The Evolution Of English As The Language Of Law

when did english become the language of law

The English language has a long and complex history, with many different influences. English law, however, has its roots in the common law legal system of England and Wales, which was historically based on the common law, with statutory legislation as the most authoritative law.

The common law, in this context, refers to the Anglo-Norman legal system that replaced Anglo-Saxon law following the Norman Conquest in 1066. This system was judge-made law, derived from the reasoning and decisions of earlier cases.

The Pleading in English Act of 1362 required that all legal proceedings be conducted in English, marking the beginning of formal Legal English. However, written records of Common Law cases remained in Latin until the Proceedings in Courts of Justice Act of 1730, which mandated the use of English in both pleadings and written records.

Characteristics Values
Year English became the language of law 1362
Law that made English the language of law Pleading in English Act
Language used in courts before English Anglo-Norman French
Language used in written records of Common Law cases before English Latin
Year English became the language of written records of Common Law cases 1730
Law that made English the language of written records of Common Law cases Proceedings in Courts of Justice Act

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The Norman Conquest

Prior to the Norman Conquest, the people of the British Isles spoke Old English, a Germanic language introduced by the Anglo-Saxons. However, with the arrival of William and the Normans, Norman French became the language of the court, administration, and elite classes. While the lower classes continued to speak English, it was considered a low-class and vulgar tongue by the new rulers.

The use of French by the upper classes was not exclusive, and those who aspired to associate with the ruling class also adopted the language. Over time, the distinction between French and English speakers became more social than ethnic. Intermarriage and association with the ruling class led many individuals of English extraction to learn French. Additionally, the close connection between England and the continent during this period further reinforced the use of French.

The influence of French on English extended beyond vocabulary and grammar. French was the language of the law courts in England for nearly 300 years after the conquest and continued to be used in some forms for another 300 years. It was only in 1362, with the Pleading in English Act, that English was officially established as the language for legal proceedings.

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The Pleading in English Act

The Act stipulated that "all Pleas which shall be pleaded in [any] Courts whatsoever... shall be pleaded, shewed, defended, answered, debated, and judged in the English language, and that they be entered and inrolled in Latin". In other words, while the legal proceedings had to be conducted in English, the written records could still be in Latin.

The Act signalled the beginning of modern Legal English and marked a return to the use of English in legal discourse, though Latin continued to be used for written records. Around 50 years later, during the reign of Henry V, English became the language of official government in the form of Chancery Standard.

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English as a global lingua franca

English is a West Germanic language that originated from Ingvaeonic languages brought to Britain in the mid-5th to 7th centuries AD by Anglo-Saxon migrants from what is now northwest Germany, southern Denmark and the Netherlands. The Anglo-Saxons settled in the British Isles from the mid-5th century and came to dominate the bulk of southern Great Britain. Their language originated as a group of Ingvaeonic languages which were spoken by the settlers in England and southern and eastern Scotland in the early Middle Ages, displacing the Celtic languages, and, possibly, British Latin, that had previously been dominant.

English has become a global lingua franca, largely due to the spread of the British Empire and the United States, and is now the dominant language in Britain and Ireland, the United States and Canada, Australia, New Zealand and many smaller former colonies, as well as being widely spoken in India, parts of Africa, and elsewhere. It is the most spoken language in the world, and is either the official language or one of the official languages in 59 sovereign states. It is a co-official language of the United Nations, the European Union, and many other international and regional organisations.

English is also the de facto lingua franca of diplomacy, science, technology, international trade, logistics, tourism, aviation, entertainment, and the internet. It has been the predominant language of international business, and its modern grammar is the result of a gradual change from a dependent-marking pattern typical of Indo-European with a rich inflectional morphology and relatively free word order to a mostly analytic pattern with little inflection and a fairly fixed subject-verb-object word order.

The growth of cinema, popular music, the internet, and other English-dominant media has also contributed to the spread of English as a global lingua franca. English has its roots in the languages of the Germanic peoples of northern Europe, and the earliest varieties of an English language, collectively known as Old English or "Anglo-Saxon", evolved from a group of North Sea Germanic dialects brought to Britain in the 5th century. Old English dialects were later influenced by Old Norse-speaking Viking invaders and settlers, starting in the 8th and 9th centuries.

Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until the Pleading in English Act 1362, when English became the only language in which court proceedings could be held. This marked the beginning of formal Legal English, which has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions.

English has ceased to be an "English language" in the sense of belonging only to people who are ethnically English. Use of English is growing country-by-country internally and for international communication, and most people learn English for practical rather than ideological reasons. English has also had a strong influence on the vocabulary of other languages, leading to some English words being assimilated into the vocabularies of other languages.

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English in the US

The United States has never adopted an official national language. However, English has been established as the official language in at least 30 states, and there have been various moves to promote or require the use of English across the country.

The modern "Official English" movement can be traced back to the mid-1980s, when several proposals to achieve linguistic uniformity through a constitutional amendment were considered. While these early federal efforts failed, some state-level legislation promoting official English laws was successful.

Support for an English-only movement began as early as 1907 under President Theodore Roosevelt, who wrote:

> "We have room for but one language in this country, and that is the English language, for we intend to see that the crucible turns our people out as Americans, of American nationality, and not as dwellers in a polyglot boarding house."

