Legal and Legislative Drafting, 2nd Edition
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Your Guide to Drafting Clear and Precise Legal and Legislative Documents
Drafting complex legal and legislative documents can be challenging. From the organization of complex ideas to ensuring clear and unambiguous language, legal and legislative drafting is an onerous task. Mistakes can be costly - even catastrophic -for lawyers who face malpractice claims if drafting errors cost their clients money. Those charged with drafting legislative or legal documents need a solution to help them navigate through these challenges.
The Second Edition tackles this challenge - the book goes far beyond simply discussing the applicable principles; it provides readers with a step-by-step guide that helps them put those principles into action.
Features and Benefits
This timely resource helps legislative drafters and private sector lawyers write concise and precise documents by arming them with:
- Practical advice - the book's step-by-step approach leaves theory-driven publications far behind
- Expert advice - over 750 examples are employed to help illustrate how provisions evolve through the application of various drafting techniques
- Best practices - helps drafters deal with other key parties in the process and increase their efficiency
- Invaluable tools - allow drafters to choose the right words in the appropriate context to convey the document's intended meaning
New in this Edition
- Composing a legislative sentence -
- New section on the practice of using a serial comma, plus examples from case law
- Updated explanations and examples illustrating common sources of syntactic and semantic problems and how to avoid them
- Gender Neutral Drafting –
- Updated chart on the use of gender neutral vs gender specific nouns
- Additional explanations and examples of improper and improvident techniques to be avoided in the search for gender neutrality
- Problem Provisions -
- New section on "for greater certainty" clauses
- Expanded section on offence provisions
- New section on treaty implementation mechanisms
- Structure of Legislative and Legal Documents –
- Updated section on purpose clauses
- New chapter on transitional and savings provisions
- New section on the typical ordering of contract provisions
- Logical Issues –
- New sections and examples on pairing obligations with discretions, on self-contradictory rules, and on the distinctions between commands and requests
- Plain Language Drafting –
- Updated analysis on what plain language is
- Updated section on ‘legalese' , including an updated discussion on "must" vs "shall" and the use of "hereby"
- Updated results of surveys on plain language usage
- Bilingual and Multi-Lingual Drafting -
- New chapter discussing advantages and disadvantages of various methods of producing text in more than one language, as well as changes brought about by new technology
- Drafting and Corruption -
- New chapter on the connection between drafting practices and the potential for corruption in a legal regime, and how to avoid it
A Must-Have For
- Legislative Drafters (worldwide) - those who need to understand the principles and practices of legislative drafting to master their skills
- the content has an international scope and application and can be relied upon by drafters all over the world
- Lawyers - who engage in drafting complex contracts, leases, and other legal documents
- this text's advice on drafting precise and unambiguous provisions will be invaluable
- Students - who seek an accessible solution for legal writing courses
Click here to read a review of the First Edition
Table of contents
Chapter 1: The Essence of Drafting
Chapter 2: Composing a Legislative Sentence
Chapter 3: Reducing Complexity
Chapter 4: Choosing the Right Words
Chapter 5: Definitions and Other Interpretive Provisions
Chapter 6: Problematic Provisions
Chapter 7: Structuring Legislation and Contracts
Chapter 8: Amendments
Chapter 9: The Logical Challenge Function of the Drafter
Chapter 10: Using an Interpretation Act
Chapter 11: Plain Language Drafting
Chapter 12: Computer-Assisted Drafting
Chapter 13: Best Practices