Friday, August 18, 2023

Literal

Literal (pronounced lit-er-uhl)

(1) In accordance with, involving, or being the primary or strict meaning of the word or words; not figurative or metaphorical.

(2) Following the words of the original exactly.

(3) True to fact; not exaggerated; actual or factual; being actually such, without exaggeration or inaccuracy.

(4) Of, persons, tending to construe words in the strict sense or in an unimaginative way; matter-of-fact; prosaic.

(5) Of or relating to the letters of the alphabet (obsolete except for historic, technical or academic use); of or pertaining to the nature of letters.

(6) In language translation, as "literal translation", the precise meaning of a word or phrase as opposed to the actual meaning conveyed when used in another language. 

(7) A typographical error, especially involving a single letter (in technical use only).

(8) In English (and other common law jurisdictions) law, one of the rules of statutory construction and interpretation (also called the plain meaning rule).

(9) In computer science, a notation for representing a fixed value in source code.

(10) In mathematics, containing or using coefficients and constants represented by letters.

1350-1400: From the Middle English from the Late Latin literalis & litteralis (of or belonging to letters or writing) from the Classical Latin litera & littera (letter, alphabetic sign; literature, books).  The meaning "taking words in their natural meaning" (originally in reference to Scripture and opposed to mystical or allegorical), is from the Old French literal (again borrowed from the Latin literalis & litteralis).  In English, the original late fourteenth meaning was "taking words in their natural meaning" and was used in reference to the understanding of text in Scripture, distinguishing certain passages from those held to be mystical or allegorical.  The meaning "of or pertaining to the letters of the alphabet " emerged in English only in the late fifteenth century although that was the meaning of the root from antiquity, a fork of that sense being " verbally exact, according to the letter of verbal expression, attested from the 1590s and it evolved in conjunction with “the primary sense of a word or passage”.  The phrase “literal-minded” which can be loaded with negative, neutral or positive connotations, is noted from 1791.  Literal is a noun & adjective, literalize is a verb, literalistic is an adjective, literalist, literalization & literalism are nouns and literally is an adverb; the noun plural is literals.

The meaning "concerned with letters and learning, learned, scholarly" was known since the mid-fifteenth century but survives now only literary criticism and the small number of universities still using “letters” in the description of degree programmes.  The Bachelor of Letters (BLitt or LittB) was derived from the Latin Baccalaureus Litterarum or Litterarum Baccalaureus and historically was a second undergraduate degree (as opposed to a Masters or other post-graduate course) which students pursued to study a specialized field or some aspect of something of particular interest.  Once common, these degrees are now rare in the English-speaking world.  It was between 1895-1977 offered by the University of Oxford and was undertaken by many Rhodes Scholars, sometimes as an adjunct course, but has now been replaced by the MLitt (Master of Letters) which has a minimal coursework component.  When the BLitt was still on the books, Oxford would sometimes confer it as a sort of consolation prize, offering DPhil candidates whose submission had proved inadequate the option of taking a BLitt if the prospect of re-writing their thesis held no appeal.  Among the dons supervising the candidates, the verb "to BLitt" emerged, the classic form being: “he was BLitt-ed you know".

Oxford BLitt in light-blue hood, circa 1907, prior to the reallocation of the shades of blue during the 1920s.

Oxford's colorful academic gowns are a footnote in the history of fashion although influences either way are difficult to detect.  The regulations of 1895 required the new BLitt and the BSc (Bachelor of Science) were to wear the same dress as the existing B.C.L (Bachelor of Civil Law) and the BM (Bachelor of Medicine) and if there was a difference between the blues used for the BCL and the BM in 1895, the implicit "respectively" (actually then its Latin equivalent) would seem to suggest the BLitt was to use the same color hood as the BCL and the BSc to use the shade of the BM and that's certainly how it appears on many contemporary depictions.  Although in the surviving record the hues of blue would in the following decades vary somewhat (and the colors were formerly re-allocated during the 1920s, the BLitt moving to a more vivid rendition of light-blue), the BLitt, BSc and BCL hoods tended always to be brighter and the BM darker.  Whether it was artistic license or an aesthetic nudge, one painter in 1927 mixed something much lighter for the BLitt, a shade more neutral and hinting at a French grey but no other artist seems to have followed.  By 1957, the BLitt and BSc gowns had returned to the colors of the 1895 decree while the BCL and BM were now in mid-blue and that remained unchanged until 1977 when the BLitt and BSc were superseded by masters’ degrees, the new MSc and MLitt given a blue hood lined with the grey of the DLitt & DSc.

Oxford BM in mid-blue hood, circa 1905.

