单词 | obiter dictum |
释义 | obiter dictumn. An incidental statement or remark; something said by the way. Frequently (Law): an opinion expressed by a judge in discussing a point of law or in giving a judgment, which is not essential to the decision, and which therefore lacks binding authority. ΘΚΠ the mind > language > speech > [noun] > commenting or mentioning > incidental stricture1655 obiter dictum1782 society > law > administration of justice > court proceedings or procedure > judging > [noun] > expression of opinion by judge > incidental statement by judge obiter dictum1782 obiter1927 1782 T. Jefferson Let. 20 May in Papers (1952) VI. 185 Obiter dictums on the subject I have indeed met with, but the complection of the times in which these have dropped would generally answer them. 1788 Common Pleas Court Philadelphia County I. Mar. The Court had..said it could not be shaken in the present instance, by Wils. 46, which was not a decision in the principal case, but an obiter dictum. 1812 Edinb. Rev. 19 302 It was more of an obiter dictum than of a point ruled. 1865 F. W. Farrar Chapters on Lang. (1878) i. 8 The supposed revelation of language from the obiter dictum of an auctoris aliud agentis. 1912 Dict. National Biogr. 1901–11 III. 442/2 One of the ablest jurists of Canada, Strong was distinguished by..a power of incisive comment that added much to the force of his obiter dicta. 1944 Sewanee Rev. 52 214 It is the sort of obiter dicta which can found schools and movements, and the schools and movements often come to some good, even though the slogan, like this one, means little. 1993 Eng. Today Jan. 53/2 The book is not helped by the Olympian tone of many of its obiter dicta. This entry has been updated (OED Third Edition, March 2004; most recently modified version published online March 2022). < n.1782 |
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