue is to study how historical events, such as the Norman
Conquest, Christianisation, and the influence of Roman law, influenced the formation
of legal terminology in England. Particular attention is given to terms that became
part of the English language through Latin and French borrowings.

The aim of this paper is a study of the etymology of English legal


terminology, with an attention to the historical, cultural and linguistic factors that
have contributed to the formation of this layer of vocabulary. The study also aims to
show how legal terms that have been borrowed from other languages have been
adapted in the English legal context, and how they function in the modern practice of
English law.
The main objective is to understand how the development of the English
language, its interaction with other languages and historical circumstances have
influenced modern legal terminology, and to identify the main sources of borrowings
and their role in the formation of the modern system of legal terms in England.

The goals of the course paper research:


To study the role of Latin and French borrowings. Latin and French have had a
significant influence on the development of English law. It is necessary to study how
and when these terms entered the English language and what legal concepts they
denote.
Analyze the historical factors that have influenced the formation of legal
vocabulary. It is necessary to trace how historical events (e.g., the Norman Conquest,
Christianization, the influence of Roman law) contributed to the formation of modern
English legal terminology.
5

Identify cultural and linguistic interconnections. Explore how changes in


English law and interaction with other cultures influenced the development of
English legal terminology.

The theoretical part of the course work is focused on the analysis of various
aspects of the formation of English legal terminology. The following topics will be
considered in this part.
1) Theoretical principles of etymological research — an outline of the main
theories and approaches to the study of etymology, in particular theories
of language borrowing.
2) Linguistic aspects of legal terminology — analysing the structural,
semantic and syntactic organization of terms that have entered English
through borrowing.
3) Historical background to the development of legal vocabulary — a study
of the key historical events that contributed to the formation of the
English legal system and its lexical apparatus.
4) This study also examines the factors that motivate borrowing and
adaptation of terms in the English legal context.
5)
The theoretical value of the work is that it provides a comprehensive study of
the process of etymological development of English legal terminology. The work
reveals the mechanisms of language borrowing, its adaptation and functioning in the
modern legal discourse of England.
It also contributes to the study of cultural and social influences on linguistic
processes reflected in legal terminology. This work will help to understand the deep
connection between historical events, legal institutions and linguistic changes.
6

Chapter 1: Theoretical basis for learning English legal terminology

Legal terminology is a set of specialized terms that have well-defined


meanings and are used in the legal field to express legal concepts accurately and
clearly. Its characteristics — precision, unambiguity and conservatism — provide for
the accuracy of legal language and its compliance with legal norms.

The accuracy of legal terminology. Accuracy is one of the most important


requirements for legal language. Legal documents, such as laws, contracts, and court
decisions, must be clear and accurate to avoid any possibility of ambiguity. Precision
in legal terminology means that each term has a clearly defined meaning that does not
allow for different understandings depending on the context. This ensures one-to-one
legal interpretation and consistent application of legal standards.
An example is the difference between “manslaughter” (unintentional murder)
and “murder” (intentional murder). In general communication, these terms may be
used as synonyms, but in a legal context they have clearly defined meanings that
imply different legal consequences. In this case, legal precision is critical to
determining the degree of responsibility of the person who violated the law.
In addition, legal language avoids overly emotional expressions and value
judgments that may affect its objectivity. For example, in the text of judicial
decisions, terms should be used in their ordinary sense, avoiding synonyms or
figurative expressions that could lead to different interpretations.

Unambiguity of legal terminology. Unambiguity is closely related to


precision and means that a term has only one meaning within the legal discourse. An
important feature of legal texts is the avoidance of homonymy, as even the slightest
ambiguity in legal language can lead to different understandings of legal norms and
errors in law enforcement.
The use of unambiguous terminology minimizes the possibility of differences
in interpretation of laws, which is especially important for legal systems based on
7

precedents (as in the case of English law). In English legal language, special terms
are developed to achieve unambiguity, avoiding everyday meaning and
understanding. For example, “consideration” in the legal context means
“compensation or benefit in a contract”, while in everyday communication this word
may have a completely different meaning.
Legal documents contain terms that are defined in the text itself or in the
relevant regulation. This helps to ensure that each term is understood in accordance
with a single meaning that is consistent with the content of the legal act.

