Analysis of Legal Texts

A text is a written document that can provide us, after interpretation, knowledge about the past.
The purpose of commenting on a text is to get closer to understanding the elements provided by the text.
Hence the importance of placing the document in its context. You have to unravel what its author or
authors have said, how they said it, when, why and where.
To analyze a legal text we will follow the following steps:
1.-Classification of the text
2.-Reading and preparation
3.-Analysis of the text
4.-Comment
5.-Criticism
1.-Classification of the text
The correct classification of the text constitutes the initial step of analysis and commentary. In this part of
the work it is necessary to specify a series of aspects that must be determined:
to. Nature
b. Space-time circumstances
c. Author
d. Destination
2.-Reading and preparation
Pre-reading or general reading
First of all, we will do a general reading of the text that will give us the first idea about its meaning. We will
not make any notes or underlining, just read.
Comprehensible reading
In this second reading we prepare the text, through:
a.-The underlining of terms
The most relevant ones are highlighted, which are key to understanding the text and which will be the
subject of subsequent analysis. These can be names, dates, numbers, etc.
b.-The underlining of primary ideas

It is carried out on those ideas that indicate the fundamental lines of the text.

c.-The underlining of secondary ideas

It reinforces and complements the previous one. For greater clarity, it is advisable to use a stroke or color
different from the previous one.

d.- Marginal notes

They are extremely useful for pointing out thematic blocks, making explanatory calls, brief comments, etc.
You can use braces or lines that delimit these dimensions.

3.- Analysis of the text:

Among the administrative documents most used by citizens are the instance and the contract , but
we can also find other administrative writings such as provisions, regulations, orders and resolutions,
which place us in the legal language: the language used by the bodies of the Administration of
Justice in its relations with the community or with natural and legal persons.

The border between legal and administrative language is not well delimited, and to a certain extent
the former can be considered a specific administrative language. Consequently, both are usually
studied together, since they share linguistic resources and coincide in extralinguistic factors.

The usual means of communication between the Public Administration and citizens are official
newspapers or bulletins (In Spain , BOE , BOP , DOGC , and others; in the European Union , the
DOUE ; in Mexico , DOF ; etc.).

Characteristics

The language of legal and administrative texts uses language at its most cultured level, which implies
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expressive richness, concision, clarity and precision. The main characteristics are the following:
needed ]

 It has a rigid structure, that is, an invariable scheme established in advance for each type of
writing or document . For example an instance, or a contract.

 The issuer has limited creativity , subjectivity and expressivity. For example, you can't
improvise a new organization for your message .

 Impersonality: The real sender of the text often seems to have the only intention of
disappearing from his writing. For example, documents written in the third person.

 The channel used is written. But it is not just any writing, but it must be on an official paper ,
signed and dated in a regulated manner.

 The intention of legal and administrative texts is to inform and order (referential and conative
function). In the event that the issuer is the citizen , the intention is to request or claim (conative
function).

 The textual typology can be descriptive, instructive, argumentative, expository or narrative,

 Use of typographic resources, such as italics , bold, quotation marks or capital letters.
linguistic forms

Lexicons
It is a very stable, cultured, ritual language (for example in Roman law ) and with little room for
variation. The sender must know perfectly the meaning of the words , in order to achieve lexical
precision . The main lexical features are the following: [ citation needed ]

 Use of denotative and univocal language.

 Abundant archaisms . For example, “others” which means “in addition” in requests for a
writing or “provided” in a judicial or procedural resolution. They are due to the invariability of the
model over time.

 Technicalities , mainly terms and expressions of common language that in legal and
administrative texts acquire a different meaning. For example, the term “diligence” is the
performance of the judicial secretary in a procedure, while in common language it is “speed and
care with which an activity is carried out.”

 Very frequent use of adverbs ending in “-mente”, due to the need to qualify and specify
verbs and adjectives in search of clarity. Ex. “The above insert agrees well and faithfully with its
original to which I refer if necessary.”

 In word formation, adjectives are formed using the endings “–al” and “-ary”. Ex. “educational,
judicial, procedural” and “tenant”.

 They do not use taboo words in any way (unless they are literal statements), and in contrast,
euphemisms abound. It presents a high degree of regulated courtesy, which is manifested, for
example, in protocol treatments, although these are currently out of use.

 Abundant use of acronyms to refer to institutions (MEC: Ministry of Education and Science
of Spain ), organizations (TSJC: Superior Court of Justice of Catalonia ), laws (LEC: Criminal
Procedure Law of Spain) and concepts ( IRPF : Tax on the Income of Physical Persons of
Spain).

 Use of aphorisms (short sentences that are proposed as a rule), which capture the “wisdom”
of Roman law: “Ad impossibilia nemo tenetur” (no one is obliged to do the impossible) or
“Habeas corpus” (right of the detainee to appear before Judge ).
 Repetitions of words are used, as no other word can be found that expresses the same
reality. Ex. "The State Attorney General will be assisted in his functions by the Fiscal Council, the
Board of Prosecutors of the Chamber, the Fiscal Inspection and the Technical Secretariat." In no
case are metaphors , periphrases or any other type of rhetorical figures allowed, since they can
lead to confusion.

