Youth

Youth (pronounced yooth)

(1) The state (imprecisely defined) of being young.

(2) The appearance, freshness, vigor, spirit etc, characteristic of one who is young (usually as youthful or youthfulness).

(3) The time of being young; early life (figuratively applied also to institutions, ideas, movements etc to describe the first or early period.)

(4) The period of life from puberty to the attainment of full growth (nominal adulthood), sometimes used as a (vague) synonym for adolescence.

(5) Young persons, collectively.

(6) A young person, by convention usually male (which some etymologists suggest is the only correct use).

(7) As a locality name, the Isle of Youth (Isla de la Juventud in the Spanish and formerly the Isle of Pines), an island in the Caribbean, a municipality in southern Cuba.

Pre 900: From the Middle English youthe, youghte & ȝouþe, from the Old English geoguth or ġeoguþ (the state of being young; young people, junior warriors; young of cattle (and related to geong (young)), from the Proto-West Germanic juwunþa, from the Proto-Germanic jugunþō & jugunþiz (youth) and related to the Old Saxon juguth, the Old Frisian jogethe, the Middle Dutch joghet, the Old High German iugund, the Gothic junda and the Latin juventus.  It was cognate with the Saterland Frisian Juugd, the Gothic junda, the German Low German Jöögd, the West Frisian jeugd, the Dutch jeugd and the German Jugend.  The ultimate source of the Germanic forms was a suffixed form of the primitive Indo-European root yeu- (vital force, youthful vigor) + the Proto-Germanic abstract noun suffix –itho.  According to the Oxford English Dictionary (OED), the Proto-Germanic form apparently was altered from juwunthiz by the influence of its contrast dugunthiz (ability (source of the Old English duguð)).  In Middle English, the medial “g” became a yogh (a Middle English letter (ȝ) used mainly where modern English has gh and y), which then disappeared.  The alternative forms yought & youthe are obsolete.  The Middle English youthhede (youthhood, the synonyms being yonghede, yongthe & youthe) was an example of an early nuancing as it described the part of life which followed childhood and is thus the equivalent of the modern adolescence although it’s clear it was also used of youth generally.  Youth, youthism & youthfulness are nouns, youthy is a noun & adjective (both obsolete), youthwards is an adverb and youthful & youthless are adjectives; the noun plural is youths (collectively as youth).

Synonyms are easy to list but harder to use like youth, the meanings tend to be loaded, some working in some contexts but not others and the list includes: juvenility, youngness & youngth (both archaic), youthfulness, immaturity, minority, adolescence, child, childish, kid, lad, teen, teen-ager, youngster, young  minority, immaturity & stripling.  The classic antonym is adulthood but in some contexts old-age, senility and dotage (the one favoured by Kim Jong-un (Kim III, b 1982; Supreme Leader of DPRK (North Korea) since 2011) to disparage Donald Trump (b 1946; US president 2017-2021) before they fell in love) may be applied.

Lindsay Lohan as an 11 year old youth and at a youthful 36.

The adjective youthful dates from the 1560s and much earlier, Old English had geoguðlic and other words formerly used in the same sense were youthlike, youthly, youthsome & youthy.  Yippie was first reported in 1968 and was the “marketing” name of the (not wholly fictitious) "Youth International Party" (modelled on the then commonly used “hippie”), “founded” by counter culturalists Abbie Hoffman (1936–1989), Jerry Rubin (1938–1994), Nancy Kurshan (b 1944) & Paul Krassner (1932–2019).  Youth can be a modifier (youth culture, youth crime, youth worker, youth hostel, youth market, youth justice et al) and be modified (middle youth, troubled youth) while “youthism” (discrimination against the young) is the companion term to ageism (discrimination against the old) although the former is, at law, not an inherently “suspect category” in most systems where the appropriate framework exists; that’s why five year olds can’t sue for the right to hold drivers licences although if someone that youthful in somewhere like Florida or Texas petitioned the US Supreme Court for the right to carry an AR-15, given the composition of the bench, it’s far from certain there wouldn’t be at least a few dissenting opinions supporting his or her right and as a piece of black letter law, under current interpretations, it could be argued a five year old with an AR-15 wouldn’t be any less representative of a “well-regulated militia” than anyone else who now enjoys the right.

Ever inventive, English has coined new derivations as required, the spread encouraged by the emergence of social media.  A “youthemism” is a particular form of euphemism, describing the phrases and photographs used in advertising to make older individuals feel a little young younger; youthemisms appear in the slogans and marketing campaigns for everything from pairs of jeans to “mid life crisis” motor cycles.  Also from advertising (sometime seeking votes as well as sales) is “youthenize” which describes making someone or something more appealing to a younger market; as a transitive verb it can be used to mean “to make youthful or younger; to rejuvenate”.  By obvious analogy with earthquake, “youthquake” seems first to have appeared in Vogue magazine in 1965 and was a reference to the cultural changes being wrought by the youthful baby boomers who were (uniquely in history) both in a critical mass and an economic force by virtue of their unprecedented (for youth) levels of disposable income.  The phrase “fountain of youth” is an allusion to some of the tales from antiquity and is used to refer to any product, exercise regime or other activity which promises to restore or prolong youthfulness.  The non-standard spelling “yoof” is a colloquialism from England which first gained currency during the 1980s, often as “yoof kulture” and in Thatcher-era England was a way of disparaging the behaviour and sloppy language standards among the young.  Like other words intended to offend, there were sub-cultures which adopted yoof as a form of group identity and solidarity, use prevalent among the then emerging “ravers” and the “acid house” scene.

