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Modern Legal Drafting

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Modern Legal Drafting
By
Peter Butt, Richard Castle
Description
In the second edition of this highly
regarded text, the authors show how and why traditional legal
language has developed the peculiar characteristics that make legal
documents inaccessible to the end users. Incorporating recent
research and case law, the book provides a critical examination of
case law and the rules of interpretation. Detailed case studies
illustrate how obtuse or outdated words, phrases and concepts can be
rewritten, reworked or removed altogether. Particularly useful is the
step-by-step guide to drafting in the modern style, using examples
from four types of common legal documents: leases, company
constitutions, wills and conveyances. Readers will gain an
appreciation of the historical influences on drafting practice and
the use of legal terminology. They will learn about the current moves
to reform legal language, and receive clear instruction on how to
make their writing clearer and their legal documents more useful.
• This new edition incorporates
recent research and case law, emphasising the benefits of drafting in
plain language and confirming the ‘safety’ of its use •
This book is more than a ‘how-to’ guide: it explores the
reasons for the current parlous state of legal drafting, as well as
providing guidance on how to draft well • This book draws on
authorities and research from many countries, to show that its
recommendations can be implemented in any country where English is
the language of the law
Contents
Introduction; 1. What influences the
legal drafter; 2. How legal documents are interpreted; 3. The move
towards Modern English in legal drafting; 4. Some benefits of
drafting in plain English; 5. What to avoid when drafting modern
documents; 6. How to draft modern documents; 7. Using the modern
style; Further reading.
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