核心畫面

One sentence, said by someone who is allowed to say it, and then left standing. The Latin dictum simply means "a thing said". A useful picture: a line lifted out of a longer speech or judgment and set down on its own — short enough to quote, and firm enough that people repeat it instead of arguing with it.

可以想成:一句話被從長長的談話或判決裡抽出來,單獨立在那裡。拉丁文 dictum 的意思就是「說出來的東西」。這句話更多收起可以想成:一句話被從長長的談話或判決裡抽出來,單獨立在那裡。拉丁文 dictum 的意思就是「說出來的東西」。這句話短到可以被引用,又講得夠篤定,所以後來的人多半是拿它來用,不是拿它來吵。至於誰講的話可以這樣一句就算數,就是這個字一直帶著的分量。

From the word’s history

Latin dictum, "a thing said", is the neuter past participle of dico, to say. Spanish dicho, a saying, comes from the same place. The English word keeps both halves of that: something said, and something now finished and quotable.

拉丁文 dictum 是動詞 dico(說)的過去分詞形,意思就是「被說出來的東西」;西班牙文的 dicho(諺語)也是同一條線。英文把兩層都留下來了:一句話被說出口,而且已經說完、定型,可以被別人整句搬走。

Wiktionary entry for dictum, etymology section, as supplied in this packet (source_ref kaikki:3f6f69a190036ae4:636734137)

Two branches

被當成定論的一句話

這一組就是核心畫面本身,兩個意思只是看向不同的地方:一個看說話的人,一個看那句話。

noun · C2

A dictum is a short, firm statement of opinion from someone whose word carries weight — a judge, a professor, an editor, the founder of a company. It is put forward as settled rather than as one view among several, and other people then repeat it as if it decides the matter.

權威之言;斷語

法庭上順帶說的話

法律把同一個畫面拿去做更細的分辨:判決裡哪些話是非講不可的,哪些只是順帶講的。順帶講的那些仍然是「說出來的一句話」,只是特別標明它不拘束後來的法院。

noun · C2

In law, a dictum is a remark a judge makes in a judgment that was not needed to decide the case. Because the case did not turn on it, later courts do not have to follow it, although they often quote it. The fuller Latin name is obiter dictum, and it is set against the part of the judgment that does bind later courts.

附帶意見(法律)

原始詞典資料4 筆記錄

以下是外部詞典記錄的用法,原文照列,我們還沒有寫成教學內容。上面的說明才是我們自己寫的;有些用法可能上面已經講過了。

dictumnoun/ˈdɪk.təm/

  • 1

    An authoritative statement; a dogmatic saying; a maxim, an apothegm.

    • This should not surprise us who know that van Gogh wrote: 'To paint and to love women is incompatible'; van Gogh was right for himself, which does not mean that he was right for everybody, and I will not draw from his dictum the probably incorrect conclusion that 'To paint and to love literature is incompatible.'
    • […]a dictum which he had heard an economics professor once propound[…]
  • 2

    A judicial opinion expressed by judges on points that do not necessarily arise in the case, and are not involved in it.

  • 3

    The report of a judgment made by one of the judges who has given it.

  • 4

    An arbitrament or award.

資料來源:英文維基詞典 English WiktionaryCC BY-SA 4.0)。 原文照列,未經改寫。