If
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 a lawyer finds an If
, he expects a boolean condition – for example, x > 0
, which means “the variable x contains a number that is greater than zero” – and 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.
Plain English Anatomy™
Noun | Verb | Adjective | Adverb | Preposition | Conjunction | Latin | Germany | Flannel | Legal triplicate | Nominalisation | Murder your darlings