The role and meaning of modal verbs in Legal English

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The role and meaning of modal verbs in legal English are crucial for ensuring clarity, precision, and enforceability in legal documents. Modal verbs such as “shall,” “must,” “may,” and “can” are essential for legal texts because they express various degrees of obligation, permission, and possibility. This article aims to analyze the functions and significance of these modal verbs within the context of legal English.

Keywords: modal verb, legal English, grammar, lexeme, modality classification, semantic category.

In legal texts, modal verbs play an essential role in clarifying the level of obligation, permission, or possibility associated with an action or state. Their use ensures that legal documents are concise, understandable, and enforceable. Through the contextual analysis and examples from legal texts, the current article illustrates how modal verbs are used, thereby facilitating effective legal communication. The comprehensive analysis estimates the necessity of modal verbs application which helps us to avoid misinterpretations and legal disputes. Common modal verbs in the English language include “shall”, “must”, “may”, “can”, “will”, “should”, “could”, “might” and “would”. It’s worth noticing that the meaning of modal verbs is often context-dependent. In legal English the context-dependency is particularly important as it can affect the interpretation of legal obligations and rights. For example, “shall” can imply a duty or a future action depending on the context.

The distinction between “shall”, “must” and “may” is a key factor in how legal provisions are interpreted and implemented. Apart from the difference in modal meaning, the verbs above carry out different semantic functions:

1. Obligation and necessity :

Shall is often used to indicate a mandatory obligation or duty. For example, “The contractor shall complete the work by the agreed date” — implies a legal obligation.

Must: indicates a strong obligation or necessity. It is often used in regulations and statutes. For example, “All employees must wear identification badges”.

2. Permission and prohibition :

May is used to grant permission or indicate a possibility. For example, “The tenant may terminate the lease with 30 days’ notice” — this sentence expresses permission.

3. Possibility and probability :

May: indicates a possibility. For example, “The court may grant an extension of time”.

Might is used to express a lower probability than “may.” For example, “The defendant might appeal the decision” [Ogneva, p.21].

It’s important to note that modal verbs are used more frequently in legal English than in colloquial speech. The main reason is that legal texts require precise language to convey obligations, permissions, and possibilities clearly. In general English, modal verbs are more flexible and express general ideas of ability, permission, or probability. Note the difference in examples below:

Legal English: “The tenant shall pay the rent on the 1st day of each month.”

Here the verb “shall” indicates a mandatory obligation.

General English: “I shall go to the store later.”

In this context, “shall” is used to indicate a future action, which is less inflexible than in legal texts.

Analysis:

In legal English, the interpretation of modal verbs is more rigid and context-specific. For example, “shall” is almost always interpreted as imposing a duty or obligation. In contrast, modal verbs can be interpreted in general English depending on speaker’s intention.

“Must” in Legal English and General English

Examples:

Legal English: “The contractor must complete the work by the agreed date.”

“Must” here imposes a strict obligation.

General English: “You must try this cake”.

“Must” is used here to strongly recommend, not to impose an obligation [Huddleston, p. 901].

The analysis on the role of modal verbs in Legal English allowed us to divide them into the following semantic groups:

1. Contractual Obligations

Example: “The Company shall deliver 100 details within 90 days.”

In this example, the modal verb “shall” indicates a mandatory obligation for the company to deliver the specified number of details within the given timeframe. This usage is common in contracts to ensure that the parties understand their duties clearly.

2. Regulatory Compliance

Example: “All vehicles must comply with emission standards.”

Here “must” is used to express a strong obligation or necessity. This modal verb is often found in regulations and statutes to impose non-negotiable requirements.

3. Granting Permission

Example:“The tenant may terminate the lease with 30 days’ notice.”

The modal verb “may” grants permission to the tenant, allowing them to terminate the lease under the specified condition. It provides flexibility and discretion within the legal framework.

4. Prohibition

Text: “Employees must not disclose confidential information.”

“Must not” is used to indicate prohibition clearly stating that employees are forbidden from disclosing confidential information.

5. Possibility in Court Orders

Text: “The court may grant an extension of time.”

In this example, “may” indicates a possibility suggesting that the court has the discretion to grant an extension but is not obligated to do so. This allows for judicial flexibility based on the circumstances of each case.

6. Lower Probability

Text: “The defendant might appeal the decision.”

“Might” is used to express a lower probability indicating that there is a possibility of an appeal, but it is not certain [Aher, p. 50].

These examples illustrate how modal verbs are used in legal texts to convey different degrees of obligation, permission, possibility and prohibition. The precise use of modal verbs is crucial in legal drafting to ensure clarity and avoid confusion. By examining these examples, we can see how modal verbs help to define the rights and obligations of the parties involved, thereby facilitating clear and enforceable legal agreements. We agree with the opinion of J. Kokora that “the role of the text as a unit of communication serves to establish functional equivalence between the original word and its borrowed archetype” [Kokora, p. 82]. Our research also proves this statement.

In conclusion, modal verbs play a crucial role in legal English by providing the necessary precision and clarity required in legal documents. Their ability to express different degrees of obligation, permission, and possibility makes them indispensable tools for legal practitioners. This article has explored the definitions, characteristics, and specific functions of modal verbs in legal texts, highlighting their importance in conveying legal nuances and ensuring enforceability.

References:

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