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Like any profession, one reason for the existence of legal terminology is that it needs to convey things precisely in a way that is not generally necessary outs
by Mz 10y ago
Like any profession, one reason for the existence of legal terminology is that it needs to convey things precisely in a way that is not generally necessary outside the discipline. Outsides do not readily understand it because they may not have the legal frame of reference that requires certain nuanced distinctions.
It also has grown organically over a long period of time. U.S. law is a mix of a variety of legal traditions, plus historic precedent within the U.S.
Most U.S. states have legal systems that are largely rooted in English Common Law, except for Louisiana which has its roots in French legal traditions. However, it isn't as simple as that.
For example, water rights and laws in California contain competing premises, one of which is from English Common Law and one of which is not. One of these premises is "First come, first served." The other is that you aren't supposed to take so much water from the river such that you completely deprive people downstream of its use. These are both part of the law in California and they are in direct competition. California alone has a very rich history in development of water rights and laws.
From what I have read, countries that lack the sophisticated legal system such as that we enjoy in the U.S. typically have far bigger problems than what we face here with trying to parse the law.
- anonnyj 10y agoMy favorite such term is Act of God. Sounded absolutely ridiculous before I found out it had a specific meaning https://en.wikipedia.org/wiki/Act_of_God https://en.wikipedia.org/wiki/Act_of_God
- acedinlowball 10y agoWhat about the phrase "Act of God" sounds absolutely ridiculous to you?
- airbreather 10y agoI agree with your assertion regarding the need for a particular kind of preciseness, but it also well known to often be the case that jargon emerges in various professions/trades/cliques to make a "club" which favours members.
- flukus 10y agoDoes it convey things precisely though? I seems like everything is being constantly interpreted and even reinterpreted as language changes but the law doesn't. Even old stuff like the constitution of many nations are being constantly challenged. I'd like to see laws come with unit tests, "under circumstance a, b and c, person x would be at fault".
- euyyn 10y agoWhen I read the Spanish Intellectual Property Act, I was in awe at how well the law is documented. Much easier to parse than plenty of computer programs. Of course that law is a couple decades old, not a couple centuries.
- Someone 10y agoEvery single sentence by a judge or jury is a unit test (which may have bugs itself that get corrected by higher courts)
- benchaney 10y agoNo, a sentence by a judge or jury is running the program in the wild. A unit test would be a hypothetical scenario that documents the intent of the lawmaker.
- ahartman00 10y ago"I seems like everything is being constantly interpreted and even reinterpreted as language changes but the law doesn't" I don't think it's so much language changes as society changes. Social norms and taboos change. Technology changes. It's like how code needs maintenance because it breaks. The world is changing. This is a feature not a bug. Hypothetical example. Lets say there were noise regulations designed before electricity. But once you have electricity, now people have loud speakers. How do we interpret the law? Does the existing law really work? "I'd like to see laws come with unit tests, "under circumstance a, b and c, person x would be at fault"" This is pretty much exactly what they do. Look at all the sub sections spelling everything out exactly. It is as precise as can be. https://docs.legis.wisconsin.gov/statutes/statutes/939/III/48 https://docs.legis.wisconsin.gov/statutes/statutes/939/III/4...