special pleadingn.
/ˌspɛʃl ˈpliːdɪŋ/, U.S. /ˌspɛʃ(ə)l ˈplidɪŋ/ 1. Law.
a. A pleading made with reference to the particular circumstances of a case or to new facts in a case.The original intention of special pleading was to narrow the issues in a case, in an era when pleadings were expected to address standardized forms of action. The term refers to a now obsolete concept in English legal procedure, but retains currency in U.S. legal usage.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > special
special pleading1623
1623 T. Powell Attourneys Acad. 117 The Prothonotarie may see whether it bee well pleaded or no; without double matter, or departing from any speciall pleading.
1684 A. Vidian (title) The Exact Pleader; A Book of Entries of Select and Special Pleadings in the Court of King's-Bench.
1685 J. Hansard (title) A Book of Entries of Declarations and other Pleadings general and special.
1731 Gentleman's Mag. Mar. 120/2 If special pleadings were removed, there would be more Trials.
1800 Gentleman's Mag. Aug. 727/2 He is allowed a seat at a desk, with the privilege of copying special pleadings, or of leaving them alone.
1931 Amer. Jrnl. Internat. Law 25 241 Its perusal will give a constitutional lawyer as much pleasure as Baron Parke is said to have received from a special pleading which he took to show a sick friend.
2005 Seton Hall Jrnl. Sports & Entertainment Law 15 286 Some jurisdictions erect procedural barriers to relief, such as requirements concerning special pleadings and burdens of proof.
b. Pleading with reference to the particular circumstances of a case or to new facts in a case; the art or practice of drawing up special pleadings.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > pleading > [noun] > special
special plea1583
special pleading1750
1750 Gen. Evening Post 4 Dec. A Bill is already prepared..to put an End to the enormous Expence and Delays occasioned by Special Pleading.
1768 W. Blackstone Comm. Laws Eng. III. 305 The science of special pleading having been frequently perverted to the purposes of chicane and delay, the courts have of late in some instances..permitted the general issue to be pleaded.
1787 World 30 Oct. Wallace—Attorney General—served five years under old Simpson, the Attorney... After that time he practiced Special Pleading.
1849 W. Forsyth Hortensius (1879) 341 Of all the systems that ever were invented to cramp and confine the intellect, that of special pleading seems to have been the most admirably adapted to attain that end.
1864 F. C. Bowen Treat. Logic ix. 299 In Law the only object of what is called special pleading is, to ascertain the precise point at issue.
1920 Amer. Law Rep. 8 1403/2 Since the abandonment of special pleading, much that was formerly developed..prior to trial is now accomplished by formal admissions of record at the time of trial.
1963 Harvard Law Rev. 76 839 In seventeen states notice or [perh. read of] special pleading is required if the defendant intends to raise the defense of insanity.
2012 Akron Intellect. Prop. Jrnl. 6 197 Because this language quotes the Constitutional language, it is likely special pleading..might possibly be unconstitutional.
2. Argumentation which unfairly privileges one side over another, or which deliberately ignores aspects that are unfavourable to the point of view being promoted; disingenuous pleading; sophistry.
ΘΚΠ
the mind > mental capacity > understanding > reason, faculty of reasoning > misleading argument, sophistry > [noun]
sophistry1340
chop-logic1533
Jesuitism1613
chopping of logic1668
casuistry1712
sophism1768
special pleading1813
subtilism1825
Jesuitry1832
verbalism1847
logic-chopping1904
1813 Protestant Advocate Apr. 363 His special pleading is shewn to be replete with flaws, and the Protestants..are not in the least inclined to make over, or surrender the constitution.
1846 Times 6 Oct. 4/6 By what special pleading of publicism is it to be shown that a nation consenting to wave a claim on a certain condition foregoes all right to urge it thereafter when that condition is renounced?
1878 W. Stubbs 17 Lect. Study Hist. (1886) ix. 217 We all know what an amount of special pleading was thought necessary to justify that [sc. the Norman Conquest].
1945 Z. N. Hurston Let. 24 Oct. in Life in Lett. (2002) 533 My natural honest and self-respect is revolted at all this special pleading.
1996 W. Hutton State we're In (rev. ed.) Pref. p. xxv Such speculative cruelty smacks of special pleading by groups at the top of our society who fear that their interest might suffer if British capitalism were to be made more humane and productive.
2011 N.Y. Rev. Bks. 10 Mar. 34/3 Explorations of deep-rooted ‘disadvantages’ in black life..are viewed by some whites as the continued special pleading of blacks.
Compounds
General attributive (chiefly in sense 1b).
ΚΠ
1778 St. James's Chron. 2 June The inky Paws of Special Pleading Counsel.
1846 Ld. Campbell Lives Chancellors V. cxxxii. 81 Carteret..ridiculed with much pleasantry this piece of special-pleading sophistry.
1896 Westm. Gaz. 3 July 2/2 It will enable him to make some capital special-pleading speeches.
1919 C. Walston Truth i. viii. 74 In every phase of conversation the participant..ought never to act like a special-pleading lawyer or a casuistic disputant.
2007 Harvard Law Rev. 121 310 Rule 8..applies to all civil actions except for the few governed by Rule 9's special pleading requirements.
This entry has been updated (OED Third Edition, June 2015; most recently modified version published online March 2022).
<
n.1623