And/or: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
No edit summary
 
(25 intermediate revisions by the same user not shown)
Line 1: Line 1:
Means “[[or]]”, because “or” includes “[[and]].
{{a|plainenglish|[[File:Andor.png|thumb|center|500px|for extra cosmological points, try the preferred EU formulation.]]}}{{f|And/or}} is the [[legal eagle]]’s equivalent of a damp kipper handshake. Avoid it. There is no more obvious sign that a text is in need of a [[plain English]] reaming.


*{{and}} <br>
{{f|And/or}}” ''means'' “{{f|or}}”, because “{{f|or}}” ''includes'' “{{f|and}}”.
*{{or}}


It's utterly defeatist drafting, because of the presence of that slash: what does it even mean? That slash admits that the plain, punctuated words of the English language have defeated you.
That’s it.


In fact, that slash means - and can only mean - [[or]]”. So by saying "and or" you are really saying "and, or or". But to be hermetically sealed and consistent, shouldn't you go the whole hog, and say "and, and/or or"?
===In [[tedious]] detail===
“{{f|And/or}}” has a face only a mother could love. It is borne of the [[fear]] that, when considering alternatives ''any'' of which leads to a given outcome, things might somehow be different if they ''all'' occur.
 
There is no grounds for this fear. Logically, this is how one defines {{f|and}} and {{f|or}}:
 
:{{and}}
:{{or}}
 
===The and/or paradox===
Besides, [[and/or]] is not just ugly; it’s circular. It presents as a [[paradox]], because of that [[slash]]. Now the slash is not a part of idiomatic punctuation in the English language. It’s a decoration with no fixed grammatical meaning. To use a [[slash]] in legal writing is to confess that the ordinary, punctuated words of the English language have defeated you.
 
In “[[and/or]]”, that slash means can ''only'' mean ''{{f|or}}''”. So by saying “{{f|and/or}}” you are really saying “and, ''or'' or”. But to be hermetically sealed and consistent, shouldn’t you make one further clarifying step, and say “{{f|and}}, {{f|and/or}} {{f|or}}”?


AND DO YOU NOW SEE THE INFINITE REGRESSION YOU HAVE SET IN MOTION?
AND DO YOU NOW SEE THE INFINITE REGRESSION YOU HAVE SET IN MOTION?


Never speak of this again.
Go back to your draft and strike all examples, and we shall never speak of this again.
 
===Classic and/or fails===
{{c2|egg|ISIA}}
Spotted in, where else?, an [[NDA]]:
{{quote|Disclosing Party may demand the return, and/or destruction and/or erasure of Confidential Information at any time.}}
You can’t have it both ways: You can’t return it ''and'' destroy it.
{{sa}}
*[[profound ontological uncertainty]]
{{c3|conjunction|Plain English|ISIA}}
{{c|Paradox}}

Latest revision as of 13:30, 14 August 2024

Towards more picturesque speech
for extra cosmological points, try the preferred EU formulation.
SEC guidance on plain EnglishIndex: Click to expand:
Tell me more
Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

And/or is the legal eagle’s equivalent of a damp kipper handshake. Avoid it. There is no more obvious sign that a text is in need of a plain English reaming.

And/ormeansor”, because “orincludesand”.

That’s it.

In tedious detail

And/or” has a face only a mother could love. It is borne of the fear that, when considering alternatives any of which leads to a given outcome, things might somehow be different if they all occur.

There is no grounds for this fear. Logically, this is how one defines and and or:

And” is a logical operator which gives the value one if and only if all the operands are one, and otherwise has a value of zero.
Or” is a logical operation which gives the value one if at least one operand has the value one, and otherwise gives a value of zero.

The and/or paradox

Besides, and/or is not just ugly; it’s circular. It presents as a paradox, because of that slash. Now the slash is not a part of idiomatic punctuation in the English language. It’s a decoration with no fixed grammatical meaning. To use a slash in legal writing is to confess that the ordinary, punctuated words of the English language have defeated you.

In “and/or”, that slash means — can only mean — “or”. So by saying “and/or” you are really saying “and, or or”. But to be hermetically sealed and consistent, shouldn’t you make one further clarifying step, and say “and, and/or or”?

AND DO YOU NOW SEE THE INFINITE REGRESSION YOU HAVE SET IN MOTION?

Go back to your draft and strike all examples, and we shall never speak of this again.

Classic and/or fails

Spotted in, where else?, an NDA:

Disclosing Party may demand the return, and/or destruction and/or erasure of Confidential Information at any time.

You can’t have it both ways: You can’t return it and destroy it.

See also