词汇大师(Wordmaster)--Supreme Court Dictionary Use

AA: I'm Avi Arditti with Rosanne Skirble, and this week on Wordmaster -- using a dictionary to help define the law of the land.

RS: The next time you go to an English dictionary to look up a word or settle an argument, you might take comfort in knowing that even some of the most esteemed¹ users of the language are doing the same thing.

AA: Two researchers have found an increasing tendency by U-S Supreme² Court justices some more than others - to cite dictionaries in their opinions. And not just legal dictionaries but general-use dictionaries as well.

RS: Jeff Kirchmeier [kirk-meyer] is a law professor at the City University of New York. Using a computer, he and Sam Thumma [thum-a], a lawyer in Arizona, searched for the word "dictionary" in Supreme Court decisions.

TAPE: CUT ONE -- KIRCHMEIER

"Whereas the court first used the dictionary back in 1830, very rarely did they use it. For a long time, even up through like 1910 through 1919 they only used the dictionary in eight opinions. In the 1920s they only used it in 10 opinions. And really up through the '60s they never even used it in more than 20 opinions a year -- I'm talking about over a whole term of the court year."

AA: In the nineteen-nineties, Professor Kirchmeier says, the Supreme Court cited dictionaries in more than two hundred opinions. The words defined ranged from the seemingly straightforward³, like "coal," to terms like "corruption⁴" and "usufructuary," which has to do with the right to enjoy the fruits of something belonging to someone else.

One possible reason for the increasing reliance, he says, is that dictionaries have changed over the years.

TAPE: CUT TWO -- KIRCHMEIER/SKIRBLE/ARDITTI

KIRCHMEIER: "Up through the 1960s, dictionaries generally were used to be prescriptive, meaning that dictionaries would say what words should mean or how we should see them to mean. And the Webster's Third New International Dictionary sort of changed that. They came out with what's called a descriptive dictionary, instead describing the way words actually are being used in conversations and writings. Once dictionaries started focusing on what words actually meant in general use, that may have also partly affected⁵ the court's use of it, although initially⁶ there was some debate about whether dictionaries that were descriptive dictionaries were really dictionaries."

RS: "Can you give us an example of how the dictionary has determined⁷ the outcome of a case."

KIRCHMEIER: "There's a couple of cases where the court used it in the same way, and there the court was trying to interpret a statute⁸ using the word 'cattle.' The statute there had been written many years before, like a century earlier, so the court looked at dictionaries from that time period to determine what 'cattle' meant to determine whether it included in those cases hogs⁹ and sheep. And they determined by looking at those dictionaries that the definition of 'cattle' did include those in those cases."

AA: "Really! When I hear 'cattle' I just think of cows."

KIRCHMEIER: "Yeah, me too!"

RS: Even words as simple as "no" have prompted the Supreme Court to turn to the dictionary.

TAPE: CUT THREE -- KIRCHMEIER/ARDITTI

KIRCHMEIER: "'No' involved a case where the court was looking at whether someone could be convicted of making a false statement to investigators¹⁰, and someone had answered a question by saying 'no,' and so the court looked at dictionaries to determine whether the word 'no' constituted a statement."

AA: "And what did they decide?"

KIRCHMEIER: "They decided¹¹ that it was a statement."

AA: "So, 'no,' period. (laughing)"

KIRCHMEIER: "Yeah, yeah."

AA: He says that, a lot of times, if the statutes¹² written by Congress were a little clearer, then the court might not have to go to the dictionary as often. Not long ago there was a case involving a law that imposed a more severe sentence if a person were found to be "carrying" a weapon.

RS: Does having a gun in the trunk of a car mean "carrying"? Or does the law literally¹³ mean holding a weapon in your hand?

TAPE: CUT FOUR -- KIRCHMEIER/SKIRBLE

KIRCHMEIER: "They did decide that 'carrying' would include it being in the trunk. But I think there was a dissenting¹⁴ opinion in that case."

RS: "So it's a struggle on one hand to be clear and on the other hand to be precise but understandable."

KIRCHMEIER: "Exactly."

AA: Professor Kirchmeier points to comments made by some of the nine members of the court, including Justice Stephen Beyer, expressing concerns about the use of dictionaries.

