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

Saturday, November 2, 2024

Brat

Brat (pronounced brat)

(1) A child, especially one is ill-mannered, unruly, annoying, spoiled or impolite etc (usually used either playfully or in contempt or irritation, often in the phrase “spoiled brat”.

(2) As “military brat”, “army brat” etc, a child with one or more parent serving in the military; most associated with those moving between military bases on a short-duration basis; the derived form is “diplomatic brat” (child living with parents serving in overseas missions).

(3) In the BDSM (bondage/discipline, dominance/submission, sadism/masochism) community, a submissive partner who is disobedient and unruly (ie a role reversal: to act in a bratty manner as the submissive, the comparative being “more bratty”, the superlative “most bratty”).

(4) In mining, a thin bed of coal mixed with pyrites or carbonate of lime.

(5) A rough makeshift cloak or ragged garment (a now rare dialectal form).

(6) An apron fashioned from a coarse cloth, used to protect the clothing (a bib) (a now obsolete Scots dialect word).

(7) A turbot or flatfish.

(8) The young of an animal (obsolete).

(9) A clipping of bratwurst, from the German Bratwurst (a type of sausage) noted since 1904, from the Middle High German brātwurst, from the Old High German, the construct being Brāt (lean meat, finely shredded calf or swine meat) + wurst (sausage).

(10) As a 2024 neologism (technically a re-purposing), the qualities associated with a confident and assertive woman (along the lines of the earlier “bolshie woman” or “tough broad” but with a more overtly feminist flavor).

1500–1520: Thought to be a transferred use (as slang for “a beggar's child”) of the early Middle English brat (cloak of coarse cloth, rag), from the Old English bratt (cloak) of Celtic origin and related to the Old Irish brat (mantle, cloak; cloth used to cover the body).  The origin of the early Modern English slag use meaning “beggar's child” is uncertain.  It may have been an allusion, either to the contemporary use meaning “young of an animal” or to the shabby clothing such a child would have worn", the alternative theory being some link with the Scots bratchet (bitch, hound).  The early sense development (of children) may have included the fork of the notion of “an unplanned or unwanted baby” (as opposed to a “bastard” (in the technical rather than behavioral sense)) had by a married couple.  The “Hollywood Brat Pack” was a term from the mid-1980s referring to a grouping of certain actors and modeled on the 1950s “Rat Pack”.  The slang form “brattery” (a nursery for children) sounds TicTokish but actually dates from 1788 while the generalized idea of “spoiled and juvenile” became common in the 1930s.  The unrelated use of bratty (plural bratties) is from Raj-era Indian English where it describes a cake of dried cow dung, used for fuel.  Brat is a noun, verb & adjective, brattishness & brattiness are nouns, bratting & bratted are verbs, brattish & bratty are adjectives and brattily is an adverb; the noun plural is brats.

LBJ, the "Chicken Tax" and the Subaru BRAT

Subaru Brat, advertising in motion (US).

The Subaru BRAT was (depending on linguistic practice) (1) a coupé utility, (2) a compact pick-up or (3) a small four wheel drive (4WD) ute (utility).  The name was an acronym (Bi-drive Recreational All-terrain Transporter), the novel idea of “bi-drive” (4WD) being the notion of both axles being driven, something dictated by the need to form the acronym.  Bi-Drive Recreational All-Terrain Transporter” certainly was more imaginative (if opportunistic) than other uses of BRAT as an acronym which have included: ”Behaviour Research And Therapy” (an academic journal), “Bananas, Rice, Applesauce and Toast” (historically a diet recommended for those with certain stomach disorders), “Brush Rapid Attack Truck” (a fire-fighting vehicle), “Basenji Rescue and Transport” (a dog rescue organization), “Behavioral Risk Assessment Tool” (used in HIV/AIDS monitoring), Beautiful, Rich and Talented (self-explanatory), the “Bureau de Recherche en Aménagement du Territoire” (the Belgium Office of Research in Land Management (in the French)), “Beyond Line-Of-Sight Reporting and Tracking” (a US Army protocol for managing targets not in visual range) and “Battle-Management Requirements Analysis Tool” (a widely used military check-list, later interpolated into a BMS (Battle Management System).

