The Elements of Drafting

"The Elements of Drafting" by Edmund Leolin Piesse, James K. Aitken, and Peter Butt is a comprehensive guide to the principles and practices of drafting legal documents. Here is a detailed overview of the book:

Key Themes

1. Practical Drafting Guide: The book is designed as a practical resource for practitioners, students, and parliamentary drafters. It focuses on the essential elements of drafting, making it a useful tool for those involved in the preparation of legal documents.

2. General Principles: The book covers general principles of drafting, including the use of definitions, constructions, and the arrangement of sentences and paragraphs.

3. Language and Style: It emphasizes the importance of clear and concise language, advising against the use of archaic words and Latin expressions. The book advocates for the use of plain language and the active voice in drafting legal instruments.

4. Drafting Aids: The book includes a chapter on drafting aids, which provides guidance on tools and techniques to enhance the drafting process.

5. Time Provisions: A significant section is dedicated to expressions relating to time, offering practical advice on drafting time provisions where exact certainty is not possible.

Plot Summary

The book does not have a narrative plot but rather a structured approach to teaching drafting techniques. It is organized into chapters that cover various aspects of drafting, including:

1. Basics
2. General Principles
3. Sentences and Paragraphs
4. Arrangement and Order
5. Definitions
6. Language
7. “Shall”
8. Problems of “And” and “Or”
9. Various Words and Constructions
10. Drafting Aids
11. Expressions Relating to Time

Each chapter provides detailed examples and case studies to illustrate key points, making the content clear and accessible.

Critical Reception

The book has received positive reviews for its practical approach and comprehensive coverage of drafting techniques. Here are some highlights from available reviews:

• Usefulness: The book is praised for its utility in modern drafting techniques, providing valuable insights into the use of plain language and the active voice.

• Relevance: Despite being published in 1995, the ninth edition of the book remains relevant due to its focus on timeless principles of drafting, such as the importance of clear language and precise time provisions.

• Helpfulness: One reviewer found the chapter on expressions relating to time particularly helpful, acknowledging that it assists in drafting time provisions where exact certainty is not possible.

However, there is no comprehensive critical reception available for the tenth edition specifically. The ninth edition's review suggests that it is a useful text for honing drafting skills, but it does not advocate for its acquisition by those seeking to master advanced techniques.

Editions

The book has been published in multiple editions, with the tenth edition being available in a convenient-sized book format. The ninth edition, which was reviewed, covers similar topic areas but with some revisions to reflect modern drafting practices.

In summary, "The Elements of Drafting" by Edmund Leolin Piesse, James K. Aitken, and Peter Butt is a practical and comprehensive guide to the principles of drafting legal documents. It emphasizes clear language, active voice, and practical drafting techniques, making it a valuable resource for practitioners and students alike.