Bench

Bench (pronounced bench)

(1) A long seat (without arm or back-rest) for two or more people:

(2) A seat occupied by an official, especially a judge in a courtroom.

(3) Such a seat as a symbol of the office of an individual judge or the judiciary.

(4) The office or dignity of various other officials, or the officials themselves.

(5) In certain team sports, the seat (literally or figuratively) on which the reserve (substitute) players sit during a game while not playing and on which “starting side” players sit while substituted.

(6) The quality and number of the players named as substitutes.

(7) By extension, the quality and number of professionals or experts in reserve, to be called upon as needed:

(8) As a clipping of workbench, the worktable of those engaged in trades.

(9) In interior design, certain fixed flat surfaces (kitchen bench, bathroom bench etc).

(10) A platform on which animals or objects are placed for exhibition.

(11) In farming, a hollow on a hillside formed by sheep.

(12) In surveying, a bracket used to mount land surveying equipment onto a stone or a wall.

(13) In certain legislatures, as “front bench” (the office-holding members of a government or opposition who sit on the bench at the front of their side of the assembly), “back bench” (those elected members not appointed to an office who sit on benches behind) and “cross-bench” (those not members of the party in government or formal opposition who sit on other benches).  The terms are sometimes literal but depending on an assembly’s architecture or the size of a government’s majority, others can sometimes “overflow” to the physical “cross benches”.  Thus there are “front benchers”, “back benchers” & “cross benchers” (sometimes hyphenated).

(14) In geography, a shelf-like area of rock with steep slopes above and below, especially one marking a former shoreline.

(15) In extractive mining, a step or working elevation in a mine.

(16) In science (usually as “at the bench”), to distinguish between being engaged actively in research and concurrent or subsequent administrative functions.

(17) To furnish with benches (now rare).

(18) To seat on a bench or on the bench (now rare).

(19) In extractive mining, to cut away the working faces of benches.

(20) In certain team sports, to substitute or remove a player from a game or relegate them to the reserve squad.

Pre 1000: From the Middle English bench, benk & bynk, from the Old English benc (bench; long seat (especially if backless)), from then Proto-West Germanic banki, from the Proto-Germanic bankon & bankiz (bench), from the primitive Indo-European bheg.  It was cognate with the Scots benk & bink, the West Frisian bank, the Dutch bank, the Old High German Bank, the Old Norse bekkr, the Old Frisian benk, the Danish bænk, the Swedish bänk and the Icelandic bekkur, all from a Germanic source and all of which meant “bench”.  In the Old English there were the verbs bencian (to make benches) and bencsittend (one who sits on a bench).  The dialectal spellings benk & bink are both long obsolete.  Bench & benching are nouns & verbs, bencher is a noun, benched is a verb & adjective and benchy & benchlike are adjectives; the noun plural is benches.

The source of the idea of the “bench as a type of long seat” is thought to come from riparian imagery (natural earthen incline beside a body of water) and etymologists speculate the original notion was of a “man-made earthwork used as a seat”.  Bench was from the late fourteenth century used of the tables on which merchants displayed their wares and that may have been a borrowing from the reference to the seat the judge would occupy in a court of law, that use emerging early in the 1300s and coming soon to mean “judges collectively, office of a judge, the judiciary”.  Whether it was actually an allusion to customers “judging the goods displayed” is speculative.  The use in team sports of “the bench” being the “reserve or substitute team members” was drawn from the actual physical bench on the sideline on which those players would sit while not on the field.  The earliest known reference to the existence of furniture used for this purpose is from the US in 1899 but extending this generally to the “reserve of players” in baseball, football etc seems not to have begun until 1909.  In sport, the idiomatic forms include “bench player” (one habitually selected only in the reserves and not the “starting side”), “benched” (a player substituted during play and “sent to the bench”, either because of poor performance or as part of a planned rotation, “injury bench” (players substituted due to injury), “bench warmer (or “bench sitter”, or “bench jockey”) (one whose career has plateaued as a “bench player”, “warming the bench”) 

Bench has attracted many modifiers describing use including “bench grinder”, “bench saw”, “bench drill”, “sawbench”, “kitchen bench”, “deacon's bench”, “friendship bench”, “bench easel”, “mourners' bench”, “piano bench” (a “piano stool” for two), “preacher’s bench” etc.  The noun & verb “benchmark” refers to the optimal results obtained when testing something or someone on a “test bench” although the use is often conceptual, a physical “test bench” not necessarily part of the processes and even some structures in engineering referred to as a “test bench” may bear no relationship to any actual “bench” however described.

Of seats

Bench seats ranged from the functional to the extravagant.

1971 Holden HQ Belmont Station Sedan (station wagon or estate-car) (left) in turquoise vinyl and 1974 Imperial LeBaron four-door hardtop (right) in chestnut tufted leather though not actually “rich Corinthian leather” which was (mostly) exclusive to the Cordoba (1975-1983) until late 1975 when not only did the Imperial's brochures mention "genuine Corinthian leather (available at extra cost)" but for the first time since 1954 the range was referred to as the "Chrysler Imperial", a harbinger the brand was about to be retired.  Imperial's advertising copy noted of the brochure photograph above: “...while the passenger restraint system with starter interlock is not shown, it is standard on all Imperials.”; the marketing types didn't like seat-belts messing up their photos.  While all of the big three (GM, Ford & Chrysler) had tufted interiors in some lines, it was Chrysler which displayed the most commitment to the extravagance although regrettably, some testers at the time reported than while they looked accommodating, after an hour of so, they proved quite uncomfortable.  They contrasted the eye-catching seats in the Imperial with the "hard" pews provided by Mercedes-Benz which proved supportive and comfortable even after hours behind the wheel, concluding backs, shoulders and legs were a more reliable guide to orthopedic correctness  than visual appeal, Teutonic austerity proving more luxurious than Detroit's rococo.

