3 ms·
A distinction should be made between legal jargon (witnesseth, to wit) and legalese, which is often relatively plain English that I find is intended to obscure
by projektfu 4y ago
A distinction should be made between legal jargon (witnesseth, to wit) and legalese, which is often relatively plain English that I find is intended to obscure the point in a way that favors the drafter. Doing things like referencing other parts of the contract to avoid clearly stating something the other side might take issue with.
Another aspect of legalese is to make reading difficult so that people give up and sign to make it go away. It doesn't stymie other lawyers and, when there's two in the room, they often state things clearly because they respect each other. They just don't respect the rubes.
Finally, a lot of it is found in contracts with a large power differential. I was just perusing the Wal-Mart online terms of service and they're basically disclaiming all responsibility for the company and making it hard to sue them. But most people want their item so they will accept the terms. Personally, I'm thinking twice about buying online now. In stores, the law applies.