A Dictionary of Modern Legal Usage

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Overview


Garner's Dictionary of Modern Legal Usage gives authoritative guidance on all the vexing questions that legal writers face, from correcting grammatical errors to framing legal issues to distinguishing between similar but distinct legal terms. With great detail and care, Garner explains what legalese is, how it can be simplified, and how far legal writers can go in simplifying it. The topics are alphabetically arranged for ease of reference: simply look up any phrase or grammatical category you're interested in, ...
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Overview


Garner's Dictionary of Modern Legal Usage gives authoritative guidance on all the vexing questions that legal writers face, from correcting grammatical errors to framing legal issues to distinguishing between similar but distinct legal terms. With great detail and care, Garner explains what legalese is, how it can be simplified, and how far legal writers can go in simplifying it. The topics are alphabetically arranged for ease of reference: simply look up any phrase or grammatical category you're interested in, and you're likely to find the final word on the subject. Shortly after the completion of this massively expanded second edition, the late Charles Alan Wright said: "The first edition of this book has been praised around the world as both the most reliable guide to legal usage and the most fascinating to read. The second edition outdoes even its predecessor."

This ideal companion to standard law dictionaries is the definitive guide to style and usage for the legal writer.

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Editorial Reviews

From Barnes & Noble
An expert in legal writing, Bryan Garner first created this usage guide in 1987 to complement law dictionaries, and it became an instant classic. This second edition has been updated and refined even further.
Library Journal
In this dictionary of American (and some British) legal usage, attorney Garner provides a ``charted course'' through legal language, advising on hundreds of usage problems in legal writing. Words, phrases, and a few topics are arranged alphabetically and defined or discussed with distinctions between similar terms carefully drawn. Problems in phraseology, diction, grammar, and style are dealt with and entries aptly illustrated from cases, statutes, etc. This volume supplements standard law dictionaries by adding to definitions and including terms not found. It is the most extensive resource available for legal word usage. Its strengths are depth in explanations, careful distinctions, and engaging style. A solid contribution to the improvement of legal writing, highly recommended for larger libraries and all libraries with law or law-related emphases. Mary Jane Brustman, SUNY at Albany Libs.
Booknews
**** A gem of a reference, and cited in BCL3 and the Supplement to Sheehy. As much a style guide as a legal dictionary, it presents practical advice on how to write clear legal prose, for lawyers, judges, law students, and those who confront the language of the law in related fields, such as journalism, business, and finance. It includes guidelines and illustrations, quotations from judges and prominent legal thinkers, and essays which explore the issues that legal writers routinely encounter. This edition is updated and expanded to more than twice the length of the original (1987). Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780195142365
  • Publisher: Oxford University Press, USA
  • Publication date: 5/17/2001
  • Edition description: Subsequent
  • Edition number: 2
  • Pages: 980
  • Product dimensions: 8.90 (w) x 5.90 (h) x 2.00 (d)

Meet the Author

About the Author:
Bryan A. Garner, a visiting professor of law at the University of Texas School of Law, is editor-in-chief of both the Oxford Law Dictionary and the Scribes Journal of Legal Writing. He is the author of the forthcoming book, The Elements of Legal Style.

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Interviews & Essays

Exclusive Author Essay
"Can an educated American say ____?" You can fill in the blank with any number of words and phrases. My friend and myself. It's me. Between you and I. Question as to whether. Fulsome praise. Hopefully. Final destination. Orientate. Center around. Someplace. Snuck. Seldom ever. Uncategorically. There are thousands more. These are questions that I field weekly in professional writing seminars. I do my best to answer them in A Dictionary of Modern American Usage.

One perennial question emerges when people ask about grammar: "What grammar book do you recommend?" What the person really wants isn't a grammar at all, but a good dictionary of usage. This underappreciated genre has alphabetical listings of all the most common trouble spots in the language. It's partly grammar ("fused participles"), partly word choice ("self-deprecating" vs. "self-depreciating"), and sometimes a mixture of the two ("It's me" vs. "It's I"). There are dozens of essays on subjects as diverse as Airlinese, Jargon, Punctuation, and Subject-Verb Agreement.