Boring: Rear bench seat in 1963 Chrysler 300J.

The 1963 Chrysler 300J was the rarest (ie the one fewest customers purchased) of the eleven “letter-series” cars (1955-1965) and whether or not related to its performance in the market, one thing which at the time attracted comment was a rear bench seat replacing the eye-catching twin buckets and full length console which had for three seasons appeared in its predecessors (300F, 300G & 300H).  In 1963, the industry, chasing volume & profits, had begin the process of “de-contenting” their cars, either ceasing the availability of stuff expensive to make or install or moving such items to the option list; by the late 1960s even Cadillac would be afflicted.  The Chrysler “letter series” 300s had begin in 1955 with what many had assumed was a one-off high-performance model created by mixing & matching trim from the Imperial line (newly that year established as a stand-alone marquee) as well as tuning the mechanical components for speed.  Existing initially to homologate stuff for use in competition, not only did the C-300 sell in a pleasing volume but it was such a success as a image-building “halo car” the model was retained for 1956 and dubbed 300B with a further nine annually following until the end of the line in with the 300L 1965, each release appending as an identifier the next letter in the alphabet (thus 300C, 300D etc).

Much more swish: Rear bucket seats in 1961 Chrysler 300G.

However, as well as the dubious distinctions of being the least popular and being the only one the series between 1957-1965 not to be offered as a convertible, the 300J represents a quirk in the naming sequence, Chrysler skipping the letter “I”.  That was done for the same reason there are so few “I cup” bras, the rationale being “I” might be confused with the numeric “1” so most manufacturers go straight from “H cup” to “J cup” although some plug the gap with a “HH cup” and there are even those who stop at “G”, handing incremental increases in volume with “GG” & “GGG” cups; it does seem an industry crying out for an ISO.  There’s no evidence Chrysler ever pondered a “300HH”.  Like Chrysler and most bra manufacturers, the USAF (US Air Force) also opted to skip “I” when allocating a designation for the updated version of the Boeing B-52 Stratofortress (1952-1962 and still in service).  Between the first test flight of the B-52A in 1954 and the B-52H entering service in 1962, the designations B-52B, B-52C, B-52D, B-52E, B-52F & B-52G sequentially had been used but after flirting with whether to use B52J as an interim designation (reflecting the installation of enhanced electronic warfare systems) before finalizing the series as the B-52K after new engines were fitted, in 2024 the USAF announced the new line would be the B-52J and only a temporary internal code would distinguish those not yet re-powered.  Again, “I” was not used so nobody would think there was a B521.

1958 Metropolitan Hardtop in two-tone Frost White and Berkshire Green over black and white houndstooth cloth and vinyl.

Under various marques, the Metropolitan was in production between 1953-1961 and its cartoon-like appearance was a result of applying the motifs of the standard-sized US automobile to something much smaller and in that it was conceptually similar in concept to the more severely executed Triumph Mayflower (1949-1953) which took as a model the “knife-edged” lines of the Daimlers and Rolls-Royces bodied by Hooper.  Although most four-door cars with front bench seats featured full-width cushions (one which one’s butt sat) and squabs (on which one’s back rested), most two door models had “split squabs” which individually could be folded forward, affording someone access to the rear passenger compartment without disturbing anyone sitting on the other side of the front seat.

1958 Metrolpoitan.

The split squabs erect (left), the passenger's folded forward to afford entry to the rear bench (centre) and the rear bench's squab laid flat to allow access to the trunk or provide a larger storage space (right).  In modern five-seaters, the trend has been the so-called 40/60 split seat which allows two passengers still to sit on the back seat while extending the trunk space into the cabin, the origin of the idea reputedly the desire of skiers to carry their skis & poles without the need to fit external racks.  The Metropolitan also had a fold-down rear bench, a common feature in many station wagons, SUVs (sports utility vehicle) and such but for the diminutive Metropolitan it was essential because there was no trunk (boot) lid.  Though not unique, that was unusual in four-seat sedans (which the Metropolitan sort of was) although some sports cars also lacked the fitting including the early Austin-Healey Sprite (the so-called bugeye or frogeye (depending on the side of the Atlantic where one sat)) and every Chevrolet Corvette between the release of the C2 in 1962 and the C5 in 1998.

Bench seat for four: the improbable 1948 Davis Divan.  The blue car (one of a dozen survivors of the 17 built) was restored by the Petersen Automotive Museum in Los Angeles where it is on display.

In cars and such, a “bench seat” differs from a “bucket” or “individual” seat in that comfortably it can accommodate three occupants, the comparison with furniture being the difference between a “chair” and a “sofa”.  In commercial vehicles, bench seats commonly can seat four but in cars the recommended (and eventually legal) limit was typically three although the truly bizarre Davis Divan (1948) featured a bench allowing four abreast seating for adults, something which would have been an interesting experience for the quartet because a quirk of the suspension system was the long, pointed nose of the thing actually rose under braking.  The three-wheeled Divan was the brainchild of “automotive entrepreneur” (some historians are less kind) Glen Gordon “Gary” Davis (1904-1973) who put some effort into building the prototypes, not enough into preparation for actual production but much into raising funds from “investors”, a goodly chunk of which apparently was spent on real estate, entertaining and mink coats for “friends” (with all that implies).  He had a flair for slogans so many investors were attracted but the project proved chimeric, Mr Davis subsequently tried and convicted of fraud & grand theft, spending two years in prison.  The name Divan was used as an allusion to the car's wide bench seat.  It was from the French divan, from the Ottoman Turkish دیوان (divan), from the Iranian Persian دیوان (divân), from the Classical Persian دیوان (dēwān), from Middle Persian dpywʾn' or dywʾn' (dēwān) (archive, collected writings, compilation of works”), from the Sumerian dub.  The sense was of a sofa-like piece of furniture comprising a mattress lying against the wall and on either the floor or an elevated structure.  Part of the tradition of interior decorating in the Middle East, in the West divans are sometimes called “ottomans”; those with an internal storage compartment: “box ottomans”.

