US
Government Style Manual
Is the spelling and usage
of a proper name defined
officially by US Government?
Yes. The United States Government
Printing Office in their
"Style Manual,"
March 1984 edition (the
most recent edition published
as of March 2000), provides
comprehensive grammar, style
and usage for all government
publications, including
court and legal writing.
Chapter 3, "Capitalization,"
at § 3.2, prescribes
rules for proper names:
"Proper
names are capitalized. [Examples
given are] Rome, Brussels,
John Macadam, Macadam family,
Italy, Anglo-Saxon.
At Chapter 17, "Courtwork,
the rules of capitalization,"
as mentioned in Chapter
3, are further reiterated:
"17.1.
Courtwork differs in style
from other work only as
set forth in this section;
otherwise the style prescribed
in the preceding sections
will be followed."
After reading §17 in
entirety, I found no other
references that would change
the grammatical rules and
styles specified in Chapter
3 pertaining to capitalization.
At § 17.9, this same
official US Government manual
states:
"In
the titles of cases the
first letter of all principal
words are capitalized, but
not such terms as defendant
and appellee."
This wholly agrees with
Texas Law Review's Manual
on "Usage & Style"
as referenced above.
Examples shown in §
17.12 are also consistent
with the aforementioned
§17.9 specification:
that is, all proper names
are to be spelled with capital
first letters; the balance
of each spelled with lower
case letters.
Grammar,
Punctuation,
and Capitalization
"The
National Aeronautics and
Space Administration"
(NASA) has publish one of
the most concise US Government
resources on capitalization.
NASA publication SP-7084,
"Grammar, Punctuation,
and Capitalization."
A Handbook for Technical
Writers and Editors, was
compiled and written by
the NASA Langley Research
Center in Hampton, Virginia.
At Chapter 4, "Capitalization,"
they state in 4.1 "Introduction:"
"First
we should define terms used
when discussing capitalization:
•
All caps means that every
letter in an expression
is capital, LIKE THIS.
•
Caps & lc means that
the principal words of an
expression are capitalized,
Like This.
•
Caps and small caps refer
to a particular font of
type containing small capital
letters instead of lowercase
letters.
Elements
in a document such as headings,
titles, and captions may
be capitalized in either
sentence style or headline
style:
•
Sentence style calls for
capitalization of the first
letter, and proper nounsof
course.
•
Headline style calls for
capitalization of all principal
words (also called caps
& lc).
Modern
publishers tend toward a
down style of capitalization,
that is, toward use of fewer
capitals, rather than an
up style."
Here
we see that in headlines,
titles, captions, and in
sentences, there is no authorized
usage of all caps. At 4.4.1.
"Capitalization With
Acronyms," we find
the first authoritative
use for all caps:
"Acronyms
are always formed with capital
letters. Acronyms are often
coined for a particular
program or study and therefore
require definition. The
letters of the acronym are
not capitalized in the definition
unless the acronym stands
for a proper name:
Wrong
- The best electronic publishing
systems combine What You
See Is What
You Get (WYSIWYG) features...
Correct
- The best electronic publishing
systems combine what you
see is what you get (WYSIWYG)
features...
But
Langley is involved with
the National Aero-Space
Plane (NASP) Program.”
This
cites, by example, that
using all caps is allowable
in an acronym. "Acronyms"
are words formed from the
initial letters of successive
parts of a term. They never
contain periods and are
often not standard, so that
definition is required.
Could this apply to lawful
proper Christian names?
If that were true, then
JOHN SMITH would have to
follow a definition of some
sort, which it does not.
For example, only if JOHN
SMITH were defined as 'John
Orley Holistic Nutrition
of the Smith Medical Institute
To Holistics (JOHN SMITH)'
would this apply.
The
most significant section
appears at 4.5., "Administrative
Names":
"Official
designations of political
divisions and of other organized
bodies are capitalized:
•
Names of political divisions;
•
Canada, New York State;
•
United States Northwest
Territories;
•
Virgin Islands, Ontario
Province;
•
Names of governmental units,
US Government Executive
Department, US Congress,
US Army;
•
US Navy.”
According
to this official US Government
publication, the States
are never to be spelled
in all caps such as “NEW
YORK STATE.” The proper
English grammar —
and legal — style
is “New York State.”
This agrees, once again,
with Texas Law.
Review's
Manual on Usage & Style.
The
Use of a Legal Fiction
The
Real Life Dictionary of
the Law
The authors of "The
Real Life Dictionary of
the Law,"
Gerald and Kathleen Hill,
are accomplished scholars
and writers. Gerald Hill
is an experienced attorney,
judge, and law instructor.
Here is how the term legal
fiction is described:
"Legal
fiction. n. A presumption
of fact assumed by a court
for convenience, consistency
orto achieve justice. There
is an old adage: Fictions
arise from the law, and
not law from fictions.'
Oran's
Dictionary of the Law
From
Oran's "Dictionary
of the Law," published
by the West Group 1999,
within the definition of
"Fiction" is found:
"A
legal fiction is an assumption
that something that is (or
may be) false or nonexistent
is true or real. Legal fictions
are assumed or invented
to help do justice. For
example, bringing a lawsuit
to throw a nonexistent ‘John
Doe’ off your property
used to be the only way
to establish a clear right
to the property when legal
title was uncertain."
Merriam-Webster's
Dictionary of Law
"Merriam-Webster's
Dictionary of Law"
1996 states:
"legal
fiction: something assumed
in law to be fact irrespective
of the truth or accuracy
of that assumption. Example:
the legal fiction that a
day has no fractions —
Fields V. Fairbanks North
Star Borough, 818 P.2d 658
(1991)."
This is the reason behind
the use of all caps when
writing a proper name. The
US and State Governments
are deliberately using a
legal fiction to "address"
the lawful, real, flesh-and-blood
man or woman. We say this
is deliberate because their
own official publications
state that proper names
are not to be written in
all caps. They are deliberately
not following their own
recognized authorities.
In the same respect, by
identifying their own government
entity in all caps, they
are legally stating that
it is also intended to be
a legal fiction. As stated
by Dr. Mary Newton Bruder
in the beginning of this
memorandum, the use of all
caps for writing a proper
name is an "internal
style" for what is
apparently a pre-determined
usage and, at this point,
unknown jurisdiction.
The main key to a legal
fiction is assumption as
noted in each definition
above.
Conclusion: There are no official or
unofficial English grammar
style manuals or reference
publications that recognize
the use of all caps when
writing a proper name. To
do so is by fiat, within
and out of an undisclosed
jurisdiction by unknown
people for unrevealed reasons,
by juristic license of arbitrary
presumption not based on
fact. The authors of the
process unilaterally create
legal fictions for their
own reasons and set about
to get us to take the bait,
fall for the deceit. |