Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Thursday, June 5, 2025

Veto

Veto (pronounced vee-toh)

(1) In constitutional law, the power or right vested in one branch of a government to cancel or postpone the decisions, enactments etc of another branch, especially the right of a president, governor, or other chief executive to reject bills passed by a legislature.

(2) The exercise of this right.

(3) In the UN Security Council, a non-concurring vote by which one of the five permanent members (China, France, Russia, UK & US) can overrule the actions or decisions of the meeting on most substantive matters.  By practice and convention, in the context of geopolitics, this is "the veto power".

(4) Emphatically to prohibit something.

1620–1630: From the Latin vetō (I forbid), the first person singular present indicative of vetāre (forbid, prohibit, oppose, hinder (perfect active vetuī, supine vetitum)) from the earlier votō & votāre, from the Proto-Italic wetā(je)-, from the primitive Indo-European weth- (to say).  In ancient Rome, the vetō was the technical term for a protest interposed by a tribune of the people against any measure of the Senate or of the magistrates.  As a verb, use dates from 1706.  Veto is a noun, verb and adjective, vetoless is a (non-standard) adjective and vetoer is a noun; the noun plural is vetoes.  In the language of the diplomatic toolbox the related forms pre-veto, re-veto, un-veto & non-veto, used with and without the hyphen.

The best known power of veto is that exercised by the five permanent members (P5) of the United Nations Security Council (UNSC).  The UNSC is an organ of the UN which uniquely possesses the authority to issue resolutions binding upon member states and its powers include creating peacekeeping missions, imposing international sanctions and authorizing military action.  The UNSC has a standing membership of fifteen, five of which (China, France, Russia, the UK and the USA) hold permanent seats, the remaining ten elected by the UNGA (UN General Assembly) on a regional basis for two year terms.  P5 representatives can veto any substantive resolution including the admission of new UN member states or nominations for UN Secretary-General (the UN’s CEO).  The term “united nations” was used as early as 1943, essentially as a synonym for the anti-Axis allies and was later adopted as the name for the international organization which replaced the League of Nations (LoN, 1920-1946) which had in the 1930s proved ineffectual in its attempts to maintain peace.  When the UN was created, its structural arrangements were designed to try to avoid the problems which beset the LoN which, under its covenant, could reach decisions only by unanimous vote and this rule applied both to the League's council (which the specific responsibility of maintaining peace) and the all-member assembly.  In effect, each member state of the League had the power of the veto, and, except for procedural matters and a few specified topics, a single "nay" killed any resolution.  Learning from this mistake, the founders of the UN decided all its organs and subsidiary bodies should make decisions by some type of majority vote (although when dealing with particularly contentious matters things have sometimes awaited a resolution until a consensus emerges).

The creators of the UN Charter always conceived the three victorious “great powers” of World War II (1939-1945), the UK, US & USSR, because of their roles in the establishment of the UN, would continue to play important roles in the maintenance of international peace and security and thus would have permanent seats on the UNSC with the power to veto resolutions.  To this arrangement was added (4) France (at the insistence of Winston Churchill (1875-1965; UK prime minister 1940-1945 & 1951-1955) who wished to re-build the power of France as a counterweight to Germany and (5) China, included because Franklin Roosevelt (1882-1940 US president 1933-1945) was perceptive in predicting the country’s importance in the years to come.  This veto is however a power only in the negative.  Not one of the permanent members nor even all five voting in (an admittedly improbable) block can impose their will in the absence of an overall majority vote of the Security Council.  Nor is an affirmative vote from one or all of the permanent five necessary: If a permanent member does not agree with a resolution but does not wish to cast a veto, it may choose to abstain, thus allowing the resolution to be adopted if it obtains the required majority among the fifteen.

Lindsay Lohan meeting Recep Tayyip Erdoğan (b 1954; prime-minister or president of the Republic of Türkiye since 2003), Ankara, January 2017.

As part of her efforts during 2017 drawing attention to the plight of Syrian refugees, Lindsay Lohan was received by the president of Türkiye.  As well as issuing a statement on the troubles of refugees and IDPs (internally displaced persons) in the region, Ms Lohan also commented on another matter raised by Mr Erdogan: the need to reform the structure of the UNSC which still exists in substantially the form created in 1945, despite the world’s economic and geopolitical realities having since much changed with only the compositional alteration being the PRC (People's Republic of China) in 1971 taking the place of the renegade province of Taiwan, pursuant to UNGA Resolution 2758, which recognized the PRC as “the only legitimate representative of China to the United Nations” and expelled “the representatives” of Generalissimo Chiang Kai-shek (1887-1975; leader of the Republic of China (mainland) 1928-1949 & the renegade province of Taiwan.  In an Instagram post, Ms Lohan used the phrase “the world is bigger than five.  Five big nations made promises but they did not keep them.  Despite her efforts, reform of the UNSC has advanced little because although consensus might be reached on extending permanent membership to certain nations, it remains doubtful all of the P5 (the permanent five members) would achieve consensus for this including the veto.  That would have the effect of replacing the present two-tier structure with three layers and it seems also unlikely a state like India would accept the “second class status” inherent in a permanent seat with no veto.

The Vatican, the CCP and the bishops, real & fake

A well-known and economically significant niche in modern Chinese manufacturing is fakes.  Most obvious are fake Rolexes, fake Range Rovers et al but Peking for decades produced fake bishops.  After the Holy See and the Chinese Communist Party (CCP) sundered diplomatic relations in 1951, papal appointments to Chinese bishoprics were not recognized by Peking which appointed their own.  In retaliation, popes refused to acknowledge the fakes who in turn ignored him, the amusing clerical stand-off lasting until January 2018 when negotiations appeared to produce a face-saving (sort-of) concordat.  As a prelude, Rome retired or re-deployed a number of their bishops in order to make way for new (once-fake) bishops, nominated by the CCP and, in a telling gesture, Pope Francis (b 1936; pope 2013-2025) re-admitted to "full ecclesial communion" seven living Chinese bishops who were ordained before the deal without Vatican approval, and had thus incurred a latae sententiae (literally "of a judgment having been brought") penalty.  Long a feature of the Catholic Church's canon law, a latae sententiae works as an administrative act, the liability for which is imposed ipsō factō (literally "by the same fact" and in law understood as "something inherently consequent upon the act").  What that means is the penalty is applied at the moment the unlawful act is done; no judicial or administrative actions needs be taken for this to happen.  Thus, at the point of non-Vatican approved ordination, all fake bishops were excommunicated.

