Termagant

Termagant (pronounced tur-muh-guhnt)

(1) A mythical deity popularly believed in Medieval Christendom to be worshiped by Muslims and introduced into the morality play as a violent, overbearing personage in long robes (a proper noun and thus used with initial capital).

(2) A brawling, boisterous, and turbulent person or thing (archaic).

(3) A censorious, nagging, scolding and quarrelsome woman (not exactly synonymous with “harridan”, “virago” or “shrew” but with a similar flavor of disapprobation); for those who find some women worse than others, the comparative is “more termagant”, the superlative “most termagant”.

(4) The act of behaving violently; turbulent conduct.

Circa 1500: From the Middle English Termagaunt (one of the three fictitious deities (others being Apollin & Mahound) represented as being worshipped by Muslims; any pagan god), from the from the Anglo-Norman Tervagant, Tervagaunt & Tervagan and the Old French Tervagant & Tervagan, a name bestowed on a wholly fictitious Muslim deity, created by Christian polemicists to use in medieval morality plays as a symbol of the Islamic faith.  In the Old French, Tervagant was a proper name in the eleventh century chanson de geste (song of heroic deeds (from the Classical Latin gesta (deeds, actions accomplished)) Chanson de Roland (Song of Roland).  The epic poem is the oldest known work of substantial length in French still extant and was drawn from the exploits of the Frankish military commander Roland at the Battle of Roncevaux Pass (778) during the reign of Charlemagne (748–814; “Charles the Great” and (retrospectively) the first Holy Roman Emperor 800-814).  That the text (more correctly “texts” as a number of variants have been identified) survived to this day is accounted for by the work’s popularity; it was between the twelfth and sixteenth centuries among the most widely distributed pieces of literature in Medieval and Renaissance Europe.  The alternative spelling was termagant.  Termagant is a noun & adjective, termagancy & termagantism are nouns, termagantish is an adjective, and termagantly is an adverb; the noun plural is Termagants.

The ultimate origin of the word is a mystery but the most supported theory suggests the construct being based on the Latin ter (three times, thrice) (from the primitive Indo- European tréyes (three)) + vagāns (rambling, wandering) (present active participle of vagor (to ramble, roam, wander), from vagus (rambling, roaming, wandering) (the source of which may be the primitive Indo-European hwogos) + -or (an inflected form of -ō (the suffix forming regular first-conjugation verbs)).  Given that possible etymology, it’s argued the appearance of Termagant in Chanson de Roland as one of the three deities allegedly worshipped by Muslims was an allusion to the wandering of the moon (the crescent moon a well-known symbol of Islam) in the form of the mythological goddesses Selene in heaven, Diana on Earth, and Proserpina in the underworld.  The adjective was derived from the original proper noun, the sense of a “violent, overbearing person” (later applied especially to “difficult” women) evolving because Christian scribes always applied these characteristics to the figure; the meaning shift was thus a “partial transfer” in that the unpleasant personality was carried over to earthly flesh and blood with no suggestion of anything supernatural. 

Al Malik Al Ahmar (The Red Jinn-King) from an eighteenth century edition of the the Arabic manuscript of Kitab al Bulhan (Book of Wonders).

The Termagant was a wholly mythical deity invented by Christian writers in Middle Ages who claimed it was a figure worshiped by Muslims.  Depicted as a violent, overbearing personage in long robes, unlike a number of cross-cultural creations there was no figure which existed specifically in Islamic belief, theology, or folklore that could be said to be a model for the fanciful imaginings of Christian polemicists so it was “fake news” rather than a distorted version of a figure in what was in the West long called Mohammedanism (also a misleading tern because of the implication Muhammad is worshiped by Muslims; In Islam only Allah (God) is worshiped while Muhammad is venerated as His greatest prophet).  This was all part of Christianity’s misrepresentation of Islamic theology as not monotheist and thus in violation of first two of the Ten Commandments in the Old Testament’s Book of Exodus: (1) Thou shall worship no other Gods and (2) Thou shall not create false idols.  It was a blatant untruth because strictly Islam was tawḥīd (monotheistic) and explicitly proscribed even the suggestion of a pantheon of gods.  Unlike Christianity’s claims about Jesus Christ, the prophet Muhammad was never said to be divine and was never worshipped.  Thus, the so-called “Saracen trinity” in medieval texts has no basis in Islamic doctrine although that didn’t prevent the notion spreading and being believed and variants of the techniques of dissemination have since been practiced by propagandists such as priests and politicians.

An Islamic miniature (1595) depicting Iblīs (top right) plotting against Muhammad watching over a meeting by the leaders of the Quraysh discussing the second pledge at al-Aqabah, being spied on by the anti-Islamic zealot “the Monk” Abu ʿĀmir al-Rāhib, who is part of Iblīs' plan, New York Public Library collection.