Hitler Youth & Band of German Maidens members on camp together, circa 1937. Sometimes, the boys & girls got to know one another.

The German form jugend became notorious because during the Third Reich (1933-1945) the Hitlerjugend (Hitler Youth, 1926-1945 and abbreviated as HJ) was the Nazi Party organization for boys (10-18), intended to instil a sense of nationalism, prevent any from drifting towards delinquency and, more controversially, prepare them for military training proper.  The Bund Deutscher Mädel (Band of German Maidens) was the girls' wing of the Hitlerjugend and, abbreviated as BDM, its purpose was to prepare girls for their traditional role of motherhood.  Perhaps unfortunately, some mixed activities such as the HJ and the BDM going on camps together resulted in much practical preparation for motherhood, revelations of this promiscuity leading Germans to conclude BDM might be better understood as Bund Deutscher Matratzen (Band of German Mattresses).

The word youth has long been applied to the young of both sexes (and now of all genders) but there was (especially among classists) an argument that while anyone could be youthful or possess the quality of youthfulness, only a young male could be described as a youth.  That was skating on etymologically thin ice although it does seem likely the view did reflect the conventions of use in earlier centuries and that was another example of the reverence for antiquity which so flourished in the post medieval-period.  Those who translated the myths from Rome and Greece of course wrote often of the beautiful boys and young men who litter the tales but the girls and women were never youths; they were nymphs, waifs, pixies, sprites, fairies or naiads and this tradition infected academia, more than one professor insisting a youth could be only male.

But now it’s used of anyone young though context still matters.  In clinical medicine for example there are two distinct fields: paediatric medicine and adolescent medicine, puberty the point of delineation.  As a technical distinction in hospitals that’s uncontroversial but other words within the rubric of youthfulness can carry baggage, juvenile for example being innocuous when used in zoology to describe the young of a species but potentially incendiary when applied to people, such remains the influence of the phrase “juvenile delinquency”, popular since the 1960s whenever there’s a need to create a moral panic about the behaviour of youth (complaints about which by older generations have been documented since Antiquity).  Adolescent too has suffered because of phrases like “adolescent humor”, “adolescent behavior” etc which rarely suggest anything positive.

Teenage fencing.

Then of course there is teen-age which true pedants will always distinguish from teenage (pronounced teen-ige) which is a technical herm of fence-builders to describe a technique of weaving which interleaves brushwood to produce a type of fencing called wattle, the weave effected usually horizontally around vertical uprights planted in the ground.  The use to refer to those aged 13-19 dates from 1911 and was used originally of Sunday school classes with the adjective teen-aged first noted 1922 although it wasn’t until the 1950s that an identifiable “teen-age culture” could be said to exist, something of which many (then and now) disapproved but modern capitalism, generally neutral on low-intensity cultural squabbles, identified a new market and in music, clothing, film and just about every aspect of pop-culture, teens have since been a valuable segment, spending either other people’s money (OPM) or their own.  Being teen-aged of course stops with one’s 20^th birthday but youth for some time persists although there’s no general agreement for how long.  A helpful guide though may be the criterion enforced by New Zealand-based tour operator Contiki Tours, long renowned for their innovative model of alcohol-fueled packaged tourism for amorous youth although it seems they now also cater for those who drink rather less enthusiastically than the average Antipodean.  Contiki restrict their tours to those aged 18-35, presumably because at 18 sex is lawful in all countries visited and 35 is the upper limit at which it's (in some cases) plausible for men to hook-up with 18 year old women.  The days when a 21^st birthday was of legal significance have gone but there’s a wide range of ages which (somewhat arbitrarily) are used to at least imply a suggestion of adulthood including matters of sexuality activity (generally 14-18 depending on jurisdiction), obtaining a drivers licence (14-23), voting (15-20), consuming alcohol (5 (with parental supervision) –20), being responsible for criminal acts (8-14) or becoming President of the United States (35).  Lindsay Lohan, having thus attained the statutory age of political adulthood on 2 July 2021, may now seek to become POTUS; that would MAGA.

A montage of images of a teen-aged Lindsay Lohan.  

Legal rights and responsibilities however really don’t define the end of youth because it’s a cultural construct and probably most would accept 25 or even 29 as the end although of course many even beyond this can remain “youthful” and the distinction between someone thought a “youth” or a “young adult” is likely more a judgment of the individual than anything much to do with their age and in casual use, youth, inherently a relative term, can also be applied to the middle aged.  When it was noticed during the first Nuremberg Trial (1945-1946) that certain defendants were being influenced during the communal lunches by the most recalcitrant of the Nazis, it was decided to serve the meals to a number of separate tables and the one allocated to Walther Funk (then aged 56), Hans Fritzsche (46), Albert Speer (41) & Baldur von Schirach (38) was referred to by jailers and prisoners alike as der Tischjugend (the youth table), the average age of the diners at the other tables much older.  The troublemaker who was the reason the seating plans were changed was Hermann Göring (52) who was put in a room to eat alone which he did, most unhappy at being denied his audience.

