In the Constitution of the United States, Negroes are referred to as fellows although the word 'slave' is carefully avoided before the thirteenth amendment.
Words, especially those of a constitution, are not to be read with such stultifying narrowness.
Everytime a lawyer writes something, he is not writing for posterity, he is writing something so that endless others of his craft can make a living out of trying to figure out what he said. Course perhaps he really haden't said anything, that's what makes it so hard to explain.
Jen and I were accustomed to our father's last-will-and-testament diction, and were at times free to interrupt Atticus for a translation when it was beyond our understanding.
In 1937, President Franklin Roosevelt reminded us that the Constitution is, and I quote, "a layman's document, not a lawyer's contract."
The minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer.
So-called "natural language" is wonderful for the purposes it was created for, such as to be rude in, to tell jokes in, to cheat or to make love in (and Theorists of Literary Criticism can even be content-free in it), but it is hopelessly inadequate when we have to deal unambiguously with situations of great intricacy, situations which unavoidably arise in such activities as legislation, arbitration, mathematics or programming.
I'm not a lawyer, and maybe I should have used more specific legal language.
In my view, statutory ambiguities are less like dandelions on an unmowed lawn than they are like manufacturing defects in a modern automobile: they happen, but they are pretty rare, given the number of parts involved.
The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we do to each other.
The minute you read something and you can't understand it, you can be sure it was written by a lawyer. Then, if you give it to another lawyer to read and he don't know just what it means, then you can be sure it was drawn up by a lawyer. If it's in a few words and is plain, and understandable only one way, it was written by a non-lawyer.
When you are writing laws you are testing words to find their utmost power. Like spells, they have to make things happen in the real world, and like spells, they only work if people believe in them.
Law builds upon and, I should like to claim, is one of the liberal arts. It uses words of persuasion and changing definitions for practical ends.
There are more words in the IRS code than there are in the Bible. And not a one of them is as good.
But do not give it to a lawyer's clerk to write, for they use a legal hand that Satan himself will not understand.
As I search the archives of my memory I seem to discern six types or methods [of judicial writing] which divide themselves from one another with measurable distinctness. There is the type magisterial or imperative; the type laconic or sententious; the type conversational or homely; the type refined or artificial, smelling of the lamp, verging at times upon preciosity or euphuism; the demonstrative or persuasive; and finally the type tonsorial or agglutinative, so called from the shears and the pastepot which are its implements and emblem.
TECHNICALITY, n. In an English court a man named Home was tried for slander in having accused his neighbor of murder. His exact words were: "Sir Thomas Holt hath taken a cleaver and stricken his cook upon the head, so that one side of the head fell upon one shoulder and the other side upon the other shoulder." The defendant was acquitted by instruction of the court, the learned judges holding that the words did not charge murder, for they did not affirm the death of the cook, that being only an inference.
Catastrophic health shocks do enormous damage to families both economically and otherwise, and are easy to insure, because nobody gets them on purpose. On the other hand, insurance policies that only treat certain catastrophic illnesses are hard to comprehend, especially of you are illiterate and unused to the legalistic nature of exclusions etc.
Credit card agreements run as long as 30 pages, and it's 30 pages of largely incomprehensible text.
The legal system works really well, if you communicate a certain way. But if you don't, it all goes to Hell in a handbasket really quickly.
The language of the law must not be foreign to the ears of those who are to obey it.
See Montesquieu {607909} for an earlier, similar view.
The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we intend toward each other. Between depriving a man of one hour from his life and depriving him of his life there exists only a difference of degree. You have done violence to him, consumed his energy.
The language of judicial decision is mainly the language of logic. And the logical method and form flatter that longing for certainty and for repose which is in every human mind. But certainty generally is illusion, and repose is not the destiny of man.
There is something monstrous in commands couched in invented and unfamiliar language; an alien master is the worst of all. The language of the law must not be foreign to the ears of those who are to obey it.
I have not read far in the statutes of this Commonwealth. It is not profitable reading. They do not always say what is true; and they do not always mean what they say.