| 释义 |
▪ I. res1|reɪz|
Pl. res.
[L., = thing.]
1. orig. in Law (see quots. 1851, 1854); hence gen., the condition of something; the matter in hand, the point at issue, the crux.
[1684G. Mackenzie Institutions Law of Scotland i. ii. 10, I do resolve, first, to lay down what concerns the Persons of whom the Law treats: Secundo, what concerns the things themselves treated of, such as rights, obligations &c. Tertio, the actions whereby these rights are pursued, which answers to the Civilians, objecta juris, viz. Personae, res, & Actiones.] 1851P. Colquhoun Summary Roman Civil Law II. 1 Res.. is used in contradistinction to persona... In another and more restricted sense it signifies those objects of rights which are neither personae, actiones, nor facta. 1854P. Cumin Man. Civil Law 59 Q. Define Res. A. All physical and metaphysical existences, in which persons may claim a right. 1923Law Rep. King's Bench Div. II. 439 If the res—the thing actually and directly in dispute—has been already adjudicated upon, of course by a competent Court, it cannot be litigated again. 1947Wodehouse Full Moon vi. 126 Do you mind if we get back to the res. Time presses. 1949W. Stevens in Trans. Connecticut Acad. Arts & Sci. Dec. 166 The poem is the cry of its occasion, Part of the res itself and not about it. 1966Wodehouse Plum Pie i. 23, I saw that I had better come to the res without delay.
2. Used in a number of Latin (esp. legal and philos.) phrases, as: res ˈcogitans Philos., the concept of man as that of a thinking being.
[1641Descartes Meditationes ii. 23 Sed quid igitur sum? res cogitans: quid est hoc? nempe dubitans, intelligens, affirmans, negans, volens, nolens, imaginans quoque, & sentiens.] 1904J. Iverach Descartes, Spinoza & New Philos. iii. 63 It is not possible to take the mind as a thing among other things; a mere res cogitans can apprehend nothing but thoughts or ideas. 1962M. McLuhan Gutenberg Galaxy 247 The mental res cogitans and the material res extensa. 1972Z. Vendler (title) Res cogitans: an essay in rational psychology.
res coˈmmunis Law, common property; something incapable of appropriation.
[a1259Bracton De Legibus (Rolls Ser., 1878) I. 54 Extra patrimonio autem dicuntur res sacræ, et religiosæ, et communes.] 1704T. Wood New Institute Imperial or Civil Law ii. i. 65 Res communes are those in which no Person has a Property, neither can any one be Master of them, or deprive others of the use of them. 1854P. Cumin Man. Civil Law 65 Q. When an island rises in the Sea, who is proprietor?.. A. The first occupier: until occupation, no one, it is a res communis. 1923W. S. Holdsworth Hist. Eng. Law (rev. ed.) II. iii. iii. 273 He [sc. Bracton] then discourses upon..res publicæ and res communes. In his treatment of the latter topic there are traces that he had read Azo hastily. 1970Internat. & Compar. Law Q. XIX. 237 It has been suggested that Antarctica has, in fact, become res communis.
res exˈtensa Philos., a material thing considered as extended substance.
1940Philos. & Phenomenol. Res. I. 181 This cosmos of meaning and unmeaning into which man is born, this rich structure of all kinds of relationships, is levelled down to the status of res extensa. 1962[see res cogitans].
res ˈgestæ, (an account of) things done, achievements; an account of a person's career; events in the past; in Law, the facts of a case, used esp. with reference to evidence that includes spoken words; also in sing. res gesta.
1616G. Carew Let. 24 Jan. (1860) 27 In this gazette you may not expect any more than res gestae. 1696W. Nicolson Eng. Historical Libr. I. 213 The like Scruples I have upon me as to some other Res Gestæ of this King, which are said to have been written by Robert Bale, sometime Recorder of London. 1794Trial of J. H. Tooke in T. B. Howell's State Trials (1818) XXV. 440 That letter your lordships have received, and, I believe, without any objection from this side of the table, probably upon the ground, that as it is an answer to an act which is charged against the prisoner, it is fit to be received as part of the res gesta upon the subject. 1815S. M. Phillipps Treat. Law of Evidence i. vii. 202 Hearsay is often admitted in evidence, as part of the res gestae; the meaning of which seems to be, that where it is necessary, in the course of a cause, to inquire into the nature of a particular act and the intention of the person who did the act, proof of what the person said at the time of doing it is admissible evidence, for the purpose of shewing its true character. 1930Burrows & Cahn S. L. Phipson's Law of Evidence vi. 54 Acts, declarations, and incidents which constitute, or accompany and explain, the fact or transaction in issue, are admissible, for or against either party, as forming parts of the res gesta. 1936Mind XLV. 518 Signor Gentile..roundly denies any distinction between res gestae and historia rerum gestarum, maintaining that all history is contemporary history. 1951S. F. Nadel Foundations Social Anthropol. i. 14 Events in the past, which, being as it were closed chapters, res gestae, and having had their particular consequences, exemplify more typically the just-so happenings which limit our search for regularities. 1959A. G. Woodhead Study of Greek Inscriptions 56 Cross⁓references concerning offices held or res gestae in general. 1969N. Dakota Law Rev. Winter 208 Children talk best in their native habitat. What they say when pressures of emotion and strangeness are absent is more apt to be true, somewhat analogous to res gestae.
res ˈintegra Law (see quot. 1959); also transf.
