Bryan A. Garner

Garner’s Usage Tip of the Day: whence.

“Whence” (= from where; from which; from what source) is an especially formal word that some readers consider stilted. Rudolf Flesch prematurely called it “obsolete,” perhaps to reinforce his absolute recommendation to use “from where” instead. (See The ABC of Style 294 [1964].) But “from where” would hardly work in every context, and “whence” retains …

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LawProse Lesson # 164: What’s the difference between a court’s finding and a court’s holding?

Lesson #164 What’s the difference between a court’s finding and a court’s holding? Judges at any level make findings of fact and holdings or conclusions of law. Good legal writers observe the distinction and never say that a court holds on questions of fact. Ex.: Because the court finds that the jury’s finding is supported by the evidence, the court holds that …

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Garner’s Usage Tip of the Day: what with.

what with. This phrase — meaning “in view of,” “in consequence of,” or “considering (one or more specified things)” — dates back to Old English. It begins an adverbial phrase — e.g.: o “This is a city in perpetual health crisis, what with drugs, AIDS, and teenage pregnancy, not to mention the occasional appearance of …

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Garner’s Usage Tip of the Day: what it is is.

what it is is. Sentences with this ungainly construction seem much on the rise, although examples can be found in older sources: o “What the O’Rourke study really is is simply a glorified set of examinations in grammar.” Janet Rankin Aiken, Commonsense Grammar 244 (1936). o “What it is is a judicious mixing of standard …

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Garner’s Usage Tip of the Day: whatever; whatsoever.

whatever; whatsoever. Part A: Intensive Use. As an intensive (meaning “at all”), “whatsoever” is an established idiom in American English {he had no reason whatsoever}, though it is obsolescent in British English. Still, many American stylists prefer the shorter word, “whatever” — e.g.: “OPIC provides no grants or free benefits of any kind to any …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. voyage; passage. A slight differentiation is possible. “Voyage” denotes a journey, especially by sea. “Passage” is almost synonymous with “voyage” in that sense, but it does not have as much connotation of returning. That is, “passage” usually denotes some sort of one-way change, such as (1) a progression from one place or state …

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Garner’s Usage Tip of the Day: what (3).

what (3). Today: Plural “what” Uses. Part A: In a Noun Clause Followed by a Plural Predicate. In this construction, “what” means “the things that” — e.g.: “What the judge principally wants to hear are the relevant cases.” Glanville Williams, Learning the Law 163 (11th ed. 1982). Although some would say that the following sentence …

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Garner’s Usage Tip of the Day: what (2).

what (2). Today: Singular “what” Uses. Part A: In a Noun Clause Followed by a Singular Predicate Noun. This construction is the easiest: “what” means “the thing that” and takes a singular verb. E.g.: “Unfortunately, what is needed is a return to terms and manners now maybe almost lost to our society.” Elliott Brack, “Phone …

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Garner’s Usage Tip of the Day: what (1).

what (1). Today: Singular or Plural? Eric Partridge opined that “what,” as the subject of a clause, generally takes a singular (third-person) verb regardless of what follows (not “what follow”) (Usage & Abusage at 362). Thus: o “What she wants is a new house.” o “What we need in this company is more type-A personalities.” …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. volitional; *volitive. “Volitional” = of or belonging to volition (i.e., an act of willing or resolving); pertaining to the action of willing. E.g.: “Mary Ann Sandoval . . . testified that she believed Stuart’s memory loss and behavioral problems were self-serving and volitional.” Ginny McKibben, “Suspect Cleared for Slay Trial,” Denver Post, 29 …

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Hirsch Report

In the wake of my friend Judge Richard A. Posner’s review of the Scalia–Garner book Reading Law—a review that accused Justice Scalia and me of manifold distortions and errors despite our extensive fact-checking—I retained a respected San Francisco lawyer, Steven A. Hirsch, to investigate and assess these allegations. The purpose was to have an independent …

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Garner’s Usage Tip of the Day: wet / wet(ted) / wet(ted).

wet / wet(ted) / wet(ted). This verb has both a regular and an irregular past and past participle form. In most contexts, “wet” is the predominant form — e.g.: o “She wet her whistle with a sip of water.” Warren Gerds, “Peters Pours on the Charm at Weidner Concert,” Green Bay Press-Gaz., 29 Sept. 2002, …

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Garner’s Usage Tip of the Day: welsher; welcher.

welsher; welcher. “Welsher” is the usual form; the term means “one who shirks his or her responsibility” and most commonly refers to one who does not pay gambling debts. E.g.: “But I don’t suppose he had a fermenting punter after him shouting ‘Welsher!’ at the top of his voice.” P.G. Wodehouse, The Return of Jeeves …

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LawProse Lesson #162: Singular or plural pronoun with an entity?

Should you use a singular or plural pronoun when referring to an entity? A pronoun must agree in number with its antecedent. Although that rule is usually simple enough, it becomes a little tricky when the antecedent is a collective noun — a word that is singular in form but denotes a group of people …

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Garner’s Usage Tip of the Day: Wellerisms.

Wellerisms. A wellerism (after Sam Weller or his father, two noted characters in Charles Dickens’s Pickwick Papers [1836-1837]), is a statement, especially a proverbial or allusive one, in which the speaker puts the words in a new light or a surprising setting, often by means of punning. E.g.: o “‘That’s food for reflection,’ as the …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. virtue of, by; *in virtue of. “By virtue of,” not *”in virtue of,” is now the idiomatic phrase. The latter is archaic. virtuoso. The plural is preferably “virtuosos” — not *”virtuosi” (a pedantic form that is less than half as common in modern print sources). virus. The plural is “viruses.” visor (= a …

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Garner’s Usage Tip of the Day: weep / wept / wept.

weep / wept / wept. So inflected. The erroneous form *”weeped” sometimes appears — e.g.: o “Players from both teams weeped [read ‘wept’] and prayed.” Jarrett Bell, “Terrifying Injury Ends Player’s NFL Career,” USA Today, 23 Dec. 1997, at A1. o “‘I can’t stand up. I can’t stand up,’ [Carolyn] Sims weeped [read ‘wept’] as …

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Garner’s Usage Tip of the Day: wed.

wed. This verb is traditionally inflected “wed / wedded / wedded.” As a past-tense form, “wed” is a variant that Webster’s New International Dictionary (2d ed.) labels “dialectal.” Stick with “wedded” — e.g.: o “Last year, the singer [Dan Fogelberg] wed [read ‘wedded’] his longtime fiancée, Anastasia Savage, who shares his love of oil painting.” …

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LawProse Lesson #161: Multiple punctuation marks.

Multiple punctuation marks. After last week’s lesson on punctuation with quotation marks, a few people asked how to punctuate a midsentence quotation that ends in a question mark. For example: By first deliberately stating an incorrect version of the events and then asking, “That’s the way it happened, isn’t it?” the detective lured the suspect …

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