LawProse Lesson #218: How much argle-bargle is required for jiggery-pokery?

How much argle-bargle is required for jiggery-pokery? In the last few Supreme Court terms, Justice Antonin Scalia has used some memorable British colloquialisms—especially argle-bargle and jiggery-pokery. Argle-bargle is a chiefly British phrase that has taken on the meaning “copious but meaningless talk or writing; nonsense.” It originated in the early 19th century from the Scottish term argle—a late 16th-century variation of argue. Merriam-Webster’s lists the term simply as a synonym of argy-bargy, which in BrE means “a lively discussion or argument.” Jiggery-pokery means “devious or suspicious behavior; sly manipulation; subterfuge; trickery.” The term originated in the late 19th century, most likely as a variant of the Scottish joukery-pawkery from jouk (to turn or bend, usu. to avoid someone or something) and pawky (artfully shrewd). Jouk also gives us the sports term juke (to make a false move in order to deceive an opponent), combining jouk‘s original physical sense and the metaphorical one it assumed as joukery. Such reduplicative phrases have a way of catching the public ear. Flimflam, jibber-jabber, hocus-pocus, and mumbo jumbo are mainstays of political commentary. And flip-flop is a recurrent favorite, cropping up in prominent elections. So keep an ear out for it in 2016. Though Justice Scalia’s borrowings from across the Pond may sound funny to American ears, they are part of a well-established tradition and have rich histories of their own—far from pure applesauce. Before I became Justice Scalia’s coauthor (on two books), I interviewed him at length in 2006. When the Justice mentioned that Justice Robert H. Jackson is his favorite writer in Supreme Court history, I responded: “Jackson . . . was considered to be way too aggressive toward his colleagues in his dissents.” Justice Scalia responded, chuckling: “Oh, imagine that.” Source: Antonin Scalia, interview by Bryan A. Garner, 13 Scribes J. of Legal Writing 51, 64 (2010).

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