TAPE: CUT FIVE -- KIRCHMEIER/SKIRBLE

KIRCHMEIER: "There's a very recent case where Justice Breyer had stated, and I'll read it: 'Language, dictionaries and canons, unilluminated by purpose, can lead courts into blind alleys¹⁵, producing rigid¹⁶ interpretations¹⁷ that can harm those whom the statute affects."

AA: Professor Jeff Kirchmeyer at the City University of New York School of Law, co-author of an article on this topic in the autumn issue of "The Green Bag, An Entertaining Journal of Law" -- that's what it calls itself.

RS: And that's Wordmaster for this week. Our address is [email protected], or VOA Wordmaster Washington DC 20237 USA. With Avi Arditti, I'm Rosanne Skirble.

1 esteemed   

adj.受人尊敬的v.尊敬( esteem的过去式和过去分词 )；敬重；认为；以为

参考例句：

• The art of conversation is highly esteemed in France. 在法国十分尊重谈话技巧。 来自《简明英汉词典》
• He esteemed that he understood what I had said. 他认为已经听懂我说的意思了。 来自《简明英汉词典》

2 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

3 straightforward   

adj.正直的，坦率的；易懂的，简单的

参考例句：

• A straightforward talk is better than a flowery speech.巧言不如直说。
• I must insist on your giving me a straightforward answer.我一定要你给我一个直截了当的回答。

4 corruption   

n.腐败，堕落，贪污

参考例句：

• The people asked the government to hit out against corruption and theft.人民要求政府严惩贪污盗窃。
• The old man reviled against corruption.那老人痛斥了贪污舞弊。

5 affected   

adj.不自然的，假装的

参考例句：

• She showed an affected interest in our subject.她假装对我们的课题感到兴趣。
• His manners are affected.他的态度不自然。

6 initially   

adv.最初，开始

参考例句：

• The ban was initially opposed by the US.这一禁令首先遭到美国的反对。
• Feathers initially developed from insect scales.羽毛最初由昆虫的翅瓣演化而来。

7 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

8 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

9 hogs   

n.（尤指喂肥供食用的）猪( hog的名词复数 )；（供食用的）阉公猪；彻底地做某事；自私的或贪婪的人

参考例句：

• 'sounds like -- like hogs grunting. “像——像是猪发出的声音。 来自英汉文学 - 汤姆历险
• I hate the way he hogs down his food. 我讨厌他那副狼吞虎咽的吃相。 来自辞典例句

10 investigators   

n.调查者，审查者( investigator的名词复数 )

参考例句：

• This memo could be the smoking gun that investigators have been looking for. 这份备忘录可能是调查人员一直在寻找的证据。
• The team consisted of six investigators and two secretaries. 这个团队由六个调查人员和两个秘书组成。 来自《简明英汉词典》

11 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

12 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

13 literally   

adv.照字面意义，逐字地；确实

参考例句：

• He translated the passage literally.他逐字逐句地翻译这段文字。
• Sometimes she would not sit down till she was literally faint.有时候，她不走到真正要昏厥了，决不肯坐下来。

14 dissenting   

adj.不同意的

参考例句：

• He can't tolerate dissenting views. 他不能容纳不同意见。
• A dissenting opinion came from the aunt . 姑妈却提出不赞同的意见。

15 alleys   

胡同，小巷( alley的名词复数 )； 小径

参考例句：

• I followed him through a maze of narrow alleys. 我紧随他穿过一条条迂迴曲折的窄巷。
• The children lead me through the maze of alleys to the edge of the city. 孩子们领我穿过迷宫一般的街巷，来到城边。

16 rigid   

adj.严格的，死板的；刚硬的，僵硬的

参考例句：

• She became as rigid as adamant.她变得如顽石般的固执。
• The examination was so rigid that nearly all aspirants were ruled out.考试很严，几乎所有的考生都被淘汰了。

17 interpretations   

n.解释( interpretation的名词复数 )；表演；演绎；理解

参考例句：

• This passage is open to a variety of interpretations. 这篇文章可以有各种不同的解释。 来自《简明英汉词典》
• The involved and abstruse passage makes several interpretations possible. 这段艰涩的文字可以作出好几种解释。 来自《现代汉英综合大词典》