Sydney.: Centre for Plain Legal Language, 1995. — 98 p. — ISBN 0867589914.
These essays have been researched, written, edited and commented on by a wide range of people. Wlhile many ofthem were originally written by one person, they are all the result of a collective effort. These essays are about the language of the law. They explore words and phrases
often found in legal documents. Some of the words and phrases covered are technical terms to which the law gives specific meanings. Some of them are used by lawyers out of habit, more as an incantation than for any legal reason. The language of the law has certain features that make it different from everyday English. You cannot replace a technical legal term by another without being aware of the consequences. But one of the most important features of language is that it changes over time. It cannot be frozen to reflect one age. Lawyers, in their search for certainty, often try to fix a meaning. But the evolution of language resists this. In these essays one constant theme is that the meaning of legal words and phrases changes as language does. As we trace the history of particular words we see that the meaning given them by courts in one era may be very different from the meaning they have today. Because a word has been frequently litigated does not mean that the courts are certain about what it means. In fact it is often the reverse. A word that has a settled meaning is less likely to be the subject of litigation. In most essays we have tried to propose a plain language alternative.
Contents
lntroduction
Versus Latinum
The French connection
Aid and abet
Deemed
Escrow
Estate or interest
Execute
Fit and proper
Force majeure
Give, devise and bequeath
Goods and chattels
Heirs, executors, administrators, successors, and assigns
lnstrument
Joint and several
Last will and testament
Malice
Notwithstanding
Null and void
Per stirpes
Pro bono
Provided that
Recognizance
Rest, residue and remainder
Right, title and interest
Said
Signed, sealed and delivered
Time is of the essence
Transfer and assign
Whereas
Without prejudice
