What is a proper way to tape a 6” round hole from can light? These are the only valid word choices to convey those meanings. Learn about upcoming events and get the latest news from the federal plain language community. How important is the gate threshold voltage on a MOSFET, Reference request: Examples of research on a set with interesting properties which turned out to be the empty set, Can someone re-license my BSD-3-licensed project under the MIT license, remove my copyright notices, and list me as a "collaborator" without consent. “Must” is better because it’s harder to misuse. What is the lowest level character that can unfailingly beat the Lost Mine of Phandelver starting encounter? Difference Between Shall and Will in English Grammar, Difference Between Shall and May in English Grammar, Difference Between Coronavirus and Cold Symptoms, Difference Between Coronavirus and Influenza, Difference Between Coronavirus and Covid 19, Difference Between Ideal Gas Law and Real Gas Law, Difference Between Operculum and Peristome, Difference Between Energy Level and Energy Band, Difference Between Primary and Secondary Mycelium, Difference Between Stannic and Stannous Chloride, Difference Between Mycorrhiza and Coralloid Roots, Difference Between Red Oxide and Zinc Chromate Primer, Difference Between Golden Rice and Normal Rice. As a rule, I try to avoid “shall” in legislation and legislation-type documents.
One recommendation is to use "must" instead. Must and shall are words in English language that have similar meanings. Your email address will not be published. E.g., university regulations, company policies, articles of association and codes of conduct. . by Cynthia Blumenthal When writing quality management system (QMS) documents that state requirements, most of us have used auxiliary verbs such as will, shall, may, might, should, and can.. An auxiliary verb “helps to form the voices, modes, and tenses of other verbs” (1).
Must not = prohibited My first choice for obligation is “must”, mainly to follow the current convention in common-law jurisdictions. ", What should you say if someone tells you "shall is a perfectly good word?" . Clearly a case, according to my criteria, of when I should use “must” for obligation. Always agree with them because they're correct! How to manage and estimate unstructured requirements received from customers, Functional/nonfunctional requirements VS design ideas, Tender vs. It's not their fault. The Federal Plain Writing Act and the Federal Plain Language Guidelines only appeared in 2010. In this post I explain why and look at some grey areas where “must” doesn’t work. At least be consistent in the one document. If it’s just to add variety (i.e., you’re using them interchangeably for obligations of the parties in a contract), then I can understand that someone might want you to make changes because you’re not being consistent. But anytime you use the word "should," be sure you can say why you recommended that option and prove that your recommendation was valid and justifiable. “Shall” doesn’t have to be the answer, but something other than “must” is needed. Nonetheless, it's reasonable to say that "may" means purely optional and does not imply that the writer recommends that option to the reader. Ask a drafter what “shall” means, and you’ll hear that it’s a mandatory word—opposed to the permissive “may”. Best approach to safely bump up version of classes. Courts that have interpreted “shall” inconsistently would likely interpret “must” inconsistently. I normally use “must” to express obligation when translating legislation and legislation-type documents. Section 1910.179(b)(3) relates to modification, after which the crane shall be tested in accordance with requirement of paragraph (k)(2). These guidelines do not, however, specify which word, e.g. When “must” doesn’t work, I use “will”, “shall´” or something else. As always, having coherent criteria gives you a leg to stand if you have to justif… • Shall indicates a duty imposed upon an individual. As a rule, I try to avoid “shall” in legislation and legislation-type documents. If, as a rule, you were going to use “shall”, I’d suggest using it in the restricted way mentioned above (i.e., to mean only “has a duty to”). ‘Must’ is the basic and most direct way of saying something is compulsory. @KeithThompson - that's a good point, and you're right. (Ugly, I admit, but accurate.).
