disappearing prepositions

[Laurence Horn]

At 1:26 PM -0500 9/26/04, Robert Wachal wrote:
>
>And what does the new preposition 'absent' have to offer that 'without'
>lacks?

A legal imprimatur?  Evidently, most of the cites are in a legal context:

1944 Rep. Supreme Court S. Dakota (1948) LXX. 191 We think it clear
that under this definition, absent any other facts, there arises an
implied contract that the patient will pay.

1953 Federal Suppl. CVII. 527/2 Absent federal legislation upon the
subject, states may, within limits of reasonableness, regulate the
use of their highways.

1960 Cases Decided (U.S. Court of Claims) (1962) CXLVIII. 354 It is
inevitable another gorge and flood will occur at this point, absent a
recreation of conditions exactly as they appeared previously.

1965 R. FLESCH ABC of Style 6 Absence. Don't use in the absence of as
a preposition instead of without... Some lawyers use the word absent
in the same ugly way.

1972 N.Y. Law Jrnl. 24 Oct. 5/3 Absent such an appeal, the
constitutional issues were conclusively determined against Ender.

1976 N.Y. Times 20 Dec. 23A/2 Absent such a direct threat, Mr. Carter
professes to feel no pressure.

1983 National Law Jrnl. (U.S.) 15 Aug. 34 Absent federal regulation,
an Indian tribe possesses exclusive jurisdiction to regulate the
hunting and fishing activities of tribal members on reservation land
taken for government dam and reservoir projects.