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==Approach== | ==Approach== | ||
=== | ===How to use definitions=== | ||
'''How many'''? Err on the side of fewer rather than more, but a decent rule of thumb is ''how much text do you save?''. The longer a turgid expression is; the more it appears, the more justified you are in defining it. | '''How many'''? Err on the side of fewer rather than more, but a decent rule of thumb is ''how much text do you save?''. The longer a turgid expression is; the more it appears, the more justified you are in defining it. | ||
'''Where'''? If a term appears throughout the agreement, put its definition in a glossary or definitions section at the ''end''. This is a core [[design]] principle. Definitions should be bits of extraneous detail that are not critical to the general thrust of the text, but useful amplification should a reader need it: rather like footnotes. For God’s sake, don’t put them at the ''start'' of an agreement. Would you start reading a book with the footnotes? If the expression only appears in one clause, define it inline in the clause. Guiding principle: how easy is it to find? Is the reader’s “[[user experience]]” better putting the definition at the back or inline? Use your common sense. | '''Where'''? If a term appears throughout the agreement, put its definition in a glossary or definitions section at the ''end''. This is a core [[design]] principle. Definitions should be bits of extraneous detail that are not critical to the general thrust of the text, but useful amplification should a reader need it: rather like footnotes. For God’s sake, don’t put them at the ''start'' of an agreement. Would you start reading a book with the footnotes? If the expression only appears in one clause, define it inline in the clause. Guiding principle: how easy is it to find? Is the reader’s “[[user experience]]” better putting the definition at the back or inline? Use your common sense. | ||
=== | ===When to use definitions=== | ||
In two cases: | In two cases: | ||
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Secondly, ''to create a new technical expression that doesn’t otherwise mean anything'': Let’s say US accounting rules require an investor has the right to exchange its asset-backed security for the beneficial interest in the assets underlying the note. (Well, you never know, right?) You might call this the “BIE Option”. Sure, it’s confusing, but no more confusing than the actual obligation in the first place. | Secondly, ''to create a new technical expression that doesn’t otherwise mean anything'': Let’s say US accounting rules require an investor has the right to exchange its asset-backed security for the beneficial interest in the assets underlying the note. (Well, you never know, right?) You might call this the “BIE Option”. Sure, it’s confusing, but no more confusing than the actual obligation in the first place. | ||
===When | ===When not to use definitions=== | ||
''When the meaning you propose to give to your definition is obvious''. Everyone ''knows'' what the “[[EU]]” means. Everyone ''knows'' what “[[MiFID 2]]” means. Everyone (''right''?) knows what “[[ERISA]]” means. | ''When the meaning you propose to give to your definition is obvious''. Everyone ''knows'' what the “[[EU]]” means. Everyone ''knows'' what “[[MiFID 2]]” means. Everyone (''right''?) knows what “[[ERISA]]” means. | ||
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On the other hand, you can take things too far: “'''Noteholder Early Redemption Option Exercise Notice'''” — real life example — barely saves any space at all, especially when all it means is “a notice in the form set out in Schedule 4 (''Form of Noteholder Early Redemption Option Exercise Notice'') of the Agency Agreement.” This definition falls into the other trap of being so intuitive that is doesn’t need to be a definition at all (see ''When to use definitions'' above). | On the other hand, you can take things too far: “'''Noteholder Early Redemption Option Exercise Notice'''” — real life example — barely saves any space at all, especially when all it means is “a notice in the form set out in Schedule 4 (''Form of Noteholder Early Redemption Option Exercise Notice'') of the Agency Agreement.” This definition falls into the other trap of being so intuitive that is doesn’t need to be a definition at all (see ''When to use definitions'' above). | ||
===The definition as | ===The definition as Biggs Hoson=== | ||
The final way to use definitions is as some kind of hymn to pedantry. This appeals to fans of [[Havid Dilbert]]’s programme to find a complete and consistent set of axiomatic legal propositions. [[Dilbert’s programme]] eschews the undefined use of any expression, however banal or self-evident, in any agreement, on the grounds that it opens the way to [[Cardozo indeterminacy]]. Thus where we find undefined words, we define them ''exactly as they are'', [[for the avoidance of doubt|to avoid a doubt]] so minuscule it heartily crosses the threshold between completeness and paranoia: | The final way to use definitions is as some kind of hymn to pedantry. This appeals to fans of [[Havid Dilbert]]’s programme to find a complete and consistent set of axiomatic legal propositions. [[Dilbert’s programme]] eschews the undefined use of any expression, however banal or self-evident, in any agreement, on the grounds that it opens the way to [[Cardozo indeterminacy]]. Thus where we find undefined words, we define them ''exactly as they are'', [[for the avoidance of doubt|to avoid a doubt]] so minuscule it heartily crosses the threshold between completeness and paranoia: | ||