[ edit ] Grammars

 There is a preference for nominal construction (characterized by abundant use of nouns and
adjectives) over verbal constructions. For example, “in the processing of this trial” is equivalent to
“when processing this trial.” [ citation needed ]

 Use of verbal periphrases with a verb empty of meaning: “Present a claim” for “claim.”

 Because of the impersonality and the text, many non-personal forms of the verb are used.
The most used is the gerund , many of which are incorrect (when it performs an adjective
function). For example, “Decree disposing”.

 It preserves the future subjunctive, which has disappeared from the standard language,
which is used in the writing of laws and due to archaism. For example, “if appropriate.”

 There are many verbs that govern the subjunctive , such as those of request or permission.

 Frequent use of the imperative , for example “notify yourself.”

 The timeless present is characteristic, since it does not place the verbal action in a specific
period of time.

 Use of the future indicative in passive and impersonal constructions. For example: “it will be
made known.”

 The paragraphs are usually long, due to excessive subordination; The goal is to accurately
collect all the nuances, possibilities and exceptions. For example: "However, that is not my
opinion, since, in my opinion, what the legislator has intended with this final rule is, precisely, not
to leave any loophole to the possibility that the counterclaim may be admitted without evidence."
express request.”

 Abundant use of passive and passive constructions reflects: “the request was presented by
Ms. Antonia López in this Court”
 “Impersonals with se” are used in abundance, seeking distance and impersonality. The
subject that judges, orders, condemns, certifies, is eclipsed and protected.

 The third person singular is used a lot.

Legal and administrative texts try to seek maximum precision and clarity, although sometimes the
resulting text is complex and imprecise from a regulatory point of view.

[ edit ] Clarity criteria in administrative language

In Spain , since 1989 a series of actions have been carried out to “Improve the intelligibility of
administrative language”. [ citation needed ]

The aim is to modernize and simplify the administrative language to make it simpler and more
understandable. A “Style Manual” (1993) has been prepared, especially for the drafting of
administrative documents addressed to citizens. The main recommendations to improve the
understanding of administrative language are the following:

 Use of language appropriate to the message and recipients so that the information is
accessible.

 Use of simple syntax and short sentences .

 Use of verbal forms in active voice.

 Choice of first- and second-person forms of treatment.

 Avoid foreign words and technicalities .

 Tendency to eliminate protocol treatment and submission of the sender to the receiver.

 Suppression of greeting and farewell formulas in mere formality communications between

As far as the lexicon is concerned (although it is not a criterion of clarity and precision), there is a
tendency to use non-sexist language.

[ edit ] Sociolinguistic situation in Spain

The situation of the Spanish language in Spain in legal and administrative texts, with regard to the
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area of the Autonomous Communities with languages other than Spanish, is quite disparate.
needed ]
As established by the Linguistic Normalization Law of 1983, the language of the administration (and
therefore of justice) is the vernacular. As for the administration, it has been achieved that the official
language is, to such an extent that if a request is written to the public administration in Spanish, it
must be answered in Catalan, Basque or Galician, unless it is explicitly expressed. contrary.

In justice, the situation is very different. Spanish is what conveys legal concepts. The reason is that a
large part of the resources and regulations are in the Spanish language.
3.- ADMINISTRATIVE AND LEGAL TEXTS

3.1.- LANGUAGE IN ADMINISTRATIVE AND LEGAL TEXTS

It is a strongly conventional language that is difficult to access without prior preparation. It is distinguished
by its distance and difficulty , which often prevents it from being a vehicle of communication with citizens.
A conservative and stereotyped discourse predominates in them and they tend to be organized in a
systematic, coherent and formalized way.

-Linguistic conservatism , which is manifested, above all, in the frequent use of archaisms . Use of the
future subjunctive , both imperfect and perfect.

Latinisms are proof of the influence that Roman Law has exerted on our current legislation. In addition ,
Latin phrases, aphorisms and maxims are frequent, due to their conservative, concise and sententious
nature. Words originating through cultist prefixes are also common.

- Formalized language , as demonstrated by the abundance of phraseological formulas, periphrastic

There is a preference for nominal structures over verbal ones and for non-personal verbal forms.
Likewise, impersonal sentences with se and reflexive passives are widely used. Sometimes the so-
called official plural is used.

-Specialized vocabulary .

· The technicalities , of a monosemic and precise nature .

· Words composed by juxtaposition.

· Specifying and postponed adjectives.

· Abbreviations.

· The proliferation of synonyms.

-Convoluted and repetitive syntax that causes ambiguity and lack of clarity. Conditional
subordinate clauses and adversative and disjunctive coordinates are the most used. Long
enumerations are common .

3.2.- TYPOLOGY OF ADMINISTRATIVE TEXTS

-Proceedings

-Circulars

-Trades

-Certificates

-Instances

-Contracts
3.3.- TYPOLOGY OF LEGAL TEXTS

The legal texts can be grouped into two large blocks:

 Legal texts

-Law

-Decree-law

-Ministerial order

-Resolution

 The procedural texts

-The demand

-Sentence

-The resource

-Recourse of appeal

-Appeal of cassation

-Recourse for protection