Chapter 2.

Language and Definitions

1. Language Functions
Introduction:
We use language for many purposes in daily life — not only to share information but also to
express our emotions or influence others’ actions. The meaning of a sentence depends on how it
is used.
Main Functions of Language:
1. Informative Function:
This is when language is used to give information or describe facts.
Example: “Water boils at 100°C.”
Here, the goal is to tell something true or false.
2. Expressive Function:
This is when language is used to show how someone feels.
Example: “That’s wonderful!” or “I’m sad today.”
It tells us about the speaker’s feelings or emotions.
3. Directive Function:
This use of language tries to influence others or tell them what to do.
Example: “Please close the door.” or “Don’t litter.”
It gives a request, order, or advice.
Other Functions:
 Ceremonial: Used in polite or social expressions like “How do you do?” or
“Congratulations.”
 Performative: Words that do something when spoken, such as “I promise,” “I
apologize,” or “I accept.”
Summary:
Language mainly serves three purposes — to inform, express, and direct. The same sentence
can have more than one function depending on the situation. For example, “It’s late; we should
go” both informs and directs.

2. Emotive Language, Neutral Language, and Disputes

Introduction:
Sometimes words are used not only to state facts but also to create emotions or attitudes in
listeners. Such language can be used to persuade, inspire, or even mislead.
1. Neutral Language:
Neutral words are used only to give information. They do not carry emotional meaning.
Example: “He died last night.” – This just states a fact.
2. Emotive Language:
Emotive words express or create feelings. They can make people feel happy, angry, or sad.
Example: “He was murdered” sounds stronger and more emotional than “He died.”
Because emotive words affect emotions, they can sometimes distort truth or create bias. For
example, “freedom fighter” and “terrorist” may describe the same person, but they make people
feel very differently.
Euphemisms:
Sometimes we replace harsh words with softer ones — for example, saying “passed away”
instead of “died.” This makes the language more polite or gentle.
When to Use:
 Emotive language is fine in art, literature, or speeches.
 But in science or logic, we should use neutral and clear words to avoid confusion.
Emotive Language in Disputes:
People may disagree because their words have different emotional meanings. For example, two
people discussing the death penalty may agree on the facts but differ in their feelings about
whether it is right or wrong.
So, some disputes happen because of different attitudes, not different facts.
Summary:
To think and argue clearly, we should understand how words can carry emotions. Using neutral
language helps avoid misunderstanding.

3. Disputes and Ambiguity

Introduction:
A lot of arguments happen because people use the same words in different ways. When a word
or phrase has more than one meaning, it is ambiguous. Ambiguity often causes confusion and
verbal disputes.
Types of Disputes:
1. Genuine Dispute:
This is a real disagreement about facts or beliefs.
Example:
A: “The Earth is flat.”
B: “No, it’s round.”
This can be solved with evidence or proof.
2. Merely Verbal Dispute:
The argument is only about the meaning of words, not about real facts.
Example:
A says, “A tree falling in a forest with no one to hear it makes no sound.”
B says, “It does make a sound.”
They mean different things by “sound” — one means noise heard by someone, the other
means vibrations in the air.
Once they clarify what they mean, the dispute ends.
3. Apparently Verbal but Really Genuine:
At first, it seems like a simple word misunderstanding, but the disagreement goes deeper
— about beliefs or values.
Example:
 One person says a movie is “pornographic,” another says it is “art.”
They differ not only on the word’s meaning but also on their moral views.
How to Solve Disputes:
 First, check if there is ambiguity — do the people mean the same thing by their words?
 If yes, and they still disagree, it is a genuine dispute.
 If clarifying the words ends the argument, it was only a verbal dispute.
Summary:
Disputes can come from both real differences in belief and language confusion. Understanding
and clearing up word meanings helps in solving many arguments.

Chapter 3 – Fallacies
1. What is a Fallacy?
Introduction:
When we think or argue, we try to reason correctly. But sometimes our thinking looks right
while it is actually wrong. Such mistakes are called fallacies.
Definition:
A fallacy is a wrong way of reasoning that seems true but is actually false.
Example:
“All cats are animals. All dogs are animals. So, all cats are dogs.”
→ This looks logical but is wrong — it’s a fallacy.
Types of Fallacies:
1. Formal Fallacy – mistake in the structure of logic.
2. Informal Fallacy – mistake in the content or meaning of the argument.