Conservatism of legal terminology. The conservatism of legal terminology is


associated with its stability and resistance to change. In the legal field, conservatism
is expressed in the fact that terms and their meanings remain unchanged for long
periods of time. This ensures the consistency and continuity of legal documents and
decisions, as the meaning of terms remains clear to lawyers for many decades and
sometimes centuries.
Legal language actively preserves words and phrases of Latin and French
origin, which eventually became part of the English legal system. Latin terms such as
“habeas corpus”, “sub judice”, “a priori” are still used in modern legal texts and have
a standard meaning understood by lawyers around the world. This helps to maintain
international consistency in legal terminology and makes it easier to translate and
understand legal documents in international law.
Conservatism also provides stability and continuity to the legal system.
However, given the need to adapt to modern conditions, conservative legal
terminology is periodically updated, although new terms are introduced gradually and
only when absolutely necessary.

1.1. Historical influences of Germanic languages on English legal


terminology.
Speaking about the theoretical basis of learning English legal terminology, it is
impossible not to mention the influence of Germanic languages on its formation.
8

The influence of Germanic languages on English legal terminology can be


traced back to the Anglo-Saxon period, which lasted from the fifth to the eleventh
centuries. The Anglo-Saxon vocabulary had a great influence on the English legal
system, as the legal culture formed during this period left its mark on the linguistic
structure of legal texts and judicial traditions. Many of the terms that have survived
from this period are still crucial to the modern legal system and reflect the concepts
of justice, law, and punishment.

Formation of Anglo-Saxon law and legal language. The Anglo-Saxon legal


system was based on the habits and traditions of the Germanic tribes that inhabited
the British Isles. It was based on unwritten customary law that was passed down
orally and gradually documented in written sources. In the Anglo-Saxon period, laws
took the form of short ordinances or “dooms” that regulated basic aspects of life such
as crime, punishment, and settlement of disputes.
Legal terms that emerged during this period had direct Germanic roots. For
example, the word “law” comes from the Old English word “lagu”, meaning
“custom” or “norm of behavior”. Similarly, the word “right”, which in a legal context
means “law”, comes from the Old English word “riht”, which referred to honesty and
justice.

Basic Anglo-Saxon legal terms that have survived to this day. Many terms
that originated in the Anglo-Saxon world are still used in modern legal language.
Here are a few examples of such terms:
“Law” (lagu) — this term has become established in the legal system as the
basic term meaning “law”. Although Latin and French terms were added later, it
retains its basic meaning in English.
“Wergild” meant “blood money” or compensation paid to the family of a
murdered person. In modern law, this principle of compensation has been retained as
the general concept of reparation.
9

“Moot” (gemot) meant a meeting or conference at which important matters


were discussed. This term is used in modern law to refer to moot court proceedings
(e.g., moot court).
“Witness” (witnessian) — comes from the Old English word meaning “to
testify” or “to be present”. This word is still widely used today to refer to a person
who testifies to events or facts.
These terms are evidence of the influence of the Anglo-Saxon legal system on
the English language, as they have retained their meaning and function in modern
legal discourse.

The influence of Germanic vocabulary on the modern English legal


system. In the Anglo-Saxon era, special attention was given to the concepts of justice
and responsibility, which are rooted in basic legal concepts of Germanic origin.
Terms such as “truth” and “trust” are also of Anglo-Saxon origin and are fundamental
to legal documents and laws. Their preservation in modern English underlines the
continuity of legal traditions and the importance of accuracy and truthfulness in law
enforcement.
The concepts of “common law” and “equity” are also partly based on Anglo-
Saxon traditions, although they were later influenced by Norman law. This continuity
ensures the unity of the English legal system, in which precedents based on Anglo-
Saxon common law play an important role.

1.2. Linguistic aspects of legal terminology: word formation processes


and semantic changes.
The legal terminology of the English language not only retains traces of
borrowings from Latin, French and Germanic languages, but has also been formed
through inner linguistic processes. Word formation and semantic changes have made
it possible to adapt and modify terms to meet the growing needs of the legal system.
The main word-formation processes in legal English are derivation (formation of new
words by means of suffixes and prefixes), composition (combining two words) and
10

semantic changes (expanding or narrowing the meaning of terms). Let's take a closer
look at each of these processes.

