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The Language Of The Law By David Mellinkoff

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the adversarial proceeding has the tendency to make the language of the law formal, supple, and coherent because witnesses do not have to be experts in the laws they have to explain. these characteristics contribute to the language of the law's formal and supple character.

finally, the adversarial proceeding is a form of legal discourse that is relatively coherent. the language of the law tends to be more coherent because it does not have to be a language for technical experts. the language of the law is quite capable of handling the unique task of legal communication.

as a consequence of the language of the law's stylistic independence, legal matters, unlike ordinary everyday conversations, are not casual affairs. the language of the law, unlike that of ordinary, colloquial conversations, has rules and conventions that govern its use.

barber suggests that, in teaching legal writing, the most productive approach is to combine the techniques of textual analysis and the use of contemporary models. students should be encouraged to analyze the text with the goal of understanding its meaning, rather than merely to reproduce the text. they should examine the text for its structure, style, and use of language, and reflect upon the meaning of the individual words, terms, and clauses. they should also be encouraged to identify the sources of ideas and concepts used in the text. finally, they should be encouraged to examine the context in which the author used the text and to relate the text to an historical or cultural context. in her pedagogical method, barber does not attempt to teach legal writing in isolation, but rather in a setting that encourages students to make connections among the different aspects of the study of law. 3d9ccd7d82


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