Dave Wilton has done a Big List post on the legal phrase stare decisis, for which he quotes the definition in Black’s Law Dictionary:
stare decisis (stahr-ee di-sI-sis or stair-ee) n. (Latin “to stand by things decided”) (18c) The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.
I’ve known the phrase as long as I can remember, and I just assumed it was International Latin, like deo volente or primus inter pares. Imagine my astonishment on discovering it’s purely Anglo-Latin:
Stare decisis is not an idiom found in classical Latin, having been invented in the seventeenth century—not the eighteenth as Black’s incorrectly indicates. It appears in the record of a legal case decided by a British court in 1673:
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.
It is used as a verb in another case, this one from 1735. While in Latin stare decisis is grammatically a verb phrase, in English usage it is almost always a noun phrase. This is an exception to the usual trend:
Whatever therefore my first thoughts were, and how much soever the law of executors wants alteration; 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.
Also somewhat astonishing is the fact that Dave has antedated the OED by over a century, despite the entry having been updated in June 2016; its first citation is:
1800 Rep. Deb. House of Commons Ireland 15–16 Jan. 61 Stare decisis and non quieta movere has been the cant of the cabinet.
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