2. Classification of Fallacies
Fallacies are divided into four main groups:
1. Fallacies of Relevance – The reasons are not related to the conclusion.
2. Fallacies of Defective Induction – The reasons are too weak to support the conclusion.
3. Fallacies of Presumption – The argument assumes something not proven.
4. Fallacies of Ambiguity – The argument uses words with unclear or double meanings.

3. Fallacies of Relevance
These fallacies try to win an argument by using emotions or distractions instead of logic.
R1. Appeal to the Populace (Ad Populum)
Tries to prove something by saying many people believe it.
Example: “Everyone is buying this phone, so it must be the best.”
R2. Appeal to Emotion (Ad Misericordiam)
Uses emotions like pity or fear instead of reasons.
Example: “Please pass me or my parents will be sad.”
R3. Red Herring
Bringing in an unrelated topic to distract attention.
Example: When asked about cheating, saying, “The teacher is unfair anyway.”
R4. Straw Man
Changing someone’s argument to make it easier to attack.
Example: “You said we should save trees — so you want to stop all building work?”
R5. Argument Against the Person (Ad Hominem)
Attacking the person instead of their argument.
 Abusive: Insulting the person. Example: “Don’t listen to him, he’s stupid.”
 Circumstantial: Attacking the person’s situation. Example: “You’re rich, so you can’t
talk about poverty.”
R6. Appeal to Force (Ad Baculum)
Using threats or pressure to make someone agree.
Example: “Agree with me or you’ll be fired.”
R7. Missing the Point (Ignoratio Elenchi)
When the conclusion doesn’t match the reasons.
Example: “Crime is rising, so we should ban TV.”

Fallacies of Defective Induction

These fallacies happen when the evidence is too weak to prove the conclusion.
D1. Argument from Ignorance (Ad Ignorantiam)
Saying something is true because it’s not proven false.
Example: “No one proved ghosts don’t exist, so they must be real.”
D2. Appeal to Inappropriate Authority (Ad Verecundiam)
Using an unqualified person’s opinion as proof.
Example: “A movie star said this medicine works, so it must be safe.”
D3. False Cause (Non Causa pro Causa)
Thinking one thing caused another just because they happened together.
Example: “I wore my lucky shirt and we won the match.”
D4. Hasty Generalization
Making a general rule from too few examples.
Example: “Two boys from that city are rude, so all boys from there are rude.”
5. Fallacies of Presumption
These fallacies assume something is true without proof.
P1. Accident
Using a general rule in a special case where it doesn’t fit.
Example: “Cutting people is a crime; so surgeons should be punished.”
P2. Complex Question
Asking a question that already assumes something untrue.
Example: “Have you stopped lying?” – assumes the person was lying before.
P3. Begging the Question (Petitio Principii)
Using the conclusion as proof for itself (circular reasoning).
Example: “Reading is good because it makes you better at reading.”

6. Fallacies of Ambiguity
These fallacies happen when words or sentences have unclear meanings.
A1. Equivocation
Using the same word with two meanings in one argument.
Example: “A feather is light. What is light cannot be dark. So, a feather cannot be dark.”
A2. Amphiboly
Confusing sentence structure that causes double meaning.
Example: “I saw a man with a telescope.” – who had the telescope?
A3. Accent
Changing meaning by putting stress on a word.
Example: “I didn’t take his money” – maybe someone else did.
A4. Composition
Saying what is true for parts is true for the whole.
Example: “Each player is good, so the team must be good.”
A5. Division
Saying what is true for the whole is true for parts.
Example: “The team is famous, so every player is famous.”

