[Co-written with Kathryn Piper]
We were excited–for two different reasons–to see a recent blog post on the Legal Writing Profs Blog titled “An Empirical Look at the Prescriptivist vs. Descriptivist Dilemma in Drafting.” The post actually leads to a more involved blog post by Ross Guberman titled “A Day in the Life of an American Contract” which lays out the descriptivist vs. prescriptivist dilemma and describes the gap between the kind of language that authoritative sources say should be used in contract drafting and the kind of language actually used in contract drafting. Guberman backs this up with a review of 25 contracts arbitrarily pulled from the SEC website all on the same recent April day.
The reason this post caught our attention is 1) we are currently developing a contract drafting curriculum for a new course (Drafting: Litigation Documents & Contracts) intended for non-native English speaking LLM students, and 2) descriptivist vs. prescritivist is a big theme in the world of applied linguistics and grammar, a theme that ran throughout my MA TESOL studies.
In case you’re not up on things in the linguistics/grammar world, professionals in the field have increasingly Continue reading