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Title: Borrowed Legal Discourse in Pakistani Bar and Bench: An Explanatory Analysis
Authors: Shahid Hussain Mir, Sardar M.A Waqar Khan Arif, Syeda Maryam Fatima
Journal: Journal of Asian Development Studies
Publisher: Centre for Research on Poverty and Attitude pvt ltd
Country: Pakistan
Year: 2023
Volume: 12
Issue: 4
Language: English
DOI: 10.62345/
Keywords: legal discourseBar & BenchLinguistic TermsPakistani Jurisdiction
Like many other legal systems worldwide, the sophisticated language element of Pakistan's legal register contains a substantial percentage of expressions borrowed from other linguistic traditions. In this study piece, using borrowed terms in Pakistani legal register speech is difficult. The country's legal discourse's historical continuity, accuracy, and clarity are significantly influenced by these language components, which are frequently taken from Latin, Persian, and English. Like many legal systems worldwide, the Pakistani legal register is characterized by a diverse linguistic fabric, with a large amount of terminology acquired from other languages. This research looks into the problem of explanatory borrowed legal speech among Pakistan's Bar and Bench. We are focused on comprehending how little linguistic differences impact communication and how foreign legal terminology influences juries, attorneys, and the legal system. Additionally, the goal of this study is to explore the complex network of borrowed terms that are used in Pakistani law. These linguistic components are frequently drawn from Latin, Persian, and English and are crucial for evaluating the nation's legal discourse's accuracy, coherence, and historical continuity. This research examines and explains the problem of borrowed legal speech in Pakistani bench and bar talk. The study investigates the rationale behind adopting this borrowed terminology. It focuses on comprehending the language intricacies and the effects of foreign legal phrases on judges, legal practitioners, and legal procedures. The study clarified how incorporating foreign legal language impacts the communication techniques within the Pakistani legal community by thoroughly analyzing legal texts, court hearings, and professional communication. Insights into the consequences of borrowed legal language for professional identity, legal clarity, and Pakistan's larger legal culture are provided by the analysis, which takes into account historical, cultural, and practical reasons that contribute to its predominance.
To locate and classify borrowed terminology in Pakistan's law register, examine the rationale and historical background of its adoption, evaluate its impact on comprehensibility, interpretation, and accessibility of the law, and suggest improvements for linguistic accuracy and usability in Pakistani legal language.
A descriptive study employing a qualitative approach. Data was collected from legal texts, specifically Section 11 of the Civil Procedure Code 1908, statutes, and case law, to identify and categorize borrowed terms. Analysis involved multidisciplinary linguistic and legal analysis tools.
graph TD;
A["Identify Research Problem"] --> B["Review Literature"];
B --> C["Define Research Objectives"];
C --> D["Select Methodology: Descriptive Study"];
D --> E["Data Collection: Legal Texts, Statutes, Case Law"];
E --> F["Linguistic and Legal Analysis"];
F --> G["Identify and Classify Borrowed Terms"];
G --> H["Analyze Rationale and Historical Background"];
H --> I["Evaluate Impact on Comprehensibility"];
I --> J["Discuss Findings and Cultural Impact"];
J --> K["Formulate Conclusion and Suggestions"];
The study discusses the nature of borrowed legal phrases, providing examples from international and Pakistani law registers. It attributes the borrowing to historical factors like the colonial legacy, globalization, international treaties, legal education, efficiency and clarity needs, adaptation to societal changes, legal harmonization, and judicial precedents. The cultural impact of these borrowings is complex, reflecting interactions between legal customs, historical context, and social norms.
The Pakistani legal register contains a substantial percentage of expressions borrowed from other linguistic traditions, primarily Latin, Persian, and English. These borrowed terms are crucial for the historical continuity, accuracy, and clarity of the country's legal discourse. They are used for precision, clarity, and to preserve centuries-old legal traditions and principles.
The Pakistani judiciary heavily uses borrowed terminology, particularly from English common law and Latin. These terms enhance legal clarity, promote international cooperation, and give the Pakistani legal system a distinct character. However, cultural sensitivity is necessary to ensure relevance and accessibility within Pakistan's sociocultural framework, balancing historical continuity with the dynamic nature of Pakistani law.
- The study was published in the Journal of Asian Development Studies, Vol. 12, Issue 4 in December 2023. (Confirmed)
- Section 11 of the Civil Procedure Code 1908 is cited as a source for data collection. (Confirmed)
- Borrowed terms are primarily from Latin, Persian, and English. (Confirmed)
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