Incomprehensible!
A Study of How Our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
Wendy Wagner author Will Walker author
Format:Paperback
Publisher:Cambridge University Press
Published:11th Jul '19
Currently unavailable, and unfortunately no date known when it will be back
Explains how the law often encourages actors to be incomprehensible in ways that actually undermine the purpose of the laws themselves.
Contracts, patents, regulations, disclosures, and legislation are often premised on the foundational assumption that 'more information is better'. These legal programs do not insist, however, that the information and associated communications be comprehensible. This book outlines the problem of incomprehensibility across legal fields and offers suggestions for reform.The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does not have to be this way. Incomprehensible! argues that surrendering to incomprehensibility is a bad mistake. Drawing together evidence from diverse fields such as consumer protection, financial regulation, patents, chemical control, and administrative and legislative processes, this book identifies a number of important legal programs that are built on the foundational assumption that 'more information is better'. Each of these legal processes have been designed in ways that ignore the imperative of meaningful communication. To rectify this systemic problem, the law must be re-designed to pay careful attention to the problem of incomprehensibility.
'Using a wide variety of legal fields, Wagner and Walker unpack how asymmetrical comprehension or information dictates a price point at which people will stop seeking to understand but instead pay a cost to have someone else understand for them.' Ashley Pearson, International Journal for the Semiotics of Law
'I found this book well researched and meticulously referenced … I would recommend it for academic and government audiences, particularly those interested in regulatory reform.' David H. Michels, Canadian Law Library Review
'This is a valuable read for students, academics, and practitioners.' F. E. Knowles, Choice
ISBN: 9781107400887
Dimensions: 228mm x 152mm x 17mm
Weight: 590g
356 pages