ABSTRACT

One of the most unusual aspects of old-fashioned contract drafting was the belief among lawyers and judges that punctuation was unimportant. The prevailing view in common law jurisdictions was that the meaning of legal documents should be ascertained from the words of the document and their context rather than from punctuation. Accordingly, old-fashioned legal drafting tends to involve little or no punctuation. This makes it extremely hard to read and potentially highly ambiguous. For example, consider these unpunctuated sentences:

This man said the judge is a fool. Woman without her man would be a savage.