On 22 September 2018, a provisional agreement was signed.  It (1) cleared the Chinese decks of any bishops (fake or real) not acceptable to either side, (2) granted the CCP the right to nominate bishops (the list created with the help of a CCP-run group called the Chinese Catholic Patriotic Association (CCPA) and (3) granted the pope a right of veto.  Although not mentioned by either side, the most important understanding between the parties seemed to be the hints the CCP sent through diplomatic channels that the pope would find their lists of nominees “helpful”.  If so, such a document deserved to be thought "a secret protocol" to the "Holy See-CCP Pact but however the sausages were made, it was a diplomatic triumph for Beijing.  Although Rome at the time noted it was a “provisional agreement”, many observed that unless things proved most unsatisfactory, it was doubtful Rome would be anxious again to draw attention to the matter because, whatever the political or theological implications, to acquiesce to the pope as cipher would diminish the church’s mystique.

Things may be worse even than the cynics had predicted.  In late 2020 the two-year deal handling the appointment of Chinese bishops was extended after an exchange of notes verbales (in diplomatic language, something more formal than an aide-mémoire and less formal than a note, drafted in the third person and never signed), both sides apparently wishing to continue the pact, albeit still (technically) on a temporary basis.  The uneasy entente seems however not to have lasted, Beijing in 2021, through bureaucratic process, acting as if it had never existed by issuing Order No. 15 (new administrative rules for religious affairs) which included an article on establishing a process for the selection of Catholic bishops in China after 1 May 2021.  The new edict makes no mention of any papal role in the process and certainly not a right to approve or veto episcopal appointments in China, the very thing which was celebrated in Rome as the substantive concession gained from the CCP.

Still, Beijing’s new rules have the benefit of clarity and while it's doubtful Francis held many illusions about the nature of CCP rule, he certainly had certainty for the remainder of his pontificate.  Order No. 15 requires clergy of the Chinese Patriotic Catholic Church (CPCC) to “adhere to the principle of independent and self-administered religion in China” and actively support “the leadership of the Chinese Communist Party” and “the socialist system,” as well as to “practice the core values of socialism.”  They must also promote “social harmony” which is usually interpreted as conformity of thought with those of the CCP (although in recent years that has come increasingly to be identified with the thoughts of comrade Xi Jinping (b 1953; paramount leader of China since 2012) which, historically, is an interesting comparison with the times of comrade Chairman Mao Zedong (1893–1976; chairman of the Chinese Communist Party (CCP) 1949-1976).  Essentially, the CPCC is an arm of the CCP regime (something like "the PLA (People's Liberation Army" at prayer") and formalizing this is the requirement for bishops and priests to be licensed for ministry, much the same process as being allowed to practice as a driving instructor or electrician.

All this is presumably was a disappointment to the pope though it’s unlikely to have surprised to his critics, some of whom, when the agreement was announced in 2018 and upon renewal in 2020, predicted it would be honored by Beijing only while it proved useful for them to weaken the “underground” church and allow the CCP to assert institutional control over the CPCC.  At the time of the renewal, the Vatican issued a statement saying the agreement was “essential to guarantee the ordinary life of the Church in China.”  The CCP doubtlessly agreed with that which is why they have broken the agreement, and, if asked, presumably they would point out that, legally, it really didn’t exist, the text never having been published and only ever discussed by diplomats.  Although there are (by the Vatican's estimates) only some five million Chinese Catholics among a population of some 1.4 billion, that's still five-million potential malcontents and as the "Godless atheists" of the CCP know from their history books, that's enough to cause problems and if problems can be solved in the "preferred" CCP manner, they must be "managed".

Beware of imitations.  British Range Rover Evoque (left) and Chinese Landwind X7 (right).

Although not matching the original in specification or capabilities, the Landwind X7 sold in China for around a third what was charged for an Evoque and while it took a trained eye to tell the difference between the two, Chinese capitalism rose to the occasion and, within weeks, kits were on the market containing the badges and moldings needed to make the replication closer to exact.  Remarkably, eventually, Jaguar Land Rover (JLR) won a landmark legal case (in a Chinese court!), the judges holding the “…Evoque has five unique features that were copied directly” and that the X7’s similarity “…has led to widespread consumer confusion.”  In a decision which was the first by a Chinese court ruling favor of a foreign automaker in such a case, it was ordered Landwind immediately cease sales of the vehicle and pay compensation to JLR.  It was a bit hypocritical for the British to complain because for years shamelessly the British industry "borrowed" styling from Detroit and in the early, cash-strapped, post-war years, the Standard Motor Company (later Standard-Triumph) sent their chief stylist to sit with his sketch-pad outside the US embassy in London to "harvest" ideas from the new American cars being driven by diplomats and other staff.  That's why Standard's Phase I Vanguard (the so-called "humpback", 1947-1953) so resembles a 1946 Plymouth, somewhat unhappily shrunk in every dimension except height.  One can debate the ethics of what Landwind did but as an act of visual cloning, they did it well and as Chinese historians gleefully will attest, when it comes to cynicism and hypocrisy, the British have centuries of practice.    

Beware of imitations.  Joseph Guo Jincai (b 1968, left) was in 2010 ordained Bishop of Chengde (Hebei) today without the approval of the pope.  He is a member of the China Committee on Religion and Peace and was appointed a deputy to the thirteenth National People's Congress.  Because of the circumstances of his ordination as a bishop, he was excommunicated latae sententiae but later had the consolation of being elected vice-president of Chinese Patriotic Catholic Association.  In September 2018, Francis lifted the excommunication of Joseph Guo Jincai and other six bishops previously appointed by the Chinese government without pontifical mandate.  What Francis did was something like the "re-personing" granted in post-Soviet Russia to those "un-personed" under communist rule.

