Saturday, June 29, 2024

Coterminous

Coterminous (pronounced koh-tur-muh-nuhs)

(1) In geography, having the same border or covering the same area; bordering; contiguous; having matching boundaries; or, adjoining and sharing a boundary.

(2) Being the same in extent; coextensive in range, scope, time etc.

(3) Of objects or abstractions, meeting end to end or at the ends.

(4) By extension, anything having the same scope, range of meaning, or extent in time. 

(5) In the law of real property, linked or related property leases which expire together.

1790–1800: A re-formation of the earlier conterminous, from the Latin conterminus, the construct being con- (with) + terminus (border, end).  The con- prefix was from the Middle English con-, from the Latin con-, from the preposition cum (with), from the Old Latin com, from the Proto-Italic kom, from the primitive Indo- European óm (next to, at, with, along).  It was cognate with the Proto-Germanic ga- (co-), the Proto-Slavic sъ(n) (with) and the Proto-Germanic hansō.  It was used with certain words to add a notion similar to those conveyed by with, together, or joint or with certain words to intensify their meaning.  Terminus was from the primitive Indo-European térmn̥ (boundary) of uncertain origin but perhaps from terh- (pass through).  It was cognate with the Ancient Greek τέρμα (térma) (a goal) and τέρμων (térmōn) (a border) and although contested, some etymologists suggest a relationship with the Sanskrit तरति (tar-) (to overcome), the Classical Latin trāns (through, across, over) and even possibly intrō (I enter, I go into).  Most dictionaries insist that despite having been in use since the 1630s, the hyphenated co-terminous is a malformation but, coterminous being a rare word, it’s not often disputes arise.  Purists who prefer always to stick to the classics reject both as needless formations and prefer the original Latin: conterminous.  Coterminous, coterminated & coterminal are adjectives, conterminousness is a noun, coterminal is a noun & adjective, coterminate & coterminating are verbs and coterminously & coterminally are adverbs; the noun plural is coterminals.

417 & 419 Venice Way, Venice Beach, Los Angeles, California where, during 2011, Lindsay Lohan lived (in 419 (right)).  This style of construction is sometimes called a “pigeon pair” but these two are only "semi-mirrored" because there are detail differences in the architecture.  Next door (417) lived Ms Lohan's former special friend Samantha Ronson.  Each four bedroom (3½ bathrooms) house included a floating stairway leading to a mezzanine which the property’s agent described as “ideal for a studio or office”.

In the law of real property, the term "coterminous" is used of a lease (or leases) which cover two properties with separate titles where the lease (or leases) expire simultaneously.  Whether the properties are geographically coterminous (or have any contiguous boundaries) is not relevant, indeed the two (or more) can be separated by great distances, the conterminousness of the relationship a product of the active lease(s), not the physical geography.  The land on which stands 417 & 419 Venice Way could be titled as a single entity and thus the two houses would sit on the one coterminous space or (as is more common), the land can have two separate titles and the two would sit contiguously.  At law, a coterminous lease of the houses could accommodate either arrangement and either 417 or 419 could also be part of a coterminous lease with one or more properties in another part of the state.        

The advantage of being original

The constitutions of some nations were written in the blood shed in war, revolutions or long struggles between sovereign and subjects so their foundation documents, their basic law, often contain stirring words, preambles especially sometimes even with literary merit.  The Constitution of Australia is not one of those documents.  While there were arguments during the eight-odd years it took for the six self-governing British colonies to agree on a draft, the matters in dispute mostly were procedural and mercantile rather than the rights of man and the pursuit of happiness.  Things were hammered-out in committees and smoke-filled rooms (the phrase then used literally), there were no mobs taking to the street or storming a parliament; apparently not even an effigy was burned.  The document which emerged has proved durable and adaptable but not a great read, befitting a nation which gained its independence (if originally incomplete until 1986) not through battle but bureaucracy.  The draft reached London in 1900 and was soon passed by the imperial parliament as the Constitution of Australia Act which effectively created the country, its executive, legislature and judiciary, empowering a parliament to meet.  Thus assembled, the Parliament of Australia passed the Constitution of Australia Act, becoming effective on 1 January 1901, the first day of the new century.

