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Is legalese not just the result of trying to use English as a programming language? Any time I try to write English (or other natlang) precisely and unambiguously and robust against adversarial interpretations, it comes out looking like legalese.


Aside from the few proposals that I know of to literally use programming languages in laws, I have wondered if actually lowering the language expressiveness would help (e.g. https://simple.wikipedia.org/wiki/Simple_English_Wikipedia )

The thinking being that the less nuanced the vocabulary, the less ways it could be interpreted and thus one may not have to write so many laywerly guard phrases to artificially constrain "normal" vocabulary. It may very well run the risk of having to use a bazillion more cross-references as one builds up a "library" of word-subroutines, but still could be a net win

But I guess I can navel-gaze all I like because for this specific domain, any change might as well be all the changes since there's no prayer


The US government has the Plain Language movement which is rewriting policy and legal documents in clear, plain language.

The plainlanguage.gov site is an excellent all-around writing resource. I direct junior developers here when they are trying too hard to sound fancy when communicating technical concepts in documentation and design documents.

Here are some great examples:

https://www.plainlanguage.gov/examples/before-and-after/ambi...

https://www.plainlanguage.gov/examples/before-and-after/mont...

https://www.plainlanguage.gov/examples/before-and-after/use-...


That's a great initiative, but even with these, I feel there's further opportunity to make these clearer.

As a particular example, is there any reason to keep the vague "second month" in the second example [2], rather than "subsequent month" or "next month"?

[2] https://www.plainlanguage.gov/examples/before-and-after/mont...


Lots of ambiguity with “next”. It’s always so hard to describe “next Wednesday” if it’s Monday or “next week” if it’s Saturday.

My friends from non English countries get very confused that somehow “next Wednesday” when it’s Monday might not mean two days from now but 8 days from now. And how two days in that instance would be referred as “this Wednesday” or “this coming Wednesday”

Which is different way of talking. If you were sitting by the road counting cars and you are at car “n”, Saying “the next car” would refer to car n+1. If your counting wednesdays you experienced “next Wednesday” technically refers to n+2

I stopped saying “this <day>” or “next <day>” and now just say “Wednesday the 25th” for instance.


> It’s always so hard to describe “next Wednesday” if it’s Monday

'Next Wednesday' is always the Wednesday of the calendar week following the current calendar week; doesn't matter what day of the week it currently is. 'This Wednesday' is always the Wednesday of current week on the calendar— even if that day is in the past.

Is it quirky that this expression doesn't instead mean 'the next Wednesday that will occur'? Yes, definitely. But I don't see how it's difficult to describe what it actually does mean.

> I stopped saying “this <day>” or “next <day>” and now just say “Wednesday the 25th” for instance.

I love this. Indexicals in general can be tricky, and I love expressions that rely less or very little at all on context. Sometimes when a friend is telling a complicated story I'll ask them to repeat something tbey just said but with no use of pronouns, for instance, and it always makes interpretation much easier.

As much as I think the actual idioms are perfectly describable, they are somewhat prominently misused. One of my pet peeves is how YouTube's search filters uses its time restriction phrases incorrectly: it says 'today' to mean 'within the past 24 hours', 'this week' to mean 'within the past week', 'this year' to mean 'within the past year', etc. It's Tuesday, and when I search for videos with an upload date from 'this week', I get results including videos uploaded 4 days ago, but this week is not yet 4 days old under any standard convention (e.g., starting the week on Mondays rather than Sundays)... -_-


Your pattern of:

'<term>' is always <my definition>; doesn't matter <other factor>.

Is never going to be true in spoken language. Otherwise we wouldn't be having conversations about confusion and ambiguity in the first place.


At any given time, the lexicon is evolving and some idioms are expanding or on the verge of extinction. Still, there are uses of words and phrases that can reasonably be described as simply wrong at a given time, based on a failure to understand the idiom whose invocation is being attempted. Errors that are sufficiently popular and persistent will eventually just reshape the language, but for a time even an error that is pretty popular or fairly long-lived is still recognizable as an error.

By my intuition, I'd say the uses of 'this week' and friends I described as improper qualify handily, not being all that widespread yet. A couple more marginal examples that stand out to me because erroneous uses are much more common: 'let alone' (which is binary and often used with subject and object reversed), the distinction between envy and jealousy.

You can take up a radical descriptivist position, e.g., that anything spoken by adult native speakers of normal faculties is never erroneous, or re-scope my assertions by saying that I'm gatekeeping speakers who see such usage as correct from my perceived language community or tradition, whatever, but imo the first is trivial and the second boring.

