2.8 Permission and Obligation

The heart of legal English. Law is commands, permissions and prohibitions; English expresses them through modal verbs: ModalLegal meaningExampleshall / mustobligation, duty"The licensee shall maintain accounts." / "The applicant must file within 35 days."maypermission / discretion / power"The court may extend time."may not / shall not / must notprohibition"No person shall discriminate."might / couldpossibility (weaker)"The clause could be read two ways."shouldrecommendation; duty in judgments ("the court should")"Departments should publish reasons."willprediction / plain future — NOT obligation"The contract will expire in 2078."can / cannotability; informal permission"An illiterate deponent cannot read the deed."