Learn English – Why does legal English sometimes repeat the antecedent noun after “which”

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Here's a standard English sentence:

The folder which is missing from the principal's office contained the answers to today's exam.

(Separate question, discussed elsewhere I'm sure, whether it should really be "which" or "that".)

But simpler is usually better, so I would actually just write:

The folder missing from the principal's office …

But my question is: I have seen legal statements which would write:

The folder, which folder is missing from the principal's office, contained …

Assuming that the writer is actually correct in thinking that s/he's adding some value by repeating "folder" after the "which", what value is s/he adding?

Best Answer

This, like much legal language, is archaic. This particular case is a Non-Restrictive Relative Clause, which in ordinary English would just be

  • The folder, which is missing from the principal's office, ...

As Tim says, it's the extra folder that's the unnecessary padding, not the which. Which is utterly standard for non-restrictive relatives.

In this case, folder is Pied-Piped along with which to the front of the clause, in order to (try to) prevent any possibility of ambiguity about the referent of which. Repeating words or phrases redundantly, like the party of the first part (instead of he or they) is a standard practice for much legal language.

Pied-Piping is limited in modern English to prepositions with relative pronouns as objects, and NPs that command such prepositional phrases. Consider the sentence

  • The government determines the contents of the folder.

This may be relativized as

  • The folder, which the government determines the contents of, ...
  • The folder, of which the government determines the contents, ...
  • The folder, the contents of which the government determines, ...
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