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Even laypeople use legalese.

Eric Martínez1, Francis Mollica2, Edward Gibson3

  • 1University of Chicago Law School, Chicago, IL 60637.

Proceedings of the National Academy of Sciences of the United States of America
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PubMed
Summary
This summary is machine-generated.

Legal writing is unnecessarily complex. Studies show complex sentence structures in laws, not from editing, but from a "magic spell" effect where writers intentionally use convoluted language to convey authority, hindering comprehension.

Keywords:
empirical legal studiesexperimental jurisprudencelawlaw and cognitionpsycholinguistics

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Area of Science:

  • Linguistic analysis
  • Cognitive science
  • Legal studies

Background:

  • Legal documents are expected to be comprehensible, yet are often difficult for legal professionals and the public to understand.
  • Previous research indicates legal texts contain higher rates of complex syntactic structures compared to other genres.

Purpose of the Study:

  • To analyze the complexity of legal language and investigate the origins of complex syntactic structures in legal documents.
  • To test the 'magic spell hypothesis' versus the 'copy-and-edit hypothesis' regarding the generation of legal complexity.

Main Methods:

  • Corpus analysis of 59 million words of legal texts compared to six baseline English genres.
  • Two preregistered text generation experiments with 286 participants to test hypotheses on legal writing.

Main Results:

  • Replicated and extended findings of significantly higher syntactic complexity in legal texts.
  • Evidence supports the 'magic spell hypothesis': writers used more complex language for official laws than unofficial legal texts.
  • No evidence found for the 'copy-and-edit hypothesis'; editing did not increase complexity compared to original writing.

Conclusions:

  • Legal complexity may stem from its performative nature, using complex structures to signal authority at the expense of reader comprehension.
  • Law appears to be an exception to the general linguistic trend towards communicative efficiency.
  • Simplifying legal language is feasible without compromising communicative content, addressing the tension between law's ubiquity and impenetrability.