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With expanded coverage in this new edition, The Elements of Legal Style features additional sections, many more examples, and a thoroughly researched appendix that contains 80 major statements on prose style—what it is and how to attain it.
Inspired by Strunk and White's The Elements of Style, this book clearly (often wittily) explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides abundant examples from the best legal writers of yesterday and today, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
If you want to make your writing clearer, more precise, more persuasive, and above all more stylish, The Elements of Legal Style offers the surest—and the most enjoyable—means to that end.
When Garner's award-winning Dictionary of Modern Legal Usage appeared in 1987, it was acclaimed throughout the English-speaking world. Now he has written a new writing guide, this one inspired by Strunk & White's classic book, The Elements of Style. Packed with samples from noted legal writers, including Oliver Wendell Holmes.
"Garner has given to the legal profession [an] extraordinary book....Invaluable."—South Dakota Law Review
"Bryan Garner...is rapidly becoming—if he's not there already—America's foremost authority on language and the law."—Barrister
"An expanded and more relaxed edition of his 1991 sourcebook."—William Safire, New York Times Magazine
|1||The Letters of the Law||1|
|2||Fundamental Rules of Usage||15|
|Grammar and Syntax||40|
|3||Fundamental Principles of Legal Writing||53|
|4||Some Matters of Form||75|
|5||Words and Expressions Confused and Misused||99|
|6||Rhetorical Figures in Law||149|
|7||An Approach to Legal Style||177|
|Exposition and Argument||181|
|8||A Parting Word||221|
|App||Eighty Classic Statements About Style||223|
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)
Posted May 27, 2005
I recently called on a professor of law at my alma mater for book recommendations on the subject of legal writing and he suggested two books written by B. Garner. During the process of purchasing the recommended books, I saw this book. Already familiar with Strunk & White's book, I decided I NEEDED this one. I do not regret my decision. This book is quickly becomming my favorite editing tool.
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