It’s true that there were then (as there are now) in Islam many figures of authority cloaked in long, dark robes but that was true also of Christianity and other faiths.  By the late Middle Ages, even if the fake theology was proving unconvincing, the secular appeal of such a menacing figure was real and especially in English theatre (where there was often more leeway granted by the censors of church & state than elsewhere in Europe), the termagant evolved into a stock character: ranting, tyrannical, bombastic and often dressed in a costume of a type which late in the twentieth century the Palestinian-American academic Edward Said (1935–2003) in Orientalism (1978) identified as a clichéd “exoticized Eastern costume” (another Western construct).  Of Termagant Apollin & Mahound, although there are in the Islamic tradition no true analogues, there are figures (perhaps better thought of as “concepts”) in which there are vague or superficial resemblances to the stereotype although there was never a hint they should be worshiped.  The جنّ (Jinn) were supernatural beings made of “smokeless fire” and although some were rebellious or violent, depending on this and that, they might be benevolent, neutral, or malevolent but were certainly not deities to be worshipped and seem never to have been depicted as despotic tyrants in the theatrical sense of the Termagant of the Christian imagination.  Best known in the West was إبليس (Iblīs/Shayṭān (Satan)) who existed as the primary adversarial figure in Islam and one representing arrogance, rebellion, and temptation.  Iblīs however seems closer to the Christian Satan than a “false god”, not being nor portrayed as a blustering theatrical tyrant in robes.  Most interesting in the tradition were the طاغية (ẓālim; the tyrannical rulers), a crew made especially interesting in the last few months, following the ayatollahs’ recent bloody crackdown on the streets of Iran to ensure regime survival, the death-toll in January 2026 believed to have exceeded 30,000 and the author and public policy analyst Robert Templer (b 1966) has estimated that on at least two days that month, there were more were killed in state-sanctioned violence than on any day since the end of World War II (1939-1945), his calculations including the genocides in Cambodia, Rwanda and the Balkans.  The Qurʾān condemns unjust rulers (such as the Pharaohs) and to make the point, the ẓālim tended to be overbearing, violent and arrogant.  Those Iranians killed by the thousand while chanting “Death to the dictator!” would have recognized what the Qurʾān condemns but the pattern is known from history.

Lindsay Lohan (b 1986, right) with former special friend Samantha Ronson (b 1977, left).  The couple were a tabloid staple in 2008-2009 but at the time the question often asked was whether a relationship between one “quite termagant” and another “more termagant” could long be sustained.  As was predicted, things ended badly.  There seems no evidence there ever was a collective noun for Termagants.  If one is needed, it’s be something like a “tempest”, “scold”, “railing” or “fury” of termagants.

By March 1945, it was obvious to most in Berlin that the end was nigh and one individual brought to the attention of Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) a salient passage in his political manifesto Mein Kampf (1925-1926): “The task of diplomacy is to ensure that a nation does not heroically go to its destruction but is practically preserved.  Every way that leads to this end is expedient, and a failure to follow it must be called criminal neglect of duty.  State authority as an end in itself cannot exist, since in that case every tyranny on this earth would be sacred and unassailable.  If a racial entity is being led toward its doom by means of governmental power, then the rebellion of every single member of such a Volk is not only a right, but a duty.”  Unmoved, Hitler responded: “If the war is lost, the people will be lost also.  It is not necessary to worry about what the German people will need for elemental survival.  On the contrary, it is best for us to destroy even these things.  For the nation has proved to be the weaker, and the future belongs solely to the stronger eastern nation.  In any case only those who are inferior will remain after this struggle, for the good have already been killed.”  Presumably, Grand Ayatollah Ali Khamenei (1939-2026; Supreme Leader, Islamic Republic of Iran 1989-2026) would have concurred with the sentiments for, just as the Germans had “failed Hitler”, those Iranians chanting “Death to the dictator!” had failed him, thus the holy duty to kill them, not for a motive as base as “regime survival” but because the protesters were attacking Islam and thus Allah himself.  In the Supreme Leader’s theological construct, killing thousands in defense of God was not merely justified but an obligation.

Over time, in English, “a termagant” came to mean a scolding or overbearing person, a meaning wholly detached from its supposed origin in religion and under a number of influences, it came to be used mostly of women.  The most significant of these influences was literature and the stage, use shifting from elaborate epics about the crusades to popular entertainment.  As a constructed theological fiction Termagant was anyway perfect for the playwright and had it not existed it surely would have been created, violence, bluster, and irrational fury staples of drama.  For students of such things, the shift from the ranting tyrant to the “stock stage villain” was interesting because in the latter role the Termagant needed sometimes to be a comic character, bombastic and shouting with deliberate “overacting” often in the stage directions.

John Cleese (b 1939) and Andrew Sachs (1930-2016) in Basil the Rat (25 October, 1979) the final episode in the BBC comedy series Fawlty Towers (12 episodes in two series (1975 & 1979)).  It was the episode The Germans (24 October, 1975) in which the phrase "Don't mention the war" was introduced; it shows Basil Fawlty at his most termagant and in that case Shakespeare would have instructed Cleese to “out-herod Herod”.

