FIRM 9

How Punctuation Developed

As English speakers in the 21st Century, we are accustomed to the idea that punctuate affects
meaning, but our punctuation system would have seemed odd to speakers in the earlier days.
The Greek and Roman systems were not syntactic; that is, punctuation marks were not
intended to affect meaning and were not based on grammar, as of today. Rather, the Greek
and Roman marks served a rhetorical function (by dividing segments of discourse according
to formal rhetorical patterns) and an elocutionary function (by indicating where to pause and
breath when reading the text aloud). Like the Greek and Roman systems, the punctuation
used in early 17th Century English was not syntactic; its function was primarily rhythmic and
elocutionary. By the end of the 17th Century, English was starting to become rule bound.
About that time, our present syntactic system of punctuation was born. Rules of grammar,
spelling, and capitalization developed. Our syntactic system uses punctuation marks as guides
to the grammatical construction and thus to the meaning of a passage. Syntactic punctuation
does not ignore rhythm and elocution. Shifts in syntax tend to coincide with pauses for
emphasis on for breath in oral delivery, and modern punctuation therefore tend to reflect the
patterns and rhythms of speech.

Lawyers Distrust of Punctuation

English speaking lawyers have traditionally distrusted punctuation as a guide to meaning.
Some lawyers prefer to draft legal instruments with almost no punctuation. They argue that
punctuation is unreliable, and it can capriciously disappear (as when a legal secretary has a
momentary lapse of concentration) or capriciously appear (as when a fly explores a page and
deposits something that appears to be a comma).
Lawyers distrust of punctuation as a guide to meaning has 3 sources:
1. The unreliability of punctuation in the 17th Century and well into the 18th Century
when the syntactic system was in its adolescence. Some lawyers punctuated for
rhythmic and elocutionary effect, others for syntactic purposes while others for both
and this was problematic.
2. The introduction of the printing press which came up in England in 1476. The press
was known for deleting or supplying punctuation to make their product uniform.
Because the printer may have fiddled with punctuation, this could have interfered
with the author’s intended meaning.
3. The old tale that English statutes were traditionally unpunctuated. The old tale lives
on and is occasionally cited in support of a certain rule that says that judges can
ignore punctuation when interpreting a statute.
Some people say that punctuation as a guide to meaning should be ignored. Others say it can
be used but only in a pinch and still others say that it should be considered along with all
other available clues to get to understand the author’s intended meaning.
Punctuate Carefully
Modern readers use punctuation as a guide to meaning. It is good to draft using punctuation
because, “if you do not punctuate, the reader will do it for you, in places you never wanted
it.” Further, leaving the task of punctuation to a legal secretary, as some lawyers are inclined
to, is an abdication of the professional duty to express meaning as clearly as possible. Thus,
when someone writes, they should punctuate carefully, in accordance with ordinary English
usage.

Definition of Terms
Below are some definitions of words to understand punctuation:
Subject. The word or a group of words that a clause or a sentence makes a statement about.
An example is the word lawyer and clock in the two sentences below:
The lawyer objected to the evidence.
The clock had fallen from wall when he got home.
Predicate. The word or group of words that makes a statement about a subject. The
complete predicate is the verb plus the modifiers and complements attached to it.
Below are examples:
 The lawyer had objected to the evidence.
 The clock had fallen from the wall when he got home.
The simple predicate is the main with its helping verbs:
 The lawyer had objected to the evidence.
 The clock had fallen from the wall when he got home.
Phrase. A group of closely related words that does not contain both a subject and a predicate.
 Objecting from the evidence.
 Faling from the wall.
Independent Clause. A group of words that contain both the subject and predicate and that
can grammatically stand alone as a complete sentence.
 The law was repealed by the House of Lords.
Dependent Clause. A group of words that contains both the subject and predicate, but that
grammatically cannot stand alone as a complete sentence.
 When the law was repealed by the House of Lords…
A dependent clause usually begins with a subordinating word such as who, which, when, that,
because or since.
A dependent clause can function as a noun, adjective or adverb.
The lady who wore a scarf was conned by a broker. This tells us who and acts as an
adjective.
When the clock fell, it hit the little boy’s head. It acts as an adverb of time answering the
question “when?”
The judge agreed that the evidence was inadmissible. This answers the question “what?”
hence a noun.

COMMAS

USES

When linking two independent clauses with a coordinating conjunction

To link two independent clauses into one sentence one must put a comma before the
conjunction.
It was a beautiful day, so we decided to go for a hike.
She studied for hours, yet she still felt unprepared for the test.
To join the independent clauses, you need both the comma and the conjunction. If you
use a comma without a conjunction, then you are guilty of a comma splice. If you use a
semicolon then there is no need to respect the above rule e.g.
The sun was setting, so we packed up our things and headed home.
The sun was setting; we packed our things and headed home.

After introductory statements

Use a comma after an introductory phrase or clause
Looking at the map , he realized he was lost.
In the middle of the night, the fire alarm went off.
Exceptions to this rule not applying
If introductory element is short e.g. yesterday I went to the movies.
If introductory element is followed by an inverted word order
e.g. Down the street came the marching band.
Out of the woods came a strange sound.
Up the hill trudged the weary hikers.

When setting off non restrictive elements

Non restrictive elements modifies or describes part of a sentence but is not essential to
the meaning of the sentence. They are set off with commas
Elements beginning with which, although or though are non restrictive.
e.g. The new restaurant , which opened last week, already has a two hour waiting period.
The movie, though I didn’t love the ending, was still enjoyable.

NB . Restrictive elements are essential to the meaning of a sentence and should not
be set off with commas. e.g that , because, while , if and when.
The book that I borrowed from the library is due tomorrow.
If a dependent clause comes at the beginning of a sentence put a comma even if
it is restrictive.