Politically, one has to admire the CCP’s tactics.  Beijing pursued the 2018 deal only to exterminate the underground Catholic Church which, although for decades doughty in their resistance to persecution by the CCP (including pogroms during the Cultural Revolution (1966-1976)), were compelled to transfer their allegiance to the CPCC once it received the pope’s imprimatur.  After the agreement, Chinese authorities rounded up underground Catholic clergy, warning that they would defy the pope if they continued baptizing, ordaining new clergy and praying in unregistered churches; most of those persuaded became part of the CPCC and those unconvinced resigned their ministries and returned to private life.  According to insiders, a rump underground movement still exists but it seems the CCP now regard the remnant as a terrorist organization (a la the subversive Falun Gong) and are pursuing them accordingly.

The central committee of the CCP's politburo contains operators highly skilled in the art of political opportunism and in 2025 they demonstrated their prowess during the brief interregnum between the death of PFrancis and the election of Leo XIV (b 1955; pope since 2025) when unilaterally they “elected” two bishops, one of them to a diocese already led by a Vatican-appointed bishop.  The clever maneuver took advantage of the fact that during this sede vacante (the vacancy of an episcopal see), the Holy See had been unable to ratify episcopal nominations.  The CCP clearly regards its elections as a fait accompli and one technically within the terms of the 2018 provisional agreement (most recently renewed in October 2024), adopting the pragmatic position of “what’s done is done and can’t be undone”.  The Vatican lawyers might demur and even though the terms of the agreement have never been published, the convention had evolved that Beijing would present to the Vatican a single candidate chosen by assemblies of the clergy affiliated by the CCPA; this nominee the pope could the appoint or not.  In 2025, the argument is that no veto was exercised which, during a sede vacante, was of course impossible but it’s no secret that in recent years Beijing has on a number of occasions violated the agreement.  The CCP are of the “how many divisions has he got” school established by comrade Stalin (1878-1953; Soviet leader 1924-1953), practiced with the “take whatever you can grab” ethos of capitalism which modern China has embraced with muscular efficiency.

The files were among the many piled in Leo’s in-tray and keenly Vaticanologists awaited his response and the new pope didn’t long delay, in June 2025 appointing Bishop Joseph Lin Yuntuan (b 1952) as an assistant in Fuzhou, the capital of the south-eastern Fujian province.  Unlike bishoprics elsewhere, analysts made no mention of whether the appointee belong to the “liberal” or “conservative” factions but focused instead on both sides exhibiting a clear desire to “continue on the path of reconciliation”.  In a statement, the Holy See Press Office stressed “final decision-making power” remained with the pope while for Beijing the attraction was the (substantial) resolution of the decades-long split between the underground church loyal to Rome and the state-supervised CCPA although there are doubtless still renegades being pursued.  Lin had in 2017 been ordained a bishop in the underground church and had the CCP wished to maintain an antagonism it could of course declined to countenance the appointment of a character with such a dubious past but the installation’s rubber-stamping in both states seems a clear indication both wish to maintain the still uneasy accord.  During the ceremony, Bishop Lin swore to abide by Chinese laws and safeguard social harmony.

Tuesday, April 15, 2025

Effectuate

Effectuate (pronounced ih-fek-choo-yet)

To bring about; give effect to; cause to happen; accomplish; carry out (a wish, order, plan etc).

1570–1580: From the Medieval Latin effectuatus (brought to pass), the past participle of the Renaissance Latin effectuare, the construct being effectu- (stem of effectus (effect) + -atus.  It’s assumed the Medieval Latin was influenced by the Middle French effectuer.  The Latin suffix -ātus was from the Proto-Italic -ātos, from the primitive Indo-European -ehtos.  It’s regarded as a "pseudo-participle" and perhaps related to –tus although though similar formations in other Indo-European languages indicate it was distinct from it already in early Indo-European times.  It was cognate with the Proto-Slavic –atъ and the Proto-Germanic -ōdaz (the English form being -ed (having).  The feminine form was –āta, the neuter –ātum and it was used to form adjectives from nouns indicating the possession of a thing or a quality.  In biology, the noun effector (plural effectors) describes (1) any muscle, organ etc. that can respond to a stimulus from a nerve, (2) the part of a nerve that carries a stimulus to a muscle etc or (3) any small molecule that effects the function of an enzyme by binding to an allosteric site (all some sort of actuator).  Effectuate & effectuating are verbs, effectuator is a noun, effectuation is a noun and effectuated is a verb & adjective; the noun plural is effectuators.

In his A Dictionary of Modern English Usage (1926), Henry Fowler (1858–1933) summed up the cluster of “effect” words with his usual efficiency: Historically, effective, effectual, efficacious & efficient all meant “having an effect, but use varied with both different applications and some often disregarded shades of meaning.  Effective means “having a definite or desired effect, existing in fact rather than theoretically, coming into operation”.  Efficacious should be applied only to things and has long been popular in medicine (treatments, drug regimes etc) and means “certain to have or usually having the desired effect”.  Efficient applies to agents or their actions or to instruments etc, meaning “capable of producing the desired effect, not incompetent or unequal to a task.  Effectual applies to actions apart from the agent and means not falling short of the complete effect aimed at while effective applies to the thing done (or its doer as such) and means having a high degree of effect. 

Something is effectual if the intended result is produced and there’re are degrees of effectiveness, the comparative being “more effectual”, the superlative “most effectual”, and as early as the early sixteenth century the most formal (and still popular) way of expressing that was to suggest something has been efficacious (the comparative “more efficacious”, the superlative “most efficacious”).  Historically, efficacious was a synonym of effective but the latter has been co-opted for many purposes so efficacious gained a career as a “decorative word” of the “dinner party” type.  The act referenced is one of “effectuation” (the act of effectuating) and the antonym is inefficacious.  One who effects the effectuation is an effectuator.  So, effectuate means “to cause something to happen" or “to bring about an effect” and it entered English in the early 1600s with a formal or legal tone, something retained to this day; the legal connection is the distinction between “facilitate” (make it possible for something to be effectuated) and effectuate (do something which has earlier been facilitated).  It’s a useful distinction for lawyers to draw and something like the way cosmologists differentiate between a “point in time” and a “point in space”, something which apparently becomes of increasing significance the further one travels (in theory) from Earth.  To most of us that’s the difference between “when” and “where” but cosmologists understand there’s some overlap between the two.

