Shame on you....I understand the legaleze....I just find it bureaucratic and effete and overly presumptious and boring, not to mention inefficient. And in typical legaleze, you have defined the terms but not yet splained why the preponderance of the evidence (if I’m learnt nuff to figger it out) burden is on Steyn et al.)
Since Steyn is asserting this affirmative defense I believe he would be put to the proof.
Legalese is a shorthand to those who use the jargon. All professions do it, even authors of great books.