Four American Airlines stewardesses proving the bench seat had “hiproom for four adults; its foam rubber cushion beautifully upholstered in long-wearing synthetic fabrics.”  Dr Phil Tiemeyer's Women and the Jet Age. A Global History of Aviation and Flight Attendants (2025) explores the post-war aviation industry and the not always happy part played by flight attendants.

Resembling a large shoe mounted on a tricycle undercarriage, so much was strange about the Davis Divan that in 1948 the four-abreast seating configuration probably didn’t seem so startling.  Still, the public were aware of the unusual feature because among the many publicity shots distributed was one of four American Airlines flight attendants (then called stewardesses) perched, apparently happily, on the bench seat while Mr Davis looked on approvingly.  Presumably, the four young ladies were relaxed and comfortable because the space available was rather more than airlines these days provide for economy-class passengers in airliners.  To this day, there are those who defend Mr Davis and claim the corporate failure was a consequence of his managerial ineptitude rather than constructive fraud but as well as the mink coats, there were clues some of techniques used to raise what would now be called VC (venture capital) were suspect, including the claim the movie star Greta Garbo (1905-1990) was one of the investors.  Ms Garbo was by 1948 already legendarily reclusive, never gave interviews and journalists who sent type-written questions (including a return SSAE (stamped self-addressed envelope)) were ignored.  If any alleged “investor” was unlikely to contradict Mr Davis, it was Greta Garbo.

Mannerist but not quite surrealist: Some artistic licence taken.

Advertising for the 1961 Pontiac Bonneville Sports Coupe (left) with images by Art Fitzpatrick (1919–2015) & Van Kaufman (1918-1995) and a (real) 1961 Pontiac Bonneville Sports Coupe (right) fitted with Pontiac's much admired 8-lug wheels, their exposed centres actually the brake drum to which the rim (in the true sense of the word) directly was bolted.  Four could be seated on the Bonneville's front seat but the packaging efficiency was not as good as was found on the Divan; although the car was 8.2 inches (208 mm) wider (78.2 (1,986) vs 72.0 (1,829)), at 63.4 inches (1,610 mm), the Pontiac’s front seat was narrower than the 64 inches (1,626 mm) found in the Divan.  The inefficiency inside was reflected under the hood (bonnet).  Although wide, even Detroit's large-displacement V8s of the post-war years were, by historic standards, relatively short, but to achieve the desired look (longer, lower, wider), the stylists rendered long noses and such was the capaciousness, a straight-8 or V16 could have been installed.  Remarkably, as a marker of distinction, some of these machines even had their noses extended a few inches, just "for the look", creating even more waste space.  Undeniably, something like the 1969 Pontiac Grand Prix was dramatic but it was emblematic of an era of self indulgence. 

Had one taken seriously some of the images used to advertise US cars in the 1960s, one might have assumed Mr Davis had been so influential that bench seats might by 1961 seat five but sadly, the work of Fitzpatrick & Kaufman (best remembered for what they rendered for GM’s (General Motors) PMD (Pontiac Motor Division) took some artistic licence and one piece of exaggeration was width.  The pair rendered memorable images but certainly exaggerated things where they though it would help created what were even then admired as simulacrums rather than something to be taken literally.  While PMD’s “Year of the Wide-Track” (introduced in 1959) is remembered as a slogan (the original advertising copy read “Wide Track Wheels” but was soon clipped to “Wide Track” because it was snappier), it wasn’t just advertising shtick, the decision taken to increase the track of Pontiacs by 5 inches (127 mm) because the 1958 frames were carried-over for the much wider 1959 bodies, rushed into production because the sleek new Chryslers had rendered the old look frumpy and suddenly old-fashioned.  That spliced-in five inches certainly enhanced the look but the engineering was sound, the wider stance did genuinely improve handling.  Just to make sure people got the message about the “wide” in the “Wide Track” theme, the advertising artwork deliberately exaggerated the width of the cars they depicted and while it was the era of “longer, lower, wider” (and PMD certainly did their bit in that), things never got quite that wide.  Had they been, the experience of driving would have felt something like steering an aircraft carrier's flight deck.

Davis Divan: Even if the car wasn’t “real”, the brochure was well-done, reflecting the influences of Art Deco and Mid-Century Modernism.

Although not in US terms a “big” car, at 72 inches (6 feet, 1.8 metres) in width, the Davis Divan was comparatively wide, as of course it had to be make the four-place bench seat viable.  Still, with an apparently aerodynamic body made from aluminium (taking advantage of the ample stock of the metal created when contacts for military aircraft had been cancelled after the unexpectedly abrupt end of World War II (1939-1945)) it weighed in at a svelte 2,450 pounds (1,110 kg) so the small, four cylinder engines would have delivered low fuel consumption and provided adequate, if not sparkling, performance although if the shape was as slippery as it appeared, the claimed top speed of 115 mph (185 km/h) may have been plausible; as far as is known, no one has ever attempted to verify the claim.  In a booming economy in which new cars were in high-demand, the package must have seemed attractive to investors, especially as it was expected to sell for what seemed a competitive US$995.

One of the mink coats made infamous in the court proceedings in which Mr Davis was handed a two-year sentence after being convicted of fraud & grand theft.