So Australia was born not on streets running with rivers of blood but by a grant of freedom from a colonial oppressor which had learned the lessons of 1776.  The constitution passed has since been little modified (a process technically simple but politically challenging) has accommodated some changes better to suit a place where things do change.  It tends to be forgotten that, even in 1901, anything like what’s now thought to be genuine democracy was rare anywhere and, where it existed to the extent it did, it was a recent and sometimes fragile thing.  The Australian constitution did however create a framework for one structural aspect of democracy now thought fundamental: the equality of the value of the individual citizen’s vote although, on that framework hung an imperfect skin and it wouldn't be for decades that something close to "one vote-one value" was achieved. 

That didn't however apply to the Australian Senate (the upper house) and that was one of the prices to pay for nationhood; the smaller states would never have agreed to federate had they not been afforded equality of representation in what they seemed genuinely to believe would be the place where their interests would be protected.  That illusion didn’t long last but the distortions, now actually worse, remain.  Regarding the lower house, Chapter I, Part III, Section 24 of the constitution provides (1) it shall have twice the number of members of the upper house and (2) the number of members in each of the six states shall be in proportion to the state’s population.  That, even today, is about as equitable as is possible but a further clause provided that (3) none of the original states can have fewer than five members, regardless of the math imposed by (1) & (2).

By the early twenty-first century, that meant in New South Wales, there was one senator for every 680,000-odd souls whereas one represented every 45,000 Tasmanians, a impressive imbalance around 85:15; in the lower house it was a much more democratic 62:38.  Better still, if ever Tasmanians feel somehow unrepresented, there’s also a state parliament with an upper and lower house and a generous layer of local government.  These distortions do happen in other countries (notably the United States Senate) but among those with some claim to free and fair electoral systems, the Tasmanian example is probably extreme.  In Australia, it pays to be an original state.

Electoral divisions, Tasmania, Australia.

In the state parliament, a feature of Tasmania’s mysterious Hare-Clark electoral system for the House of Assembly (state lower house) is its five electoral divisions are coterminous with the five House of Representatives (Commonwealth lower house) divisions (Bass, Braddon, Clark, Franklin and Lyons).  Although it may sound a rare example of bureaucratic efficiency, it’s dictated more by the practicalities of the multi-member Hare-Clark system in which each seat returns the same number of MHAs (Member of the House of Assembly although the modern practice is for them to be styled “MP” (Member of Parliament)); the number of seats in the legislative assembly is thus always divisible by five.  The House of Assembly first sat in 1856 when the bicameral parliament was established with the proclamation of responsible government and the Hare-Clark system was the co-creation of Thomas Hare (1806-1891), an English lawyer with an interest in political reform & Andrew Inglis Clark (1848–1907), an engineer & lawyer who served as attorney-general in Tasmania between 1887-1892 & 1894-1897.  Hare's original design dated from 1856 and was one of many systems of proportional representation explored during the nineteenth century and it was modified by Clark, becoming law in 1896 and has been used state-wide since 1909.

Eric Abetz MP (Liberal Party, Franklin), official ministerial photograph, Office of the Cabinet, Tasmania, Australia.

When other systems were in use, the number of seats varied several times between 32-38 but, after the Commonwealth's divisional boundaries were co-opted, the number of seats for decades remained relatively stable: set at 35 in 1900, 30 in 1906, & 35 in 1959.  In a rare moment of rationality, this was in 1998 reduced to 25 but in an unfortunate "triumph of politics" moment, this was restored to 35 for the 2024 general election.  So, the place is back to having too many politicians but however unpleasing the surplus, it may be thought a small price to pay for the return of Eric Abetz (b 1958) to politics.  Upon his election to the House of Assembly in 2024, Mr Abetz was immediately elevated to cabinet as Minister for Business, Industry and Resources, Minister for Transport & Leader of the House.  Having previously served as a senator (Liberal Party) for Tasmania between 1994-2022, it’s a remarkable resuscitation of a political career which had seemed terminal.  Having Eric Abetz back to represent the views of the eighteenth century has been welcomed by all political junkies.

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