When someone's freedom is at stake

then a comma in the wrong place can matter. Yes, legal language does need to be that precise. Writing legislation is quite possibly one of the most difficult things which needs to be done in law.

I have never actually had to do it. I doubt very much I could. My mind simply does not work that way. I have, in a very small way been involved in the process of trying to decide what the law should try to do. That was hard enough and I have no desire to repeat the experience. (It was the "equal opportunity" legislation for this state. I also sat on the tribunal for a while - another experience I did not enjoy.)

The need for precise language came up again after my blog post yesterday. "Really Cat! Does it matter that much?" I was asked. I said "Yes, it does."

We misunderstand things far too often. We have arguments with other people because we misunderstand intentions or directions or consequences. Much of that has to do with language.

Law students are required to do an enormous amount of reading, most of it is in the very legal language used by judges. It rarely makes for amusing reading.  

In my first week at law school I complained (hopefully in a nice sort of way) to my first year tutor that my reading speed had dropped by about half. I knew why of course. The language I was reading was different. Yes, it was supposedly English but it was legal English and it was very different from everyday English. 

My tutor, a lovely person, smiled. She asked me what my usual reading speed was. I told her. She smiled again and told me I was doing very well. The undergraduates were much slower. She also assured me that I would likely soon be a good deal faster but some of the undergraduates would always struggle. Again she was right. I did get fast, a lot faster but I never reached the level of someone like the Professor of Commonwealth Constitutional Law who seemed to merely glance at a page and understand it.  No, I did not expect to do that.

In my second year at Law School I took on the responsibility for a group of students for whom English was a second language. It was a challenge. It also taught me more than I suspect I taught them. They were students whose English was perfectly adequate for every day purposes but legal language was a struggle. Understanding it was difficult enough. Writing it was even more difficult. 

We were given examples of what happened when language was not used in a very precise way. It was not simply the words used but the way they were used. I write this blog straight off without revising it. There are undoubtedly "split infinitives" and other grammatical errors everywhere. I try to write it as if I was simply talking. Doing anything else would take too much time. It is a daily mental exercise for me. Nobody is likely to die because I put a comma in the wrong place but it mattered when we had the death penalty. A comma in the wrong place could still incarcerate an innocent person or let a guilty one go free. 

Such problems can begin with the reports written by police too. It is why it is important for police to have the skills to spell and write reports. Someone else's freedom may depend on it.