✅ Summary
 A fallacy is a mistake in reasoning.
 Some fallacies appeal to emotions, some use weak evidence, some assume things, and
some use unclear language.
 Learning them helps us think clearly and avoid being tricked by bad arguments.
Lesson 1 – An Introduction to Logic and Legal
Reasoning

1.1 Literal Meaning of Logic

Meaning:
The word logic means thinking in a sensible, reasonable, and fair way.
It is the ability to use good judgment and clear thinking.
Example:
If you cannot find your wallet, you may think logically:
 I dropped it somewhere.
 I left it at home.
 Someone took it.
These are logical possibilities because they are based on reason.
Technical Definition:
Logic is the science of drawing correct conclusions from given facts.
It helps us evaluate arguments and decide whether they are true or false.
In short:
Logic is the science of correct thinking.

1.2 Significance of Logic in the Study of Law

There is a strong connection between law and logic.
After court cases, people often say things like:
 “The lawyer gave a very logical argument.”
 “The evidence was presented logically.”
This shows that in legal work, logic is essential.
A lawyer must present clear, well-reasoned arguments to convince a judge or jury.
So, understanding logic is a key part of studying law.

1.3 Use of Logic by Legal Professionals

Lawyers use logic every day in their profession — in speaking, writing, and preparing cases.
To make their arguments acceptable in court, lawyers must use logical reasoning.
That’s why learning logic is very important for all law students.
1.4 Mistaken View of Law Students about Logic
Many law students wrongly think they only need to learn the law itself,
and that the art of argument can only be learned later by working with lawyers.
This is a mistake.
Students must also learn how to apply the law logically to real-life situations.
That’s why logic and legal reasoning are essential subjects in law education.

1.5 Logic Requires Law Students to Think Like

Lawyers
Law students must learn to think like lawyers, not just memorize laws.
This means using logic to analyze, build, and judge arguments.
Example:
A famous law professor in the movie The Paper Chase said:
“You come in here with a head full of mush and leave thinking like a lawyer.”
To “think like a lawyer” means to:
 Use logic to make clear arguments,
 Analyze and question every statement, and
 Find conclusions based on facts and legal principles.

1.6 What Does Reasoning Mean?

Reasoning means thinking carefully and logically about something.
It is the process of drawing conclusions from given facts or evidence.
Example:
If there is smoke, we reason that there must be fire.
So, reasoning helps us find truth through logical thinking.

1.7 Definition of Argument

An argument is a group of statements made to prove something.
 A statement is a sentence that can be true or false.
Example: “He is a student.” (true or false)
Example: “Chocolate contains sugar.” (true)
Statements like questions, suggestions, or commands are not arguments because they can’t be
true or false.
Example:
“Where is your book?” or “Close the door!” — these are not statements.
So, an argument is made up of true or false statements used to reach a conclusion.
1.8 What is Legal Reasoning?
Literal Meaning:
Legal reasoning means thinking logically about legal problems to find solutions based on laws.
It involves:
1. Finding the legal rule that applies to a problem.
2. Applying that rule to the facts of the case.
3. Reaching a reasonable legal conclusion.
Example:
If smoke is seen → we reason there’s a fire.
If 49 students are counted instead of 50 → one student is missing.
Similarly, in law, lawyers use logic to reach conclusions.

1.9 Technical Meaning of Legal Reasoning

Definition:
Legal reasoning is the process of solving a legal problem by applying legal principles to
facts.
When a lawyer or judge uses legal rules to decide a case, they are using legal reasoning.
Example:
A man shoots another person.
Two legal rules apply:
 Killing someone is punishable by law.
 Killing in self-defense is not a crime.
The lawyer studies the facts and decides which rule fits — this is legal reasoning.

1.10 Deductive Legal Reasoning

Meaning:
Deductive reasoning is when we start from general rules and apply them to a specific case to
reach a conclusion.
Example:
1. All humans are mortal. (general truth)
2. Ali is a human. (specific fact)
3. Therefore, Ali is mortal. (conclusion)
In law, lawyers use this type of reasoning to apply general laws to particular cases.

