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Many verbs have related nouns
– you can decide or make a decision, complain or
make a complaint, know or have knowledge of. A writing that uses verbs is briefer,
clearer and more direct.
Conciseness
Omit needles language.
If a word has the same meaning as a phrase, use the word.
Use the shortest sentence that conveys the intended meaning.
Specificity
Except when political
authorities require otherwise, drafters always should strive
for a high degree of specificity. If legislations are drafted in terms which are wide
and general this is likely to give rise to different interpretations
and inevitable
challenges.
Word Choice: General
The objective in legislative drafting is to make the final product as precise and
understandable as possible. There
are hundreds of expressions, legal and
otherwise, that can be simplified. In general:
never use a long word
if a short one will do;
if it is possible to omit a word and preserve the desired meaning, always
omit it; and
never use a foreign phrase, a scientific word, or a jargon word if there is an
everyday English equivalent.
Use vocabulary adapted to the reader
Drafters should adapt their vocabulary to their anticipated audience
–and not only
to judges and lawyers and follow the following rules:
Do not „legalese‟
E.g. „such‟, „said‟, „herein above‟, „herein after‟ and the like.
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Do not use arcane, obscure,
uncommon, or foreign words. Use technical
terms only where the context requires it. Do not use „bureaucratese‟ (e.g.
acronyms)
avoid use
of “
mutatis mutandis”
Unwilling to repeat a set of instructions including
the precise changes
necessary make them fit a new case , a lazy drafter
merely write that the
already stated rues apply to new case
mutatis mutandis.
A typical example is Art.6 of Property Mortgaged and pledged with
proclamation No.97/1998 which makes 55 provisions
of the Civil Procedure
Code applicable to the new and peculiar subject matter.
d. avoid use of a deeming provision. (--- deemed to be----)
A drafter can always reach the same result by using an inclusive word and
defining the inclusive word in the body of the law. Alternatively, a drafter can
state the matter directly.
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