INTRODUCTION
THE STUDY’S NECESSITY
Legal practice is a rapidly evolving field that significantly impacts various aspects of life, including family and business relations Individuals are protected by national laws, which serve as a framework for their interactions with the state Competent authorities worldwide enact laws and legal regulations to govern social relations, safeguard citizens' rights, and ensure compliance with these laws Therefore, it is essential for this legislative process to be conducted effectively and appropriately.
Law-abiding citizens are expected to be safeguarded by legal protections To ensure that everyone can adhere to the law, it is essential for legal regulations to be clear and accessible.
Though ones involved in this area are both professionals and lay people, legal texts are
Legal documents often suffer from excessive length, convoluted sentence structures, and poor organization, making them difficult for the average person to understand To enhance accessibility and effectiveness, it's crucial for each country's legal system to prioritize clarity in both expression and comprehension.
As a matter of fact, it is difficult to write well even many colleges or university graduates or accountants or doctors or businesspeople sometimes are not good writers
In respect of legal sphere, due to its enormous impacts on people‘s lives, choosing the language to be applied is crucial and needs much consideration
1 Plain English and the Law: The 1987 Report Republished with a New Preface/Victorian Law Reform
Commission, p 8, available at: https://drive.google.com/drive/folders/1SibpolPC8ZlhOhpm970RUINBTd7eGYPX?fbclid=IwAR0zSf8UXyjDY ay3LgEcgInYxPTD2xLby1WozC77MiicSEgIkCjygoW2meo
The proposal to replace legalese with plain language in legal texts is gaining traction, as it can save time and money while making the law more accessible to those it impacts Many countries have begun to adopt this approach, though some still advocate for traditional legal language This ongoing debate highlights concerns about the limitations of conventional legal writing and the growing need for clearer communication in legal documents.
The term "magic bullet" refers to the effective use of appropriate legal language If traditional legal language meets the expectations of all parties involved, including both the drafters and recipients, there will be little opportunity for plain language to gain traction in this field.
Whether or not plain language is worth efforts is hard to confirm; however, the propensity toward the use of plain English will be clarified in this dissertation.
STUDY OBJECTIVES
This thesis explores the definition and history of plain language in English-speaking countries, focusing on its application in legal texts It presents various professional perspectives on the challenges of legal drafting language, aligning with the plain language movement Ultimately, the dissertation aims to assess the future trend of plain English usage in legal documents and to predict its potential to fully replace traditional legal language.
2 ―Plain language‖ and ―plain English‖ can be used or mentioned interchangeably because the research subjects of this thesis are completely in English-speaking countries
3 John Pease, Plain English: A solution for effective communication, 9 November 2012, available at: http://acla.acc.com/documents/item/1065
4 ―Magic bullet‖ means ―a fast and effective solution to a serious problem‖ See Oxford Learner's Dictionaries, available at: https://www.oxfordlearnersdictionaries.com/definition/american_english/magic-bullet
RESEARCH SUBJECTS
This study focuses on the academic aspects of legal writing, specifically examining legal acts and regulations due to their reliability Additionally, it incorporates articles and books authored by legal experts that explore the use of plain language and assess the effectiveness of plain English in legal texts.
RESEARCH METHODOLOGY
During the time writing this thesis, several research methods were applied with the purpose of presenting a persuasive information on the plain, specifically:
The comparative method involves analyzing various studies that examine legal documents before and after the implementation of plain language This approach aims to assess the utility and effectiveness of plain language in enhancing comprehension and accessibility within legal texts.
The analyzing and synthesizing method involves examining various academic resources, such as legal Acts, regulations, articles, and law reviews, to assess the prevalence and effectiveness of plain language in legal contexts This approach highlights the common plain English terms that replace traditional legal jargon, ensuring clarity and accessibility Before reaching conclusions, actual legal content is thoroughly discussed to provide a comprehensive understanding of the matters at hand.
Historical method: Presenting different historical piece of information in documents about plain language to mention the emergence of plain language as well as its development process.
RESEARCH’S QUESTION
This thesis explores the potential shift from traditional legal language to plain English in legal texts It will provide an overview of the effectiveness and commentary on the use of plain language, ultimately predicting its future role in the legal field.
