Why is Latin so prevalent in legal English?

In 1066, Duke William of Normandy invaded and successfully occupied England.

Up until that point, England’s laws were a hodgepodge/ragbag (a mix) of different rules and customs from region to region. If you committed a crime in one region you might get a completely different punishment compared with committing a crime in a different region.

A royal takeover

As with any takeover, the winners were able to change the system and many Norman (old French) words began to be introduced into the English language.

The Normans began to introduce a more uniform legal system similar to the one that already existed in France.

Norman laws were written down in Latin and as with many aspects of the Northern French system, English law followed their path.

So while many Brits communicated in English, court records were written in Legal Latin up until at least 1733 when The Proceedings of Justice in Court Act took effect. This act stipulated that all court proceedings be recorded in English.

However, some Latin terms still survive in English and Welsh law to this day. Here are a few of them:

Latin English Example

Ad hoc

For this purpose

“They set up an ad hoc committee.”

In absentia

In his/her absence

“The defendant was tried in absentia.”

In camera

In private

“The case was heard in camera.”

Modus operandi

Method of working

“The thief had a modus operandi.”

Stare decisis

Precedent

“Binding precedent relies on stare decisis.”

To find out more about Legal English, head to the Legal English UK website.