One of those little things that you hear all the time, particularly if you work anywhere near contracts, finance or lawyers, are phrases such as:
- “Null and void.”
- “Will and testament.”
- “Goods and chattels.”
- “Breaking and entering.”
- “Fit and proper.”
I see them all the time because of all the finance datamapping I do in insurance, but where do they actually come from?
Well, as with quite a lot of weird things in Britain, you can blame 1066.
After the Norman Conquest, England ended up with a slightly odd language problem. Most ordinary people continued to speak English, while the new ruling classes spoke Norman French, and a lot of official and legal writing was done in Latin. English law therefore spent centuries operating with English, French and Latin rubbing shoulders with each other.
One solution was wonderfully practical: use both words.
So rather than risk somebody not understanding the technical French or Latin term, lawyers would pair it with an English equivalent, or with another commonly understood term.
For example, “goods and chattels” combines the English “goods” with the French-derived “chattels”. “Will and testament” combines the Old English “will” with the Latin-derived “testament”.
“Null and void” is slightly different, and is a nice example of why the history is more complicated than simply English word + French word. “Null” comes from Latin, while “void” came through French. So it is still a product of that multilingual legal world, just not quite the neat example I originally thought it was.
These are known as legal doublets, and occasionally you even get triplets: three words piled together to make absolutely, definitely, completely sure that nobody can complain they misunderstood you.
Nowadays the original language problem has mainly disappeared, but the phrases stayed.
In fact, legal reformers have pointed out that many of them are now basically redundant. Everybody understands what “chattels” means in the relevant legal context, so we no longer need “goods” sitting next to it as a translation. But lawyers are understandably reluctant to remove wording that has survived hundreds of years of court cases and is universally understood.
Which is why, nearly a thousand years after William the Conqueror turned up, I’m still looking at a modern-day insurance contract completed on the web and seeing “Null and void” as a status option.