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This, adapted from Wikipedia’s article on “Conditional (computer programming)” works equally well for the legal [[if]]: | This, adapted from Wikipedia’s article on “Conditional (computer programming)” works equally well for the legal [[if]]: | ||
=== | ===The computer-code if=== | ||
The <code>if–then</code> construct (sometimes called <code>if–then–else</code>) is common across many programming languages. Although the syntax varies quite a bit from language to language, the basic structure looks like this: | The <code>if–then</code> construct (sometimes called <code>if–then–else</code>) is common across many programming languages. Although the syntax varies quite a bit from language to language, the basic structure looks like this: | ||
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End If | End If | ||
When | When the machine finds an <code>If</code>, it expects a boolean condition – for example, <code>x > 0</code>, which means “the variable x contains a number that is greater than zero” – and it evaluates that condition. If the condition is <code>true</code>, the statements following the <code>then</code> are executed. If not, the execution continues in the following branch – either in the <code>else</code> block (which is usually optional), or if there is no <code>else</code> branch, then after the <code>end If</code>. | ||
After either branch has been executed, control returns to the point after the <code>end If</code>. | After either branch has been executed, control returns to the point after the <code>end If</code>. | ||
===The legal if=== | |||
It is to just this kind of simplicity and functional clarity that a legal contract ought to aspire. But here’s the difference: Computer code depends on a dumb client to faithfully interpret and flawlessly implement the code. If it doesn’t, his programme won’t work. A [[Mediocre lawyer|lawyer]], by contrast, depends on his dumb client getting confused and coming back to ask what it all means. | |||
So the diligent lawyer writes not with a coder’s clarity and simplicity, but densely and with [[flannel]]. The most basic of operators - [[if]] - he renders as “[[in the event that]]”. A single [[conjunction]] replaced by a [[preposition]], a [[definite article]], a [[noun]] and a different [[conjunction]]. | |||
So the diligent lawyer writes not with clarity and simplicity, but densely and with | |||
Latest revision as of 13:30, 14 August 2024
This, adapted from Wikipedia’s article on “Conditional (computer programming)” works equally well for the legal if:
The computer-code if
The if–then
construct (sometimes called if–then–else
) is common across many programming languages. Although the syntax varies quite a bit from language to language, the basic structure looks like this:
If (boolean condition) Then (consequent) Else (alternative) End If
When the machine finds an If
, it expects a boolean condition – for example, x > 0
, which means “the variable x contains a number that is greater than zero” – and it evaluates that condition. If the condition is true
, the statements following the then
are executed. If not, the execution continues in the following branch – either in the else
block (which is usually optional), or if there is no else
branch, then after the end If
.
After either branch has been executed, control returns to the point after the end If
.
The legal if
It is to just this kind of simplicity and functional clarity that a legal contract ought to aspire. But here’s the difference: Computer code depends on a dumb client to faithfully interpret and flawlessly implement the code. If it doesn’t, his programme won’t work. A lawyer, by contrast, depends on his dumb client getting confused and coming back to ask what it all means.
So the diligent lawyer writes not with a coder’s clarity and simplicity, but densely and with flannel. The most basic of operators - if - he renders as “in the event that”. A single conjunction replaced by a preposition, a definite article, a noun and a different conjunction.