[Paleopsych] TLS: (A third John Gray) Justin Warshaw: Law
Premise Checker
checker at panix.com
Wed Jun 22 19:43:39 UTC 2005
That's the end of all the TLS's articles by or about John Gray. He's the
most important political philosopher living and or because he's the
hardest to predict.
Justin Warshaw: Law
The Times Literary Supplement, 3.2.14
http://the-tls.co.uk/archive/story.aspx?story_id=2081186&window_type=print
LAWYERS' LATIN. A vade-mecum. By John Gray. 143pp. Hale. £9.99. - 0
7090 7066 7
Little has rattled the Bar of England and Wales more than Lord Woolf's
attack on legal Latin, save perhaps recent fears that the wearing of
wigs may be abolished.
The introduction of new civil procedure rules in 1999 heralded the
beginning of the end, not only of ancient (but familiar) English words
such as "writ" and "plaintiff", but the wholesale butchery of
courthouse Latin.
John Gray, who should not be confused with either the libertarian
philosopher or the author of the bestselling self-help book for
couples, Men are from Mars, Women are from Venus, is a former
barrister and recorder who hails, or so it appears from his choice of
topic and of foreword writer (Lord Deedes), from a very old school.
His asserted aim, however, is to preserve legal Latin for young law
students and lawyers, the very group who he fears may welcome its
demise.
The product of his attempt at conservation is a remarkably readable,
erudite and at times witty collection of words, tags and maxims. He
illustrates entries with a series of examples ranging over legal
authorities, forensic fables, the canon of English poetry, classical
and even biblical references. In explaining the concept of aequitas
sequitur legem, he weaves in the story of Everet v Williams - a
partnership action in which the parties were two eighteenth-century
highwaymen, one suing the other for an account of some of their
jointly stolen goods (their solicitors were thrown in the Fleet prison
for contempt).
Pervading the book is Gray's amused contempt for the political
correctness which has led to the banishment of Latin. Is Magna Carta
to be translated? What value changing certiorari to a "quashing
order"? He points out that in Europe our legal masters continue to use
Latin with relish in their judgments. Attacks on Latin are not new.
Even the Duke of Wellington is said to have reminded new Members of
Parliament "don't quote Latin; say what you have to say, and then sit
down".
Gray's fear is perhaps a little misplaced, and would be alleviated by
a day down at the law courts. Already this year a High Court Judge in
the Family Division has quoted Virgil extensively in the original.
The only criticism that can be levelled at this very full little
reference book is its failure to give any guidance on pronunciation.
It seems remarkable that Gray missed the opportunity to join the
debate which has raged at the Bar for years over whether schoolboy
Latin pronunciation should be used, or the apparently more correct,
anglicized version favoured by the Americans. But Lawyers' Latin is a
useful guide, and entertaining enough to be read cover to cover.
More information about the paleopsych
mailing list