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> Despite your opening sentence, you didn't disagree with OP. They certainly did. coliveira is saying a change in legal language opens up a contract to a reas
by jancsika 2y ago
> Despite your opening sentence, you didn't disagree with OP.
They certainly did.
coliveira is saying a change in legal language opens up a contract to a reasonably different interpretation in the future. And we know it's reasonable (even likely) because there are myriad historical precedents where such ambiguities were used in the past to win cases against, say, GrantMoyer's Optimized Non-Standard Legal Language Law Offices. By using standard language that specific class of ambiguity issues goes away.
On the other hand, any good faith definition of "superstitious" is a pejorative that holds the belief to be irrational. So when GrantMoyer's Optimized Non-Standard Legal Language Law Offices uses its patent-pending optimized, non-standard language in their contracts, they are throwing out all the superstitious terminology on the basis that nothing bad will actually happen as a result of doing this. (At least, aside from things like random chance or any of the other true reasons that just happen coincide with superstitious falsehoods.) That's a bad idea-- it isn't supported by historical precedent, and it is likelihood to cause predictably bad outcomes in the future.
The only mitigating factor is this weasel sentence:
"Except sometimes the superstitions are right."
But to be generous we must take that to mean only the truism that superstition sometimes coincides with things like random chance. (Otherwise it'd be like saying no one goes to a particular restaurant anymore because it's so crowded, which is funny but incoherent.)
Edit: clarifications. Also, in closing, Your Honor, I call for one of those "bad court thingies." :)
- snowfarthing 2y agoI like to use the word "superstition" to describe my attempts to prevent migraines by wearing sunglasses, eating chocolate, and avoiding orange juice. I only have vague corollaries to believe these are helpful (particularly since I don't get migraines often, as awful as it is when I get hit by one), so it's not fair to attribute any of these with certainty -- but it's also not fair to dismiss them out of hand, either. Sure, some "superstitions" are the result of random folklore, and can be ignored without consequence. (Knock on wood!) But others are the result of meme-ized facts, passed on via something that's folklorish and easy to remember to share. Thus, it is fair to use the word "superstition" to describe something you think might be harmless, but may actually have serious consequences, if ignored, after all.
- Dylan16807 2y agoI'm pretty sure "superstition" was meant more weakly and "sometimes they are right" was meant more strongly than you're interpreting it. It's irrational to think the awkward phrasing is actually better, but when you're being judged by other people sometimes they're going to enforce the bias.