Derivation in legal terminology. Derivation, or word formation using prefixes


and suffixes, is one of the most important processes in the formation of legal terms in
English. Derivation allows not only the adaptation of borrowed terms, but also the
creation of new words based on existing ones.
Suffixes: In legal English, suffixes are often used to denote the roles and
functions of persons in the legal system. For example, adding the suffix -or or -er
creates terms for people who perform certain functions, such as “executor” (a person
who carries out the will of the deceased) and “defender” (a person who protects
interests in court).
Prefixes: prefixes allow you to clarify the meaning of legal terms by
emphasizing certain features of an action or process. For example, the prefix re- in
the words “retrial” or “reconsideration” means repeated action. This approach makes
legal texts easier to understand and standardizes terminology.
Derivation plays a key role in adapting foreign terms to the English legal
system. For example, the Latin word "contract" has given rise to derivative forms:
“contractual”, “contracted”, which extend the functionality of the basic term in legal
documents.

Compounding as a way to create legal terms. Compound words, or


compound terms, are another important element of legal English. Compounding
allows you to combine two or more roots to form complex terms that provide a more
precise meaning to describe legal concepts or processes.
Examples of compound terms: In legal English, terms such as “copyright”,
“landlord”, and “courtroom” are very common. Such terms help to define legal
concepts more clearly.
11

Composition in legal terms: Many compound words have Anglo-Saxon origins


and were formed because of the need to accurately describe legal norms. For
example, the word “lawmaker” literally means “one who makes a law”.
Compounds often become key elements of legal documents because of their
ability to reflect complex meaning and combine multiple concepts into one term.
Composition is one of the most effective ways to expand legal vocabulary while
maintaining its accuracy and unambiguity.
12

Chapter 2: Etymological features of English legal terminology

2.1. Latin and French borrowings in legal terminology: historical context,


semantic changes, polysemy and socio-cultural influence.

Historical context: the main factors of borrowing legal terms. The English
legal system has been shaped by a number of important historical events. Legal
terminology was especially influenced by the Roman Empire:
The influence of the Roman Empire: The Roman Empire, which lasted from 27
BC to 476 AD, had one of the most advanced legal systems of its time. Roman law
laid the foundations for many modern legal concepts. Latin became the main
language of law, science and the Church in Europe. Many Roman legal terms, such as
“jus” (right), “lex” (law), “contractus” (contract), have been borrowed by other
languages, including English.
Christianisation of Britain: The Christianisation of Britain began with the
mission of St Augustine in 597 and brought a significant influence on the legal
system through canon law. Canon law made wide use of Latin, and many Latin terms,
such as “testamentum” (will) and “culpa” (guilt), became part of the legal language.
The Norman Conquest: After the conquest of England by William the
Conqueror in 1066, French became the main language of legal proceedings and
administration. Most legal terms were borrowed from Norman French. This
influenced basic concepts such as “court”, “jury” and “attorney”.

Socio-cultural influences on legal terminology. Legal terms were not only


borrowed as a result of political events, but also adapted under the influence of
cultural and social factors:
Political influence and prestige: Latin had a high social status in medieval
Europe, and the use of Latin terms in law gave authority to legal texts. Similarly,
French became the language of legal proceedings after the Norman Conquest because
it was considered the language of the ruling class and the intellectual elite.
13

Canon law: The influence of Christianity contributed to the popularisation of


Latin in the legal system through canon law, which enshrined moral norms and
principles in Latin terms. This was reflected in concepts such as “culpa” (guilt),
“pacta sunt servanda” (agreements must be respected) and others.
Case law and public procedure: The English legal system developed as a
system of case law, meaning that previous court decisions were used as a basis for
deciding new cases. Many French terms have acquired new meanings and adapted to
the case law system, such as “case” and “precedent”.

