Margaret N. Kniffin, the author of “Conflating and Confusing Contract
Interpretation and the Parole Evidence Rule: Is the Emperor Wearing Someone
Else’s Clothes?” is a professor of Law at St. John’s University School of Law.
Her article, written for the Rutgers Law Review, was intended for an audience who
is interested in political science and economics. Moreover, those who are
interested in understanding the confusing aspects between “contract
interpretations with the parole evidence rule.” She laments about the
“injustices that occurs in the courts, as well as, eminent scholars” in
drafting and designing these documents. This sounds like a noble cause, and through
her prose style creates a piece that has reasonable readability scores. (See
Table 1) However, in attacking others for verbose definitions, she
inadvertently uses the official style and fails in bringing any greater
comprehension to the issue. Kniffin writes a piece, influenced by bureaucratic
prose, to appeal to academic standards of scholarly research.
Her first strategy is to provide
clarification on the issue of contract law and the parole evidence rule.
Confusingly, she introduces her essay with extended metaphors and confusing
images. One reoccurring motif seen in her article is that of the Emperor and
his new clothes. She uses that story to bolster her definitions of contracts
and parole rule. However, she takes a spin on the story and adds a co-protagonist.
She describes both an emperor and an empress.
“Let us
assume that the Emperor and an Empress share power equally. Each one can represent, therefore, either contract
interpretation or the parole evidence rule, two
currently and historically distinct concepts...”
It’s essentially the same childhood story, but with a twist. Both
individuals or concepts act in the manner of the original protagonist of the
story. This extended metaphor is not needed. It is a stylistic choice that
creates unneeded confusion. Would the “average American reader” understand that
references? Yes, her intended audience would, but others would not.
Essentially, if the reader doesn’t understand the metaphor, the rest of the
essay is useless.
Evidence of official
style elements rears its ugly head throughout Kniffin’s essay. In this piece,
this strategy is used to establish ethos, and satisfy an unwritten law of
academic writing. This law states: the only way to sound intelligent is to
write using high-grade word choice. An example from the text is: “Those
courts that have conflated or interchanged the two processes have, as a result,
in many instances excluded evidence that otherwise would have been admitted or,
conversely, admitted evidence that otherwise would have been excluded – thereby
producing injustice.” Simply put this quote says: “From
time to time, the court has confused contraction interpretation with the parole
rule.” Using the official style adds two times as many words, leading to
more chance of confusion. In this example, a sentential adverb, unneeded
modifiers, and unneeded coordination aid in bringing misunderstanding. Ironically, her purpose is to bring
understand, however, within her prose she uses euphemism and jargon that
confuses readers. The expected use of the bureaucratic prose style, in
academia, shrouds the simplicity of this meaning in a verbose sentence.
Academia clings and praises the bureaucratic
prose style. This can be seen through Kniffin’s excessive use of this style of
prose. She uses this style because as a member of this community, she must
project this ethos. Academia primarily uses official style to convey
credibility, intelligence, and superiority upon its audiences. In
acknowledgement, her intended audience is not the mythical “average American
reader.” Rather the activity system most active and influential in her audience
is one born and christened in the art of the official prose style. Caught in a
conflict between individuals who expect her to write one way, and her goal off
bringing enlightenment on the issue, she concedes to the former. As an academic
scholar writing for a Law Review, certain elegance is expected in word choice,
diction, and overall syntax. Through use of this style she alienates other
readers. Specific, and learned strategies of the official style are evident in
Kniffin’s essay as well. These learned strategies are byproducts of expected
academic work. In appealing to this intended audience, she causes a dissonance
with other activity systems. Communities of individuals who seek knowledge on
the issue, “average American readers” and, arguably those who even hold
prerequisite knowledge still leave unsatisfied. At what point does one
criticizes her own crusade as being ironically the same thing she despises.
Academia is a huge proponent of the official
style, however, intentional confusion is not part of the ideals. Greater
specialization in academia breeds specific and obscure words. These specific
and obscure words are then used in essays and other academic texts. In certain
instances these specific words are needed. However, in other instances it
inhibits understanding. In some instances this strategy is imperative, however
in the vast majority it is not. Reaffirming journals, which only accept
bureaucratic style, feeds this mentality. In the end, the bureaucratic style
remains because it symbolizes intelligence and specialization. Kniffin, in her
essay is appealing to these roles. False myths affirm that authority figure
must articulate in this capacity. She does not understand that the use of this
language is not needed. Greater understanding would be achieved by using a
simpler strategy. This would truly result in truly bringing understanding to
the parole evidence rule and contracts.
Table 1. Readability Statistics for Kniffin Text
Measurement
|
Unit of Measure
|
Flesh-Kincaid Reading Ease
|
29.0
|
Flesh-Kincaid Grade Level
|
14.8
|
Smog Index
|
13.6
|
Average Grade Level
|
14.8
|
Words per Sentence
|
22.5
|