Succedaneum

Succedaneum (pronounced suhk-si-dey-nee-uhm)

(1) Something used as a substitute, especially any medical drug or agent that may be taken or prescribed in place of another (obsolete).

(2) One who takes the place of another.

1635–1645: From the New Latin succēdāneum, a noun use of the neuter singular of the Classical Latin succēdāneus (succeeding, following after; acting as substitute), the construct being suc(cēdō) (succeed, follow) +‎ -āneus (the composite adjectival suffix).  The notion of a succedaneum exists in many contexts and there are descriptions which are exactly synonymous and some which are merely similar or functionally overlap to some extent surrogate, backup, understudy, replacement, stand-in, locum, alternate, deputy, expediency, proxy, stopgap, body-double, sub, makeshift, fill-in, delegate, temporary, assistant, nominee, replica, successor and substitute.  Succedaneum is a noun and succedaneous is an adjective, the noun plural is succedanea.

Lindsay Lohan body-doubles: The Parent Trap (1998) (left) and Irish Wish (2023 (right).

The understudy is a term from the performing arts (theatre, ballet, opera et al) and describes someone who rehearses a part and is available to perform if the designated character becomes unavailable (illness, injury, tantrum, death etc).  In some cases an understudy may become a replacement if a temporary substitution becomes permanent.  A backup is essentially the same concept as an understudy but is used more generally.  Locum was a seventeenth century adoption of the Medieval Latin locum tenens (literally “one holding a place”) and has evolved as a class-based description of “a temporary replacement”, being by convention restricted to the professions (doctors, dentists, lawyers, vets etc (and for historic reasons the clergy)) whereas a replacement plumber is simply a replacement.  A body-double is used in film & television production to take the place of an actor for a variety of reasons (dangerous stunt work, scheduling conflicts, nudity scenes etc).  Alternates are usually those appointed to some sort of deliberative body, typically a judge appointed to some sort of enquiry or tribunal expected to last a long time, the idea being that in the case the primary judge becomes unavailable (illness, injury, tantrum, death etc), the matter may proceed without interruption.  In this context a nominee is someone nominated to fulfill some role which is for whatever reason (ex-officio, inheritance etc) in the gift of the nominator.  A proxy is particular example of a nominee who is authorized to exercise some right (usually a vote or votes) on behalf of the nominator.  A stopgap or makeshift is a description of something or someone temporarily substituted until a permanent arrangement is made. A delegate is an appointment made to exercise authority held by another but also carries the special value in that the extent of the delegation can be split.  In granting authority to a delegate, the delegated authority can be restricted to a single instance with all other matters reserved for the delegator.  In many cases a deputy or assistant will be able to exercise all or some of the authority held by the higher office but there are no set rules and things will vary from place to place.  As successor is simply a replacement and such situations the word substitute usually isn’t applied.

The issue of the appropriateness of the notion of succedaneum in legal proceedings was explored in the hearings of the International Military Tribunal (IMT) during the first trial of the leading Nazis at Nuremberg (1945-1946).  The first matter considered was whether others could be substituted if a preferred defendant wasn’t available for trial (ie they were dead or missing).  Because of the teleological nature of the trial insisted on by the Americans (who were providing the bulk of the resources and paying most of the bills) which was best served by a thematic approach to the choice of defendants, at least one representative of each defined area of interest was needed.  In the case of the army and navy that was simple because senior officers were to hand and the matter of the air force was fudged by indicting Hermann Göring (1893–1946; leading Nazi 1922-1945 and Reichsmarschall 1940-1945) although his role as notional head of the Luftwaffe’s and indeed its role in the war received very little attention during the trial; given the Allies carpet bombing campaign had laid waste to German cities which indisputably were treated as civilian targets, it wasn’t something on which the prosecution wished to dwell although the opening address did include the admission the Germans not alone in reducing European cities to rubble and that “… the ruin that lies from the Rhine to the Danube shows that we have not been dull pupils”.  Despite that prosecutorial gesture however, it was make clear to counsel the defense of tu quoque (best translated as “you did it too” (literally “and you also”)) would not be permitted.

The defendants in the dock listening to Kaltenbrunner’s cross-examination, Nuremberg, 1946.

Dead or missing however were three of the most notorious figures from the security apparatus: Heinrich ("Gestapo") Müller (1900-1945 (presumed); head of the Gestapo 1939-1945), Reinhard Heydrich (1904–1942; head of the Reich Security Main Office 1939-1942) and Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945).  However it was unthinkable a trial of the Nazis could be conducted without the Gestapo and the SS being represented so Ernst Kaltenbrunner (1903–1946; head of the Reich Security Main Office 1943-1945) was substituted and it proved a wise choice because of all the defendants, he was the one with absolutely no defense, his guilt established beyond any doubt by the wealth of documents signed in his own hand (his cross-examination a remarkably brief 2½ days).  He was a trained lawyer and simply denied everything although given the evidence his protests didn’t convince even the others in the dock.  He also wasn’t happy about the use of succedaneum, saying more than once he was not prepared “…to be an ersatz for Himmler” although that did him no good and he was condemned to hang.

