Wednesday, June 17, 2020

Words are to a lawyer what mathematics is to a physicist

--- Owain Blackwell, in "Words are Chameleons: The Languages of Law," Oxford Reference, 20 March 2019

Excerpts:
Words are to a lawyer what mathematics is to a physicist. That being the case, if an observer watched the goings on of, say, the Court of King’s Bench in the 15th century, they might wonder how the legal system could work at all, for they would be hearing words in three languages.
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So can we contrive a system in which all words are defined and all nuances banished? It is but a pipe dream. For, as Justice Holmes observed: ‘A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used.’ Furthermore, it would be a grim day for lawyers if such a dream could be realized. One is reminded of the toast first given at Sergeants Inn in 1756 by Mr Wilbraham, and since then much repeated: ‘Gentleman, to the glorious uncertainty of the law.’ For it is that very uncertainty—uncertainty, usually, over the meaning of words— by which lawyers earn their keep.