[Volokh] Eugene Volokh: "Obvious":
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Wed Jul 30 10:34:19 EDT 2008
Posted by Eugene Volokh:
"Obvious":
http://volokh.com/archives/archive_2008_07_27-2008_08_02.shtml#1217371177
More from [1]Judge Powell, here in Georgia, F. & A. Ry. Co. v. Sasser,
61 S.E. 505 (Ga. App. 1908):
âObviousâ is a pretty strong sounding word. Its chief juridic
employment, so far as my observation goes, is by judges of courts
of review, who generally pronounce obvious those propositions
(evolved, perhaps, with many concealed misgivings) which they are
able to support with but sparse array of precedent and which they
are unwilling to put forth as an original dictum without the
supporting influence of some strong, impressive, faith-bearing
word; for a proposition weak in substance is oft aided in
appearance by the strength of sonancy, and âobviousâ is a sonant
word.
The Georgia bench seems to be quite the source of linguistic
innovation, importation, and discussion, from "obvious" to
"[2]autoptic proference" to "[3]defamacast" to "[4]chutzpah."
References
1. http://volokh.com/archives/archive_2008_07_27-2008_08_02.shtml#1217370943
2. http://volokh.com/archives/archive_2008_07_27-2008_08_02.shtml#1217370943
3. http://volokh.com/archives/archive_2008_07_27-2008_08_02.shtml#1217370587
4. http://www.law.ucla.edu/volokh/yiddish.htm
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