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单词 pre-emption
释义

pre-emptionn.

Brit. /priːˈɛm(p)ʃn/, /prɪˈɛm(p)ʃn/, U.S. /priˈɛm(p)ʃ(ə)n/
Forms: 1600s– pre-emption, 1800s– preëmption, 1600s–1700s prae-emption.
Origin: Formed within English, by derivation; partly modelled on a French lexical item, and partly modelled on a Latin lexical item. Etymons: pre- prefix, emption n.
Etymology: < pre- prefix + emption n., after French préemption (right to) advance purchase (1569 in Middle French as preemption) and its etymon post-classical Latin praeemption-, praeemptio previous purchase (14th cent. in British and continental sources). Compare classical Latin praeemere to buy beforehand (recorded in an 8th-cent. epitome of a 2nd-cent. grammarian).
1.
a. The purchase by one person or party before an opportunity is offered to others; the right of making such a purchase in certain circumstances.In early use sometimes spec. with reference to the prerogative of the British monarch to buy household provisions at special rates, in preference to others, and without the consent of the owner (abolished in 1660 by the statute 12 Chas. II, cap. 24). In later use the entitlement to purchase conferred by such a right is usually taken as only obtaining in the event that the vendor decides to sell; cf. option n. 6a.
ΘΚΠ
society > trade and finance > buying > [noun] > purchase before others are offered the chance
pre-emption1602
1602 R. Carew Surv. Cornwall i. f. 17 Certaine persons..sought to make vse of this preemption.
1610 J. Norden Speculum Brit.: Cornwall (1728) 16 Her late Maiestie intended to have retayned the prerogative of pre-emption.
1617 F. Moryson Itinerary i. 2 Those of Stode haue by priuiledge the preemption and choice of Rhenish Wines passing by them.
1688 London Gaz. No. 2379/4 The Farmers of His Majesties Coynage and Preemption of Tinn,..have affix'd the Price 10 d. the Pound.
1720 London Gaz. No. 5859/9 They have..the Pre-emption of the..Lead and Iron Oars.
1770 Ann. Reg. 1769 224/1 That the drawback, which was formerly payable upon the exportation of foreign rough hemp,..be restored, upon condition that the pre-emption thereof be offered to the commissioners of the navy.
1830 J. Galt Lawrie Todd II. iv. iv. 38 He consented to give me the pre-emption of twenty thousand acres.
1859 N. Hawthorne French & Ital. Note-bks. II. 239 The Papal government..has the right of pre-emption whenever any relics of ancient art are discovered.
1875 W. Stubbs Constit. Hist. II. xvii. 537 The prerogative of purveyance included..the right of preemption of victuals.
1929 Yale Law Jrnl. 38 571 Of the bases for pre-emption most commonly suggested there remains to be considered only a shareholder's proportionate interest in voting control.
1993 D. J. Cooke Managem. Buy-outs (BNC) 107 Rights of pre-emption upon transfer which are appropriate to a private company.
b. North American, Australian, and New Zealand. The preferential purchase, or right of purchase, of public land by its occupant (usually at a nominal price), on condition of his or her improving it. Also: a piece of land obtained in this way. Now historical.
ΘΚΠ
society > trade and finance > buying > [noun] > purchase before others are offered the chance > pre-emption of land
pre-emption1729
the mind > possession > possessions > [noun] > real or immovable property > land > estate obtained otherwise than by inheritance > land obtained by pre-emption
pre-emption1729
pre-emptive right1828
1729 View of Calumnies against Govt.of Pennsylvania 3 Lots undoubtedly were sold as dear, and bought as cheap, as the Vendor and Purchaser could agree... Without Question the Price was various: Nor had the three Commissioners any Privilege of Pre-emption.
1780 W. Fleming in Trav. Amer. Col. 631 For preemption of 400 acres..Claimers 339.
1827 United Empire Loyalist (Toronto) 6 May 396/2 The first hundred purchasers of Town Lots, when they have erected a habitable house, will..be entitled to the pre-emption or privilege to purchase a Lot of Twenty-Five Acres..at..7s. 6d. per acre.
