| | de bene esse The expression is of mysterious origin, much used notwithstanding, particularly by lawyers. There is no satisfactory translation. Viewers differ as to its meaning. 'Provisionally' or 'for what it is worth' are the front runners. One barrister thought it meant 'for the purposes of argument'; others suggested 'for the hell of it' and 'let's get on with it'. Often, these come to much the same thing: the expression is used sometimes to propose a course not strictly permissible but sensible and/or convinent in the circumstances, e.g. if counsel, unable to prove a document until the arrival of a witness next day, were to put it before the judge de bene esse.
In Lord Lane's earlier days, when sitting as Chairman of Quarter Sessions, he was faced with counsel, who put forward a document stated to be de bene esse. 'What exactly does that mean?' asked the Chairman. Counsel, in distress, took refuge in much verbiage. 'I see,' said the Chairman at last. 'Latin must be a wonderful language if it can say all that in three words.'
John Gray, Lawyers' Latin |
| | Posted 6/30/2009 7:48 AM - 2 Views - 0 eProps - 0 comments
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