Evidence for Continued Overuse of “Shall” in the Twenty-Third Century « Adams on Contract Drafting

Evidence for Continued Overuse of “Shall” in the Twenty-Third Century « Adams on Contract Drafting.

 

[Other than jejune thoughts about officer Saavik cited in the article, I concur with Mr. Adams suggested rewrite.  I personally adhere to the approach espoused by Tina Stark amongst others:”shall” is most appropriate in an obligatory duty in a contract but not elsewhere, e.g. “time is of the essence”, not “time shall be of the essence”.  So if the Starfleet Command regs were drafted for  a contact purpose (rather than a military code of conduct) the first point to note is the discretion of the object (the flag officer, and so he phrase “may” or “Is entitled”.  The flag officer is not obligated to beam down.  Since there is no obligation on the flag officer to do anything, there is no need for “shall”.  Rather one would use the phrase Adams suggests: only with an armed escort.   DrS]

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