In retrospect, the projected price was as remote from economic reality as the 990 Reichsmarks (RM) the Nazi Party in 1938 promised would be the cost Germans would pay for a new KdF-Wagen.  The Kraft durch Freude-Wagen was the “people’s car” marketed by the Party’s Kraft durch Freude (Strength Through Joy) operation which also ran cruise liners and holiday resorts and although not one car had been delivered to a civilian customer by the end of the war, it would subsequently enjoy much global success as the Volkswagen Type 1 (VW Beetle, 1938-2003).  As late as 1943 some of the 340,000-odd Germans obediently still were making their weekly payment of 5 RM and it would be more than a decade before some received any form of refund.  While over 21 million VW Beetles were made, Davis Divan production only ever reached 16 or 17 (including three specialized military (non-combat-vehicles) variants) and remarkably, at least 12 have survived as curiosities in museums and private collections.

Of law

Bench seat for four: A gang of four Sceggs.  Sceggs should not be confused with the homophonic skegs, a feature from shipbuilding.

In courts of the common law tradition the terms “bench” & “bar” date from the medieval age and remain part of courtroom terminology.  “The bench” was originally the seat on which judges at while presiding, the early furniture apparently a simple wooden bench as one would find at many long dining tables and in the manner typical of the way English evolves, “bench” came to be used of judges collectively and of the institution of the judiciary itself.  The “bar” was the physical barrier separating the spectators and participants of a trial from the area where the lawyers and judges conducted the proceedings, thus the “bar table” being that at which the advocates sat and the right to practice law before the bench being “passing the bar”, familiar in the modern US phrase “passing the bar exam” or the English form “called to the bar”.  As “bench” became a synecdoche for the judiciary, “bar” came to be used of the lawyers although in jurisdictions where there is a separation between those who appear in court (barristers) and those who do not (solicitors) “bar” was applied only to the former and even after reforms in some abolished the distinctions between certain branches of the law, specialist practitioners continue often to be referred to as the “equity bar” & “common law bar”.  There’s thus the apparent anomaly of the use of “bencher” (recorded in the 1580s) being used to mean “senior member of an inn of court”, all of whom would have been members of “the bar”.  Presumably the idea was one of “approaching the bench” or (more mischievously) “aspiring to the bench”.  The bench-warrant (one issued by a judge, as opposed to one issued by a magistrate or justice of the peace (JP) dates from the 1690s. 

An illuminated manuscript (circa 1460) which is the earliest known depiction of the Court of King's Bench in session.

In England, the Court of King’s Bench (KB) (or Queen’s Bench (QB) depending on who was on the throne) began in the twelfth century as a court at which the monarch literally presided; it was a circuit court which would, from time-to-time, travel around the counties hearing cases.  The Court of KB was thus in some sense “virtual”, whatever wooden bench upon which he sat becoming the KB for the duration of the trial.  Kings would cease to sit as judges and the KB later was interpolated into the system of courts (there would be many internecine squabbles over the years) until (as the Court of Queen’s Bench), under the Supreme Court of Judicature Act (1873), it, along with the Court of Common Pleas, the Court of Exchequer and Court of Chancery were merged to become the High Court of Justice, each of the absorbed institutions becoming a division.  The Common Pleas and Exchequer Division were abolished in 1880 when the High Court was re-organized into the Chancery Division, Queen's Bench Division and the Probate, Divorce and Admiralty Division (the latter memorably known as “wills, wives & wrecks” in legal slang).  The origin of the KB is a hint of why a king or queen can’t appear before a court in the UK or other places in which they remain head of state: Although it is in a practical sense now a legal fiction, all courts of law are “their courts” of which they remain the highest judge.  The most famous (or infamous) relic of all this is the power of pardon which although no longer a personal power in the hands of the king, remains exactly that for a US president and is the only head of power in the US constitution not subject to "checks & balances", a POTUS able to grant pardons by ex-officio fiat.  In that sense, the POTUS is the "chief magistrate" mentioned in the Federalist Papers (1788) although the authors used the term to distinguish a republic's president from European monarchs by stressing the execution of legal duties under the rule of law rather than sovereign privilege.  Not all presidents have been much troubled by that distinction. 

Benches afforced with foreign judges, the Chinese Communist Party and Hong Kong’s national security law

Multi-national benches are not uncommon.  There have been courts operating under the auspices of the LoN (League of Nations;1920-1946) & UN (United Nations; since 1945) such as the ICC (International Criminal Court), the ICJ (International Court of Justice) and the various ad-hoc bodies set up to handle prosecutions related to crimes in specific locations (Rwanda, the former Yugoslavia etc) and the UK had the JCPC (Judicial Committee of the Privy Council) which included senior judges from the Commonwealth.  The JCPC functioned not only as a final court of appeal for Commonwealth nations (a role for a handful it still fulfils) but also as the appellate tribunal for a number of domestic bodies including some ecclesiastical bodies, admiralty matters and even matters from the usually obscure DCRCVS (Disciplinary Committee of the Royal College of Veterinary Surgeons).  There were also the IMTs (International Military Tribunal) which tried matters arising from the conduct of German & Japanese defendants from World War II (1939-1945), the bench of the latter Tokyo Tribunal notably diverse although those of the subsequent dozen trials in Nuremberg after the first (1945-1946) were staffed exclusively by US judges.  A number of former colonies also use foreign judges (and not always from the former colonial power).

However, what remains unusual is the matter of the CCP (Chinese Communist Party) deciding to have foreign judges serve on The HKCFA (Hong Kong's Court of Final Appeal), established in 1997 when the HKSAR (Hong Kong Special Administrative Region) was created upon Beijing regaining sovereignty (under the IC2S (one country, two systems)) principle, with the end of British colonial rule.  At that point, the HKCFA became the territory’s highest judicial institution, replacing the JCPC in London.  On the HKCFA’s bench sits the Chief Justice (a Hong Kong national), several “Permanent Judges” and some two-dozen odd “Non-permanent Judges” who may be recruited from Hong Kong or from among lawyers of the requisite background from any overseas common law jurisdiction.  As non-permanent judges, appointments have been drawn (from bar & bench) from Canada, Australia, New Zealand and the UK.