STRUCTURE OF THE THESIS
PLAIN LANGUAGE, A BRIEF HISTORY OF PLAIN
PLAIN LANGUAGE (PLAIN ENGLISH) VERSUS TRADITIONAL
According to the website of Oxford Learner Dictionary, ―in plain English‖ means
―simply and clearly expressed, without using technical language‖ 5
According to Professor John Pease's report, "Plain English: A Solution for Effective Communication," plain English is defined as clear, direct, and straightforward language It avoids obscurity, inflated vocabulary, and complex sentence structures, enabling readers to focus on the message rather than struggling with difficult language By using the appropriate words for each context and eliminating unnecessary terms, plain English enhances understanding and communication.
Using plain English in legal texts does not mean simply employing everyday language or overly simplifying the content Instead, it refers to a writing style that is clear, concise, and well-organized, adhering to best practices relevant to the subject and audience Plain English should be understood as clear and direct communication that avoids jargon while remaining sophisticated In legal documents, the focus should be on providing a cooperative and motivated individual with a clear understanding of the material.
5 https://www.oxfordlearnersdictionaries.com/definition/english/plain_1?q=plain
6 John Pease, Plain English: A solution for effective communication, 9 November 2012 - http://acla.acc.com/documents/item/1065
7 Plain Writing Act of 2010 (United States), October 1, 2010, passed Congress, section 3(3)
8 John Pease, Plain English: A solution for effective communication, 9 November 2012 - http://acla.acc.com/documents/item/1065
6 chance of understanding it at first reading, and in the same sense that the writer meant it to be understood‖ 9
Plain English serves as a clear alternative to legalese, focusing on the recipient's understanding of legal information This approach prioritizes clarity and accessibility, ensuring that legal concepts are easily comprehensible for everyone.
Legalese is a specialized writing style characterized by its complexity and historical context, often making legal documents difficult to understand Defined by the Oxford Learner Dictionary, legalese serves as a unique dialect for legal professionals Although it can hinder communication with clients, it remains a crucial component of legal education for law students and is regarded as an essential tool for lawyers in their practice.
The report "Plain English: A Solution for Effective Communication" by John Pease highlights that the origins of traditional legal language can be traced back to the Norman invasion of England in 1066 During this period, the conquerors marginalized the English language, promoting French as the primary language of instruction for their subjects This shift not only transformed everyday communication in Britain but also significantly impacted the modern legal system and its governing institutions.
The Norman conquerors would like to achieve the effectiveness of business
I don't know!
&q=%22cooperative%2C%20motivated%20person%20a%20good%20chance%22&fse
10 Stephen Hunt, Drafting: plain English versus legalese, Waikato law review, 1995, Vol 3, p
164,https://www.waikato.ac.nz/ data/assets/pdf_file/0010/125200/Waikato-Law-Review-vol-3-1995.pdf
11 https://www.oxfordlearnersdictionaries.com/definition/english/legalese?q=LEGALESE
12 John Pease, Plain English: A solution for effective communication, 9 November 2012, available at: http://acla.acc.com/documents/item/1065
13 John Pease, Plain English: A solution for effective communication, 9 November 2012, pp 5-6, available at: http://acla.acc.com/documents/item/1065
The blending of English, Norman, and Latin words led to the creation of a complex and diverse language system, as it was not feasible to completely eliminate the original language from contemporary society This linguistic integration aimed to establish English as the dominant language while preserving elements of its predecessors.
Here are some typical words taken as examples to show the differences among three languages:
The old English acknowledge act breaking final free goods
… and … French and confess and deed and entering and conclusive and clear and chattels
… and … Latin and quiet and except
In a multilingual community where three distinct languages are spoken, each term has equivalent substitutions in the other languages Consequently, this linguistic complexity impacts not only the legal language system but also various social dimensions of the community.
14 John Pease, Plain English: A solution for effective communication, 9 November 2012, available at: http://acla.acc.com/documents/item/1065
HISTORY OF PLAIN LANGUAGE
The Plain English movement, advocating for the use of clear and straightforward language, is believed to have originated in the mid-1970s, according to various research studies and law reviews However, some sources indicate that the roots of this modern writing style can be traced back to earlier periods.
