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Tangentially, I wonder why both the words "cease" and "desist" are necessary. Aren't they synonyms? Perhaps it's just for emphasis?


“ A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are near synonyms, usually connected by "and", and in standard orders, such as "cease and desist".

The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another… To ensure understanding, the terms from both languages were used. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire.”

https://en.m.wikipedia.org/wiki/Legal_doublet


Thought this was also pretty great:

> Doublets may also have arisen or persisted because the solicitors and clerks who drew up conveyances and other documents were paid by the word


That seems likely and probable.


Are solicitors and clerks also doublets?


No, but if a lawyer can find a way to bill you for the services of both, they will.


No, but conveyances and other documents was. ;-)


This is interesting. I've always worked off the assumption that while english legal documents look like english they are actuallysomething a little special. These words get tested in court cases and opinions are written about them and what them mean. So, in this case my assumption (possibly incorrect) had been that each of those words had specific legal meaning, and perhaps a venn diagram would show 95% overlap of the sets, by using both words they get 100% overlap.

(Its also why lay people shouldn't write their own contracts, because a lawyer with contract experience won't use words that haven't been tested.)


Driving without due care and attention


To have and to hold.


Now we're only missing what the two languages are for "cease and desist"


Cease - Latin to cessare meaning "to yield", then Old French.

Desist - Latin to stare (sta-re, not homonym of stair) meaning "to stand", then (still) Latin to "sistere" meaning "to stop" plus prefix de, which in this context is "an order (from top, aka court) to down (aka to you)", then Old French.

Huh.

So this is basically court-enforced stop and yielding to the other party.


My law professor told me it was a temporal phrasing: stop doing it (cease), and don't do it in the future (desist). Otherwise I could stop for one day, or in the age of the internet one minute, and then begin again: I would have ceased and resumed.


They are slightly different in meaning. Cease = Stop doing it. Desist = Don’t do it again.


It has an interesting history.

https://en.m.wikipedia.org/wiki/Legal_doublet


Cease is more like stop doing something you were already doing, where is desist is More like don't even start it.

So perhaps they should be cease or desist.


Perhaps, but then one _could_ say, "I'll pick 'cease', please! I'll get back to doing it again later"


Or "stop doing it and don't restart"




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