Dead too was Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) but the trial was not simply about the armed conflict which was fought between 1939-1945; the Americans in particular wanted the trial to be a platform to explore the role of propaganda in totalitarian societies and the way it was exploited by the Nazis in the 1930s.  Goebbels however had been a dominant figure in propaganda and the only official from the ministry of any status who could be found was Hans Fritzsche (1900–1953) who while not exactly “the newsreader” some claimed, was not someone ever concerned with matters of high-policy and he was available for the trial only because, in the haphazard ways things happened at the end of the war, he’d fallen into the hands of the Russians.  Certainly, his voice was well-known to Germans but nobody on the British or US prosecution teams had heard of him and, perhaps more tellingly, neither had some of his fellow defendants.  Despite this unpromising background however, a case was prepared but compared with the mass-murderers and plunderers which whom he shared the dock, the tribunal wasn’t convinced he could be convicted of war crimes or crimes against humanity and ordered his acquittal.  Unlike the substituted Kaltenbrunner who was guilty as sin of horrific crimes, Fritzsche seemed little more than a clerk, guilty of something but not war crimes.  Arrested shortly afterwards by the German authorities, he was convicted as a “major offender” by a denazification court and sentenced to nine years imprisonment.  In the early Cold War however, attitudes were shifting and like many others, he was soon released.

Courtroom during the Krupp trial, Nuremberg, 1947.

By far the most troubling act of (attempted) succedaneum was that of Alfried Krupp (1907–1967).  Krupp was an industrialist and had been head of the Krupp concern (steel works and related production) which was a major supplier of weapons and other materiel to the Nazi war machine, much of it produced using slave labor under appalling conditions.  It was important to ensure a representative of industry be included in the trial and no operation was more dominant in the Nazi economy than Krupps.  In one of those curious mistakes which just can’t be fixed, although it had been intended to indict Alfried Krupp, at some point in the process, a filing error or something happened and instead his father Gustav Krupp (1870–1950) was listed.  The father had actually been “retired” to the titular position of Chairman because of physical and mental incapacity and the error wasn’t noticed until it was too late and the indictment had been issued.  Were it in any other context, an apology could have been made and the paperwork amended but “substitution” in criminal law is a special case and no civilized legal system permits it.  The court had already been made aware that the elder Krupp was physically and mentally not fit to attend a trial which prompted the suggestion he might be tried in absentia but this the tribunal declined.  The prosecution’s alternative plan was therefore to “add” the name of the son to the indictment but this appalled the tribunal even more because it was so obviously as substitution.  By now it was too late to run the argument that the “addition” was simply to correct the earlier filing error and the trial proceeded without either Krupp.

At things turned out, the mistake merely delayed things.  At the time, it wasn’t certain there would be subsequent trials but the success of the main trial encouraged the prosecutors and twelve hearings (referred to usually as the "Subsequent Nuremberg Trials") were conducted including three concerned with the crimes committed in the course of industrial production (Krupp, Flick & IG Farben).  After the trial (1947-1948), Alfried Krupp received a twelve year sentence and the forfeiture of property although he served only a few years before the sentence was commuted.

Billigung

Billigung (pronounced bill-a-ghin)

(1) To approve.

(2) To acquiesce.

(3) Tacitly to accept; not to oppose.

(4) "Looking the other way" from something one would not wish to admit knowledge of; a means of creating a defense of plausible deniability; a self-denial of knowledge.

1300s: A Modern German form from the Old High German billīh (appropriate), from the Proto-Germanic biliz (merciful, kind, decent, fair), the variant being Billigung (approval; acceptance), the construct being billig(en) +‎ -ung (from the Middle High German -ung & -unge, from the Old High German -unga, from the Proto-Germanic -ungō; it was used to forms nouns from verbs, usually describing either an event in which an action is carried out, or the result of that action).  The third-person singular & simple present tense is billigt, the past tense is billigte, the past participle is gebilligt and the auxiliary haben.  In German, bein a noun there's always an initial capital but when used in English as a general descriptor (sepecially in a legal context), it usually all in lower-case.  Billigung is a noun and in German, there's no plural form although in English-language texts it might appear as "billigungs" for the sake of clarity. 

When wishing not to know, look the other way

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Reich Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.

Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.

Looking the other way.

In what he described as a “...leadership failure...", former Australian cricket captain Steve Smith (b 1989) has admitted he "didn't want to know about it" when he became aware “something” was being planned after seeing team mates in a dressing room discussion.  Their talks he witnessed were about ball-tampering, a form of cheating which came to be known as sandpapergate.  Billigung is one of those useful German creations (zeitgeist, schadenfreude et al) which in one word conveys what might in English take a dozen or more.  Operating somewhere on the spectrum of plausible deniability, Billigung is where someone hears of or perhaps “senses” something of which they’d prefer there be no admissible evidence of their knowledge; they “look the other way”.

Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

For some, Billigung might have come to mind when pondering the recording of a telephone call between then New South Wales (Australia) Premier Gladys Berejiklian and Daryl Maguire, another member of the same parliament with whom she was in an intimate relationship, a man forced to resign as an MP as a result of an (ongoing)  investigation by the NSW Independent Commission against Corruption (ICAC) for allegedly using his political influence in business activities.  Of interest was the premier’s use of the phrase "I don't need to know about that bit" when the former member began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of her then lover.  The words used by the then premier: "I don't need to know about that bit" may be compared with how Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.     