So in early Modern English, the shift began from character to adjective and with the use in stage drama expanding during the sixteenth century, the transition accelerated.  When William Shakespeare (1564–1616) had Sir John Falstaff faking his own death (Act 5, Scene 4) in Henry IV, Part 1 (circa 1596), he spoke of the fierce Scottish rebel, Archibald, Earl of Douglas as “that hot termagant Scot” and by then there was no hint of any connection to alleged Islamic deities; it was just about the man’s turbulent, violet nature.  Shakespeare’s characters run the gamut of the human condition, something sometimes misunderstood by those who associate him only with what’s understood as “high culture”; one suspects Shakespeare would have been proud to have created a Basil Fawlty or J.R. Ewing but he knew that while “overacting” sometimes was essential for comic effect. otherwise it needed sedulously to be avoided. In his stage instructions for Hamlet (circa 1600) he cautioned the cast: “Oh, it offends me to the soul to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings, who for the most part are capable of nothing but inexplicable dumb-shows and noise: I would have such a fellow whipped for o'erdoing Termagant; it out-herods Herod: pray you, avoid it.”  That instruction also assumed a new life, appearing in modified form in All's Well That Ends Well (circa 1602) as “out-villain'd villainy” before in the 1800s “out-herods Herod” came widely to be used as a critique of any behaviour thought “excessive” and by then, in stage productions, “termagant” explicitly was invoked as verbal shorthand for the sort of strident ranting sometimes required.

Color plate of Sir John Falstaff by Giovan Battista Galizzi (1882-1963) from The Life and Death of Sir John Falstaff (1923, with an introduction by lawyer George Radford (1851-1917)).

Even before the scientific and technical advances of the last two centuries-odd led to a proliferation of creations, the English language's vocabulary was famously large and while some categories have been more more productive than others, few proved quite as imaginatively fecund as (1) coinings and re-purposings to describe female body parts and (2) terms with which to demonize or disparage women (termagant one of the latter).  After the dubious link with Islam had been discarded, termagant was understood as someone blustering, noisy and tyrannical; it was in the late sixteenth century there was a distinct gender shift and the word became specifically female, associated less with domineering violence and more with shrillness, emotional excess, and scolding, performed in a theatrical style that audiences coded as unseemly or grotesque, applying the word to “difficult” women in the world beyond.  It was a time of profound social and political change and as social norms in England hardened around ideals of female deference, obedience and modesty, the label migrated: While for men “termagant” had meant (depending on context) threatening or ridiculous, when applied to women it suggested social transgression.  It wasn’t quite Taliban-level repression but women with minds of their own were apt to be judged quarrelsome, overbearing and scolding, terms like “shrew” & “virago” becoming termagant’s companion terms.  At this point, lexical fossilization set in and by the mid-1700, the original sense (the fictional deity) had faded into obscurity with the meaning stabilized as “a domineering, bad-tempered woman”, thus the adjectival form “termagant behaviour”.  To etymologists, the long process was an interesting case study in that the mechanism of changed happened in phases, the theatrical and religious origins surviving only as residual footnotes while the metonymic shifts were driven by changing cultural norms, not grammatical rules.

The Royal Navy's Talisman-class destroyer, HMS Termagant, 1916.

It was of course a good name for a warship and between 1780 and 1965, the British Admiralty from time to time had seven HMS Termagants attached to the Royal Navy’s fleets, the last launched in 1943.  One with a vague connection to the original meaning was a Talisman-class destroyer, ordered originally by the Ottoman Empire but in 1915 requisitioned by the Admiralty (as HMS Narborough) before being renamed built HMS Termagant.  Despite the expectations of decades, World War I (1914-1918) was not a conflict of great naval clashes and although she took part in the Battle of Jutland (1916, which seemed at the time anti-climatic but was strategically decisive), her record was not illustrious and, sold for scrap in 1921, she was broken up two years later.

Anthony Albanese (b 1963; prime-minister of Australia since 2022, left) and his wife Jodie Haydon (b 1979, centre) with Grace Tame (b 1994; activist and advocate for survivors of sexual assault, right) in photo opportunity before a morning tea at the Lodge (the prime minister’s residence), Canberra, Australia, January, 2025.

The “Fuck Murdoch” T-Shirt she made famous was worn with a purpose.  Happy to discuss the provocative fashion piece, Ms Tame said the message wasn’t aimed just at media mogul Rupert Murdoch (b 1931) but rather the “obscene greed, inhumanity and disconnection that he symbolises, which are destroying our planet.  For far too long this world and its resources have been undemocratically controlled by a small number of morbidly wealthy oligarchs.  If we want to dismantle this corrupt system, if we want legitimate climate action, equity, truth, justice, democracy, peace, land back, etc, then resisting forces like Murdoch is a good starting point.  Speaking truth to power starts at the grassroots level with simple, effective messages. It’s one of my favourite shirts.”

A difficult woman's sceptical glance: Grace Tame (right) looking at Scott Morrison, Canberra, Australia, January 2022.

