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Legal doublet

Standardized phrase used frequently in English legal language

A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by and, such as cease and desist. The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to desist and cease or to have property owned clear and free rather than the standard free and clear term.

The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another. Situations include in Britain, where a native English term is joined to a Latin or Law French term, and in Romance-speaking countries, where a Latin term is joined to the vernacular. To ensure understanding, the terms from both languages were retained and used together. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms and form irreversible binomials.

In other cases the two components have differences which are subtle, appreciable only to lawyers, or obsolete. For example, ways and means, referring to methods and resources respectively, are differentiable, in the same way that tools and materials, or equipment and funds, are differentiable—but the difference between them is often practically irrelevant to the contexts in which the irreversible binomial ways and means is used today in non-legal contexts as a mere cliché.

Doublets may also have arisen or persisted because the solicitors and clerks who drew up conveyances and other documents were paid by the word, which tended to encourage verbosity.

Their habitual use has been decried by some legal scholars as "redundant" and "superfluous" in modern legal briefs.

List of common legal doublets

accord and satisfaction
acknowledge and confess
aid and abet
all and sundry
alter or change
amity and commerce
appropriate and proper
arbitrary and capricious
art and part
as and when
bind and obligate
breaking and entering
butts and bounds
by and between
can and will
rules and regulations
care and attention
cease and desist
confidence and supply
covenant and agree
cruel and unusual
deem and consider
demise and lease
depose and say
drunk and disorderly
due and payable
expressed or implied
facts and circumstances
final and conclusive
fit and proper
for all intents and purposes
for and on behalf of
foul and abusive language
free and clear
from now and henceforth
full faith and credit
furnish and supply
goods and chattels
have and hold
heirs and successors
high crimes and misdemeanors
hue and cry
indemnify and hold harmless
infangthief and outfangthief
information and belief
keep and perform
kind and nature
law and order
legal and valid
let or hindrance
lewd and lascivious conduct
liens and encumbrances
make and enter into
marque and reprisal
metes and bounds
mind and memory
null and void
over and above
oyer and terminer
pains and penalties
part and parcel
perform and discharge
plain and ordinary
power and authority
sac and soc
renounce and abjure
representations and warranties
sale or transfer
signed and sealed
sole and exclusive
successors and assigns
terms and conditions
then and in that event
toll and team
true and correct
use and wont
waif and stray
ways and means
wear and tear
will and testament

List of common legal triplets

arbitrary, capricious and unreasonable
cancel, annul and set aside
convey, transfer and set over
give, devise and bequeath
grant, bargain and sell
name, constitute and appoint
null, void and of no effect
tamper with, damage, or destroy
ordered, adjudged and decreed
peace, amity and commerce
remise, release and forever quit claim
rest, residue and remainder
right, title and interest
signed, sealed and delivered
to all intents, constructions and purposes
way, shape or form

References

Espenschied, Lenné Eidson. (2010). "Contract Drafting: Powerful Prose in Transactional Practice". American Bar Association.
Houghton Mifflin Harcourt. "The American Heritage Dictionary of the English Language". Houghton Mifflin Harcourt.
(1983). "Strict Settlement: a guide for historians". University of Hull Press.
Ingels, Mia B.. (2006). "Legal English Communication Skills". {{lang.
(12 January 2010). "Doublets".
Garner, Bryan A.. (2011). "Garner's Dictionary of Legal Usage". Oxford University Press.
[http://www.sightwordsgame.com/vocabulary-words/word-pairs/ Word Pairs]
[https://www.inc.com/christina-desmarais/20-embarrassing-phrases-even-smart-people-misuse.html 20 Embarrassing Phrases Even Smart People Misuse], Christina DesMarais, 13 Mar 2015, Inc.com.

Info: Wikipedia Source

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