documents as precedents in a central depository to enable lawyers in the firm
to access them when required.
Discussion of Writing Law
To explain legal writing, this text presents a broad model for writing, and
encompasses within it the task of writing law.
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This broad model constitutes a
model for technical writing (as distinct from creative writing). While this
general model applies to any technical writing, it needs to be adapted in parts
to cater for specific disciplines, such as law, in three ways.
First, there is vocabulary. Each discipline has its own terms, which often have
a special meaning for the discipline.
Second, there is formatting. Some disciplines have special requirements for
formatting writing. For example, in many of the sciences there is a requirement
that an article in a journal have an abstract, or that a particular system of
citation or referencing be used such as the APA system.
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Third, for the content to be right, writing should have a coherent overall
structure, showing an ordered sequence of ideas or a logical flow argument.
While this requirement applies to all writing, the nature of the content differs
both between and within disciplines. The structure of legal writing is
determined in most cases by various models that are used for working with
law –
the model for organising law, the model for legal reasoning and the
model for using law.
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These are used in whole or in part, and on their own, or
in combination with other types of structures. They are outlined in later
discussion.
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Summary
Introduction
Because of their complexity,
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many people including both lawyers and non-
lawyers have long regarded legal texts as difficult both to read
45
and to write.
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Consonant with this, there is a view that it is difficult to instruct others in how
___________________
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For discussion of other approaches to writing see Eagleson (1986A),
Eagleson (1986B), Edmund (1992)
41
APA is the abbreviation for the American Psychological Association.
42
Chapter 4 Legal Structure of a Text
43
Chapter 4 Legal Structure of a Text
44
Wilson (1974)
45
Lyons (1977), Davies (1987)
46
Murumba (1991), Stark (1984), Rodell (1936-37)
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