Legal jargon is an integral part of the culture inside the justice system

WE LOSE - 2016Language And The Law – Simple Doesn’t Mean Stupid

4f4b1-72_family_court_cover11Excerpt from article:  Researching Reform: ~

Whether you take the view that legal jargon is an integral part of the culture inside the justice system, or offers an efficient labeling tool for the speedy processing of information, law is no longer a selective world but a communal one; and everyone wants to speak the language.

Blame the internet and a growing social conscience online, but simplifying language in law has been one of the defining phenomena for the UK justice system in the twenty-first century. For Family Courts at least, coming into contact with parents, children and extended family members who are not trained to deal in family law jargon, pressure to change the way we use language has contributed to wide-scale reform.

The most notable to date, Mr Justice Ryder’s recommendations for modernizing the family justice system, included looking at the way terms and phrases were being used and seeing how we could break those down and make them easier to understand. Despite this, much of the language still used in court and by lawyers and other professionals inside the justice system remains unnecessarily complex.

Litigants in Person (LIP) continue to struggle with terminology inside the courts, with judges reporting delays inside their courtrooms as a result, and more time spent explaining phrases and processes. Sadly, the current guidelines seem to have done very little to address this problem, perhaps in large part due to the fact that legal jargon exists before and after the court process, with very little help for LIPs during those in-between moments when they are effectively without support.

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Researching Reform

This month for our column over at Jordans, we chose to write about the power of words within the family justice system, from the jargon used by lawyers, to the terms employed within children’s care homes and beyond onto the nation’s child abuse inquiry. In our article we look at the impact of using complex words that work to exclude rather than include families, children and relatives.

Does jargon really serve a purpose, or does it put up unnecessary barriers, when the sole purpose of language in the law should be, arguably, to pull barriers down?

You can access our article here.

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3 thoughts on “Legal jargon is an integral part of the culture inside the justice system

  1. Every child deserves an involved dad.

    Many people are surprised at the research which shows a connection between father absence and an increase in social problems in America including: poverty, teen pregnancy, juvenile delinquency, physical abuse, suicide, substance and alcohol abuse and a host of other troubling social problems. The sad fact is that not only does father absence hurt children, fathers suffer as well.

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    Thank you for your interest and support,

    The National Fatherhood Initiative® Team – http://www.fatherhood.org/social-problems-in-america

    Liked by 2 people

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