Passive voice

Definition

Passive voice is a grammatical construction where the subject of the sentence receives the action rather than performing it. In legal writing, using passive voice can sometimes obscure who is responsible for an action, which is particularly relevant in contexts where clarity and accountability are critical.

5 Must Know Facts For Your Next Test

1. In legal writing, passive voice can lead to ambiguity by not clearly identifying who performed an action, which may hinder understanding.
2. While passive voice can be useful for emphasizing the action or result rather than the actor, overuse can create a vague narrative that detracts from legal arguments.
3. Legislative drafting often aims for clarity and accountability, making active voice more preferable in many instances to clearly identify parties responsible for actions.
4. Using passive voice in persuasive legal writing can weaken an argument by making it less direct and less engaging for the reader.
5. It's important to strike a balance between passive and active voice to maintain clarity while effectively conveying complex legal information.

Review Questions

• How does passive voice impact clarity and responsibility in legal writing?
  • Passive voice impacts clarity by making it less clear who is responsible for an action. When the actor is omitted or downplayed, it can lead to ambiguity, which is problematic in legal contexts where understanding responsibility is crucial. For instance, saying 'The contract was signed' doesn't specify who signed it, potentially confusing the reader about accountability.
• Discuss the advantages and disadvantages of using passive voice in legislative drafting.
  • One advantage of using passive voice in legislative drafting is that it can emphasize the action itself rather than the actor, which may be useful when focusing on outcomes. However, a significant disadvantage is that it can obscure who is responsible for certain actions or obligations, leading to confusion or misinterpretation of the law's intent. Legislative drafts aim for clarity, so excessive use of passive voice can detract from that goal.
• Evaluate how the use of passive voice versus active voice influences persuasive arguments in legal writing.
  • The choice between passive and active voice significantly influences persuasive arguments. Active voice tends to create more engaging and powerful statements, making arguments more compelling and easier for readers to follow. In contrast, passive voice can dilute the strength of an argument by making it less direct and harder to understand. A persuasive piece that relies too heavily on passive constructions may fail to convince the reader of its points due to a lack of clarity and forcefulness.

Related terms

Active voice: A grammatical structure where the subject performs the action of the verb, typically resulting in clearer and more direct sentences.

Clarity:

The quality of being easily understood, which is essential in legal writing to ensure that the audience comprehends the intended message.

Legal precision: The accuracy and attention to detail required in legal writing, ensuring that terms and phrasing convey the exact meaning without ambiguity.