And/or
   HOME

TheInfoList



OR:

And/or (sometimes written and or) is an English
grammatical conjunction In grammar, a conjunction (abbreviated or ) is a part of speech that connects words, phrases, or clauses that are called the conjuncts of the conjunctions. That definition may overlap with that of other parts of speech and so what constitutes a ...
used to indicate that ''one or more'' (or even 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 language (or writing "or") 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,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
and business documents since the mid-19th century, and evidence of broader use appears in the 20th century. It has been criticized as both ugly in style and ambiguous in legal documents. Many style guides recommend against it.


Alternatives

Two alternatives have been proposed. The first is to (for just two items) replace and/or 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-faced". William Strunk, Jr., and E.B. White, in their classic ''
The Elements of Style ''The Elements of Style'' is an American English writing style guide in numerous editions. The original was written by William Strunk Jr. in 1918, and published by Harcourt in 1920, comprising eight "elementary rules of usage", ten "elementary ...
'', 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 highest appellate court in Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin. Location The Wi ...
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". The
Kentucky Supreme Court The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the U.S. state of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of ...
has said it was a "much-condemned conjunctive-disjunctive crutch of sloppy thinkers". Finally, the Florida Supreme Court 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 Atlanta, a ...
has in
Holy Writ Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual prac ...
. 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 Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and oldes ...
, and Alan Kaye, professor of linguistics at
California State University The California State University (Cal State or CSU) is a public university system in California. With 23 campuses and eight off-campus centers enrolling 485,550 students with 55,909 faculty and staff, CSU is the largest four-year public univers ...
, 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 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-functional operator of logical conjunction; the ''and'' of a set of operands is true if and only if ''all'' of its operands are true. The logical connective that represents thi ...
and
disjunction In logic, disjunction is a logical connective typically notated as \lor and read aloud as "or". For instance, the English language sentence "it is raining or it is snowing" can be represented in logic using the disjunctive formula R \lor S ...
* Comprised of *
Etc. ''Et Cetera'' ( or (proscribed) , ), abbreviated to ''etc.'', ''etc'', ''et cet.'', ''&c.'' or ''&c'' is a Latin expression that is used in English to mean "and other similar things", or "and so forth". Translated literally from Latin, means 'an ...
* ... * He/she


References

{{DEFAULTSORT:And or English phrases English grammar