Google ngram: Effectuate's pattern of use, 1800-2022.  Never a word in common use, it has never gone away and has apparently low been a favorite in essays by students of law and political science.

Because of the way Google harvests data for their ngrams, they’re not literally a tracking of the use of a word in society but can be usefully indicative of certain trends, (although one is never quite sure which trend(s)), especially over decades.  As a record of actual aggregate use, ngrams are not wholly reliable because: (1) the sub-set of texts Google uses is slanted towards the scientific & academic and (2) the technical limitations imposed by the use of OCR (optical character recognition) when handling older texts of sometime dubious legibility (a process AI should improve).  Where numbers bounce around, this may reflect either: (1) peaks and troughs in use for some reason or (2) some quirk in the data harvested.

Karoline Leavitt, the White House, 2025.

Definitely on planet Earth (though sometimes accused of existing in a parallel reality of “alternative facts”), the White House recently introduced many to the word “effectuate”, Karoline Leavitt (b 1997; White House press secretary since 2025) explaining that while the USSC (US Supreme Court) had ruled it was the administration's responsibility to “facilitate the return” of a migrant mistakenly sent to a prison in El Salvador, but “not to effectuate the return.  That is a reasonable interpretation of the practicalities and not mere legal sophistry because while the court’s unanimous ruling means is the administration has to “make possible” the return of the party. It seems not to impose an obligation actually to make the travel arrangements.

However, this exchange between the two “co-equal” branches of government is merely emblematic of a fundamental dispute in which the Trump administration does not wish to acknowledge the courts may intervene in its efforts to effectuate, on a truly grand scale, mass deportation.  At this stage the White House seems to have decided not to engage in outright defiance and pursue instead strategy of “paralysis by analysis”.  The Supreme Court upheld an order from the US District requiring the DoJ (Department of Justice) to submit plans “to facilitate and effectuate” the return but the DoJ asked the hearing be delayed so it might “evaluate” the USSC’s ruling.  After further extensions of the deadline were granted, the DoJ asserted the court had set an “impractical” deadline and had provided “insufficient” time for plans to be drawn up, adding the department didn’t fully understand the order, given the court had not clarified what it means to “facilitate” or “effectuate” the return.  The USSC refrained from suggesting the DoJ’s lawyers consult a dictionary and instructed the District Court to issue a clarification of “the intended scope of the term ‘effectuate’” but did confirm the order to “facilitate” the return was valid.

There is nothing new in tensions between an administration wanting to do things (often stuff claimed to enjoy an electoral mandate) and courts which insist things, however popular, must be effectuated in accord with the constitution and as long ago as 2019 Donald Trump (b 1946; US president 2017-2021 and since 2025) had discussed Article II (The Executive) of the constitution, claiming it meant “…I have the right to do whatever I want as president.  Ominous as that may sound, especially in the light of the USSC’s extraordinary 2024 ruling in the matter of presidential immunity from prosecution, it seems still not quite at the point either of that asserted by Richard Nixon (1913-1994; US president 1969-1974 and a trained lawyer) who held “if the president does it, it can’t be illegal” or the state of law in the Third Reich (1933-1945) which by 1943 (at the latest) had degenerated to the point where law had become “what the Führer says it is”.

In democratic societies, respect for the rule of law and constitutions are important and there have been many states in which orders from courts habitually are defied or simply ignored.  The respect is vital because in terms of enforcement of will the difference between the executive and judicial institutions truly is striking; one side with police forces, an army, navy & air force and the other with word processors and shelves of books containing statutes and precedents.  In terms of raw power therefore, all the courts have is moral authority and the expectation others will respect the law while, if so minded, an executive can be of the “…and how many divisions has he got?” school.

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

That school of thought has often been ascribed to Andrew Jackson (1767–1845; US president 1829-1837) who is reputed to have said of a judgment by the chief justice (John Marshall (1755–1835; chief justice of the US 1801-1835) with which he disagreed: “John Marshall has made his decision; now let him enforce it!  The “quotation” was not revealed until some two decades after Jackson’s death when it appeared in Horace Greeley’s (1811–1872) The American Conflict: A History of the Great Rebellion in the United States of America, 1860–1864 (in two volumes, 1864 & 1866) and most think it apocryphal.  Greeley was usually informative and often entertaining and while that exact sentence may never has passed the president’s lips, historians generally agree it was an accurate paraphrase of the sentiments he at the time expressed to many and, had the court requested the assistance of the executive in enforcing the order, it’s not certain Jackson would have followed constitutional precedent and complied.  As things turned out, no request was ever issued so there never was a “constitutional crisis” but the matter does emphasize how vital it is for the executive (which alone possesses the means of force) to respect the role of the courts which have only a moral authority.

Wednesday, April 9, 2025

Leap

Leap (pronounced leep)

(1) To spring through the air from one point or position to another; to jump.

(2) Quickly or suddenly to move or act.

(3) To cause to leap.

(4) A spring, jump, or bound; a light, springing movement.

(5) The distance covered in a leap; distance jumped.

(6) A place leaped or to be leaped over or from.

(7) A sudden or abrupt transition.

(8) A sudden and decisive increase.

(8) In folk mythology, to copulate with or coverture of (a female beast) (archaic).

(9) In slang, to copulate with (a human) (archaic).

(10) A group of leopards.

(11) In figurative use, a significant move forward.

(12) In figurative use, a large step in reasoning (often one that is not justified by the facts, hence the sceptical phrase “a bit of a leap” & “quite a leap”).

(13) In mining (also used in geology), a fault.

(14) In aquatic management, a salmon ladder; a trap or snare for fish, historically constructed with fallen from twigs; a “weely”.

(15) In music, a passing from one note to another by an interval, especially by a long one, or by one including several other intermediate intervals.

(16) An intercalary measure, best-known as “leap year”, “leap second” et al.

(17) In pre-modern measures of weight, half a bushel.

