Jan Lazar
From
In residence at
Institute of Interdisciplinary Law Research (IRJI) / University of Tours - FR
Host scientist
Fabienne Labelle
PROJECT
Penetration of neological loan-words from English into French and Czech legal language
The French legal language (le langage juridique) is traditionally known for its precision, formality, and deep roots in Latin and the Napoleonic Code. The French legal style is distinct for its high degree of formalism and specific terminology. French legal terminology is not merely a technical vocabulary; it is a system deeply rooted in the history of the French state. The foundation of this lexicon was laid by the Ordinance of Villers-Cotterêts (1539), which established French as the official language of law, replacing Latin. This transition was designed to ensure that justice was understandable to the subjects of the King. The later Napoleonic Code (1804) further refined this terminology, emphasizing logic, abstraction, and the civilian tradition. As a result, French legal terms are characterized by a high degree of conceptual stability and systemic coherence. However, the forces of economic globalization and the dominance of Common Law in international business have led to an increasing anglicization of French legal practice. We can state that French legal language is facing significant pressure from the global dominance of English. As international business and common law principles expand, Anglicisms are increasingly permeating the professional vocabulary of French jurists, particularly in the sectors of corporate law, finance, and international arbitration. The rise of Anglicisms is not merely a matter of fashion but a result of structural changes. Many international contracts are drafted based on Anglo-American models. When these concepts are imported into the French Civil Law system, practitioners often retain the English terminology to avoid the risk of losing something in translation. This has created a hybrid jargon often referred to as “Franglais juridique,” which, while practical for international deals, creates challenges for traditional legal interpretation. The challenge for modern French jurists is to find a balance: embracing the necessary terminology of global commerce while ensuring that the foundational principles and the linguistic clarity of the French Civil Code are not eroded by the penetration of Anglicisms. To prevent the erosion of its legal heritage, France utilizes a unique institutional framework. The Toubon Law remains the primary legal instrument, ensuring that any document affecting a citizen's rights must be in French. A crucial tool in this defense of French is FranceTerme, the official database managed by the Ministry of Culture. This platform serves as a linguistic laboratory where legal experts and linguists collaborate to provide French alternatives to English legal neologisms. The French legal language is currently at a crossroads. While it remains a symbol of national sovereignty and intellectual rigor, it must adapt to a globalized world where English is the dominant commercial medium. The same situation can be observed in the Czech legal language, which is also overwhelmed with Anglicisms.