![]() ![]() While the singular “they” is widespread in vernacular English (and even appears in the works of Shakespeare), in the last two centuries, grammarians have deprecated that usage in favor of “he” as the default pronoun. Some background: English lacks a gender neutral, third-person singular pronoun. The foregoing shall also encompass “she” and “he ” “her” and “him ” “her” and “his ” and “herself” and “himself,” respectively. As used in this, the capitalized term “They” shall be the third-person gender-neutral singular subjective pronoun the capitalized term “Them” shall be the third-person gender-neutral singular objective pronoun the capitalized term “Their” shall be the third-person gender-neutral singular possessive pronoun and the capitalized term “Themselves” shall be the third-person gender-neutral singular reflexive pronoun. The following is an example of the clause we use (and you should use, too!): Our solution at Baker Thomas is to define the term “They” within our documents so that we can embrace the singular “they” and avoid any perceived ambiguity. This is not merely an argument about semantics, but an important opportunity to validate the existence of non-binary individuals in the fabric of our legal framework.Īs corporate lawyers, we often encounter gendered pronouns in contracts where language must be precise and incontrovertible. Second, we are forced to use alternative gender-neutral language that is awkward at best, and ambiguous at worst. First, we risk alienating clients by wrongfully assuming that every natural person identifies as a binary “he” or “she”. The alternatives to embracing the singular “they” are far worse than committing a grammar faux pas. So, it comes as no surprise that many legal writing experts continue to claim that the singular “they” must be avoided it at all cost. Tradition and process work together to legitimize our legal system. We even still affix shiny seals to stock certificates to hide the fact that they’re just paper. We still wear fourteenth-century wigs (here’s looking at you England). ![]() We still use Latin and Norman French in our contracts. We use centuries old rules and procedures to turn logical constructs into legal realities – corporations, property rights, due process. It is time to embrace the singular “they,” but the legal profession is, by design, slow to change.
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