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"adverb: Deliberately; knowingly."
"The judge said that the complaint, if true, would show BankAtlantic's executives acted with scienter -- the intent or knowledge of wrongdoing that's the key to a plaintiff's argument in a class action complaint."
Brian Bandell; Judge Lets Class Action Suit Proceed Against BankAtlantic Bancorp; South Florida Business Journal; May 22, 2009.
In the usage section, "with scienter" is an adverb phrase, but "scienter" serves as a noun. Is "scienter" perhaps always used with "with" so that the entry should be "with scienter?"
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Carpal Tunnel
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Carpal Tunnel
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Scienter is a Latin adverb meaning 'knowingly'. Many Latin legal phrases change parts of speechiness over time: e.g., sub poena is a prepositional phrase what got nouned, ignoramus was a verb to noun, habeas corpus a sentence to noun. FWIW, most of the ghits on the first page or so of Google books ( link) are sans with.
Ceci n'est pas un seing.
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Ah! That's helpful. Thanks.
On a related topic, I notice that I often hear "apropos of."
Is "apropros" commonly used by itself (other than as a Unix command)?
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Carpal Tunnel
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Is "apropros" commonly used by itself (other than as a Unix command)?
Not sure I'd ever heard apropos of X, but it seems common enough. I use apropos as a preposition, but that may be some weird kind of faux French kinda thing. Is it just me, or was Unix pretty sad before BSD came along and gussied things up?
Ceci n'est pas un seing.
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