1847 in D. Drake Pioneer Life Kentucky (1870) i. 13 At length they fixed upon a ‘settlement and pre-emption’ eight miles from Washington.
1854 T. H. Benton Thirty Years' View (1857) I. 102 The pre-emption system was established, though at first the pre-emption claimant was stigmatized as a trespasser, and repulsed as a criminal.
1875 Official Handbk. N.Z. 128 The tenants of the waste lands, or ‘runholders’ were allowed a right of pre-emption.
1907 C. C. Andrews Recoll. 130 Preëmption settlers from various counties had conflicting claims before the land office.
1945 H. S. Roberton Now blame Farmer 15 The squatters had exercised their right of pre-emption.
1968 R. M. Patterson Finlay's River 43 I see I have called it a homestead. Officially, in the books of the Land Registry, it is a pre-emption.
1995 Vancouver Sun 19 May a19/2 An Indian family in B.C. would get only half a white settler's pre-emption.
c. Scots Law. clause of pre-emption: a clause in a feu-right stating the right of a vassal's superior to first refusal on the sale of the vassal's land and fixing a price for that sale. Now historical.
ΚΠ
1762 F. Napier Petition to Lords of Council & Session 21 Miller, notwithstanding the above clause of pre-emption, sold the lands to Johnstone.
1797 R. Bell Syst. Forms of Deeds used in Scotl. I. 83 A clause of pre-emption. This clause will come in immediately after the description of the lands.
1838 W. Bell Dict. Law Scotl. 163 Clause of Pre-emption..is a clause sometimes inserted in a feu-right, stipulating, that if the vassal shall be inclined to sell the lands, he shall give the superior the first offer, or that the superior shall have the lands at a certain price fixed in the clause.
1926 A. J. Clarke Heritable Rights in Scotl. i. v. 14 Clause of Pre-emption. If vassal intends to sell where there is such a clause he must first offer the subjects to the superior at the price offered by the proposed purchaser.
1997 Times 9 Jan. 32/5 A clause of pre-emption in a feu charter did not apply to the process under the Housing (Scotland) Act 1987 for the acquisition of his dwelling house by a secure tenant.
d. International Law. The right of a government to purchase the property of a subject of another state in transit through its jurisdiction.The right was originally general, but later limited to times of war and to goods which, while not necessarily contraband, would be harmful to the state which purchases them if delivered to their destination.
ΚΠ
1799 C. Robinson Rep. High Court Admiralty 1 237 (margin) Pre-emption of contraband articles substituted, in certain cases, in the place of confiscation, by the modern law of nations.
1820 J. Chitty Treat. Laws Commerce & Manuf. iv. 103 The rights of pre-emption..and of imposing tolls and other charges upon the commerce of foreigners..are incidents to the right to refuse passage.
1860 T. D. Woolsey Introd. Internat. Law §182. 403 The harshness of the doctrine of occasional contraband brought into favor the rule of pre-emption, which was a sort of compromise between the belligerents (if masters of the sea) and the neutrals.
1894 Yale Law Jrnl. 3 79 The doctrine of occasional contraband enforced by Great Britain, sometimes softened into preëmption, greatly interfered with our chief article of export, provisions.
1927 A. S. Hershey Essentials Internat. Public Law & Organization xxxiv. 693 The blockade of Germany by the Allies was in some respects more favorable to neutral trade than a technically legal blockade would have been, since vessels and cargoes were for the most part subject to preemption instead of confiscation.
1961 Amer. Jrnl. Internat. Law 55 555 In most legal systems this compulsory acquisition of property, whether the process be referred to as..preemption, expropriation, or nationalization, entails an obligation to pay at least some compensation to the person from whom it was taken.
1988 William & Mary Q. 45 429 The order of November 6 [1793] contained no stipulation about preemption of cargoes but was a direct command to take prizes.
2. Bridge. The action of making a pre-emptive bid.
ΘΚΠ
society > leisure > entertainment > pastimes > game > card game > bridge > [noun] > actions or tactics > call > bidding
flag-flying1889
redoubling1899
auction1908
overbidding1912
pre-emption1924
save1927
raising1929
cue-bidding1932
sacrifice bid1932
sign-off1932
sign-off bid1932
protection1952
sacrifice1952
sacrifice bidding1959
1924 M. C. Work Auction Bridge of 1924 102 Two deals in one of which pre-emption is essential, while in the other it is fatal.
