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Where a word is
capable of having a number of different meanings, the drafter must ensure that
the word chosen will carry the same meaning for each reader. Another problem
faced by drafters is the challenge to find and use words which are not vague.
Some words have clear meanings: numbers, days of the week, periods of time are
all capable of precise expression. Some words become vague in accordance with
their usage. Some words are designedly imprecise and permit of a subjective
interpretation by a third party such as a judge. Examples of these words are:
"satisfactory", "necessary", "fair", "reasonable" and "viable". It is also
salutary to point out that words take on the character of those in whose
company they are to be found. This point was succinctly expressed by Holmes J.
in a much quoted passage from Town v Eisner25 where he said:
"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 in which it
is used."26
Language itself is
not a very precise medium. Words have no "proper" or "absolute meaning". In
Carter v Bradbeer,27 in a somewhat
fatalistic tone, Lord Diplock said that:
"Words mean
whatever they are said to mean by a majority of the appellate committee dealing
with the case, even though a minority might think
otherwise."
A similar lesson
was taught by Humpty Dumpty to Alice in Through the Looking
Glass:28
"'When I use a
word,' Humpty Dumpty said, in a rather scornful tone, 'it just means what I
choose it to mean- neither more nor less.' 'The question is', said Alice,
'whether you can make words mean so many different things.'"
Simplicity - Apparent
or Real? The
simplicity of a document is mainly an aesthetic feature. The question as to
whether a document is useful is an entirely different issue. In the context of
the Land Obligations Bill 1968, Lord Wilberforce wrote to the Law Commission to
express his views on the Bill. He was concerned by a number of aspects of the
Bill, but in particular he stated:
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25.
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245 U.S.
418. |
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26.
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ibid.,
at 425 |
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27.
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[1975] 1
W.L.R. 1204, 1203. |
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28.
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Lewis
Carroll, Through the Looking Glass Chapter 6. |
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