Wednesday, December 13, 2023

Paramount

Paramount (pronounced par-uh-mount)

(1) Chief in importance or impact; supreme; pre-eminent; of the highest importance.

(2) Above others in rank or authority; superior in power or jurisdiction.

(3) A supreme ruler; overlord (now rare thought often in historic texts).

(4) In law (in a hierarchy of rights), having precedence over or superior to another.

1525-1526: From the Anglo-Norman paramount & paramount (pre-eminent; above), the construct being the Old French par & per (by) + amont & amunt (upward).  Par was from the Latin per (by means of, through), from the primitive Indo-European per- (to go through; to carry forth, fare).  Amont & amunt were from the Latin ad montem (to the mountain; upward), the construct being ad (up to), ultimately from the primitive Indo-European héd (at; to) + montem (the accusative singular of mōns (mount, mountain), ultimately from the primitive Indo-European men- (to stand out, tower).  Synonyms include predominant, preeminent, outstanding, capital, cardinal, chief, commanding, controlling, crowning, dominant, eminent, first, foremost, leading, main, overbearing, predominate, premier, preponderant utmost & prevalent while the most common antonyms are insignificant, secondary & unimportant (in historic land law, the antonym paravail was from the Old French par aval (below), the construct being par + aval (down), the construct being the Latin a(d) + val (a valley), from the Latin vallis; of feudal tenants, it referred to those at the bottom of the hierarchy of rights).  Paramount is a noun & adjective, paramountcy paramountship & paramountness are nouns, paramountly is an adverb; the noun plural is paramounts.

Land law and freehold title

Paramount Pictures promotional poster for Mean Girls (2004).

Paramount was originally a term in feudal land-title law.  It described the lord paramount, the one who held absolute title to his fiefdom, not as a grant dependent upon (or revocable by) a superior lord.  A paramount lord was thus superior to a mesne lord (a landlord who has tenants holding under him, while himself the subject of the holding of a superior lord (a kind of sub-letting), mesne being the general legal principle of something intermediate or intervening) whose title to a fief existed ultimately at the pleasure of a superior. The concept endures in modern land law where titles are listed in documents and, even today, there exist jurisdictions where land, said to enjoy an indefeasible title, can still be subject to “paramount interests” which, although unregistered, can prevail over those formally registered.  In land law, a lord paramount could be male or female but in a charming quirk, in the sport of archery, the noun "lady paramount" (the plural being ladies paramount) is the title awarded to the woman who achieves the highest score.

In Australia, the lord paramount is not the crown but the person of the sovereign.  In a legal sense, the king or queen (of Australia) “owns” all the land that constitutes the nation of Australia and those who “own” their own little piece by virtue of holding a valid freehold title (fee simple), in the narrow technical sense, actually hold only a revocable grant from the crown (via some instrument of the state) exercising rights delegated by the sovereign (the king or queen).  Although of no practical significance, it’s not a legal fiction and the position of Queen Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) as lord paramount in the system of land tenure in Australia was affirmed by the High Court of Australia in Mabo v Queensland (No 2) (1992).

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