If you happen to work within the framework of DO-178 or DO-254 guidelines, these have their own definitions for requirements in general and derived requirements. The distinction between those two has far less serious consequences and is also easier to explain and accept. However, shall is used more in legal circles while must is used more often by common people. My thinking became that functional requirements should use must because, If a derived object shall exist all its functionality must function. Although apparently some US drafters use “shall” in a restricted manner (to only mean “has a duty to”) (Garner, 1995). It's an action that is required. 4 comments to ““Shall”, “must” or something else for obligation in legislation and legislation-type documents?”. "Must" is the only word that imposes a legal obligation on your readers to tell them something is mandatory. How to break the cycle of taking on more debt to pay the rates for debt I already have? That’s a tough one. Has there been a naval battle where a boarding attempt backfired? I’d be interested in the correct linguistist definitions for all these uses. Both of them indicate the fact that something is mandatory and should be carried out as a duty. Filed Under: Grammar Tagged With: Must, shall. I guess at some point I had shall embedded as new object in my head and must as function. site design / logo © 2020 Stack Exchange Inc; user contributions licensed under cc by-sa. Sometimes “must” doesn’t feel right. They must hand in their projects be… I am going to write my thesis about shall in contracts translation. How to translate the start of a Spanish contract into English, How to translate some key Spanish notary terms into English, The most important distinction: form versus content, Quick tip for translating contracts (4): distinguish between formulaic language and contract information, The confusing and mysterious world of being an imputado, How to translate de una parte and de otra parte into English (contract translation tip 9), The rule of law / estado de derecho can of worms. Codes of conduct, in which members make promises about how they will act, are another grey area. @media (max-width: 1171px) { .sidead300 { margin-left: -20px; } } In this article, we’ll discuss the basic rules governing the use of these words in English, along with some examples. I pulled that line from the answer.
If you mean mandatory, write "must." Writing 79 (1992). Recently, for instance, I was translating a piece of university legislation. Your email address will not be published. As it turns out, “shall” is not a word of obligation. It also indicates inevitability of something or an event. Is it possible to guide me how narrow down my subjet? There may of course be exceptions. How to make this illumination effect with CSS. He says that this Swiss Army knife of legalese violates the “golden rule” of legal drafting: use terms consistently and to mean only one thing. As Justice Ruth Bader Ginsburg remarked in a majority opinion: “though shall generally means must, legal writers sometimes use, or misuse, shall to mean should, will or even may.” Also, "must not" are the only words you can use to say something is prohibited. Podcast 285: Turning your coding career into an RPG, Creating new Help Center documents for Review queues: Project overview, Feature Preview: New Review Suspensions Mod UX. RFC 2119 "Key words for use in RFCs to Indicate Requirement Levels" goes into specifics of what different words on requirements mean. They represent the same degree of obligation. As to mixing “shall”, “will” and “to be”, it depends on how you’re doing it. The train shall arrive tomorrow noon… Train is an inantimate object therefore shouldn’j we say the train must..? Section 1910.179(k)(2) has to … In the US, too. But sometimes they have a contract feel to them. Learn how your comment data is processed. But they don’t. “Shall” isn’t plain English. I ended up using present tense for the promises. The most justifiable course for a translator is to mimic target language convention. And the fact is, even though "must" has come to be the only clear, valid way to express "mandatory," most parts of the Code of Federal Regulations (CFRs) that govern federal departments still use the word "shall" for that purpose. If your requirements management tooling does not automatically point out derived requirements for you, making these distinct from functional requirements by the use of a must instead of shall can be beneficial, for example to demonstrate that the verification objectives for derived requirements have also been met. But style guides from common-law jurisdictions advise against using “shall” in legislation. 1995), pages 939-942. However, writing manuals and dictionaries don't say much about "may" and "should." Must is a word that indicates the necessity or requirement of something. Stack Exchange network consists of 176 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. drafters have adopted the “shall-less” style. Published: March 2011 However, shall is used more in legal circles while must is used more often by common people. FAA Plain Language Program Manager If you write "should" to recommend that the reader use an option, then you probably have some protection if the reader chooses not to use that option and something goes wrong. Shall vs Should. There are 76 pages in “Words and Phrases” (a legal reference) that summarize hundreds of cases interpreting “shall.”, Third, nobody uses “shall” in common speech.
MUST NOT – This phrase, or the phrase “SHALL NOT”, means that the definition is an absolute prohibition of the specification.
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