Why there is such a strong presence of the Latin language in Law?
While many of our legal traditions come from England, several of the phrases and terminology that we rely on in law are in Latin. Why is that, you ask? It’s likely that the reasoning is as simple as the fact that early English texts and courts often used legal maxims and doctrines from Roman law to provide the basis for their decisions in court. Regardless of how they came about, many Latin phrases have remained in our law over the years and are often used in case law, textbooks, and papers. Here are a few common examples:
Ab initio (“from the beginning”) is used to refer to something from the start or the instant of the act, instead of when the court made the declaration.
Amicus curiae (“friend of the court”) is used to indicate someone who has been specifically asked by the court to provide information which is lacking from the parties but otherwise necessary.
Contra proferentem (“against the one bringing forth”) is the legal doctrine that directs any ambiguity found when interpreting a document to be construed unfavorably towards the drafter of the document.
Injuria non excusat injuriam (“a wrong does not excuse a wrong”) refers to the common phrase “two wrongs don’t make a right.”
Prima facie (“at first site”) is commonly used in cases in which the party has produced evidence that allows the court to infer the facts at issue and rule in their favour. Referred to as a rebuttable presumption – the decision is inferred unless the other side can present evidence to disprove the inference.
