Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Legalese

  • 14-09-2009 10:42pm
    #1
    Stainless_Steel
    Closed Accounts Posts: 1,155 ✭✭✭


    Is there a reason why law is not written in 'common' English?

    Seems daft that legalese stuff.


Comments

  • #2
    anonymous_joe
    Registered Users, Registered Users 2 Posts: 9,255 ✭✭✭anonymous_joe


    Stainless_Steel wrote: »
    Is there a reason why law is not written in 'common' English?

    Seems daft that legalese stuff.

    Tradition'd be one factor.


  • #3
    Stainless_Steel
    Closed Accounts Posts: 1,155 ✭✭✭Stainless_Steel


    anonymous_joe wrote: »
    Tradition'd be one factor.

    Yeah? Has legalese remained the same going back a while?


  • #4
    anonymous_joe
    Registered Users, Registered Users 2 Posts: 9,255 ✭✭✭anonymous_joe


    Stainless_Steel wrote: »
    Yeah? Has legalese remained the same going back a while?

    Well define legalese.

    A lot of the terminology is Latin or merely old.

    Many professions are the same way.


  • #5
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    To try to ensure certainty in the law, decisions are binding precedents and so newer cases are argued and decided in the same language as the original case law. Practitioners / judges etc. carry on using the established language which, over time, picks up a specialised meaning of its own,even though it may be peculiar or obsolete by comparison with current day parlance.


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Stainless_Steel wrote: »
    Is there a reason why law is not written in 'common' English?

    Seems daft that legalese stuff.

    Because common english is often open to misunderstanding..


  • Advertisement
  • #7
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    "Legalese" is just like a computer programme. if you want a website or piece of software to work in a particular manner you construct it according to a defined standard in PHP, C++ or whaterver.

    A deed of transfer, conveyance or a lease is actually very similar to a small computer program. It defines variables, and calls functions that result in a particular process.

    Just like "lay" people probably don't understand what they see when they click "view source" on their internet browser they may not understand the deed which transferred their house to them, but there is no reason why they need to.

    As other posters said, you need clairity or purpose and certainty and that is why there tends to be a convention of using what might now be "odd" words.


  • #8
    Stainless_Steel
    Closed Accounts Posts: 1,155 ✭✭✭Stainless_Steel


    GerardKeating wrote: »
    Because common english is often open to misunderstanding..

    Well I don't understand legalese so thats open too...
    maidhc wrote: »
    "Legalese" is just like a computer programme. if you want a website or piece of software to work in a particular manner you construct it according to a defined standard in PHP, C++ or whaterver.

    A deed of transfer, conveyance or a lease is actually very similar to a small computer program. It defines variables, and calls functions that result in a particular process.

    Just like "lay" people probably don't understand what they see when they click "view source" on their internet browser they may not understand the deed which transferred their house to them, but there is no reason why they need to.

    As other posters said, you need clairity or purpose and certainty and that is why there tends to be a convention of using what might now be "odd" words.

    I see your point. But how can you expect one to follow laws that are written in a language that the lay person has (in your words) 'no reason' to understand?


  • #9
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    We get one of these threads every so often and to be honest they end up with the same conclusion.

    There is language which is used in every walk of life and profession. Simple or plain english is a noble cause, but even that has to be adapted in order to work within the boundaries of the or a subject matter at hand.

    There is also a statutory interpretation act which assist people with same in terms of reading statute.

    Suggesting reform is one thing, getting it is an entirely different matter. As it stands the vast majority of judges and the government now draft both judgments and legislation about in language which is as comprehensible as possible.

    Tom


  • #10
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    Stainless_Steel wrote: »
    I see your point. But how can you expect one to follow laws that are written in a language that the lay person has (in your words) 'no reason' to understand?

    I think it is just like anyrthing. Most legislation has been distilled into common sense english. I.e. the rules of the road set out the road traffic acts in a more accessible format, and there are various other websites like Citizens Information which do a good job on other laws.


Advertisement