Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-x4r87 Total loading time: 0 Render date: 2024-04-26T04:08:49.967Z Has data issue: false hasContentIssue false

18 - Language and the legal system

Published online by Cambridge University Press:  04 May 2010

Braj B. Kachru
Affiliation:
University of Illinois, Chicago
Yamuna Kachru
Affiliation:
University of Illinois, Chicago
S. N. Sridhar
Affiliation:
State University of New York, Stony Brook
Get access

Summary

Introduction

In South Asia, law and language are inextricably intertwined not only in the construction and consumption of sociolegal relationships and in the authorization of sociopolitical and individual actions but also in the creation of social structures, the nurturing and shaping of political ideologies, and the negotiation of social and individual identities. In order to have a comprehensive understanding of the role and function of language in legal systems, it is necessary to specify the complexity of interpretations of some of the terms and issues arising from this dynamic relationship, especially in the contexts of multilingual and multicultural contexts.

First, although legal systems are invariably influenced by religion and culture, they have an inseparable relationship with language, which is typically used as an instrument of legal expression, both in spoken and written forms. We are more familiar with the use of written language as a vehicle for the communication of legal content in modern times, but the use of speech in legal settings was common in ancient times. The ancient Indian legal systems provide good examples of such uses of speech in legal contexts. The legal system during the Vedic period created social norms to regulate human behavior, but there were no facilities to record these rules and regulations in the written form. The social code embodied in the Shruti was memorized and handed down from one generation to another.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×