Law College, Goa.
Year 2003
1st year
6 months into college, and my classmates were speaking this strange legal language. Worst, they seemed comfortable speaking that language.
Any intellectually stimulating conversations were to be made by throwing in these complex heavy legal words.
I know am not a genius, what I also know is that I was never born dumb!
These people, who chose to make normal conversations in legal language appeared to be smarter, wittier and above all more intelligent. What I could never understand was , why do you need to show off something you know you already have? If you are intelligent, you are intelligent, you don't have to throw your weight around everyone near you. In fact, the genius lies in making complex things simpler, not the other way round.
Unfortunately, The story of making things complex by using complex words when you can use simpler language doesn't stop at Law college or the legal system.
B'lore
2009
when I stepped into the engineering community, I heard some of them talk the technical language in day to day conversations. I was lost again.
But the difference is, law is meant to be for the society, to help the society, to uplift it, to protect it. Engineers can afford to use technical language because they mainly deal with their kind of people, but laws are meant for everyone, so it better be simple enough for everyone to understand.
B'lore
2010
I stepped into the financial community, the same problem followed me here!
At a closer look I understand that the whole complex language use starts with mainly,the laws. In law college of course it were the legal documents , in finance too, it's the law which screws your understanding. The language of the tax laws, SEBI, FEMA, not only require the knowledge of legal language and its interpretation but also a very sound financial knowledge. I wonder, does everyone using these laws, which includes the common man, have the level of legal and financial knowledge required to understand these laws which are primarily made for them?
Take the example of the tax laws, all of us pay taxes, how many of us understand the language in which the laws are written? It's complex and not understandable. In the process of being precise ,articulate and clear, we are highly compromising on simplicity which completes the cycle of understanding.
Take the example of most public documents, your day to day rental agreements, contracts, sale deeds, all these documents use such complex language, that by the time you are done reading the whole document, you are :
A. Exhausted.
B. Not understood anything.
C. Confused!!
After having learnt the law for 5 years, I still don't understand clearly what a document is trying to say. You don't believe me, take a look at these statements:
ARBITRATION CLAUSE IN BUILDING AGREEMENT
I think it's time we follow the KISS campaign. "KEEP IT SHORT & SIMPLE!" It's time we don't get bullied by these user's of such complex language and ask them to simplify it and make us understand what they mean. And ask as many questions till you get the whole meaning and nothing less. If each one of us follows this rule, I bet more than half the users of this language won't be able to simplify it for us. Why? Because they haven't understood it themselves! Most of them memorise the format, because there really isn't any other way of doing it.
Okay I understand we got our legal system from the Britishers, and we have tried to work our lives according to their language till now. But isn't it time we take some effort to simplify the language so that our people understand it?
Isn't it the right of every citizen of this country to understand the law of the land?
Do you know there is a presumption of knowledge of the law of the land, and you cannot plead innocent for not knowing the law? In other words, "ignorance of law is not an excuse before a court of law." Which means 95% of us who find it difficult to understand the legal language have got screwed, are being screwed or will get screwed sooner or later!
What the government or the judiciary should do , is take up a campaign to simplify all laws.
What all of us can do?
Any other suggestions, comments, viewpoints are welcome.
Year 2003
1st year
6 months into college, and my classmates were speaking this strange legal language. Worst, they seemed comfortable speaking that language.
Any intellectually stimulating conversations were to be made by throwing in these complex heavy legal words.
I know am not a genius, what I also know is that I was never born dumb!
These people, who chose to make normal conversations in legal language appeared to be smarter, wittier and above all more intelligent. What I could never understand was , why do you need to show off something you know you already have? If you are intelligent, you are intelligent, you don't have to throw your weight around everyone near you. In fact, the genius lies in making complex things simpler, not the other way round.
Unfortunately, The story of making things complex by using complex words when you can use simpler language doesn't stop at Law college or the legal system.
B'lore
2009
when I stepped into the engineering community, I heard some of them talk the technical language in day to day conversations. I was lost again.
But the difference is, law is meant to be for the society, to help the society, to uplift it, to protect it. Engineers can afford to use technical language because they mainly deal with their kind of people, but laws are meant for everyone, so it better be simple enough for everyone to understand.
B'lore
2010
I stepped into the financial community, the same problem followed me here!
