Obiter DictumObiter Dictum — illustrated emblem for the Mr. B Quotes glossary, category Types of Quotes“OTYPES OF QUOTES
Types of Quotes

Obiter Dictum

A remark made in passing — memorable, quotable, and not the main point.

Obiter dictum is Latin for 'a thing said in passing' (plural: obiter dicta). The phrase belongs first to law, where it names a statement a judge makes in the course of a ruling that is not necessary to the decision itself. Such statements do not bind future courts the way the ratio decidendi — the reasoning that actually decides the case — does. They are the judge thinking aloud on the way to the point.

Outside the courtroom the phrase has drifted into broader use for any memorable remark made in passing: an aside in a lecture, a footnote in an essay, a sentence dropped into a conversation that turns out to be the most quoted thing anyone said that day. The category is important because a great deal of quotable wisdom is obiter — not the argument its author was making, but something noticed along the way.

Quoting an obiter dictum honestly means acknowledging its status. It is not the author's considered doctrine; it is a passing observation, however brilliant. Presenting it as the author's settled position — 'as Justice Holmes held' when he only mused — is a small but real distortion.

The practical use for a writer: keep a notebook of your own obiter dicta and other people's. Some of them will turn out to have been the real argument all along.

Example
“Three generations of imbeciles are enough.”
— Oliver Wendell Holmes Jr. · Buck v. Bell, 1927 — an infamous obiter that did more cultural damage than the ruling's binding reasoning, precisely because it was so quotable.
Related terms

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