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20 LawNow [306] (1995-1996)
The Magic of Legal Language

handle is hein.journals/lanow20 and id is 306 raw text is: The Magic of Legal Language Marsha Mildon Law and language are inextricably linked in our western society. This issue presents a somewhat different way of looking at legal language, suggests that students try writing poems about the law, and then provides a word find and a crossword that use some common legal words. The Magic of Legal Language Usually, when we think about law and language, we think about the multi-syllable words and the complex round-about sentences. But law hasn't always been written down in overly-complicated words. Several centuries ago, when work was less divided, one person - often a wise elder - healed people when they were sick; explained the worship of the creator; and solved disputes between people. In other words, one person acted as doctor, clergy, and lawyer. This person would speak the rules of the society, and pass these laws on to the next generation orally. Even today, in Iceland, the entire Icelandic law is read aloud once a year at the law rock. When we think of law as a central tradition of a society, we can understand how important its language can be. We can even argue that legal language is magical. Think of it this way: For a law to work, the right words must be said by the right person under the right circumstances. Back in medieval England, one of the ways that people were put on trial was a trial by oath. The accused had to repeat an oath aloud, swearing that he or she was innocent. If the accused was able to say the oath perfectly, he/she was acquitted. But if he/she stumbled, the verdict was guilty. But magic legal language isn't just a fact of history. It exists today. Take a marriage ceremony: any one of us could turn to friends and say, I now pronounce you man and wife, but the magic wouldn't work. In Alberta, those words must be said by the right person - a marriage commissioner or member of clergy under the Marriage Act - in the right circumstances, an official wedding ceremony. And there are magic words that must be spoken. Both bride and groom must say aloud, I do solemnly declare that I do not know of any lawful impediment why I (state name) may not be joined in matrimony to (state name). Bride and groom must also say to the other, I call upon those persons present to witness that I do take thee, to be my lawful wedded wife (husband). Only after those words are spoken is the marriage complete. Law and Poetry Like law and magic, we seldom think of a connection between law and poetry. However, while the law itself is found printed in thick volumes, what we do find in poetry are expressions of feelings and experiences of the law. The following two poems were written by Robert Venus, an Edmonton policeman, to release as well as express his feelings as day-by-day he enforces the law. At the beginning of his manuscript of poems, Robert Venus says this about his goal for these poems: I knew that at the moment a man LAWNOW.Oc. June/July 1996 This article is copyright C 1996 by LawNow Permission to reproduce material from LawNow may be granted on request.