Prof. Helen Xanthaki

IALS Workshop 3 November 2014LD: New Trends in Plain Language

Is Plain Language Enough for

Approachable Legislation?

Professor Dr. Helen Xanthaki

Prof. Helen Xanthaki

Legislative quality and plain language

The modern drafter pursues effectiveness of legislation, a notion synonymous to legislative quality

Effectiveness is promoted by clarity, precision, and unambiguity

The question is what means can be used to achieve clarity, precision, and unambiguity

Plain language is a prevalent tool to achieve mainly clarity and unambiguity of the regulatory message communicated via legislation to the users of the legislative text

A holistic definition of plain language

Plain language is a method of, for our purposes, legislative communication devoted to ensuring that the intended audience can read, understand, and, if they are that way inclined, act upon the legislative text.

Plain language is not only about words. Plain language refers to:

Words; The internal structure of the text; The presentation of the text; and The placement of the text within the

architecture of the statute book as a whole.Dr Helen Xanthaki

Prof. Helen Xanthaki

Words This has been the main focus of the

plain language movement. It has reaped results, at least in the UK. But there is still work to be done in:

Identifying the audience of each text Placing the text in context Offering explanations and definitions of

words in the text Redrafting existing laws in plain language.

Prof. Helen Xanthaki

Structure At the moment provisions with a legislative text are

prioritised on the basis of their nature as primary v secondary, sub-stantive v administrative, general v special [Thing approach].

I propose a user related approach Identify the clusters of users of the legislative text by means of the

OPC user profiles [lay persons, regulatory or legal professionals] Classify the regulatory message relevant to each category of users And prioritise on the basis of these categories

Part 1 speaks to Lay Users and carries the main regulatory message in the simplest of language

Part 2 speaks to non legal professionals, explores their specialised messages, and uses their language

Part 3 speaks to the legal professionals in their jargon.

Prof. Helen Xanthaki

Presentation of the text and layout

Plain as the language and structure may be, users require clarification of the inevitably complex concepts and the relationship between this and other texts Definitions of complex terms Putting this text in context Offering examples

Where? Explanatory notes On www.legislation.co.uk

Prof. Helen Xanthaki

The architecture of the statute book

Thornton states that each law is an amending law Contextual drafting requires placement of the law

within the architecture of the statute book This must be

Complete Up to date Informative

For each text [see presentation and layout] For the statute book as a whole

And so the statute book must direct the user to Legislative texts that complete the regulatory package in

primary and secondary legislation The history and evolution of the regulatory package And its passage through the legislative process.

Prof. Helen Xanthaki

And philosophical approaches

Legislation is a means of regulation In fact it is the least attractive means of

regulation: legislation is a legitimate breach of citizen freedom; it is costly; it is not always effective; and it carries unpredictable consequences

Legislation seeks implementation Knowing your specific audience Pitching the text to the “right” level But inevitably expressing complex concepts, whilst Being feared and mistrusted by some users

Prof. Helen Xanthaki

Well? A lot has been achieved already, at least in the UK But more needs to be done, mainly beyond words

The structure of the legislative text must reflect the composition and legal awareness characteristics of the specific audience: the layered approach

The presentation of the legislative text must offer further options for clarification to the user: the OPC agenda

The statute book as a whole must be come approachable, perhaps by use of new IT capabilities: OPC, TNA, academe

The plain language movement must embrace and reward all of its elements and not just language

There is no better place for this than the UK now!!!