Pre 900: From the Middle English lepen, from the Old English hlēapan, from the Proto-West Germanic hlaupan, from the Proto-Germanic hlaupaną (a doublet of lope, lowp, elope, gallop, galop, interlope and loop).  It was cognate with the German laufen (to run; to walk), the Old Norse hlaupa the Gothic hlaupan, the West Frisian ljeppe (to jump), the Dutch lopen (to run; to walk), the Danish løbe and the Norwegian Bokmål løpe, from the primitive Indo-European klewb- (to spring; stumble) (and may be compared with the Lithuanian šlùbti (to become lame) & klùbti (to stumble).  The verb forms are tangled things.  The third-person singular simple present tense is leaps, the present participle leaping, the simple past leaped or leapt (lept & lope the archaic forms) and the past participle is leaped or leapt or (lept & lopen the archaic forms).  That leapt and leaped remain in concurrent use is another of those annoy things in English which are hangovers from their ancient entrenchments in regional use and, as a general principle leapt tends to be is preferred educated British English while leaped is seen more frequently in North America (although leapt is in those places not uncommon, especially in areas with historical ties to England).  The transitive sense as in “pass over by leaping” was in use by the early fifteenth century and there are references to the children’s game “leap-frog” documented in the 1590s, and so obvious was the use of that figuratively it probably quickly was adopted but the first attested entry dates from 1704.  The familiar “to leap tall buildings in a single bound” comes from the Superman comics of the 1940s although in idiomatic use, “leaps” has been paired with “bounds” since at least since 1720.  Leap is a noun, verb & adjective, leaper & leapling are nouns and leaping and leapt & leaped are verbs; the noun plural is leaps.

The leap year is “a year containing 366 days” and use dates from late fourteenth century Middle English lepe gere, a genuine innovation because no equivalent term existed in the Old English. The origin is thought to come from the effect of fixed festival days, which normally advance one weekday per year, to “leap” ahead one day in the week.  The Medieval Latin was saltus lunae (omission of one day in the lunar calendar every 19 years), the Old English form being monan hlyp.  The adjustments happened in the calendars of many cultures, always with the purpose of ensuring the man-made devices for tracking dates (and therefore time) remained consistent with the sun; summer needed always to feel like summer and winter like winter.  Different methods of handling the intercalary were adopted and in England the bissextile was the device.  The noun & adjective bissextile (plural bissextiles) dates from the early 1580s and was from the Latin bisextilis annus (bissextile year), the construct being bisextus + -ilis, deconstructed as bis- (two; twice; doubled) + sextus (sixth) + dies (day) and was a reference to the Julian calendar's original reckoning of its quadrennial intercalary day as a 48-hour 24 February (subsequently distinguished as the two separate days of the sixth day before the March calends (sexto Kalendas Martii) and the “doubled sixth day”.  In modern use, 24 February is now understood as “five days before 1 March” but in Roman use it was called “the sixth” because the counting of dates was then inclusive.

The most physically demanding (and dangerous) part of Lindsay Lohan’s impressive leap into a Triumph TR4 in Irish Wish was undertaken by a body double (the young lady in this case deserving the “stunt-double” title).

Ready to leap: Lindsay Lohan with stunt double Aoife Bailey (b 1999).

Lindsay Lohan's Netflix movie Irish Wish (2024) was said by Irish reviewers to be "a mix of Leap Year meets Just My Luck meets Freaky Friday in which Lohan stars as quiet book editor Maddie Kelly, who embarks on a journey to find love by learning to love herself first."  Like Irish Wish, Leap Year (2010) was filmed in Ireland but unlike 2010, 2024 was a leap year.  IMCDB’s (Internet Movie Cars Database) comprehensive site confirmed the Triumph TR4 was registered in Ireland (ZV5660, VIN:STC65CT17130C) as running the 2.1 litre version (17130C) of the engine.  The Triumph 2.1 is sometimes listed as a 2.2 because, despite an actual displacement of 2138 cm3; in some places the math orthodoxy is ignored and a "round up" rule applied, something done usually in jurisdictions which use displacement-based taxation or registration regimes, the "rounding up" sometimes having the effect of "pushing" a vehicle into a category which attracts a higher rate.  Those buying a TR4 for use in competitions with a 2.0 litre limit could specify the smaller unit from the factory but being based on a tractor engine (!) and thus fitted with wet-cylinder liners, “sleeving” a 2.1 back to 2.0 wasn’t difficult.  The lack of the "IRS" (independent rear suspension) badge on the trunk (boot) lid indicates the use of the live rear axle and that detail was of no significance in the plot although, given the leap scene, a convertible of some sort would have been required.  Although on the road the IRS delivered a smoother ride, those using TR4s in competition usually preferred the live rear-axle because it made the car easier to steer “with the throttle”.

The replacement of the bissextile by the then novel 29 February every four years-odd appears such an obviously good idea it seems strange it took centuries universally to be adopted in England although the documents reveal the shift was certainly well in progress by the mid-fifteenth century and in an echo of later practices, the more curmudgeonly the institution, the slower the intrusion of the new ways, the Admiralty and houses of parliament ignoring 29 February until well into the 1500s.  It wasn’t until the Calendar (New Style) Act (1750) passed into law that 29 February received formal recognition in UK law.  The reform worked well from the start but in some jurisdictions, government lawyers took no chances and for the handful of souls born on a 29 February, their birth dates were deemed to be 28 February or 1 March for all legal purposes (eligibility for drivers licenses or pensions, age of consent etc).  One born on 29 February is a “leapling” and there are said to be a few as five million of these lonely souls on the whole planet.  In many countries hospitals and midwives note the frequency with which expectant mothers approaching March request staff do whatever is required to avoid them giving birth to a leapling, fearing the child will feel deprived by having fewer birthdays than their siblings of friends.  The math of the leap year is it is one (1) evenly divisible by 4, (2) except for years are evenly divisible by 100 except that (3) years evenly divisible by 400 are leap years.  So, 2000 was while 1900 was not; 2100 will not be a leap year, but 2400 will be.  However, because the rotation of the Earth is changing (and thus the length of days), as is its distance from the Sun, even a 29 February now and then is not enough to keep everything in sync.  So, there are also leap seconds, spliced in as needed and unlike 29 February, only those dealing with atomic clocks and such notice addition.

