| 释义 |
judicial, a. and n.|dʒuːˈdɪʃəl|
[ad. L. jūdiciāl-is, f. jūdici-um judgement: see -al1. Cf. OF. judicial (in Gower), later -iel.]
A. adj.
1. Of or belonging to judgement in a court of law, or to a judge in relation to this function; pertaining to the administration of justice; proper to a court of law or a legal tribunal; resulting from or fixed by a judgement in court. (Also fig. in reference to God, conscience, etc.)
judicial murder, murder (or what is asserted to be such) wrought by process of law; an unjust though legal death sentence.
1382Wyclif Neh. iii. 30 Unto the hous of sodeknys, and of the men sellende sheldis aȝen the judicial ȝate. a1420Hoccleve De Reg. Princ. 2683 He bad men fla hym quyk out of his skynne, And þer-with keuyr þe iudicial see. c1530L. Cox Rhet. (1899) 71 Oracyons iudiciall be, that longe to controuersies in the lawe, and plees. 1580Hollyband Treas. Fr. Tong, On se sied en iugement, they sit at the Iudiciall seat. 1615G. Sandys Trav. 6 Where all causes are adjudged, both criminall and judiciall. 1675Baxter Cath. Theol. ii. 239 Most Protestant Divines..say that Justification is a Judicial Sentence of God as Judge. 1767Blackstone Comm. II. xxx. 461 A series of judicial decisions, which have now established the law in such a variety of cases. 1844H. H. Wilson Brit. India III. 290 The association of the legislative and judicial power was open to obvious objection. 1858Ld. St. Leonards Handy-bk. Prop. Law xii. 73 Judicial separation is a new term introduced for the old divorce a mensâ et thoro. 1861J. Paget Puzzles & Par. (1874) 147 The many judicial murders which disgraced that period of our history. 1881Gladstone Sp. in Ho. Comm. 22 July, A judicial rent was a rent fixed according to the judgment of a judicial body, a dispassionate and impartial body between man and man.
b. Enforced by secular judges and tribunals: in judicial law, opp. to moral and ceremonial.
1551T. Wilson Logike (1580) 15 b, The Morall Lawe standeth forever,..The Iudiciall lawe is next, the whiche..we be not bound to observe as the Israelites were. 1650Hobbes De Corp. Pol. 190 Thou shalt not steal, is simply a Law; but this, He that stealeth an Ox, shall restore four-fold, is a Penal, or as other call it, A Judicial Law. 1651Baxter Inf. Bapt. 102 A meer Judiciall Law proper to the Jewish Common-Wealth. 1819R. Hall Wks. (1841) V. 327 The laws given to the Israelites were of three kinds—ceremonial, judicial, and moral.
c. Theol. Inflicted by God as a judgement or punishment; of the nature of a divine judgement.
1613Purchas Pilgrimage (1614) 151 That first Anathema and iudiciall curse..denounced against the Samaritans for hindering the worke of the Temple. 1792Burke Pres. St. Aff. Wks. VII. 113 What is called a judicial blindness, the certain forerunner of the destruction of all crowns and Kingdoms. 1815Southey in Q. Rev. XIII. 275 Almost it seems as if he, and the flagitious army by which he is supported,..were stricken with judicial blindness. 1849Macaulay Hist. Eng. viii. II. 277 An infatuation such as, in a more simple age, would have been called judicial.
d. judicial factor (Sc. Law): ‘a factor or administrator appointed by the Court of Session on special application by petition, setting forth the circumstances which render the appointment necessary’ (W. Bell Dict. Law Scot. 1861) see factor n. 5.
1849Act 12 & 13 Vict. c. 51 §1 The Expression ‘Judicial Factor’..shall mean Factor loco tutoris, Factor loco absentis, and Curator bonis. 1861W. Bell Dict. Law Scot. 484/1 Before a judicial factor can obtain his discharge, the Court must be satisfied that he has faithfully performed his duty. 1894Daily News 6 June 8/6 Charged.. with stealing 1,100l. from two estates on which he was judicial factor.
2. Having the function of judgement; invested with authority to judge causes.
1561T. Norton Calvin's Inst. iii. xii. §1 We purpose not to speake of the righteousnesse of a worldly iudiciall courte, but of the heauenlye iudgement seat. 1601Sir W. Cornwallis Disc. Seneca (1631) 4 Yet cannot these present their griefes to judiciall men. 1769Junius Lett. xxii. 103 The returning officer is not a judicial, but a purely ministerial officer. 1863H. Cox Instit. i. iii. 15 Parliaments were originally judicial as well as legislative assemblies.
b. judicial combat (judicial duel), one engaged in for formal decision of a controversy.
1820Scott Ivanhoe xliv. 1828― F.M. Perth xxv, That the pretended judicial combat was a mockery of the divine will, and of human laws. 1834L. Ritchie Wand. by Seine 56 The practice of private duels grew naturally out of judicial combats. 1882H. Spencer Princ. Sociol. §522 Judicial duels..continued in France down to the close of the 14th century.
c. Judicial Committee of the Privy Council: one of the two Appellate Tribunals in Great Britain, established in 1832 for the disposal of appeals made to the King in Council.
