> So in fact very few judges have used a phrase that is now very much within common usage in English, and which has obvious appeal in legal arguments. Actually

> So in fact very few judges have used a phrase that is now very much within common usage in English, and which has obvious appeal in legal arguments. Actually, it appears that they only counted uses of the phrase that were footnoted with a reference to the Austen text. But I agree with your overall point about the article.