1.11 Syllogism or Syllogistic Legal Reasoning

Definition:
A syllogism is a method of reasoning that uses two statements (called premises) to reach one
conclusion.
  Major Premise: a general principle (e.g., “All men are mortal.”)
 Minor Premise: a specific fact (e.g., “Shehzad is a man.”)
 Conclusion: connects both (e.g., “Therefore, Shehzad is mortal.”)
Principle:
What is true of the general (universal) is true of the specific.
So, deductive reasoning moves from general to particular.
Example of Wrong Syllogism:
1. Some men are tall.
2. Shehzad is a man.
3. Therefore, Shehzad is tall. ❌
→ This is wrong because the major premise isn’t universal.
Importance for Law Students:
Law students should learn to identify and use syllogisms when reading cases or writing answers.

1.12 Cases for Practice (Simple Summary)

Case 1: State v. Kala Khan
Kala Khan hides his friend’s phone intending to take it later.
Question: Is this theft?
Law (Major Premise): Theft = taking property without consent and moving it dishonestly.
Conclusion: If Kala Khan moved the phone with dishonest intent, it can be theft.

Case 2: Government of Pakistan v. Mr. Black

A foreign diplomat (Mr. Black) kills a man in Pakistan and is arrested.
Law: Diplomats cannot be arrested (Vienna Convention).
Conclusion: Arrest is unlawful; he must be sent back to his country (“Persona Non Grata”).

Case 3: Badam Gul v. Pordil Khan

Badam Gul offered to sell a car to Pordil Khan.
But Kala Khan, not Pordil, accepted it.
Law: Acceptance must match the offer exactly (“Mirror Image Rule”).
Conclusion: No valid contract existed; no breach of contract.

Case 4: Mrs. Green v. Mr. Brown

Mr. Brown’s driver caused an accident while doing his job.
Law: A master is responsible for his servant’s actions (Vicarious Liability).
Conclusion: Mr. Brown must pay for Mrs. Green’s loss.
✅ Summary
 Logic = Science of correct and reasonable thinking.
 Law and Logic are closely linked — lawyers must use logic to argue clearly.
 Reasoning means drawing conclusions from facts.
 Arguments are groups of statements used to prove something.
 Legal reasoning applies legal rules to facts to reach fair conclusions.
 Deductive reasoning and syllogisms help move from general law to specific cases.
 Law students must think like lawyers — logically, clearly, and analytically.

Lesson 3 – Legalese (Legal English)

3.1 What Does Legal English Mean?

Definition:
Legal English (also called Legalese) is a special form of English used by lawyers, judges, and
legal professionals when talking or writing about law.
It has its own style, words, and structure, different from normal English. It is mostly used in
legal documents, contracts, laws, and court proceedings.
Why it is different:
 Law is very precise and serious, so language must be exact.
 It developed over hundreds of years and was influenced by Latin and French.
 That’s why legal English is often difficult for ordinary people to understand.
Example:
Instead of saying “He lived there before,” legal English may say:
“He heretofore resided in the aforementioned residence.”

3.2 Influence of Latin Language

Latin has had a strong effect on legal English.
Many Latin words and phrases are still used today such as:
 ad hoc (for a particular purpose)
 de facto (in fact)
 bona fide (in good faith)
 inter alia (among others)
 ultra vires (beyond powers)
In early history:
 Laws were written in Latin until about 1300.
 Then in French until 1485.
 Later in English from 1489 onward.
3.3 Usage of Mixed Language
In medieval times, lawyers mixed Latin, French, and English together.
This created double phrases called legal doublets, which used words from different languages to
make meanings more exact.
Examples of mixed or paired terms:
 Breaking and entering (English/French)
 Will and testament (English/Latin)
 Fit and proper (English/French)
 Have and hold (English only)

3.4 Difference Between Legal English and Standard

English
Legal English is very different from normal English in vocabulary, grammar, and structure.
Main Differences:
1. Complex Vocabulary:
Uses special terms like tort, plaintiff, consideration, defendant, etc.
Example:
o Consideration in common English means thoughtfulness.
o In law, it means something of value exchanged in a contract.
2. Unusual Sentence Style:
Legal sentences are long and complicated.
Example:
“Heretofore resided in the aforementioned residence.”
3. Lack of Punctuation:
Legal documents often use fewer commas and periods.
4. Foreign Words:
Uses Latin and French words like mens rea, ipso facto, prima facie, etc.
5. Special Word Meanings:
Some normal words have different legal meanings — like action means a lawsuit in law.

