THE LEGAL WRITING
CORNER
Making a Point with Punctuation
By Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja
September 24 , 2022 , celebrated National Punctuation Day 1 – a day when Americans pay tribute to the essential marks that regulate writing . But is one day really enough ? If we think about the important role punctuation plays in legal writing , it ’ s clear we ought to appreciate and celebrate these marks more often . So , in honor of National Punctuation Day , let ’ s learn more about the history of punctuation and brush up on some specific ways punctuation marks can strengthen or weaken our writing .
The word punctuation derives from the Latin word punctuare , meaning “ making a point .” The genesis of punctuation dates back to approximately 200 B . C . when Aristophanes of Byzantium , a librarian at the Museum of Alexandria in Egypt , grew frustrated with the then-popular scriptura continua writing style . Flooded with unbroken streams of text , devoid of any punctuation , documents written in this style proved difficult to read and understand . In response , Aristophanes created a system of punctuation consisting of only one mark . That mark looked similar to today ’ s period but could be positioned at differing heights within the text . The height of the mark corresponded to the level of pause to be inserted – a mark at the bottom indicated a short pause ( like a comma ), one placed at the middle signified an intermediate pause ( more similar to a colon ), and a mark at the top necessitated a full stop ( what we would today consider a period ). 2 With just this single mark and its three placement options , Aristophanes ’ punctuation system increased the readability of the text and helped readers more accurately interpret the text ’ s content .
Over time , this basic system has expanded into the 14 major punctuation marks that we know and love today . 3 When used properly , modern-day punctuation marks provide a definite advantage to legal writers . But if used incorrectly , punctuation marks can distract from the intended message , undermine a writer ’ s credibility , or , worse yet , change the meaning behind an idea entirely . Two of the most misused punctuation marks ? The comma and apostrophe .
Commas Save Lives
We ’ ve all seen popular memes proclaiming the importance of the comma and its ability to “ save lives .” “ Let ’ s eat Grandma !,” for instance , is not the same as “ Let ’ s eat , Grandma !” The first compels us to consume our beloved family member ; the second invites her to join us for dinner . You want to save Grandma ’ s life ? Comma to the rescue ! This gruesome example serves to remind us we should always use a comma to set off a word or phrase of direct address . 4
Incorrect : Henry are you leaving so soon ?
Correct : Henry , are you leaving so soon ?
Now enter one of the most common mistakes in comma usage – the comma splice . A comma splice is a run-on sentence caused by a comma ’ s inability to connect two independent clauses ( a clause that contains a subject-verb construction and can stand alone as a complete sentence ). Here are a few options to cure this problem : ( 1 ) replace the comma with a semicolon ; ( 2 ) insert a coordinating conjunction after the comma ; or ( 3 ) split the independent clauses into two separate sentences . 5
Incorrect : The players took the field , it began to rain .
Correct : The players took the field ; it began to rain . ( semicolon )
Correct : The players took the field , and it began to rain . ( coordinating conjunction )
Correct : The players took the field . It began to rain . ( separate sentences )
Commas , however , may be necessary with dependent clauses ( a clause that contains a subject-verb construction but could not stand alone as a complete sentence ). Think about it this way . If the essential meaning of the sentence does not change when the dependent clause is removed , then set the clause off with commas . 6
Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
30 THE GAVEL