latin usage in court and Article 8 of the constitution

Carawaystick

How does Article 8 of the constitution and the widespread usage of latin in the courts square up?
is it a hangover from british rule? Tradition? easier to state an idea in latin words rather than an english explanation?

Is latin used in Scotland?
France, Italy or Germany?

Kinda tongue in cheek question but wondered if there was any solid reason for it.



Article 8

1. The Irish language as the national language is the first official language.


2. The English language is recognised as a second official language.


3. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

Tom Young

Latin pervades most jurisdictions in relation to the law. Civil and Common law.

Your point in relation to the Constitution is correct but it is the rule whereas the convention is somewhat different. The UK has dispensed with quite a lot of the latin usage in relation to court practice in favour of "plain English" .....

Sometimes the principles of law are more easily understood by latin phrases e.g., Res Ipsa Loquitur - The matter speaks for itself.

There was a young fellow called Lex who was cursed with diminutive sex, arraigned for exposure, he said with composure - De minimus non curat lex!

Tom

Maximilian

Latin isn't used as much as it used to be in law but it's still there. Some of the phrases used by lawyers wouldn't commonly be known to lay people but I don't really see anything wrong with that. I don't see why people complain about it. Try looking at the amount of latin used in medicine. It's mind-boggling, yet nobody complains about that.

Foreign language phrases and particularly latin ones are used all the time in all walks of life. They are pretty much regarded as part of the English language. Et cetera, alter ego, carpe diem, pro rata, ad hoc, ad nauseum, agenda, bona fide. You could fill pages full of them.

nuac

The Latin phrases are time honoured and well known, and often save a more longwinded english explanation.

As already mentioned all professions have their jargon. The doctors seem to favour both Greek and Latin in descriptions of body parts and procedures. possibly because some of the earlier medical treatises were in Greek. This porbably serves some purpose as many people working in hospitals had not English as their first language, and common terminology may save misunderstandings.

I am more concerned with the needless verbosity in many legal documents. E.g. the standard commercial lease - the normal rent review clause seems to go on forever, with lists of matters to be disregarded, or regarded etc and various schedules. Many standard contracts could do with redrafting.

Also some affidavits and pleadings are unnecessarily long.

The wordprocessor, photocopier and dictating machine have exacerbated this trend in recent decades.

Victor

Maximilian wrote: »

Try looking at the amount of latin used in medicine. It's mind-boggling, yet nobody complains about that.

Its not just medicine, it is throughout the sciences and as nuac points out, it is used to reduce the number of complications across languages.