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Common Vices in Legal Writing and Translation

“To avoid nudity, the back-handed passive is almost obligatory: ‘It is suggested-,’ ‘It is proposed-,’ ‘It would seem-.’ Whether the writers really suppose that such constructions clothe them in anonymity so that people can not guess who is suggesting and who is proposing, I do not know. I do know that such forms frequently lead to the kind of sentence that looks as though it had been translated from the German by someone with a rather meager knowledge of English.” (Fred Rodell, Yale Law School)

As lawyer-linguists and translators, we’ve all had to suffer through circumlocution and stylistic weakness. We’ve all scratched our heads wondering what, if anything, the primary drafter intended to say, and more importantly, how, if at all, we can capture the intended message in the target language.

In an attempt to sound serious and dignified, most legal drafters resort to the same vices. And, what’s worse, in an attempt to...

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