PREEMPTION Meaning and
Definition
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Preemption is a term used in various fields, including law, economics, and military strategy. In general, it refers to the act of taking action or measures to prevent or forestall an anticipated event or situation from occurring.
In the legal context, preemption typically refers to the principle that federal law, when in conflict with state law, takes precedence and overrides any conflicting state legislation. This principle ensures uniformity and prevents inconsistencies in the legal system. For instance, if a state passes a law that contradicts a federal law, the federal law will preempt or nullify the state law.
In economics, preemption refers to the strategy employed by companies to gain an advantage over competitors by entering a market before others. By being the first mover, a company can secure essential resources, establish brand recognition, and develop customer loyalty, creating barriers for late entrants.
In military strategy, preemption is an offensive action taken to neutralize an imminent threat before it materializes. It involves striking first to eliminate or reduce the capabilities of an adversary, aiming to gain an advantage and diminish the enemy's ability to retaliate effectively.
Overall, preemption involves taking proactive measures to counteract or avoid potential negative consequences. Whether in the legal, economic, or military domain, preemption aims to prevent or mitigate the impact of an expected event or situation by acting in advance.
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Etymology of PREEMPTION
The word "preemption" derives from the Latin root "praemūnīre", meaning "to fortify beforehand". It entered the English language in the 16th century as a legal term. The term "praemūnīre" originally referred to a medieval English statute used to prevent the power of papal influence from superseding the power of the English monarch. Over time, "preemption" came to mean the act of acquiring or seizing something before others can do so. In a legal sense, it refers to the right or act of acquiring property or asserting authority before others.
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