The Need for Clear Structure in \u27Plain Language\u27 Legal Drafting

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef\u27s eye for those with the wit but to ask for the menu. To practice their craft competently, legal drafters must gain control of the relevant intellectual skills. One such skill is facility in using some of the elementary techniques and knowledge of modern logic to achieve structure that is clear. While modern logic is not the only intellectual tool that is relevant for this purpose, it is the only one that is dealt with here. Linguists and others can more persuasively argue their own cases elsewhere. The examples presented here illustrate the usefulness of understanding modern logic for achieving clarity in legal drafting