Semantic changes and polysemy in legal terminology. Semantic changes and


polysemy are the main processes that influence the development of the meanings of
legal terms.
Semantic changes in legal language occur when existing terms adopt new
meanings or change their original meanings in order to adapt to new legal realities.
English legal terminology has been significantly influenced by such changes,
particularly in the process of borrowing terms from Latin and French. Let me
examine the main types of semantic change.
Types of semantic change. Extension of meaning:
“Property”: the word “property” used to mean exclusively personal property,
i.e. goods belonging to a particular person or group. Gradually, the meaning of the
word has expanded, and now “property” covers all types of wealth, including real
estate, land, intellectual property, etc.
“Right: originally, right meant “correct” or “legal” choice of action. In the legal
context, this meaning has expanded to “right” in the sense of legal or civil liberties.
Today, “right” can mean both human rights and individual rights, such as the right to
free speech or property rights.
“Trust”: trust originally meant reliability between people. Later, the word
acquired an extended legal meaning to refer to a legal mechanism by which one
person (the principal) transfers his or her property to another person (the trustee) to
be managed in the interest of a third person.
14

Narrower meaning:
“Consideration”: in common parlance, “consideration” can mean “attention”,
“regard” or “deliberation”. In a legal context, the term has taken on a narrower
meaning and is now used to refer to a payment or value that is a condition of a
contract. In contracts, consideration refers to what each side agrees to give the other
in exchange for performance of the contract.
“Felony”: in medieval England, a “felony” was any serious crime punishable
by loss of property or even execution. Gradually the term was narrowed to refer to
particularly serious crimes such as murder or burglary.
Change in emotional colouring:
“Notorious”: originally “notorious” meant “well-known”, but over time the
word has acquired a negative connotation and now means “infamous” or “deservedly
questionable”. In legal texts, it is used to refer to people or cases with a bad
reputation.
“Culprit”: originally, “culprit” meant a person who had admitted guilt, but over
time the meaning has changed and the word is now used to refer to any person
suspected or accused of a crime. The change in colour reflects society's stricter
attitude towards criminals.
Semantic changes allow legal terminology to respond to new social realities
while maintaining the commonly understood meanings of terms. This gives legal
language the ability to adapt to the needs of society.

Polysemy in legal terminology. Polysemy is a concept in which a word has


several different interrelated meanings. In legal language, polysemy allows a single
term to cover several aspects of a legal concept. Polysemy is particularly common in
legal language because of its dependence on historical borrowings and the complexity
of legal processes. Polysemic terms are used to conserve linguistic resources, as one
term can cover several meanings at once.
Examples of polysemy in legal terms:
“Case”:
15

A court proceeding: In the common law legal system, a “case” refers to a


specific legal question being heard in court.
Incident: In common usage, “case” simply means “occurrence” or “situation”,
which may reflect unexpected circumstances. This meaning also has some connection
to the legal context, where each “case” is unique and requires an individualised
approach.
“Action”:
A lawsuit or legal proceeding: In a legal context, “action” refers to a legal
process or legal act, such as filing a lawsuit. For example, “to bring an action against
someone” means to file a lawsuit against someone.
Affair or activity: In everyday language, “action” refers to any act or deed.
This meaning is related to the legal context, as every lawsuit is an action in the legal
field.
Active operations of the company: in company law, “action” can also mean
active measures taken by a company in response to certain circumstances.
“Charge”:
An indictment: In criminal law, a “charge” is a formal accusation against a
person. For example, “to be charged with theft” means to be accused of theft.
Financial fee: In a financial context, a “charge” refers to a payment for services
or goods. For example, a “service charge” is a fee for a service provided.
Judge's instruction to the jury: in legal practice, a “charge” may refer to an
instruction or direction given by a judge to a jury before the start of a hearing.
“Law”:
Legal entitlement: in the legal system, a “right” refers to a formalised
entitlement to something, such as property rights or the ability to defend oneself in
court.
Correctness or legality: in a general sense, “right” also means the correctness
or legality of an action.
An entitlement to something: in some contexts, “right” can mean an
authorisation as a claim to something, such as “right to compensation”.
16

The advantage of polysemy in legal terminology is flexibility and economy of


language resources: polysemy allows the use of one term to refer to several legal
concepts, which facilitates the creation of new terms.
Adaptation to different contexts: polysemic terms can be used in different areas
of law while maintaining the relationship between meanings.
Speaking of challenges, the risk of ambiguity is certainly worth mentioning, as
polysemy can lead to misunderstandings and differences in legal interpretation,
especially in international law. And then there is the complexity of interpretation,
since the context of the term must be taken into account in order to avoid
misunderstandings.

