And/or
<templatestyles src="Module:Hatnote/styles.css"></templatestyles>
And/or (also and or) is a grammatical conjunction used to indicate that one or more of the cases it connects may occur. For example, the sentence "He will eat cake, pie, and/or brownies" indicates that although the person may eat any of the three listed desserts, the choices are not exclusive; the person may eat one, two, or all three of the choices.
It is used to describe the precise "or" in logic and mathematics, while an "or" in spoken language might indicate inclusive or or exclusive or.
And/or has been used in official, legal and business documents since the mid-19th century, and evidence of broader use appears in the 20th century.[1]
Criticism
References on English usage strongly criticize the phrase as "ugly" (Fowler's English Usage)[2] and "Janus-faced"[3] (Chicago Manual of Style 16th edition). William Strunk, Jr. and E.B. White, in their classic The Elements of Style, say "and/or" is "A device, or shortcut, that damages a sentence and often leads to confusion or ambiguity."[4] Roy H. Copperud, in A Dictionary of Usage and Style, says that the phrase is "Objectionable to many, who regard it as a legalism."[5]
Two alternatives have been proposed. The first is to replace it with x or y or both.[2][4] The second is to simply use or and rely on context to determine whether the "or" is intended to be inclusive or exclusive.[3] The word either can be used to convey mutual exclusivity. "When using either as a conjunction, [it can be applied] to more than two elements in a series."[6] Thus, "He will eat either cake, pie, or brownies" appropriately indicates that the choices are mutually exclusive. If the function of or is clear from the context, it is not necessary to use either as a conjunction:
Person 1: You may select one item for dessert.
Person 2: What are my choices?
Person 1: You may eat cake, pie, or brownies.
Legal criticism
The phrase has come under criticism in both American and British courts.[7] Judges have called it a "freakish fad," an "accuracy-destroying symbol," and "meaningless."[7] In a Wisconsin Supreme Court opinion from 1935, Justice Fowler referred to it as "that befuddling, nameless thing, that Janus-faced verbal monstrosity, neither word nor phrase, the child of a brain of someone too lazy or too dull to know what he did mean."[8] The Kentucky Supreme Court has said it was a "much-condemned conjunctive-disjunctive crutch of sloppy thinkers."[7] Finally, the Florida Supreme Court has held that use of "and/or" results in a nullity, stating
... we take our position with that distinguished company of lawyers who have condemned its use. It is one of those inexcusable barbarisms which were sired by indolence and damned by indifference, and has no more place in legal terminology than the vernacular of Uncle Remus has in Holy Writ. I am unable to divine how such senseless jargon becomes current. The coiner of it certainly had no appreciation for terse and concise law English.[9]
However, other authorities point out that it is usually quite unambiguous, and can be the most efficient way to indicate inclusive or. Adams and Kaye said, "It does, after all, have a specific meaning—X and/or Y means X or Y or both." [10]
The legal usage authority Bryan A. Garner stated that use of the term is particularly harmful in legal writing because a bad-faith reader of a contract can pick whichever suits him or her, the and or the or.[11] Courts called on to interpret it have applied a wide variety of standards, with little agreement.[12]
See also
 |
Look up and/or in Wiktionary, the free dictionary. |
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 2.0 2.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 4.0 4.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Jane Straus, Lester Kaufman & Tom Stern, The Blue Book of Grammar and Punctuation (11th ed.), p. 22.
- ↑ The American Heritage Book of English Usage. "Grammar: Traditional Rules, Word Order, Agreement, and Case" bartleby.com URL accessed on August 31, 2006.
- ↑ 7.0 7.1 7.2 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ In the case of Employers Mutual Liability Insurance Co. v. Tollefson, 263 N.W. 376 at 377 (1935).
- ↑ Cochrane v. Fla. E. Coast Rwy. Co., 145 So. 217 (1932). See also Henry P. Trawick, Jr., Florida Practice & Procedure § 6:7 (2011-2012).
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Garner, Bryan A. "Looking for words to kill? Start with these." Student Lawyer 35.1 (2006): 12-14. American Bar Association.
- ↑ Lua error in package.lua at line 80: module 'strict' not found. Cited works include David Mellinkoff, The Language of the Law (Little Brown 1963) and Larry Solan, The Language of Judges (Chicago 1993).
