Wikipedia / Legal doublet
Wikipedia / Legal doublet
A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by and, such as cease and desist.
The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another. Situations include in Britain, where a native English term is joined to a Latin or Law French term, and in Romance-speaking countries, where a Latin term is joined to the vernacular. To ensure understanding, the terms from both languages were retained and used together. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms and form irreversible binomials. The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to desist and cease or to have property owned clear and free rather than the standard free and clear term.
In other cases the two components have differences which are subtle, appreciable only to lawyers, or obsolete. For example, ways and means, referring to methods and resources respectively, are differentiable, in the same way that tools and materials, or equipment and funds, are differentiable—but the difference between them is often practically irrelevant to the contexts in which the irreversible binomial ways and means is used today in non-legal contexts as a mere cliché.
Doublets may also have arisen or persisted because the solicitors and clerks who drew up conveyances and other documents were paid by the word, which tended to encourage verbosity.
Their habitual use has been decried by some legal scholars as "redundant" and "superfluous" in modern legal briefs.
List of common legal doublets
acknowledge and confess
all and sundry
alter or change
amity and commerce
appropriate and proper
as and when
bind and obligate
by and between
can and will
care and attention
covenant and agree
cruel and unusual
deem and consider
demise and lease
depose and say
drunk and disorderly
due and payable
expressed or implied
facts and circumstances
final and conclusive
fit and proper
for and on behalf of
foul and abusive language
from now and henceforth
full faith and credit
furnish and supply
goods and chattels
have and hold
heirs and successors
indemnify and hold harmless
keep and perform
kind and nature
legal and valid
let or hindrance
lewd and lascivious conduct
liens and encumbrances
make and enter into
mind and memory
mines and minerals
over and above
part and parcel
perform and discharge
plain and ordinary
power and authority
renounce and abjure
representations and warranties
reside or be found
rules and regulations
sale or transfer
signed and sealed
sole and exclusive
successors and assigns
then and in that event
true and correct
use and wont
wear and tear
List of common legal triplets
arbitrary, capricious and unreasonable
cancel, annul and set aside
convey, transfer and set over
give, devise and bequeath
grant, bargain and sell
name, constitute and appoint
null, void and of no effect
tamper with, damage, or destroy
ordered, adjudged and decreed
peace, amity and commerce
remise, release and forever quit claim
rest, residue and remainder
right, title and interest
signed, sealed and delivered
to all intents, constructions and purposes
way, shape or form
See also
References