2.2. The development of purely English legal terms: a historical


perspective

Historical background of the development of Anglo-Saxon law. The Anglo-


Saxon legal system that existed before the Norman Conquest was based on local
customs and traditions. It was closely linked to the social structure of Anglo-Saxon
society, where the basis of the legal process was a meeting of free men who decided
on offences, punishments and the resolution of disputes. Anglo-Saxon law retained its
autonomy and developed through the so-called “doom books” — collections of legal
practices introduced by kings such as Ethelbert of Kent, Alfred the Great and Cnut
the Great. These laws dealt mainly with criminal and civil law, with an emphasis on
the protection of property, family law and compensation for damages.

Purely English legal terms: selected examples and their development.


“Folkright” (folcriht): this term was used to refer to the rights and responsibilities of
community members. It is derived from “folk” and “riht”. In early English law,
“folkright” referred to the law that applied to all sections of society and regulated
relations within the community. This concept was the basis for the further
17

development of the term “common law”, as it was also based on the principles of
customary law for all segments of society.
“Burh” or “borough”: the word “burh” in Old English meant “fortified
settlement” or “city”. This term was important in the legal system because it defined
areas that had certain rights and privileges. Over time, this word was transformed into
“borough”, an administrative unit with a certain degree of autonomy, where local law
was in force. The concept of “borough” has survived in the modern administrative
system of the United Kingdom.
“Hundred” (hundraed): “hundred” was an administrative unit that united
several villages or communities and had its own court system. The court, called the
“Hundred Court”, dealt with local disputes that arose among the inhabitants. The
modern use of “hundred” survives in the historical administrative divisions of
England, although the term is no longer used in active law.
“Tithing” (tithunga): “tithing” was an early form of territorial organisation that
brought together ten households that were collectively responsible for law and order
in their area. The term also referred to a system of collective responsibility, where
each group of ten households had a shared responsibility to supervise and maintain
order. The modern meaning of the word “tithing” is more closely related to tenth, but
its historical legal context reflects the early practice of shared policing.
“Outlaw” (utlagu): the term originally came from the Anglo-Saxon “utlagu”,
meaning “beyond the law”. A person who was declared an “outlaw” lost his or her
rights and protection in the community. Over time, “outlaw” came to mean a criminal
who is prosecuted by the legal system. In the modern context, “outlaw” means
someone who breaks the law and retains a negative connotation, although it is often
used to mean “outlaw”.
“Bequeath” (becwethan): “bequeath” means to pass on property by inheritance.
The term comes from an Anglo-Saxon root meaning “to will” or “to pass on”. The
term is still used today, especially in inheritance law, and reflects the importance of
legal succession in English society.
18

“Shire” (scir): The term “shire” referred to the basic administrative unit in
Anglo-Saxon England, which corresponds to modern counties. The head of a shire
was a “shire reeve”, which later became “sheriff”. Sheriffs played a significant role in
law enforcement and maintaining order. Today, “shire” is retained as a name for
administrative units, and the “sheriff” continues to function as a law enforcement
official.

Development of the Anglo-Saxon legal system and its importance in


modern law. In the Anglo-Saxon legal system, the main source of law was ordinary
law. This was reflected in the development of “common law” principles, which
evolved on the basis of actual court decisions and precedents. Many of the Anglo-
Saxon legal traditions, such as “folkright” and the system of collective responsibility,
have served as the basis for the modern English legal system, particularly in
approaches to law enforcement and governance.
The Anglo-Saxon terms that have survived in the modern legal language reflect
the uniqueness of the English legal system, which is based on case law, social order
and cultural heritage.
The system of customary law established by the Anglo-Saxons was further
developed and formalised, while retaining the basic principles of community
autonomy, legal continuity and collective responsibility.
Purely English terms such as “borough”, “hundred”, “outlaw”, “tithing” and
“shire” are an important part of the English legal lexicon, preserving the national
characteristics of the English legal system. They not only highlight the historical
development of English law, but also add depth to the modern legal system, linked to
national identity and traditions. This uniqueness of the English legal system ensures
its stability and continuity, making it one of the oldest continuous legal systems in the
world.
19

Chapter 3: Practical analysis of the etymological features of English legal


terminology
For a more structured and detailed analysis of English legal terminology, you
can classify terms into major thematic groups, such as criminal law and civil law.
This will help to identify the key terms in each area, to identify their semantic
features, origins and functional differences. Below is a classification of terms in these
groups with examples.