At the time the recording was made public, the former premier denied any wrongdoing beyond having appalling taste in men.  Apart from the men in her life (and not a few women would ruefully admit to having "had a Daryl"), she probably was unlucky.  Billigung has long been a part of that essential tactic of political survival: "plausible deniability".  Actually, as practiced these days, because standards of accountability seem to have declined a bit, denials needs no longer be plausible, just not actually disproven by a publicly available audio tape or film clip.  Others, beyond NSW, might be taking interest, especially those south of the border intimately involved in party machines who, apparently for decades, didn't notice certain things going on around them.     

On 1 October 2021, the NSW ICAC announced certain investigations into the former premier's conduct in office.  Specifically, ICAC is focusing on the period between 2012-2018 and her her involvement in the circumstances in which public money was given to a shooting club and a conservatorium of music and whether that conduct was “...liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire”.  The ICAC will explore whether the conduct constituted a “breach of public trust” by placing the former premier in a position where a conflict of interest existed between her public duties and private interests “...as a person who was in a personal relationship” with Mr Maguire.  The commission will also investigate whether she failed to report what could be defined as reasonable suspicions that “...concerned or may concern corrupt conduct in relation to the conduct of Mr Maguire”.  As a point of law, the ICAC is concerned with actual substantive conduct and conflicts of interest.  It is not the test of "apprehended bias" applied to the judiciary where judgements can be set aside if a court finds there could have been a "reasonable perception" of bias or conflict of interest in some way involving a judge.  To the ICAC, any degree of perception, reasonable or not, is not relevant, their findings must be based on actual conduct.

On 1 October 2021, Berejiklian announced her resignation from both the premiership and the legislative assembly.  There are critics of the NSW ICAC who oppose the public hearings and feel its rules permit an exercise of powers rather too much like the Court of Star Chamber which they say it too closely resembles.  However, the former premier can reflect that unlike the IMT at Nuremberg, neither the Star Chamber nor the ICAC were vested with capital jurisdiction so there’s that.

Dieselgate and implausible deniability

Former Audi CEO Rupert Stadler (b 1963, right) with his lawyers Ulrike Thole-Groll (left) & Thilo Pfordte (centre) during his trial, Munich District Court, May 2023.

The billigung defense is still heard in German courts and if not always exculpatory, lawyers still appreciate its effectiveness in mitigation.  Rupert Stadler began his career with Audi AG (a subsidiary of the Volkswagen Group) in 1990 and between 2010-2018 was Audi’s Chief Executive Officer (CEO).  The scandal which came to be known as “dieselgate” involved companies in the Volkswagen group (and others) installing “cheat” software in diesel-powered vehicles so excessive exhaust emissions wouldn’t be detected during official testing and, after years of obfuscation, Volkswagen in 2015 admitted that was what exactly they’d done.  Civil and criminal proceedings in a number of jurisdictions ensued and thus far the fines alone have cost the group well over €34 million.  There have also been jail sentences imposed, something which presumably would have been in Herr Stadler’s thoughts when, in March 2018, Munich prosecutors named him as a suspect in their investigations.  A week later, he was arrested and held in an Augsburg prison, apparently as a precautionary move because it was claimed he was tampering with evidence by making a telephone call in which he suggested putting a witness “on leave”.  After a month, he was released on bail, subject to certain conditions.

In September 2020, Herr Stadler’s trial on charges of fraud began and for years (proceedings now take rather longer than in 1945-1946) he denied all wrongdoing until, in May 2023, he accepted a plea deal offered by Judge Stefan Weickert which would require him to admit guilt.  To date, he’s the highest-ranking executive to confess, tempted apparently by (1) the preponderance of evidence before the court which made it clear he was guilty as sin and (2) the deal limiting his punishment to a €1.1 million fine and a suspended sentence which would not see him jailed, an attractive alternative to the long term of imprisonment he otherwise faced upon conviction.  As confessions go however, it was among the more nuanced.  His lawyer read a statement saying the defendant (1) did not know that vehicles had been manipulated and buyers had been harmed, but (2) he acknowledged it was a possibility and accepted that, adding that in his case (3) there was a need for more care.  A classic piece of billigung, was the line (4) “I didn't know, but I recognized it as possible and accepted that the properties of diesel engines might not meet legal approval requirements” while the statement (5) “I have to admit the allegations overall” had an echo of Speer’s admission of “a general responsibility” while denying personal guilt.  Still, it must have conformed with the terms of the plea bargain because it was accepted by the judge.  His lawyer read the statement, apparently because he couldn’t bring himself personally to utter it but when asked by the judge if the words were his own, Herr Stadler replied (5) “Ja”.

Lindsay Lohan with Audi A5 cabriolet, Los Angeles, May 2011.  Ms Lohan apparently avoided being affected by the dieselgate scandal, all the photographs of her driving Audis have featured gasoline (petrol) powered cars.

