Posts Tagged ‘legal jargon’

Meaningless jargon

November 27, 2012

Here’s an extract of a public notice from Wollondilly Shire Council.

The strategy allows for a cyclic maintenance / capital work programme maximising the resource commitment to the applicable line closure while at the same time minimising the frequency of the possession.

I think they’re trying to say something about rail line closures for maintenance work, but it’s written in such gobbledegook, it’s hard to tell.

Shall or must?

June 3, 2012

The clearest way to convey to your readers that they have to do something is to use must—not  shall. Consider the difference between (a) Notice shall be given in writing  and (b) Notice must be given in writing. The second version is clearer and more explicit.

Shall is the hallmark  of outdated legalistic language.  It’s an officious, imprecise, and archaic word that is easily misconstrued. We no longer use shall in everyday speech, so avoid it in business documents.

Legislators in Australia, the USA and other countries are now in the process of eliminating shall  and replacing it with must. See www.plainlanguage.gov  for further explanation.  As a guide, use 

  • Must for an obligation
  • Must not for a prohibition
  • May for discretionary action
  • Should for a recommendation.