Lindsay Lohan, foreign judge on the bench of The Masked Singer (2019), a singing competition, the Australian franchise of a format which began in the ROK (Republic of Korea (South Korea)) as King of Mask Singer.

While it may seem strange a developed country like the PRC (People’s Republic of China (the old "Red China"), the world’s second largest economy, a permanent member of the UNSC (UN Security Council) and since 1965 the final member of the original “Club of Five” declared nuclear powers) would have foreign judges sitting on the bench of one of its superior courts, on the mainland the PRC operates under a civil law system which, like the tradition in continental European, is based primarily on written statutes and codes (with ultimate effective control remaining with the CCP), unlike common law systems, which rely heavily on case law and judicial precedent.  As a British colony, Hong Kong had used common law and under that system had become a major regional and international presence, something in part due to its judicial system being perceived as fair and uncorrupted; it was a “rule of law” state.

In the PRC there simply wasn’t a body of judges or lawyers with the necessary background in common law to staff the territory’s highest appellate court and significantly, at the time of the handover from the Raj, Hong Kong was of great importance to the PRC’s economy and the CCP understood it would be critical to maintain confidence in the rule of law, investors and overseas corporations with a presence in Hong Kong needing to be assured matters such as contracts would continue as before to be enforceable.  So it was, literally, “business as usual”, whatever may have been the fears about the political undercurrent.  The growth of the mainland economy since 1997 has been such that the HKSAR now constitutes only a small fraction of the national economy but analysts (some of whom provide advice to the CCP) understand the linkages running through the territory remain highly useful for Beijing and some long-standing conduits are still used for back-channel communications about this and that.  As far as business is concerned, the operation of the legal system has remained mostly satisfactory, even though the CCP ensured Beijing retained a reserved power to overturn the HKCFA’s decisions, the "rule of the CCP" sometimes thought preferable to the implications of "rule of law".

The colonial era building where now sits the Hong Kong Court of Final Appeal.  Formally opened in 1912, it was built with granite in the neo-classical style and between 1985-2011 was the seat of the Legislative Council (LegCo).

However, in 2020, a “National Security Law” (technically the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and thus usually written in English as the “NSL”) was imposed.  While not aimed at the regulation of business or economic matters, it was wide in scope and claims of application (the extraterritoriality extending worldwide), essentially extending to the territory many of the laws of the mainland regarding “political activities” and matters of “free speech”, the latter interpreted by the CCP in a way not unique but certainly different from Western understandings.  Citing the “political situation”, two British judges in June 2024 resigned from the HKCFA, prompted by Beijing’s recent crackdown on dissent in the city, something made possible by the NSL.  In his published letter, one judge, his rationale for departure notwithstanding, did say he continued “…to have full confidence in the court and the total independence of its members.”  As early as 2020, one Australian judge had already resigned, followed by two others from the UK, both saying the Hong Kong government had “…departed from values of political freedom and freedom of expression.”  The CCP may have anticipated some objection from the overseas judges because, since the passage of the NSL, no overseas judge has been allocated to hear the “security-related” cases.  The judicial disquiet seemed not to trouble the territory’s chief executive, former police officer Ka-chiu (John Lee; b 1957) who said the overseas appointments would continue to help “…maintain confidence in the judicial system and… strong ties with other common law jurisdictions.”  In response to the departing judge’s comment, he claimed the NSL had “no effect” on judicial independence and the only difference was that “…national security is now better safeguarded.”

Early in June, the Hong Kong authorities arrested two men and one woman attending a FIFA (Fédération Internationale de Football Association (the International Federation of Association Football that, for historic reasons, recognizes more countries than the UN)) World Cup qualification match against Iran, their offence being “turning their backs to the pitch and not standing during the performance of the national anthem”, a police spokesman adding that anybody “…who publicly and intentionally insults the national anthem in any way in committing a crime.”  Before the NSL was imposed, bolshie Hongkongers were known to boo the anthem to express discontent with their rulers; that definitely will no longer be tolerated.  The match ended Iran 4: Hong Kong 2 but despite that, more than ever the HKSAR and the Islamic Republic have much in common.

Surplus

Surplus (pronounced sur-pluhs)

(1) Something that remains above what is used or needed.

(2) In agricultural economics, produce or a quantity of food grown by a nation or area in excess of its needs, especially such a quantity of food purchased and stored by a governmental program of guaranteeing farmers a specific price for certain crops.

(3) In accounting, the excess of assets over liabilities accumulated throughout the existence of a business, excepting assets against which stock certificates have been issued; excess of net worth over capital-stock value.

(4) In public finance, an excess of government revenues over expenditures during a certain financial year.

(5) In international trade, an excess of receipts over payments on the balance of payments.

(6) In economic theory, an unsold quantity of a good resulting from a lack of equilibrium in a market.  For example, if a price is artificially high, sellers will bring more goods to the market than buyers will be willing to buy.  In classical economics, the opposite of shortage.

(7) In Chancery law (and its successor courts), the remainder of a fund appropriated for a particular purpose.