Ronald Reagan on his Santa Barbara ranch with Subaru BRAT.  Like many owners who used their BRATs as pick-up trucks, President Reagan had the jump seats removed.

Built on the platform of the Leone (1971-1994) and known in some markets also as the MV Pickup, Brumby & Shifter, the BRAT was variously available between 1978-1994 and was never sold in the JDM (Japanese domestic market) although many have been “reverse imported” from Australia and the US and the things now have a cult following in Tokyo.  The most famous BRAT owner was probably Ronald Reagan (1911-2004; US president 1981-1989) who kept a 1978 model on his Californian ranch until 1988, presenting something of a challenge for his Secret Service detail, many of whom didn’t know how to drive a stick-shift (manual transmission).  That though would have been less frightening than the experience of many taken for a drive by Lyndon Johnson (LBJ, 1908–1973; US president 1963-1969) in the Amphicar 770 (1961-1965) he kept at his Texas ranch.  LBJ suddenly would turn off the path, driving straight into the waters of the dam, having neglected to tell his passengers of the 770’s amphibious capabilities.

Of physics.  Those familiar Sir Isaac Newton's (1642–1727) First Law of Motion (known also as the Law of Inertia"An object at rest will remain at rest, and an object in motion will continue in motion with the same speed and in the same direction unless acted upon by an unbalanced external force") can ponder the possibilities.

The Subaru BRAT is remembered also as a “Chicken Tax car”.  Tax regimes have a long history of influencing or dictating automotive design, the Japanese system of displacement-based taxation responsible for the entire market segment of “Kei cars” (a clipping of kei-jidōsha (軽自動車) (light automobile), the best known of which have been produced with 360, 600 & 660 cm3 (22, 37 & 40 cubic inch) engines in an astonishing range of configurations ranging from micro city cars to roadsters and 4WD dump trucks.  In Europe too, the post-war fiscal threshold resulted in a wealth of manufacturers (Mercedes-Benz, Jaguar, BMW, Ford, Maserati, Opel et al) offering several generations of 2.8 litre (171 cubic inch) sixes while the that imposed by the Italian government saw special runs of certain 2.0 litre (122 cubic inch) fours, sixes & even V8s.  The US government’s “Chicken Tax” (a part of the “Chicken War”) was different in that it was a 25% tariff imposed in 1963 by the Johnson administration on potato starch, dextrin, brandy and light trucks; it was a response to the impost of a similar tariffs by France and the FRG (Federal Republic of Germany, the old West Germany) on chicken meat imported from the US.

Subaru BRAT in use.

The post-war development in the US of large scale, intensive chicken farming had both vastly expanded production of the meat and radically reduced the unit cost of production which was good but because supply quickly exceeded the demand capacity of the domestic market, the surplus was exported, having the effect in Europe of transforming chicken from a high-priced delicacy to a staple consumer protein; by 1961, imported US chicken had taken some 50% of the European market.  This was at a time when international trade operated under the General Agreement on Tariffs and Trade (the GATT (1947)) and there was nothing like the codified dispute resolution mechanism which exists in the rules of the successor World Trade Organization (the WTO (1995)) and the farming lobbies in Germany, France and the Netherlands accused the US producers of “dumping” (ie selling at below the cost of production) with the French government objecting that the female hormones US farmers used to stimulate growth were a risk to public health, not only to those who ate the flesh but to all because nature of the substances was such that a residue enter the water supply.  The use of the female hormones in agriculture does remains a matter of concern, some researchers linking it to phenomena noted in the last six decades including the startling reduction in the human male's sperm count, the shrinking in size of the penises of alligators living in close proximity to urban human habitation and early-onset puberty in girls.

Subaru BRAT Advertising (US).

Eventually, the tariffs on potato starch, dextrin and brandy were lifted but the protection for the US truck producers remained, triggering a range of inventive “work-arounds” concocted between various engineering and legal offices, most of which involved turning two-seater trucks & vans into vehicles which technically could quality as four-seaters, a configuration which lasted sometimes only until the things reached a warehouse where the fittings could be removed, something which would cost the Ford Motor Company (one of the corporations the tax had been imposed to protect) over US$1 billion in penalties, their tactics in importing the Transit Connect light truck from Turkey (now the Republic of Türkiye) just too blatant.  In New Zealand, in the mid 1970s, the government found the “work-arounds” working the other way.  There, changes had been implemented to make the purchase of two seater light vans more attractive for businesses so almost instantly, up sprang a cottage industry of assembling four-door station wagons with no rear seat which, upon sale, returned to the workshop to have a seat fitted.  Modern capitalism has always been imaginative.

