Term lesson
Transforming
English for special purposes
into English for general purposes
Preliminaries
An introduction to the plain language movement
• USA 1970s
Plain language v. legalese
• Aims
– simplify legal documents
– protect the consumer
• insurance contracts
• Modify the communicative function of legal documents
Some principles: US styleguide
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Use ordinary words rather than legal terms
Get rid of obsolete, Latin expressions
Use the active rather than passive voice
Use positive formulations rather than negative
Use short sentences
Use linking words
Keep the complement close to its verb
Limit the use of shall…
An example of US rewriting
• Initial version
Sec. 182. Notice to an insurer of a transfer or bequest thereof is not
necessary to preserve the validity of a policy of insurance upon life
or health, unless thereby expressly required.
• Plain English version
Sec. 182. Even though the insurer is unaware that the insured has
passed his life insurance policy on to another person, or has gifted
it to another person by naming him in his will (just as mentioned
above), the life or health insurance contract remains valid – except
if it clearly states that it is necessary to inform the insurer.
Plain language
in other English-speaking
countries
Australia
– Legislation thus drafted since 1980s
– Australian Parliamentary Counsel
• Plain English Manual, www.opc.gov.au
shall is abolished!
Plain English in the UK
– Renton Commission 1973 : legislative texts
– 1990s : Tax Law Rewrite project
– 1998 : UK Civil Procedures in plain language
– 2006 : Scottish Parliament
• Plain language and legislation
Preparing for the exercise
• Aim : to explain to a non specialist
– Try to explain as much as possible
• even the detail
– No holds barred !
• If you need twice as many words, use them!
• ‘ Not being an English-speaker… ’
– English speakers would have the same
difficulty – terms need special learning.
• The aim is clarity, not idiomaticity.
‘Pas compris, pas traduit !’
• To translate or to transfer,
you must first understand the message
• Analyse the document
– Who is it addressed to?
• Who are the parties to the agreement?
– What is its function?
• What are the rights, obligations of the parties?
– What legal context is the document set in?
Textual considerations
• Introduction
– Plain language drafters also draw on the
research and insights of experts in document
design.
• They pay as much attention to fonts and white
space as they do to choice of words.
• They try to devise methods of presenting material
visually that will assist the reader to use the statute
book effectively, and with minimum effort.
http://www.opc.gov.au/plain/index.htm
Textual considerations 2
How to make the text readable ?
Colvin Duplex Rentals, Llc
LEASE AGREEMENT
PH# 255-0245
VICKI COLVIN
LOYD COLVINAGREEMENT OF LEASE MADE THIS _________ DAY OF _________________, 20____, BY COLVIN DUPLEX RENTALS,
LLC, HEREINAFTER CALLED LESSOR, AND _______________________________________________________________
HEREINAFTER CALLED LESSEE.
LESSOR DOES HEREBY RENT AND LEASE UNTO LESSEE THAT CERTAIN APARTMENT _________ LOCATED AT DEBRA
LANE RUSTON, LA. FOR A PERIOD OF _________MONTHS COMMENCING
20___ AND ENDING ON
___________________ 20____. SAID PROPERTY IS HEREIN AFTER REFERRED TO AS THE PREMISES.
AS RENTAL, LESSEE AGREES TO PAY LESSOR THE SUM OF __________DOLLARS PER MONTH, PAYABLE TO LESSOR AT P.O. BOX
271 RUSTON, LA. 71273-0271, IN ADVANCE OF THE FIRST OF EACH CALENDAR MONTH THROUGHOUT THE TERM OF THIS
LEASE, BEGINNING WITH THE COMMENCEMENT DATE OF THIS LEASE; PROVIDED, THAT IF THE COMMENCEMENT DATE OF
THIS LEASE SHALL BE OTHER THAN THE FIRST DAY OF A CALENDAR MONTH, THEN THE RENTALS FOR THE REST OF THAT
MONTH SHALL BE PRORATED FOR THE NUMBERS OF DAYS IN THAT MONTH. THE RENTALS FOR THE NEXT AND ALL
SUCCEEDING MONTHS SHALL BE DUE AND PAYABLE ON THE FIRST DAY OF EACH CALENDAR MONTH IN ADVANCE. IN THE
EVENT THAT MONTHLY RENT IS NOT PAID BY THE FIFTH DAY OF THE MONTH, THEN A 10% LATE CHARGE SHALL APPLY. IF
THE RENT IS STILL NOT PAID BY THE TENTH DAY OF THE MONTH, THEN LESSOR SHALL HAVE THE RIGHT TO DECLARE
LESSEE’S DAMAGE DEPOSIT FORFEITED AND, AT THE LESSORS OPTION, CAUSE ALL REMAINING INSTALLMENTS OF RENT
TO BECOME IMMEDIATELY DUE AND PAYABLE IN A SINGLE INSTALLMENT OR, ALTERNATIVELY, CAUSE THIS LEASE TO BE
FULLY CANCELED AND TERMINATED, WITHOUT NECESSITY OF PLACING LESSEES IN DEFAULT ON ACCOUNT OF
DELINQUENCY IN PAYMENT OF THE RENT, OR DOUBLE THE LATE FEE. SHOULD LESSOR CHOOSE TO CANCEL AND
TERMINATE THE LEASE AS PROVIDED HERE AND ABOVE, LESSEES SHALL NEVERTHELESS BE OBLIGATED TO LESSOR FOR
ANY DAMAGES SUSTAINED. IN THE EVENT LESSEES DEFAULT ON ANY TERMS OF THIS LEASE AND ARE EVICTED,
LESSESS WILL BE LIABLE FOR ANY DAMAGES SUSTAINED BY LESSOR INCLUDING, BUT NOT LIMITED TO, PROPERTY
DAMAGES, REPAIRS, AND THE LOSS OF ANY RENT DURING ANY REMAINING TERM OF THE LEASE.
