(7)
Generally use active rather than passive voice, unless you deliberately
want to hide the actor.
(8)
Generally use a verb rather than a noun. For example say “assume”
rather than “make an assumption”.
When using verbs avoid the verb "to be"
which lacks force. Instead use another verb.
(9)
Use intelligent variation where possible, for example
of the
length of
sentence and choice of words.
(10)
Use “creative expression, common sense and human understanding”.
212
Stressing the Important Idea
Try to make the most important idea stand out. One way to do this is to end
the sentence with the most important idea. This can affect placement of
clauses. So, in a sentence of two or more clauses, conclude with the
clause
stating the main idea. For example, when seeking to emphasise eventualities as
opposed to causes, do not structure a sentence in this form: “X did Y because
of Z”. Say instead: “Because of Z, X did Y”.
Plain English
Simplex munditiis
213
Legal writing in all types of texts (statutes, cases, textbooks and articles being
the main ones) is distinguished by its frequent use of unnecessarily long
complicated sentences. In consequence, the writing is cumbersome and
obscure (or full of “clumsyisms” as a colleague describes it). Indeed, this
particular failing in so much legal writing was the major cause of the pleas for,
and articles and books about, plain English in legal writing.
214
Plain English precepts direct a writer to say something as directly and simply
as possible. Its main targets are writing which uses more words than needed
and uses convoluted sentence structure, usually in long sentences with
numerous clauses. It is a reaction to the poor quality of much technical writing
that can be heavy with jargon and thick sentences but light on clear meaning.
Very rarely is convoluted prose needed or helpful. Indeed in the author’s
experience the complexity of legal texts more often stems from the writer’s
explanation of a concept than from the concept itself. John Kenneth Galbraith
(1908-2006) echoed this notion when he proclaimed: “[I]n economics [the
important thing] is to have one great truth always in mind. That is, that there
___________________
212
Sheller (1996) p 4
213
Horace Odes v 1. This translates as "simple but with such elegance”.
214
Asprey (1996), Duckworth (1996), Duckworth (1994), Eagleson
(1986A), Eagleson (1986B), Kelly (1986A), Murray (1997), Turnbull (1997)
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