latin expressions and terms?

Question

I am an italian undergraduate student.
I am writing to you because I am preparing a thesis about legal english, mainly focused on the influence of latin in legal writing and the problems that this may convey.
In order to demonastrate my theory I would need a legal text, of any kind, rich in latin expressions and terms that I could then analyze.
For this reason, it would be very kind of you if you could provide me with some appropriate examples.
Thank you in advance for your availability.

Answer 1

Most of the Latin I have encountered has been in BLACK'S LAW DICTIONARY, published by West Publishing Co.

One of the classical legal books you might consider is "Blackstone's Commentaries." It is available online at a website run by Yale University. Click here: http://www.yale.edu/lawweb/avalon/blackstone/blacksto.htm

One of the quotes I came across was: "NOW, as municipal law is a rule of civil conduct, commanding what is right, and prohibiting what is wrong ; or, as Cicero, and after him our Bracton, has expreffed it, fanctio jufta, jubens honefta et prohibens contraria ; it follows, that the primary and principal objects of the law are RIGHTS, and WRONGS. In the profecution therefore of thefe commentaries, I fhall follow this very fimple and obvious divifion ; and fhall in the firft place confider the rights that are commanded, and fecondly the wrongs that are forbidden by the laws of England."
http://www.yale.edu/lawweb/avalon/blackstone/bk1ch1.htm

There is more there for you to find.

You may also find that a lot of early English law was heavily influenced by Norman-French.

Answer 2

I'm not sure where you got your earlier answers on the Latin translation, but forget about them - mainly because 'luminus' is not a word in Latin. There is a Latin word 'luminATus,' and there is a Latin word 'sono.' 'Luminatus' is the past participle of the verb 'luminare,' and it means 'illuminated, lit up, having been given light, etc.' 'Sono' is also a good word, with a couple of meanings. One is as a verb - sono, sonare. There, it means 'I make a sound, I speak, I am heard, etc.' The other is a noun form - ablative singular of the noun 'sonus,' which meand 'noise, sound.' The ablative case has several uses, one of the main ones of which is showing the means or instrument for an action. That seems to fit here. Sono illuminatus = Illuminated by (means of) sound. That's good for one masculine thing as an antecedent. Even assuming it's an error for 'sono luminatus,' that is not an established Latin term used in music. It was probably coined recently, and many modern musical phrases in 'Latin' are actually pseudo-Latin or garbage transaltions. Why did it show up twice in music? Plagiarism?

Answer 3

This is the worst (or, on another interpretation, the best) time in history to undertake such research, as Civil Procedure Rules 1999 reshaped both the landscape and language of litigation before the English courts. These rules, as well as abandoning the use of time honoured Latin terminology such as "subpoena" and "inter partes" and even much of the traditional English legal vocabulary such as "writ", "plaintiff", "summons" and "discovery". The reform was largely brought about through Lord Justice Woolf, who wanted the law to be more accessible to "the man in the Clapham Omnibus". http://www.ladas.com/BULLETINS/1999/0899Bulletin/UK_CivilProcedure.html
In fact, the best way to approach this thesis is probably to examine the arguments behind the reforms, as no doubt certain terms will have been examined by the committee concerned and analysed as being problematic. http://www.istructe.org/thestructuralengineer/HC/Abstract.asp?PID=6418
WOOLF, H K, Access to Justice (Interim Report to the Lord Chancellor on the civil justice system in England and Wales, HMSO, London, 1995)

In fact, the only way in which you are going to find a text of the kind you want, would be to go back to old jurisprudence. It is now a disciplinary offence, so I understand, to use Latin in court. We never did use as many Latin terms as Italian lawyers -- in recent history, anyway.

Answer 4

Hi Anna,

Uk law is making a concerted effort to rid itself of latin terms, there are still a number of phrases in common use today

obiter dictum
prima facae
loco parentis
doli incapax
modus operandi
haebius corpus
volenti non fit injuria
ex parte
pro bono

to name but a few.

Dictionaries of legal terms are inexpensive and very helpful. I suggest you buy one.

Good luck

Answer 5

You might also have a look at, inter alia, Lawyers Latin by John Grey (Lord Deeds) for a little bit of light relief.

http://bookshop.blackwell.co.uk/jsp/id/Lawyers_Latin_A_Vade_Mecum/9780709082774

Answer 6

Quid scratchum pruriitus ani?