The Complexity of Legal Systems: Why Laws are Complicated
Laws often appear overly complex, filled with verbiage intended to cover every conceivable scenario. This complexity arises from various factors, including the attempt to prevent circumvention, the evolution of legal language, and the pragmatic need to balance rule of law with practical governance.
The Purpose of Complexity
One primary reason laws are so intricate is the need to anticipate and address every possible manner in which someone might try to get around them. For instance, consider the example of a firearm possession restriction for convicted domestic abusers. Initially, the law might state:
If you are convicted of domestic abuse and are a spouse, parent, or guardian of the victim, you may not possess firearms.
However, to fully cover all bases, additional portions of the law might need to include ex-spouses, foster parents, and never-married domestic partners. Determining the exact conditions under which these relationships are recognized can add significant length to the statute. Moreover, loopholes like borrowing firearms legally can arise if the language is not exhaustive.
Historical and Practical Development
Over time, the language of laws has been subjected to judicial interpretation, leading to the establishment of specific meanings. These meanings often diverge from the common understanding. Phrases such as “shall” may imply a mandate or a mere suggestion, and terms like “recent” and “intimate partner” can encompass a wide range of interpretations. Similarly, phrases with distinct yet similar meanings, such as “cease and desist” and “sole and exclusive,” add to the complexity.
The legal tradition dating back hundreds of years has compiled these specific nuances, making them essential for precision and clarity. However, plain-language laws, while easier to understand, can leave room for misinterpretation and abuse, leading to further complications.
Coming to Terms with the Necessity of Complexity
Some argue that the complexity of laws is a reflection of the underlying political and social realities. The idea of “rule of law” might sound noble, but in practice, absolutist and unyielding interpretations can be destructive. In certain situations, more nuanced legal frameworks are required, such as:
Pragmatic Release and Imprisonment: In a legal system, it is sometimes necessary to release someone without evidence or imprison someone with insufficient evidence to prevent the collapse of the nation. For example, one cannot be charged with treason if the act has not yet occurred, necessitating the addition of various loopholes and vague language to circumvent absolute rules.
Language Limitations: The limitations of language itself play a significant role in the complexity of laws. Circumstances can arise in countless ways, and many laws include exceptions and even exceptions to these exceptions, making it challenging to be explicit in every case.
Evolution of Legal Language
Historically, lawyers and legal scholars have tended to use verbose, specialized language that can be confusing to the general public. Phrases such as “party of the first part” and “heretofore the party of the first part constructively and proximately” are examples of how legal jargon can obscure the meaning of a document.
However, there has been a movement in law schools to encourage the use of common, understandable language. Progress is being made, but the influence of this jargon remains pervasive.
In conclusion, the complex nature of legal systems is a necessary compromise between comprehensiveness and clarity. While this complexity can sometimes feel overwhelming, it is rooted in the need to address the intricate and often unpredictable nature of human behavior and social dynamics.