Outside the court, his lawyer was a little more expansive, admitting her client had allowed vehicles equipped with manipulating software to remain on sale even after learning of the scam.  “In the course of addressing the diesel issue" after the revelations became public, Stadler “neglected” to inform business partners that cars with so-called defeat devices were still going on the market, meaning he was “accepting that vehicles equipped with the illegal software would go on sale” she said.  Although it may have been stating the obvious, she added Herr Stadler regretted he’d been unable to “resolve the crisis”.  The carefully composed text may however have averted another crisis, lawyers noting the cryptic nature of some of his comments might be explained by a desire not to create grounds for additional claims by consumers for financial compensation.

How that might unfold remains to be seen but on 27 June 2023 the Munich court handed down a 21 month sentence, suspended for three years, a fine of €1.1 million (US$1.2 million) also imposed; that will go to the federal government and charities, the court ruled without providing details.  Herr Stadler was the first member of the Volkswagen board member to be sentenced for his part in the scandal, the judgment coming some four years after prosecutors first laid fraud charges.  Guilty verdicts were also delivered against two former Audi executives: head of engine development Wolfgang Hatz (b 1959) and lead diesel engineer Giovanni Pamio (b 1963) who were handed suspended jail sentences of 24 months and 21 months, respectively.  Hatz was fined €400,000 (US$437,000) and Pamio €50,000 (US$55,000).  All three were guilty as sin so the verdicts were unsurprising.

Dr Angela Merkel (b 1954; chancellor of Germany 2005-2021) & Dr Martin Winterkorn (b 1947; CEO of Volkswagen AG 2007-2015).

The long-running scandal (the fines and settlements thus far ordered having cost the group some €33 billion (US$36 billion)) still has some way to run because the case against former CEO Martin Winterkorn has yet to be heard although he’s already agreed to pay VW €11.2 million (US$12.3 million) after an internal investigation found he failed properly to respond to signs the company may have been using unlawful technology which enabled its diesel engines to evade emissions testing and it's not yet clear if Dr Winterkorn will try the billigung defense.  Herr Stadler was required to pay VW €4.1 million ($US4.5 million) under terms agreed following the same investigation.  The company clearly wished to move on and in separately issued statements, Volkswagen and Audi said they were not party to Tuesday’s proceedings, which should be “viewed independently” of proceedings against the companies which had (in Germany) been finalized in 2018.  Audi seemed anxious to confirm it was now a righteous corporation, saying “Audi has made good use of the crisis as an opportunity to start over.  We have updated our systems, processes and checks to ensure compliance company-wide.”  It concluded by noting it had since “cultivated and strengthened a culture of constructive debate.”  In exchange for agreeing to pay the fines, prosecutors dropped criminal charges against Volkswagen and Audi.  

Vis-a-vis

Vis-a-vis (pronounced vee-zuh-vee or vee-za-vee (French))

(1) A French phrase, literally, “face to face” constructed with the prepositional use of the adjective.

(2) In numismatics (of a coin) having two portraits facing each other.

(3) As a preposition (some pedants disapprove of some of the extensions of meaning), in relation to; compared with; as opposed to.

(4) A type of horse-drawn carriage commonly made by Amish coachbuilders, mostly in the mid-western US; also produced for the tourist trade in various places.  In the horse-drawn era, vis-à-vis carriages were usually described as barouches, berlines or landaus depending on their configuration.

(5) A sofa in the shape of the letter “S” with seats for two, so arranged that the occupants can be face to face while sitting on opposite sides; sometimes called the tête-à-tête (literally head to head).

(6) One’s date or escort at a social event (obsolete).

(7) In limousines, a coach-builder’s term for a rear compartment configured with two rows of seats, facing each other.

1755: From the French prepositional use of the adjective vis-à-vis (face to face) from the Old French vis (face).  Vis is from the Old French viz, from the Latin vītis (vine) from the primitive Indo-European wéhitis (that which twines or bends, branch, switch), from wehiy- (to turn, wind, bend) which influenced also the Latin vieō and the English withe.  The à is from the Old French a, from the Latin ad, from the primitive Indo-European ád (near; at).  The French vis was an obsolete word for “face”, replaced in contemporary French by visage.  The literal meaning has long run in parallel with the modern meanings (“in comparison with; in relation to; as opposed to” although pedants disapprove because of the imprecision).  In French, the original sense is preserved also as real estate jargon meaning the windows of one house are within sighting distance of those of the neighboring house (literally that the occupants can see into each-other’s homes).  In English, the un-accented spelling vis-a-vis is now more common. 

Prostoria Vis-a-vis Sofa Segment.

The companion term tête-à-tête (from the French and literally “head-to-head”) means “a private conversation between two people, usually in an intimate setting”) and thus, strictly speaking, refers to a process rather than a seating arrangement and, since advances in communication technology, one can have a tête-à-tête over a phone call whereas to be vis-a-vis with them, physical closeness is demanded.  However, the two terms are often used interchangeably and the use of vis-a-vis is also sometimes the victim of linguistic promiscuity, suggesting sometimes just about any juxtaposition.  Furniture makers also variously describe the “S” shaped sofas using either term.  Occasionally, those who use vis-a-vis in its classic sense will baffle others as Horace Greeley Hjalmar Schacht (1877–1970) managed while being cross-examined during his trial before the International Military Tribunal (IMT) at Nuremberg (1945-1946):

Prosecutor: The position you took, as I understand it, was that the Wehrmacht was important not so much as an aggressive weapon against strong countries, Austria & Czechoslovakia, as against, or vis-a-vis, if you will, the larger powers, the concert of nations in Europe… in other words, the army stood there… as a weapon… vis-a-vis the Austrians.

