Posted by Eugene Volokh:
Forgo vs. Forego:
http://volokh.com/archives/archive_2009_06_21-2009_06_27.shtml#1245809432


   [1]How Appealing noted [2]an opinion by Judge Frank Easterbrook last
   week, to point out (among other things) that "Judge Easterbrook does
   not forgo using 'forego' to mean 'to do without.'" (The full phrase in
   the opinion was "the insurers contend that Freedom�s willingness to
   forego the collection of any deficiency ....")

   There is indeed a common [3]assertion that "go without" should only be
   written "forgo," and "go before" should only be written "forego," as
   in "the foregoing." ("The E in "forego" tells you it has to do with
   going before. It occurs mainly in the expression "foregone
   conclusion," a conclusion arrived at in advance. "Forgo" means to
   abstain from or do without. "After finishing his steak, he decided to
   forgo the blueberry cheesecake."") [4]Bryan Garner's Oxford Dictionary
   of American Usage and Style largely echoes this. (I'm not sure about
   Howard Bashman's views; he may well have just been referring to the
   assertion, and not endorsing it.)

   And indeed, it sounds logical that "foregoing" should correspond to
   "going before" and not "going without." But it's also logical to
   denounce "its" as a possessive of "it" (the rule for most possessive
   is to add an apostrophe and an "s" rather than just an "s"), "aren't
   I?" as short for "am I not?," and "himself" (shouldn't it be
   "hisself," by analogy to "myself," and because we're talking about his
   self?). Logic takes you only so far when we're talking about English,
   and I imagine all or nearly all other languages.

   So as these examples -- and many more -- illustrate, it is important
   to look to "[5]the will of custom, in whose power is the decision and
   right and standard of language." And modern search technology makes it
   very easy to see what the custom is. A Westlaw search for "to #forgo"
   & date(> 1/1/2008) yields 916 hits; a Westlaw search for "to #forego"
   & date(> 1/1/2008) yields 1914. (The "#" is required to prevent
   Westlaw for searching for both, since it otherwise recognizes them as
   synonyms.) Quick eyeballing of reveals that these seem to mean "to go
   without," which makes sense: "To forego" in the sense of "to go
   before" would be a pretty odd locution. Googling reveals that this
   isn't just legal usage; "to forego" beats "to forgo," though by a
   smaller margin (1.74M reported hits vs. 1.56M). So both "forego" and
   "forgo" are in common usage to mean "go without"; custom approves of
   both.

   Ah, some may say, that's just a sign of how the language is going to
   hell in these degenerate times. But the preference for "to forego"
   over "to forgo" seems to have been much stronger in past decades.
   Limiting the search to cases before 1940 yields 2626 cases for of "to
   forego" and only 9 for "to forgo." Either there's some serious glitch
   in Westlaw (unlikely; I get the same results with Lexis), or past
   usage is overwhelmingly in favor of writing "to do without" as "to
   forego" rather than "to forgo."

   So it's hard for me to see any basis for condemning the use of "to
   forego" in the sense of "to do without." Logic, as I mentioned,
   doesn't tell us much. Modern usage, including in edited prose written
   by generally quite literate judges and law clerks, suggests that both
   "to forego" and "to forgo" are acceptable. Longstanding usage, at
   least longstanding legal usage, suggests that if anything "to forego"
   is more standard (though I wouldn't condemn "to forgo" on account of
   this; I'd say both are proper). There's no risk that "to forego" as
   "to do without" will be unclear to the reader; context pretty much
   always dispels any possible risk of confusion.

   So all we have to criticize the "forego = do without" usage is
   basically some people's esthetic judgment. If you share that esthetic
   judgment, then by all means use "forgo." And even if you don't share
   the judgment, you might still want to avoid "forego = do without" in
   order to satisfy the purists, on the theory that today "to forgo" is
   the safe bet, though perhaps it wasn't in the past (at least in legal
   usage). But I see no real foundation for any claim that "forego = do
   without" is wrong, a "mistake," or even "poor usage."

References

   1. http://howappealing.law.com/062309.html#034482
   2. 
http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=08-3007_002.pdf
   3. http://www.wsu.edu/~brians/errors/forego.html
   4. 
http://books.google.com/books?id=z_VmtjAU01YC&pg=PA153&lpg=PA153&dq=%22few+apologists+argue+that+these+words+are+interchangeable,+they+have+separate+histories%22&source=bl&ots=6FdNcc5_D4&sig=NclTAEtEhAh7LO-roNHptbdzQGc&hl=en&ei=zohBSqCuM4anlAfE7pH8CA&sa=X&oi=book_result&ct=result&resnum=1
   5. http://volokh.com/archives/archive_2009_06_07-2009_06_13.shtml#1244585366

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