Periphrasis: A Comprehensive Guide to Its Legal Definition
Definition & meaning
Periphrasis is a term derived from Latin that describes a way of expressing an idea through indirect or roundabout language. It involves using more words than necessary to convey a message, often leading to a circumlocution, which is a form of speech that avoids directness. This technique can be found in various forms of communication, including literature, speech, and legal writing.
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In legal practice, periphrasis may be used to clarify complex legal concepts or to provide detailed explanations in documents. It is often found in:
Legal briefs
Contracts
Testimonies
While periphrasis can enhance understanding, it may also complicate legal texts, making it essential for legal professionals to balance clarity with thoroughness. Users can manage their legal documents effectively using templates available through US Legal Forms, which are designed by experienced attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A lawyer might say, "The individual in question has not complied with the regulations" instead of simply stating, "The person did not follow the rules." This is a periphrastic way of conveying the same information.
Example 2: In a contract, instead of saying "You must pay," a periphrastic approach might be, "It is required that the payment be made by the specified date." (hypothetical example)
Comparison with Related Terms
Term
Definition
Key Differences
Circumlocution
The use of many words to say something that could be said more clearly.
Circumlocution is a broader term that includes periphrasis as a specific type of indirect expression.
Direct speech
Speaking plainly and straightforwardly.
Direct speech avoids the complexities of periphrasis and circumlocution.
Common Misunderstandings
What to Do If This Term Applies to You
If you encounter periphrasis in legal documents, consider the following steps:
Assess whether the language enhances or obscures understanding.
Use templates from US Legal Forms to create clear and concise documents.
If you find the language too complex, consult a legal professional for assistance.
Quick Facts
Common Usage: Legal documents, speeches, literature
Potential Benefits: Clarity, detail
Potential Drawbacks: Confusion, verbosity
Key Takeaways
FAQs
Periphrasis is a method of expression that uses indirect language to convey a message.
It is often used to clarify complex legal concepts or provide detailed explanations in legal documents.
Yes, when used appropriately, it can enhance understanding and provide clarity.