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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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One word: polysemy | 122 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
One word: polysemy
Authored by: Anonymous on Tuesday, August 21 2012 @ 05:44 AM EDT
Apparently, yes.

Ignorance of the law is very rarely, if ever, considered a defence.

[ Reply to This | Parent | # ]

One word: polysemy
Authored by: DannyB on Tuesday, August 21 2012 @ 01:19 PM EDT
> Can I be held accountable for not obeying the
> laws of the country if the laws are written
> in a language that I do not understand


It depends. Are you going to High Court where the nobility goes, or to Low
Court where the commoners go?


---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

One word: polysemy
Authored by: xtifr on Tuesday, August 21 2012 @ 04:30 PM EDT

Would you rather have the laws written in such ambiguous terms that you can't possibly tell whether or not you've broken one no matter how much you study?

Actually, you do have that problem because the laws themselves are usually not written in legal jargon. They're written in more-or-less ordinary English, by non-lawyers, and figuring out how to interpret them is often the most difficult and confusing part of a judge's job. Legal jargon appears in the courtroom, in court proceedings and filings, written by lawyers for judges. So you're worried about the wrong thing. I worry about ambiguous laws more than I worry about incomprehensible legal terminology.

In any case, legal terminology is based on English--probably more so than your average programming language, and a lot of software is loosely comprehensible to a literate non-programmer. The nuances may be lost, but the basic concepts often show through. I don't think you need to be a programmer to understand the rangeCheck function that featured so prominently in the Oracle v Google case, for example--though I doubt you could write your own, as the judge did, if you hadn't studied some programming.

If I were you, I'd worry more about contracts, which usually are written in jargon, than about laws. But at least with a contract, it's not binding unless you accept it, and you can ask a lawyer to help you interpret before you sign, if you're really unsure.

But bottom line, we are talking about jargon here. Not Lower Upper Middle High Martian. It's a specialized language, not an alien one. No, the situation's not ideal, but the alternatives are potentially just as bad, maybe even worse. I think there's bigger issues in this world than a bit of precisely-defined legal jargon.

---
Do not meddle in the affairs of Wizards, for it makes them soggy and hard to light.

[ Reply to This | Parent | # ]

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