Per se is a Latin phrase meaning “by itself” or “in itself.” It refers to a condition, circumstance, or fact that exists purely on its own merit, without the need for external evidence or justification. In various fields such as law, philosophy, and language, the term is crucial for distinguishing elements that are inherently sufficient from those that require additional context or support.
Legal Context
In legal terminology, per se is often used to indicate that an act or fact is inherently illegal, negligent, or wrong by nature, without the need for further proof or elaboration. For example, “libel per se” refers to a statement that is inherently defamatory, meaning that the harmful nature of the statement is evident without additional evidence.
Examples in Law
- Per Se Illegal Activities: Some actions are considered illegal per se due to their very nature. For example, price-fixing agreements among competitors are illegal per se under antitrust laws.
- Negligence Per Se: A legal doctrine where an act is considered negligent because it violates a statute or regulation. For example, running a red light is negligence per se, as it inherently breaches traffic laws.
Philosophical Implications
In philosophy, per se is used to distinguish between intrinsic and extrinsic properties of objects or concepts. An attribute that is considered “per se” is intrinsic, meaning it is essential to the entity’s nature and does not depend on external factors.
Philosophical Usage
- Intrinsic Qualities: When philosophers refer to qualities that an object possesses per se, they discuss characteristics that define its essential nature.
- Essence and Existence: In metaphysics, per se concerns the essence of entities; for example, the essence of water is H₂O, which is its nature per se.
Linguistic and Everyday Use
In everyday language, the term is often used to emphasize that something is being considered in its own right, separate from other factors or influences.
Common Expressions
- “The argument, per se, is not flawed, but its application might be.”
- “The idea isn’t bad per se, but it needs further development.”
Historical Context
The phrase per se has been utilized extensively in legal and philosophical contexts since ancient times. Its origins can be traced back to Roman law and classical philosophy, where it played a role in articulating arguments about intrinsic properties and inherent qualities.
Evolution Over Time
- Ancient Rome: In Roman law, contracts or acts could be defined as valid or invalid per se.
- Medieval Philosophy: Thirteenth-century scholars like Thomas Aquinas employed the term to discuss the inherent nature of divine attributes.
Related Terms
- A Priori: Knowledge that is independent of experience.
- Intrinsic: Belonging naturally; essential.
- Inherent: Existing as a permanent, essential, or characteristic attribute.
Frequently Asked Questions
What does “per se” mean in modern usage?
In modern usage, “per se” generally means “by itself” or “intrinsically.” It indicates that the statement applies independently of other contexts or factors.
How is “per se” used in legal contexts?
In legal contexts, “per se” is used to indicate that something is inherently illegal, negligent, or wrong without requiring further proof or context.
References
- Black’s Law Dictionary (11th ed.)
- Stanford Encyclopedia of Philosophy
- The Elements of Legal Style by Bryan A. Garner
Summary
Per se is a versatile term used across various disciplines to signify something that exists independently and needs no further evidence or support to establish its validity or nature. Whether in law, philosophy, or everyday language, understanding the precise usage of “per se” enhances our ability to communicate concepts about intrinsic qualities and inherent conditions effectively.
