In legislative drafting, as in other types of writing, we are often confronted
with the problem of compound words and phrases-and where to use hyphenation
effectively in order to make meaning clear. Despite the wide diversity in modern
English usage in respect of hyphens (including disagreement among language specialists),
there is, according to Fowler, "one principle that seems to command at
least lip service from authorities. This is that the hyphen is not an ornament
but an aid to being understood, and should be employed only when it is needed
for that purpose."
With this in mind, the Legislative Services Branch has
formulated some general guidelines with respect to hyphenation and current accepted
usage. Although personal preference may often diverge from generally accepted
usage, the main objective of these guidelines is to assist in improving the
readability of legislation.
Hyphenation may aid in establishing the grammatical and semantic relationships
among words in compounds. We all recognize that an "old furniture-dealer"
and an "old-furniture dealer"
are not the same thing - thus strengthening
the argument that hyphenation does effectively contribute to meaning.
However, we sometimes experience difficulty in deciding how best to express
the inter-connectedness of compounds - especially when dealing with sometimes
complex compound modifiers. Proper use of hyphenation, when
and where required, can help clarify meaning.
While numerous types of compounds exist, this note will concentrate on only two of them: compound nouns and compound modifiers. These two types seem to be the most problematic (and recurrent) in terms of drafting legislation. The note also looks at the capitalization of hyphenated compounds and includes a table of examples. First, a look at the basic notion of compounds.
Several types of compounds exist:
"middle class";
"subject-matter"(our usage, following the OED); and
"childlike".
In English, many compounds - over time - go through all three types, transforming
from open to hyphenated to closed form (for example, "fire fly"
, "fire-fly"
,
"firefly"
). The hyphen is often introduced as a visual link, so as
to make the distinction that is made in speech by stressing the first word of
the compound. A good dictionary, such as the Gage Canadian Dictionary,
is your best source for determining the "current"
status of such compounds
(including those based on prefixes and suffixes).
1.1 Hyphenate two nouns in apposition that indicate different but equally
important functions (for example, "tractor-trailer"
, "city-state"
).
The compound constitutes a new, single idea.
1.2 Hyphenate nouns normally written as two words, when they are preceded
by a modifier which might create an ambiguity ("letter writers"
but
"public letter-writers"
- the latter expression clarifying that
the letter writers write for the public, rather than that they write letters
that are of a public nature).
Also, when a modifier applies to the first component of a compound noun usually
written as one word, the compound noun must be separated into its component
parts and joined to the modifier with a hyphen ("ironworker"
but
"structural-iron worker"
).
1.3 Hyphenate compound units of measurement created by combining single
units that stand in a mathematical relationship to each other (for example,
"person-day"
, "kilowatt-hour"
).
1.4 Noun-plus-gerund compounds are not hyphenated,
except when used adjectivally (more on this later - see Compound Modifiers,
item 2.8). They may appear as separate or single words (for example, "decision
making"
, "problem solving"
, "shipbuilding"
). (Note,
however, that Canadian legislation contains several examples of hyphenated "decision-making"
even when not used adjectivally. This is not recommended usage.)
Compound modifiers are often hyphenated to avoid confusion, such as the "old-furniture
dealer"
mentioned above. This is especially the case when compound modifiers
precede the noun they modify ( for example, "an oil-based mixture"
).
When they follow the noun, there may be less need to use hyphenation
to indicate meaning, but such hyphenation removes any ambiguity.
Most of our problems with knowing when and where to correctly hyphenate compound modifiers arise when such modifiers are themselves compounded with others.
Here are a few guidelines on compound modifiers and hyphenation.
2.1 Unlike adjectives, adverbs (particularly those ending in "ly"
)
are not usually hyphenated when compounded with other modifiers (for example,
"publicly held securities"
). The function of an adverb is to qualify
the word next to it, so there is little chance of misunderstanding. However,
when an adverb might be mistaken for an adjective, a hyphen will distinguish
between the two (for example, "extra-judicial duties"
rather than
"extra judicial duties"
).
2.2 Hyphenate noun-plus-adjective compounds - when they occur in that
order - whether used attributively (before the noun) or predicatively (after
the noun) (for example, "duty-free goods"
, "goods that are duty-free"
).
Similarly, noun-plus-participle compounds are also hyphenated (for example, "time-consuming activity"
,
"an activity that is time-consuming"
).
2.3 Comparative and superlative forms of adjectives are hyphenated
when compounded with other modifiers (for example, "shorter-term loan"
).
2.4 Hyphenate compound adjectives in which one element is a cardinal
or ordinal number (whether a figure or a word) and the other a noun (for example,
"six-month period"
, "12-person capacity"
). The introduction
of the "open"
style into the 1985 Statute Revision (for example, six
month period) has been superseded.
2.5 To avoid ambiguity, adjective-plus-noun and participle-plus-noun
compounds, when modifying another noun, are usually hyphenated (for example,
"crude-oil exporting countries"
, "large-scale development"
).
Even if this type of compound follows the noun it modifies - as long
as it remains adjectival - it is hyphenated (for example, "a development
that is large-scale"
).
2.6 Adjective-plus-participle compounds, whether used before or after
the noun, are hyphenated (for example, "an odd-sounding name"
, "a
name that is odd-sounding"
).