Ms Tame had previously provided photographers with some good snaps, most memorably her stony “side-eye” expression to Scott Morrison (b 1968; Australian prime minister 2018-2022), another politician she deemed not to have treated allegations of sexual assault and toxic workplace culture in federal parliament with sufficient seriousness, noting his casual dismissal of her as having “had a terrible life”.  Less than amused at some of the commentary about her sideways glance, she tweeted on X (the called Twitter) that some in the media appeared to have reduced the matter of survival from abuse to a culture “…dependent on submissive smiles, self-defeating surrenders and hypocrisy”, adding “What I did wasn’t an act of martyrdom in the gender culture war.”   Expanding things to a construct, she explained: “It’s true that many women are sick of being told to smile, often by men, for the benefit of men. But it’s not just women who are conditioned to smile and conform to the visibly rotting status-quo. It’s all of us.”

If Anthony Albanese didn't previously think Grace Tame was “a difficult woman”, he probably now does.

In Australian political discourse, “termagant” has not often been heard but ALP (Australian Labor Party) luminary Kim Beazley (b 1948) did in 2008 so label the Liberal Party’s Tony Abbott (b 1957; prime-minister of Australia 2013-2015); while a by then untypical use, it did prove the word was still used of men.  Unfortunately, that seems not to have stuck in the mind of mind of the ALP’s Anthony Albanese (b 1963; prime-minister of Australia since 2022) who, during a “rapid-fire word association game” at a function organized by Mr Murdoch’s News Corp, was prompted with “Grace Tame” to which he responded “difficult”.  The remarks were noted by Ms Tame who had in the past been critical of politicians who she claimed treated her as a “problem to be managed” rather than doing anything substantive to prevent sexual abuse or assist survivors.  Whether it would have been any better had he be called her “termagant” rather than “difficult” is debatable but at least the history of Mr Abbott being so labelled would have meant it could be argued it wasn’t a “gendered” word (the history of the last few centuries notwithstanding).  Probably the best choice for Mr Albanese would have been “formidable” in the sense of the French très formidable meaning something like “wonderful” or “terrific”, such a woman being une femme formidable.  Formidable was from the Middle English formidable, from the Old French formidable & formible, from the Latin formīdābilis (formidable, terrible), from formīdō (fear, dread); it was another example of a meaning shift.  In fairness to Mr Albanese, it was a spur-of-the-moment response to an unexpected prompt and, in an attempt to make things better, he explained: “I was asked to describe people in one word and Grace Tame you certainly can’t describe in one word.  She has had a difficult life, and that was what I was referring to.  If there was any misinterpretation, then I certainly apologise. I think that Grace Tame has taken what is personal trauma and that awful experience that she had and channelled that into helping, in particular, other young women, being a strong and powerful advocate, being quite courageous in the way that she has gone out there.”  That probably made things worse.  Unimpressed, Ms Tame (a most adept media player) issued a statement: “Spare me the condescension, old man”, suggesting Mr Albanese was paraphrasing Scott Morrison who’d once explained her attitude as the consequence of a “terrible life”.  Continuing her critique, she added: “We all know what you meant. A badge of honour anyway.  A confession that I’ve ruffled him.”  On social media, she found much support, one posting: “‘Difficult’ is the misogynist’s code for a woman who won’t comply.  History tends to call her ‘courageous’.”

Australian Femicide Watch's Difficult Woman T-shirt in red (also available in seven other colors.  The fingernail shape is a stiletto.

Ms Tame must have resisted the temptation to order a batch of “Fuck Albo” T-shirts which shows some generosity of spirit but the Australian Femicide Watch's Red Heart Movement is offering “Difficult Woman” T-shirts with Aus$5 from each sale donated to the Grace Tame Foundation.  The garments are made with 100% combed organic cotton grown without the use of herbicides or pesticides and certified as compliant to the GOTS (Global Organic Textile Standard).  Depressingly, Australian Femicide Watch tracks the death toll of women in Australia killed in “intimate partner violence”; in 2025 the rate was 1.44 per week and by the first week in April 2026, 1.23.

Crooked Hillary Clinton, the termagant of the last four decades.

Although it’s Donald Trump’s (b 1946; POTUS 2017-2021 and since 2025) “crooked” moniker which will forever be attached to crooked Hillary Clinton (b 1947; US secretary of state 2009-2013), more than most women who have dared trespass on the historic male preserve of politics, she has attracted gender-based terms of disparagement.  Not content only with words from English, Mr Trump also borrowed from Yiddish, referring to her failure to secure the Democrat nomination for the 2008 presidential election as having been “schlonged by Barack Obama” (b 1961; POTUS 2009-2017) in the primaries.  A schlong (from the Yiddish שלאַנג (shlang) (snake)) is “a penis” and usually carries the implication of “a big one” so his idea was one of “man beats woman”; as “woman beats man”, the closest companion term is “pussy whipped” which for men obviously is quite a put-down.  Crooked Hillary has also been called “a tough little termagant in a pantsuit”, “the virago of Pennsylvania Avenue”, “calculating”, “disingenuous”, “a radical feminist”, “a harridan” (a bossy or belligerent old woman), a “femocrat”, a “feminazi”, “a succubus” (a female demon who had sex with sleeping men”, “Lady Macbeth in a headband”, “Ms bad-hair day” and “a shrew”.  All very sexist of course and there also been a debate about whether she should be called a “habitual” or “pathological” liar but she really can’t complain about that; she has “a bit of previous”.

