[jhbadger]

Exactly. Legal language is basically a programming language for lawyers. It isn't reasonable to expect a non lawyer to understand it any more than to expect a non-coder to understand source code. Even most politicians keep staff to do the actual reading of bills.

[stult]

That's not true at all. Modern legal education has focused on plain English drafting and avoidance of arcane jargon precisely to make legal documents comprehensible to non-specialists. There are almost no situations where legal drafting requires use of jargon. Jargon is pretty much only necessary where the domain requires use of jargon. Contracts are meant to be followed by the parties, and if the parties can't understand the terms of the contract because of obscure drafting, they can't abide by the terms.

Also legal language is in no way a programming language. And I would know, I'm a lawyer and a software engineer. It would actually be a dramatic improvement if lawyers were more consistent in their use of terms of art, but in practice there are very few terms of art that aren't either in general use or easily understood with a brief definition, and none are defined with anything like the precision or consistency of a programming language.

[ludicrousdispla]

"comprising" and "consisting of" have very different meanings in patent law, but I expect most people would consider them synonymous.

[jhbadger]

I think you overestimate how much the average person can understand opaque jargon like "party of the first part". I'm sure good legal writing can avoid these things, but often (such as in the licenses people are theoretically supposed to click on that they have read and agree to for software), the opaqueness is the point -- they don't really want the user to understand what they are agreeing to.

[ipsento606]

> It isn't reasonable to expect a non lawyer to understand it

A closing argument - the specific example the parent comment used - is made to the jury. It is intended to persuade the jury. If the jury can't understand it, something has gone very wrong.

[ngriffiths]

It is not written though