Firstly, there is to consider how the legal language has evolved. Legal language has always been an enigma to lay people. In England, the Norman Conquest in 1066 placed French-speaking Normans in virtually all important positions; French thus became the language of power. Virtually, all English words relating to government and law are originally French. As royal courts were logically conducted in French, the majority of the population, who spoke Anglo-Saxon, did not understand the proceedings. The only way for a person to verify that a document was genuine was seeing the royal seal imprinted on it. This situation left the ordinary citizen in an acutely vulnerable position.
Secondly, let us consider the present day situation of the legal system. Legal documents seem to be written in the language that the population speaks. However, it is nearly impossible for an ordinary citizen to make heads or tails out of them. Even if a lay person can decode a document, there is the risk of being deceived by the so-called “small print.” As the saying goes, “for every law there is a loophole.” Legal language is not straightforward, which allows for the bending of the laws. Here is where lawyers come into the picture.
Inasmuch as legal language is convoluted, we need lawyers to decode it for us. The classic model is that lawyers merely offer expertise in the law and advocacy, which lay people do not have. Nevertheless, the increasing dislike for lawyers suggests a quite different thing. A letter costing $300 or a conveyance taking three weeks to be executed seems to be counter-intuitive. For one thing, there are barriers to lay understanding that suit the interests of lawyers. What is more, lawyers have no interest in enabling potential clients to work out their own legal problems, as doing this would surely reduce their hefty fees. In conclusion, legal language is mainly used as an instrument of power to enable lawyers to justify their fees and monopolize the legal profession. Had it not been for the twisted technical terminology involved in legal proceedings, lay people would probably be able to solve their legal problems themselves. All in all, the legal system reflects the conservatism of the profession and its urge to perpetuate itself.
You May Also Find These Documents Helpful
-
Another key argument presented by the advocates is the increase in the number of lawyers and the corruption of the tort system. They support this argument by presenting the fact that the number of lawyers has increased…
- 1409 Words
- 6 Pages
Powerful Essays -
To achieve justice, people need to mount a proper case and this costs money. Legal rep is not a problem for the wealthy who can afford their own legal rep and for the poor who are eligible for legal aid. Anyone who has a really good chance of winning their case and has a small income has a high chance of getting legal aid.…
- 3308 Words
- 14 Pages
Good Essays -
The American legal system has never experience the magnitude of attention it currently receives. With the prevalence of social media and increased news coverage, the American population has a greater awareness of the decisions made on the most controversial issues in the legal system. As public outcry continues regarding the decisions and failures of the system, there must be a response. The public opinion signifies that the citizens are desperate for a fair and trustworthy legal system. American citizens want the legal system to be a symbol of the justice America stands for as well as a means to help continue the vision that the founders of the United States desired.…
- 491 Words
- 2 Pages
Good Essays -
References: Lenz, M. (2006). Lawyers weigh in on changes to law. The Exeter News-Letter. Retrieved on January 10, 2007 from www.seasoastonline.com/news/exeter/08222006/nhnews-x-sentencinc0822.html…
- 602 Words
- 3 Pages
Good Essays -
There are a number of sources of English law, and this is markedly different from some other jurisdictions, eg China and parts of continental Europe. In the UK, the legal system is a COMMON LAW LEGAL SYSTEM, as opposed to a CIVIL LAW SYSTEM.…
- 4681 Words
- 19 Pages
Powerful Essays -
I think that the book and our class discussion does both dispel and promote the idea that lawyer are "hired guns". As far as dispelling the idea goes, we are taught that lawyers bring law to everyone innocent or not. They are meant to bring out the truth and defend anyone who is going to court. Lawyers are only meant to interpret the law for their clients and find a course of action that is fair to both parties.…
- 267 Words
- 2 Pages
Satisfactory Essays -
There is no justice in court. Decisions in court are made by judge and even though he's supposed to be impartial he's just human and he makes mistakes too. As shown in Devil's Advocate the outcome of a case often depends on lawyer's ability to influence the judge and juries. Lawyers try to persuade people to believe that a criminal is not guilty, although they know he is. Leopold and Loeb case is a good example of that. Clarence Darrow took a case of two teenagers that kidnapped and killed a boy because they wanted to know how it feels to commit the ultimate crime. Sometimes lawyers are a good thing, when accused person is innocent. Somebody not guilty can go to prison because others lied. Perfect example of that are the Salem trials showed in The Crucible. Innocent women go to prison or even die just because some girls said they are witches. Court is ruled by people and as long as people don't want to go, or want others to go to prison there will be no justice in courts.…
- 332 Words
- 2 Pages
Satisfactory Essays -
“A good lawyer can make anything ethical, given enough money and political influence” – discuss pro and against.…
- 257 Words
- 2 Pages
Satisfactory Essays -
There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of legal aid. Legal aid is a great way for the accused to gain access to the law, however depending on the funding of the government, resource efficiency could be affected. The criminal justice system is based on an adversarial system of the law and while supporters of this system say it’s fair because both sides have the opportunity to present their case, the outcome is based on the strongest case presented. However, the effectiveness of this process in providing just outcomes is compromised, as in many cases the competing sides are not equal before the law, with potential imbalances in resources, skills or knowledge. Not everyone has the finances to seek proper legal representation, which can result to injustice in the courtroom or during the criminal trial process. As a result in 1979, the Legal Aid Commission was established by the state government. It was created to give access to proper legal representation for marginalised and disadvantaged groups, and to have equitable access before the law for all groups of society. Dietrich v The Queen 1992 in the High Court established the right to a fair trial in consideration to the accused not being able to afford legal representation.…
- 971 Words
- 4 Pages
Good Essays -
“It is difficult to judge the success of reforms in legal aid provision as we lack agreement on the aims and objectives of a legal aid system”. Discuss.…