Sometimes specialists misappropriate methodological constraints from their discipline as general ontological or social principles, often discounting an inherent normativity in the way people actually relate to the things those specialists study. I think that's essentially at the heart of the most inflated and controversial uses of concepts like cultural relativism and linguistic descriptivism, and probably applies to nonspecific objections like the one you make above (as opposed to pointing at some specific dialectal variation in the use of such phrases or something like that).


'Next Wednesday' is always the Wednesday of the calendar week following the current calendar week; doesn't matter what day of the week it currently is. 'This Wednesday' is always the Wednesday of current week on the calendar— even if that day is in the past.

Is it quirky that this expression doesn't instead mean 'the next Wednesday that will occur'? Yes, definitely. But I don't see how it's difficult to describe what it actually does mean.

That's the way it's supposed to be, at least as spoken in the part of Scotland from where my family hails.

But the Americans I know seem to get it wrong about half the time.

What I haven't figured out is if it's a regional (dialectical) thing, or just certain people being "dense", or simply never having been taught the rule.


I’ve lived in the US my whole life and I don’t recall anyone ever getting it wrong. Except this scene in Seinfeld which is obviously Jerry being pedantic for comedic effect.

> Sid: Well I'm going down to visit my sister in Virginia next Wednesday, for a week, so I can't park it.

> Jerry: This Wednesday?

> Sid: No, next Wednesday, week after this Wednesday.

> Jerry: But the Wednesday two days from now is the next Wednesday.

> Sid: If I meant this Wednesday, I would have said this Wednesday. It's the week after this Wednesday.


Yeah, I've given up on expecting to know what people will understand "next Wednesday" to mean. I either say "this coming Wednesday" or "next week on Wednesday". Problems solved.

Well, usually. I've still had conversations like this:

Me: "It'll be next week on Wednesday."

Them: "Whoa, slow down there. Do you mean this coming Wednesday, or next week on Wednesday?"

Me: "It'll be next week on Wednesday."

Them: "Ohhhh! Thank you so much, it wasn't clear before."

If they name a rule after me, I want it to be, "If someone can reasonably interpret a phrase to mean two contradictory things, you have to stop using that phrase if you want clear communication, even if it means being more verbose."


> 'Next Wednesday' is always the Wednesday of the calendar week following the current calendar week; doesn't matter what day of the week it currently is. 'This Wednesday' is always the Wednesday of current week on the calendar— even if that day is in the past.

Nope. This is highly contingent on "which day of the week starts a week" conventions.

If it is Sunday, then "next Wednesday" does not clearly mean the day 10 days from now ... and which one you lean toward will depend (in part) on "week starts on Monday" or "week starts on Sunday".


Yes, the boundaries of the calendar week is a convention that varies and impacts the description I gave in a straightforward and obvious way, so you can expect complications with different conventions on the boundaries of each week. :)

Things are also a bit complicated where I live by the fact that 'this weekend' and 'next weekend' follow the same pattern as I described before, but in a way consistent with calendar weeks beginning on Monday rather than Sunday— even though calendars here conventionally start the week on Sunday and usage of 'this <day of week>' and 'next <day of week>' align with that.

Anyhow, the variation you are getting at is already captured in the description I gave: as the calendar (week boundaries) varies, so does the description's meaning. The description is already indexed to a particular calendar (as is the expression, unfortunately implicitly). :p

My claim was that the meaning is easy enough to describe, not that the phrase is unambiguous. That a phrase can be used ambiguously doesn't mean that descriptions/definitions/characterizations of its general meaning actually have to be ambiguous or vague themselves.

Still yeah, this is a real problem for conversations between people who aren't looking at the same calendar/don't understand a shared convention for week boundaries.


> Things are also a bit complicated where I live by the fact that 'this weekend' and 'next weekend' follow the same pattern as I described before, but in a way consistent with calendar weeks beginning on Monday rather than Sunday— even though calendars here conventionally start the week on Sunday and usage of 'this <day of week>' and 'next <day of week>' align with that.

My sense is that weekend nomenclature is even more confusing.

If it is Monday, and I say "next weekend", I'd wager there's a greater proportion of English speakers (at least) who would understand that to mean the two day period that starts in roughly another 4 days. That is: "next weekend" referred to at any time before (possibly) Friday means "the next one to occur", not "the one that is a part of the next calendar week". By contrast, on Friday "next weekend" pretty clearly means the two days that will occur in about 7 days, rather than "this weekend" meaning the two days that start in less than 24 hours.


