The book
Writing is only good or bad relative to the author's tacit stance on deep questions like whether truth is knowable, according to Francis-Noel Thomas and Mark Turner in their contrarian book, Clear and Simple as the Truth: Writing Classic Prose (2nd ed. 2011). While no style is in an absolute sense better than another, they propose to explain and teach the style “classic prose,” which they recommend for its perpetual reinvention as the instrument of choice for broad influence.
Although written
mostly in classic style, the book itself is in ways disappointingly
unclassic. Rather than creating an elegantly seamless work as the classic
style encourages, the book is divided into three unequal parts: the Essay
(captivating), the Museum (repetitious), and the Studio (painfully dull; for starter,
describe a visual scene orally to a friend).
Fortunately, construal-level theory affords insight into the mental states of writer and reader that can bypass the Studio's tedious exercises. From construal-level theory, I’ve adapted the distinction between writing that is self-contained, nuanced, and impartial (far-mode and “deeply formal”) and writing that is context dependent, simplified, and overt (near-mode and “deeply” informal). That distinction pertains to the author’s stance; another distinction pertains to the objective: influential writing might present the author’s independent thinking and seek to change the reader’s opinion or describe his considered belief, dependent on what others opine. Opinion is near-mode and is related to the words agents say to themselves in self-justification; belief is far-mode and is applied more often to others than to oneself.
My reinterpretation
Fortunately, construal-level theory affords insight into the mental states of writer and reader that can bypass the Studio's tedious exercises. From construal-level theory, I’ve adapted the distinction between writing that is self-contained, nuanced, and impartial (far-mode and “deeply formal”) and writing that is context dependent, simplified, and overt (near-mode and “deeply” informal). That distinction pertains to the author’s stance; another distinction pertains to the objective: influential writing might present the author’s independent thinking and seek to change the reader’s opinion or describe his considered belief, dependent on what others opine. Opinion is near-mode and is related to the words agents say to themselves in self-justification; belief is far-mode and is applied more often to others than to oneself.
The relevant
styles for legal writing that Thomas and Turner present are those that respect the
Writing Virtues, Clarity and Concision. The chart below depicts the relevant
styles—plain, practical, and classic—each derived from a combination of the
level at which the author construes the message (STANCE) and its aim (TARGET).
The difference
between practical style and classic style is that practical style addresses belief and it aims, accordingly, to persuade; whereas the classic style
addresses opinion and aims to convince. Thomas and Turner consider the
in-house legal memorandum addressed to a superior prototypical practical style,
and legal briefs, too, are mainly written in that style. The practical style
in legal application doesn’t hesitate to be explicitly argumentative because
the legal advocate can’t hide his partiality, as required by the classic style.
Yet the more classical a brief can be made, the better; the classic style is
the most effective for changing opinion. A brief must address the judge’s
beliefs by citing authorities, but it will accomplish the most reliable results
by reaching further to the judge’s personal impressions. Often, the facts section can be written in
classic style.
Where the
practical style and the classic style differ from the plain style is their
self-contained deep
formality. This detachment and distance is key to writing intending to be
influential—whether convincing or merely persuasive—and the progressively
duller second and third parts of the book attempt to teach it by having the
reader master and extend the “classic visual scene,” which consists of equal conversationalists
viewing the same surroundings with reciprocal knowledge of their common perceptions.
The presentation of this scene, without the unarticulated gaps that pervade near-mode communication, amounts to approaching composition in far-mode. The plain style, often purveyed as the model for contemporary writers, imitates near-mode
communication and lacks the detached explicitness and nuance of far-mode
communication.
My advice
If you can move
your legal writing toward classic prose, you will improve it, but classic prose
is difficult to produce because it adapts a far-mode stance to the representation of
near-mode thought, allowing its dispassionate exploration. This is unnatural to
perform because in relating our opinions
we naturally assume a rich, shared context. But for influential writing, classic
prose ranks highest on the Writing Virtues, as this chart depicts.
The pattern above
is that as the style comes to invoke an increasingly far-mode stance the writing
becomes less fluent but more cohesive and selectively omissive. Near-mode thought
is capable of superior articulation into parts, but far-mode affords the
superior sense of a cohesive whole and inattention to the incidental. The plain
to classic dimension trades
off fluency for cohesion and omission, and for influential writing addressed
to serious, interested readers this advances both Writing Virtues.
My conclusion
Some
commentators lay great stress on the deceptiveness of the classic style,
which conveys false tacit assumptions, such as the flattering appraisal that
the reader is truly interested in finding truth. Construal-level theory implies
these conventions are idealizations, employed by far-mode to grasp the
essential and exclude the distracting. Idealization is emblematic of far-mode
cognition. Thomas and Turner contend that all styles have characteristic epistemological
stands, but construal-level theory implies that that idealizations aren’t as
prominent in near-mode writing styles.
[Developed further in Three senses of "conversational" writing.]
[Developed further in Three senses of "conversational" writing.]