We call “shall” and “shall not” words of obligation. “Must” is the only word that imposes a legal obligation on your readers to tell them that something is mandatory. Also, “can`t” are the only words you can use to say something is forbidden. Who says that and why? Ethically, morally and legally correct. This epithet is applied to what is compatible with a given law which is the test of good and evil. This is what is compatible with the perfect rights of others. By just is also understood as being full and perfect, as just weight. Bryan Garner, a lawyer and editor of Black`s Law Dictionary, wrote: “In most legal instruments, violates the presumption of consistency. This is why shall is one of the most treated words in the English language. Toullier exposes the lack of usefulness and precision of this division of distributive and commutative justice, adopted in the compendium or abbreviations of the old physicians, and prefers the separation of internal and external justice; The first is a conformity of our will, and the second is a conformity of our actions with the law: their union creates perfect justice. External justice is the subject of jurisprudence; Internal justice is the object of morality.
These are some of the reasons why these documents require us to use the word “shall” when we mean “mandatory”: over time, laws evolve to reflect new knowledge and standards. During this transition, “must” remains the safe and informed choice, not only because it clarifies the concept of commitment, but also because it does not contradict any case of “must” in the CFR. Currently, federal departments are reviewing their documents to replace all “should” with “shall”. It`s a big effort. If you look at page A-2, section q of this order, you will find an example of how a typical federal regulation describes this change from “shall” to “shall”. Don`t go through this long process. If you mean mandatory, write “shall”. If you mean forbidden, write “can`t.” Almost all jurisdictions have decided that the word “shall” is confusing because it can also mean “may, will or shall.” Legal reference works such as the Federal Rules of Civil Procedure no longer use the word “shall.” Even the Supreme Court has ruled that if the word “shall” appears in legislation, it means “may.” Justice is distributive or commutative. Distributive justice is that virtue whose purpose is to distribute rewards and punishments to each according to his merits, maintaining an equitable relationship by comparing one person or fact to another, so that neither equal persons have unequal things nor unequal persons have the same things.
Dr. Bruce V. CorsinoFA Plain Language Program ManagerPhone: 202-493-4074Email: bruce.corsino@faa.gov According to the Frederician Code, justice is simply granting everyone the rights they have acquired under the law. And since this definition includes all other legal rules, there is really only one general rule of law, namely: Give everyone their own. The constant and eternal availability to give each person what is due to him. Toullier defines it as the conformity of our actions and our will with the law. In the broadest sense of the term, it differs little from virtue, for it encompasses the whole circle of virtues. However, the common distinction between them is that what is considered positive and in itself a virtue, when considered in relation to others, is called justice.
But justice, which in itself is part of virtue, is limited to things that are merely good or bad, and consists in a person taking as much as he should. Until recently, law schools taught lawyers that “should” means “must.” That`s why many lawyers and executives think “should” means “must.” It`s not their fault. The Federal Plain Language Act and the Federal Plain Language Guidelines did not appear until 2010. And the fact is that while “shall” is the only clear and valid way to express “mandatory,” most parts of the Code of Federal Regulations (CFR) that govern federal departments still use the word “shall” for this purpose. What should you say when someone says, “Should it be a perfectly good word?” Always agree with them because they are right! But in your next breath, be sure to say, “Yes, should is a perfectly good word, but it`s not a perfectly good obligation word.” The constant and eternal will to give to each person what is due to him.2 min spent reading commutative justice is that virtue whose purpose is to give to each one what belongs to him, as close as possible, or what governs contracts. In order to establish commutative justice, the judge must establish equality between the parties so that no one can be gained by the loss of another. If you have any comments or questions, please contact:.