When setting off parenthetical elements

Insertion of parenthetical elements requires placing a comma on both ends of it.

 Parenthetical elements are pertinent but not essential to meaning of sentence thus can be
deleted without affecting the meaning of the sentence.
The coach, a veteran of 20 years, inspired his team to victory.
The project, which was due on Friday, will be delayed.
Legal citations in text are parentheticals elements thus are set off by commas

When separating items in a series

Where a sentence contains series of more than 3 items joined with one conjunction, put a
comma after each item except the last one.
My aunt spent the afternoon searching for vintage furniture. Antique clocks, rare
paintings and handcrafted pottery to furnish her new home.
During spring my grandmother organized the attic, the garage, the basement and
the shed behind the house.

If the series is complicated use a semicolon instead of a comma.

The ancient house stood on a remote ,windswept buff; its weatherd timber groaned
in the harsh wind , and the moonlight cast long . eerie shadows through its broken
windows.

When separating coordinate adjectives

Where two or more adjectives modify a noun equally they should be separated with commas.
Do not put comma between last adjective and noun
The chef prepared a delicious , savory , aromatic sauce.
She wore a beautiful, flowing, silk dress to the party.
If last adjective and noun together form the term modified by prior adjectives do not use
comma before last adjective.
The rare blue moon appeared in the night sky, a striking celestial event.
In that small, quiet , gray stone house we spent the summer.
The company hired a skilled, innovative software developer.

If one adjective modifies another do not separate with a comma

The painter chose a deep red pigment to create the dramatic evening sky in his
landscape.
The company launched a new large scale initiative to improve employee well being.

To tell whether adjectives are equal modifiers try mentally rearranging the adjectives or
inserting them between words and if the meaning does not change the adjectives are equal
modifiers.

To set off transitional or interrupting words or phrases

Use commas to set off transitional words e.g. (therefore, thus, furthermore ,moreover) at the
beginning or middle of a sentence.
Therefore, we can conclude that the results are statistically significant

If transitional word is between two independent clauses, put a semicolon in front of it and a
comma after it.
The team practiced every day; therefore, they were confident they would win the
championship.
The weather was beautiful this morning; however, the forecast predicts rain this
afternoon.


If a term of direct address interrupts a sentence ,set it off with commas

We should, my dear friend, get coffee soon.
Thank you for your support, ladies and gentlemen, and for your continued loyalty.

To set off dates , titles, geographic names and short quotations

Different sources use different formats in writing dates

On July 15 ,2025, our school will host the chess championship tournament.
On 7 July 2025, the long awaited Miko festival was set to begin.
The semester break for business students commences on November 15th of 2025.

Titles following a persons name are non restrictive and should be set off with commas
Mr. James Harrison, CEO of the company, announced the new project.

Use a comma to separate geographic place names (cities from states and states from nations)
The plane was expected to land in Cairo, Egypt.
The meeting is set to take place in Royal Hotel in Nairobi,Kenya.
Use a comma to introduce a short quotation unless it is incorporated into your sentence
The police officer stated, ‘’You have the right to remain silent.’’

SEMI COLON (;)

A Semi colon is a punctuation mark.
How is it used?
You can think of it as a bridge: it links ideas that can stand are connected but could stand
alone.
[Link] join two closely related independent clauses without a conjunction
examples
[Link] Munoz had just witnessed his wife’s death; he was in a state of deep shock.
2. I am tired; I must finish my homework.
[Link] defendant was found guilty of fraud; the court sentenced him to five years in prison.
A conjunction also links two ideas so one can use either (FANBOYS)
[Link] separate items in a complicated series
Examples,1. The prosecutor called the following witnesses: Susan Wu; a psychiatrist,
Michael Bradford; a ballistic expert and George Frye; a police investigator
[Link] agreement shall terminate upon the occurrence of any of the following (a)the
dissolution, bankruptcy, or insolvency of either party;(b) the failure of the buyer to make
payment within 30 days of the due date, after written notice has been provided; or(C)the
mutual consent of both parties, confirmed in writing.
Each sentence has commas thus a semicolon is used to act as clear dividers so that the list is
not confusing.

COLON
A colon indicates that what follows is a summary or elaboration of what precedes it., or is a
series or is a long quotation.
Using a colon to introduce a series
When using a colon, the statement that comes before the colon should be able to stand alone
as a clause. for example, “the employment act protects employees against unfair labor
practices in the following areas: termination, discrimination, and conditions of work.
The statement ‘the employment act protects employees against unfair labor practices …’is a
standalone clause.
N/B do not put a colon between a verb and its object or between a preposition and its object.
For example, “the constitution of Kenya guarantees freedom of expression, freedom of
association, and freedom of conscience.”
Instead, just write, ‘the constitution of Kenya guarantees freedom of expression, freedom of
association and freedom of conscience.’
Using a colon to introduce a summary, elaboration, or illustration
For example, ‘the doctrine of separation of powers is fundamental to the constitution: it
ensures that the legislature, the executive and the judiciary remain distinct and acts as checks
and balances on each other.’
You can also use a colon to join two interdependent clauses if the first clause introduces the
second clause, or if the two clauses have a cause-and-effect relationship. For example, “the
contract was void for uncertainty: the parties had failed to agree on the essential terms”
“The DNA evidence is vital: it is our only proof that the defendant was at the scene.
Using a colon to introduce a long quotation
You should ordinarily use a comma to introduce short quotations, but if the quotationis
longer than one sentence, then use a colon.
For example, “In Donoghue v Stevenson, lord Atkin stated the principle of duty of care as
follows: you must take reasonable care to avoid acts or omissions which you can reasonably
foresee would be likely to injure your neighbour,”