EXPLORING THE INTERPLAY OF POWER AND THE ENGLISH LANGUAGE: AN ANALYSIS OF LEGAL DISCOURSE

Abstract

This is a study about the interaction of power with language in legal discourse more particularly in English language legal texts. Based on the three dimensions of Critical Discourse Analysis (CDA) proposed by Norman Fairclough, attempts to view how the linguistic tools are used in legal documents to gain power, to be objective and to also represent institutional status. Further, a qualitative analysis of a subsample of contexts from English-speaking contexts in the domain of court case, agreement, legislation and legal pleadings was also performed. In law, as the study suggests, the language is not just used but it is, in some manner, explicitly pointed towards making the legal power sound legit, formal, but at the same time inaccessible and difficult to understand. It also notes that the complexity and layering of language in the law is often harmful to those on the margins, such as immigrants and non-native speakers, who may not be able to fully understand or follow the entire wording of the law. Thus, legal language can be a selective gate as it can exclude some people from understanding the laws, as well as include them. The study then suggests action measures such as the use of plain language, development of awareness of discourse (DWD) in law-related education and training, and policy development to ensure that the language of access to legal procedures is a reality. Finally, the implications here are not theoretical only, but also apply to legal writing and the common law.