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Introduction

from Essay I - Dicta

Published online by Cambridge University Press:  30 July 2021

Neil Duxbury
Affiliation:
London School of Economics and Political Science
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Summary

We digress when, in intending to make a point, we either temporarily or permanently deviate from it. Digressions can be deliberate or unconscious. They can be to good or bad – or a mixture of good and bad – or to no effect. Distinguishing the digressive from the non-digressive is not always straightforward: comments offered as asides can strike at the very heart of a matter, just as narrative which a reader thinks peripheral might be the author’s fil conducteur. Common-law judges often digress in the course of making legal decisions. The standard characterization of these digressions is that they are observations which are not integral to a decision that has been reached – that they could be taken out of a judgment without that judgment being undermined. The full legal Latin term for these observations is obiter dicta.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Introduction
  • Neil Duxbury, London School of Economics and Political Science
  • Book: The Intricacies of <I>Dicta </I>and Dissent
  • Online publication: 30 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108882590.001
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  • Introduction
  • Neil Duxbury, London School of Economics and Political Science
  • Book: The Intricacies of <I>Dicta </I>and Dissent
  • Online publication: 30 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108882590.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Neil Duxbury, London School of Economics and Political Science
  • Book: The Intricacies of <I>Dicta </I>and Dissent
  • Online publication: 30 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108882590.001
Available formats
×