Yeah, I think the weekend nomenclature is definitely trickier.

> If it is Monday, and I say "next weekend", I'd wager there's a greater proportion of English speakers (at least) who would understand that to mean the two day period that starts in roughly another 4 days.

To my ear, this is wrong, but I think you're right that it's more common. I think 'this weekend' and 'next weekend' are fuzzier than 'this Tuesday' and 'next Tuesday' because of that misalignment I pointed to before, where 'the weekend' is thought of as a thing that comes at the end of a week, but how we write it most calendars where I live is as a thing that bookends the week on each side.

But I couldn't take up the usage you describe even if I moved to a region where it was predominant, I think. How could I abide a situation where 'this Saturday' occurs during 'next weekend'? That's simply madness. :D

(It's amazing how much we humans manage to communicate with something as messy as natural language-- perhaps especially amazing to programmer-brained people like me, who take some comfort and ease from the simplicity and neatness of the artificial formalisms we work with every day.)


i think the difference is the frequency with which it is necessary to differentiate "this" and "next".

for weekends, most of the time most people are talking in ways that make "this weekend" "the next weekend to occur". so here, "this" and "next" are effectively synonymous.

for days of the week, however, it is more often important to differentiate "this Thursday" (occuring in a couple of days from now, during this week) and "next thursday" (occuring in more than 7 days from now, as part of next week).

If my hunch is correct, it would make conventions highly dependent on social scheduling frequency in a culture.


And in reading your comment, I just realized there's a difference between casual conversation and writing something down.

I can easily say "Hey, let's meet next Wednesday!" and you may reply with "Oh, great, I'll put it in the calendar, the 8th it is!" and you reply with "No, I meant the 15th" -- and this reduces the ambiguity. This kind of thing would be happening in "real time", so being perfectly clear isn't as important.

However, if you write "next Wednesday" in a contract, and then complete it on the 15th instead of the 8th, and it's taken to Court ... it's a lot harder to figure out what the the original conversation was like, that led to the writing of the contract!

Hence, it makes sense to use as unambiguous language as possible when writing a contract.


I've taken to saying "Wednesday" or "this Wednesday" to refer to whichever Wednesday is coming up, and then "the Wednesday after this Wednesday" to refer to the following Wednesday. It is a bit wordy but at least it's unambiguous.


Yeah it's not that clear to me. My interpretation would be that if I'm reporting (whatever that means) April, then May would be the first month following, and hence June would be the second month following. Hence the last day I could submit would be June 15th (paper) or June 25th (electronic).


Oh, wow, I think you're absolutely right and I entirely misread that (supposedly "plain") explanation. Having an example, like the one you gave, in the text would be really useful!


This is a great resource for UX design as well.


> The Plain Writing Act of 2010 was signed on October 13, 2010. The law requires that federal agencies use clear government communication that the public can understand and use.

well, no shit! that's amazing

Thanks so much for bringing that to my attention, I'll try to see how I can incorporate those into my own process


Wow TIL. Those before and afters are awesome and I have definitely seen this showing up in government documents. Thanks for sharing.


Am I crazy or does the guidelines page not contain the guidelines? https://www.plainlanguage.gov/guidelines/

Maybe because I’m on mobile?


The guidelines are hidden in the menu in the top-right on mobile.


[X] Good.


> the less nuanced the vocabulary, the less ways it could be interpreted

I genuinely don't mean this in a dickish way -- isn't this, like, tautologically untrue?

By definition, more nuanced, more descriptive language describes a narrower, more precise view of reality than broader language otherwise would.

When would plainer language allow less room for interpretation?

I do generally think writing laws and other documents in plainer language would be beneficial for society, but not for this reason. Sometimes you do have to describe a really, really precise concept. "Kill" is different than "murder" is different than "manslaughter" in ways that are meaningful and important to preserve.

Although even as I write that, I guess you could say "kill", "kill a person with intention", "kill a person without intention". That's kind of what you mean by word subroutines?

At a certain point this just seems like a similarly-complex vocabulary, just with more words, though.


Yes, sorry, it's the latter idea that you arrived at: if a law cannot be understood by a 9th grader, then one might argue it is mal-specified. I grew up hearing stories of folks that dropped out in the 9th grade so it seemed like a reasonable cut-off

I am 100% open to the fact that it may not be possible to do this, since nat-lang is its own special little thing, and trying to apply fixes to it may be nonsensical themselves

The word subroutines would be cross-references to potentially more complex concepts akin to "one cannot end life (§3.14.159) unless working (§8.6.753) in a job (§127.0.1) that allows State violence" where the boundaries of what this legislation cares about 'ending life,' the boundaries around 'working,' the boundaries of a 'job' would then be composed into 'citizen cannot kill other citizen'.

