Gender and number: Overview, definition, and example
What are gender and number?
Gender and number are grammatical elements that define how words are used and relate to the people, things, or concepts they describe. In legal and contractual language, gender and number are important for ensuring that the meaning of the document is clear and consistent.
- Gender refers to whether a noun is masculine, feminine, or neutral. In English, gender is often used to indicate the pronouns or terms that refer to individuals or entities, such as "he," "she," or "they." In legal language, gender typically refers to words that are inclusive of all genders, or it may specify the gender of a particular person if required.
- Number refers to whether a noun is singular or plural. This defines whether a word refers to one entity (singular) or more than one (plural). The number of the noun impacts how other parts of speech, such as verbs and pronouns, are structured in a sentence.
In legal contracts and documents, gender and number are important because they ensure that the terms are broad enough to apply to all parties involved, regardless of gender, and that references to singular or plural subjects are consistent.
Why are gender and number important?
Gender and number are important in legal documents because they help ensure clarity, inclusivity, and precision. Contracts, agreements, and legal texts need to be written in a way that leaves no room for ambiguity, and the correct use of gender and number ensures that all parties and situations are properly addressed.
- Gender ensures that the language is inclusive of all parties involved, avoiding potential discrimination based on gender.
- Number ensures that references to individuals, groups, or objects are consistent throughout the document, avoiding confusion about whether the terms apply to one or multiple entities.
In legal writing, it's important to use gender-neutral language when possible to avoid excluding or alienating any party. Similarly, ensuring that the number is correctly aligned with the subject of the sentence avoids misunderstandings about who or what is being referred to.
Understanding gender and number through an example
Imagine a contract between a company and a contractor. The document uses the term "party" to refer to both the company and the contractor. By using "party" instead of gendered terms like "he" or "she," the contract ensures that both the company and contractor are equally represented regardless of gender. The contract would also ensure that "party" is used consistently in both singular and plural forms, depending on the context.
For example, if the contract refers to one individual party, the language will correctly use "the party agrees." If referring to more than one, the contract will correctly use "the parties agree." This ensures that the contract applies to both single and multiple parties in a consistent manner.
An example of gender and number clause
Here’s how a gender and number clause might look in a contract:
“Wherever the singular number is used in this Agreement, it shall also mean the plural, and vice versa, as the context requires. The gender used in this Agreement shall be interpreted to refer to both male and female persons, as well as legal entities, unless the context clearly indicates otherwise.”
Conclusion
Gender and number are crucial elements in legal documents to ensure clarity, inclusivity, and accuracy. The proper use of gender and number avoids ambiguity, ensuring that the language reflects the intended meaning for all parties, regardless of gender or number. In legal writing, using gender-neutral language and ensuring consistent references to singular and plural entities help avoid confusion and ensure that the document applies to all relevant parties in a clear and equitable manner.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.