Schacht: Not vis-à-vis the Austrians but vis-a-vis the Allies.

Prosecutor: I am a little naïve about these things, I must say.  You say… not vis-a-vis Austria but against the powers?

Schacht: Not against the powers but vis-a-vis the powers.

The rarely convivial Hjalmar Schacht, with the Führer.

Although that exchange was not critical in Schacht securing one of the three acquittals the bench delivered, the judges doubtlessly enjoyed it more than the prosecution.  At various times during the Third Reich, Schacht had served as Minister of Economics, Plenipotentiary General for War Economy and President of the Reichsbank (the German central bank) and he’d been indicted on counts one (conspiracy to commit crimes against peace) & two (crimes against peace).  His acquittal on both disappointed many but there were many technical difficulties in the case and the prosecution frankly lacked the expertise in matters of public finance and international banking needed to understand the details, let alone pursue them to the standard needed to convince the judges (except for the Russians who were convinced before the hearings began) to convict.  To be fair, the matters were complex and the financial wizardry with which Schacht concocted the money to allow the Nazi’s rearmament programme to be paid for was hardly orthodox monetary policy.  In particular his invention of the Metallurgische Forschungsgesellschaft (thankfully abbreviated to Mefo) which essentially meant the Reichsbank loaned money to the government (which under any other circumstances would have been unlawful) without raising loans or increasing the money supply seemed mysterious to the lawyers.  It was quite a trick and indicative of the intricacies which littered the case.

The ex-comrade Marshal Tito 1968 Mercedes-Benz 600 Pullman Landaulet (six-door, long-roof) with jump seats. 

The optional vis-a-vis seating configuration in the rear compartment of the Mercedes-Benz 600 (W100;1963-1981) Pullman was something of a novelty, the competitor limousines from the UK or US built usually with an opulent rear bench for two or three with a pair of utilitarian fold-away (jump or occasional) seats for staff or other temporary occupants (even the infamous X-100, the Lincoln Continental in which John Kennedy (JFK, 1917–1963; US president 1961-1963) was assassinated used jump seats).  There had been the odd exception.  While the limousines or horse-drawn carriages of kings and emperors had side-by-side seats for two to accommodate a consort, the Roman Catholic popes were granted a single, raised, throne-like chair for, unlike less spiritual heads of state, the bachelor Bishop of Rome never (officially) had a consort to accommodate (there were a few concubines but (as far as is known) they predated the automobile.

1957 Imperial Limousine by Ghia (left), 1964 Crown Imperial Limousine by Ghia (centre) and 1967 Imperial Limousine by Theodorou with the unusual folding vis-a-vis seats (right).  

The 600’s much-admired vis-a-vis option arrangement did seem to affect the US coachbuilders, the configuration seating seen more frequently in the years that followed its debut.  Prior to that, the elongated editions of Cadillacs, Packards, Lincolns and Imperials usually had rear compartments (often trimmed in leather unlike the cars from the UK which traditionally used leather only in front (for the chauffeur) with “West of England cloth” for the passengers) equipped with jump seats.  Even the Imperial Limousine built for Chrysler with (untypically) exquisite care and precision in Italy by Ghia (1957-1965) used them but when production was outsourced to US operators, coach-builders such as Chicago-based Andrew Theodorou included what they called “conversation seats” which, cleverly, were arranged vis-a-vis but folded in such a way that most of the additional space afforded by the conventional jump seats was retained.  During the stretch limousine era in the US, vis-a-vis seating was often used.

Mercedes-Benz 600 Pullman Landaulet (four-door, short-roof) with vis-a-vis seats.  Almost all the 600s delivered to North America, Australia and the UK were trimmed in leather but in Europe and some export markets, mohair wasn't unusual and the factory even made available its famously durable MB-Tex (a high quality vinyl rumored to verge on the indestructible) but none were ever so equipped. 

Mercedes-Benz offered the vis-a-vis configuration, in a choice of leather or mohair, in both the 600 Pullman’s closed form and the rare landaulets with their fold-back roof.  The landaulets however were often parade vehicles, used to percolate along crowd-lined boulevards with a prince, president, pope or potentate standing and waving and for this purpose, the vis-a-vis seats intruded too much and the fold-away jump seats, which afforded more standing room, were preferred.  That’s why illustrious 600 Landaulet owners such as comrade Marshall Tito, North Korea’s Great Leader, Dear Leader & Supreme Leader, the Shah of Iran, Robert Mugabe, Saddam Hussein, Mobutu Sese Seko, Idi Amin, Nicolae Ceaușescu, P W Botha and a dozen-odd others of varying degrees of virtue, all eschewed the vis-a-vis arrangement because it made it too hard to stand and wave.  Only ever produced in small numbers (although such was the factory’s misplaced optimism they hoped they might make a thousand a year) the 600 was introduced at the Internationale Automobil-Ausstellung (IAA, the  Frankfurt Motor Show, September 1963) and in a run of eighteen-odd years (1964-1981), only 2,677 were made, 2,190 of the standard-length sedan (referred to often as the short-wheelbase (SWB), a relative term given it was over eighteen feet (5.5 m) long), 487 of the twenty and a half foot long Pullmans of which 59 were landaulets.  Of the rare landaulets, most had a convertible top which exposed only rear-most of the back seats, twelve being built with a longer fabric roof which rendered open the entire rear compartment, this dozen often called the “presidential landaulets” although this was never an official name.  Although the specification sometimes varied, the Pullmans with the jump-seats usually were configured with six doors while the vis-a-vis models used four.

