LEGAL LATIN

Evening Star, Issue 21750, 19 June 1934, Page 11

LEGAL LATIN

DROPPING OUT OF USE . i \ “ REX ” IS NOW “ THE KING.” Is Latin usage among lawyers less frequent and is there a trend for less use to bo made of Latin phrases and maxims? During the past few weeks, and especially during the last sittings of the Court of Appeal, more lawyers resorted to the use of Latin maxims and phrases than had been noticeable for a long period. Latin, however, seems to be doomed to less frequent utterance. Barristers in Wellington seen by an ‘ Evening Post ’ reporter were inclined to agree that there is a plain tendency in this direction. The reasons given were that younger lawyers, of to-day as distinguished from lawyers of yesterday were less inclined to give attention to nice Latin, either in construction or in pronunciation. Even when Latin was quoted in the courts there was a markedly Anglicised pronunciation. More and more, lawyers were constrained to consult Latin maxim books rather than be able, from their knowledge of the language, to understand and quote. That did not mean that certain Latin maxims were passing out of legal ken. “ Mens rea,” for instance, interpreted broadly as meaning a state of “ guilty mind,” could hardly be replaced in the near future by the term “ guilty mind.” This and other terms of the kind- were definitely legal terms which no others could replace. CORRECTION FROM BENCH. The Chief Justice recently corrected counsel in regard to the manner of citation of cases. “ I refer your Honour to 1 Rex versus ,” said counsel during legal argument.

“ The King,” interposed His Honour. “ The case is referred to here as ‘ Rex versus your Honour,” replied counsel. “ Counsel usually—in England, at all events—refer to such cases as ‘ The King,’ ” observed His Honour. That aspect of the matter was rather different, said the barrister, discussing His Honour’s correction. That dealt with the custom now in vogue among leading and more experienced counsel of dropping the Latin term in quoting cases.. Cases formerly called “ Rex versus Brown ” are now referred to as “The King and Brown,” and similarly “ Regina ” is now quoted as “ The Queen.” “H think that in modern judgments one finds that Latin expressions are not so much used as was formerly the case.” said a leading barrister. “ I think, too, the present-day lawyer has greater difficulty than past lawyers had in interpreting Latin.” “ Many do not use Latin because they regard it as a form of affectation,” said one counsel. _ “ Speaking generally, the same thing lias happened everywhere. In Victorian politics many speeches were garnished with Latin and Greek quotations. To-day one hardly hears of such a thing.”