The language is shifting under your very tongue in ways that might surprise you. A Dictionary of Modern American Usage is intended to divert and entertain while providing guidance on where to stand if you want to avoid linguistic fault lines. My guidance is a blend of the traditional and the modern. I favor keeping our continuity with the past without letting the language become petrified. And I try to be down-to-earth. So forget "It's I."

How did I get into this?

At the age of 15, I realized that the use of the English language was my main intellectual interest. That being so, David Foster Wallace says in Harper's magazine that I must have been "repeatedly and savagely wedgied" as a teenager. Not so -- though I take his point. Actually, I kept my long forays to the college library a little secret within the family and still lettered in golf, led the high school band as drum major, and acted in school plays. By my junior year, when I had acquired the habit of occasionally using big words ("epizeuxis" and "ignoratio elenchi" were among my favorites), I was too big for the kind of abuse Wallace imagines. It took a few more years for me to outgrow this annoying habit of using big words, but in the meantime I worked assiduously to build my vocabulary.

And I had discovered my favorite literary genre: the dictionary of usage. H. W. Fowler, Wilson Follett, Theodore Bernstein, and Eric Partridge had become my literary heroes. By the time I was ready for college, I had essentially memorized everything that these writers had said about English usage -- in the same way that other kids memorize sports stats or car models. Not just any linguistic facts interested me: They had to be genuinely useful facts. They had to help me (or anyone) write better.

In college, studying liberal arts at the University of Texas, I was drawn to courses on literature, rhetoric, literary criticism, and the history of the English language. My plan was still, as it had been in high school, to become a lawyer and use my rhetorical skills within the law. But my success in publishing articles on Shakespearean language -- and the encouragement of my undergraduate mentors, the Shakespearean specialist John W. Velz and the linguistic historian Thomas Cable -- led me to flirt with pursuing a Ph.D. in English, with a focus on lexicography. I almost went that route.

But no. My fiancée (now my wife), a graduate student in political science, said she was convinced that I was meant to be a lawyer -- not an English professor. I agreed. When law school began, I was immediately struck by how many archaic phrases -- Elizabethan phrases -- were popping up in the judicial decisions I was reading. I went to the library to see what scholars had written about legal language, found very little to my liking, and immediately decided to write a book about legal language. Within the first week of law school, I had named it A Dictionary of Modern Legal Usage. I wanted it to do for lawyers what H. W. Fowler had done for writers at large.

I ended up founding LawProse, Inc., which provides seminars for lawyers on brief writing and contract drafting. I wrote or edited more books on law and language, most notably The Elements of Legal Style and Black's Law Dictionary. I've now produced four editions of Black's -- the unabridged deluxe, the regular unabridged, the abridged, and the pocket. My whole approach to legal lexicography has been to try to make the law as accessible as possible to everyone -- to persuade lawyers that it's not in their best interests to use highfalutin jargon and gobbledygook. After all, avoiding these bad habits promotes clear thinking.

But my first love is the English language -- not just the legal part of the English language. So when Oxford asked me to write a dictionary of American usage, I was delighted at the prospect of broadening my horizons and dealing with the English language as a whole. Since I was following Fowler's model, I called it A Dictionary of Modern American Usage. The idea was to provide a guide for educated Americans who want an answer to the question, "Can I say this and still have credibility with readers and listeners?" My intended readers, quite simply, are educated people -- students, businesspeople, professors, novelists, nonfiction writers, newscasters, you name it -- who want authoritative guidance on where the language stands today.

"May I split an infinitive?" (Yes, but first you really need to know what one is.) "May I split a verb phrase?" (You'd better: Any other placement is awkward. And grammarians have consistently said -- there's a split!-- this since 1782!) "May I end a sentence with a preposition?" (If you want to. I have a two-page essay on the subject.) "Should I use the serial comma?" (Yes, unless you're a journalist.) On and on the questions go. My rulings -- since I'm playing the role of judge -- add up to a kind of linguistic jurisprudence. Like any judge, I have biases. Mine are in favor of clarity, simplicity, and credibility. (Bryan A. Garner)

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