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 "null and void". The order of the words cannot be reversed, as it would be particularly unusual to ask someone to desist and cease or to have property owned clear and free; these common legal phrases are universally known as cease and desist and free and clear.
The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another: in Britain, from a native English term to a Latin or Law French term; in Romance-speaking countries, from Latin to the vernacular. To ensure understanding, the terms from both languages were used. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms [1] 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, [2] 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. [3]
Their habitual use has been decried by some legal scholars as superfluous in modern legal briefs. [1]
In classical rhetoric and logic, begging the question or assuming the conclusion is an informal fallacy that occurs when an argument's premises assume the truth of the conclusion. Historically, begging the question refers to a fault in a dialectical argument in which the speaker assumes some premise that has not been demonstrated to be true. In modern usage, it has come to refer to an argument in which the premises assume the conclusion without supporting it. This makes it an example of circular reasoning.
An idiom is a phrase or expression that usually presents a figurative, non-literal meaning attached to the phrase. Some phrases which become figurative idioms, however, do retain the phrase's literal meaning. Categorized as formulaic language, an idiom's figurative meaning is different from the literal meaning. Idioms occur frequently in all languages; in English alone there are an estimated twenty-five thousand idiomatic expressions.
Literal and figurative language is a distinction that exists in all natural languages; it is studied within certain areas of language analysis, in particular stylistics, rhetoric, and semantics.
In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime.
In computer science, a pointer is an object in many programming languages that stores a memory address. This can be that of another value located in computer memory, or in some cases, that of memory-mapped computer hardware. A pointer references a location in memory, and obtaining the value stored at that location is known as dereferencing the pointer. As an analogy, a page number in a book's index could be considered a pointer to the corresponding page; dereferencing such a pointer would be done by flipping to the page with the given page number and reading the text found on that page. The actual format and content of a pointer variable is dependent on the underlying computer architecture.
A cease and desist letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as copyright infringement, and that they will take legal action if the other party continues the alleged unlawful activity. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, the letter's recipient may be sued. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. A cease and desist letter issued by a government entity, called a cease and desist order, is "a warning of impending judicial enforcement".
Hendiadys is a figure of speech used for emphasis—"The substitution of a conjunction for a subordination". The basic idea is to use two words linked by the conjunction "and" instead of the one modifying the other. English names for hendiadys include two for one and figure of twins. Although the underlying phrase is Greek: ἓν διὰ δυοῖν, romanized: hen dia duoin, lit. 'one through two', the only other forms occasionally found in English are '''hendiaduo''' and '''hendiaduous''', the latter of which the 17th-century English Biblical commentator Matthew Poole used in his commentary on Genesis 3:16, Proverbs 1:6, and Isaiah 19:20.
A gun moll or gangster moll or gangster's moll is the female companion of a male professional criminal. "Gun" was British slang for thief, derived from Yiddish ganef, from the Hebrew gannāb. "Moll" is also used as a euphemism for a woman prostitute.
An eggcorn is the alteration of a phrase through the mishearing or reinterpretation of one or more of its elements, creating a new phrase having a different meaning from the original but which still makes sense and is plausible when used in the same context. Thus, an eggcorn is an unexpectedly fitting or creative malapropism. The autological word "eggcorn" is itself an eggcorn, derived from acorn. Eggcorns often arise as people attempt to make sense of a stock phrase that uses a term unfamiliar to them, as for example replacing "Alzheimer's disease" with "old-timers' disease", or William Shakespeare's "to the manner born" with "to the manor born".
Harcourt was an American publishing firm with a long history of publishing fiction and nonfiction for adults and children. The company was last based in San Diego, California, with editorial/sales/marketing/rights offices in New York City and Orlando, Florida, and was known at different stages in its history as Harcourt Brace, & Co. and Harcourt Brace Jovanovich. From 1919 to 1982, it was based in New York City.
In linguistics and stylistics, an irreversible binomial, frozen binomial, binomial freeze, binomial expression, binomial pair, or nonreversible word pair is a pair of words used together in fixed order as an idiomatic expression or collocation. The words have a semantic relationship usually involving the words and or or. They also belong to the same part of speech: nouns, adjectives, or verbs. The order of word elements cannot be reversed.
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position. Another form legal writing involves drafting legal instruments, such as contracts and wills.
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ab initio, which means "to be treated as invalid from the outset", comes from adding the Latin phrase ab initio as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio. The frequent combination "null and void" is a legal doublet.
Legal English, also known as legalese, is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets.
An idiom is a common word or phrase with a figurative, non-literal meaning that is understood culturally and differs from what its composite words' denotations would suggest; i.e. the words together have a meaning that is different from the dictionary definitions of the individual words. By another definition, an idiom is a speech form or an expression of a given language that is peculiar to itself grammatically or cannot be understood from the individual meanings of its elements. For example, an English speaker would understand the phrase "kick the bucket" to mean "to die" – and also to actually kick a bucket. Furthermore, they would understand when each meaning is being used in context.
It takes two to tango is a common idiomatic expression which suggests something in which more than one person or other entity are paired in an inextricably-related and active manner, occasionally with negative connotations.
Damning with faint praise is an English idiom, expressing oxymoronically that half-hearted or insincere praise may act as oblique criticism or condemnation. In simpler terms, praise is given, but only given as high as mediocrity, which may be interpreted as passive-aggressive.
Formosa Betrayed is a 1965 book written by George H. Kerr, a US diplomatic officer in Taiwan, who witnessed the February 28 Incident, and the corruption and killings committed by the Kuomintang in Taiwan after World War II. It is one of the most influential books about Taiwan's transition from Japanese colonial rule. Kerr was working for the American Foreign Service at the time of the transition, and was present in Taiwan during the KMT occupation and resulting aftermath. Formosa Betrayed sharply rebuked the Nationalist administration and made arguments in favor of Taiwanese independence.
Comprised of is an expression in English that means "composed of". This is thought by language purists to be improper because to "comprise" can already mean to "be composed of". By that definition, "comprised of" would be ungrammatical as it implies "composed of of". However, another widely accepted definition of to "comprise" is to "compose", hence the commonly accepted meaning of "comprised of" as "composed of".