3.1. Classification of legal terms by thematic groups

Criminal law. Criminal law is concerned with defining crimes and


punishments and establishing liability for offences against the state or public order.
The main terms in this field are often of Latin, Anglo-Saxon or French origin and
have evolved under the influence of social change.
“Felony”: in medieval England, “felony” originally meant any serious crime
punishable by death or confiscation of property. Today, the term refers to particularly
serious crimes, such as murder or armed robbery, and is used to describe actions that
have a significant negative impact on society.
“Misdemeanour”: this term refers to less serious offences that carry lighter
penalties than felonies. “Misdemeanour” includes offences such as disorderly
conduct or minor disturbance of the peace.
“Assault” and “Battery”: the term assault refers to an attempt to inflict physical
harm or a threat of physical violence, while “battery” refers to the actual use of
physical force or bodily harm. Both terms are of French origin and are often used
together in criminal cases.
“Burglary” and “Theft”: “burglary” refers to the unlawful entry into a property
with the intent to commit a crime, often stealing. “Theft” is a broader term that covers
any unlawful act to take property. These terms have Anglo-Saxon and French roots.
“Murder” and “Manslaughter”: “murder” means intentional killing, while
“manslaughter” means unintentional killing caused by carelessness or passion. These
20

terms are also of Anglo-Saxon origin and differ in terms of the level of culpability
and the penalty.
Civil law. Civil law covers legal issues related to private legal relations
between individuals and organisations. In this area, terms related to contracts,
property, inheritance, as well as liabilities and compensation are important.
“Contract”: this term refers to a contract or agreement between two parties that
creates legal obligations. The word has Latin roots (contractus) and is the main term
in contract law, which regulates the relationship between the parties and defines the
terms of fulfilment of obligations.
“Tort”: in the common law legal system, “tort” refers to a civil offence that
results in harm or loss to another person. The word is of French origin and is used to
refer to obligations arising from wrongful acts.
“Estate”: the term estate comes from the Anglo-French word “estat”, which
means property or possession. In civil law, it is used to refer to inherited property or
the total value of property that remains after a person's death.
“Lien”: this term is derived from the French word “lien”, which means “bond”
or “right of retention”. “Lien” in law means the creditor's right to the debtor's
property until the debt is paid. This concept is common in civil law and reflects the
mechanisms for protecting the rights of creditors.

“Trust”: the word trust originally meant a trust or obligation, but in English law
it has come to mean a legal construct whereby one party (the principal) transfers its
assets to another party (the trustee) to be managed for the benefit of third parties.
“Consideration”: in civil law, consideration refers to the value or benefit that
each party to a contract undertakes to provide to the other. This term is of key
importance in contract law, as without consideration, a contract cannot be considered
legally binding.
Administrative law. Administrative law deals with the relationship between
the state and its citizens and regulates the activities of state bodies. The terms in this
21

