[hristov]

Litigation is very much adversarial. True your arguments are aimed at a judge, but another party is free to attack them and misinterpret them. Thus, there is still an intentional desire to misinterpret your arguments.

Court opinions are not technically adversarial, but the same issues apply. It is virtually guaranteed that other parties down the line will try to misinterpret court opinions to get a judgement they are not entitled to.

It is true that journals are probably not subject to active intentional misinterpretation, but people that write legal journals are already lawyers and thus are already trained in that particular adversarial style of writing.