As a contract drafter, I’m motivated to use inclusive, accurate, and up-to-date language to respect the dignity of my fellow human beings. That’s what the concept of Ubuntu is all about. So, in this post, I argue why contract drafters should use the singular pronoun “they”.

What’s “they” got to do with it, got to do with it?

The singular “they” is a way of referring to one person without specifying their gender.

For example, instead of writing “he or she”, we might write “they” to refer to an individual whose gender is unknown or irrelevant.

It’s tempting to think using “they” as a singular pronoun is a new Gen Z agenda. However, for centuries, several writers have used it in English literature, with examples dating back to the 14th century.

Historical instances using “they” as a singular pronoun

An early English example comes from Geoffrey Chaucer in 1395, who wrote in The Pardoner’s Tale: “And whoso fyndeth hym out of swich blame, They wol come up…”.

Shakespeare used “their” as a singular possessive pronoun, as in the line “There’s not a man I meet but doth salute me / As if I were their well-acquainted friend” from The Comedy of Errors.

Further, Jane Austen used they in the singular 75 times in Pride and Prejudice (1813) and in Vanity Fair: “A person can’t help their birth” (1848).

While English writers tend to fixate on the accuracy of the singular “they”, so many other languages—Swahili, Turkish, Japanese, Hungarian, Finnish, Farsi—have genderless pronouns.

Why contract drafters should use “they”

Using “they” as a singular pronoun is simply more accurate.

Not all people identify as male or female, and not all want to disclose their gender. By using “they”, we avoid assuming someone’s gender and potentially misgendering them.

Further, using “they” is inclusive.

It acknowledges and respects the diversity of gender identities and expressions. It also avoids perpetuating harmful gender stereotypes and norms.

Plus, in a legal context, using gender-neutral language can help make contracts and other legal documents and processes more accessible and inclusive to a broader spectrum of people.

Addressing counterarguments

Some argue that using “they” as a singular pronoun is grammatically incorrect or confusing.

However, this is not the case. In fact, major legal style guides have recognised its legitimacy, such as the APA and the Chicago Manual of Style.

“They” is also widely used in informal and everyday language.

Other argue that using “they” as a singular pronoun can be unclear or ambiguous.

However, this problem is not unique to “they”. A lack of clarity and unintentional ambiguity can arise in language for various reasons. Ultimately, the writer’s responsible for ensuring clarity and precision in their writing.

End thoughts

Go ahead and embrace the singular “they” in your contracts—your readers (and their lawyers) will thank you.

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