1325–1375: From the Middle English surplus, from the Old French sorplus (remainder, extra), from the Medieval Latin superplūs (excess, surplus), the construct being super (over) + plūs (more).  The Italian surplus was a borrowing from modern French where surplus had existed since the twelfth century while in English, surplus has been used as an adjective since the fourteenth century.  Enjoying the same pronunciation, surplice and surplus are often confused.  A surplice is a liturgical vestment of the Christian Church, usually styled as a tunic of white linen or cotton material, with wide sleeves and often some lace embellishment or embroidered edges.  Lengths vary; in medieval times it reached almost to the ground but tends now to be shorter; some still retain the longer garments for the ceremonial.  As surplis, it was a thirteenth century Middle-English borrowing from the Anglo-French surpliz, a syncopated variant of Old French surpeliz, derived from the Medieval Latin superpellīcium (vestīmentum) over-pelt (garment), neuter of superpellīcius, the construct being super (over) + pellīt(us) (clothed with skins or fur) + -ius (the adjectival suffix).  A clerical surplice is thus a kind of frock; a clerical surplus means "too many priests".  Surplus is a noun, adjective & verb, surplusage is a noun and surplused & surplussing are verbs; the noun plural is surpluses or surplusses.

Surplus Repression

German-American Herbert Marcuse (1898–1979), a sociologist and philosopher, highly influential in the mid-late twentieth century.  Even today, Marcuse enjoys a cult following and remains a hate-figure for those on the right who trace the ills of Western civilization to the corrosive influence Marxist & neo-Marxists exerted on youth in the newly expanded universities in the 1960s & 1970s.

A critique of capitalism’s culture and economic arrangements, Marcuse's book Eros and Civilization (1955) drew, inter alia, from Karl Marx (1818-1883) and Sigmund Freud (1856-1939) and described an alternative structure for society.  He didn’t reject Freud’s idea that repression of man's instinctive desires was necessary for civilization to endure but Marcuse distinguished between basic (or necessary) repression and surplus repression, detailing the differences between the biological vicissitudes of the instincts and the socially imposed.  His construct was that basic repression was that which man suppresses to permit peaceful societies to form; repression or modification of the instincts being necessary “…for the perpetuation of the human race in civilization.”  Surplus repression meant those “…restrictions necessitated by [the] social domination” of the particular ruling-class or hegemony.  The purpose of surplus repression was to shape the instincts of individuals to conform to the requirements of modern capitalism, a surrender to what Marcuse called the “performance principle”, a construct building on Marx’s theories of alienation and surplus value.

Lindsay Lohan and her lawyer in court, Los Angeles, 2011.

Marcuse's writing did have the attraction of being more accessible than that of Marx or Freud (and certainly that of many neo-Marxists or Freudians) but that also meant it was easier for critics to cherry pick the points they found most objectionable.  For an explanation of why society need to be organized the way it was, conservatives seemed to prefer the rationalization of the "harsh but deliciously clever" English philosopher Thomas Hobbes (1588–1679) best known for his book Leviathan (1651) in which appeared the memorable passage describing the life of man in a world where there existed no restraining authorities forcing people to repress their worst instincts:

In such condition, there is no place for industry; because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving, and removing, such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.

Such a culture Hobbes called the "state of nature" by which he meant not an environmentally sustainable hippie commune but a place in which there was "bellum omnium contra omnes" (war of all against all) and murder went unpunished except by another murder.  Although the distinction is now an unfashionable one to draw, conservatives liked the way Hobbes seemed to know not all cultures were civilizations and that a little surplus repression was a small price to pay for for its benefits.  Hobbes lived through troubled times and his views on the importance of stable, strong governance should be understood as the writings of one who had seen what the alternative looks like but as a list of exculpatory bullet-points, his world view was one which could be ticked off by by the ayatollahs in Tehran or the CCP (Chinese Communist Party).  Marcuse is not so transportable.

Peace man: PotM (Playmate of the Month) Debbie Ellison (b 1949) on the cover of Playboy magazine, September 1970.  That year's PotY (Playmate of the Year) was Sharon Clark (b 1943).  With due respect to Ms Ellison, sometimes, it really may have been bought for the articles: Michael G Horowitz's profile of Marcuse was published in this edition.  The old curmudgeon of the left wouldn’t have had much sympathy for hippies and their piece sign because neither appeared to be doing much to bring on the revolution and was anyway once heard to remark: “Ach, women!  Useless in a revolutionary situation!”

Playboy titled the profile Portrait of the Marxist as an Old Trooper although the author (one of the philosopher's old students) preferred to call the piece a "personality snapshot" and it certainly had a different flavor than what would have been found in the activist press or journals of political science.  Years later, the author would concede some of his critique of Marcuse's work was misplaced and many of the old pessimist's predictions had (unfortunately) transpired.  That said, Marcuse seems never to have complained about the piece, unlike Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945) whose interview by Eric Norden, conducted over an apparently convivial ten days in the “richly furnished living room of his spacious home” in Heidelberg, was published in Playboy’s June 1971 edition.  Speer would later complain the piece had been “…restructured, with words and formulations entirely foreign to me.”  He did however conclude “…on the whole the interview as printed corresponds with my opinions…” by which he meant Nordon was yet another to accept an recycle his core position: “If I didn't see it [the Holocaust], then it was because I didn't want to see it.”  That was the so-called “Billigung defense” which Speer since 1945 had, in a masterful manner, used simultaneously to accept a collective guilt yet absolve himself of individuality responsibility.  Others no more guilty but less cunning had been hanged at Nuremberg and the Playboy interview was printed years before material was discovered in the German federal archives documenting his part in the persecution of Jews and the unearthing of private correspondence in which he admitted knowledge of the holocaust and its awful, chilling rationale.  As one of his biographers, Gitta Sereny (1921–2012), rightly pointed out in Albert Speer: His Battle with Truth (1995): “If Speer had said as much in Nuremberg, he would have been hanged.”