area are mostly borrowed from Latin and French, as they were in legal use during the
period when these languages were widely used in official documents.
“Mandate”: the term mandate is derived from the Latin word “mandatum” and
means an official order or instruction given by a public authority. It is often used in
administrative law to refer to binding orders issued by government agencies.
“Jurisdiction”: the Latin word “jurisdiction”, meaning “judicial power”, has
become the basis of the term “jurisdiction” in modern law. In this context, it refers to
the power of a court or public authority to decide legal issues and make legal
decisions.
“Appeal”: the French term “appeler”, meaning “to call upon” or “to challenge”,
became the basis for “appeal” — the right to lodge an objection. The term appeal is
used to refer to the process of challenging a court decision in administrative or civil
law.
“Regulation”: a “regulation” is an official document issued by a government
agency to control activities in a particular area. The term has Latin roots (regula,
meaning “rule”) and reflects the function of the legal system in setting norms of
behaviour and standards.
Thus, the classification of legal terms into thematic groups, such as criminal,
civil and administrative law, emphasises the variety of the English legal language,
which has developed in the context of historical and socio-cultural changes. English
law has evolved from the common law of the Anglo-Saxon period into a complex
system influenced by Latin, French and other languages, resulting in a complex
vocabulary.
This lexical diversity reflects both the development of its own national legal
terminology and the adaptation of many borrowed terms that had penetrated English
law over the centuries. Latin and French words have not only added to the legal
lexicon, but have also influenced the structure of legal language itself, making it
understandable and meaningful to both lawyers and the wider public.
One of the key aspects of the integration of borrowed elements was their
adaptation to the English legal system. The borrowing of such terms was often
22

accompanied by methods of calquing and transliteration which allowed both the


meaning and the etymological attachment of the words to be preserved. In the next
section we will consider how these methods of adaptation contributed to the creation
of legal terms that have become an integral part of English law.

3.2. Adaptation of borrowed terms: calculation and transliteration

Adaptation of foreign language elements in legal language is an important


aspect that ensures the accuracy and comprehensibility of legal texts. There are
several main ways of adaptation: calquing and transliteration. Let us consider them in
more detail with examples.
Calculation. Calculation is a process whereby a foreign language word or
phrase is translated word-for-word by reproducing its parts with English equivalents.
The result is new words or phrases that reflect the meaning of the original.
One example is the term “bench”, which comes from the Old French “banc”,
meaning a pew or seat. In the legal language of England, this term was calqued and
later came to be used to refer to judges or the judiciary in general — in particular, the
expression “the bench” came to mean the judicial institution. Such calques ensured
easy assimilation of borrowed concepts, while retaining their original meaning within
the English legal system.
This example illustrates how legal language not only adopts foreign language
elements, but also adapts them through calquing or transliteration.
Transliteration. Transliteration is the process of rendering a foreign language
word using the letters of the English alphabet, often with minor changes. This
approach helps to preserve the sound and identity of the term.
“Habeas corpus”: the Latin term literally meaning “you have a body” is used
unchanged to refer to a person's right to be present at their own trial.
“Subpoena”: the Latin word for ‘under penalty of “death” has been adapted
without change to refer to a formal subpoena to appear in court and testify.
23

Some terms combine calquing and transliteration, retaining some of the


original form and adapting the meaning. For example:

“Prima facie”: the Latin term for “on the face of it” has retained its original
meaning, but has come into common use in English law to mean that there is
sufficient evidence to make a charge.
Calculation and transliteration processes ensure the accurate transmission of
legal concepts, which allows the use of foreign language elements without changing
their meaning. This increases the comprehensibility and accessibility of legal texts to
a wider audience.
Thus, the adaptation of borrowed terms in English law by means of calculi and
transliteration ensures the accuracy and authenticity of foreign language terms.
Calcuation allows the content of the original to be reproduced accurately while
maintaining the legal context, while transliteration conveys the sound and form of the
terms, which is important for their recognition. The combination of these adaptation
methods helps to create terms that are understandable to users of legal texts, while
retaining the meaning of the original language.

