Mark Liberman at Language Log has an interesting and depressing post about how lawyers pick up crazy ideas about language. He quotes John W. Brewer:
… a key part of law review culture is a hyperlegalistic concern with details of style and usage, and an almost pathological fear of exercising discretionary judgment among plausible alternatives. For any style/usage issue, the notion is that there must be a rule, and you can look the rule up in an authoritative source, and once you’ve done that you should follow the rule strictly, both in your own writing and especially in seizing opportunities to make petty corrections to the writing of others. The so-called “Blue Book” provides most of the obsessive-compulsive detail on matters of abbreviation and the like (should the U.S. Court of Appeals for the Second Circuit be abbreviated “(2d Cir.)” or “(2nd Cir.)”? For God’s sake, don’t guess! Look it up!). But it doesn’t deal directly with many issues of prose style where people like this intuitively sense that There Must Be a Rule. For that, many law review types use as their authoritative source the Texas Law Review Manual of Usage and Style (MoUS), which I dimly recall from unhappy encounters with it circa 1990 as having a particularly obsessive and wrongheaded view of the that/which issue…
While as an editor I certainly object to the idea that looking up matters of style is “obsessive-compulsive,” it is unfortunate that so many style manuals take prescriptivism to absurd lengths, and apparently this is worst than most. But that’s not the half of it; Mark quotes Richard Posner’s “Against the Law Reviews,” where I learned the horrid truth about how law reviews work:
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