Federal Plain Language Guidelines, March 2011,
Rev. 1, May 2011 43
Never include regulatory or other substantive material
in definitions
Not only is this common sense — your user doesn’t expect substantive material in the
definitions section — but for regulations it’s a requirement of the Office of the Federal
Register.
Consider this “definition” in Title 43 Part 3480 — Coal Exploration and Mining
Operations:
Maximum economic recovery (MER) means that, based on standard industry
operating practices, all profitable portions of a leased Federal coal deposit
must be mined. At the times of MER determinations, consideration will be
given to: existing proven technology; commercially available and
economically feasible equipment; coal quality, quantity, and marketability;
safety, exploration, operating, processing, and transportation costs; and
compliance with applicable laws and regulations. The requirement of MER
does not restrict the authority of the authorized officer to ensure the
conservation of the recoverable coal reserves and other resources and to
prevent the wasting of coal.
Hiding in this long passage is the definition, “Maximum economic recovery (MER)
means the mining of all profitable portions of a leased Federal coal deposit, based on
standard industry operating practices.” All the rest of the material belongs in the
substantive parts of the regulation.
Don’t define words you don’t use
Again, this seems obvious. But writers seem to automatically define terms they think
they might use, but don’t. This can be very confusing for the audience, who expects to
read something about the topic but can’t find it in the document.
Sources
Cohen, Morris, Reason and Law, 1950, The Free Press, Glencoe, IL, p.77.
Dickerson, Reed, Fundamentals of Legal Drafting, 1986, 2
nd
edition, Little, Brown and Company,
Boston and Toronto, pp. 137, 144.
Flesch, Rudolf, How to Write in Plain English, A Book for Lawyers and Consumers, 1979, Harper and
Rowe, New York, pp. 58-69, 79.
Garner, Bryan A., A Dictionary of Modern Legal Usage, 2
nd
edition, 1995, Oxford University Press,
Oxford and New York, p. 257-258.