The problem here isn't opacity, as in "you have the body". The issue with "best interest" in the sense that I understand you to be describing is that it's misleading, and at the same time a more sensible alternative is readily available. A judge could instead say
It is strange, but nevertheless true, that even the freedom to make unwise decisions is one that the court is required to guard and only to restrict if and when the person is incompetent to make decisions.”
Note that the word "incompetent" as used here would itself be an example of legal jargon, possibly "impenetrable" to (some) non-lawyers -- but one with which I would have no problem whatsoever.
(Incidentally, I happen to think terms like "fair use" are self-explanatory. Their problematic nature lies not in their intensions but in their extensions: it's difficult to sort out boundary cases, even if the (intensional) "meaning" is clear.)
When I read your original comment, I took you to be criticizing the judge, not the legal jargon. My point was that any unfortunate implications from the judge's statement were a product of the disconnect between legal jargon and ordinary usage. I don't understand your distinction between "misleading" and "opaque," by I agree that lots of legal jargon does not coincide with ordinary usage of the words. For example, "probable cause" can be satisfied by beliefs that everyone agrees are less than 50% certain.
If your criticism w...
Autistic woman banned from having sex in latest Court of Protection case
This reminded me of previous LW comments about how we restrict the rights of children for their own good.
On the one hand, children can't understand the risks so we stop them having sex.
But on the other hand, animals can't understand the risks and we happily let them continue having sex.