Leap is common in idiomatic use:  To do something in “leaps and bounds” suggests commendably quick progress.  A “leap in the dark” is to take some action while being uncertain of consequences and the related “leap of faith” is trusting in something that cannot be seen or proven so in a sense they’re two ways of saying much the same thing although “leap of faith” does also imply some trust in something or someone.  To have one’s heart “leap into one’s throat” is an allusion to the sensation felt sometimes in the throat when something scary happens.  To “leap for joy” is much the same as “jump for joy” and describes joyous happiness.  To “leap at” something is enthusiastically to take up an offer, avail one’s self of an opportunity etc.  When doing so, one might be said to “leap into action”.  To be cautioned to “look before you leap” is to suggest one should be sure of things before doing something; if one ignores the advice then it’s a “leap of faith” or a “leap into the dark”.  To “leapfrog” is to skip a step in some process, the connotation almost always positive.  To suggest someone “take a flying leap” is much the same as telling them to “go jump in the lake” or, as is now more common: “fuck off”.  The concept of the "quantum leap" was in 1913 introduced (as the "quantum jump") by Danish physicist Niels Bohr (1885–1962) in his "Bohr model" of the atom.  In the strange world of quantum mechanics it describes the discontinuous change of the state of an electron in an atom or molecule from one energy level to another and was adopted figuratively to refer to an "abrupt, extreme change".  In modern use, it has come to mean a large or transformative change, a use to which pedants sometimes object but this is how the English language works.  The “leap year bug” is jargon rather than a idiom and describes the growing number of instances of problems caused by computers (and related machines) for whatever reason not correctly handling the existence of leap years.  Most are caused by human error and some are not being rectified because the original error has been built upon to such an extent that it’s easier to handle the bugs as they occur.  If something is said to be “a bit of a leap” or “quite a leap” it means there's some scepticism about the relationship one thing and another (often cause & effect). 

Jaguar's Leaper

Left to right (top row): Buick, Packard & Pierce-Arrow; (centre row): Rolls-Royce, Bentley & Mercury; (bottom row): Duesenberg, Mercedes-Benz & Nash.

The radiator cap of course began as a mere functional device which could be unscrewed to allow coolant to be added but, inevitably, possibilities occurred to stylists (they weren’t yet “designers”) and soon the things were a small platform for miniature (though many were anything but small) works of art to covey an image to suit at least what was imagined to be the character of the vehicle on which they sat.  Although such embellishments are now remembered for their decorative qualities (and many in the art deco era during the inter-war were lovely creations), some genuinely were functional and “topping-up” the coolant was for decades a frequent part of the motoring experience so, however attractive they may have been, their use as a handle means they may be thought architectonic as well as artistic. The Jaguar Leaper had fangs and while that sounds ominous for pedestrians, some of the radiator cap & hood emblems looked more lethal still and even before the “safety movement” of the 1960s, there had been discussions about the dangers they posed.  For the safety of pedestrians, the few survivors now are spring-loaded or retract when the vehicle is in motion.

Leaper on 1960 Jaguar Mark 2 3.8.  Owners found the fitting handy when opening the hood.

Leaper” really was the factory’s name for the lunging feline figure which for decades adorned the space atop or behind the grill on many Jaguars.  The story of the origin is murky and while there may be some myth-making in it, the most likely explanation seems to be that when late in 1934 newly appointed Ernest William "Bill" Rankin (1898-1966, Advertising Manager and Public Relations Officer, Jaguar Cars 1934-1966) settled (from a list of charismatic wild animals) on “Jaguar” as a name for a new “sporty” SS (then the company name) car and, part of the “brand identity” was to design an appropriate radiator cap ornament.  Rankin was acquainted with the draftsman & technical illustrator Gordon Crosby (1885–1943) who he knew to be an amateur sculptor and it was to him the commission was granted.  Crosby delivered a prototype cast in bronze and according to company mythology, Jaguar’s founder, Sir William Lyons (1901–1985) thought it looked like “a cat shot off a fence” but liked the concept so, lengthened and softened into something sleeker, the refined shape emerged as the “Leaper”, first fitted in 1938.  The tales do differ, some suggesting Sir William’s “cat shot off a fence” thoughts were prompted by the sight of an earlier, third–party ornament which inspired him to task Mr Rankin with finding a replacement and, in the absence of documentary proof, Jaguar fans can pick the story they prefer.

Leaper on 1950 Jaguar Mark V 3.5.  The Mark V (1948-1951) was the last Jaguar with the external radiator cap and thus the last time a Leaper was also a cap-handle.

The SS name came from the Swallow Sidecar Company which Lyons had in 1922 co-founded with William Walmsley (1892–1961), reorganized as “S.S. Cars” after 1934 when Walmsley withdrew and the adoption in 1935 of “Jaguar” as a model name was mere marketing and nothing to do with the by then unsavoury reputation of the German SS (Schutzstaffel (protection squad), which began in 1923 as a small security guard for Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) but which evolved into a kind of parallel army for the Nazi Party and later into an armed formation almost a million-strong).  Even by 1945 when motor vehicle production resumed and the corporate name S.S. Cars formerly was changed to “Jaguar Cars Limited”, the rationale was the stronger brand identity of the latter rather than an aversion to anything associative with the Nazis.  Indeed, in 1957 Jaguar returned to SS as designation with the release of the XKSS, a road-going version of the Le Mans-winning D-Type race car.

An early Leaper (left) and the later "in flight" version (right) with the fully extended hind legs.

First fitted to production SS Jaguars in 1938, it became standard equipment on all until 1951 when the Mark V was discontinued.  As the last Jaguar to feature an external radiator cap, the assumption was that was the end of the Leaper and the strikingly modernist XK120 which created a sensation at the 1948 London Motor Show had only a radiator grill; the spirit of the age was that the ornaments were antiquated relics.  However, elsewhere in the industry, modernity and nostalgia managed peacefully to co-exist and while there was no revival of external radiator caps, the ornaments refused to die and from expensive Mercedes-Benz and Rolls-Royce to the most humble Austins and Chevrolets, the chromed constructions continued and sometimes grew, those not able to sit atop grills (many now with no “top” as such) re-imagined as hood (bonnet) ornaments.  So, in 1955 the Jaguar Leaper made a comeback on the new small saloon (the 2.4), the mascot using the subtle post-war re-working of the hind legs, made more outstretched to suggest the big cat in “mid-leap”, about to take its prey.

