| 释义 |
‖ dictum|ˈdɪktəm|
Pl. dicta, dictums.
[L. dictum thing said, saying, word, f. dict-us, pa. pple. of dīcĕre to say.]
A saying or utterance: sometimes used with emphasis upon the fact that it is a mere saying; but oftener with the implication of a formal pronouncement claiming or carrying some authority. (In the latter case probably transferred from the legal use in b.)
1706Phillips (ed. Kersey), Dictum (Lat.) a Word, a Saying, a Proverb; an Order or Command. 1787Sir J. Hawkins Life of Johnson 542 This dictum carries the more weight with it, as it comes from a man whose sentiments, respecting sectaries, may be inferred from the following passage. 1787Gentl. Mag. Nov. 947/1 The above quoted sentence is a dictum of Johnson's after reading these several opinions. 1809Edin. Rev. XIV. 452 He concludes his remarks, or rather dicta upon this topic, with the following passage. 1821Craig Lect. Drawing vii. 365 We will not take for our guide the dictum of any professor in the art. 1828Combe Const. Man ii. (1835) 66 The collective dicta of the highest minds illuminated by the greatest knowledge. 1861Court Life at Naples II. 148 His dictums were not regarded with the same awe to which he had been used. 1874Helps Social Press. viii. 104, I will..allow Milverton's dicta to pass unquestioned.
b. In Law, An expression of opinion by a judge on matter of law, which is not the formal resolution or determination of a court.
1776Burrow Reports IV. 2294 He intimated that long contrary Usage ought to go a great way towards over⁓turning any old Dictum. 1827Jarman Powell's Devises II. 62 Against these authorities may be adduced the solitary dictum of Lord Rosslyn, who, in Walker v. Denne doubted whether there was any equity between the real and personal representatives. Ibid. 299 The doctrine appears to rest solely on the dicta of the Lords Commissioners. 1863H. Cox Instit. i. ix. 215 The dicta of judges concerning privilege of Parliament have been very conflicting. 1892Law Jrnl. Notes of Cases XXVII. 4/2 The statement in Maure v. Harrison that he is so entitled is a dictum only, and cannot be supported.
c. A thing that is generally said; a current saying; a maxim or saw.
1826Syd. Smith Wks. (1852) II. 110/2 Of all false and foolish dicta, the most trite and the most absurd is that which asserts that the Judge is counsel for the prisoner. 1848Mill Pol. Econ. v. xi. §5 The popular dictum, that people understand their own interests better..than government does, or can be expected to do. 1859― Liberty ii. 52 The dictum that truth always triumphs. 1871Blackie Four Phases i. 36 The famous dictum that ‘the natural state of man is a war of all men against all men.’
†d. In old Logic, the statement in a modal proposition.
1697tr. Burgersdicius his Logick i. xxviii. 113 Modal Enunciation consists of a Dictum and Mood: The Dictum of which is as it were the Subject, and the Mood the Predicate..‘It is necessary that God be good’: that is, Deum esse bonum; the Dictum is, that God be good; the Mode, Necessary.
e. In some historical and other phrases:
dictum of Kenilworth, an award made in 1266 between King Henry III and the barons who had taken arms against him. dictum of Aristotle, dictum de omni et (de) nullo i.e. ‘concerning every and none’, the name given by the Schoolmen to the canon of direct syllogism, given by Aristotle (λέγοµεν δὲ τὸ κατὰ παντὸς κατηγορεῖσθαι..καὶ τὸ κατὰ µηδενὸς, An. Pr. i. i.): see quots. obiter dictum: see obiter.
1670Blount Law Dict. s.v., Dictum de Kenelworth was an Edict or Award between Henry III and all those Barons..who had been in Armes against him. 1697tr. Burgersdicius his Logick ii. viii. 32 If the Dictum of All and None be Paraphrastically propounded. 1761Hume Hist. Eng. (1763) I. 233 Knights and esquires, says the dictum of Kenelworth, who were robbers, if they have no land, shall pay the half of their goods. 1827Whately Logic 38 The object of Aristotle's dictum is precisely analogous. 1843Mill Logic i. v. §3 These views..are the basis of the celebrated dictum de omni et nullo. 1864Bowen Logic vii. 187 The famous Dictum of Aristotle, usually called the Dictum de omni et nullo, that whatever is predicated (affirmed or denied) universally of any Class (i.e. of any whole), may be also predicated of any part of that Class. |