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COLLEGE OF LAW
Legal English I
CLARITY
There is nothing as mysterious as something clearly seen.
(Robert Frost)
The price of clarity, of course, is that the clearer the document, the
more obvious its substantive deficiencies. For the lazy or dull, this price
may be too high. (Reed Dickerson, Professor of Law, Indiana University)
I. CLARITY
Clarity in writing results when the writer is able to express exactly (and
unambiguously) what he wants to be reflected in his work. The last thing
a writer would want is to confuse his readers. On one level, clear writing
involves clarity of expression and sentence structure. On another deeper
level, clarity results to clearness of ones logic and arguments.
Clear expression happens when what one thinks is reflected on that which
one has written. To check if this has happened, the writer must re-read
his work and look at it from the point of view of the ordinary reader. The
writer must check for ambiguities, that is, if some terms may have more
than one meaning. Generally, what is unclear for the writer is likewise
unclear for the reader.
Concrete:
He denied my request.
Improved:
Improved:
Improved:
Better:
2.
not sure what they want to say cannot be understood. Their work appears
to ramble, with the reader not knowing where the writer is headed.
There are 3 ways to know when one is unsure of his point: a) by overdescribing the background to what one wants to say; b) by being unsure
whether one is for or against a certain topic; and, c) having too many
points within one work.
3. Have a structure. This is where you put your data, analysis and
argument.
The introduction, for example, must already contain a summary or abstract
of your work. The background must only be short overview of the problem
or legal concepts to be discussed. Extending an explanation of the
background will tire the reader, and will give an impression that the
background is already the main concept discussed by the paper. The
facts of a particular case under study must only cite relevant details.
Putting in more will make the reading tedious. The analysis will discuss
the writers arguments. Here, the writer will cite facts and evidence
supporting his position. He may also cite counterevidence against his
position, and discuss how these points will fall short of the writers
arguments. If the analysis covers many areas that may be broken into
sub-parts, and each part is discussed separately, the paper must end with
a short conclusion which is a summary of the main analysis presented.
5. Be precise.
Know the exact meaning of the term. If the term is scientific or legal, and
has a technical meaning, know both its technical and ordinary meaning.
Never use a term because it sounds right, particularly when you are not
sure of its definition. To be sure, consult the dictionary. #