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Aug 22, 2011
BOOK REVIEW
GARNER’S DICTIONARY OF LEGAL USAGE Third Edition
Editor: Bryan A. Garner
ISBN: 978 0 19 538420 8
Oxford University Press
www.oup.com
A PARADIGM FOR GUIDANCE
ON LEGAL WRITING
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It
is ironic, is it not, that ‘legal language’ quite often seems opaque
and all too often is so; unfortunate too, as the law is based on words,
forms of words, meanings of words and their interpretation, connotation
and usage. One
BOOK REVIEW
GARNER’S DICTIONARY OF LEGAL USAGE Third Edition
Editor: Bryan A. Garner
ISBN: 978 0 19 538420 8
Oxford University Press
www.oup.com
A PARADIGM FOR GUIDANCE
ON LEGAL WRITING
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It
is ironic, is it not, that ‘legal language’ quite often seems opaque
and all too often is so; unfortunate too, as the law is based on words,
forms of words, meanings of words and their interpretation, connotation
and usage. One wonders how often cases have been initiated, then won or
lost because someone or other has misconstrued or misinterpreted some
word or other – or some phrase or other.
If you’re a lawyer,
legal scholar, student, or generally someone who is fascinated by the
power of language and who seeks to speak and write with clarity,
precision and force, Garner’s Dictionary of Legal Usage is the resource
for you. Here it is from the Oxford University Press in a new enlarged
and updated third edition and a remarkable work of lexicography it is.
But
it’s not just a dictionary. It also functions as an authoritative guide
to style, grammar and usage. As you look up each word, you are offered
not just a definition, but a discussion of its significance, its
origins, indeed all its aspects pertaining to law, complete with
meticulously cited sources.
Prolifically and painstakingly (and
often entertainingly) the learned editor, Bryan A Garner,
internationally acknowledged as a top authority on legal usage, seeks to
blow away the cobwebs of complexity and confusion which may surround
any number of terms.
‘Testatorial, testorial, testatory’ is an
example. What’s the difference? What is the most common form? Is there a
reference to the OED? Look these up if you wish to know. You’ll find
them just before the word ‘testatrix’, which the editor quite rightly
has a down on. ‘This word is useless,’ he growls. ‘testator quite
properly referring to men and women alike. See SEXISM.’ Well – you’ve
been told, haven’t you? And you have been referred onward toward further
research as well.
It’s a comprehensive, erudite and easy to use
resource which lawyers and laymen alike will find invaluable. Synonyms,
for example, are precisely differentiated and defined and such areas of
law as immigration, intellectual property are discussed in the clear
light of day. Ooops… we shouldn’t have said that! Garner and his team
have provided a pungent entry on the matter of clichés and overused
words which ideally we must avoid, although some of our pet hates have
been left out like ‘iconic’ and ‘going forward.’ These will no doubt
surface in the next edition!
Usefully, the orientation of this
dictionary (of almost 1,000 pages) is transatlantic. So whether your
practice is in the UK or North America, this is certainly an
indispensable guide to writing or editing legal documents, books or
articles with enhanced clarity, accuracy and style. The publication date
is July 2011.
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