Rendered usually in fibreglass anodized with a shiny silver finish (although some, daringly, were gloss black), large leapers were often a feature of Jaguar dealerships (left).  Once decommissioned, they were sometimes sold and, applying dreadful and indefensible gender stereotyping, were a good gift for the garden (right) of the Jaguar-owning husband or boyfriend who "has everything". 

On the saloons, the design lasted 14 years and it was offered as an option on the XK150 (1957-1961) for while the XK120 (1948-1954) in 1948 had seemed streamlined modernity exemplified, the world had moved on and by 1957, although much improved and still stylish, the lines now seemed baroque rather than minimalist; the Leaper now fitted in well.  For the big Mark X saloon in 1961, paradoxically, a smaller Leaper was cast and this remained in use until the car (by then called 420G) was retired in 1970 so it was thus the last of the early Leapers, the XJ unadorned upon its debut in 1968 with the last of the legacy saloons (240, 340 (1967-1969 and both renamed and often de-contented versions of the Mark 2 (1959-1967)), S-Type (1963-1968) & 420 (1966-1968) produced in 1969.  The aftermarket though remained buoyant with many XJs and XJSs fitted with Leapers by owners who liked the look or dealers who thought they would.  It does seem they were fitted at the plant to many of the New Zealand-assembled XJs and the factory may have been in two minds about it: the hoods of all XJs (1968-1992) included on the underside skin- panel marks indicating where the holes should be drilled.  Not until the X300 XJ in 1994 would they again be factory-fitted to some models (in “pedestrian friendly” spring-loaded form) and this continued until 2005.

1958 Jaguar XK150 DHC (drop head coupé, left) and 1967 420G (right).

When in 1957 the Leaper appeared as an option on the XK150, Jaguar used the standard part fitted to the saloons but for the Mark X in 1961, a smaller version was cast, despite the car (stylistically something of a preview of the “fuselage” Chryslers of 1969) being the widest then produced in the UK (and it would remain so until 1992 when the company released the XJ220).  So, although the Leaper genuinely was smaller, the compression of relativities exaggerated the effect.  Jaguar took the opposite approach to Mercedes-Benz, the Germans creating a larger cartouche (the three-pointed star inscribed within a circle which sat atop the grill) for use on the big 600 Grosser (1963-1981).  What that did was maintain the relative dimensions familiar from the symbol’s use on smaller models.

Leaper on a US market 1999 Jaguar Vanden Plas (X308) which in the US market were fitted with the fluted grill used otherwise only on the Daimler variants.  The solid-timber picnic tables (a feature adored by the English middle class) were much admired.

The US market Vanden Plas models were the only Jaguars on which the Leaper was used in conjunction with the fluted grill fitted to the home market and RoW (rest of the world) Daimlers.  Because it was Mercedes-Benz and not Jaguar which after 1966 held the US rights to the Daimler brand, Daimlers since then sold in the US were badged as Jaguar Vanden Plas although they were otherwise identical to Daimlers including the fluted fittings.  The supercharged Daimler Vanden Plas was the most exclusive of the X308s and was noted for details such as the rear picnic tables being crafted from solid burl walnut timber rather than the veneer over plastic used on cheaper models.

1970 S2 Jaguar E-Type (top) from the "R2" run of 1000-odd (almost all of which were registered as 1971 models) with the Leaper badges on the flanks (left-side p/n BD35865 (left); right side p/n BD35866 (right)).  A Growler appeared in the front centre-bar (right).

The Series 2 E-Type (1968-1971) was marred by the clutter of bigger bumpers, protuberant headlight assemblies, badges and side-marker lights and so much did they detract from lovely, sleek lines of the Series 1 cars (1961-1967), bolting a luggage rack to the boot (trunk) lid probably seemed no longer the disfigurement it would once have been.  The disfigurement had begun with the transitional E-Types (the so-called 1.25 & 1.5 cars built in 1967) and indicate what would have been necessary to ensure post-1973 MGBs & MG Midgets conformed with the US headlight height stipulation.  It could have been done on the MGB but the shape of the Midget made the modification impossible (at least within aesthetic acceptability) but BL (British Leyland) took the cheaper route (always their preferred option) and raised the suspension height, compromising handling and lending the things a slight cartoonish quality but by then power had been so reduced by emission controls the view probably was handling prowess was no longer so important.  Remarkably, demand for both the by the antiquated MGB and Midget remained strong until sales finally ended in 1980.  The left-hand (left) and right-hand (right) fender badges, being directional, were different part numbers (BD35865 & BD35866 respectively) and those used on E-Types were silver on black whereas the variants used on the XJs were gold on black, some of which depicted the leaping feline at a slight slope, both matters of note for those wishing to restore cars to the challenging “factory original” standard.

1976 Jaguar XJC 4.2.

This XJC is one of many in the wild which, at some point, was fitted with a Leaper but it’s a shame whoever made the addition didn't at the same time remove the unfortunate vinyl roof.  Like the headlight covers sometimes added to the later (S1.25 & 1.5) S1 E-Types, removing an XJC's vinyl roof is one of the rare exceptions Jaguar's usually uncompromising originality police not only tolerate but encourage.  The Leaper badges on the flanks (behind the front wheel arch) were factory-fitted on the Series 1 (1968-1973) & Series 2 (1973-1979) XJs but whether on the XJ or E-Type were just disfiguring clutter and having them in silver & gold and with the feline sometimes at a different angle seems a minor but needless complication to the production process.

