The law falls back to a bunch of hidden rules if the language isn’t explicit.
“No vehicles in the park” is a simple rule, but then poses problems when you have to ask whether that includes baby strollers, regular bicycles, or electric assist bicycles, whether there’s an exception for ambulances in an emergency, etc.
Somewhat famously, there was a case a decade or so ago where someone was prosecuted under Sarbanes Oxley’s obstruction of justice provisions, passed to criminalize Enron-like accounting coverups. The guy was convicted for tossing undersized fish overboard to avoid prosecution for violating fish and wildlife rules. The statute made it a crime for anyone who “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence” a federal investigation. So the Supreme Court had to figure out whether a fish is a “tangible object” in the meaning of the law, when it is clearly a “tangible object” within the normal meaning of the term, but not the type of object that stores records, as everything else described in the criminal statute.
So that just means, in the end, simplicity of language can betray complexity of meaning underneath. Lawyers tend to prefer to make things clear up front so that there’s no uncertainty later on, and that just leads to unreasonably complicated language.
The law falls back to a bunch of hidden rules if the language isn’t explicit.
“No vehicles in the park” is a simple rule, but then poses problems when you have to ask whether that includes baby strollers, regular bicycles, or electric assist bicycles, whether there’s an exception for ambulances in an emergency, etc.
Somewhat famously, there was a case a decade or so ago where someone was prosecuted under Sarbanes Oxley’s obstruction of justice provisions, passed to criminalize Enron-like accounting coverups. The guy was convicted for tossing undersized fish overboard to avoid prosecution for violating fish and wildlife rules. The statute made it a crime for anyone who “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence” a federal investigation. So the Supreme Court had to figure out whether a fish is a “tangible object” in the meaning of the law, when it is clearly a “tangible object” within the normal meaning of the term, but not the type of object that stores records, as everything else described in the criminal statute.
So that just means, in the end, simplicity of language can betray complexity of meaning underneath. Lawyers tend to prefer to make things clear up front so that there’s no uncertainty later on, and that just leads to unreasonably complicated language.