Legal doublet
A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by "and", such as "null and void". The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to desist and cease or to have property owned clear and free, when these common legal phrases are universally known as cease and desist and free and clear.
The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another: in Britain, from a native English term to a Latin or Law French term; in Romance-speaking countries, from Latin to the vernacular. To ensure understanding, the terms from both languages were used. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms[1] and form irreversible binomials.
In other cases the two components have differences which are subtle, appreciable only to lawyers, or obsolete. For example, ways and means, referring to methods and resources respectively,[2] are differentiable, in the same way that tools and materials, or equipment and funds, are differentiable—but the difference between them is often practically irrelevant to the contexts in which the irreversible binomial ways and means is used today in non-legal contexts as a mere cliché.
Doublets may also have arisen or persisted because the solicitors and clerks who drew up conveyances and other documents were paid by the word, which tended to encourage verbosity.[3]
Their habitual use has been decried by some legal scholars as superfluous in modern legal briefs.[1]
List of common legal doublets
[edit]- abuttals and boundaries
- accord and satisfaction
- acknowledge and confess
- aid and abet[1]
- all and sundry[4]
- alter or change[1]
- amity and commerce
- appropriate and proper[1]
- arbitrary and capricious
- art and part
- assault and battery
- bind and obligate[1]
- breaking and entering
- butts and bounds
- by and between[5]
- care and attention
- cease and desist[1]
- covenant and agree[1]
- deem and consider[1]
- demise and lease[1]
- depose and say
- due and payable[1]
- expressed or implied
- facts and circumstances
- final and conclusive[1]
- fit and proper
- for all intents and purposes
- for and on behalf of
- free and clear
- from now and henceforth
- full faith and credit[1]
- furnish and supply[1]
- goods and chattels
- have and hold[1]
- heirs and successors
- high crimes and misdemeanors
- hue and cry
- indemnify and hold harmless[1]
- infangthief and outfangthief
- joint and several liability
- keep and perform[1]
- kind and nature[1]
- law and order
- legal and valid[1]
- let or hindrance
- lewd and lascivious conduct
- liens and encumbrances[1]
- make and enter into[1]
- marque and reprisal
- metes and bounds
- mind and memory[6]
- null and void[1]
- over and above[1]
- oyer and terminer
- part and parcel[1]
- perform and discharge[1]
- power and authority[1]
- sac and soc
- sale or transfer[1]
- signed and sealed[7]
- sole and exclusive[1]
- successors and assigns[1]
- terms and conditions[1]
- then and in that event[1]
- toll and team
- true and correct[1]
- waif and stray
- ways and means
- will and testament
List of common legal triplets
[edit]- arbitrary, capricious and unreasonable
- cancel, annul and set aside[1]
- convey, transfer and set over[1]
- give, devise and bequeath[1]
- grant, bargain and sell[1]
- name, constitute and appoint[1]
- null, void and of no effect
- tamper with, damage, or destroy
- ordered, adjudged and decreed[4]
- peace, amity and commerce
- remise, release and forever quit claim[1]
- rest, residue and remainder[1]
- right, title and interest[1]
- signed, sealed and delivered[4]
- to all intents, constructions and purposes[8]
- way, shape or form
See also
[edit]
References
[edit]- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an Espenschied, Lenné Eidson (2010). "10.1 Eliminate clutter and redundant language § Eliminate common doublets and triplets". Contract Drafting: Powerful Prose in Transactional Practice. ABA Fundamentals. Chicago: American Bar Association. pp. 164–165. ISBN 978-1-60442-795-0. LCCN 2010003298. OCLC 505017586. OL 15443452W.
- ^ Houghton Mifflin Harcourt, The American Heritage Dictionary of the English Language, Houghton Mifflin Harcourt, archived from the original on 2015-09-25, retrieved 2018-02-02.
- ^ English, Barbara; Saville, John (1983). Strict Settlement: a guide for historians. Hull: University of Hull Press. pp. 18–19. ISBN 0-85958-439-9.
- ^ a b c Ingels, Mia B. (2006). "2.2.1.3. Doublets and triplets". Legal English Communication Skills. Learning English. Leuven, Belgium: Academische Coöperatieve Vennootschap. pp. 60–61. ISBN 90-334-6112-9. OCLC 150389897.
- ^ "Doublets". TransLegal. 12 January 2010. Archived from the original on 2013-09-08.
- ^ Garner, Bryan A. (2011). Garner's Dictionary of Legal Usage. Rev. ed. of: A Dictionary of Modern Legal Usage (3rd ed.). New York: Oxford University Press. p. 577. ISBN 978-0-19-538420-8. LCCN 2011004242. OCLC 671709669. OL 24973858M.
- ^ Word Pairs
- ^ 20 Embarrassing Phrases Even Smart People Misuse, Christina DesMarais, 13 Mar 2015, Inc.com.