Improve the layout
• i.e. transposition does not concern language alone,
but the ergonomy of the document
– This lease is made on [date]
•
•
•
•
between
Colvin Duplex Rentals, called the landlord in this contract
and
……., called the tenant.
The landlord agrees to rent the apartment
[address]
- for [ ] months
- starting on
- until….
Embedded clauses
•
All payments to be made by the Guarantor to the Bank shall be made free and clear
of and without deduction for or on account of all Taxes imposed or levied by or on
behalf of Israel or any other jurisdiction from or through which such payments are
made or any authority therein or thereof having power to tax in connection with the
performance by the Guarantor of its obligations under this Letter of Guarantee
unless the Guarantor is compelled by law to make payment subject to such
Applicable tax
•
All payments to be made by the Guarantor to the Bank shall be made free and clear
of [and without deduction
[for or on account of]
all Taxes imposed or levied
[by or on behalf of Israel or any other jurisdiction
[from or through which such payments are made
[or any authority therein or thereof having power to tax in connection with the performance by the
Guarantor of its obligations under this Letter of Guarantee]]]]]
unless the Guarantor is compelled by law to make payment subject to such
Applicable tax
transcription
• The Guarantor [explanation in a footnote] must make
payments to the Bank so that the Bank receives the
payments in full, that is free from any deductions
imposed by tax authorities (Israel, the US, or any other
jurisdiction involved in the process or on which
Guarantor relies on).
• In other words, the payment made by the Guarantor
must be free of any of the taxes referred to in this clause
as ‘applicable taxes’.
• This does not apply, however, if the Guarantor is
required by law to make payment subject to such
applicable taxes.
Terminology : the key
• Terms define special knowledge.
– Without the knowledge of terms,
it is not possible to understand a specialised
text
• Terms form a conceptual system.
– They must be defined one in relation to
another, to give access to this system.
Terminology in general dictionaries
• General language dictionaries contain much
specialised lexicon (terms)
– Many need explaining to the average person
– Some general language dictionaries define using
legal terminology
– COLVIN DUPLEX RENTALS, LLC, HEREINAFTER CALLED LESSOR,
AND____________________________________________________
HEREINAFTER CALLED LESSEE
• lessor : one that conveys property by lease
• lessee : one that holds real or personal property under a
lease (Merriam-Webster)
Explaining terms
• Adapting definitions
lessor : the person who owns a house, flat
and rents it out to someone else
lessee : the person who rents a house, flat…
• Using synonyms
lessor : the landlord, the owner
lessee : the tenant
Legal terms and turns of phrase
•
“This will be without prejudice to the rights of the
Lessor to have the flat vacated through the process of
law.
• Without prejudice (= without loss of any rights)
[…] describes a legal action […] that in no way
harms or cancels the legal rights or privileges of
a party.
Bryan A. Garner, A Dictionary of Modern Legal Usage
– without prejudice to the rights of the seller
• sous réserve des droits du vendeur
– http://www.juripole.fr/traduction-juridique/Bulletins/2007-1.php
– Dismissal without prejudice
• Not preventing refiling a suit…
ESP & EGP
• NO PETS SHALL BE ALLOWED, EVEN TEMPORARILY,
ANYWHERE ON THE LEASED PREMISES, WITHOUT THE
PRIOR WRITTEN CONSENT OF LESSORS.
• LESSEES WILL BE SUBJECT TO CHARGES, DAMAGES, AND
EVICTION PROVISIONS OF THIS LEASE IF THIS PROVISION IS
VIOLATED.
• False friends
– damage : dégâts
– damages: Monetary compensation or
indemnity for wrong or injury caused by the
violation of a legal right.