Surplus

Surplus (pronounced sur-pluhs)

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

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

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

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

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

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

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

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

Surplus Repression

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

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

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

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

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

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

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

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

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

Exquisite

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

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

(2) Extraordinarily fine or admirable; consummate.

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

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

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

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

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

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

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

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

1972 Lancia Fulvia 1600 HF Series II.  

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

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

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

The exquisite wimp: Baldur Benedikt von Schirach

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

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

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

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

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

Exquisite: A style guide

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

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

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

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

Unrestricted

Unrestricted (pronounced uhn-ri-strik-tid)

(1) Not restricted or confined.

(2) In the classification of documents, having no security classification.

1766: The construct was un-+ restrict + -ed.  The un- prefix was from the Middle English un-, from the Old English un-, from the Proto-West Germanic un-, from the Proto-Germanic un-, from the primitive Indo-European n̥-.  It was cognate with the Scots un- & on-, the North Frisian ün-, the Saterland Frisian uun-, the West Frisian ûn- &  on-, the Dutch on-, the Low German un- & on-, the German un-, the Danish u-, the Swedish o-, the Norwegian u- and the Icelandic ó-.  It was (distantly) related to the Latin in- and the Ancient Greek ἀ- (a-), source of the English a-, the Modern Greek α- (a-) and the Sanskrit अ- (a-).  The verb restrict was in use by at least the 1530s in the sense of “to limit, bound, confine (someone or something), prevent from passing a certain limit in any kind of action” and was from the Latin restrictus, past participle of restringere (bind fast, restrain) and perfect passive participle of restringō (draw back tightly; restrain, restrict), the construct being re- (back, again) + stringō (press, tighten, compress); as an adjective, it was a doublet of ristretto. By the eighteenth century, the word had come to be regarded as a Scotticism but the infection spread quickly to Standard English.  As the past-participle adjective from restrict (in the sense of “limited, confined”), restricted has become associated with the classification of government documents, in the sense of “not for public release”, use seems not to have been routine until 1944 when a system of classification was codified by the US government.  Prior to that, although restrictions of distribution were common, concepts such as “Restricted to [names or designations]”, “Secret”, “Top Secret” etc were used but there was no standardization within departments or even between branches of the military.  When used as a suffix to form possessional adjectives from nouns, -ed was from the Middle English -ed, from the Old English -od (the adjectival suffix), from the Proto-Germanic -ōdaz, from the primitive Indo-European -ehtos.  It was cognate with the Latin -ātus. 

Glory road: A “Derestricted” sign in Australia's Northern Territory from the days of “no speed limits”.

In use, the older adjectival use was simply “restrict” and although “unrestricted” would seem an absolute (ie something either is restricted or it is not), dictionaries confirm the comparative is “more unrestricted” and the superlative “most unrestricted” although at least one style guide notes those forms can be regarded in a similar way as “very unique” (ie technically incorrect but widely used and well-understood.  The related adverb “restrictedly” was and remains rare.  In the US, well into the twentieth century, the appearance of the word “restricted” in advertisements, signage and such was verbal shorthand for (depending on context and location): “No Jews”, “No coloreds” etc.  Although the words “unrestricted” & “derestricted” describe similar states, different histories are implied and that’s a product of the ways in which the absence of restrictions came about.  Unrestricted means literally “no restrictions” (access to something or somewhere; rights to engage in trade etc).  “Derestricted” means that previously restrictions must have been imposed but those have since been removed.  The use applies to document classifications and in the now rare cases of roads with no speed limits (although some of those were something of a linguistic outlier because in many cases they never had any restrictions to be derestricted.  For obvious reasons, in English, “unrestricted” is the more commonly used form.  Unrestricted, unrestrictive & unrestrictable are adjectives, unrestrictedness is a noun and unrestrictedly is an adverb.

1978 Mercedes-Benz 450 SEL 6.9 on the Northern Territory's derestricted roads.  Although the factory only ever claimed 225 km/h (140 mph), top speed of UK-delivered “Euro spec” 6.9 (ie one not fitted with the power-sapping anti-emission devices fitted to those built for sale in the US or Australia) turned out to be a verified 237 km/h (147 mph) which reflected the experience of European testers who achieved 238 km/h (148 mph) on the German Autobahns.  Unexceptional now, in such pace was in the 1970s a reasonable achievement for a heavy cruiser with pre-modern aerodynamics; at high-speed, the fuel consumption was awe inspiring.    