1940 Times 15 Oct. 6/7 West..overcalled the opening pre-emption bid with Six Hearts.
1974 Country Life 26 Sept. 894/1 The hand is far too good for pre-emption.
2000 Independent (Nexis) 17 May 14 The main purpose of pre-emption is to take bidding space away from the opponents.
3. U.S. Law. The overriding of one piece of legislation by another, typically of a state law by a federal one.
ΚΠ
1926 Columbia Law Rev. 26 979 (note) The discussion in the decisions as to whether..the federal highways laws..were a preëmption of the field by Congress is..irrelevant.
1943 Northeastern Reporter (Lexis) 2nd Ser. 41 481 We hold that the enactment by Congress of the Railway Labor Act was not a preemption of the field of regulating working conditions themselves and did not preclude the State of Illinois from making the order in question.
1978 Nature 20 Apr. 664/1 The issue of Federal preemption—Federal legislation that overrides state or local initiatives—lies at the heart of the current dispute.
1997 Calif. Lawyer July 25/1 A group of pro-gun activists..sued the city..alleging state preemption and violations of due process..and privacy.
4. Broadcasting. The cancellation of a scheduled programme in order to broadcast something else; an instance of this. Cf. pre-empt v. 4.
ΚΠ
1960 Lima (Ohio) News 5 July The two political conventions will knock at least 162 night-time TV shows off the air in the weeks ahead..such wholesale pre-emptions invariably anger a portion of the electorate.
1979 Arizona Daily Star 1 Apr. (Tucson T.V. Suppl.) 12/3 CBS hasn't treated this inspirational program very kindly. It's constantly being victimized by pre-emptions, time-slot changes and disappearances for up to three weeks at a stretch.
1987 Los Angeles Times (Nexis) 7 Jan. vi. 10/1 NBC's lone loss having resulted from the preemption of its powerhouse Thursday lineup last week by the Orange Bowl football game.
2005 Winnipeg Sun (Nexis) 29 Apr. 27 It has now been 350 weeks—not counting reruns, pre-emptions and holidays—since Homer, Marge, Bart, Lisa and Maggie came into our lives.
5. Military. The action or strategy of making a pre-emptive strike or attack.
ΚΠ
1962 J. D. Singer Deterrence, Arms Control, & Disarmam. iii. 76 Those with counter-city capabilities only..tend to oppose anything that smacks of pre-emption and insist that we acquire the invulnerability that makes pre-emption unnecessary.
1986 Time 14 Apr. 52/1 Retaliation and pre-emption against terrorism are thus acts of self-defense.
2004 Foreign Affairs Jan.–Feb. 24 As to preemption's scope, it applies only to the undeterrable threats that come from nonstate actors such as terrorist groups.

Compounds

pre-emption right n. North American (now historical) the right given to an occupant of public land to secure the ownership of it by pre-emption.
ΘΚΠ
society > trade and finance > buying > [noun] > purchase before others are offered the chance > pre-emption of land > right of
pre-emption right1779
pre-emptive1863
1779 Act passed at Gen. Assembly Williamsburg 4 Oct. 19 All ungranted land which he, she, or they, may or shall have acquired by settlement, pre-emption right, Land Office warrant, or any other means whatsoever.
1837 H. Martineau Society in Amer. II. 92 In 1830, a bill was..passed, granting a pre-emption right to squatters who had taken such possession of unsold lands.
1873 E. Eggleston Myst. Metropolisville 91 I have used my pre~emption right.
1948 E. N. Dick Dixie Frontier 67 As a result there had grown up in colonial days a custom of allowing pre-emption rights to squatters.
1999 New Eng. Q. 72 368 In 1640 Connecticut magistrates declared Dutch claims to the Connecticut region null and void and gained preemption rights from Uncas for his lands.
This entry has been updated (OED Third Edition, March 2007; most recently modified version published online June 2022).
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