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xtruss · 11 months ago

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Study Explains Why Laws Are Written In An Incomprehensible Style

— By Massachusetts Institute of Technology (MIT) | 19 August 2024

Credit: Unsplash/CC0 Public Domain

Legal documents are notoriously difficult to understand, even for lawyers. This raises the question: Why are these documents written in a style that makes them so impenetrable?

MIT cognitive scientists believe they have uncovered the answer to that question. Just as "magic spells" use special rhymes and archaic terms to signal their power, the convoluted language of legalese acts to convey a sense of authority, they conclude.

In a study appearing in the Proceedings of the National Academy of Sciences, the researchers found that even non-lawyers use this type of language when asked to write laws.

"People seem to understand that there's an implicit rule that this is how laws should sound, and they write them that way," says Edward Gibson, an MIT Professor of Brain and Cognitive Sciences and the Senior Author of the Study.

Eric Martinez Ph.D. is the lead author of the study. Francis Mollica, a lecturer at the University of Melbourne, is also an author of the paper.

Casting a Legal Spell

Gibson's research group has been studying the unique characteristics of legalese since 2020, when Martinez came to MIT (Massachusetts Institute of Technology) after earning a law degree from Harvard Law School. In a 2022 study, Gibson, Martinez, and Mollica analyzed legal contracts totaling about 3.5 million words, comparing them with other types of writing, including movie scripts, newspaper articles, and academic papers.

That analysis revealed that legal documents frequently have long definitions inserted in the middle of sentences—a feature known as "center-embedding." Linguists have previously found that this kind of structure can make text much more difficult to understand.

"Legalese somehow has developed this tendency to put structures inside other structures, in a way which is not typical of human languages," Gibson says.

In a follow-up study published in 2023, the researchers found that legalese also makes documents more difficult for lawyers to understand. Lawyers tended to prefer plain English versions of documents, and they rated those versions to be just as enforceable as traditional legal documents.

"Lawyers also find legalese to be unwieldy and complicated," Gibson says. "Lawyers don't like it, laypeople don't like it, so the point of this current paper was to try and figure out why they write documents this way."

The researchers had a couple of hypotheses for why legalese is so prevalent. One was the "copy and edit hypothesis," which suggests that legal documents begin with a simple premise, and then additional information and definitions are inserted into already existing sentences, creating complex center-embedded clauses.

"We thought it was plausible that what happens is you start with an initial draft that's simple, and then later you think of all these other conditions that you want to include. And the idea is that once you've started, it's much easier to center-embed that into the existing provision," says Martinez, who is now a Fellow and Instructor at the University of Chicago Law School.

However, the findings ended up pointing toward a different hypothesis, the so-called "Magic Spell Hypothesis." Just as magic spells are written with a distinctive style that sets them apart from everyday language, the convoluted style of legal language appears to signal a special kind of authority, the researchers say.

"In English culture, if you want to write something that's a magic spell, people know that the way to do that is you put a lot of old-fashioned rhymes in there. We think maybe center-embedding is signaling legalese in the same way," Gibson says.

In this study, the researchers asked about 200 non-lawyers (Native Speakers of English Living in the United States, Who Were Recruited Through a Crowdsourcing Site Called Prolific), to write two types of texts. In the first task, people were told to write laws prohibiting crimes such as drunk driving, burglary, arson, and drug trafficking. In the second task, they were asked to write stories about those crimes.

To test the copy and edit hypothesis, half of the participants were asked to add additional information after they wrote their initial law or story.

The researchers found that all of the subjects wrote laws with center-embedded clauses, regardless of whether they wrote the law all at once or were told to write a draft and then add to it later. And, when they wrote stories related to those laws, they wrote in much plainer English, regardless of whether they had to add information later.

"When writing laws, they did a lot of center-embedding regardless of whether or not they had to edit it or write it from scratch. And in that narrative text, they did not use center-embedding in either case," Martinez says.

In another set of experiments, about 80 participants were asked to write laws, as well as descriptions that would explain those laws to visitors from another country. In these experiments, participants again used center-embedding for their laws, but not for the descriptions of those laws.

The Origins of Legalese

Gibson's lab is now investigating the origins of center-embedding in legal documents. Early American laws were based on British law, so the researchers plan to analyze British laws to see if they feature the same kind of grammatical construction. And going back much further, they plan to analyze whether Center-Embedding is found in the Hammurabi Code, the earliest known set of laws, which dates to around 1750 BC.