Marcuse’s work was acknowledged as a landmark in the synthetization of Marxist and psychoanalytic theories but was criticized for being just another of the "pointless utopian myths" written of since antiquity, work cut adrift from the moorings of the political reality which seemed in the 1960s more urgently to demand attention.  Marcuse acknowledged the distance of his work from reality and conceded his theories could reach actualization only by revolution or gradual infiltration of the structures of the power-elite and, after the disappointments of the moments in 1968 when revolution fleetingly was in the air, he preferred the latter.  German student activist Rudi Dutschke (1940–1979) had advocated a "…march through the institutions of power", radically to change society from within government and cultural institutions by becoming part of the machinery and structures under which capitalism operated.  This too owed a debt to the theories of hegemony and Marcuse wrote to Dutschke in 1971 saying he “regarded your notion of the "march through the institutions" as the only effective way.”  It all failed.  It was the highly unusual coincidence of political, economic & demographic circumstances in the post war (1948-1973) Western world which briefly in 1968 made the system seem internally vulnerable and the hegemony learned the lesson: they would control who manned the institutions that matter and the trouble-makers could march through things like theatre trusts, literary festivals and art gallery committees.

Exquisite

Exquisite (pronounced ek-skwi-zit or ik-skwiz-it)

(1) Of special beauty or charm, or rare and appealing excellence and often associated with objects or great delicacy; of rare excellence of production or execution, as works of art or workmanship; beautiful, delicate, discriminating, perfect.

(2) Extraordinarily fine or admirable; consummate.

(3) Intense; acute, or keen, as pleasure or pain; keenly or delicately sensitive or responsive; exceeding; extreme; in a bad or a good sense (eg as exquisite pleasure or exquisite pain).

(4) Recherché; far-fetched; abstruse (a now rare early meaning which to some extent survives in surrealist’s exercise “exquisite corpse”).

(5) Of particular refinement or elegance, as taste, manners, etc or persons.

(6) A man excessively concerned about clothes, grooming etc; a dandy or coxcomb.

(7) Ingeniously devised or thought out (obsolete).

(8) Carefully adjusted; precise; accurate; exact (now less common except as an adverb.

(9) Of delicate perception or close and accurate discrimination; not easy to satisfy; exact; fastidious (related to the sense of “exquisite judgment, taste, or discernment”.

1400–1450: From the Late Middle English exquisite (carefully selected), from the Latin exquīsītus (excellent; meticulous, chosen with care (and literally “carefully sought out”)), perfect passive participle of exquīrō (to seek out), originally the past participle of exquīrere (to ask about, examine) the construct being ex- + -quīrere, a combining form of quaerere (to seek). The construct of exquīrō was ex- +‎ quaerō (seek).  The ex- prefix was applied to words in Middle English borrowed from the Middle French and was derived from the Latin ex- (out of, from) and was from the primitive Indo-European eǵ- & eǵs-.  It was cognate with the Ancient Greek ἐξ (ex-, out of, from) from the Transalpine Gaulish ex- (out), the Old Irish ess- (out), the Old Church Slavonic изъ (izŭ) (out), the Russian из (iz) (from, out of).  Exquisite is a noun & adjective, exquisiteness & exquisitiveness are nouns and exquisitively & exquisitely are adverbs; the noun plural is exquisites.

1972 Lancia Fulvia 1600 HF Series II.  

Everything about the Lancia Fulvia (1965-1976) appeared exquisitely delicate but the little machine was tough and was for half-a-decade a dominant force in international rallying.  A Lancia legend is that when the hood was opened on one of the first to reach the US, a mechanic, brought up on a diet of hefty V8s, upon seeing the tiny, 1.2 litre (75 cubic inch) narrow-angle V4 is said to have remarked: “Don’t ask me, take it to a jeweler.”

The etymology of the Latin quaerō (seek) is mysterious.  It may be from the Proto-Italic kwaizeō, from the primitive Indo-European kweh (to acquire) so cognates may include the Ancient Greek πέπαμαι (pépamai) (to get, acquire), the Old Prussian quoi (I/you want) & quāits (desire), the Lithuanian kviẽsti (to invite) and possibly the Albanian kam (I have).  Some have suggested the source being the primitive Indo-European kwoys & kweys (to see) but there has been little support for this.  The authoritative Lexikon der indogermanischen Verben (Lexicon of the Indo-European Verbs (LIV)), the standard etymological dictionary of the Proto-Indo-European languages, suggests it’s a derivation of hzeys (to seek, ask), via the form koaiseo.  "Exquisite corpse" is a calque of the French cadavre exquis (literally “exquisite cadaver”).  Dating from 1925, it was coined by French surrealists to describe a method of loosely structured constructivism on the model of the parlour game consequences; fragments of text (or images) are created by different people according to pre-set rules, then joined together to create a complete text.  The name comes from the first instance in 1925: Le cadavre exquis boira le vin nouveau (The exquisite corpse will drink new wine).  Exquisite corpse is noted as a precursor to both post-modernism and deconstructionist techniques.

Although not infrequently it appears in the same sentence as the word “unique”, exquisite can be more nuanced, the comparative “more exquisite, the superlative most exquisite” and there has certainly been a change in the pattern of use.  In English, it originally was applied to any thing (good or bad, art or torture, diseases or good health), brought to a highly wrought condition, tending among the more puritanical to disapprobation.  The common modern meaning (of consummate and delightful excellence) dates from the late 1570s while the noun (a dandy, a foppish man) seems first to have been used in 1819.  One interesting variant which didn’t survive was exquisitous (not natural, but procured by art), appearing in dictionaries in the early eighteenth centuries but not since.  The pronunciation of exquisite has undergone a rapid change from ek-skwi-zit to ik-skwiz-it, the stress shifting to the second syllable.  The newer pronunciation attracted the inevitable criticism but is now the most common form on both sides of the Atlantic and use seems not differentiated by class. 