I always got the impression that the nuance between murder and manslaughter wasn't in their degree of unlawfulness but rather in their sentencing, but I am deeply thankful that I haven't needed to know


> I always got the impression that the nuance between murder and manslaughter wasn't in their degree of unlawfulness but rather in their sentencing, but I am deeply thankful that I haven't needed to know

As an aside the difference between murder and manslaughter is in the intent of the perpetrator. Murder is typically when you intended for the outcome to be death (and is additionally divided into whether or not it was premeditated/planned).

Manslaughter is reserved for when there was not intent to kill, but your actions caused a death.


Right, but that's why I said the sentencing part because to the best of my knowledge one doesn't become "more unlawful" in either case, rather if found guilty of the "lesser" of the two evils(?) you are unlikely to get capital punishment. The nuance is in the severity, not the crime

Err, having written that out I now guess there is also some social component to it: you may still be received at a party if convicted of manslaughter but maybe not murder so we need different words to describe the act for purposes outside of the legal system


I mean… they represent two very different acts, albeit with the same outcome. It makes sense that we use different words for it.

We even draw the distinction between degrees of murder since sitting down and planning a murder in cold blood (murder in the first degree) is far different than a road rage incident with a gun (murder 2) which is different still than a shove in a bar where someone falls down and hits their head and dies (manslaughter). Hell, some places even distinguish between voluntary and involuntary manslaughter.

The point is that all these words have meaning, and we deeply care about the nuance.


Apologies, I wasn't trying to say "English can get bent for having nuance" I was speaking about them from a legal point of view, and (again) I emphasize that based on your examples the difference matters solely in sentencing not "how illegal" they are

To circle back to the "if law were programming" idea, I think of all the nuances you cited as belonging in any "then" clauses, not the "if" clauses of legalese

  if made_dead:
    # determine punishment
    if premeditated:
       ...
    elif road_rage and crime_scene.contains({"gun"}):
       # a kind of very, very slightly premeditation
       ...
    else:
       # and here one can get into [in]voluntary made dead
because (as I ham-fistedly tried to get at) there are very, very few cases in the law where one human can legally end the life of another human so it's silly to try and split hairs about "why" except for how much revenge(?) society wants to extract from them for the wrongdoing


Law does have subroutines like this... but they're implicit via "as used in this section, X is defined as" clauses that may be pages away or defined decades prior, as well as de facto definitions scattered through centuries of case law. New legislation can't simplify things unless the entire graph of implicit definitions is considered.

All this was inscrutable before LLMs, but LLMs bring their own challenges: to summarize something in plain text, is it using a deep graph of definitions that are sourced and verifiable, or hallucinating their existence? IMO architectures as in https://arxiv.org/html/2410.04949v1 and https://arxiv.org/html/2409.13252v1 are useful; one uses LLMs to create local knowledge graphs and integrate them, then translates natural language queries into (successive) graph queries or graph-based RAG approaches. Things are still evolving in real time here, and IMO we've only scratched the surface of what's possible.


Yes, but that needs to be cleaned up!


I'd take out the reference to "job" -- because the only State violence where it's legal to commit violence against another person without provocation is in the Military (and even then, it's subject to Rules of Engagement and other protocols); whereas even though police have powers not normally exercised by other citizens to arrest people, both police and citizens have the right to respond to lethal force with lethal force, which can often (but not always -- "lethal" can mean severe maiming, for example, or an attempt to incapacitate) lead to the death of the person being responded to.


> if a law cannot be understood by a 9th grader, then one might argue it is mal-specified

You want to administer nuclear weapons, the U.S. military and toxic-waste rules based on a high-school freshman’s knowledge of the world?


What should be done for the high-school freshman dropout who goes on to get a commercial driver's license, and then goes on to get an endorsement for transporting hazardous materials?


I would like to see general law subject to a restriction like that. But law that applies to specialized domains can be written such that anyone reasonably proficient in that domain can understand it.


But murder and manslaughter aren't simply "kill a person with intention", "kill a person without intention", that's why we have different degrees of each. Because you have to define what intention means. Savagely beating somebody to death, while believing they'll probably survive - is that with intention or without? There's also other forms of homicide than just manslaughter and murder!