- 1527 Words
- 7 Pages
Powerful Essays -
LEGAL POSITIVISM vs. NATURAL LAW THEORY There are two “natural law” theories about two different things: i) a natural law theory of morality, or what’s right and wrong, and ii) a natural law theory of positive law, or what’s legal and illegal. The two theories are independent of each other: it’s perfectly consistent to accept one but reject the other. Legal positivism claims that ii) is false. Legal positivism and the natural law theory of positive law are rival views about what is law and what is its relation to justice/morality. Natural Law Theory of Morality i) Even things which are not man-made (e.g. plants, rocks, planets, and people) have purposes or functions, and the “good” for any thing is the realization of its purpose or function. ii) The good for us human beings is happiness, the living of a flourishing life. Happiness or flourishing consists in the fulfillment of our distinctive nature, what we “by nature” do best. That involves the development and exercise of our capacities for rationality, abstract knowledge, deliberative choice, imagination, friendship, social cooperation based on a sense of justice, etc. The moral virtues (e.g. courage, justice, benevolence, temperance) are character traits that help us fulfill our true nature. The life of the heroin addict or of the carnal hedonist is not a good one, because it is inconsistent with our natural function. iii) Natural law is the set of truths about morality and justice; they are rules that we must follow in order to lead a good or flourishing life. We can know what these principles are by means of unaided human reason. [The natural law theory of morality rejects ethical subjectivism (“right and wrong are all a matter of opinion”) and affirms ethical objectivism (“some moral opinions are more valid, reasonable, or likely to be true than others”)]. Immoral acts violate natural law. Hence, immoral behavior is “unnatural” (in the sense of “contrary to our function,” not “nowhere to be found in the…
- 1952 Words
- 8 Pages
Better Essays -
Any legal system should stand to successfully find the truth in any injustice and bring upon punitive measures. In a society that has become infatuated with wealth and success while also becoming excessively greedy, it is not surprising that people will do anything to get ahead. Lawsuits are filed every single day even over the smallest altercation or incident. Our country has become more concerned with winning lawsuits and settlements in court and less concerned with our ability to settle altercations peacefully outside of court. Former Chief Justice, Warren E. Burger, made a statement about the courts explaining that “Americans are increasingly turning to the courts for relief from a range of personal distresses and anxieties”. Burger, who was an advocate of out of court mediation, was trying to prove that many people file unnecessary lawsuits and lawyers begin to fight to avoid the truth rather than to find it. The problem is that many lawyers have become more interested in deception in order to win rather than accepting the truth and consequences. It has become more favorable to settle disputes than to seek the whole truth.…
- 970 Words
- 4 Pages
Good Essays -
One reason law is essential to the efficient operation of a society is that it provides a consistent, fair and just way of governing a community. It is extremely important that every member of the community has a fair trial and course of justice, as well as the idea that no one is above the law, and no person is allowed to take justice into their own hands, as outlined in Dicey’s rule of law. This is demonstrated through the case study of Simon Gittany. Gittany was accused of murdering his fiancée. He received procedural fairness as he had the charges he was accused of made aware to him, a judge was present to sentence him and he was given the right of a fair trial. Further from this, Gittany requested a judge-only trial, or a trial with the absence on a jury, due to the high media speculation that surrounded the case. This ensured that the verdict was just, as a jury may have been susceptible to the influences of the media, rather than a judges’ impartial viewpoint. This example highlights the law’s fair and just nature, however, the legal system and a judicial decision may not always fair due to factors such as financial status, a language barrier, insufficient or new evidence arising or high media coverage of a case. The issue of financial cost can influence the accuracy of a verdict as legal…
- 1307 Words
- 4 Pages
Better Essays -
I totally agree in this statement. The world today is a global world; which mean that a country doesn’t just get involved in the countries own decisions and actions. A country from one end of the world easy can get in contact with a country in the other end of the world. The globalisation of the world, included that we as the humans has to fit in in this global systems (we self-have created). To fit in we have to understand the different between culture, opinions and legal traditions and systems. Lawyers have to fit in and understand variety of legal traditions to solve their clients cases, cliens who has activities in other parts of the world in consequents of the globalisation.…
- 492 Words
- 2 Pages
Satisfactory Essays -
A Modern Legal Ethics: Adversary Ethics in a Democratic Age. By Daniel Markovits. New Jersey: Princeton University Press. 2008. Pp. xii, 361. $29.95. The title of Daniel Markovits’s book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers’ eth2 ics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits’s treatment of lawyers’ ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their “professional viciousness” (p. 36), and how lawyers can achieve a guilt-free professional identity “worthy of . . . commitment” (p. 2). Markovits’s goal in the book is to “articulat[e] a powerful and distinctively lawyerly virtue” (p. 2), one that will provide “ethical vindication of [lawyers’] professional lives” (p. 5). Markovits believes that, in so doing, he will also offer “insights beyond legal ethics, concerning the generally fractured state of modern moral life” (p. 6). Notwithstanding the efforts of a serious young scholar, Markovits’s book falls short. Our focus in this review will be on his discussion of the ethics of adversary advocacy, which is the subtitle and predominant part of the book. Markovits is concerned with how a lawyer’s professional life can be ethically satisfying (p. 1). He contends that lawyers’ lives are not “well3 lived,” because they feel guilty. The source of that guilt, according to Markovits, is that lawyers are compelled to lie and cheat, routinely and viciously (p. 9). Markovits begins his analysis with the adversary system, which combines partisan representation with impartial adjudication (pp. 4, 6–8). He notes that the lawyer’s role in an adversary system is client-centered— lawyers are required to be loyal to the clients they serve. That loyalty obliges the lawyer to accept what the client wishes to achieve in the…
- 7654 Words
- 31 Pages
Powerful Essays