obiteradv.n.adj.

Brit.

/ˈɒbᵻtə/,

/ˈəʊbᵻtə/, U.S.

/ˈoʊbɪdər/

Origin: A borrowing from Latin. Etymon: Latin obiter.

Etymology: < classical Latin obiter (adverb) by the way, in passing, incidentally, originally two words, ob iter by the way < ob (see ob- prefix) + iter journey, way (see iter n.). In sense C. perhaps after obiter dictum n. (although this is first attested slightly later). N.E.D. (1902) gives only the pronunciation (ǫ·bitəɹ) /ˈɒbɪtə(r)/.

Now chiefly Law.

A. adv.

By the way, in passing, incidentally.

ΘΚΠ

the world > relative properties > relationship > [adverb] > in relation or with reference to or concerning > incidentally

obitera1568

obiterly1605

by the by?1710

obitaneouslya1834

incidentally1925

a1568 R. Ascham Scholemaster (1570) ii. f. 48^v Not obiter and bichance, but purposelie.

1573 G. Harvey Let.-bk. (1884) 9 Al this was spokin obiter at the table.

1592 T. Nashe Pierce Penilesse (Brit. Libr. copy) sig. H2 ^v To prooue euerie one of these allegations, could I propound the circumstaunces of this play and that play, if I meant to handle this Theame other wise than obiter.

1602 W. Watson Decacordon Ten Quodlibeticall Questions 236 Also what hath beene already saide out of Parsons owne writings, and other things handled obiter in this treatise.

1626 F. Bacon Sylua Syluarum §166 The Communication of Sounds..hath been touched obiter in the Majoration of Sounds.

1678 R. Cudworth True Intellect. Syst. Universe i. iv. 210 Wherefore this kind of Polytheism was obiter thus confuted by Origen.

1716 M. Davies Athenæ Britannicæ II. 209 [He] never thought worth his while to mention his Life nor Writings, not so much as obiter or occasionally.

1743 A. Pope Dunciad i. 39 (note) In like manner we shall not amend this error in the Title itself, but only note it obiter, to evince to the learned that it was not our fault.

1759 W. Blackstone Law of Descents 64 The law concerning it is delivered obiter only.

a1834 S. T. Coleridge Lit. Remains (1836) II. 378 Hints obiter are:—not..to permit beauties by repetition to become mannerisms.

1841 J. H. Newman Tamworth Reading Room in Discuss. & Arguments (1872) 262 Sir Robert does obiter talk of improved modes of draining.

1887 Law Rep.: Chancery Div. 34 37 The present Master of the Rolls..expressed obiter an opinion..with which..I cannot agree.

1915 Amer. Hist. Rev. 20 855 In an article..he made, almost obiter, the very interesting statement that [etc.].

1983 B. A. K. Rider Insider Trading vi. 317 Vinelott J stated, obiter, that almost any breach of duty can be ratified by the votes of an independent majority.

B. n.

A thing said, done, or occurring by the way; an incidental matter. In later use (chiefly): = obiter dictum n.

ΘΚΠ

the world > relative properties > relationship > [noun] > relation to something or reference > indirect reference or allusion > in speech

by-speech1593

obiter1607

society > law > administration of justice > court proceedings or procedure > judging > [noun] > expression of opinion by judge > incidental statement by judge

obiter dictum1782

obiter1927

1607 T. Walkington Optick Glasse 160 In so little a toy vnlesse there were obiters, what would be worthy vewing?

1622 in Cambr. Hist. Jrnl. 10 275 Bookes, Medicines, and Lawes should never be publisht or prescribed, but as Obiters, to meete with euils imminent.

1650 T. Fuller Pisgah-sight of Palestine ii. iv. 109 Each Parenthesis of our Saviours motion is full of heavenly matter, and his obiter more to the purpose, then our iter.

1927 Daily Tel. 19 July 9/2 Lord Justice Scrutton recalled a recent obiter by Mr. Justice Eve to the effect that [etc.].

1982 R. Sheppard & M. Valpy National Deal viii. 169 But it was elegant verbiage, no more; Lord Denning's obiter did not extend across the sea.

1993 P. C. Soares Non-resident Trusts 74 With respect, however, to overseas trading transactions it is clear from..the obiter in IRC v Frere (1964) 42 TC 125 that one looks to the net trading income.

C. adj.

Law. Made or uttered by the way; incidental.

ΘΚΠ

the world > relative properties > relationship > [adjective] > relating to or regarding > indirectly

obiter1776

1776 J. Burrow Rep. Court King's Bench 4 2294 Mr. Justice Willes..declared, that he should give no obiter opinion about personal property..being liable to be rated.

1776 J. Burrow Rep. Court King's Bench 4 2068 That is an obiter saying only; and not a resolution or determination of the Court.

1823 T. Jefferson Let. 12 June in Writings (1984) 1474 This case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversion on its being merely an obiter dissertation of the Chief Justice.

1891 Sir R. Webster in Daily News 21 Apr. 3/2 The obiter observations said to have been made by magistrates' clerks.

1921 Amer. Jrnl. Internat. Law 15 482 In strictness, therefore, what was said as to the insufficiency of a mistake in point of law might be considered as obiter.

1959 ‘W. Haggard’ Venetian Blind ii. 24 Mr Justice Downderry..made it very clear that his remarks were obiter, but he was exquisitely acidulous.

1986 Law Soc. Gaz. 11 June (Business & Finance) 1801/2 In Gants Hill (Supia) Mervyn Davies J felt himself not bound by this obiter opinion.

This entry has been updated (OED Third Edition, March 2004; most recently modified version published online March 2022).