I think that's why these terms exist, because they become shorthand for longwinded definitions that may need to be very precise.


FWIW, judges in England (or maybe UK) have flip-flopped on this question as recently as in 2003. (See "R v G") That said maybe the problem is that the UK doesn't have different degrees of murder. But still.

Real life can be complicated and moral/legal questions can be hard to determine.


What you're describing sounds like Toki Pona, which ends up very ambiguous because of 120 word vocabulary. Still, here's a contract written in it:

https://jonathangabel.com/2012/lipu-lawa-pi-esun-kama/


I actually initially did load the Toki Pona wikipedia page because I (erroneously) thought TP was just a constrained version of English and not its own language. So, once I saw it was not one of the established natural languages that are used in law/contracts/treaties I closed the page

If we were going to get 80 year old Senators to learn a new language, I'd lobby for Lojban which is at least plausibly designed for representing unambiguous semantics

I've mentioned before that any laws that are written in formal languages seems great from the metric of keeping "interpretation" cases out of the judicial system but would put society back into the "priests read Latin and tell the plebs what God really meant, trustmebro" and that's for sure no bueno


I think you'd just end up going through the motions of this again: https://youtu.be/_ahvzDzKdB0


Care to elaborate on the proposals to do laws via formal languages?

Seems like there's a lot of pitfalls there, but that comes with the territory of writing laws in general.

Seems like a concept worth exploring.


https://github.com/CatalaLang/catala#readme is the most famous one I know of, and https://github.com/CatalaLang/catleg is an integration with the French legal code. https://catleg.readthedocs.io/en/latest/cli_reference.html#c... gives an example URL that has unfortunately link rotted but wayback has it https://web.archive.org/web/20240721045507/https://www.legif...

I am pretty sure there are several more but that's the one I can recall. It has been discussed here periodically https://news.ycombinator.com/from?site=github.com/catalalang (and https://news.ycombinator.com/from?site=catala-lang.org ) with the 2023 thread being the beefiest https://news.ycombinator.com/item?id=37546874


It’s true that trying to state complicated necessary and sufficient conditions will inevitably involve a ton of essential complexity due to the nature of the subject matter, but there may still be room for improvement by eliminating additional accidental complexity introduced by e.g. cumbersome syntax. I think by "legalese" the authors probably have in mind only the accidental complexity introduced by the distinctive, convoluted syntax of legal language.

For instance, here [1] is a random paragraph I found in a contract that I think is pretty good example of "legalese", and here [2] is my attempt to rewrite it for readability. All the essential complexity remains, but I think (hope!) much of the accidental complexity has been removed. :)

[1] 3.3.4 Date of Issuance. Each person in whose name any book entry position or certificate for shares of Common Stock is issued shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Warrant, or book entry position representing such Warrant, was surrendered and payment of the Warrant Price was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date when the stock transfer books of the Company or book entry system of the Warrant Agent are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books or book entry system are open.

[2] 3.3.4 Date of Issuance. To determine the record date for ownership of Common Stock shares (whether issued as a book entry or certificate), ask: Were the Company's stock transfer books and the Warrant Agent's book entry system open when the Warrant was surrendered and the Warrant Price was paid? If yes, the record date is that same date of surrender and payment. If no, the record date is the close of business on the next day when the books and systems are open.


In the original, if either the stock transfer books of the Company _or_ the book entry system of the warrant agent are closed, the person becomes a holder on the next date when either are open.

In your rewrite, if both the stock transfer books and the book entry system of the warrant agent are closed, the person becomes a holder on the next day when both are open.

If you search for the language of the original, you'll find a bunch of examples of the exact same language. I'm with the others that this is well-litigated language that no one wants to change. https://www.bing.com/search?pglt=161&q=Each+person+in+whose+....


Pretty easy to fix:

[2] 3.3.4 Date of Issuance. To determine the record date for ownership of Common Stock shares (whether issued as a book entry or certificate), ask: Were the Company's stock transfer books or the Warrant Agent's book entry system open when the Warrant was surrendered and the Warrant Price was paid? If yes, the record date is that same date of surrender and payment. If no, the record date is the close of business on the next day when either the books or systems are open.


One problem I see with your rewrite, is it's written in a style such that it appears to be a responsibility of a party of the contract, but failes to specify which party. Where the original reads as a statement of state and fact.


What's a "record date"? How is it significant? What other provisions use that term?


