Re: intelligibilty and clarity of texts and communications...




SabDor@xxxxxxxxx wrote:

i'm interested in the above, especially in contexts of legal documents,
consumer protection, standard contracts etc.

I not sure this will help, but to me it was enlightening as to the
legal profession's attitude toward clarity in communication.

I was serving on a committee with a couple of lawyers and some other
people trying to write a charter for a partnership of trusts and
estates. After a great deal of fussing we worked out a scheme for our
proposed methodology for assigning assets (all money) to the various
partners in a general fashion. The method was quite complex.

I went home and wrote the proposed algorithm down in old-fashioned
COBOL (the kind that was used back when they were still pretending that
managers could read it). COBOL is a computer language and exotic to
most people, but it does state financial processing procedures with
absolute clarity. I proposed we write the COBOL algorithm into our
legal contract.

The lawyers were appalled. As nearly as I can remember they said, "Why
can't we just state the general principles and leave the details to be
worked out later." Meanwhile, of course, they were filling the contract
with their traditional boilerplate.

I have my doubts as to whether any great number of lawyers even want
their texts to include clear communication.

.



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