Legal Writing Prof Blog links to an interesting article by University of Louisville Brandeis School of Law Professor Judith Fischer appearing in Montana Law Review. The abstract:
This article examines George Orwell’s theories about language and applies them to contemporary legal discourse in the United States. It concludes that Orwell’s advice about the importance of clear, plain English comports with today’s accepted legal writing style. However, his warnings about deceptive language in legal and political discourse have not been well heeded. The article suggests that lawyers can assume a role in changing that.
Yes, that George Orwell, author of 1984 and Animal Farm.
Professor Fischer is in good company in finding value in Orwell’s language theories. As her article points out, such legal writing “celebrities” as Bryan Garner (of LawProse, Inc.), Seventh Circuit Court of Appeals Judge Richard Posner, and University of Texas Law School Professor Wayne Scheiss (who blogs at Legalwriting.net) have recognized the value in Orwell’s six rules for writing.