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And/or is an English
grammatical conjunction In grammar, a conjunction (List of glossing abbreviations, abbreviated or ) is a part of speech that connects Word, words, phrases, or Clause, clauses'','' which are called its conjuncts. That description is vague enough to overlap with those of ...
used to indicate that ''one, more, or all'' of the cases it connects may occur. It is used as an inclusive ''or'' (as in logic and mathematics), because saying "or" in spoken or written English might be inclusive or exclusive. The construction has been used in official,
legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
, and business
documents A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes a "teaching" or "lesson": ...
since the mid-19th century, and evidence of broader use appears in the 20th century. It has been criticized as both ugly in style—by many
style guides A style guide is a set of standards for the writing, formatting, and design of documents. A book-length style guide is often called a style manual or a manual of style. A short style guide, typically ranging from several to several dozen page ...
, including the classic ''
The Elements of Style ''The Elements of Style'' (also called ''Strunk & White)'' is a style guide for formal grammar used in American English writing. The first publishing was written by William Strunk Jr. in 1918, and published by Harcourt in 1920, comprising eight ...
'' (from William Strunk, Jr. and E.B. White)—and ambiguous in legal documents—by American and British
courts A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
.


Alternatives

Two alternatives have been proposed. The first, when used for just two items, is to replace "''x'' and/or ''y''" with "''x'' or ''y'' or both." The second is to simply choose which of ''and'' or ''or'' to use.


Mutual exclusivity

The word ''or'' does not entail mutual exclusivity by itself. The word ''either'' can be used to convey mutual exclusivity. "When using ''either'' as a conjunction, t can be appliedto more than two elements in a series." Thus, 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:


Criticism

References on English usage strongly criticize the phrase as "ugly" and "
Janus In ancient Roman religion and myth, Janus ( ; ) is the god of beginnings, gates, transitions, time, duality, doorways, passages, frames, and endings. He is usually depicted as having two faces. The month of January is named for Janus (''Ianu ...
-faced". William Strunk, Jr., and E.B. White, in their classic ''
The Elements of Style ''The Elements of Style'' (also called ''Strunk & White)'' is a style guide for formal grammar used in American English writing. The first publishing was written by William Strunk Jr. in 1918, and published by Harcourt in 1920, comprising eight ...
''–recognized by ''
Time Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' one of the 100 best and most influential non-fiction books written in English since 1923, say ''and/or'' is "A device, or shortcut, that damages a sentence and often leads to confusion or ambiguity". Roy H. Copperud, in ''A Dictionary of Usage and Style'', says that the phrase is "Objectionable to many, who regard it as a legalism".


Legal criticism

The phrase has come under criticism in both American and British courts. Judges have called it a "freakish fad", an "accuracy-destroying symbol", and "meaningless". In a
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
opinion from 1935, Justice Chester A. 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". The
Kentucky Supreme Court The Kentucky Supreme Court is the state supreme court of the U.S. state of Kentucky. Prior to its creation by constitutional amendment in 1975, the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of Ap ...
has said it was a "much-condemned conjunctive-disjunctive crutch of sloppy thinkers". Finally, the
Florida Supreme Court The Supreme Court of Florida is the state supreme court, highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geog ...
has denounced the use of "and/or", 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 Uncle Remus is the fictional title character and narrator of a collection of African American folktales compiled and adapted by Joel Chandler Harris and published in book form in 1881. Harris was a journalist in post–Reconstruction era Atlant ...
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.
Other authorities point out that it is usually quite unambiguous and can be the most efficient way to indicate the inclusive ''or'' in some contexts. Kenneth Adams, lecturer at the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Carey Law, or Penn Law; previously University of Pennsylvania Law School) is the law school of the University of Pennsylvania, a private Ivy League research university in Phi ...
, and Alan S. Kaye, professor of linguistics at
California State University The California State University (Cal State or CSU) is a Public university, public university system in California, and the List of largest universities and university networks by enrollment, largest public university system in the United States ...
, write, "It does, after all, have a specific meaning—''X and/or Y'' means ''X or Y or both''." However, the authors state that it should not be used in language of obligation. The legal usage authority
Bryan A. Garner Bryan Andrew Garner (born November 17, 1958) is an American legal scholar and lexicographer. He has written more than two dozen books about English usage and style such as ''Garner's Modern English Usage'' for a general audience, and others for l ...
stated that use of the term is particularly harmful in legal writing because a bad-faith reader of a contract can pick whichever suits them, the ''and'' or the ''or.'' Courts called on to interpret it have applied a wide variety of standards, with little agreement. Cited works include David Mellinkoff, ''The Language of the Law'' (Little Brown 1963) and Larry Solan, ''The Language of Judges'' (Chicago 1993).


See also

*
Logical conjunction In logic, mathematics and linguistics, ''and'' (\wedge) is the Truth function, truth-functional operator of conjunction or logical conjunction. The logical connective of this operator is typically represented as \wedge or \& or K (prefix) or ...
and
disjunction In logic, disjunction (also known as logical disjunction, logical or, logical addition, or inclusive disjunction) is a logical connective typically notated as \lor and read aloud as "or". For instance, the English language sentence "it is ...
* Comprised of * Etc. * ... * He/she


References

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