Legalese, is it Evil?

Words mean things - Not what we always think though. So, is Legalese Evil?

Let's look at the Word/Term Lost.

When we hear that something is lost we may think of someone lost their keys, a ballgame was lost, or how about one who lost their home in a foreclosure. Take this a step further, you ask the mortgage company about who "Holds the Note" and they response is that it's been "Lost". This doesn't mean it was merely misplaced, so let's look up the Legal Definition: LOST

FindLaw: Lost adj.

https://dictionary.findlaw.com/definition/lost.html

1. Not made use of, won, or claimed [ opportunity costs].

2. Unintentionally gone out of or missing from one's possession or control.

3. Ruined or destroyed physically or in an unknown physical condition or location.

Blacks Law 2nd edition

https://thelawdictionary.org/lost/#:~:text=An%20article%20is%20%E2%80%9Clost%E2%80%9D%20when,by%20an%20ordinarily%20diligent%20search.

"An article is “lost” when the owner has lost the possession or custody of it, in- voluntarily and by any means, but more particularly by accident or his own negligence or forgetfulness,"

Oxford University

https://global.oup.com/us/companion.websites/9780199838677/chapter2/cases_b/

The distinction legally must be known between Lost and Mislaid property. Mislaid is forgetfulness and Lost can occur at the hand of another through acts of Surrender, Transmitting, Delivery, etc.

Legally "Mislaid property” is still in the possession of its owner.

Drawing the distinction in the definitions of Words/Terms is important, because Words Mean Things. So why are terms used in Legalese, is there an evil intent?

In legal matters words can't, and shouldn't, use modern definitions for words. Legalese uses original definitions, not the definitions that have morphed into over time. The Judiciary loves to recategorize things, especially changing Words into Terms, and there's an excellent reason for this!

Latin is used for this reason, it's called a "Dead language" because it's definitions are Frozen or Fixed and unchanging. Today the word gay doesn't mean what it did only 50 year's ago. It's not used to deceive, it's used so that a contract means the same thing in 100 years that it did when it was written, isn't that a gay idea? Now, "Do you understand the Terms of the Contract"?

Only you are responsible for your education, and Ignorance of the law is no excuse.

Bryan-G Parker ©

Tactical [Sovereignty] Administrating the First Estate

To delve deeper:

https://learn.asialawnetwork.com/2017/10/03/common-confusing-legal-words-legalese-explained-simply/