The exquisite wimp: Baldur Benedikt von Schirach

Exquisite is used almost exclusively as an adjective, applied typically to objects or performances but it’s also a noun, albeit one always rare.  As a noun it was used to describe men who inhabited that grey area of being well dressed, well coiffured, well mannered and somewhat effeminate without being obviously homosexual; it was a way of hinting at something without descending to the explicit.  PG Wodehouse (1881-1975) applied it thus in Sam the Sudden (1925) and historians Ann (1938-2021) & John Tusa (b 1936) in The Nuremberg Trial (1983) found no better noun to apply to former Hitler Youth Leader Baldur von Schirach, noting (as did his many enemies in the party) his feminine tastes in furnishings and propensity to pen poor poetry.  The companion word to describe a similar chap without of necessity the same hint of effeminacy is “aesthete”.  In The Anatomy of the Nuremberg Trials: A Personal Memoir (1992), Brigadier General Telford Taylor (1908–1998; lead US counsel at the Nuremberg Trial) wrote of him that: “at thirty-nine, was the youngest and, except perhaps for Joachim von Ribbentrop (1893–1946; Nazi foreign minister 1938-1945) and Hans Fritzsche (1900–1953; Nazi propagandist), the weakest of the defendants.  If wimps had then been spoken of, Schirach would have been so styled.”

Nazi poetry circle on the terrace at the Berghof on the Obersalzberg.

Left to right: Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945), Martin Bormann (1900–1945), Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945), and Baldur von Schirach (1907-1974; head of the Hitlerjugend (Hitler Youth) 1931-1940 & Gauleiter (district party leader) and Reichsstatthalter (Governor) of Vienna (1940-1945)), Berchtesgaden, Bavaria, Germany, 1936.  Of much, the other three were guilty as sin and would (at the last possible moment) commit suicide but von Schirach would survive to die in his bed at 67.  There seems no record to confirm if that bed was in a “a snow white bedroom with delicate lace curtains” as the rougher types in the Nazi Party had once derided him for having.

Airey Neave (1916–1979) was the British military lawyer who served the indictments on the defendants at Nuremberg and in On Trial at Nuremberg (1978) he recalled the experience, cell by cell.  His first impression of von Schirach was that his appearance was “…bi-sexual and soft with thé dansant eyes [thé dansant was a dance held while afternoon tea was served and in idiomatic use “thé dansant eyes” suggested the coquettish fluttering of the lashes a flirtatious young lady might deploy]”, adding “He looked a man who might be dangerous to small boys.  At a second glance, I imagined him beneath the palms at Cannes in co-respondent shoes.”  In this context, Neave used “co-respondent” in the sense of the man cited in divorce proceedings as the one who slept with the adulterous wife and a “co-respondent shoes (or car, suit, tie etc)” were distinguished by flashiness rather than quality.

Von Schirach went on trial before the IMT (International Military Tribunal) in the first Nuremberg trial (1945-1946), an event the author Rebecca West (1892–1983) attended in her capacity as a journalist and among her impressions she wrote of him, admitting she was at first “startled” because “…he was like a woman in a way not common among men who look like women.  It was as if a neat and mousy governess sat there, not pretty but with never a hair out of place, and always to be trusted never to intrude when there were visitors: as it might be Jane Eyre.”  Although indicted also under Count 1 (conspiracy to commit crimes against peace), for his role as head (1931-1940) of the Hitlerjugend (Hitler Youth), von Schirach was convicted only under Count 4 (crimes against humanity) for his part in deporting Viennese Jews to the death camps while Gauleiter and Reichsstatthalter of Vienna.  Cunningly, and not without ostentation, he admitted some guilt for his role in “corrupting German youth” although by that he meant the political indoctrination to which he subjected them, rather than conduct many in the Nazi party liked to hint he enjoyed with the boys under his command; however defined, it’s certain he corrupted more youth than Socrates (circa 470–399 BC).  Applying common law principles, the IMT found his actions as head of the Hitlerjugend didn’t reach the threshold of “conspiracy” and thus acquitted him on Count 1, his 20 year sentence handed down for his conduct in Vienna.  The preparation for the trial had been rushed and had subsequently discovered evidence against him been presented at the trial, doubtlessly and deservedly he’d have been hanged.  Had that sentence been imposed, whether like Göring he’d have followed Socrates and taken hemlock will never be known.

Exquisite: A style guide

Lindsay Lohan in a Gucci Porcelain Garden Print Silk Gown with an all-over Dutch toile in blue and white, high ruffled collar and bib, flared sleeves, pussy bow and a blue and red patent leather belt around a high waist, Savoy Hotel, London, June 2017.

The gown was said to have a recommended retail price (RRP) of Stg£4,040 (US$7300).  The occasion was the launch of the charitable organization One Family, dedicated to combating child trafficking.  While there was a fussiness about the detailing, the quality of the construction was obvious and successfully to use, at this scale, a pattern of this intricacy is not easy and demands a skilled eye.  On the move, it swished around nicely and although the whims of critics can be hard to predict, on the night, most seemed to like this and it was a perhaps welcome relief from the expanses of skin of the "naked dress" movement, then beginning to dominate red carpets.

Designers find inspiration where it's found: Four dinner plates from Wedgewood's Enoch "Countryside Blue" collection, circa 1967.

Within the one critique, the word exquisite can appear, used as a neutral descriptor (an expression of extent), a paean to beauty and even an ironic dismissal.  A gown for example can be “exquisitely detailed” but that doesn’t of necessity imply elegance although that would be the case of something said to be an “exquisite design”.  That said, most were drawn to the Lindsay Lohan's Gucci gown in some way, the references to Jane Austen (1775–1817) many (although historians of fashion might note Gucci’s creation as something evocative more of recent films made of Ms Austen's novels than anything representative of what was worn in her era) and the fabric’s patterning & restraint in the use of color produced a dreamily romantic look.