MIT study explains why laws are written in an incomprehensible style

MIT study explains why laws are written in an incomprehensible style

The convoluted “legalese” used in legal documents conveys a special sense of authority, and even non-lawyers have learned to wield it.

Anne Trafton | MIT News
Publication Date: August 19, 2024

Legal documents are notoriously difficult to understand, even for lawyers. This raises the question: Why are these documents written in a style that makes them so impenetrable?

MIT cognitive scientists believe they have uncovered the answer to that question. Just as “magic spells” use special rhymes and archaic terms to signal their power, the convoluted language of legalese acts to convey a sense of authority, they conclude.

In a study appearing this week in the journal of the Proceedings of the National Academy of Sciences, the researchers found that even non-lawyers use this type of language when asked to write laws.

“People seem to understand that there’s an implicit rule that this is how laws should sound, and they write them that way,” says Edward Gibson, an MIT professor of brain and cognitive sciences and the senior author of the study.

Eric Martinez PhD ’24 is the lead author of the study. Francis Mollica, a lecturer at the University of Melbourne, is also an author of the paper.

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https://news.mit.edu/2024/mit-study-explains-laws-incomprehensible-writing-style-0819