This article addresses three core complaints that are frequently levelled by critics of plain legal language: (1) It will reduce reliance on lawyers; (2) It is uncertain and will lead to greater litigation; and (3) Legal writing is, and should only be, for a legally trained audience. The article develops a definition of plain language that reflects a more contemporary understanding. It demonstrates that the three core criticisms misrepresent this understanding and are unsustainable with regard to lawyers’ duty to clients, the role of legislation as public documents, and modern commercial realities. |
European Journal of Law Reform
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Editorial |
Plain Language: Improving Legal Communication |
Authors | Giulia Adriana Pennisi |
Author's information |
Article |
Living in the PastThe Critics of Plain Language |
Keywords | plain language, legal drafting, legislation, professional responsibility, legalese |
Authors | Derwent Coshott |
AbstractAuthor's information |
Article |
Shifting from Financial Jargon to Plain LanguageAdvantages and Problems in the European Retail Financial Market |
Keywords | financial markets, financial information, PRIPs/KIIDs, financial jargon, plain language |
Authors | Francesco De Pascalis |
AbstractAuthor's information |
The purpose of this paper is to discuss the European regulatory efforts to guarantee investors a proper understanding of the characteristics of the products being offered in the retail financial market. In particular, the analysis emphasises the proposal to introduce plain language as a mandatory requirement for drafting pre-contractual documents relating to retail financial products. |
Article |
“What Does He Think This Is? The Court of Human Rights or the United Nations?”(Plain) Language in the Written Memories of Arbitral Proceedings: A Cross-Cultural Case Study |
Keywords | arbitration, legal language, plain language, specialised discourse, corpus linguistics |
Authors | Stefania Maria Maci |
AbstractAuthor's information |
Arbitration as an alternative dispute resolution (ADR) is an extra-judicial process resolved privately outside an ordinary court of justice. As such, the award has the same legal effects as a judgment pronounced by a court judge. Arbitration can be preceded by a pre-trial process in which arbitrators try to reach a conciliation agreement between the parties. If an agreement is not reached, the arbitration process begins with the gathering of the parties’ memories. In both oral and written evidence, language is used argumentatively, and above all persuasively, by all sides or parties involved. |
Article |
Legislative Drafting in Plain Urdu Language for the Islamic Republic of PakistanA Question of Complex Intricacies |
Keywords | Urdu, Pakistan, multilingual jurisdictions, legislative drafting, plain language movement |
Authors | Mazhar Ilahi |
AbstractAuthor's information |
The plain language movement (PLM) for the writing of laws calls for improving legislative clarity by drafting the laws in a clear, simple, and precise manner. However, the main purpose of this aspiration is to facilitate the ordinary legislative audience to understand the laws with the least effort. In this respect, turning the pages of recent history reveals that this movement for plain language statutes has mostly been debated and analysed in the context of English as a language of the legislative text. However, in some parts of the multilingual world like India and Pakistan, English is not understood by the ordinary population at a very large scale but is still used as a language of the legislative text. This disparity owes its genesis to different country-specific ethnolingual and political issues. In this context but without going into the details of these ethnolingual and political elements, this article aims to analyse the prospects of plain Urdu legislative language in the Islamic Republic of Pakistan by by analyzing (1) the possibility of producing a plain language version of the legislative text in Urdu and (2) the potential benefit that the ordinary people of Pakistan can get from such plain statutes in terms of the themes of the PLM. In answering these questions, the author concludes that neither (at present) is it possible to produce plain Urdu versions of the statute book in Pakistan nor is the population of Pakistan likely to avail any current advantage from the plain Urdu statutes and further that, for now, it is more appropriate to continue with the colonial heritage of English as the language of the legislative text. |
Article |
Making EU Legislation Clearer |
Keywords | European Union, transparency, openness, clarity of legislation |
Authors | William Robinson |
AbstractAuthor's information |
This article looks at the clarity of the legislation of the European Union (EU), in particular the clarity of the language used. It sketches out the basic EU rules on transparency and openness, past expressions of concern for clearer EU legislation, and the response of the institutions. Finally, it considers briefly some ways to make EU legislation clearer. |
Article |
Plain, Clear, and Something More?Criteria for Communication in Legal Language |
Keywords | plain language, legislative drafting, definition, mediation, ignorance of the law |
Authors | Derek Roebuck |
AbstractAuthor's information |
Legislation may be presumed to be intended to transmit a message to those whose conduct it aims to affect. That message achieves its purpose only insofar as it is intelligible to its recipients. Drafters should make every effort to use plain language, but not all meaning can be transferred in plain language. The true criterion is clarity. |
Article |
Plain Language in Legal StudiesA Corpus-Based Study |
Keywords | legal discourse, metadiscourse, epistemic modality, personalization, code glosses |
Authors | Michele Sala |
AbstractAuthor's information |
This article investigates the influence of Plain Language in legal academic research. The Plain Language Movement (PLM) in Anglophone cultures and Common Law systems considerably affected the way legal experts and practitioners use the language in professional contexts, both in writing and in oral situations. The assumption at the basis of this investigation is that the exposure to and experience with this way of using the language in professional settings is likely to have influenced the way experts write in research-related and pedagogical contexts. |