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On the status of status quo

Q: As a judge, I would like to know about the origins of “status quo” and statu quo, the former in English and the latter in French legal language.

A: “Status quo” and statu quo, English and French terms meaning “the present state of affairs,” are both believed to come from an expression in post-classical Latin, in statu quo.

In Latin, status and statu are different forms of the same noun. As a subject (in the nominative case), it’s status; as an object of a preposition (in the ablative case), it’s statu.

As the Oxford English Dictionary explains, status quo (Latin for the state in which) showed up in the fifth century in the writings of Augustine of Hippo (St. Augustine), and was “probably extrapolated from in statu quo” (in the state in which).

Although “status quo” is the usual spelling of the phrase in English whether it’s a subject or an object, “statu quo” is sometimes seen in English writing in the expressions “in statu quo” and “in statu quo ante,” prepositional constructions that are generally used adverbially. Garner’s Modern English Usage (4th ed.) defines both as “in the same state of affairs that existed earlier.”

The OED says a subject version of that last construction, “status quo ante” (the former state of affairs), was “perhaps formed within English, by clipping or shortening” the expression status quo ante bellum (modern Latin for the state of affairs before the war) or perhaps by extrapolation from the post-classical Latin in statu quo.

All of the dictionary’s early English examples for “status quo” and its relations italicize the expressions. In the OED’s first citation for “in statu quo,” from the early 17th century, it’s part of the expression “in statu quo prius” (in the same as the prior state of affairs):

“The seculars are but in statu quo prius, and cannot be in a worse then they are in at this present.” From Decacordon of Ten Quodlibeticall Questions (1602), a religious treatise by William Watson, an English Roman Catholic priest who was executed for treason in 1603. (A “decachord” is a 10-stringed musical instrument; “quodlibetical” means purely academic.)

The OED’s earliest English example for the phrase “status quo” is in a collection of British trial records from the late 14th to the early 18th century. The passage cited is from the 1678-85 impeachment proceedings against Thomas, Earl of Danby, for high treason:

“The Impeachments, Appeals, &c. and the Incidents … should stand in Statu Quo; so that (as is already observed) the Status Quo (as to him) he again said, was to put him into a State of Liberty.” From A Compleat Collection of State-Tryals and Proceedings Upon Impeachment for High Treason and other Crimes and Misdemeanours (1719). Danby was imprisoned in the Tower of London for five years.

The first Oxford citation for “status quo ante” is from an anonymous play printed at the beginning of the 19th century: “I know nothing I can do, but give security, on my estates in Andalusia, for, I fear, it is too late to expect the status quo ante.” From The Systematic or Imaginary Philosopher: A Comedy, in Five Acts (1800).

The dictionary’s earliest example for “status quo ante bellum” is from an 18th-century political tract by the philosopher and statesman Edmund Burke about divisions among Whigs in Britain over the French Revolution:

“My Lord Grenville [William, Baron Grenville] truly described the relative state of the Contracting Parties, when he made the uti possidetis the basis of the Negotiation on the part of the French, whilst the British were obliged to submit to the status quo ante bellum.”

In Burke’s 1791 tract, An Appeal From the New to the Old Whigs, the Latin uti possidetis is short for uti possidetis, ita possideatis (as you possess, so may you possess), a principle in international law that territory held at the end of a war remains with the possessor, unless otherwise stipulated by treaty.

The OED cites several other modern Latin expressions that may have influenced the development of “status quo,” including in eum statum quo ante bellum fuerant (in the conditions that had existed before the war, 1625 or earlier) and quo ante bellum fuerant (which had been before the war, 1772 or earlier),

Finally, here are a couple of relatively rare humorous terms cited in the dictionary: “statu quo-ism” (“partiality for, or inclination to maintain, the existing state of affairs,” 1834) and “statu quo-ite” (“a person who favours the existing state of affairs; spec. one who believes that human society remains in more or less the same state throughout history, neither progressing nor deteriorating”).

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