The Pleading in English Act 1362, also known as the Statute of Pleading, marked an early attempt to address the confusion of legal language by advocating for the use of Plain English However, as noted by Gillian Gillies in "The Anglicisation of English Law," this statute did not fully achieve its goal, as it only mandated the use of English in oral pleadings and did not require the general translation of legal texts into English Additionally, the Act itself was originally written in French, highlighting the incomplete nature of this reform in legal language.
Before the Restoration in 1660, an effort to enhance the readability of legal documents occurred with an Act of Parliament in November 1650, during Cromwell's reign This act aimed to translate all Report-Books of Judges' Resolutions and other legal texts into English However, it faced significant opposition from legal professionals and was soon repealed.
15 Gillian Gillies, The Anglicisation of English Law,Te Mata Koi: Auckland University Law Review, Vol 17,
2011, p 171, http://www.nzlii.org/nz/journals/AukULawRw/2011/8.pdf
On November 22, 1650, the Rump Parliament of the Commonwealth of England enacted the 16 Act, which mandated the translation of the Books of the Law and all legal processes and proceedings in courts into the English language.
An Act was passed on November 17, 1650, aimed at translating legal texts and all court processes into English This initiative was documented in the "Acts and Ordinances of the Interregnum, 1642-1660," edited by C.H Firth and R.S Rait, published in London in 1911 For further reference, the details can be found on British History Online.
The "Proceedings in Courts of Justice Act," enacted by the Parliament of Great Britain in 1730, marked a significant step towards transforming legal language in England This Act mandated that English be used for pleadings and written records in UK law courts, aiming to replace French and Latin and enhance the clarity of legal communication.
From the above information, by centuries, the demand to create a less complex legal language seems to be undeniable
To continue with the United Kingdom, Renton Committee Report in 1975 with contents in relation to the improvement of legislation drafting, which partially proposed:
The proposed solutions for improving legislation focus on two main areas: the drafting technique and the format of Acts of Parliament It is widely agreed that legislative language should strive to be as close to everyday speech as possible, while still maintaining necessary precision.
Four years after its inception, the Plain English Campaign (PEC), founded by Chrissie Maher OBE, sought to eliminate the challenges posed by legal jargon and complex regulations By dramatically shredding official documents in Parliament Square, London, Maher made a significant impression on the government The campaign has gained widespread recognition and success, notably with its Crystal Mark now featured on over 23,000 documents.
In "Language Choice in Postcolonial Law: Lessons from Malaysia’s Bilingual Legal System," Richard Powell explores the complexities of language use within Malaysia's legal framework, emphasizing the implications of bilingualism in a postcolonial context The book highlights how language choice influences legal interpretation and access to justice, providing valuable insights into the intersection of law, culture, and identity in a multilingual society Powell's analysis serves as a critical resource for understanding the dynamics of legal language in Malaysia, offering lessons that can be applied to other postcolonial legal systems.
19 Dr Sean Cunningham, The language of Government and the power of plain English, blog, https://history.blog.gov.uk/2017/04/19/the-language-of-government-and-the-power-of-plain-english/
20 Report of the Renton Committee on the Preparation of Legislation, 1975, https://api.parliament.uk/historic-hansard/lords/1975/dec/10/renton-committee-report-on-legislation
21 The Plain English Campaign, website, http://www.plainenglish.co.uk/about-us.html
Launched in 1990, the Crystal Mark is the first certification of its kind and is now utilized by over 1,600 organizations worldwide This independent organization offers professional services in plain language redrafting for various legal documents, benefiting the public, businesses, and government authorities alike.
In 1983, Clarity was founded in the UK by legal professionals dedicated to promoting plain legal language Today, it has evolved into a leading international organization focused on plain language, expanding its interests beyond legal writing while maintaining its original mission Clarity also publishes a journal of the same name, further contributing to the discourse on accessible communication.
In 2009, the Local Government Association (LGA) in the UK created a list of 200 jargon words that council leaders should avoid to enhance effective communication with the public The LGA's banned list also provides alternative terms, recommending "measuring" as a simpler substitute for commonly used bureaucratic language.
