Legal documents are often notorious for their complexity, making them difficult to understand even for professionals in the field. This raises a significant question: Why are these documents written in a style that is so impenetrable? A recent study by cognitive scientists at MIT suggests that the convoluted language of legalese might serve a specific purpose, much like the arcane language of “magic spells.”
Their research, which is set to be published in the Proceedings of the National Academy of Sciences, reveals that the language used in legal documents may be a deliberate choice to convey authority.
A DELIBERATE STYLISTIC CHOICE?
The study suggests that the complex language used in legal documents, often referred to as legalese, functions similarly to the way magic spells are crafted in literature. Just as magic spells use special rhymes and archaic terms to signal their power, the convoluted style of legalese appears to be a signal of authority and seriousness. Edward Gibson, an MIT professor of brain and cognitive sciences and the senior author of the study, explains that people inherently understand that laws should sound a certain way, and this understanding influences how they write legal texts.
RESEARCH METHODOLOGY
In the study, around 200 non-lawyers were asked to write two types of texts: laws prohibiting various crimes and stories about those crimes. The researchers found that participants used complex, centre-embedded clauses when writing laws, but not when writing stories. This suggests that people instinctively switch to a more formal and convoluted style when writing legal texts, even when they are not professionals in the field.
THE “COPY AND EDIT” HYPOTHESIS
Before arriving at their conclusions, the researchers considered another possible explanation for the prevalence of legalese, known as the “copy and edit hypothesis.” This theory suggests that legal documents start simple and become more complex as additional clauses and definitions are added over time. However, the study’s findings did not support this hypothesis. Participants consistently used complex language when writing laws, regardless of whether they were asked to add information later or write the text in one go.
IMPACT ON LAWYERS AND LAYPEOPLE
Previous studies by the same research group revealed that even lawyers find legalese difficult to understand. In a 2023 study, they found that legal professionals preferred plain English versions of legal documents and considered them just as enforceable as traditional legal texts. This finding suggests that the complexity of legal language is not necessarily a requirement for its effectiveness but may instead be a relic of tradition or a signal of authority.
HISTORICAL ROOTS OF LEGALESE
The origins of legalese might lie in the early development of legal systems. Early American laws were based on British law, and the researchers plan to investigate whether similar linguistic patterns are found in historical British laws. They also aim to study ancient legal codes, such as the Hammurabi Code, to determine whether these complex grammatical structures have been a part of legal language for millennia.
MOVING TOWARD SIMPLER LEGAL LANGUAGE
Efforts to simplify legal language have been ongoing since at least the 1970s when President Richard Nixon called for federal regulations to be written in “layman’s terms.” Despite these efforts, legal language has remained largely unchanged. However, the recent MIT study sheds light on specific aspects of legal language that make it difficult to understand, offering hope that future legal documents might become more accessible.
The study by MIT cognitive scientists offers a fascinating insight into why legal language remains so complex. By comparing legalese to the language of magic spells, the researchers suggest that this convoluted style serves to convey authority and seriousness. While legal professionals and laypeople alike may struggle with the intricacies of legal documents, understanding the purpose behind this language could pave the way for reforms that make the law more accessible to everyone.