Extras - Language and the Law: A Conference Review
By Kumar Percy, Published on March 1, 2002
To celebrate the achievement of collecting a million volumes, the Jamail
Center for Legal Research of the University of Texas sought a millionth volume
that would symbolize the role of the law library. In honor of the Millionth
Volume, the library held The Language & the Law Conference from
December 6-8, 2001, a three day event devoted to the synergy between language
and law.
If the study of law is an investigation into the meaning of words, then law
libraries are the labs for this investigation and dictionaries are fundamental
tools. As its symbolic Millionth Volume, the library chose a rare copy of the
first English legal dictionary, John Rastell's Exposicions of (th)e Termys of
(th)e Law of England. First published in the sixteenth century, Rastell's
dictionary was the foundation of all subsequent legal dictionary. It was not
only the first English law dictionary ever printed, but also the first
dictionary of any kind published in the English language.
The Language & the Law Conference was an international conference that
brought together experts from around the world to discuss the synergy between
language and the law. The library invited a diverse array of speakers from
different disciplines, including linguists, philosophers, judges, legislators,
legal scholars, and law librarians.
The programs inspired theoretical discussions about the ways that language
influences the development of the law, and the integral role that law
libraries have played in the process. At the same time, the speakers also
offered practical advice about drafting legislation, composing opinion
letters, and defining legal terms.
The conference started with a full day workshop devoted to acquiring rare law
books and manuscripts. Anthony Taussing, the speaker for the short course, is
a London barrister and one of the world's leading private collectors of rare
English law books and manuscripts. The workshop covered the topics of how to
bid at auctions, how to negotiate with dealers, and how to build a collection
of rare law books and manuscripts. Mr. Taussig offered insights into the
unique aspects of legal materials and how to set a value for such items. The
workshop also included lively discussions how an item's monetary value can
differ from its scholarly value and the difference between institutional and
private collectors.
The conference proceedings began with an introduction and welcome. President
Faulkner of the University of Texas and Dean Powers of the UT School of Law
used this as an opportunity to reflect on the many accomplishments of the
Jamail Center for Legal Research. Prof. Mersky also noted that the Millionth
Volume was a welcome addition to the library's extensive collection of rare
legal dictionaries.
The proceedings continued with a panel devoted to the early days of English
legal lexicography. Michael Widener started the program with the history of
the Millionth Volume, a unique combination of the first and third editions of
Rastell's dictionary. John Baker and Anthony Taussig discussed how John
Rastell and his son William helped shape English law since the sixteenth
century.
Victor Tunkel ended the first program by going off topic and discussing the
role of Hebrew in the development of English law. He explained that medieval
Jewish moneylenders operated in Great Britain and memorialized loans through
Hebrew-language documents called "stahs." The "stahs" influenced the
development of British law, especially commercial law. Additionally, the
Hebrew word "stah" may be the origin of the term Star Chamber, a notorious
tribunal conducted in a chamber that housed "stahs."
During the next panel, Morris Cohen, and George Grossman explained the history
of legal lexicography since Rastell and the evolution of legal dictionaries.
The topics covered, among others, the history and
present state of legal lexicography, the role of dictionaries in the
development of the law, the role of storytelling in the legal system, the
plain language movement, and finally the role of law libraries in preserving
the law. One interesting program discussed how legislators in Australia are
using graphics in legislation.
Another highlight was a lunchtime speech by Bryan Garner, the editor of the
seventh edition of Black's Law Dictionary. He discussed how the new edition
varies from the previous ones. One significant change is the inclusion of
quotations from scholarly and not from judicial opinions. The scholar's
quotations are intended as authoritative explanations of terms, not examples
of usage by individual judges.
Mr. Garner's talk was an excellent foundation for Lawrence Solan's
presentation of how judges misuse dictionaries. Mr. Solan, a linguist and a
legal scholar, argues that lexicographers and judges look at definitions from
different viewpoints. The judiciary uses the elements of a definition to
decide a case, the lexicographer create a short general definition based upon
common usage. Mr. Solan suggested that dictionary definitions are often too
general to answer a judicial question. He suggests that dictionaries not be
used to find ultimate definitions, but as one tool to help distill the full
meaning of words.
The programs had a distinctive common law flavor, with speakers from the US,
the UK and Australia. However, the participants included legal experts from
around the country and the globe, including India and the Court of Justice of
the European Communities. A good place to mingle with participants was the
conference's exhibit hall. One exceptional exhibit was a history of Shepard's
Citations, complete with original Shepard's flags from the Nineteenth Century.
The conference also catered several meals, offering other opportunity to meet
the participants. A dinner banquet included entertainment from a law-inspired
musical group of lawyers, the Bar and Grill Singers, and a speech by
Christopher Ricks, of Boston University. He discussed law, language, ethics,
literature, and Bob Dylan. The conference closed with a BBQ lunch and a speech
by Sir David Williams of Cambridge University, which was an excellent
summation of the conference.
Overall, the Language and the Law Conference was an engaging three-day
event. It was an excellent study of language and the law.
For more information, see the Conference Website:
http://www.law.utexas.edu/conference/. It has a wealth of information
about the topic of language and the law. It also includes a video archive of
the conference proceedings. Additionally, the Jamail Center for Legal Research
is in the process of publishing the proceeding papers from the conference.
