Legalese
According to the Merriam-Webster dictionary (http://www.merriamwebster.com/dictionary/legalese) legalese is the specialised language of the
legal profession, but it has taken on negative connotations and refers now
pejoratively to cryptic language used by members of the legal profession. BerkSeligson 1 (1990: 14-15) defines legalese as that register of English that is used
by lawyers and judges specifically for legal proceedings and is usually too
complicated for the lay person to comprehend.
Legalese is thus a term that refers to the kind of legal writing that is very
difficult for the layman to read and understand, the implication being that this
abstruseness
is
deliberate
for
excluding
the
legally
untrained
(http://en.wikipedia.org/wiki/Legal_writing). However, in many cases legalese
is unintentional and it derives simply from sheer habit or from the accumulation
of the typical features of legal texts. According to Crystal and Davy 2 (1969:194):
Legal writers, pushed into oddity by their attempts to be unambiguous, are
pulled as it were in the same direction by the knowledge that since their
productions are for the benefit of someone as familiar with the jargon as
themselves, they have no need to bother too much about the simpler needs of
a general public.
Plain English
Plain English is a generic term for communication in English that emphasizes
clarity, brevity, and the avoidance of technical language, particularly in
administrative or legal texts. It aims to write in a way which is clear,
straightforward and easily understood by the reader, trying to avoid archaic
structures
or
terms,
wordy
periphrasis
and
jargon
(http://en.wikipedia.org/wiki/Plain_English).
The Plain English Campaign (PEC, http://www.plainenglish.co.uk/) is a
commercial editing and training firm based in the United Kingdom. In 1990,
PEC created the Crystal Mark, which is a symbol printed on documents that it
considers to be as clear as possible for the intended audience. PEC has worked
for companies and organisations as well as UK council and government
departments. Many UK forms and bills carry the Crystal Mark, including the
British Passport application form.
1
Some of the typical recommendations for legal plain English are the following
(ver http://www.archives.gov/federal-register/write/legal-docs/):
- use the active voice rather than the passive voice;
- use simple, coordinated sentences rather than subordinate sentences
and avoid inversion;
- avoid euphemisms;
- do not use indefinite pronouns as a tool for reference;
- avoid jargon;
- do not use archaisms and Latin phrases or terms;
- avoid complex prepositional phrases, etc.
In the UK, for example, the Civil Procedure Rules 1998 did away with some
Latin or opaque terms, such as plaintiff (now claimant), pleadings (now
statement of claim), affidavit (now statement of truth); ex parte (now
without notice) or writ of summons (now claim form).
In Spain, the Council of Ministers set up on 30 December 2009 the
Committee for the Modernisation of Legal Language 3, which worked intensively
for two years until they published several open-access documents on the
simplification of legal Spanish. On 21 December 2011 a Framework Agreement
was signed to promote the clarity of legal Spanish.
Below you will find a summary of recommendations for plain English writing,
issued by the Office of the Federal Register of the National Archives, US.
Bear in mind that although these are the recommendations, in fact what you
will come across all too often in legal texts is the opposite of what you are about
to read.
http://www.mjusticia.gob.es/cs/Satellite/es/1288775399001/MuestraInformacion.html
will
must
should
may
may not
indicates a prohibition
To impose a legal obligation, use must; to predict future action, use will.
6. Be direct by using the imperative mood, thus avoiding the passive
Dont say: All copies must be signed.
Say: Sign all copies.
are:
Dont say:
The Duties of the Executive Secretary of the Administrative Committee
-
are:
Say:
The Duties of the Executive Secretary of the Administrative Committee
-
13. Use simple words. Government writing should be dignified, but not
pompous. Make writing simple and direct so that it can be understood:
DON'T SAY
SAY
construct, fabricate
make
initiate, commence
begin
terminate
end
utilize
use
substantial portion
large part
SAY
since (because)
remind you
for
in many cases
often
in many instances
sometimes
in the nature of
like
his failure
whether
15. Avoid redundancies: dont use couplets (word pairs) where the meaning
of one includes the other. Try to avoid the following:
any and all
authorize and direct
cease and desist
each and every
SAY
Crewman
Crew member
Draftsman
Drafter
Enlisted men
Enlisted
personnel
Fireman
Firefighter
Foreman
Supervisor
Manhours
Hours worked
Manpower
Personnel,
workforce
18. Write short sentences. Readable sentences are simple, active, affirmative
and declarative. The Federal Register of the USA recommends an average of
about 15 words a sentence. Long, run-on sentences are a basic weakness in
legal documents. If several conditions or subordinate provisions must be met
before a rule applies, use a list. Make lists clear and logical in structure; when
listing, use the following rules:
List each item so that it makes a complete thought when read with the
introductory text.
If the introductory language for the list is a complete sentence -- end the introduction with a colon; and
- make each item in the list a separate sentence.
If the introductory language for the list is an incomplete sentence -- end the introduction with a dash;
- end each item in the list except the last item with a semicolon;
SAY
give consideration to
consider
is applicable to
applies
make payment
pay
give recognition to
recognize
is concerned with
concerns
accorded
given
afforded
given
at the time
when
by means of
by
cease
stop
commence
begin, start
complete
finish
conceal
hide
contiguous to
next to
deem
consider
while
effectuate / endeavour
contract with
enumerate
count
equitable
fair
evince
show
expedite
hasten, speed up
expend
spend
expiration
end
feasible
possible
during
because
forthwith
immediately
hereafter
heretofore
implement
carry out
possess
have
preserve
keep
prior
earlier
prior to
before
proceed
go, go ahead
procure
obtain, get
purchase
buy
pursuant to
under
remainder
rest
require
need
retain
keep
specified
named
subsequent to
after
sufficient number of
enough
summon
until
utilize, employ
use
indicate
show
inform
tell
in lieu of
in order to
to
inquire
ask
institute
begin, start
interrogate
question
if
manner
way
modify
change
necessitate
require
obligate
bind, compel
obtain
get
after June 30