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Re:Beautiful law: how design can make law simpler, useful an... by DanBC on Tuesday January 27, 2015 @08:35PM (#8957491)
The Underground Grammarian has a rant about legal language. If you like that kind of ranting you might appreciate this.

http://www.sourcetext.com/grammarian/less-than-words-can-say...

> Here is an example of the sort of thing that infuriates the advocates of plain English. It's an extract from one of those handbooks put out by the Occupational Safety and Health Administration, an outfit notorious not only for its torture of English but for the fact that many of its thousands of rules and regulations render each other what they call in Washington "inoperative." It's hard to decide whether the people at OSHA are simply ineffectual bumblers or supremely talented satirists boring from within. Here, for instance, is how they define an exit: "That portion of a means of egress which is separated from all other spaces of the building or structure by construction or equipment as required in this subpart to provide a protected way of travel to the exit discharge." That's not all. Now they elaborate on "means of egress": "A continuous and unobstructed way of exit travel from any point in a building or structure to a public way [which] consists of three separate and distinct parts: the way of exit access, the exit, and the way of exit discharge."

> That's certainly ugly, and it makes us wonder whether an exit has to be defined at all, and, if it does, why couldn't it just be called a way to get out. Then we wonder why a "means of egress" has to be defined at all, and, if it does, why couldn't it be called a way to get to the exit. If these reservations seem reasonable to you, it's because you're just not thinking. You are assuming that any ghastly mess of verbiage that comes from a bureaucracy needs to be simplified because it is needlessly complicated to begin with. Wrong. As it happens, that horrid prose serves its aims perfectly. Regulations of this nature have one clear purpose, and that is to answer, before the fact, any imaginable questions that might be asked in a court of law. For that purpose it's not enough to assume that everyone knows what an exit is. Is a door an exit? Maybe, but maybe not, if a drill press just happens to be standing in front of it. Is a hole in the wall acceptable as an exit? Do you really get out of the building (let's say it's ready to blow up) if you go through a door and find yourself in an enclosed courtyard instead of a "public way"? You don't have to be very clever to think of lots of other such questions, and the writer of this regulation is thinking about your questions. He has done a good job, although he has written something very ugly. But it's only ugly; it's not wrong, it's not more complicated than it has to be. It doesn't need simplification; it needs simply to be kept pretty much out of sight, lest it provide some plain English fanatics with what they think is a useful example.

I'm not convinced I agree with him. I'm sure someone could re-write this example such that it keeps the same meaning but is easier to read.

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