At a closer look I understand that the whole complex language use starts with mainly,the laws. In law college of course it were the legal documents , in finance too, it's the law which screws your understanding. The language of the tax laws, SEBI, FEMA, not only require the knowledge of legal language and its interpretation but also a very sound financial knowledge. I wonder, does everyone using these laws, which includes the common man, have the level of legal and financial knowledge required to understand these laws which are primarily made for them?
Take the example of the tax laws, all of us pay taxes, how many of us understand the language in which the laws are written? It's complex and not understandable. In the process of being precise ,articulate and clear, we are highly compromising on simplicity which completes the cycle of understanding.
Take the example of most public documents, your day to day rental agreements, contracts, sale deeds, all these documents use such complex language, that by the time you are done reading the whole document, you are :
A. Exhausted.
B. Not understood anything.
C. Confused!!
After having learnt the law for 5 years, I still don't understand clearly what a document is trying to say. You don't believe me, take a look at these statements:
ARBITRATION CLAUSE IN BUILDING AGREEMENT
“In case any dispute should arise between
the owner and the contractor, whether in respect of daily in supply of
materials by the owner or delay in execution of work by the contractor,
or the quality of the materials so supplied or the quality of the work
done or in respect of decorations or alterations suggested or made or
extra work required to be done and so executed or not, or in respect or
measurements or work done or required to be done, or demand and payment
for part or whole of the work done or not done or dealy or refusal in
grant of architect’s certificate by the Engineer or its correctness or
touching the interpretation, fulfilment or breach of any of the terms of
these presents or in respect of deductions to be made or extra payments
to be recovered for work improperly done or not executed or in respect
of work got done through another contractor for default or breach or
non-completion of work agreed to be done under the particulars and for
assessment of the value thereof and fixation of liability for the same
between the parties hereof or in respect of any act or omission arising
out of the performance of non-performance or the obligations or duties
pursuant to these presents, the said dispute or disputes shall be
referred to the arbitration and final award of a single arbitrator if
the parties agree thereto in writing (failing which to the arbitration
of an arbitrator to be appointed by the President of the Institute of
Engineers ) (or failing which to the arbitration of the municipal or
corporation engineer or any competent engineer or architect nominated by
him in writing ) on a reference made to him by any of the parties by
notice in writing , a copy whereof will be served on the other party at
the address mentioned above or such other address as may be notified by
that other party sent by registered post. The arbitrator shall be
entitles to proceed ex parte after notifying the parties by a reasonable
notice as to the time and place therefor. The arbitrator shall also be
entitled to associate with himself a surveyor, if necessary at his
discretion. The arbitrator shall have power to reopen and revise any
certificate granted by the architect engineer under these present.”
This and other documents like these are supposed to be creating rights, duties, and responsibilities! No wonder we have so much litigation pending in our courts.
When we understand these complex documents then we proceed to act accordingly. I bet not more than 5% of the population of India understands this language and this format of a public document! If 95% of us are struggling to understand the public documents, then I want to know for whom they are made??
I think it's time we follow the KISS campaign. "KEEP IT SHORT & SIMPLE!" It's time we don't get bullied by these user's of such complex language and ask them to simplify it and make us understand what they mean. And ask as many questions till you get the whole meaning and nothing less. If each one of us follows this rule, I bet more than half the users of this language won't be able to simplify it for us. Why? Because they haven't understood it themselves! Most of them memorise the format, because there really isn't any other way of doing it.
Okay I understand we got our legal system from the Britishers, and we have tried to work our lives according to their language till now. But isn't it time we take some effort to simplify the language so that our people understand it?
Isn't it the right of every citizen of this country to understand the law of the land?
Do you know there is a presumption of knowledge of the law of the land, and you cannot plead innocent for not knowing the law? In other words, "ignorance of law is not an excuse before a court of law." Which means 95% of us who find it difficult to understand the legal language have got screwed, are being screwed or will get screwed sooner or later!
What the government or the judiciary should do , is take up a campaign to simplify all laws.
- print and distribute them at a very low cost ,
- published in all regional languages.
What all of us can do?
- If we are making a legal document or any public document: If it's long, summarise it in point format 1st, covering all the important aspects.
- Use short sentences, simple words.
- Read and write to be understood.
Any other suggestions, comments, viewpoints are welcome.
