Comments on: How Judges Think About Language https://languageonthemove.com/how-judges-think-about-language/ Multilingualism, Intercultural communication, Consumerism, Globalization, Gender & Identity, Migration & Social Justice, Language & Tourism Tue, 27 May 2025 10:53:24 +0000 hourly 1 https://wordpress.org/?v=6.9 By: Marie https://languageonthemove.com/how-judges-think-about-language/#comment-115456 Tue, 27 May 2025 10:53:24 +0000 https://www.languageonthemove.com/?p=26127#comment-115456 Very interesting to read the judges’ reflections and to see how they – without knowledge of linguistic theory – form opinions on legal literacy.

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By: Alexandra https://languageonthemove.com/how-judges-think-about-language/#comment-115439 Tue, 27 May 2025 03:18:38 +0000 https://www.languageonthemove.com/?p=26127#comment-115439 Reposting a useful comment about this blog from our enthusiastic discussion of it on the Law and Linguistics Interdisciplinary Research Network’s listserv, from Prof Helen Fraser at the University of Melbourne:

for those interested in this topic, we had a great seminar in the Research Hub for Language in Forensic Evidence last year from Dr Frank Mollica. It was based on the paper below. You can find this and more of Frank’s publications at:
https://mollicaf.github.io/publication/

Even lawyers do not like legalese​ by Frank Mollica (in Proceedings of the National Academy of Science)
Across modern civilization, societal norms and rules are established and communicated largely in the form of written laws. Despite their prevalence and importance, legal documents have long been widely acknowledged to be difficult to understand by those who are required to comply with them (i.e. everyone). Why? Across two pre-registered experiments, we evaluated five hypotheses for why lawyers write in a complex manner. Experiment 1 revealed that lawyers, like laypeople, were less able to recall and comprehend legal content drafted in a complex “legalese” register than content of equivalent meaning drafted in a simplified register. Experiment 2 revealed that lawyers rated simplified contracts as equally enforceable as legalese contracts, and rated simplified contracts as preferable to legalese contracts on several dimensions–including overall quality, appropriateness of style, and likelihood of being signed by a client. These results suggest that lawyers who write in a convoluted manner do so as a matter of convenience and tradition as opposed to an outright preference, and that simplifying legal documents would be both tractable and beneficial for lawyers and non-lawyers alike.
http://tedlab.mit.edu/tedlab_website/researchpapers/martinez_mollica_gibson_2023.pdf

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By: Amy https://languageonthemove.com/how-judges-think-about-language/#comment-115159 Thu, 22 May 2025 04:35:28 +0000 https://www.languageonthemove.com/?p=26127#comment-115159 Great to see a young legal scholar engaging with this important topic! A good read.

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By: Feek https://languageonthemove.com/how-judges-think-about-language/#comment-115071 Tue, 20 May 2025 07:09:55 +0000 https://www.languageonthemove.com/?p=26127#comment-115071 Great read, thank you Allegra!

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