36 A Preliminary Diction Study
woman because she will always fall within this broad exception to the rule.
In fact, that is the overarching question when dealing with statutory
construction and phrasing exceptions to exceptions to the general rule:
how do you qualify enough so that all the rights are carefully calibrated in
relation to others, without slipping into the tendency of using words that
are too ambiguous or general that they become weightless in the face of
the law? How do you disclaim enough without amounting to a circuitous
and almost toothless law? Legislation has not found it an easy task to walk
this tensioned line between over-generalization and over-specification, but
to not contend with the actually balance that must be struck will more
gravely amount to a law may allow it to be subjected to the whims, legalmaneuvering and creative and interpretative imaginations of those who
seek to tailor-fit the law to a vast variety of conflicting interests.
It is true that legislative writing has a long and well-established
tradition and the style of legal documents has become firmly standardized,
with the inevitable result that drafters may tend to become comfortable
with the tried, tested, time-honored and formulaic linguistic expressions
and the style of writing over a period of time. This should be an important
point that drafters and legal scholars may well give close attention to, since
legislative writing is a right-conferring and/or obligation-imposing writing
activity.
In general, the Magna Carta of Women does stand faithful to
the goal of achieving not a reverse dominance of women over men, but
equality and equity for all, regardless of gender. In the fine, it does have
provisions and clauses that are not as accurately phrased, so that they open
up crevices for repression, oppression, abuse and misuse to seep into the
otherwise watertight gender-equality law.
This paper does not seek to insist that the final draft of the Magna
Carta of Women is weak and unhelpful. It does propose that a closer study
at the language of the law should be done in order to scrutinize and see
whether the words employed actually embody the ideas they ought to
contain. Rights and duties are bestowed and taken away with just words in
the written law. So that more often than not, in constitutional case battles,
the fight between clients and their opposing counsels boil down to a war
of semantics. Now, if words used in laws are not carefully chosen and
deliberately reviewed, and they do not stand exactly and truthfully for the
spirit of the law which they seek to convey, then nothing will stop anyone
from performing semantic gymnastics over, beyond and between the lines
of the provisions, so that the law is summarily rendered useless and empty
– a mere scrap of paper.