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5 Scribes J. Leg. Writing 51 (1994-1995)
Answering the Critics of Plain Language

handle is hein.journals/scrib5 and id is 57 raw text is: Answering the Critics of Plain Language Joseph Kimble The price that any movement pays for even modest success is that critics emerge. Critics can be healthy for a movement. They can correct error, temper excesses, and prompt the kind of reflection that deepens understanding. So it's probably a sign of progress that there is debate about the movement for plain legal language. Still, some of the criticism has become stale and should at last be put to rest. The old criticism is, in essence, that we either should not or cannot write in plain language: should not, because it debases the language; and cannot, because of the overriding demands of precision. I have looked at these misconceptions elsewhere.' So have other writers.2 But since the old misconcep- tions linger, I'll try to dispel them again here. Meanwhile, there's a new criticism that deserves a longer look. The new criticism is, in essence, that plain language doesn't matter: its approach to communication is too narrow, and there is no empirical evidence that it improves comprehension. These are serious criticisms, and to explain why they are mistaken will require some exploring. The Old Criticism The old criticism of plain language has come mainly from within the legal profession. Again, these critics say that plain- Joseph Kimble, Plain English: A Charter for Clear Writing, 9 THOMAS M. CooLEY L. REv. 1, 19-22 (1992). 2 See, e.g., BRYAN A. GARNER, THE ELEMENTS OF LEGAL STYLE 7-15 (1991); LAW REFORM COMM'N OF VICrORIA, PLAIN ENGLISHAND THE LAW 45-52 (1987; repr. 1990); Robert W. Benson, The End of Legalese: The Game Is Over, 13 N.Y.U. REV. L. & Soc. CHANGE 519, 559-67 (1984-1985).

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