These are chiefly appeals from the Colonial and Ecclesiastical Courts. Other appeals formerly made to the King in Council now come before the Court of Appeal as constituted by the Judicature Acts.
1841Penny Cycl. XIX. 24 By 3 and 4 Wm. IV., c. 41, the jurisdiction of the privy council is further enlarged, and there is added to it a body entitled ‘the judicial committee of the privy council’. 1863H. Cox Instit. ii. vii. 485 Besides the House of Lords, there is another supreme tribunal of appeal—the Queen in Council, whose judicial functions are delegated to the Judicial Committee of the Privy Council. The jurisdiction of the Committee is exercised principally to review judgments of the Colonial, the Ecclesiastical, and the Admiralty Courts. 1872J. Irving Ann. Time 985/2 (23 Feb. 1871) The Judicial Committee of the Privy Council give judgment in the appeal of the Rev. Mr. Purchas, known as the ‘Brighton Ritual Case’.
3. Of a judge; proper to a judge.
1800Asiat. Ann. Reg., Proc. E. Ind. Ho. 58/2 [These men] somewhat similar to aldermen in London..did lately send a memorial desiring judicial salaries. a1832Mackintosh Life More Wks. 1846 I. 409 That concentration of authority in the hands of the superior courts at Westminster, which contributed indeed to the purity and dignity of the judicial character. 1856Froude Hist. Eng. (1858) I. ii. 135 A political difficulty..was laid before the pope in his judicial capacity, in the name of the nation. 1888Bryce Amer. Commw. II. ii. xlii. 120 What is called, even in America where robes are not worn, the ‘purity of the judicial ermine’.
4. Giving judgement or decision upon any matter; forming or expressing a judgement; disposed to pass judgement; relative to judgement; critical.
1589Nashe Pref. Greene's Menaphon (Arb.) 8 More iudiciall in matters of conceit, than our quadrant crepundios, that spit ergo in the mouth of euerie one they meete. 1632Deloney Thomas of Reading in Thoms E.E. Prose Rom. (1858) I. 135 It becommeth not me to controule your iudiciall thoughts. 1841–4Emerson Ess., Over-Soul Wks. (Bohn) I. 119 The intercourse of society..is one wide, judicial investigation of character. 1846Sumner Pickering in Orat. & Sp. (1850) II. 459 His mind was rather judicial than forensic in its cast. 1896N. & Q. 8th Ser. IX. 160/2 The Quarterly Review has for many years been distinguished for its judicial fairness.
b. Pertaining to the judgement of the reputed influence of the heavenly bodies upon human affairs. judicial astrology: see astrology 1 b.
c1391Chaucer Astrol. ii. §4 Theise ben obseruauncez of iudicial matiere & rytes of paiens, in which my spirit ne hath no feith, ne no knowyng of hir horoscopum. 1475Bk. Noblesse (Roxb.) 60 The noble science of suche judicielle mater in causis naturelle concernyng the influence of the bodies of hevyn. 1560[see astrology 1 b]. 1642Fuller Holy & Prof. St. ii. vii. 74 As for judiciall Astrology (which hath the least judgement in it) this vagrant hath been whipt out of all learned corporations. 1728Pemberton Newton's Philos. 7 Addicted to judicial astrology..and to such-like superstitions. 1827Bentham Ration. Evid. Wks. 1843 VII. 210 Among alchymists and judicial astrologers there have been those who have been dupes to the impostures by which they profited.
†c. Med. That determines the issue, or belongs to the crisis, of a disease: = critical 4. (Sometimes with combination of prec. sense.) Obs.
1544T. Phaer Regim. Lyfe (1553) G j b, If the iaundis..appeare in the vj day, beyng a day iudicial or cretike of the ague,..it is a very good sygne. 1651Culpepper Astrol. Judgem. Dis. (1658) 32 The time or houses noted betwixt the Crisis, are called the judicial times, or such times wherein a man may judge what the disease is, or what it will be.
†d. Rhet. Critical. Obs.
1576Fleming Panopl. Epist. Ep. A, Of Epistles, some be demonstrative, some suasorie, and other some iudiciall. 1586A. Day Eng. Secretary i. (1625) 20, 4. speciall heads, that is to say; Demonstrative, Deliberative, Judicial, and Familiar Letters. 1620T. Granger Div. Logike 3 Every proposite or matter conceived..is reduced to three heads, or kinds, Demonstrative, Deliberative, Judiciall.
†5. That has or shows sound judgement; judicious. Obs.
1581Sidney Apol. Poetrie (Arb.) 33 The same man..should..grow..to a iudicial comprehending of them. 1616Bullokar, Iudiciall,..also wise; graue, of great iudgement. 1624Capt. Smith Virginia v. 200 He shewed himselfe so iudiciall and industrious as gaue great satisfaction.