"benchmarking", "idea" for "seedbed", "delay" for "slippage" and "buy" for
In the United States, Professor Fred Rodell gained prominence for his critique of traditional legal language and the legal profession In 1936, he published a powerful critique that expressed his strong opposition to conventional legal jargon, advocating for a more simple and straightforward approach to legal writing.
There are two things wrong with almost all legal writing One is its style The other is its content That, I think, about covers the ground And though
22 The Plain English Campaign, website, http://www.plainenglish.co.uk/about-us.html
23 Clarity, website, https://clarity-international.net/about/
24 Johanna Stewart, Plain language: From 'movement' to 'profession', Australian Journal of Communication, Vol 37, No 2, 2010, p 52, https://search-proquest- com.ezproxy.lib.swin.edu.au/docview/883650390/fulltextPDF/F678F74894D9461APQ/1?accountid205
25 Councils get banned jargon list, BBC News, http://news.bbc.co.uk/2/hi/uk_news/politics/7948894.stm
Law reviews are often seen as the pinnacle of legal literature, yet they frequently prioritize style over substance, with meaningful content hidden beneath elaborate prose Many law review writers possess a unique talent for presenting trivial ideas with an air of significance Reading these reviews can feel akin to watching an elephant attempt to swat a fly, highlighting the disconnect between the grandiosity of the writing and the lack of genuine insight.
Three years later, the professor published "Woe Unto You, Lawyers!" where he advocated for a legal amendment, asserting that any law with a clear and tangible meaning regarding human affairs should be easily understandable Despite his efforts, Fred Rodell's proposal did not garner significant support from legal practitioners.
THE APPLICATION OF PLAIN ENGLISH INTO ACTUAL
CONCLUSION
CHAPTER 2: PLAIN LANGUAGE, A BRIEF HISTORY OF
PLAIN LANGUAGE AND ITS IMPORTANCE IN LEGAL
2.1 PLAIN LANGUAGE (PLAIN ENGLISH) VERSUS TRADITIONAL
According to the website of Oxford Learner Dictionary, ―in plain English‖ means
―simply and clearly expressed, without using technical language‖ 5
According to Professor John Pease's report, "Plain English: A Solution for Effective Communication," plain English is characterized by clarity, directness, and simplicity This style of writing avoids complex vocabulary and convoluted sentences, enabling readers to focus on the message rather than struggling with the language It emphasizes using precise words appropriately and eliminates unnecessary verbiage.
Using plain English in legal texts does not mean relying solely on everyday language or oversimplifying complex ideas Instead, it refers to a writing style that is clear, concise, and well-organized, adhering to best practices suitable for the subject matter and intended audience Plain English is characterized as straightforward and direct, yet it retains the necessary complexity without resorting to jargon The goal in legal documents should be to present information in a way that engages and informs the reader effectively.
5 https://www.oxfordlearnersdictionaries.com/definition/english/plain_1?q=plain
6 John Pease, Plain English: A solution for effective communication, 9 November 2012 - http://acla.acc.com/documents/item/1065
7 Plain Writing Act of 2010 (United States), October 1, 2010, passed Congress, section 3(3)
8 John Pease, Plain English: A solution for effective communication, 9 November 2012 - http://acla.acc.com/documents/item/1065
6 chance of understanding it at first reading, and in the same sense that the writer meant it to be understood‖ 9
Plain English serves as a clear alternative to legal jargon, focusing on the needs of the intended audience to enhance comprehension of legal information.
Legalese is a complex and wordy writing style used in the legal field, characterized by its historical development and technical terminology According to the Oxford Learner Dictionary, legalese refers to the difficult language found in legal documents While it often hinders effective communication with clients, it remains a fundamental component of legal education and is viewed as a valuable tool for lawyers in their practice.
The report "Plain English: A Solution for Effective Communication" by John Pease highlights that the rise of traditional legal language can be traced back to the Norman invasion of England in 1066 During this period, the conquerors marginalized the English language, favoring French as the primary language of instruction for their subjects This shift not only transformed everyday communication in Britain but also significantly impacted the contemporary legal system and governing bodies.