2.7 Adjectives joined with a noun having the "ed"
ending
are always hyphenated (for example, "able-bodied"
).
2.8 Two-word compound adjectives made of a noun and a gerund - when
they precede the noun they modify - are hyphenated (for example, "decision-making
process"
).
2.9 Compound adjectives whose final component is an adverb of direction
or place (in, out, down, up, etc.) - when they precede
the noun - are also hyphenated (for example, "drive-by shooting"
).
2.10 Preposition-plus-noun compound adjectives are hyphenated as well
(for example, "after-tax income"
).
2.11 However, chemical terms used as adjectives are not hyphenated
(for example, "calcium nitrate deposit"
).
2.12 "Suspended"
compounds, in which an element common to
successive compound adjectives is omitted, are hyphenated (for example, "interest-
or revenue-producing scheme"
, "two-, four- and six-metre widths"
).
2.13 Adjectival phrases are often hyphenated to avoid confusion with
nouns. For example, "the common law"
is a noun phrase, while
"common-law partner"
is an adjectival phrase. Hyphenation also
promotes clearer understanding when two (or more) compound adjectives modify
one noun (for example, "common-law mirror-image rule"
).
A lack of hyphens in such adjectival phrases can cause readers to stumble
and struggle for meaning. A phrase such as "the benefit of insurance and
waiver of subrogration clauses"
should be hyphenated to read "the
benefit-of-insurance and waiver-of-subrogration clauses"
.
Common sense should dictate when adjectival phrases need to be reined in and
the sentence or phrase reworked. The hyphenation in "a waiver-of-all-rights-to-subrogration
clause"
does not facilitate understanding - the drafter would be
better advised to opt for "a clause waiving all rights to subrogation"
.
According to Fowler, compound modifiers are often a case of all or nothing
when it comes to hyphenation. Neither hyphen can be dispensed with in such phrases
as "three-quarter-hour intervals"
or "submarine-cable-laying
ships"
. However, by introducing a preposition and rephrasing, the hyphens
may be done away with entirely (for example, "intervals of three quarters
of an hour"
).
Note that the adjectival phrases mentioned in this subitem precede
the noun they modify. The presence of an adverb or preposition in such phrases
is often a signal to hypenate (for example, "cost-of-living index"
,
"coming-into-force date"
, "on-the-job training"
, "subject-by-subject
analysis"
).
When capitalizing hyphenated compounds, one rule of thumb is to always capitalize
the first element and to capitalize the second element if it is a noun or proper
adjective or if it has equal force with the first (for example, "Risk-Taker"
,
"Non-Christian"
, "City-State"
).
In general, do not capitalize prefixes and suffixes added to proper nouns
(for example, "American-made"
). Also, do not capitalize the second
element if it is a participle modifying the first element or if both elements
constitute a single word (for example, "English-speaking People"
,
"Self-sustaining Reaction"
, "E-flat Minor"
).
Despite the vagaries and seeming contradictions of various sourcebooks and
rules, hyphenation, when used with common sense, can help clarify the
meaning of compounds. Visualize the absurdity represented by the non-hyphenated
phrase "a fair skinned English gentleman"
. By signalling the structural
relationships among the component parts of compounds, hyphenation assists the
reader in navigating the text. The examples set out above are only a beginning,
but they do show the precision that may be achieved through a discriminating
use of the hyphen.
Structure
Example
noun plus noun, equal function (see 1.1)
city-state
one-word compound noun, first component of which is modified (see 1.2)
structural-iron worker
two word compound noun, possibly ambiguous modifier (see 1.2)
public letter-writers
units of measurement (mathematical relationship) (see 1.3)
person-day
noun plus participle (see 2.2)
time-consuming activity
noun plus adjective (in that order) (see 2.2)
duty-free goods
noun plus gerund, adjectival (when before noun) (see 2.8)
the decision-making process was flawed
comparative/superlative plus other modifier (see 2.3)
shorter-term loan
adjectives with cardinal/ordinal number (see 2.4)
six-month period
adjective plus participle (see 2.6)
odd-sounding name
adjective plus noun with "ed"
ending (see 2.7)
able-bodied person
adjective with an adverb of direction or place (when before noun) (see 2.9)
drive-by shooting
suspended compounds (see 2.12)
interest- or revenue-producing scheme
preposition plus noun, when adjectival (see 2.10)
after-tax income
Structure
Example
adjective plus noun, when modifying another noun (see 2.5)
large-scale development
participle plus noun, when modifying another noun (see 2.5)
crude-oil exporting countries
Structure
Example
noun plus gerund, non-adjectival (see 1.4)
the Board's decision making was unprofessional
adverb plus other modifier (see 2.1)
publicly held securities
chemical terms, adjectival (see 2.11)
calcium nitrate deposit
Fowler, H.W., A Dictionary of Modern English Usage, pp. 255-258.
Garner, B.A., A Dictionary of Modern Legal Usage, p. 18.
Jarvie, Gordon, Bloomsbury Grammar Guide, pp. 9, 10, 23, 129-132.
Public Works and Government Services Canada, The Canadian Style, pp. 37-48.
Quirk, R. and Greenbaum, S. A., University Grammar of English, Appendix III.3.
University of Chicago Press, The Chicago Manual of Style, pp. 176 -179.