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Implicit vs Explicit Parentheticals

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Legal Method and Writing

Definition

Implicit and explicit parentheticals are tools used in legal writing to provide additional information or clarification within a sentence. Explicit parentheticals clearly state the relationship between the cited material and the point being made, often framed as direct explanations or statements. Implicit parentheticals, on the other hand, subtly suggest the relationship without explicitly stating it, relying on the context to convey meaning, which can make them less direct but more fluid in writing.

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5 Must Know Facts For Your Next Test

  1. Explicit parentheticals often use phrases like 'this means' or 'this illustrates' to clearly link the citation to the writer's argument.
  2. Implicit parentheticals might rely on phrases such as 'see' or 'cf.' that suggest a connection without stating it outright.
  3. Using explicit parentheticals can enhance clarity, especially when dealing with complex legal concepts.
  4. Implicit parentheticals can create a more fluid narrative but may require careful construction to ensure the reader understands the intended meaning.
  5. Both types of parentheticals serve important functions in legal writing, as they help clarify relationships between citations and arguments.

Review Questions

  • How do explicit parentheticals improve clarity in legal writing?
    • Explicit parentheticals improve clarity by clearly stating the relationship between a citation and the argument being presented. They often include direct phrases that summarize or explain how the cited material supports the point being made. This helps readers follow the writer's reasoning without ambiguity, making complex legal concepts more accessible and understandable.
  • What are some potential drawbacks of using implicit parentheticals in legal documents?
    • The main drawback of using implicit parentheticals is that they can lead to misunderstandings if the connections between the citation and the argument are not clear. Since implicit parentheticals rely on context rather than direct statements, readers may misinterpret the intended relationship. This can be particularly problematic in legal writing, where precision is crucial, potentially undermining the strength of an argument or leading to confusion.
  • Evaluate how a writer might balance implicit and explicit parentheticals for effective legal communication.
    • A writer can balance implicit and explicit parentheticals by strategically using each type depending on the complexity of the argument and the audience's familiarity with the subject matter. For simpler concepts, implicit parentheticals may suffice to maintain a fluid narrative. However, when dealing with more complex issues or when clarity is paramount, incorporating explicit parentheticals ensures that readers grasp the connections clearly. This balance allows for a more engaging writing style while still maintaining precision and clarity in legal communication.

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