LEGISLATIVE DRAFTING ESSAYS
Language - Legal drafting as a manifestation of it. It is a social as well as a purposeful activity. It exists just to express a message but also to communicate it successfully to others. No law can be accomplish its task of regulating behavior unless it can be understood. The most competent version of language and legal drafting then is that version which enables the message to be grasped readily, without difficulty and confusion. Language which gets its message across in a straightforward, untangled way, that less the message stand out clearly and does not enshroud or enmesh it in convolution or prolixity.
It is important that we keep in mind this dual character of language, communication as well as content. Too often overriding emphasis in legal drafting has been placed on content, and in particular accuracy of content. Criticism of the difficulty so common in legal drafting has been regularly answered with the quotation from Gowers..
Language - Legal drafting as a manifestation of it. It is a social as well as a purposeful activity. It exists just to express a message but also to communicate it successfully to others. No law can be accomplish its task of regulating behavior unless it can be understood. The most competent version of language and legal drafting then is that version which enables the message to be grasped readily, without difficulty and confusion. Language which gets its message across in a straightforward, untangled way, that less the message stand out clearly and does not enshroud or enmesh it in convolution or prolixity.
It is important that we keep in mind this dual character of language, communication as well as content. Too often overriding emphasis in legal drafting has been placed on content, and in particular accuracy of content. Criticism of the difficulty so common in legal drafting has been regularly answered with the quotation from Gowers..
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