This complexity creates a professional specialization that serves the interests of those who draft and interpret the documents, rather than the general public they intend to protect.
The key finding of the study is that the use of complex language and legal jargon in legal documents is not simply an accident or an attempt to communicate information in a precise manner. Instead, it is argued that this complexity serves the interests of the legal profession itself, creating barriers to entry for those without the specialized knowledge required to understand and apply these laws.
This idea aligns with the concept of "professional obfuscation," which proposes that certain professions intentionally use complex language and obscure practices to maintain their control over the specialized knowledge and skills required to practice their craft. In this way, the complexity of legal documents serves to reinforce the power and status of lawyers and other legal professionals, giving them a privileged role in society.
For example, the study highlights how the use of archaic language and technical terms can make legal documents difficult for laypeople to understand, placing them at a disadvantage when attempting to navigate legal processes or protect their rights.
This complexity can also allow for creative interpretations and loopholes, which can favor the interests of those with the knowledge to exploit them.
The study acknowledges counterarguments, such as the need for precision in legal language and the difficulty of simplifying certain legal concepts. However, it maintains that the current level of complexity goes beyond what is necessary and contributes to the exclusion and disempowerment of the public in the legal system.
To address this, the authors suggest measures like promoting plain language drafting, increasing access to legal education and resources, and challenging the professional interests that perpetuate legal complexity.
