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Linguistics and litigation

24 April 2008 / Richard Harrison
Issue: 7318 / Categories: Opinion , Legal services , Procedure & practice , Profession
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Richard Harrison asks whether the modernisation of legal terms really is a good thing

Getting on for a decade ago, I wrote “Linguistics and Litigation” (149 NLJ 6907, p 1491) and followed it up with “Linguistics and Litigation Part 2” (151 NLJ 7004, p 1545).

One purpose of the articles was to air some curmudgeonly resistance to change for the sake of change—and even now I still feel a vague nostalgia for “writs” and “plaintiffs”, “garnishee orders” and good old “certiorari”. I was never that strong on “assumpsit”. However, I also wanted to communicate a vague sense that somehow linguistic changes were introduced under the guise of modernisation and accessibility when really they were intended to encourage conformity or indeed control thought. I had the Orwellian concept of “Newspeak” very much in mind.

A historical perspective brings home how closely the civil procedure reforms were culturally part of the New Labour project. Modernisation and novelty were the buzzwords; there was an air of optimism in the power of consultancy and consultation. Practical politics was about rolling out solutions and implementing

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