1754in F. Vesey Reports (1814) I. 11, I confess, if this had been res integra, I should doubt, whether the testator's declaration is a proper execution within the fifth clause..but I find myself bound by such a number of former precedents, that I must give way to their superior weight. 1760G. Gilbert Cases in Law & Equity 250 And if the Matter had been res integra and undetermined, he should have held it ill if it had been brought by the other Name. 1834J. Ram Science of Legal Judgment xiv. 126 If the matter were entire.., res integra, a new case or point.., it might admit of difficulty. a1873Mill Three Ess. Relig. (1874) 203 The question whether it is so or not is res integra, untouched by any of the results of human knowledge and experience. 1959Jowitt Dict. Eng. Law II. 1533/2 Res integra, a point governed neither by any decision nor by any rule of law, which must therefore be decided upon principle. 1961Times 15 Feb. 15/3 If the matter were res integra, his Lordship saw great force that in 1843 the words ‘voluntary contribution’ would be understood as intended to cover an annual subscription.
res ˈipsa ˈloquitur Law, a principle that the proven occurrence of an accident implies the negligence of the defendant unless he provides another cause; also transf. and attrib.
1659H. Grimston tr. Croke's Reports King James 508 It is apparent, that the money was lent for Interest, and is more than the Statute permits; Wherefore being usury apparent, the Court shall adjudg it accordingly: And..if the corrupt agreement be not expressed in the verdict, and the matter is apparent to the Court to be usury, there the Jury needs not to shew that it was corruptly, for res ipsa loquitur. 1864in Hurlstone & Coltman Exchequer Reports II. 725 There are certain cases of which it may be said res ipsa loquitur, and this seems one of them. 1872Wharton's Law-Lexicon (ed. 5) 846/1 Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence. 1908Times Law Rep. XXIV. 551/2 Res ipsa loquitur does not mean, as I understand it, that merely because at the end of a journey a horse is found hurt, or somebody is hurt in the streets, the mere fact that he is hurt implies negligence. 1927Ld. Hewart in A. P. Herbert Misleading Cases p. v, ‘Res ipsa loquitur’, as the man in the street said when a sack of flour, in the best manner of the attic declension, fell upon him from an upper room. 1954Cambr. Law Jrnl. Apr. 132 In Ybarra v. Spangard..the Californian District Court of Appeal held that the plaintiff might sue all the defendants and recover a joint judgment in a res ipsa loquitur situation. 1965Mod. Law Rev. XXVIII. v. 623 When a textbook attains an eighteenth edition surely the maxim res ipsa loquitur could hardly boast a better exemplification. 1973N.Y. Law Jrnl. 19 July 12/3 At the new trial plaintiff shall be permitted to produce an expert to establish a case under the doctrine of res ipsa loquitur.
res judiˈcata Law, a matter that has been adjudicated by a competent court.
[a1259Bracton De Legibus (Rolls Ser., 1881) IV. 266 Item cadit assisa, si petens petat per assisam quod per judicium amisit, quia cadit assisa propter exceptionem rei judicatæ, & agat si voluerit de falso judicio.] 1693Ld. Stair Inst. Law Scotl. (ed. 2) iv. xl. 675 Res Judicata is Relevant, not only being a Decreet between the Pursuer and the Defender; But it is sufficient, if it was between their Predecessors or Authors. 1867Wharton's Law-Lexicon (ed. 4) 830/1 Res judicata, a point decided by authority. 1927C. K. Allen Law in Making iii. 109 It was a commonplace with the Orators, and especially with Cicero, that the res iudicata, or iudicatum, was an integral part of the civil law. 1955Times 14 July 11/3 All too often he spoke of res judicatae as if they were mere obiter dicta. 1972Mod. Law Rev. XXXV. i. 96 The husband's solicitor maintained that the issue of cruelty was res judicata.
res non ˈverba, ‘things not words’; material fact or concrete action as opposed to mere talk.
1949E. Pound Pisan Cantos lxxxii. 116 And for all that old Ford's conversation was better, Consisting in res non verba. 1961Times 26 Apr. 20/2 The strapping muleteer who saves every situation by his guiding principle of res non verba.
res ˈnullius Law, no one's property; strictly, a thing or things that can belong to no one.
[a1259Bracton De Legibus (Rolls Ser., 1878) I. 60 Res quidem nullius esse dicuntur pluribus modis, natura sive jure naturali, ut feræ bestiæ, volucres, et pisces... Item tempore dicunter res in nullius bonis esse, ut thesaurus.] 1704T. Wood New Inst. Imperial or Civil Law ii. i. 67 Res nullius (or things which are not the Goods of any Person or number of Men) are those that are of a divine Right. 1833J. S. Mill in Jurist IV. 24 It matters not that the property has now become res nullius, and is therefore, properly speaking, our own. 1951F. Schulz Classical Roman Law iv. i. 361 Wild animals (game, fishes, birds) were res nullius as long as they enjoyed their natural freedom. 1977Times Lit. Suppl. 28 Jan. 110/2 To the South African government, South West Africa had fallen into a state of res nullius, and sovereignty was acquired by virtue of her occupation.
▪ II. res2|rɛz|
Abbrev. of residence n.1
1882W. Whitman Daybks. & Notebks. (1978) II. 288 Sam Long 614 Sansom St—res: 3210 Race. 1972Guardian 17 Feb. 11/1 Her own little bijou res in Chelsea. 1972J. Gores Dead Skip x. 68 I've got a res add on Hemovich 5-0-7 Nevada Street.
▪ III. res
variant of rese n. |