In many countries in continental Europe the simple present is extensively used in main clauses in legislative texts to express obligation. Several English-speaking legal systems have witnessed an increased usage of the simple present in legal English over the last few decades, largely at the expense of shall. I examine the continuing debate among law scholars and writers of legal drafting manuals over the adoption of the simple present in prescriptive texts in English. I conclude by observing that the decision in some countries to do away with shall would appear to be linked principally to socio-pragmatic factors relating to the way this modal auxiliary is perceived in many parts of the English-speaking world today, that is, as being outdated and smacking of “legalese”, a style of legal writing that plain language exponents have been trying to eliminate.
Is legal English 'going European'? The case of the simple present
WILLIAMS, CHRISTOPHER
2013-01-01
Abstract
In many countries in continental Europe the simple present is extensively used in main clauses in legislative texts to express obligation. Several English-speaking legal systems have witnessed an increased usage of the simple present in legal English over the last few decades, largely at the expense of shall. I examine the continuing debate among law scholars and writers of legal drafting manuals over the adoption of the simple present in prescriptive texts in English. I conclude by observing that the decision in some countries to do away with shall would appear to be linked principally to socio-pragmatic factors relating to the way this modal auxiliary is perceived in many parts of the English-speaking world today, that is, as being outdated and smacking of “legalese”, a style of legal writing that plain language exponents have been trying to eliminate.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
