Incluso: Difference between revisions
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{{ | {{a|plainenglish|}}The [[incluso]] is the ''opposite'' of a [[proviso]]. | ||
A [[proviso]] may be a ginger, lilly-livered construction, but at least it ''does'' something: it states a proposition and then weasels out of it: | |||
:''The promisor herewith agrees to pay, unconditionally and in full, all amounts due, provided that on no account shall such promisor be liable for: ... ''[here follows a catalogue of exceptions great and small the sum total of which will equal, or perhaps even exceed, the value of the commitment so generously given]''. | |||
An [[incluso|''in''cluso]], by contrast, states that proposition, and then illustratively ''repeats'' it, bearing useful confirmation only to those who enjoy miscellany or are afflicted by [[profound ontological uncertainty|doubt]] as to whether you meant what you said in the first place: | |||
:''We will send such confirmations and information in such form (including paper, writing, parchment, scrolls, hand-signals, facial tics, morse code, semaphore, maritime signaling systems or other symbolic language (whether or not depending for their efficacy upon the assistance [[and/or]] configuration of flags) as we shall determine [[from time to time]].'' | :''We will send such confirmations and information in such form (including paper, writing, parchment, scrolls, hand-signals, facial tics, morse code, semaphore, maritime signaling systems or other symbolic language (whether or not depending for their efficacy upon the assistance [[and/or]] configuration of flags) as we shall determine [[from time to time]].'' | ||
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If you were a weasel playing ''[[Defender]]'', this would be like hitting the [[hyperspace]] button. | If you were a weasel playing ''[[Defender]]'', this would be like hitting the [[hyperspace]] button. | ||
{{egg}} | {{egg}} | ||
Revision as of 10:48, 11 October 2019
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Towards more picturesque speech™
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The incluso is the opposite of a proviso.
A proviso may be a ginger, lilly-livered construction, but at least it does something: it states a proposition and then weasels out of it:
- The promisor herewith agrees to pay, unconditionally and in full, all amounts due, provided that on no account shall such promisor be liable for: ... [here follows a catalogue of exceptions great and small the sum total of which will equal, or perhaps even exceed, the value of the commitment so generously given].
An incluso, by contrast, states that proposition, and then illustratively repeats it, bearing useful confirmation only to those who enjoy miscellany or are afflicted by doubt as to whether you meant what you said in the first place:
- We will send such confirmations and information in such form (including paper, writing, parchment, scrolls, hand-signals, facial tics, morse code, semaphore, maritime signaling systems or other symbolic language (whether or not depending for their efficacy upon the assistance and/or configuration of flags) as we shall determine from time to time.
A well crafted incluso will drag into contemplation items which no ordinary reading of the general principle could possibly have anticipated.
The sign of a true legal master is the provuso, which is an amalgam of a proviso and an incluso, a device by which one states a general principle, then caveats it so comprehensively that the end result bears no correlation at all with the originally intended. This is a way of weaseling into a whole new obligation that neither party possibly could have had in mind when discussing the original trade.
If you were a weasel playing Defender, this would be like hitting the hyperspace button.