[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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