It's when a company takes a static snapshot of who officially owns shares which is then used to determine who's eligible for things like dividends or voting on company decisions. You'll often see it in dividend declarations (e.g. "shareholders of record as of March 1st will receive ...." Then if you want that dividend, you need to be officially listed as a shareholder by March 1st.)


Yes but that definition is not in the rule you rewrote - so you need to add to what you wrote.

I suspect you will end up with something similar to the original.


I was pulled into a tough legal case and my lawyer explained that engineers have the hardest time working with law because they expect things to be logical. It's really a squishy mess full of ambiguities that are resolved with sophistry and head games.


> engineers have the hardest time working with law because they expect things to be logical

This sounds like something a lawyer would say to a client who wants to think that. Law and coding have remarkable parallels.


To some extent, but in my experience developers struggle to understand that ultimately, the law is interpreted by humans, instead of a strict rule based system. I understand this frustration, to be clear, but this distinction is obvious.


> in my experience developers struggle to understand that ultimately, the law is interpreted by humans, instead of a strict rule based system

True. But this isn’t because someone is more logical. Honestly, that was a great line by a lawyer who probably wanted to focus on the case and not bill hours for a philosophy of law discussion.


The parallels are pretty superficial. The process is similar to theologians arguing scripture or maybe querying a low-grade LLM.


> parallels are pretty superficial

Not really. In particular, they’re both professions filled with people who have egos the size of planets. I can just as easily see a surgeon telling a lawyer that the law is logical, being designed by man, in a way the human body is not just to get them to shut the hell up with broad questions about human anatomy during a surgical consult.

(The actual parallel is they both deal with constructed languages. High-level languages are full of hacks and quirks and high-octane stupid it, just like the law.)


The funny part is that engineers and doctors typically think they’re the smartest one in the room. To prove this, they over think and over explain their deposition responses. All this does is give a skilled interlocutor more avenues to question and develop inconsistencies. At which point ego is triggered and they become super-defensive.


Ah, the always-entertaining moment when a person who is technically-correct (the best kind?) realizes that the socially-correct interpretation carries greater weight in the minds of everyone except themselves.

Been there. Learned eventually. Sometimes still forget. :)


I won through a little bit of advice suggested by a layperson. I simply got the case moved to another room. The old judge hated us and the new judge loved us. All we had to do was decline magistrate jurisdiction. My lawyer was really reluctant for reasons I believe had to do with his standing with the court and not my case. And to think that layperson could be jailed for suggesting it.


No, they wouldn't, nor is this some kind of secret trick as you seem to be implying. This is a fairly common practice sometimes called "judge shopping" similar to "forum shopping" (where you try to get your case moved to the jurisdiction most friendly to your claim). It's not illegal, though it is (in theory) discouraged. As an example, if you're not familiar, look up the Eastern District of Texas and patent litigation.


Nobody directly involved ever mentioned the idea and we didn't change jurisdictions. We had the right to reject a magistrate simply because they were a magistrate judge and not simply a judge. Nobody discouraged it or even tried to fight it. If law was so logical and like code, this move would not cause an instant 180 in the case.


I think they were going for „giving legal advice while not being a lawyer“, not the suggestion of judge shopping.


You were in the courtroom once, the lawyer will be in that room many, many times. He wants what is easiest for him, with some deference to you, but really mainly for him.

All this stuff is hard to navigate if you're not used to it, or haven't been involved before.


> to think that layperson could be jailed for suggesting it

Who told you forum shopping is illegal to talk about?


Giving legal advice when not being a lawyer is illegal, it’s probably very unlikely that this already counts as legal advice though.


Thank god we don't have a jury of morons making medical or safety critical decisions.

Edit: Actually we do. Skilled interlocutors like that doing their thing are how we got leaded gasoline.


Precise and unambiguous is important, and so legal documents will always have features that make them wordy and complex. However according to the article the grammar of legal documents is often much more complex than needed, and you could get the same precise and unambiguous language with a much easier to read grammar.


Speaking as a non-lawyer who works in the legal industry, I question the idea that legalese is generally more precise and unambiguous. From what I've seen the purpose of a lot of these legal incantations is actually to be more vague.

This isn't necessarily a bad thing. A more precisely worded contract, for example, is arguably more likely to have unambiguous loopholes that people can abuse without you being able to easily fight back. The well-known reductio ad absurdum of this phenomenon is Etherium smart contracts.

You see this in laws, too. The US's Federal Rules of Civil Procedure and associated case law, for example, contain all sorts of explicit refusals to say things more precisely. The stated rationale, here, is that it's impossible for the people drafting these rules to anticipate every possible situation and contingency, and instead they must trust that reasonable attorneys and judges are able sort things out in the course of litigation.