"There may be just a stylistic way of writing from back then, and if it was seen as successful, people would use that style in other languages," Gibson says. "I would guess that it's an accidental property of how the laws were written the first time, but we don't know that yet."

The researchers hope that their work, which has identified specific aspects of legal language that make it more difficult to understand, will motivate lawmakers to try to make laws more comprehensible.

Efforts to write legal documents in plainer language date to at least the 1970s, when President Richard Nixon declared that federal regulations should be written in "Layman's Terms." However, legal language has changed very little since that time.

"We have learned only very recently what it is that makes legal language so complicated, and therefore I am optimistic about being able to change it," Gibson says.

#Written Laws #Incomprehensible Style #Study | Explains #Massachusetts Institute of Technology (MIT)#Proceedings of the National Academy of Sciences #Eric Martinez Ph.D. | Francis Mollica #University of Chicago Law School #Magic Spell Hypothesis #Casting | Legal Spell #The Origins of Legalese #President Richard Nixon #Layman's Terms #Center-Embedding | Hammurabi Code

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wandixx · 7 months ago

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GIW made a lot of mistakes and the biggest one was going against Young Justice part 2

part one is here

@whimsicalchaosgarden you asked to be tagged, sorry it took so long

Trigger warnings: mentions of experimentation and dehumanization (tell me if there is more appropriate way of phrasing it)

“So,” Robin started, taking the voice recorder out of his utility belt. “It'll probably be best if we get an explanation while making an accident report. This way we get it all over sooner”

Everyone agreed with this idea, standing in the loose circle in the debriefing area to make it all feel more serious. They had limited time before the next batch of cookies needed to be taken out of the oven and there was no way they all wouldn't devolve into chaos when it happened. M’gann knew from experience.

To make sure they wouldn't take too long and cookies wouldn't turn on the fire alarm (again) both she and Danny set a timer.

In the meantime they had to learn who actually attacked them earlier.

“Phantom do the honors”

Danny froze for a moment, looking like deer caught in the headlight before he asked in a bit squeaky voice:

“How do I make an accident report?”

“Just say what happened but make it sound fancy,” Artemis explained.

“Make a mission report and we'll fix it along the way,” Kaldur proposed.

“Answer ‘When? Where? Who was involved? What happened? What have you done about it?’ without excessive use of puns to avoid Bat-lecture” Robin helped, already in handstand.

“Bat-lecture? Really Rob?”

“So it's like lab report lite” Danny said before Robin did anything more than squawk indignantly “Alright, I can do it. Do you have any set phrase to start? And which accident report is it, in the database?"

“44th… How about ‘[Hero name], report’? Sounds serious enough.”

Everyone agreed, so after a moment of silence Kaldur did the honors.

“Phantom, report”

Danny straightened, rolling his shoulders back and locked his eyes in the middle distance. It was a bit eerie how fast he went from relaxed and goofy to almost emotionless statue. M’gann wished to never encounter it again, thank you very much.

“Incident report no. 45 made by Young Justice member Phantom, regarding an attack from earlier today, 26th April 20XX. The Young Justice Team, later referred to as the Team, went on a trip to an amusement park staying currently in the city of Happy Harbour. It was an activity meant to strengthen interpersonal relationships within the Team, previously green-lit by Red Tornado. Every member was in civilian attire as per protocol. Around 3:15 PM, after two and a half hours, the Team were disturbed by a group of ten armed people, recognized by member Phantom as belonging to Ghost Investigation Ward, colloquially known as GIW or Guys In White because of their uniforms. Later in the report the organization will be referred to as the GIW. Two shots were fired by the assailants, targeting but not reaching member Phantom. Members of the GIW were hostile but with use of humor and threat of legal actions, the Team managed to diffuse the situation before it endangered passerbys. Despite direct attack, none of the Team members’ identities were compromised. Assailants left the confrontation with belief that Phantom left his ectoplasmic signature on an unrelated civilian. Agents refused to admit they were working for the GIW since its operations break a couple of laws of the state Rhode Island. Because of that, their appearance was reported to local law enforcement and taken care of. No injuries or damage to the city infrastructure were sustained other than two burns in the asphalt in the place of confrontation. Required follow-up with local law enforcement in civilian attire as victims of assault. End of report” Danny sighed, easing back into a more natural position. “This good?” he asked, with a sheepish smile.