B. n. [Elliptical uses of the adj.]
†1. A judicial law or ordinance: see A. 1 b. Obs.
c1380Wyclif Wks. (1880) 285 Sermonyalis of þe oolde lawe & summe iudycialis bynden nouȝt now. c1449Pecock Repr. 18–19 The posityf lawe of the ceremonyes iudicialis & sacramentalis. 1577tr. Bullinger's Decades (1592) 404 The Iudicials teach the gouernment of an house or a common weale. 1652Sparke Prim. Devot. (1663) 417 In all the judicials and ceremonials..there was ever somewhat moral wrapped up in them. 1721St. German's Doctor & Stud. 344 By the law of God in the Old Testament, called the Judicials.
†2. Determination, decision, judgement. Obs.
1447O. Bokenham Seyntys (Roxb.) 158 Aftyr the judycyal of very resoun To lovyn hys credytour most holdyn was he Wych of hys dette had most pardoun. 1589Nashe Anat. Absurd. Epist. ⁋iij, Whose effectuall iudiciall of your vertues made such deepe impression in my attentive imagination. 1631T. Powell Tom All Trades 32 There is no true judiciall of the falling and rising of commodities.
†b. Astrol. A determination or conclusion as to a future event from the positions of the heavenly bodies; the system of such determinations. Obs.
1496Dives & Paup. (W. de W.) i. xxxiv. 73 They that..take hede to the Iudycyall of astronomye or to dyuynacyons. 1561Eden Arte Nauig. Pref., The..phantasticall obseruations of the iudicials of astrologie. 1652Gaule Magastrom. 23 Where is obliquity but in the judicials of astrologie?
†c. Med. Determination of the nature of a disease; diagnosis. Obs.
1512(title) Iudycyall of Uryns. 1548Udall Erasm. Par. Luke Pref. 10 The corporall physicians doo often tymes varie..in their iudicials of the diseases.
†3. A legal judgement. Obs.
1534Barnes Supplic. King ii. Wks. (1572) 209 It is to your condemnation, and to your ignomynie, that you doe exercise iudicials among you. 1660Burney κέρδ. Δῶρον 99 Our Saviours own argument concerning the Iudicials of an Infidel, He can but kill the body.
†b. An instrument of legal punishment. Obs.
c1640J. Smyth Lives Berkeleys (1883) I. 201 Stocks, cage, tumbrell, pillory, Cucking-stoole and other Juditialls and castigatories.
Hence judiciˈality, juˈdicialness, the quality or character of being judicial; judicialize |dʒuːˈdɪʃəlaɪz| v. trans., to treat judicially, arrive at a judgement or decision upon.
1727Bailey vol. II., Judicialness, judicial Quality, State or Condition. 1867Pall Mall G. 5 Jan. 1 His mind..has something different, in its kind of judiciality, from what is usually meant by impartial intellectual judgment. 1877T. Sinclair Mount 6 Must one..judicialise the problem whether Shakespeare died from a debauch, before one can have soul-liftings with [him] on the divine spirit's wings.
Add:[A.] [2.] d. judicial review orig. U.S., a process whereby a judicial body re-examines and rules upon a matter previously decided in another (esp. subordinate) court or assembly; spec. in the U.S., a procedure by which the Supreme Court may pronounce on the constitutional validity of a legislative act; an instance of this. Hence, any process by which a judicial body rules upon the legal validity of some action, condition, etc., referred to it for assessment.
1851Federal Cases (U.S.) (1895) IX. 793/1 The propriety of the reissue in the case before us can hardly claim a judicial review. 1882Supreme Court Reporter (U.S.) I. 346 The District Court, in correcting the order of distribution made by the trustees, acted within its powers, and..that order has passed beyond judicial review. 1923Central Law Jrnl. XCVI. 277/2 It is also generally known that it is proposed by constitutional amendment to take from the Supreme Court the power of judicial review of legislative enactment. 1955Alabama Law Rev. VII. 378 When mandamus is sought as a means of judicial review, if petitioner can show that he has no adequate remedy by way of appeal [etc.]. 1959S. A. de Smith Judicial Rev. Admin. Action i. 16 In England judicial review is a function of the ordinary courts and has developed empirically from the fundamental principles that the courts are competent to pass on the vires of administrative action and that it is for the superior courts to contain inferior tribunals within their allotted jurisdiction. 1966Texas Law Rev. XLIV. 939 When one looks at the problems which judicial review of law enforcement activities presents to police departments, [etc.]. 1982Financial Times 5 Feb. 27/4 The Commodity Futures Trading Commission..has said ‘no’..to the courts who want judicial review of CFTC emergency powers. 1991Industrial Law Jrnl. XX. 294 Once the revised statutes are in place, an academic who is dismissed will have three possible causes of action: for unfair dismissal, wrongful dismissal or judicial review. 1996Daily Mail 19 Mar. 51/4 Judicial review is a relatively recent way by which an administrative decision, such as that made by a civil servant or minister, or a quasi-judicial or judicial decision, such as that made by a tribunal, may be reviewed by the High Court. |