Idealistic lawyers (they do exist) and others have for centuries argued it is the existence of and adherence to laws which makes possible civilized societies, the alternative often expressed as “the law of the jungle”, best understood in the vernacular “kill or be killed” world in which life of man was “solitary, poor, nasty, brutish, and short”, memorably described in Leviathan (1651) by the very clever and deliciously wicked English philosopher Thomas Hobbes (1588-1679).  However, what the lawyers, at least privately, acknowledge is the extent of adherence to laws closely is tied to (1) their enforcement and (2) a layered system of punishments for transgressions.  In domestic legal systems, this is comprehended as the apparatus extending from receiving a fine for overstaying one’s time at a parking meter to being hanged for murder; the existence of laws does not prevent crime but the perception of the chance of detection and the subsequent penalty for many operates as a deterrent and the debates about relationship between certain penalties and their deterrent effect continue.

Mahan's The Influence of Sea Power upon History 1660-1783.  In the last decade of the nineteenth century, probably no book was more read in palaces, chancelleries & admiralties.

In war, although usually the opposing sides have geo-political objectives, for those doing the fighting, historically the business was about killing each other and in practice that of course quickly and understandably came to imply “by whatever means possible” but for many centuries there have been conventions which form of “rules of war”, the most celebrated the various chivalric codes (codified during of the Middle Ages) which sought to regulate the behaviour of soldiers, particularly towards civilians.  However, as US Navy Captain Alfred Mahan (1840–1914) pointed out in the epoch-making The Influence of Sea Power upon History, 1660–1783 (1890), it’s impossible by mere agreement to outlaw the use of a militarily effective weapon so is it any more plausible for a statute, treaty or agreement to limit “mission creep” in the methods?  Whatever knightly codes may have existed, there seems little doubt that on the battlefield (or the towns subject to rape & pillage) habits do tend towards “unrestricted warfare”, military historians and legal theorists often pondering whether in “existential conflicts”, law reasonably can be expected to retain its intended force.

In what was a rhetorical flourish rather than a substantive legal point, in the dock before the IMT (International Military Tribunal) which in 1945-1946 sat in Nuremberg to try 22 of the surviving senior Nazis, Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) claimed to be quoting Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) in citing: “In the struggle for life and death there is in the end no legality.”  Like William Shakespeare (1564–1616), a few phrases have been attributed to Churchill on the basis of “sounding Churchillian” and although there’s nothing in the record to support the case those exact words ever passed his lips, Göring’s paraphrase was not unreasonable.  After the fall of France in 1940, Churchill did make clear his view “there could be no justice if, in a mortal struggle, the aggressor tramples humanity while those resisting remain bound by violated conventions” by which he meant if the Nazis ignored international law, it was an absurdity for the Allies fully to remain constrained by it while fighting for their very survival.  Churchill was not advocating the rejection of established law as a principle; he was saying when a state faces the prospect of destruction at the hand of an enemy ignoring the accepted rules of war, strict legalism must not be allowed to prevent an effective defence.  That wasn’t a novel idea Churchill formed upon assuming the premiership.  Months earlier, when serving as First Lord of the Admiralty (minister for the navy), he’d discussed whether the UK should regard itself still restricted by the legal conventions Germany’s forces were ignoring: “The Germans have torn up the conventions and the usages of war.  We cannot allow ourselves to be bound by rules which the enemy does not observe if by doing so we place our country in mortal danger.”  While not exactly the words used by Göring in the dock, he captured the spirit of Churchill’s meaning.

Lindsay Lohan on the cover of Vogue Arabia, March 2026.  Among the topics raised in discussion about her not uneventful life was “…coming of age in the spotlight in a time of unrestricted paparazzi access and near-constant tabloid scrutiny.”

Of course on 15 March 1946, borrowing the thoughts of “…one of our greatest, most important, and toughest opponents…” to support his argument modern, industrial, total war had rendered irrelevant traditional legal restraints, he was still harbouring the (faint) hope he might escape the noose and thus has a good motive in seeking to undermine the moral authority of the tribunal by suggesting even Churchill had acknowledged that in existential war, legal rules collapse.  This was not the construction of legal theory in the abstract, just as Churchill was explaining the pragmatic nature of military necessity because as he pointed out: “without victory there is no survival” and were the UK unilaterally to obey the rules while its opponents did not, the nation might lose the war.  Neither man ever sought to maintain that in war laws vanish, only that as demanded in extraordinary and reprehensible circumstances, they may need to be ignored.  Essentially, Churchill was asserting he wasn’t prepared to behave with the propriety of Caesar’s wife while Göring cavorted with Caesar’s whores; with that the Reichmarshall gleefully would have agreed and although his hopes the tribunal might find his paraphrased defence exculpatory were by then faint indeed, he still had an eye on the figure he hoped to cut in the history books.  

The doctrine of military necessity of course dates from the first time some prehistoric character picked up a stick or rock to gain tactical advantage in an argument and despite the various codes of warfare promulgated over millennia by philosophers, priests and politicians, that doctrine survived into the age of musketry and later, atomic bombs.  It’s the Prussian general and military theorist Carl von Clausewitz (1780–1831) who often is quoted because, with his commendable economy of phrase, succinctly he explained why necessity so often prevails over legality in existential war.  In On War (1832), he observed “War is an act of force, and there is no logical limit to the application of that force” and, anticipating the idealists, added: “Kind-hearted people might of course think there was some ingenious way to disarm or defeat an enemy without too much bloodshed… Pleasant as it sounds, it is a fallacy.”  What Clausewitz called Kriegsräson (necessity in war) meant in practice was (1) war has an inherent tendency toward escalation, because each side must use whatever means are necessary to defeat the other and (2) “arms races” will tend to ensue.

