'The Illusion of Plain English in Legal Contexts'

Daniel Greenberg, Office of Parliamentary Counsel

The value of 'plain English' is often assumed. Of course, legal documents should be as clear and simple as possible, for various reasons. The use of plain English can assist in that, but one soon arrives at concepts that are beyond its reach; to stretch it beyond its natural capabilities can create a dangerously misleading illusion that the reader has understood more than he or she actually has. The emphasis should therefore be on appropriate English rather than 'plain' English; always remembering that, like the American and British peoples, law and conversation are two enterprises divided by a common language.