LawProse Lessons

etymology (2). Today: Native vs. Classical Elements. The English language has benefited from diverse sources. This diversity springs mostly from the English Renaissance, when writers supplemented what they considered a meager vocabulary by borrowing freely from foreign languages, mostly Latin, French, and Greek. Thus William Caxton, who introduced printing into England in 1477, is credited […]

etymology (1). Today: English Etymology Generally. Etymology is the study of word derivations. Understanding etymology often leads to a greater appreciation of linguistic nuances. For example, “exorbitant” is Latin “ex-” (= out of, away from) + “orbita” (= a wheel track), hence “off track” or “out of line.” “Symposium” is Greek “syn-” (= together) +

whilst. “Whilst,” though correct British English, is virtually obsolete in American English and reeks of pretension in the work of a modern American writer — e.g.: “Whilst [read ‘While’] I was on vacation last week, it seems the Bethlehem Police Force got off the hook for killing a young man, John Hirko, in April.” Paul

vale of tears. In this age-old idiom, “vale” means “world.” But writers have often mistakenly spelled it *”veil of tears” — e.g.: o “Edwin C. Daly left this veil [read ‘vale’] of tears on Monday (April 15, 1996) at his home in Tamarac, FL.” “Edwin C. Daly” (obit.), Hartford Courant, 30 Apr. 1996, at B8.

transpire. The traditionally correct meaning of this word is “to pass through a surface; come to light; become known by degrees.” But that sense is now beyond redemption, though writers should be aware of it. Today, of course, the popular use of “transpire” is as a formal word equivalent to “happen,” “occur,” or “take place.”

Scylla and Charybdis, between. As described by Homer, Scylla /SiL-uh/ was a sea monster who had six heads (each with a triple row of teeth) and twelve feet. Though primarily a fish-eater, she was capable of snatching and devouring (in one swoop) six sailors if their ship ventured too near her cave in the Strait

regiment. “Regiment” (= a military unit made up of several battalions) is coming to be misused for “regimen” (= a systematic plan designed to improve health, skills, etc.) — e.g.: o “Wealthy people plagued with weak nerves and ‘auto-intoxication’ flocked to the San, as it was known, from all over the world to undergo a

premises. “Premises” (= a house or building) has a curious history. Originally, it denoted in law the part of a deed that sets forth the names of the grantor and grantee, as well as the things granted and the consideration. Then, through hypallage, it was extended to refer to the subject of a conveyance or

overly. Although it’s old, dating from about the 12th century, “overly” is almost always unnecessary because “over-” may be prefixed at will: “overbroad,” “overrefined,” “overoptimistic,” “overripe, ” etc. When “overly” is not unnecessary, it’s merely ugly. Some authorities consider “overly” semiliterate, although the editors of the Merriam-Webster dictionaries have used it in a number of

Noun Plague. This is Wilson Follett’s term for the piling up of nouns to modify other nouns (Modern American Usage 229 (1966)). When a sentence has more than two nouns in a row, it generally becomes much less readable. The following sentence is badly constructed because of the noun-upon-noun syndrome, which (sadly) is more common

methodology. “Methodology,” strictly speaking, means “the science or study of method.” But it is now widely misused as a fancy equivalent of “method” or “methods” — e.g.: o “Defenders of scientific methodology [read either ‘scientific methods’ or ‘the scientific method’] were urged to counterattack against faith healing, astrology, religious fundamentalism and paranormal charlatanism.” Malcolm W.

judgment. Part A: Spelling. “Judgment” is the preferred form in American English and in British legal texts, even as far back as the 19th century. “Judgement” is prevalent in British nonlegal texts and was thought by H.W. Fowler to be the better form (Modern English Usage 1 at 310). Part B: American and British Legal

Illogic (4). Today: “Times Less Than.” Brand Y may cost twice as much as Brand X, but that doesn’t mean Brand X is twice as cheap as Brand Y. Farburg may be two times as far away as Nearville, but that doesn’t mean Nearville is two times closer than Farburg. Big Dog may be twice

Illogic (3). Part A: Danglers and Misplaced Modifiers. Every dangler or misplaced modifier perverts logic to some degree, sometimes humorously — e.g.: “I saw the Statue of Liberty flying into Newark.” To avoid these disruptions of thought, remember that a participle should relate to a noun that’s capable of performing the participle’s action. Part B:

Illogic (2). Today: Illogical Comparisons. This lapse occurs commonly in locutions such as “as large if not larger than,” which, when collapsed, becomes “as large than”; properly, one writes “as large as if not larger than.” Similar problems occur with classes of things. For example, when members of classes are being compared, a word such

Illogic (1). Today: Logic vs. Idiom. Anyone who would dare drag logic into a discussion on language must do so warily. For centuries, grammarians labored under the mistaken belief that grammar is nothing but applied logic and therefore tried to rid languages of everything illogical. But to paraphrase Justice Oliver Wendell Holmes, the life of

hoi polloi. “Hoi polloi” = the common people, the masses. Because “hoi” in Greek means “the” (plural), “the hoi polloi” is technically redundant. But the three-word phrase predominates and ought to be accepted. What shouldn’t be accepted, though, is the growing misuse of “hoi polloi” to refer to the elite. This might occur through a