Seated vis-a-vis, Lindsay Lohan and her sister Aliana, enjoying a tête-à-tête, La Conversation bakery & café, West Hollywood, California, April 2012.  Sadly, La Conversation is now closed.

Voluptuary

Voluptuary (pronounced vuh-luhp-choo-er-ee)

(1) A person devoted to the pursuit and enjoyment of luxury and sensual pleasure; a pleasure-seeker, a sensualist.

(2) Of or relating to, or characterized by preoccupation with luxury and sensual pleasure.

(3) In informal use, the bedroom.

1595–1605: From the French voluptuaire or its etymon the Late Latin voluptuārius, from the Classical Latin voluptārius (pleasure-seeker; agreeable, delightful, pleasant; sensual), from voluptās (pleasure, delight, enjoyment, satisfaction), the construct being volupt(ās) (pleasure, delight) + -ārius (the adjectival suffix).  The suffix -aris was a form of -ālis with dissimilation of -l- to -r- after roots containing an l (the alternative forms were -ālis, -ēlis, -īlis & -ūlis); it was used to form adjectives, usually from noun, indicating a relationship or a "pertaining to".  The English suffic –ary (of or pertaining to) was a back-formation from unary and similar, from the Latin adjectival suffixes -aris and -arius; appended to many words, often nouns, to make an adjective form and use was not restricted to words of Latin origin.  The Latin voluptās was from volup (with pleasure; agreeably, pleasantly, satisfactorily) (perhaps related to velle (to wish)) and ultimately from a construct of the primitive Indo-European welh- (to choose; to want) or wel (to wish; to will) + the Latin -tās (the suffix forming feminine abstract nouns indicating a state of being).  Voluptuary & voluptuarian are nouns & adjectives, voluptuousness, voluptuosity & volupty are nouns, voluptuous is an adjective, voluptuate is the (always rare) verb and voluptuously is an adverb; the noun plural is voluptuaries.

Upon his arrival for trial at Nuremburg (1945-1946), Hermann Göring (1893–1946; leading Nazi 1922-1945 and Reichsmarschall 1940-1945), grossly overweight and drug-addicted (albeit at a very low dose) was described by one doctor as “a decayed voluptuary”.  Slimmed down and detoxed by the time he appeared in the dock, he recovered much of his earlier élan but, guilty as sin, he was sentenced to be hanged.

The words voluptuary, epicurean, hedonist, sensualist & sybarite are synonymous although conventions do seem to govern their use.  Although there’s really neither the historical nor the supporting etymology to justify how the patterns of use have evolved, there does seem a tendency to associate epicureans with a fondness for fine food (based on one minor aspect of the tradition), hedonists seem to be treated as those who seek pleasure through experiences, sybarites are indulgent materialists and sensualists are devoted to the sins of flesh while the characteristic most now associated with the voluptuary may be decadence.  That thumbnail is wholly impressionistic and for each there will be a thousand contradictory examples and in literary use the choice may be dictated as much by the cadence of the text that any sense of differences in nuance.  All share many characteristics so there’s much overlap in meaning, all relating to the pursuit of pleasure and though there may be differences in emphasis, all are used to convey the idea of excess rather than moderation, immediate gratification, and a focus on physical senses as the source of happiness.

Judgement of Paris (circa 1634), oil on oak wood by Peter Paul Rubens (1577-1640), National Gallery, London. 

The adjective voluptuous in the late fourteenth century originally meant “of or pertaining to desires or appetites” and was from the Old French voluptueux & volumptueuse and directly from the Latin voluptuosus (full of pleasure, delightful), again from voluptas and the specific idea of “one addicted to sensual pleasure” emerged in the mid-fifteenth century, the romantic poets in the early 1800s adopting the word to convey the feeling “suggestive of sensual pleasure”, something they applied especially to their aesthetic of feminine beauty.  It was only in the twentieth century that the word “voluptuous” came to be applied to the depictions of women in Renaissance art, their figures approximating what would now be described as “plump”.  Historians of art have devoted much attention to the motif and have concluded the artists were much influenced by the statutes from Antiquity and because they regarded the sculptors of old as having been closer to the perfection of Creation, regarded their carving as representing an ideal.  Of late, rather than a polite way to say “full figured”, “voluptuous” appears to have been re-purposed to mean simply “big boobs” so “Rubenesque” (a coining from the Romantic period) is probably a better choice, given its respectable origins.  Pragmatically, the “s” is almost always dropped because the clumsy sounding Rubensesque is too hard to pronounce.

In informal use, a voluptuary is “a bedroom”.  Lindsay Lohan’s voluptuary was in 2012 featured in Bravo TV’s “Million Dollar Decorator Makeover”  It’s believed it didn’t cost that much.