单词	obiter
释义	obiteradv.n.adj. Brit. /ˈɒbᵻtə/, /ˈəʊbᵻtə/, U.S. /ˈoʊbɪdər/ Origin: A borrowing from Latin. Etymon: Latin obiter. Etymology: < classical Latin obiter (adverb) by the way, in passing, incidentally, originally two words, ob iter by the way < ob (see ob- prefix) + iter journey, way (see iter n.). In sense C. perhaps after obiter dictum n. (although this is first attested slightly later). N.E.D. (1902) gives only the pronunciation (ǫ·bitəɹ) /ˈɒbɪtə(r)/. Now chiefly Law. A. adv. By the way, in passing, incidentally. ΘΚΠ the world > relative properties > relationship > [adverb] > in relation or with reference to or concerning > incidentally obitera1568 obiterly1605 by the by?1710 obitaneouslya1834 incidentally1925 a1568 R. Ascham Scholemaster (1570) ii. f. 48^v Not obiter and bichance, but purposelie. 1573 G. Harvey Let.-bk. (1884) 9 Al this was spokin obiter at the table. 1592 T. Nashe Pierce Penilesse (Brit. Libr. copy) sig. H2 ^v To prooue euerie one of these allegations, could I propound the circumstaunces of this play and that play, if I meant to handle this Theame other wise than obiter. 1602 W. Watson Decacordon Ten Quodlibeticall Questions 236 Also what hath beene already saide out of Parsons owne writings, and other things handled obiter in this treatise. 1626 F. Bacon Sylua Syluarum §166 The Communication of Sounds..hath been touched obiter in the Majoration of Sounds. 1678 R. Cudworth True Intellect. Syst. Universe i. iv. 210 Wherefore this kind of Polytheism was obiter thus confuted by Origen. 1716 M. Davies Athenæ Britannicæ II. 209 [He] never thought worth his while to mention his Life nor Writings, not so much as obiter or occasionally. 1743 A. Pope Dunciad i. 39 (note) In like manner we shall not amend this error in the Title itself, but only note it obiter, to evince to the learned that it was not our fault. 1759 W. Blackstone Law of Descents 64 The law concerning it is delivered obiter only. a1834 S. T. Coleridge Lit. Remains (1836) II. 378 Hints obiter are:—not..to permit beauties by repetition to become mannerisms. 1841 J. H. Newman Tamworth Reading Room in Discuss. & Arguments (1872) 262 Sir Robert does obiter talk of improved modes of draining. 1887 Law Rep.: Chancery Div. 34 37 The present Master of the Rolls..expressed obiter an opinion..with which..I cannot agree. 1915 Amer. Hist. Rev. 20 855 In an article..he made, almost obiter, the very interesting statement that [etc.]. 1983 B. A. K. Rider Insider Trading vi. 317 Vinelott J stated, obiter, that almost any breach of duty can be ratified by the votes of an independent majority. B. n. A thing said, done, or occurring by the way; an incidental matter. In later use (chiefly): = obiter dictum n. ΘΚΠ the world > relative properties > relationship > [noun] > relation to something or reference > indirect reference or allusion > in speech by-speech1593 obiter1607 society > law > administration of justice > court proceedings or procedure > judging > [noun] > expression of opinion by judge > incidental statement by judge obiter dictum1782 obiter1927 1607 T. Walkington Optick Glasse 160 In so little a toy vnlesse there were obiters, what would be worthy vewing? 1622 in Cambr. Hist. Jrnl. 10 275 Bookes, Medicines, and Lawes should never be publisht or prescribed, but as Obiters, to meete with euils imminent. 1650 T. Fuller Pisgah-sight of Palestine ii. iv. 109 Each Parenthesis of our Saviours motion is full of heavenly matter, and his obiter more to the purpose, then our iter. 1927 Daily Tel. 19 July 9/2 Lord Justice Scrutton recalled a recent obiter by Mr. Justice Eve to the effect that [etc.]. 1982 R. Sheppard & M. Valpy National Deal viii. 169 But it was elegant verbiage, no more; Lord Denning's obiter did not extend across the sea. 1993 P. C. Soares Non-resident Trusts 74 With respect, however, to overseas trading transactions it is clear from..the obiter in IRC v Frere (1964) 42 TC 125 that one looks to the net trading income. C. adj. Law. Made or uttered by the way; incidental. ΘΚΠ the world > relative properties > relationship > [adjective] > relating to or regarding > indirectly obiter1776 1776 J. Burrow Rep. Court King's Bench 4 2294 Mr. Justice Willes..declared, that he should give no obiter opinion about personal property..being liable to be rated. 1776 J. Burrow Rep. Court King's Bench 4 2068 That is an obiter saying only; and not a resolution or determination of the Court. 1823 T. Jefferson Let. 12 June in Writings (1984) 1474 This case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversion on its being merely an obiter dissertation of the Chief Justice. 1891 Sir R. Webster in Daily News 21 Apr. 3/2 The obiter observations said to have been made by magistrates' clerks. 1921 Amer. Jrnl. Internat. Law 15 482 In strictness, therefore, what was said as to the insufficiency of a mistake in point of law might be considered as obiter. 1959 ‘W. Haggard’ Venetian Blind ii. 24 Mr Justice Downderry..made it very clear that his remarks were obiter, but he was exquisitely acidulous. 1986 Law Soc. Gaz. 11 June (Business & Finance) 1801/2 In Gants Hill (Supia) Mervyn Davies J felt himself not bound by this obiter opinion. This entry has been updated (OED Third Edition, March 2004; most recently modified version published online March 2022). < adv.n.adj.a1568
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