“Perfect”

“How are you so good at reporting? You didn’t even know what to do a second ago? That’s just unfair”

“I used to write my parent’s lab reports. It’s pretty similar in form”

“Lab-”

“Follow-up to the report only, Kid-Flash,” Robin interrupted “Phantom. elaborate on who were the assailants”

Danny stepped back from himself again.

“GIW is a ghost hunting organization supported and accredited by the state government in Illinois, legally operating also in states Wisconsin and Ohio. Their goal is to catch and examine ecto-entities to learn more about their biology and ways to obliterate them. Obviously their plans for experimentation don’t include consideration of ghosts’ well-being”

“Damn, that’s messed up”

“They wouldn't catch a blob ghost if they tried,” Danny shrugged, though something was wrong with the gesture. She wasn't sure though, so she moved on.

“Then why were you scared?” M’gann pressed on instead.

“My parents… are, you know, prominent ghost hunters so when GIW opened we all got a tour around the whole building. The lab was… it made me imagine things I wished I had never thought about”

“They have labs? Like evil labs?” Robin perked up like a kid who just heard that Christmas came early. “How could you hide it from us?!” he added, falling to hang on Danny's shoulder. He twirled a bit to catch the left one even though before he stood on halfa’s right side. Dramatic as always “Conner, we have a birthday gift for you!”

“What does GIW’s lab have to do with my birthday?”

“The potential!” Robin yelled, straightening for a better effect.

Everyone started laughing. Well, everyone other than Conner who just looked at them confused.

“He probably wants to storm another lab, bring up nostalgia of our first meeting,” Kaldur calmed down just enough to explain.

“Tell me you wouldn't like to punch an evil scientist,” Wally added, almost dropping to the floor.

“This does sound nice”

“And THIS is exactly the reason why I haven't told you all. Thanks for spoiling my surprise Rob,” Danny lied, though he did his best to sound truthful. He even projected some false mirth.

It would take much more to trick M’gann though. She abruptly stopped laughing.

“You're lying. Why actually haven't you told us?” she demanded maybe a little too harshly, but she was worried. Everyone froze for a moment, before turning to look at Danny.

“They're all bark no bite, and aim worse than Stormtroopers’, so I haven't considered them important enough to report”

Other's didn’t know, of course, but M’gann knew just how terrified Danny was during the confrontation and how echoes of that fear soured air around him even hours later.

Everyone did realize this explanation was a tone of bullshit though.

Apparently incredulous stares were enough of the response.

“You and the Justice League have more important things to deal with than some shitty local laws”

“Bullshit again,” Artemis burst her lips “This is exactly what Justice League is for”

“I already found people to help me lobby against them”

“And why aren't we on the list?”

Danny fell silent, not looking anyone in the eyes, which was quite a feat considering they had him in a half circle. M’gann considered moving to his side to show her support. Stare down like that had to be quite stressful.

Why not actually. She stepped closer, and drew him in the loose side hug. Danny tensed, which wasn't abnormal for him. He usually relaxed in about thirty seconds, if he didn't, she'd let go.

“I didn't expect them to breach the containment…”

“Each of these lies is worse, you know? Like, insulting our intelligence level of worse,” Artemis interrupted once more, pinning him with her eyes alone “Give us truth or stop talking”

Danny raised his head to look back at Artemis and mimed zipping his mouth shut and throwing the key away.

“Really?”

Boy just shrugged, not breaking eye contact.

“Alright, let's move on to the next question, how did it get approved in the first place?” Wally interrupted, waving his hand between them. They both shook off like dogs fresh out of water.

“Couldn't you wait five more seconds until I won?”

“Ha! You wish Artemis. Though you could give us a moment”

“I gave you literal ages”

Danny snorted “Sorry, I keep forgetting how impatient you are”

“Oh shut up, my brain is just faster than yours, you slowpokes”

“Sure, sure”

“He made a good point,” Kaldur said “This shouldn’t even pass. And even if, you’re legally a Meta”

“Normal ghosts aren’t and halfas being a thing is not exactly common knowledge among the living”

“I’ll never get used to this distinction”

“I believe in you, Rob”

“What about ‘Extraterrestrial, extradimensional and otherwise previously unincluded’ Optional Protocol to the ‘International Covenant on Civil and Political Rights’?”

