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Updated: June 27, 2025
Munro, however, "sees nothing against the supposition" that "Dr. Murray is right," but Dr. Munro's remarks about the hypothesis of modern cairns, as a theory "against which he sees nothing," have the air of being an inadvertent obiter dictum. Munro.
"If law be centralized, it always lingers far behind men's needs." This obiter dictum of Francis Newman's, spoken nearly sixty years ago, strikes one as more true to-day even than when he originally gave voice to it. For if there is one thing truer than another, it is that half the wrongs to which we are heir to-day, are due to centralization.
I went back Tavor was up and I sat him down to a cross examination that would have delighted the soul of a Philadelphia lawyer." Barclay paused. "It was all at once that I saw it like you'd snap your fingers. It was an accident of Charlie's talk... one of those obiter dicta, that I mentioned a while ago.
It was in the process of "diffusing the Terror" that most of his philosophical obiter dicta were uttered. The real nerve of the thinking of a mind so vehement, so passionate, so essentially dramatic is to be sought not in some principle which was the major premise of his syllogisms, but in some pervading emotion.
The case being thus thrown out of court, all further discussion of its merits was superfluous a mere obiter dictum, without legal force.
The court's decision, obiter dictum and all, extended only to the power of Congress over the Territories. What a Territorial Legislature might do by way of excluding slavery had not been passed on; and Douglas thus found room for his doctrine of "popular sovereignty."
To take a timid or obscure way to a merely tentative goal would have been at variance equally with Marshall's belief in his mission and with his instincts as a great debater. Hence he forged his weapon the obiter dictum by whose broad strokes was hewn the highroad of a national destiny. Marshall's task naturally was not performed in vacuo: he owed much to the preconceptions of his contemporaries.
He intimates now and then his dissatisfaction with the modern sentimentalism, his belief in the value of capital and other corporal punishments, and his doubt whether the toleration of which he has traced the growth can represent more than a temporary compromise. But these represent mere obiter dicta which, as he admits, are contrary to popular modes of thought.
And how could a member of Congress keep his oath and withhold the necessary protection to slave property in the Territories? Of course Lincoln was well aware that Douglas held that the Court had decided only the question of jurisdiction in the Dred Scott case; and that all else was a mere obiter dictum.
It was just the kind of speech which was wanted at a moment when the general air is rent with the rhodomontade and tomfoolery of Ulster. Applying to these wild harangues the destructively quiet wit of obiter dicta, Mr. Birrell made the Orangemen look very foolish and utterly ridiculous. Mr, Gladstone was one of Mr. Birrell's most attentive and cordial hearers. Mr.
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