|
Serbonian Bog ((アラビア語:مستنقع سربون)) relates to Lake Serbonis (''Sirbonis'' or ''Serbon'') in Egypt, as described by Herodotus. Because sand blew onto it, the Serbonian Bog had a deceptive appearance of being solid land, but was a bog. The term is metaphorically applied to any situation in which one is entangled from which extrication is difficult. The Serbonian Bog is identified as ''Sabkhat al Bardawil'', one of the string of "Bitter Lakes" to the east of the Nile's right branch. It was described in ancient times as a quagmire in which armies were fabled to be swallowed up and lost. ==Uses== Milton's description was quoted as the epigraph to the chapter "Markets with non-convex preferences and production" presenting in . Edmund Burke used it in his Reflections on the Revolution in France (1790): "The whole of the power obtained by this revolution will settle in the towns among the burghers and the monied directors who lead them. ... Here end all the deceitful dreams and visions of the equality and rights of men. In ‘the Serbonian bog’ of this base oligarchy they are all absorbed, sunk, and lost for ever."〔Edmund Burke, Reflections on the Revolution in France (1790); (pp. 240, 242, Holt, Rinehart and Winston ed. 1965)〕 U.S. Supreme Court Justice Benjamin N. Cardozo used it in a dissenting opinion, stating: "The attempted distinction between accidental results and accidental means will plunge this branch of the law into a Serbonian Bog."〔''Landress v. Phoenix Mutual Life Insurance'', 291 U.S. 491, 499 (1934).〕 This statement was echoed by another Supreme Court Justice, Sandra Day O'Connor:
US District Court Judge Joseph E Irenas stated:
Justice Breyer used it in a dissenting opinion in ''Texas v. Cobb'', 532 U.S. 162, 186 (2001). Judge William H. Pauley III (2004): "This court declines the City's invitation to wander into a Serbonian bog before a state court has had the opportunity to illuminate the path."〔James Davis, ("Attention Cyclists!" )〕 Justice Dimmick used it in his dissenting opinion in ''State v. Cameron'', 674 P.2d 650 (Wash. 1983). "In ''Crenshaw'' we began the odyssey. Today's majority opinion now leads us further into the Serbonian bog. In his published opinion in ''In re Dow'', 213 F. 355 (E.D.S.C. 1914), Judge Smith wrote regarding judicial interpretations of the racial prerequisite in the early U.S. naturalization statute: "All of which foregoing discussion may seem wholly out of place in a reasoned legal opinion as to the construction of a statute, except as illustrating the Serbonian bog into which a court or judge will plunge that attempts to make the words 'white persons' conform to any racial classification." 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Serbonian Bog」の詳細全文を読む スポンサード リンク
|