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3. ''(Institutionalised pedantry''): [[legal mark-up|''Legal'' mark-up]] is an impenetrable melange of [[passive|passives]], [[passive-aggressive]]s, [[redundancy|redundancies]], {{tag|flannel}} and [[non-sequitur]]s injected into a perfectly sensible {{tag|contract}} by a perfectly tedious [[mediocre lawyer|attorney]]. The sheer inscrutability of one’s mark-up is a criteria for [[inhouse legal team of the year]]. | 3. ''(Institutionalised pedantry''): [[legal mark-up|''Legal'' mark-up]] is an impenetrable melange of [[passive|passives]], [[passive-aggressive]]s, [[redundancy|redundancies]], {{tag|flannel}} and [[non-sequitur]]s injected into a perfectly sensible {{tag|contract}} by a perfectly tedious [[mediocre lawyer|attorney]]. The sheer inscrutability of one’s mark-up is a criteria for [[inhouse legal team of the year]]. | ||
Legal mark-up, being the fossil record of a legal [[negotiation]] between [[legal eagle]]s, bears a striking similarity to a playground argument. It will start as a broad, wide-ranging, harangue; each side adopting fundamentally opposed positions largely for the sake of it, yet summoning commendable outrage at the other’s position, notwithstanding | Legal mark-up, being the fossil record of a legal [[negotiation]] between [[legal eagle]]s, bears a striking similarity to a playground argument. It will start as a broad, wide-ranging, harangue; each side adopting fundamentally opposed positions largely for the sake of it, yet summoning commendable outrage at the other’s position, notwithstanding its fundamental arbitrariness. | ||
The process of counter-sniping at idiotic, haughty positions has a cleansing effect | The process of counter-sniping at idiotic, haughty positions — even if ''with'' idiotic, haughty positions — has a cleansing effect: as the blinds, battlements and barricades are gradually shot away, leaving just the serial absurdities behind, each side follows the same slow, careful process of reversal, the way one descends a rickety ladder, shouting gleefully, but with ebbing enthusiasm, as she goes. By the bottom, the debate has reduced into petulant snickering: correcting [[Split infinitive|split infinitives]], interposing redundancies, [[For the avoidance of doubt|clarifying]] the already plain, helpfully particularising the general and addending the particular, all for the glum satisfaction of having had the last word{{strike||, and/or words, as the case may be}}. | ||
Both sides will walk away declaring victory, but silently resenting the disappointing but pragmatic middle ground they have found. | Both sides will walk away declaring victory, but silently resenting the disappointing but pragmatic middle ground they have found. | ||
In the analogue days, mark-up found its voice in spidery handwritten annotations, balloons, glyphs and [[Rider|riders]] | In the analogue days, mark-up found its voice in spidery handwritten annotations, balloons, glyphs and [[Rider|riders]] with which opposing lawyers would deface carefully-typed drafts. These were hard enough to decrypt in their native form, but when faxed between institutions, became quite inscrutable.<ref>The process was not without its serendipities: the [[Biggs hoson]] was discovered this way.</ref> | ||
Since legal employers have discovered they ''can'' and ''should'' pay their lawyers to type after all — since they can thereby dispense with legal secretaries and [[Facsimile|fax]] room attendants — the “manuscript mark-up” has, alas, given way to the charmless and prosaic business of running [[Redline|redlines]]. | |||
{{sa}} | {{sa}} | ||
*[[Redline]] | *[[Redline]] |