This reminds me of an article I read several years ago (I wish I had the link!) that explained that because the Law has contradictions, you can literally prove anything!

The article then went on to say this isn't necessarily a bad thing: two lawyers put their arguments before the judge, and the judge can then decide what's best for that particular situation.

The author of the article was at least somewhat libertarian, because he suggested that this is necessary when there's a single body of Law to deal with; the other way to deal with these problems is to go with arbitrators instead -- but in that case, the "Law" would be decided between the two parties and the arbitrator, which has its own twists and turns!


It reminds me of the pre-symbolic mathematical notations where equations would be described in long paragraphs.


In Denmark there is some part of legalese being the way it is because of what you talk about here. Legalese is essentially something you write for a “compiler”. Unlike a compiler, however, the legal system isn’t going to throw up and tell you that you are wrong when they interpret your legalese. Well I suppose it’s a little like JavaScript where it’ll continue and just replace bad parts with “any”. Which is bad if you intended a part of a contract to mean something very specific.


I don't think so. Based on the article, the definition of legalese is a high prevalence of center-embedding. Center embedding is one of the most ambiguous ways to write sentences, so it does not make sense as a style of writing presisly.


That’s not the definition of legalese and I protest the focus of the article and study: that center embedding is seemingly the sole issue.


Possibly, but here's a data point in the opposite direction: Learning mathematics, especially higher forms of mathematics.

Before students can learn directly from symbolic representations like formulae, mathematics teachers must communicate mathematical ideas to them using natural language -- and with just a few iterations of correcting misunderstandings, this process somehow converges on the students having the same understanding of these abstract ideas.

That is, natural language succeeds here in bootstrapping a more precise form of communication.


Mathematics can be unambiguously communicated because teachers are describing a system with only one or a few self consistent interpretations. Effectively, there's a natural error correction scheme built in (the state I've been described is invalid, so find the closest valid state and assume that). Note that even then, very many people struggle to communicate about math.


On a side note, I find this interesting how accepting everyone here is that language is ambiguous. The conversations seem to drastically change when you start talking about LLMs. But this is exactly why I don't see them replacing programmers even if they didn't write shit code. Because like with law, you don't really even know what you're trying to describe until you start doing it. And then you gotta keep updating it and be thinking really hard about all your edge cases.

Though for law, I think some ambiguity is beneficial. We should be going after the intent of the law, not the letter. This isn't just about bad encoding, as in not well aligned with the intent, but that there's always exceptions. Having that human judge be there to determine if something is actually reasonable or not is beneficial, even if there's a strong bias to follow the letter.


> Though for law, I think some ambiguity is beneficial.

Ambiguity means that there are two or more possible interpretations and it's not clear which of them is intended. That's hardly useful. What's beneficial, and what you perhaps had in mind, is some amount of under-specification where the meaning is clear but leaves gaps to be filled in by judges.


Yes, this is what I mean. More focus on the intention. But I do also think we should give judges a lot of flexibility (technically they do). Because things are changing all the time.


I agree with your second point about intentionality of the law. I would love to see strict requirements that new laws should have sections explaining: -the intention in writing the law. -societal and economic situation that lead to it being needed. -what measurable outcomes the law should achieve in x years


Politics is a game of making coalitions. People may be in favor of a law for disparate reasons. Take a law against prostitition. One person may be in favor of it to reduce trafficking. Another to reduce premarital sex. A third to reduce husbands' opportunities to cheat. A fourth to reduce the spread of std's.

On the other side there may be one person that wants to have sex with prostitutes himself, another that believes women should be able to do what they want with their bodies, a third that believes prostitutes can be an important way for young men to gain sexual experience and skill, a fourth that thinks prostitution is bad but legalization to be a way of harm reduction.

Not all of these people may be willing to admit their reasoning in writing. You could say that only following the written down reasoning is a feature. I haven't thought a lot about that subject, so I haven't made up my mind on it.


This seems like a feature and not a bug. Though in your example, it seems like those that would be required to state the reasoning wouldn't have a problem. A partial solution for the coalition issue is that signatories can be connected to the intentions.

I want my politicians speaking more honestly. Or at least having to write things on the record. Things in the system that pressure more honesty, accountability, and transparency are better.


> Not all of these people may be willing to admit their reasoning in writing

They are not willing to admit it in any domain, which is exactly why we want it in writing.