Quite how much the work of the artist can be regarding as an accurate record of a color as it appeared is of course dubious, influenced as it is the painter’s eye, ambient light and the angle at which it was observed.  Even the descriptions used by the artists in their notes suggest there was either some variation over the years (and that would not be unexpected given the differences in the dying processes between manufacturers) or the terms for colors meant different things to different painters: The Oxford BMus hood was noted as blue (1882 & 1934), mauve (1920), lilac (1923, 1924, 1927, 1935 & 1957), dark lilac (1948) and dark purple (1926).  With improvements in photographic reproduction and the greater standardization in the industrial processes used in dying, the post-war photographic record is more reliable and lilac seems a good description for the BM and “light blue” for the BLitt.

Over the moon: Lindsay Lohan (right) with mother Dina (left) and sister Aliana (centre) at a lunch to celebrate he pregnancy, New York, April 2023.

In March, her mother had been quoted as saying: “I’m literally over the moon. I’m so happy, I can’t stop smiling”.  The now seemingly endemic misuse of literal is not new, Henry Watson Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) noting errors in general use from as early as the 1820s and the Oxford English Dictionary (OED) has cited literary examples from the seventeenth century.  Interestingly, it appears objections emerged only in the early twentieth century which does suggest an additional meaning may have existed or at least been evolving before the grammar Nazis imposed their censorious ways.  The use is now so endemic in English and rarely causes confusion so the pedants really should give up their carping and some illustrious names have sinned:

The land literally flowed with milk and honey.” (Louisa May Alcott (1832–1888), Little Women (1868-1869)).

“…literally rolling in wealth” (Mark Twain (1835-1910), The Adventures of Tom Sawyer (1876)).  In fairness this can be done because Disney had Scrooge McDuck (created 1947) do just that in his "money bin" but that wouldn't have been what Twain had in mind).  

“…Gatsby literally glowed.” (F Scott Fitzgerald (1896–1940), The Great Gatsby (1925)).  Women (often when pregnant) actually are said "to glow" in the sense of their happiness being such that it seems "to radiate" from them and this may be what he wanted to convey but it's most unusual to use it of men.  It's anyway usually held to be a figurative radiation, not something literal.  

The literal rule in statutory interpretation in the UK & Commonwealth

Statute law is that set in place by a body vested with appropriate authority (typically a legislature) and maintained in written form.  In providing rulings involving these laws, courts in the common-law world (although in the US the evolution has been a little different) have developed a number of principles of statutory interpretation, the most fundamental of which is “the literal rule” (sometimes called the “plain meaning rule”).  It’s the basis of all court decisions involving statues, the judge looking just to the words written down, relying on their literal meaning without any attempt to impute or interpret meaning.  The process should ensure laws are made exclusively by legislators alone; those elected for the purpose, the basis of the constitutional theory being that it’s this which grants laws their legitimacy and thus the consent of those upon they’re imposed.  However, an application of the literal rule can result in consequences which are nonsensical, immoral or unjust but the theory is that will induce the legislature to correct whatever error in drafting was the cause; it not being the task of the court to alter a duly passed law; the judiciary must interpret and not attempt to remedy the law.

A judge in 1980 observed the British constitution “…is firmly based upon the separation of powers; parliament makes the laws, the judiciary interpret them.  When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect… the role of the judiciary is confined to ascertaining from the words that parliament has approved as expressing its intention what that intention was, and to giving effect to it. Where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or even unjust or immoral.”  So a judge should not depart from the literal meaning of words even if the outcome is unjust.  If they do, the will of parliament is contradicted.

However, some things were so absurd even the most black-letter-law judges (of which there were not a few) could see the problem.  What emerged was “the golden rule”, the operation of which a judge in 1857 explained by saying the “…grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.”  The golden rule thus operates to avoid an absurdity which an application of the literal rule might produce.

The golden rule was though deliberately limited in scope, able to be used only in examples of absurdity so extreme it would be a greater absurdity not to rectify.  Thus “the mischief rule” which with judges exercised rather more discretion within four principles, first mentioned in 1584 at a time when much new legislation was beginning to emerge to supersede the old common law which had evolved over centuries of customary practice.  Given the novelty of codified national law replacing what previously been administered with differences between regions, the need for some debugging was not unexpected, hence the four principles of the mischief rule: (1) What was the common law before this law?, (2) What was the mischief and defect for which the common law did not provide and thus necessitate this law?, (3) What remedy for the mischief and defect is in this law”, & (4) The role of the judge is to make such construction as shall suppress the mischief and advance the remedy.  The rule was intended to determine what mischief a statute was intended to correct and interpret the statute justly to avoid any mischief.

The mischief rule closes loopholes in the law while allowing them to evolve in what may be a changing environment but does permit an element of the retrospective and depends on the opinion and prejudices of the judge: an obvious infringement on the separation of powers protected by the strict application of literal rule.  So it is a trade-off, the literal rule the basic tool of statutory interpretation which should be deviated from only in those exceptional cases where its application would create an absurdity or something manifestly unjust.  This the golden rule allows while the mischief rule extends judicial discretion, dangerously some have said, permitting the refinement of law at the cost of increasing the role of the judges, a group where views and prejudices do vary.  From all this has evolved the debate about judicial activism.

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