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ADVANCED LAW LEXICON
By
P RAMANATHA AIYAR
He value of a dictionary consists in furnishing a clear, full and accurate meaning comprising various shades arising out of legislative enactment, reported decisions or established usage. In no country is there a greater necessity for a comprehensive dictionary of legal terms and phrases than in India. The proceedings of Indian Courts are, by and large, conducted in English, with which the majority of our people are not familiar. The standard law books and reports of judicial decisions are mostly in English. The pleadings are drawn, proceedings are conducted and arguments are made in English. There is a vast body of Vernacular words of peculiar import and nuances, pertaining mostly to land-tenures and land-revenue administration of several States, with which the Judges cannot be uniformly familiar. There are special terms governing customs, infinite in variety and number, which are prevalent in many parts of India. There are also phrases and words peculiar to Hindu Law, Mohammedan Law and the other personal laws. The wealth of these words has enriched, not impoverished, the legal vocabulary of Indian Jurisprudence. Further, even a cursory reading of law text books and reports will show that words, phrases and expressions which are peculiar to English Statutes, decisions and treatises have made their entry in Indian legal literature. It is imperative that the endless array of words and phrases emanating from diverse sources need to be explained and defined in a manner specially suited to the conditions and circumstances of our ethos.
Plan of the Work An important constituent of any dictionary is its comprehensiveness. Its value is impaired, if any word which may reasonably be sought for is not found therein. It has therefore been the aim of the editors in the compilation of this Lexicon to present definitions of legal words and phrases to the maximum extent possible and permissible, so as to enhance the Lexicon’s utility to the students, the Judges and the practitioners alike. The Present Encyclopaedic Edition covers over 120,000 Entries and 750,000 References. Vocabulary, Complete and Comprehensive The primary object of a dictionary being collection and not selection of words and phrases, the editors considered it wiser to tilt the balance in favour of broad inclusiveness than narrow exclusiveness. But comprehensiveness, however complete, is not incompatible with a rigid exclusion of whatever is foreign to the purpose of a Law Lexicon. In the collection of words, special care has been taken by the editors to include only those words which properly belong to the domain of law as distinguished from the domain of literature, science or art. English Law, Terms and Phrases A considerable collection of the terms in other systems of law, especially English and American, have also been included in this Lexicon. As most of our Codes are based on English statutes or decisions, and as English Acts, decisions and Text Books are often referred to, explanatory definitions of terms of words and phrases which are peculiar to such foreign disciplines are included in this book. Provincial and Vernacular, terms used in Revenue Records and Private Documents The editors have also included numerous words which are current in the various States, which have acquired a quasi-technical meaning in law, or which, being frequently used in legal text books, revenue records or private documents, have often been referred to by our courts. But, the main body of the work is devoted to the definition of the more strictly legal terms used in modern Indian Jurisprudence.
Quasi-legal terms relating to other branches like Science, Art and Commerce In order to adapt the work to the advantage and convenience of a wide-ranging class of users, many terms of public law are defined herein as also those which are commonly used in the sphere of trade, banking and commerce. The main phrases of international, maritime, military and mercantile law and of forensic medicine, is also included herein. Statutory Legislative Definitions In searching for definitions for incorporating in this work, the editors have examined with care and concern all the Indian Codes. The definitions enacted by law are, for the most part, terse, practical, and of course, authoritative. References to most of such statutory interpretations of words and phrases will be found under their appropriate titles. Obsolete words not omitted There may be a difference of opinion as to the propriety of including in a modern dictionary terms and phrases no longer in current use. The editors think that a dictionary which does not include such terms fulfills but a small part of its essential purpose. The law of today, which has its roots in the past, is inextricably interwoven with the ancient law and usage based on primeval customs. No question of law can be fully investigated without a close awareness of a multitude of legal terms and phrases which may now be regarded as obsolete. It is unrealistic to assert that the modern tendency towards codification has progressed so far and that, the older laws have been discarded so extensively, that it is no longer necessary to advert to what is not in current usage. The definitions and explanations of the not-very-current expressions enable one to trace the doctrine of law to its sources and to make a fuller study of the question on hand. However, the editors have attempted to strike a fair balance. While a mere general definition has been thought sufficient in regard to ancient and obsolete terms, in respect of those legal terms which describe recognized and important topics of law and which are of contemporary absorbing interest to the profession, a more detailed treatment has been accorded. Judicial Definitions/ Latin Terms Yet another feature of this Lexicon will be found in the illustrative and explanatory quotations from the more outstanding judgments of Indian, English and American Courts. As a matter of fact, a significant portion of this work consists of extracts from the decisions of eminent judges. Those decisions uncover a veritable mine of useful information. Many excellent specimens of judicial definitions, like ounces of gold, lie buried under dull material, like a ton of garbage. We have ventured to dig into the garbage to discover the gold. One of the aims of the editors has been to highlight this branch of legal literature and exhibit under proper heading and titles, in a compendious and accessible form, those sayings embodied in judicial decisions which cannot be traced without considerable research.
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