• http://nycourts.gov/lawlibraries/glossary.shtml
Semi-specialised vocabulary
• ESP and EGP are polar concepts
• It is a question of more or less specialised
• When in doubt, explain
(better to be sure than sorry)
LESSEES MAY NOT ALTER THE UTILITIES AND/OR UTILITY
SERVICES FURNISHED TO THE LEASED PREMISES IN ANY
MANNER WHATSOEVER
• utilities : define in extension
water, gas, electricity…
Regionally marked terms
duplex (US) = semi (detached) house (UK)
Finding the distinctive feature
• The lessor may lock the lessee out of an
apartment until the lesee pays delinquent
rent.
• Delinquency vs default
common feature : failure to pay
- delinquency : because of lateness
- default : because of insolvability
Microfinance Glossary
http://www.lamicrofinance.org/content/article/detail/19829
Immediate constituent analysis
• Deduce the meaning of terms not found in
glossaries
• non factory installed accessories
– Cf factory installed accessories
• factory installed options
• factory installed interfaces and files
Term banks
• revolving facility agreement =
– Revolving credit
• A credit arrangement whereby a customer
can withdraw funds or charge goods up to
a specified limit, with the credit available
automatically returning to the maximum as
payments are made.
– TERMIUM
Official sources for contested terms
• Consequential loss is the cost to the consumer of a
problem with goods or services.
– It is usually financial but can include other costs, such as lost
time or productivity.
– A consumer can claim compensation from a supplier or
manufacturer for consequential loss when goods or services fail
to meet one or more of the consumer guarantees.
– A consumer can apply to you directly for compensation for
consequential loss. If you decline or an agreement cannot be
negotiated, the consumer can take the matter to formal dispute
resolution services or take legal action.
•
http://www.commerce.wa.gov.au/consumerprotection/content/business/selling_goods_services/Co
nsumer_Guarantees/Compensation_for_consequential.html
Unpacking nominalisations
• LEASE
• Lessees shall make no alterations to the
leased premises, or its contents without
the prior written consent of the company….
rewrite:
• If the tenants want to make any changes to the
apartment or its content, they must ask the company to
allow them to do so and to put their approval in writing
beforehand…..
Examples of rewriting
• 6.3 The cancellation of the guarantee by
any of us shall not affect the validity of
the obligations of the others.
• Strategy :
– Use an if – clause
– Replace nominalisation by corresponding
– Spell out the implications
• If one of the three parties to the agreement pulls out, the
others still have to honour their commitments.
rewriting
• Original:
d) Guarantor shall not indemnify Bank for US
withholding taxes that are imposed due to Bank’s
failure to provide Guarantor with the proper form
required under paragraph c) above.
• Rewritten:
d) If the bank does not give the ‘Guarantor’ the right papers to avoid
paying American tax, the Guarantor will not have to pay the tax that
the bank could pay. The papers are defined in paragraph c).
Specialized verbs
• Such examination may be waived
– This examination may be dispensed with
• waive : give up [a right, a privilege…]
• the interests of a beneficiary shall be
forfeited
– the beneficiary will have to renounce his or
her interests
– NB Insurable interest exists when an insured person
derives a financial or other kind of benefit from the
continuous existence of the insured object.
Documentation
• General language dictionaries
– only limited use
• though common legal or insurance terms are defined
• Specialised dictionaries
• Webster’s New World Law Dictionary
• Term banks : IATE et Termium
• made by terminologists
• validated by experts
• Online glossaries
• variable quality
– marketing aims
– But also industry sities
– Insurance Bureau of Canada
» http://www.ibc.ca/en/need_more_info/glossary/a.asp
• Specialised studies
• HODGES, S (1996), Law of marine insurance, Cavendish
More on online glossaries
• Specialized
• Online lease glossary
•
http://www.georgevaill.com/real_estate_terms.htm
– Assignee
Individual to whom a contract is assigned.
– Assignment
The manner by which a contract is transferred from
one individual to another individual.
– Assignor
An individual who transfers a contract to another
individual.
Termium
• assign
to transfer personal estate, or chattels real, or certain rights in real or
personal estate.
OBS – The term is especially applied to leases, terms of years, and
life interests in land or personal property, and to choses in action,
and incorporeal chattels. The word "assign" is the proper technical
operative word ... (Jowitt's, 2nd ed., 1977, p. 46)
• céder
OBS – céder : terme normalisé par le Comité de normalisation du
Programme national de l'administration de la justice dans les deux
langues officielles (PAJLO)
transcribe
• NO PETS SHALL BE ALLOWED, EVEN TEMPORARILY,
ANYWHERE ON THE LEASED PREMISES, WITHOUT THE
PRIOR WRITTEN CONSENT OF LESSORS. LESSEES WILL BE
SUBJECT TO CHARGES, DAMAGES, AND EVICTION
PROVISIONS OF THIS LEASE IF THIS PROVISION IS
VIOLATED. IF A PET HAS BEEN KEPT ON THE LEASED
PREMISES AT ANYTIME DURING THE LEASE, THE DEPOSIT
WILL BE FORFEITED.
Further thought
• Is transposing the same as translating?