Friday, November 18, 2005

With all deliberate speed.

I am sick to the teeth of people commenting on the "oxymoronic" nature of the phrase "with all deliberate speed" which appeared in the majority opinion in Brown II. Yes, "deliberate" can be defined as "slow" (as Wiktionary's fourth definition indicates). But it can also simply "well-advised" and "carefully considered," or even simply "intentional" (taken from other Wiktionary definitions). All of which are perfectly consistent with "speed."

Similarly, when my Federal Courts textbook referred to City of Canton v. Harris's "deliberate indifference" standard as being an "oxymoron," I think the authors have stumbled upon a too-narrow definition.

What is it with people and "deliberate"?

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