The Norman conquerors would like to achieve the effectiveness of business
The Oxford Guide to Plain English emphasizes the significance of clarity and simplicity in writing Martin Cutts highlights that a cooperative and motivated person has a better chance of effective communication This guide serves as a valuable resource for improving writing skills, ensuring that messages are conveyed clearly and understandably By adhering to plain English principles, writers can engage their audience more effectively and enhance overall comprehension.
&q=%22cooperative%2C%20motivated%20person%20a%20good%20chance%22&fse
10 Stephen Hunt, Drafting: plain English versus legalese, Waikato law review, 1995, Vol 3, p
164,https://www.waikato.ac.nz/ data/assets/pdf_file/0010/125200/Waikato-Law-Review-vol-3-1995.pdf
11 https://www.oxfordlearnersdictionaries.com/definition/english/legalese?q=LEGALESE
12 John Pease, Plain English: A solution for effective communication, 9 November 2012, available at: http://acla.acc.com/documents/item/1065
13 John Pease, Plain English: A solution for effective communication, 9 November 2012, pp 5-6, available at: http://acla.acc.com/documents/item/1065
The desire to establish a dominant language led to the blending of English, Norman, and Latin, as completely eliminating the original language was not feasible in contemporary society This resulted in the creation of a diverse and intricate language system.
Here are some typical words taken as examples to show the differences among three languages:
The old English acknowledge act breaking final free goods
… and … French and confess and deed and entering and conclusive and clear and chattels
… and … Latin and quiet and except
In a multilingual community where three distinct languages are spoken, each term has equivalents in the other languages, leading to significant implications for both the legal language system and broader social dynamics The complexity of language use influences various social aspects, highlighting the interconnectedness of language and community interaction.
14 John Pease, Plain English: A solution for effective communication, 9 November 2012, available at: http://acla.acc.com/documents/item/1065
Research and reports indicate that the Plain English movement began to gain traction in the mid-1970s, although some sources suggest that elements of this modern writing style emerged even earlier.
The Pleading in English Act 1362, also known as the Statute of Pleading, marked an early effort to promote the use of Plain English in legal contexts However, as noted by Gillian Gillies in "The Anglicisation of English Law," this statute did not achieve a comprehensive transformation of legal language, as it only mandated the use of English for oral pleadings and did not require the broader translation of legal texts into English Additionally, the Act itself was originally written in French, highlighting its limited impact on making the law more accessible to the general public.
Before the Restoration in 1660, an attempt to enhance the readability of legal documents occurred with an Act of Parliament in November 1650 during Cromwell's reign This act aimed to translate all legal report-books and the resolutions of judges into English However, it faced significant opposition from legal professionals and was soon repealed.
15 Gillian Gillies, The Anglicisation of English Law,Te Mata Koi: Auckland University Law Review, Vol 17,
2011, p 171, http://www.nzlii.org/nz/journals/AukULawRw/2011/8.pdf
On November 22, 1650, the Rump Parliament enacted the 16 Act, which mandated the translation of all legal texts and court proceedings into the English language during the Commonwealth of England This significant legislation aimed to enhance accessibility and understanding of the law for the general populace.
On November 17, 1650, an important act was established to translate the legal texts and all judicial processes into English This initiative aimed to make the law more accessible to the general public The act is documented in the "Acts and Ordinances of the Interregnum, 1642-1660," edited by C.H Firth and R.S Rait, published in London in 1911 This significant change marked a pivotal moment in legal history, enhancing transparency and understanding within the justice system.
The "Proceedings in Courts of Justice Act," enacted by the British Parliament in 1730, marked a significant shift in legal language by mandating English as the official language for pleadings and written records in UK law courts This legislation aimed to replace French and Latin with English, enhancing the clarity and accessibility of legal proceedings during that era.
From the above information, by centuries, the demand to create a less complex legal language seems to be undeniable
To continue with the United Kingdom, Renton Committee Report in 1975 with contents in relation to the improvement of legislation drafting, which partially proposed:
The proposed solutions for improving legislation focus on two main areas: the drafting technique and the format of Acts of Parliament It is widely agreed that legislative language should strive to be as close to everyday speech as possible, while still maintaining necessary precision.