Understanding the Links Between Language and Power

(Source: Second Hen'd)

My name is Teagen Fedro-Soehngen, and I am a senior at Webster University. I am majoring in Legal Studies, and I have worked as a paralegal or legal assistant at various firms for ten years. I grew up just outside of Chicago and have lived in St.  Louis since 2006. My hobbies are gardening and caring for my flock of chickens. I also volunteer for an organization called Second Hen'd that finds loving homes for ex-commercial laying hens. The photo is of one of the girl's transformation from caged conditions to beloved pet. 

(Source: pexels.com)

For myself, language and power come into play since my job is in the legal field. One of the fields mentioned in our reading as holding its "...dominance with the complicity of the general public..." (Ng, 2017). This allows attorneys to hold power over the general population. The use of Latin and other terms, such as administratrix or executrix, referred to as legalese, are often archaic and confuse the general public. The public has not yet demanded the removal of this language from the field in order to make the documents produced more accessible to lay-people. 

"...[W]ho submits to the use of the language and accedes to the profession's authority in interpreting its meanings in matter relating to their legal rights and obligations." (Ng, 2017). This quote stuck out to me because it is true to my personal experience, I have found that people tend to put their trust into my words because of my background in law. I can tell that what I say holds more weight than that of another person speaking on a legal topic. I have found that friends rely on me for advice that may require a complex answer or further research to unveil the true meaning. 

(Source: pexels.com)

This leaves me often with a dilemma since I must walk a thin line between being a friend giving another friend advice and a legal professional. I know I cannot give legal advice because I am not an attorney and the friend is not my client, but I have friends come to me with documents simply saying that they do not understand what is being said. The perpetuation of the legal profession to use this language that is still confusing even in this digital age when a simple Google search can provide a definition. When one is dealing with legal documents it is not often for a good reason. There may have been a death in which probate documents are now being drawn up, a divorce, or perhaps even a criminal action occurred. This thought exercise has made me realize that “‘power is everywhere’ and ‘comes from everywhere’”(Foucault 1998:63).

For further reading on this topic: What is legalese? and What is plain language law and why use it?

Works Cited: Ng and Deng. "Language and Power." Oxford Research Encyclopedia of Communication, 2017, doi:10.1093/acrefore/9780190228613.013.436.