Brain and Cognitive Sciences, Massachusetts Institute of Technology, Cambridge, MA 02139.
School of Informatics, University of Edinburgh, Edinburgh EH8 9AB, United Kingdom.
Proc Natl Acad Sci U S A. 2023 Jun 6;120(23):e2302672120. doi: 10.1073/pnas.2302672120. Epub 2023 May 30.
Across modern civilization, societal norms and rules are established and communicated largely in the form of written laws. Despite their prevalence and importance, legal documents have long been widely acknowledged to be difficult to understand for those who are required to comply with them (i.e., everyone). Why? Across two preregistered experiments, we evaluated five hypotheses for why lawyers write in a complex manner. Experiment 1 revealed that lawyers, like laypeople, were less able to recall and comprehend legal content drafted in a complex "legalese" register than content of equivalent meaning drafted in a simplified register. Experiment 2 revealed that lawyers rated simplified contracts as equally enforceable as legalese contracts, and rated simplified contracts as preferable to legalese contracts on several dimensions-including overall quality, appropriateness of style, and likelihood of being signed by a client. These results suggest that lawyers who write in a convoluted manner do so as a matter of convenience and tradition as opposed to an outright preference and that simplifying legal documents would be both tractable and beneficial for lawyers and nonlawyers alike.
在现代文明中,社会规范和规则主要以书面法律的形式制定和传达。尽管法律文件普遍存在且非常重要,但长期以来,人们普遍认为这些文件对于那些需要遵守这些文件的人(即所有人)来说很难理解。为什么?我们通过两项预先注册的实验,评估了律师为什么以复杂方式写作的五个假设。实验 1 表明,律师和外行人一样,对于用复杂的“法律术语”撰写的法律内容,其回忆和理解能力不如用简化的方式撰写的具有同等含义的内容。实验 2 表明,律师认为简化合同与法律术语合同具有同等的可执行性,并且在几个方面,包括整体质量、风格适当性和客户签署的可能性,都认为简化合同比法律术语合同更可取。这些结果表明,律师之所以以复杂的方式写作,是出于方便和传统的考虑,而不是出于绝对的偏好,并且简化法律文件对于律师和非律师来说都是可行且有益的。