The drafting of legal texts: a reflection and proposals for improvement

Abstract

Legal texts are usually characterized by their complexity. Despite this, citizens have the right to understand these kinds of texts as users of the justice system, which is a service provided by a state under the rule of law. In addition to this, a lack of understanding on the part of users can lead to a situation of vulnerability and infringement of their rights. Legal language and the drafting of legal texts still carry the heavy burden of ideas from the past coming from non-democratic systems which employed the complexity of the legal world as an instrument for supporting power and domination. This dark-age interest has been the cause of the production of difficult-to-read texts which, besides lacking clarity and concision, also contain inappropriate and incorrect expressions. This tradition is incompatible with a democratic system, so there is a need for professionals in the field of law to endeavor to write clearer texts. As with other arts, writing is a skill that can be learned. Hence, this article provides a series of key tips for mastering writing techniques. Writing is conceived as a cognitive process that is organized into the three following phases: planning, writing, and reviewing. Although writing skills can remarkably improve if this process is followed, professionals engaged in the field of law will also need assistance from institutions in the form of ongoing training and consultation in this regard.