The English-only movement has faced criticism and rejection from some sectors of society and educational systems. The American Civil Liberties Union (ACLU) has stated that English-only laws conflict with the First Amendment right to communicate with and petition the government, as well as free speech and the right to equality.

The US has a history of linguistic diversity, with several languages coexisting throughout its territories. After the Louisiana Purchase in 1803, the US acquired French-speaking populations in Louisiana. As a condition of admittance to the Union, Louisiana included a provision in its constitution, which was later repealed, requiring all official documents to be published in English.

Similarly, the US acquired Spanish-speaking populations after the Mexican-American War (1846-1848), in addition to several indigenous language-speaking groups. An 1847 law authorized Anglo-French instruction in Louisiana's public schools, and in 1849, the California Constitution recognized Spanish language rights. However, French language rights were abolished after the American Civil War.

In the late 1880s, Wisconsin and Illinois passed English-only instruction laws for public and parochial schools. In 1896, under the Republic of Hawaii government, English became the primary medium of public schooling for Hawaiian children.

During World War I, there was a widespread campaign against the use of the German language in the US, including the removal of German-language books from libraries. This sentiment also led to the renaming of towns, suburbs, and areas with German names.

In 1923, a bill was introduced to make "American" the national language, but it did not pass in Congress. In 1981, English was declared the official language in the Commonwealth of Virginia, and similar efforts have continued in various states.

In 2018, a poll found that 81% of American adults believed that English should be the official language of the US, while 12% disagreed. This sentiment persisted in 2021, with 73% of Americans supporting English as the official language.

While there is no federal legislation mandating English as the official language, the steady growth of immigrant populations with primary languages other than English has fueled a public policy divide on issues of language diversity. Congress has introduced legislation related to English as the official language, but these proposals have not become law.

The Evolution of Legal English

The evolution of legal English in the US has been influenced by the country's legal history and the coexistence of multiple languages. During the medieval period, lawyers used a mixture of Latin, French, and English, giving rise to the use of doublets or pairs of words from different languages to avoid ambiguity and for emphasis. This stylistic feature persists in modern legal English.

The use of Latin in legal proceedings can be traced back to Roman Britain after the Roman conquest in AD 43. Anglo-Saxon law, discussed in the Germanic vernacular (Old English), became dominant after the Roman departure around 410 and the Anglo-Saxon invasion.

Following the Norman invasion of England in 1066, Anglo-Norman French became the official language of legal proceedings for nearly 300 years. During this period, Latin was used for written records. The Pleading in English Act of 1362 marked a shift towards the use of English in legal proceedings, while Latin continued to be used for records.

The influence of Latin can still be seen in modern legal terminology, with phrases like "ad hoc", "de facto", "de jure", and "bona fide". Similarly, the use of Law French during the Norman period contributed many words to modern legal English, including "property", "estate", "chattel", "lease", "executor", and "tenant".

While English has become the predominant language in the US, the country has never officially designated it as the national language. The coexistence of multiple languages and the influx of immigrant populations have shaped the linguistic landscape, influencing the development of legal English and sparking ongoing debates about language diversity and official recognition.

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English in the UK

English is the language of law in England and Wales, which together form one of the three distinct legal jurisdictions in the United Kingdom. The other two are Northern Ireland and Scotland, each with its own legal system.

The English language has not always been the language of law in England. In fact, the history of the language of law in England is a story of waves of conquerors, each bringing their own language and legal tradition to the country.

Following the Roman conquest of Britain in AD 43, the legal language was Latin. Then, after the Romans left circa 410, the Anglo-Saxon invasion brought with it the Germanic vernacular (Old English), which was used in legal discussions from around 600.

The Norman invasion of 1066 brought about another shift, with Anglo-Norman French becoming the official language of legal proceedings in England for nearly 300 years. This period also saw the use of Medieval Latin for written records, which lasted for over 650 years.

In 1362, the Pleading in English Act was passed, marking the beginning of formal Legal English. This statute stated that all legal proceedings should be conducted in English, though they were still recorded in Latin. Despite this, Anglo-Norman French continued to be used in some forms into the 17th century.

Latin was eventually replaced by English as the language of formal records and statutes in 1730, with the Proceedings in Courts of Justice Act. However, because only the highly educated were fluent in Latin, it never became the language of legal pleading or debate.

Today, English law refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. This system is based on the principles of common law and has its own legal doctrine, distinct from civil law legal systems since 1189.

While there has been no major codification of English law, it continues to evolve as judges in court apply statute, precedent, and case-by-case reasoning to give explanatory judgments of the relevant legal principles. These judgments are binding in future similar cases and are often reported in law reports.

The courts of England and Wales are headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice for civil cases, and the Crown Court for criminal cases. The Supreme Court is the highest court in the land for both criminal and civil appeal cases in England and Wales, and its decisions are binding on every other court in the same jurisdiction.

In addition to its use in the legal system, English is also the primary language of government and official communications in the UK. Accessible language in official information remains crucial in encouraging the participation of citizens in the democratic process.

Frequently asked questions

English became the language of law in 1362 with the Pleading in English Act.

Before the Pleading in English Act, the language of law was Anglo-Norman French.

Before Anglo-Norman French, the language of law was Latin.

Before Latin, the language of law was Old English.

Before Old English, the language of law was Celtic.

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