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I was speaking a lawyer a
while back (you get to meet all sorts in my job). He was complaining about
the "plain English" documentation that is now required in some industries,
notably the insurance industry.
His point was that the
apparently obscure terminology used in legal documents has been tried and
tested in courts over, in some cases, centuries of use. As a result, there
is no ambiguity in the accepted meaning of the sometimes archaic
phraseology.
The problems he described
arise from the fact that modern education rarely includes English grammar
and there is little emphasis on correct spelling. To mention subject,
object or predicate to today's graduates is likely to result in a blank
look.
The French are strongly
militant about retaining the purity of their language. Education
authorities in English speaking countries seem to be presiding over the
destruction of ours.
The excuse is that English is
a dynamic language and must be allowed to develop naturally: naturally,
that is, apart from the insidious effects of feminism, political
correctness and other government supported attacks on the language.
The downside of all this
dynamism is that we now have "plain language" documents where the meanings
are not plain. In fact, because of poorly constructed statements, some
plain language documents are ambiguous, others manage not to say anything.
If such documents were written
in clear, grammatically correct English, they would serve the purpose for
which they were intended, making the meaning clear to the layperson. As it
stands, many serve only to provide extra income for frustrated lawyers as
they try to bring order out of chaos, while racking up chargeable hours to
be added to the client's bill.
As if the lack of grammar were
not enough, the march of the spell-checker has resulted in an invasion of
correctly spelt but otherwise incorrect words. One example I saw
recently was "now" for "know". "From" and "form" are easily substituted by
hurried keyboard users and either will be accepted for the other by the
spell-checker.
One substitution that owes as
much to the writer's ignorance as to the software is the use of "forward"
where "foreword" is intended. In my work at The Pitstop Bookshop I have
seen several books that proudly claim a "forward" by some celebrity.
Plain English in legal
documents is a worthy aim, but the documents must be clearly written,
grammatically correct and use the correct words, correctly spelt.
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