Imperial Chancellor Theobald von Bethmann Hollweg in field uniform including the famous Prussian Pickelhaube (spiked helmet, the construct being Pickel (pimple, pickaxe) +‎ Haube (hood, cap)), Berlin, 1915.  Even when serving as chancellor (prime minister) von Bethmann Hollweg sometimes wore military uniform; Germans adore uniforms (note the jackboots).

Later in the century, German military jurists expressed this logic through the principle Kriegsräson geht vor Kriegsmanier (military necessity overrides the customary rules of war) by which they meant the laws and customs of war could be followed only to the extent adherence did not impose an unacceptable military cost; if survival (and in practice: “immediate advantage”) demanded those rules be violated, necessity prevails.  What was at the time the most outrageous admission of the application of the doctrine came in 1914 after Germany violated Belgium’s neutrality and was delivered by Theobald von Bethmann Hollweg (1856–1921) who between 1909-1917 served as one of a series of inadequate replacements of Otto von Bismarck (1815-1989; chancellor of the German Empire (the “Second Reich”) 1871-1890); imperial chancellor of the German Empire 1909-1917).  In what must remain among the more ill-advised statements delivered by a politician, von Bethmann Hollweg on 4 August 1914 stood in the Reichstag (lower house of the imperial parliament) and explained to assembled members the German war-plan required the army marching Belgium to attack France and that Germany being a signatory to the Treaty of London (1839) which guaranteed Belgium’s neutrality had been rendered irrelevant by military necessity, the always quoted passage being: “We are violating international law, but necessity knows no law.”  Not all historians agree Realpolitik held a greater fascination for Germans than others but for students of the art, the chancellor’s speech appears in just about every text-book on the subject.  Warming to his theme, when the British ambassador to Germany protested the violation, von Bethmann Hollweg responded it would be an absurdity were Britain to go to war “just for a scrap of paper” (that scrap being the treaty the Germans had in 1839 signed as co-guarantors of Belgian neutrality).  That cynical turn of phrase was echoed a generation later when, under cross-examination in the dock at Nuremberg, Göring almost gloatingly admitted he and the other leading Nazis had regarded the many treaties they’d signed as “just so much toilet paper.”

Like many a defendant, the defrocked Reichmarshall was at times evasive or dissembling but on the matter of the regime’s attitude to treaties, he was truthful.  A highlight of the 50^th birthday celebration for Joachim von Ribbentrop (1893–1946; Minister of Foreign Affairs of Nazi Germany 1938-1945) had been the presentation to the minister of a diamond-studded casket containing facsimiles of all the treaties he had signed during (his admittedly busy if not productive) tenure.  When one of his aides remarked that there were only “a few treaties we had not broken”, Ribbentrop was briefly uncertain how to react until he saw “…Hitler’s eyes filled with tears of laughter.”  It was said to be a good party which must have been welcome because by 1943 there wasn't much to celebrate in Berlin.  Like Göring, Ribbentrop, was convicted on all four counts (planning aggressive war, waging aggressive war, war crimes & crimes against humanity) and sentenced to be hanged; his life did end on the gallows, unlike Göring who, in circumstances never explained, cheated the hangman by taking poison.

Periscope cam: Footage of USN submarine strike on the Iranian Navy’s frigate IRIS Dena (released by the Pentagon (unclassified)).

One of the intriguing legal matters explored before the IMT was the matter of the lawfulness of “unrestricted submarine warfare” and those discussions were recalled when, early in March, 2026, the Pentagon announced a USN (US Navy) submarine had torpedoed and sunk the Iranian Navy’s IRIS Dena (a Moudge-class frigate) with the loss of more than half the ship’s compliment of 130-odd.  Pete Hegseth (b 1980; US Secretary of Defense (and War) since 2025) described the act as one of “quiet death” although that was a reference to the torpedo’s stealthy approach rather than the explosions which doomed ship and crew.  It was the USN’s first sinking of an enemy warship by torpedo since World War II (1939-1945) and because (1) the US and Iran undeniably are in a “state of armed conflict” (any legal distinction between that and “war” as traditionally defined ceasing decades earlier much to matter), (2) the Dena was a warship and (3) the action took place in international waters, the attack doubtlessly was within the rules of war and the reaction of Tehran in branding it an “atrocity at sea” was a political rather than legal claim.

Defendants in the dock, Nuremberg, 1946.  All were guilty of something and a dozen were sentenced to be hanged (including one in absentia) but the IMT acquitted three who subsequently were prosecuted by German courts.