Conclusions
24

The study of English legal terminology has revealed a complex process of


formation and adaptation of the vocabulary that forms the basis of modern English
law. Historically, English law has adopted many borrowings from Latin, French and
other languages which have helped to maintain the accuracy, clarity and flexibility of
the legal system. From Anglo-Saxon terms, reflecting local customs and traditions, to
Latin and French legal concepts, English law has been able to preserve and enhance
its lexical diversity, leaving room for adaptation. The analysis showed that Latin, as
the language of the Church and science, provided English law with universal terms
that facilitated interaction with other European systems. Such terms include “lex”
(law), “jus” (law) and “contractus” (contract), which retain their meaning in English
legal language. French, which became the main language of the legal system after the
Norman Conquest, added a rich set of terms, including “court”, “jury” and
“attorney”. Knowledge of these etymological features allows a better understanding
of the sources of legal rules and their use in different legal contexts.
The accuracy and unambiguity of legal terminology, as discussed in Chapter 1,
is also important. English law has retained its conservatism, which avoids ambiguity
and ensures the stability of legal documents. For example, the distinction between
“manslaughter” and “murder” shows how legal language preserves the precision that
is crucial to the proper application of the law. Similarly, an analysis of the
characteristics of conservatism helps us to understand why terms have retained their
meaning over the centuries, such as “habeas corpus”, which is a tool for protecting
personal liberty.
A detailed examination of semantic change in chapter two shows how the
meaning of legal terms has adapted to new social and legal realities. The term
“property”, which once referred only to personal property, has expanded its meaning
to cover all types of property, including real estate and intellectual property.
Polysemy is an important feature of legal language: a single word can cover several
aspects of a legal concept, as is the case with the term “case”, which can mean both a
legal proceeding and a case or circumstance. This flexibility makes it possible to save
25

linguistic resources while creating terms that are understandable to both lawyers and
ordinary citizens.
The third section of the study demonstrated the importance of classifying legal
terms into thematic groups, which allows for the systematisation of legal language
knowledge. For example, criminal law terms such as “felony” and “misdemeanor”
show the difference between liability for serious and less serious crimes, while civil
law terms such as “contract” and “tort” reflect the concepts of obligation and
compensation. This classification helps to identify the specific features of each
branch of law and to trace the evolution of concepts. The adaptation of borrowed
terms through calquing and transliteration has allowed foreign language elements to
be integrated into the English legal system, preserving their meaning while making
them understandable to an English-speaking audience. For example, “habeas corpus”
and “subpoena” have retained their Latin sound, emphasising their importance and
authority, and calquing, as in the case of the term “bench”, has adapted the concepts
while retaining their original meaning.
The practical significance of this study is valuable for several groups. For
lawyers, the etymological analysis contributes to a deeper understanding of terms and
helps to avoid ambiguity in the interpretation of legal provisions, which is important
for the accurate application of the law. For linguists, the research allows them to
study the processes of borrowing and semantic change in specialised fields, helping
to develop theories of lexical borrowing. For law students, the work provides a basis
for understanding legal language, which is important for the analytical interpretation
of documents and legal texts.

References
26

1. Baugh, A.C., Cable, T. A History of the English Language. London:


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3. Crystal, D. The Cambridge Encyclopedia of the English Language.
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4. Mattila, Heikki E. S.. Comparative Legal Linguistics. Велика
Британія: Ashgate, 2006.
5. Kunz, K. Legal English: History, Usage, and Structure. London: Pearson,
2006. 50-70, 110-140.
6. Tiersma, P.M. Legal Language. Chicago: University of Chicago Press,
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7. Flavell, Linda., Flavell, L.., Flavell, Roger. Dictionary of Idioms and Their
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Abstract
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This paper examines the etymology of English legal terminology, analysing the
historical, linguistic and socio-cultural factors that have shaped its development.
English legal vocabulary is a product of diverse influences, primarily Latin, French
and Anglo-Saxon, reflecting the unique development of the English language and
legal system. Major historical events such as the Roman occupation, Christianisation
and the Norman Conquest have had a significant impact on the formation of legal
terms, many of which retain their original meaning to this day. This study identifies
the characteristics of legal terminology, such as precision, unambiguity and
conservatism, which ensure the stability and clarity of legal texts. By examining
semantic change and polysemy, it shows how legal terms have adapted to changing
legal and social realities. The classification of terms by subject area — criminal, civil
and administrative law — highlights their functional differences and the various
processes of term adaptation, including calquing and transliteration. This research is
of practical value to professionals and students of law and linguistics, providing
insights into the historical continuity and adaptability of legal language. Future
studies could extend to comparative analyses of legal terminology in other countries
and the role of automated translation technologies, highlighting the global relevance
and impact of legal language in the modern era.

Keywords: English legal terminology, etymology, Latin influence, French


influence, Anglo-Saxon law, legal language, semantic change, polysemy, calquing,
transliteration, legal adaptation, historical linguistics, comparative legal terminology.

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