It's called accountability.


I can't see agreement on intentions in writing, there will be many intentions.

What I would like to see is what harm it is supposed to prevent.


Not just as a programming language. One that is being executed by adversarial agents. They won't just dumbly interpret the rules. They will do so with specific intent for gain. (I don't say this as a judgement.)


I consider this a feature rather than a bug. If you don't advocate for yourself and those you care about, who will? There's a certain level of ethics where you may be hurting someone else, but dealing with that is ... complicated ... to say the least!

What's more, the very "loophole" that enables a murderer to get away with murder is what an innocent person would use to be unjustly convicted of murder.

There are very few rules that will only permit good outcomes and never bad ones.


I'd say it's more like a combination of trying to use natural language as a programming language in combination with behaviors that are analogous to indiscriminately using object-oriented idioms and enterprise design patterns (or overusing monads, for that matter) even when a much simpler way to express the same concept will do.

Incidentally, I think that the reasons why programmers tend to do that are quite similar to the reasons for using legalese that the paper identifies.


Natural language is indeed ambiguous. Words tend to vary in meaning from time to time. So legal documents gave to precisely define a lot of terms, and Latin is also used (because meanings there dont change.)

Take the phrase "Open Source" as an example. Us old folk ascribe specific meaning to that term - typically based on the legalese in Open Source licenses.

However the next generation have imbued it with their own (various) definitions. This leads to endless back and forth. For example I recently pointed out that SQLite is Public Donain, not Open Source. (With predictable pushback.) Today, in other thread someone claimed "its not really open Source unless its in git, and on github".

And the distinction between Free Software and Open Source is seldom understood.

So yeah, legal documents are gard to parse because they can't take "common meaning" for granted.


> "its not really open Source unless its in git, and on github".

Heh, mine is even more strict: to me, it's not really open source unless I can build it since if I cannot compile the project, I cannot change it for my needs and/or send those tested changes back upstream

I have a second 2nd level "requirement" about packaging it in a sane distribution format, because I don't think any reasonable person wants to have a .desktop file that is $(cd /home/src/foo; npx run whatever "$@"). I'm looking at you, Chromium, since I can get it to build just fine but count the number of hand-rolled /usr/bin/install calls https://github.com/archlinuxarm/PKGBUILDs/blob/741f8edf84c7b... because evidently the $(make DESTDIR= install) is just kidding


Or like the old quip: "Free as in speech, not free as in beer."


Open source only became confusing because Richard stallman made it his life mission to try to redefine the meaning of free in a way that would confuse people for decades to come.


Free Software predates Open Source, so that's not an ideal conflating.

I get where you are coming from though. The choice of the word "Free" in "Free Software" isn't ideal because the word "Free" has multiple meanings. Most people (especially non-tech users) assume it means "no cost" rather than "unencumbered".

So yes, it would have been simpler either a different name. Hindsight is perfect.

That said Free Software is different to Open Source (although lots of tech folk conflate the two.) That aside, it doesn't stop people adding their own (incorrect) requirements or expectations, as seen elsewhere in this thread.


There is no open source without stallman. After decades of advocacy and organizing his ideas have been moderated for mainstream success.

Work on big technical projects like Linux was also a strong signal for employers. For years now that signal has been a target to emulate so a. Lot of “open source” became FAANG resume building.


That's what I've always thought.

Legalese looks an awful lot like code (I'm a programmer) meant to cover all edge cases and not permitting subroutines. It would be an awful lot clearer if they used a single term and then defined it after the main body of the law. Put as much as possible into a global appendix--as a layman occasionally trying to look up a law I find eternal references to as defined by xxxx.

And require the state to publish a version with hyperlinks and hover text.


I expect there is a correlation between frequency of use and broadness of interpretation. Commonly used words may be more likely to mean multiple things. Words cul-de-sac'd in arcane contexts may be less likely to evolve in the popular sphere.

When someone says: "That's so random", it isn't a commentary on determinism. There are many cases where adhering to a precise definition becomes problematic in popular discourse.


Legalese would be a lot easier to understand if they did write it like an english programming language. “If age < 21 then let alcohol = illegal” is pretty succinct and unambiguous compared to however they actually wrote that statement in legalese.


Tangential, is there studies on rewriting legal laws in some language with formal verification? I see how it can be used to assert correctness and consistence.


It's verbose english with a stubborn attitude against any kind of formatting. Maybe I'm part of the problem here. BRB.


And very often means or in English - recent Supreme Court case about this.




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