What however remains of interest is the recent change in tactics by the US which now uses military-level missiles to target and sink what appear to be civilian vessels from Central America, the White House claiming the boats are being used to smuggle narcotics.  When considering the lawfulness of “unrestricted submarine warfare”, the IMT in 1946 held that while international law did limit the conduct of navies in their interactions with non-military (ie merchant craft, fishing boats etc) vessels, because the British merchantmen were from the beginning of the war armed and captains had been ordered by the Admiralty to if possible ram U-boats, they were not entitled to the warning provisions of the protocol.  Beyond that, with reference to the failure on the part of German U-boat (submarine) commanders to rescue their shipwrecked victims, the tribunal observed:

“The evidence further shows that the rescue provisions [of the Protocol] were not carried out and that the defendant [Großadmiral Karl Dönitz (1891–1980; head of the German Navy 1943-1945, German head of state 1945)] ordered that they not be carried out.  The argument of the defense is that the security of the submarine is, as the first rule of the sea, paramount to rescue and that the development of aircraft made rescue impossible.  This may be so, but the Protocol is explicit.  If the commander cannot rescue, then under its terms he cannot sink a merchant vessel and should allow it to pass harmless before his periscope.  These orders, then, prove Doenitz is guilty of a violation of the Protocol.”  Had the judgement at that point ended the legal position would have been clear in that having at least tacitly conceded the defense’s point that rescue was no longer practicable in light of the limitations of the submarine and modern technological developments, the use of submarines as commerce destroyers would have been deemed against international law.  However Doenitz’s counsel introduced evidence (including affidavits from Allied admirals) that the USN & Royal Navy had from the outbreak of hostilities also practiced the “unrestricted submarine warfare” of which the Germans were being accused and this was not a classic Tu quoque gambit (in international law, a justification of action based on an assertion that the act with which the accused is charged was also committed by the accusing parties.  It was from the Latin Tū quoque (translated literally as “thou also” and latterly as “you also”; the translation in the vernacular is something like “you did it too”, thus the legal slang “youtooism” & “whataboutyouism”)).  What counsel argued was that in practicing “unrestricted submarine warfare”, all navies were acting in accordance with international law because such law makes sense only if it is cognizant of the prevailing circumstances (ie reality).  The IMT’s judgement in the Doenitz case was difficult to read (it was only later it was revealed to have been written by a judge who voted for his acquittal) but what it said was (1) the defendant had violated the protocols which were the rules of international law as they at the time stood but (2) the nature of total war had so changed the reality of war at sea that those protocols were no longer law, rendered obsolete and thus defunct.  That was as close as the tribunal came to allowing a tu quoque defense.

Unclassified footage released by the Pentagon of one of dozens of strikes on alleged “narco-terrorist” boats by US Southern Command.  The video included a message from Secretary of War Pete Hegseth: “TO ALL NARCO-TERRORISTS WHO THREATEN OUT HOMELAND - IF YOU WANT TO STAY ALIVE, STOP TRAFFICKING DRUGS.”  As far as is known, in all cases of these strikes, all on board the boats were killed.

So, while the US military (and for this purpose that includes the Coast Guard, National Guard etc) have a free hand to attack on the high seas warships of a hostile combatant, does the doctrine of “unrestricted warfare” extend to civilian vessels allegedly being used for unlawful activities?  Legal scholars have explored this novel development (something genuinely new and introduced during the second administration of Donald Trump (b 1946; US president 2017-2021 and since 2025)) and the consensus seems to be sinking manned civilian vessel with missiles as an instance in peacetime law enforcement is of dubious legality unless strict conditions are met.  The first thing to consider is whether it’s a matter of (1) peacetime law enforcement in international waters (something governed by the UNCLOS (United Nations Convention on the Law of the Sea)), customary international law and any bilateral interdiction agreements and thus a criminal matter rather than an act of war or (2) armed conflict at sea (and thus coming under the laws of naval warfare) which depends of a “state of armed conflict” existing between sovereign states.

However, whichever is held to be operative, as a general principle, civilian vessels are protected from missile attacks and enjoy freedom of navigation (certainly on the high seas); forces from warships may board, inspect, and arrest, but not arbitrarily destroy and under the UNCLOS there are explicit provisions under which a warship can stop a vessel suspected of statelessness or certain crimes but use of force must be necessary and proportionate.  Conceptionally, the notion of “proportionality” is little different from what is the domestic law of many states concerning matters such as self-defense: (1) there is no reasonable alternative and (2) force must not exceed what is needed to achieve a lawful objective.  Because these are events happening “on the water” there are also “graduations” in the use of force which are unique to the nautical environment including signals and warnings, maneuvering to compel a stop, warning shots (the classic “shot across the bows”) and disabling fire.  When civilian vessels are involved, historically, only in extremis (presenting a clear & present threat) would lethal force be deemed appropriate.  In other words, using missiles, without warning, to sink a civilian vessel would, in the context of law enforcement, be thought “disproportionate” especially if the crew’s lives are put at serious risk (inherent in missile attacks).  That’s all based on the precept that whether on land or at sea, states are expected to respect the right to life under international human rights law.  Because the adoption of this technique was so sudden, legal theorists are still working through the implications but it would appear an extension of the concept of “unrestricted warfare” beyond military targets.