Still under the control of the doomed British Leyland, Jaguar lacked the resources fully to develop the XJC (1975-1998) and although it was displayed to much acclaim in 1973, not for another two seasons would it appear in showrooms, the programme starved of capital because greater priority was afforded to the XJ-S (1975-1996 and from 1991 officially “XJS”, a change most of the world informally had long adopted) which was thought a product with greater potential in the vital US market.  The XJC thus debuted with problems including (1) flawed sealing of the side windows which resulted in intrusive wind-noise, (2) a tendency of the doors to droop because, although longer and thus heavier than those of the four-door saloons, the same hinges were used and (3) the pillarless (ie a two-door hardtop) construction induced a slight flexing in the roof’s metal and while not a structural issue, because regulators had (quite sensibly) had lead removed from paint, the paint on the roof was prone to crazing.  The solutions (the development of exotic paint additives or re-designing the roof with heavier-gauge metal) would have been expensive and time-consuming so, in the British Leyland tradition, the Q&D (quick & dirty) approach was preferred and a vinyl roof was glued on but modern paints mean the ugly vinyl can now be removed so the roof’s lovely lines can be admired.

Jaguar’s cancelled Growler (left) and the new (EV-friendly) Leaper.  According to the MBAs, the message the Leaper conveys is: “Always leaping forward, it is a representation of excellence and hallmark of the brand.

The companion bad to the Leaper was the “Growler” which featured the head of a Jaguar, mid-growl.  There were over the years many version of the Growler and it appeared variously on trunk-lids, grills, steering wheel bosses and such.  Because as a fitting it was never rendered in a way likely to cause injury to pedestrians, it might have been supposed it wouldn’t be vulnerable to cancellation but it transpired the Growler poses a significant moral hazard, presumably on the basis that while the somehow sensuously feminine Leaper is acceptable, the Growler embodies toxic masculinity.  Whether Jaguar’s MBAs discovered this from focus groups or divined it from their own moral superiority hasn’t be revealed but in 2024 the company announced the Growler would not re-appear when the new range was launched in 2025.  Given the public response to the DEI (diversity, equity & inclusion) themed preview of the company's EV (electric vehicle) re-brand, the presence or not of the Growler may not be of great significance but a new expression of the Leaper, (with something of a stylistic debt to the IBM logo), would be included so there’s that.

1985 Jaguar XJ-SC with after-market large Leaper.  Because of regulations, US the market XJ-S used quad circular headlights rather than the twin oval units otherwise fitted and while many don't like them, the "four eyes" look was closer to Jaguar's traditions.

Leapers have been fitted to some XJ-S and XJSs where they really don’t belong, the factory never installing one.  If it’s done, the least-worse approach is to use the small Leaper from the Mark X/420G and remove the Growler badge (if fitted) while the WCS (worst case scenario) is to leave Growler in place and add a large Leaper which really is too much clutter; with pre-modern Jaguars, less usually is more.  Still, for those who insist, reproductions of the classic 4¾ inch (120 mm) feline predator are available and those manufactured by German Jaguar tuner Jochen Arden comply with the EU’s rigorous safety regulations in that maximum pedestrian impact protection is afforded by the design integrating both lateral and horizontal rotation of the assembly.  The part is supplied as a kit which includes adapter plates to suit a number of otherwise leaperless jags and, being German-made, there is of course a “lifetime corrosion warranty”, the small print limited to (1) rusty Leapers purchased after November 2011, (2) not damaged and (3) validity restricted to the original purchaser and presentation of the original invoice.

1988 Jaguar XJ-S V12 Convertible by Hess & Eisenhardt (left) and 1989 Jaguar XJ-S V12 Convertible (right).  Note the bulkier soft-top used by the factory, necessitated by retention of the coupé's fuel tank.  The after-market, anodized plastic fittings on the wheel arches are, on an XJ-S, as undesirable as a Leaper.

When introduced in 1975, the XJ-S was available only as a coupé, the prevailing feeling in industry it was only a matter of time until US regulators outlawed convertibles.  For a number of reasons, the ban was never imposed and by the 1980s toes were again being dipped in the topless market, Jaguar in 1982 releasing the XJ-SC which featured a targa-like structure somewhere between that used on the Triumph Stag (1970-1977) and the various landaulets with “fold-back” roofs.  It was thus not a true “convertible” and sales were disappointing, demand limited further by the thing being purely a two-seater, the rear compartment re-configured as a generously-sized storage apace.  The dealer-feedback (notably from the US) however indicated there would be demand for a convertible XJ-S, something confirmed by US specialists Hess & Eisenhardt selling some 2000 of the conversions fabricated between 1986-1988.  Accordingly, in 1988 the factory released an XJ-S convertible and although also a two-seater, it proved a great success.  Interestingly, the factory’s design almost replicated the approach earlier taken by Jochem Arden with most of the coupe’s components retained.  This did necessitate the soft-top not folding especially low, unlike the Hess & Eisenhardt cars although to achieve that, modifications were made to the fuel tank and among some that proved controversial.

1968 Mercury Cougar GT-E 428 in Augusta Green Poly (left) and 1968 Mercury Cougar GT-E 427 in Grecian Gold (right).  Other than the Jaguaresque iconography, about the only thing European about the Cougar was the use of the French spelling of “litre”.  Ford in 1966-1967 also used a “7 Litre” badge, for a model which was fitted variously with the 427 & 428 cubic inch (7.0 litre) FE V8s.  The interchangeable badges were probably not a cost-saving measure but may have been to avoid the complaints Shelby American received as a consequence of fitting both the 427 and the less robust 428 to AC Shelby Cobras universally badged as “427”.

1968 Mercury Cougar GT-E 427 in Grecian Gold (left side badge).

Ford's Mercury division also had a stylized feline, introduced in 1967 when the Cougar debuted.  Unlike Jaguar's symbol, the cougar wasn't leaping but was caught more in mid-prowl although Mercury's marketing department would probably have liked people to have thought of it like that; the Cougar was that sort of car.  Although in colloquial use, cougars are often referred to as “big cats”, in zoological taxonomy, felinologists restrict the “big cat” classification to the genus Panthera (lions, tigers, leopards, snow leopards & jaguars) and one defining feature of the Panthera cats is their ability to roar, made possible by a specific adaptation in the larynx and hyoid bone.  Lacking the anatomical feature, like cheetahs, cougars are not able to roar.  Often known as the mountain lion, puma, or Puma concolor, despite their size, the cougar is more closely related to smaller cats so it’s properly a “large” cat rather than a “big cat”.