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单词 declaratory
释义

declaratoryadj.n.

/dɪˈklarətəri/
Etymology: < Latin type dēclārātōrius , dēclārātōria , dēclārātōrium , < dēclārātōr-em a declarer: see -ory suffix2. Compare French déclaratoire (16th cent.).
A. adj.
a. Having the function of declaring, setting forth, or explaining; having the nature or form of a declaration; affirmatory. declaratory act or declaratory statute: one which declares or explains what the existing law is. declaratory action (Scots Law) = action of declarator n.1 declaratory judgement or decree: one which simply declares the rights of the parties or the opinion of the court as to what the law is.
ΚΠ
1587 A. Fleming et al. Holinshed's Chron. (new ed.) III. Contin. 1362/2 The explication or meaning of the bull declaratorie made by Pius the fift against Elisabeth.
a1631 J. Donne Serm. (1954) VII. 228 Neither would this profit without the declaratory justification, by which all is pleaded and established.
1648 in Clarendon's Hist. Rebellion (1704) III. xi. 165 A recital in a new Law, which was not a Declaratory Law of what the Law was formerly in being.
1699 Bp. G. Burnet Expos. 39 Articles (1700) xxv. 276 The power of pardoning is only declaratory.
1787 J. Barlow Oration July 4th 7 That declaratory Act of Independence, which gave being to an empire.
1845 A. Polson in Encycl. Metrop. 852/1 Actions known to Scottish law..Declaratory actions, wherein the right of the pursuer is craved to be declared, but nothing is claimed to be done by the defender.
1857 W. E. Gladstone in Q. Rev. July 268 The case is not one of divorce at all, but of a declaratory process where the marriage had been originally null.
1884 A. R. Pennington Wiclif viii. 257 With regard to Penance and Absolution, he holds the view of the Church of England, that the office of the priest is declaratory.
b. Const. of.
ΘΚΠ
the mind > language > statement > [adjective]
enunciative1531
exponent1581
definitivea1620
pronouncing1628
declarative1642
declaratory1660
enunciatory1693
exponential1730
statemental1880
1660 R. Coke Elements Power & Subjection 227 in Justice Vindicated That the Statute..should be but declaratory of the ancient and common Law of this Land.
1791 J. Mackintosh Vindiciæ Gallicæ i. 50 Resolutions declaratory of adherence to their former decrees.
1852 G. Bancroft Hist. Amer. Revol. II. x. 244 The decision was declaratory of the boundary.
1884 Law Rep.: Appeal Cases 9 95 The Bills of Exchange Act, 1882..is declaratory of the prior law.
B. n.
A declaratory order; a declaration. Obsolete.
ΘΚΠ
society > law > administration of justice > general proceedings > [noun] > legal declaration
avaymentc1315
declaratory1571
1571 State Trials, Dk. of Norfolk (R.) A summary cognition in the cases of controversy, with a small declaratory to have followed.
1691 Agreement w. Denmark (MS. Treaties 96) His Majesty..has thought fitt to issue out a Declaratory or Ordonnance..concerning the Shipping and the carrying on of their Commerce with France.

Draft additions September 2017

declaratory theory n. (a) Law the theory that judicial decisions do not create or change the law, but declare the law as it already exists; (b) International Law the theory or principle that a state exists if it fulfils certain conditions of statehood, rather than by the fact of being recognized by other states (opposed to constitutive theory n. at constitutive adj. and n. Additions).
ΚΠ
1893 W. A. Watt Outl. Legal Philos. ii. 18 A word has now to be said with regard to the third view,—the declaratory theory.
1921 Illinois Law Rev. 14 109 The declaratory theory which prevails in Anglo-America, according to which, precedent does not make law, but only declares what the law is.
1942 Amer. Jrnl. Internat. Law 36 107 The declaratory theory is not so much a theory as a principle tested in the laboratory of experience.
1967 Univ. Chicago Law Rev. 34 869 In interstate relations, it seems that the declaratory theory must prevail.
1975 Canad. Bar Rev. Sept. 478 The late Lord Reid helped to bury the declaratory theory by remarking in a speech delivered in 1971 that law is not some known and defined entity.
2013 Daily News (Sri Lanka) (Nexis) 8 June According to the declaratory theory of state recognition a sovereign state can exist without being recognized by other sovereign states.
This entry has not yet been fully updated (first published 1894; most recently modified version published online June 2021).
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adj.n.1571
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更新时间:2024/12/24 4:23:20