Skip to main content

The BUSKLAW July Newsletter: Addendum to the Moral Imperative of Plain Language: The Judeo-Christian Imperative


(Note: you may want to stop here if you aren't a spiritual person in the Judeo-Christian tradition.) 

As an introduction to this post, I'll share my religious background. I was brought up in the Protestant tradition with the Dutch Reformed twist. But when friends ask me what I really believe in, I hedge my bets based on:
  • I went to Hope College, affiliated with the Reformed Church in America. 
  • I went to Notre Dame Law School, a respected Catholic institution.
  • I'm a quarter Jewish and was cared for by a fairly authentic Jewish mom (who was thankfully tempered by my 100% Danish father). 
So at the pearly gates, I'll show Saint Peter (or whoever) the three Protestant-Catholic-Jew entry tickets reflecting this background, and hopefully one (or more) will allow passage. 

So now that I've disclosed my broad-minded belief system, here's my thesis: using plain language furthers the Christian and Jewish faiths. 

Contemporary Christian evangelist Rob Bell talks about ways in which Christians can echo Christ's resurrection in this video. At 2:02 in the piece, he describes that every "fair and honest act in business and trade...belong to God's good world." We've already seen how the twin evils of legalese and bureaucratese distort what is fair and honest in our society. So avoiding them furthers God's plans for his creation and enables us to advance to a higher state of awareness. 

On the Jewish side, many Jews practice tikkun olam (literally "repair of the world"), an aspiration to behave and act constructively and beneficially. As the Wiki states: "It's the idea that Jews bear responsibility not only for their own moral, spiritual, and material welfare but also for the welfare of society at large. To the ears of contemporary pluralistic Rabbis, the term connotes 'the establishment of Godly qualities throughout the world'." This goal is hardly different than what Rob Bell is talking about! Go figure. 

Regarding contract language, it's well-established that God and the Devil love contracts. We have God's contract with Abraham in the Old Testament, and the various contracts for souls proffered by the Devil. While the former is written in plain language, the latter assuredly is not, if only because it's impossible to cover all the loopholes of soul forfeiture, so the Devil uses obfuscation to hide that fact. 

What words flow from your keyboard, and how are they structured? Are you stuck in the mire of gobbledygook? Or is your business and legal writing clear and concise and so advances God's purpose in a small yet meaningful way?  

Comments

Popular posts from this blog

The BUSKLAW Halloween 2022 Post: Stephen King's Asides on Poor Writing in Fairy Tale

  Having just read  Stephen King's Fairy Tale in time for Halloween, it's appropriate to examine his asides on poor writing included in the book. (BTW, Fairy Tale is a good read with King's typical well-executed character development, plot, and a great finish to the story. But you have like the whole Grimm fairy tale genre before you read his take on it.)  Stephen King doesn't tolerate anything less than crisp prose. When the story's hero, Charlie Reade, tries to read a book about the origins of fantasy and its place in the world matrix ("what a mouthful"), he can only scan it because: It was everything I hated about what I thought of as "hoity-toity" academic writing, full of five-dollar words and tortured syntax. Maybe that's intellectual laziness on my part, but maybe not. Later on, Charlie tries to focus on a particular chapter in the "origins of fantasy" book about the story of Jack and the Beanstalk but is put off by "t...

The BUSKLAW May Newsletter: The Foolhardy Practice of Using Faux Terms of Art in Your Contracts

  Most lawyers draft contracts. That's what lawyers do. And they use perceived terms of art ("TOAs") because they want to be paragons of contract-drafting precision. But here is where the canker gnaws:  the words that lawyers insert in their contracts as TOAs are actually not, potentially causing problems in clarity and interpretation. And as I've said time and again, these problems lead to disputes, and disputes lead to litigation, which is always time-consuming and expensive for the parties involved.  Let's first define TOAs in the legal context. According to Professor Bryan Garner in his Dictionary of Legal Usage , TOAs have specific, precise meanings that are "locked tight" and based on legal precedent. But then there are the faux TOAs, "whose meanings are often unhinged." Expert contract drafters, Garner says, know that clear, simple drafting is less subject to misinterpretation than using TOAs that are nothing more than "mere jargon....

The BUSKLAW May Newsletter: Another Trump NDA Bites the Dust!

  In my August 2020 newsletter, we discussed lessons from the New York Supreme Court's rejection of the Trump family NDA. Drafting lesson #1 is the need to specifically describe the information covered by the NDA rather than vague references.  Unfortunately for Trump, this lesson wasn't learned, as evidenced by a recent New York U.S. District Court decision in the case of  J essica Denson v Donald J. Trump for President, Inc.   Plaintiff Denson was employed as a national phone bank administrator for the 2016 Trump campaign. Before she was hired, she signed the standard Trump employment contract containing broad non-disclosure and non-disparagement provisions. Confidential Information was defined as: ...all information (whether or not embodied in any media) of a private, proprietary or confidential nature or that Mr. Trump insists remain private or confidential, including, but not limited to, any information with respect to the personal life, political affairs, and/o...