“Oh my god Conner, you’re the only person to say the whole name ever”

“Hey!”

“It all comes down to the definition of the ghost and the fact that Alien addition uses sentience and sapience as a ground to give anyone said rights. And also, US signed it but didn’t ratify it so…”

“Isn’t it same thing?”

“Nope. I thought so too, but apparently signing anything means nothing unless it’s also ratified, so I’m kinda fucked. Can’t even get the UN to frown at them disapprovingly, because officially, nothing was agreed to. And you know, even if they ratified it, ecto-scientists conducted enough research to prove we aren’t sapient enough to have these rights anyway. Just most of the states didn’t need to make a law out of it”

“That’s rough buddy”

“Are you really quoting Avatar at me right now? Really Artemis?”

“Yes”

“Wasn’t Avatar this movie with blue people? I don’t think they said that there”

M’gann wasn’t quite sure why human members seemed to be appalled by the question.

“We’re going to fix that later-”

“What exactly is there to be fixed, because I feel like we’re talking about to different things”

“- but for now can we go back to the whole ‘ghosts have no rights in Illinois’ thing” Robin continued, completely ignoring Conner’s questions.

“Illinois, Wisconsin and Ohio. There are portals to the Zone in two of these states. GIW already tried to send nuke through one of them”

“How Americana of them,” Kaldur muttered.

“If you have another insane tidbit about them, please share it all now. My mind can’t utilize any more revelations like that”

“I handled it, don’t worry”

“Someone tried to nuke literal Afterlife…”

“Yup, get on the schedule Kid Flash. You’re supposed to be fast”

M’gann knocked her arm into his, kinda as a ‘don’t be mean’ message. Danny kinda tensed, but soon relaxed back and moved his head as if he wanted to lay it on her shoulder. Excitement of the day was clearly catching up to him.

M’gann wouldn’t be mad if he did laid his head there.

“Why do we learn about it just now?”

“I wrote the report, not my fault you haven’t read it”

“Can’t fault us for assuming we’d know every important thing from your endless bitching!”

Danny straightened and laughed, in this horrible humorless way that made M’gann want to claw at her brain until she couldn’t hear or sense any of it.

Instead, she brought her other hand up and just held him tighter.

Thankfully the whole spectacle didn’t last long.

“It’s cute that you think I bitch about anything important”

“Phantom…”

“Don’t Phantom me right now. Even if by some miracle they managed to send the missile to the Zone, it most likely wouldn’t have worked. They’re mostly just a joke.”

“They managed to shot you. Right upper arm or shoulder”

“Don’t deny it, we’ve seen you wince when I leaned on you and when M’gann hugged you”

Martian tried to let go hearing that, but Danny held her in place. She stayed where she was but carefully moved her hand away from the slightly damp area on his shirt. She suddenly caught on everything that was wrong with him, now that she knew to look for it.

“I got worse from the hand of my house’s security system”

“You… understand that it’s… like… way worse, right?”

“You don’t know life until you hear threats of dissection against your alter ego after stopping death ray with bowl of cereal,” he said, relaxing more into her side again. He sounded absolutely exhausted.

“Do you want to move in here? Until we deal with this whole GIW and assorted mess?” she said instead. Conner nodded, surprisingly eager to share the space that he considered somewhat sacred.

“Nope, I’m good, I’m needed there”

“You could Zeta- yeah, no, nevermind, it wasn’t good idea. But we could make it work”

“You still should-”

“It’s fine. I mean, I have it handled and it doesn’t affect that many people. And we’re working on it. It’s fine”

“It really is not,” Conner growled.

“You need your arm patched up” M’gann demanded, ignoring previous conversation, with eyes still fixed on the blood that stained her forearm. She should’ve destroyed at least Operative K.

“I bandaged it up”

“It soaked through then. Let’s go to med–”

Loud shrill interrupted her, because of course it did.

“Oh, look, convenient distraction! Let’s take the cookies out before they get burned!”

“We’ll talk about it tomorrow,” M’gann stated in a way that allowed no argument “You’re getting away for now only because I’m holding most of your weight right now”

“Sure we will. And I can stand on my own, thank you very much”

“I’ve heard many lies today and this might be the worst of them. We’re going to Medbay as soon as the cookies are out”

“You’ve got it boss”