stare decisisphr.

Brit.

/ˌstɛːrɪ dᵻˈsʌɪzɪs/,

/ˌstɑːreɪ dᵻˈsiːsɪs/, U.S.

/ˌstɛri dᵻˈsaɪsəs/,

/ˌstɑri dᵻˈsisəs/

Origin: A borrowing from Latin, combined with a borrowing from Latin. Etymons: Latin stāre, dēcīsīs, dēcīsum.

Etymology: < classical Latin stāre to stand (see stand v.) + dēcīsīs, dative plural of dēcīsum, use as noun of neuter past participle of dēcīdere decide v.¹ Compare quieta non movere phr.Compare the following earlier examples of the Latin expression used as a verb phrase in English contexts:a1691 P. Ventris Rep. anno 1673 (1696) i. 243 It being moved again this Term, Hale consented that it should be reversed according as the latter Presidents have been; for he said it was his Rule Stare decisis, Parsons and Muden, Pasch. 22. Car. 2. Rot. out of Barnstaple Court.a1754 J. Strange Rep. Cases (1755) 2 1016 We think, that as to the two bonds which were forfeited, the defendant must have an allowance for the penalties: and we must stare decisis.

Law.

The legal principle that points in litigation should be determined according to precedent. Also in extended use.

ΘΚΠ

society > law > jurisprudence > [noun] > legal maxim > specific

salus populi suprema lex esto1612

respondeat superiora1634

stare decisis1800

pacta sunt servanda1836

res ipsa loquitur1863

jus cogens1895

1800 Rep. Deb. House of Commons Ireland 15–16 Jan. 61 Stare decisis and non quieta movere has been the cant of the cabinet.

a1802 Ld. Kenyon Notes Cases Court King's Bench (1819) I. 117 My brethren seem to think it has already been determined in the cases that have been mentioned; and stare decisis is a very good maxim.

1818 Daily National Intelligencer (Washington) 14 July Stare decisis may prevent the trouble of investigation; but it will prevent also the pleasure and the advantage of improvement.

1893 R. Waples Treat. Homestead & Exemption viii. 238 In the state where this construction was given, the profession will recognize the force of stare decisis, and take the law as expounded by the court.

1917 C. P. Sherman Rom. Law in Mod. World I. iii. 402 The force of stare decisis no longer has to-day in Anglo-American law the binding power it once had.

1970 Internat. & Compar. Law Q. 19 i. 145 A rigid adherence to stare decisis..is of little assistance where the law hopes to offer an answer to the people it serves.

2005 New Yorker 5 Dec. 6/1 The linchpin of our judicial system is stare decisis.

Compounds

General attributive.

ΚΠ

1837 T. Cooper Statutes at Large S. Carolina II. 753 Admitting of somewhat more latitude..than the stare decisis maxim of the Common Law.

1895 Nation (N.Y.) 11 Apr. 272/1 The ‘stare decisis’ bugbear goes at one fell swoop.

1936 J. C. Gardner Judicial Precedent Sc. Law iii. 41 It probably cannot be said that the stare decisis doctrine had no part in the operation of precedent on the inferior Courts in Scotland.

2006 K. Roosevelt Myth Judicial Activism vi. 117 The stare decisis section of the opinion identified four relevant questions.

This entry has been updated (OED Third Edition, June 2016; most recently modified version published online March 2022).

单词	stare decisis
释义	stare decisisphr. Brit. /ˌstɛːrɪ dᵻˈsʌɪzɪs/, /ˌstɑːreɪ dᵻˈsiːsɪs/, U.S. /ˌstɛri dᵻˈsaɪsəs/, /ˌstɑri dᵻˈsisəs/ Origin: A borrowing from Latin, combined with a borrowing from Latin. Etymons: Latin stāre, dēcīsīs, dēcīsum. Etymology: < classical Latin stāre to stand (see stand v.) + dēcīsīs, dative plural of dēcīsum, use as noun of neuter past participle of dēcīdere decide v.¹ Compare quieta non movere phr.Compare the following earlier examples of the Latin expression used as a verb phrase in English contexts:a1691 P. Ventris Rep. anno 1673 (1696) i. 243 It being moved again this Term, Hale consented that it should be reversed according as the latter Presidents have been; for he said it was his Rule Stare decisis, Parsons and Muden, Pasch. 22. Car. 2. Rot. out of Barnstaple Court.a1754 J. Strange Rep. Cases (1755) 2 1016 We think, that as to the two bonds which were forfeited, the defendant must have an allowance for the penalties: and we must stare decisis. Law. The legal principle that points in litigation should be determined according to precedent. Also in extended use. ΘΚΠ society > law > jurisprudence > [noun] > legal maxim > specific salus populi suprema lex esto1612 respondeat superiora1634 stare decisis1800 pacta sunt servanda1836 res ipsa loquitur1863 jus cogens1895 1800 Rep. Deb. House of Commons Ireland 15–16 Jan. 61 Stare decisis and non quieta movere has been the cant of the cabinet. a1802 Ld. Kenyon Notes Cases Court King's Bench (1819) I. 117 My brethren seem to think it has already been determined in the cases that have been mentioned; and stare decisis is a very good maxim. 1818 Daily National Intelligencer (Washington) 14 July Stare decisis may prevent the trouble of investigation; but it will prevent also the pleasure and the advantage of improvement. 1893 R. Waples Treat. Homestead & Exemption viii. 238 In the state where this construction was given, the profession will recognize the force of stare decisis, and take the law as expounded by the court. 1917 C. P. Sherman Rom. Law in Mod. World I. iii. 402 The force of stare decisis no longer has to-day in Anglo-American law the binding power it once had. 1970 Internat. & Compar. Law Q. 19 i. 145 A rigid adherence to stare decisis..is of little assistance where the law hopes to offer an answer to the people it serves. 2005 New Yorker 5 Dec. 6/1 The linchpin of our judicial system is stare decisis. Compounds General attributive. ΚΠ 1837 T. Cooper Statutes at Large S. Carolina II. 753 Admitting of somewhat more latitude..than the stare decisis maxim of the Common Law. 1895 Nation (N.Y.) 11 Apr. 272/1 The ‘stare decisis’ bugbear goes at one fell swoop. 1936 J. C. Gardner Judicial Precedent Sc. Law iii. 41 It probably cannot be said that the stare decisis doctrine had no part in the operation of precedent on the inferior Courts in Scotland. 2006 K. Roosevelt Myth Judicial Activism vi. 117 The stare decisis section of the opinion identified four relevant questions. This entry has been updated (OED Third Edition, June 2016; most recently modified version published online March 2022). < phr.1800
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