Examining the Language of Law in Historical Texts

The language of law has played a pivotal role in shaping societies, institutions, and justice systems across time. This study critically examines the evolution and function of legal language within historical legal texts, tracing its development from early jurisprudential codes to modern legal frameworks. Drawing from a range of linguistic, hermeneutic, and legal-philosophical approaches, the paper explores how legal terminology, structures, and interpretive practices have transformed in tandem with shifts in political authority, cultural context, and societal needs. Special emphasis is placed on the intersection of language, power, and accessibility, revealing how legal language has often both empowered and excluded. By analyzing selected legal documents from various epochs, including Roman law, medieval European codices, and early modern statutory texts, this paper evaluates how legal meaning is constructed and understood. It also highlights contemporary challenges in legal interpretation arising from ambiguities, translation issues, and the specialized nature of legal discourse. The study advocates for a re-evaluation of the linguistic practices of legal professionals to promote inclusivity, precision, and transparency in legal communication. Keywords: Legal language, legal history, historical legal texts, hermeneutics, legal terminology, law and linguistics, interpretation.

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Publication Details

Journal
Newport International journal of research in education (NIJRE)
Published
2025-10-04
DOI
https://doi.org/10.59298/nijre/2025/522732
Primary Topic
Comparative and International Law Studies
Type
article
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article

Examining the Language of Law in Historical Texts

Asuma Mariita Nchaga
Newport International journal of research in education (NIJRE)
Comparative and International Law Studies
article

Examining the Language of Law in Historical Texts

Asuma Mariita Nchaga
article en

Abstract

The language of law has played a pivotal role in shaping societies, institutions, and justice systems across time. This study critically examines the evolution and function of legal language within historical legal texts, tracing its development from early jurisprudential codes to modern legal frameworks. Drawing from a range of linguistic, hermeneutic, and legal-philosophical approaches, the paper explores how legal terminology, structures, and interpretive practices have transformed in tandem with shifts in political authority, cultural context, and societal needs. Special emphasis is placed on the intersection of language, power, and accessibility, revealing how legal language has often both empowered and excluded. By analyzing selected legal documents from various epochs, including Roman law, medieval European codices, and early modern statutory texts, this paper evaluates how legal meaning is constructed and understood. It also highlights contemporary challenges in legal interpretation arising from ambiguities, translation issues, and the specialized nature of legal discourse. The study advocates for a re-evaluation of the linguistic practices of legal professionals to promote inclusivity, precision, and transparency in legal communication. Keywords: Legal language, legal history, historical legal texts, hermeneutics, legal terminology, law and linguistics, interpretation.

Newport International journal of research in education (NIJRE)Vol. 5(2)
Kampala International University (UG)
Openalex Percentile: Top 58%
Comparative and International Law Studies
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Examining the Language of Law in Historical Texts — Asuma Mariita Nchaga · Newport International journal of research in education (NIJRE) (2025) | TGRS Research Map | TGRS