3.1.1 Example of the Difference Between Legal and

Standard English
Example:
A professor asked a student to give an orange as a gift.
 In Standard English:
“Take this orange as a gift from me.”
 In Legal English:
“I give you all and singular, my estate and interest, right, title, claim and advantage of
and in that orange, with all its rind, skin, juice, pulp and pips…”
→ This example shows how legal English is longer, more formal, and more detailed.
3.2 Chief Characteristics of Legal English

3.2.1 Unusual Sentence Structure

Legal sentences are long, complex, and sometimes confusing.
Example: “The borrower shall forthwith comply with the provisions hereinafter appearing.”

3.2.2 Insufficient Use of Punctuation

Older legal writings used very little punctuation, which made them hard to read.
Modern legal writing now uses punctuation properly to avoid confusion.
Example:
 Without punctuation: “Woman without her man would be stupid.”
 With punctuation: “Woman: without her, man would be stupid.”

3.2.3 Use of Latin and French Phrases

Many legal documents include Latin or French terms.
Examples:
 inter alia = among others
 prima facie = on the face of it
 ab initio = from the beginning
Also Latin maxims like ubi jus ibi remedium (where there is a right, there is a remedy).

3.2.4 Use of Older English Words

Legal English still uses old words like:
hereof, thereof, whereof, hereby, herewith, thereupon, therein.
These are used to avoid repeating names or phrases.
Example: “The parties hereto agree…” means “The parties to this contract agree…”

3.2.5 Use of Modifiers

Words like the said, the same, the aforementioned are common.
Example: “The said John Smith shall deliver the goods.”

3.2.6 Use of Alternative Endings

Legal English uses pairs like:
 employer / employee
  lessor / lessee
 donor / donee
These endings (-er / -ee or -or / -ee) show opposite roles in legal relationships.

3.2.7 Use of Phrasal Verbs

Phrasal verbs (verb + preposition/adverb) are often used technically.
Examples:
 enter into a contract
 serve upon other parties
 write off debts

3.2.8 Use of Technical Terminology

Legal English contains many technical legal terms that normal people may not understand.
Examples: waiver, estoppel, restrictive covenant, null and void, due care and attention.

3.2.9 Use of Common Words with Special Legal Meanings

Common Word Legal Meaning
Action Lawsuit
Alienate Transfer property
Application Formal court request
Consideration Value in a contract
Deed Written contract under
seal
Infant Minor
Party Person in a case or
contract
Serve Deliver legal
documents
Without Without losing rights
prejudice

3.3 Some Latin Legal Terms Used in Legal English

(1–25)
N Term Meaning
o.
1 Ab Initio From the beginning
2 Actus Reus The guilty or wrongful act
3 Ad Hoc For a specific purpose
4 Ad Litem For the case; used for guardians in
 lawsuits
5 Alibi Elsewhere; the accused was not at
the scene
6 Bona Fide In good faith
7 Causa Sine Qua An indirect but contributing cause
Non
8 Caveat Emptor Let the buyer beware
9 Certiorari Court order to review a lower decision
10 De Facto In fact (existing in reality)
11 De Jure By law (as a matter of right)
12 Dictum Judge’s observation or comment
13 Ex Parte Case decided in absence of one party
14 Habeas Corpus Order to bring a detained person
before court
15 In Absentia In the absence of a person
16 In Camera Private court session
17 In Personam Against a specific person
18 In Rem Against a thing or property
19 Inter Alia Among other things
20 Inter Se Between themselves
21 Intra Vires Within legal powers
22 Ultra Vires Beyond legal powers
23 Inter Vivos Between living persons
24 Ipso Facto By the act itself
25 Mens Rea Guilty mind or criminal intent

✅ Summary:
 Legal English is the formal and technical language of law.
 It was shaped by Latin, French, and Old English.
 It is more complex than standard English, using long sentences, modifiers, and special
terms.
 Latin phrases are still widely used to express legal principles.
 Understanding Legal English helps law students read and write legal documents
correctly.