Subaru "Passing Lamp" on Leone 1600 GL station wagon (optional on BRATs, 1980-1982).

In Fuji Heavy Industries’ (then Subaru’s parent corporation) Ebisu boardroom, the challenge of what probably was described as the “Chicken Tax Incident” was met by adding to the BRAT two (the frame welded to the cargo bed) plastic, rear-facing jump seats, thereby qualifying the vehicle as a “passenger car” subject in the US only to a 2.5 and not a 25% import tax.  Such a “feature” probably seems strange in the regulatory environment of the 2020s but there was a time when there was more freedom in the air.  Subaru’s US operation decided the BRAT’s “outdoor bucket seats” made it an “open tourer” and slanted the advertising thus, the model enjoying much success although the additional seating wasn’t available for its final season in the US, the BRAT withdrawn after 1987.  Another nifty feature available on the BRAT between 1980-1982 was the “Passing Lamp” (renamed “Center Lamp” in 1982 although owners liked “Third Eye” or “Cyclops”), designed to suit those who had adopted the recommended European practice of flashing the headlights (on high beam) for a second prior to overtaking.  The BRAT was not all that powerful so passing opportunities were perhaps not frequent but the “passing lamp” was there to be used if ever an even slower car was encountered.  The retractable lamp was of course a complicated solution to a simple problem given most folk so inclined just flash the headlights but it was the sort of fitting with great appeal to men who admire intricacy for its own sake.

Brat: Charli XCX's Summer 2024 album

Charli XCX, BRIT Awards, O2 Arena,  London, February 2016; the "BRITs" are the British Phonographic Industry's annual popular music awards.

“Brat” has been chosen by the Collins English Dictionary as its 2024 Word of the Year (WotY), an acknowledgement of the popular acclaim which greeted the word’s re-purposing by English singer-songwriter Charli XCX (the stage-name of Charlotte Emma Aitchison (b 1992)) who used it as the title for her summer 2024 album.  The star herself revealed her stage name is pronounced chahr-lee ex-cee-ex; it has no connection with Roman numerals and XCX is anyway not a standard Roman number.  XC is “90” (C minus X (100-10)) and CX is “110” (C plus X (100 +10)) but XCX presumably could be used as a code for “100” should the need arise, on the model of something like the “May 35th” reference Chinese Internet users used to use in an attempt to circumvent the CCP's (Chinese Communist Party) "Great Firewall of China" when speaking of the “Tiananmen Square Incident” of 4 June 1989.  In 2015, Ms XCX revealed “XCX” was an element of her MSN screen name (CharliXCX92) when young (it stood for “kiss Charli kiss”) and she used it on some of the early promotion material for her music.

Charli XCX with Brat album (vinyl pressing edition) packaging in "brat green".

According to Collins, the word “resonated with people globally”.  The dictionary had of course long had an entry for the word something in the vein of: “someone, especially a child, who behaves badly or annoys you”, but now it has added “characterized by a confident, independent, and hedonistic attitude”.  In popular culture, the use spiked in the wake of the album's released but it may be “brat” in this sense endures if the appeal is maintained, otherwise it will become unfashionable and fade from use, becoming a “stranded word”, trapped in the time of its historic origin.  So, either it enters the vernacular or by 2025 it will be regarded as “so 2024”.  The lexicographers at Collins seem optimistic about its future, saying in the WotY press release that “brat summer has established itself as an aesthetic and a way of life”.

Lindsay Lohan in Jil Sander (b 1943) "brat green" gown, Disney Legends Awards ceremony, Anaheim, Los Angeles, October 2024.  For anyone wanting to describe a yellowish-green color with a word which has the virtues of (1) being hard to pronounce, (2) harder to spell and (3) likely to baffle most of one’s interlocutors, there’s “smaragdine” (pronounced smuh-rag-din), from the Latin smaragdinus, from smaragdus (emerald), from the Ancient Greek σμάραγδινος (smáragdinos), from σμάραγδος (smáragdos).

The “kryptonite green” used for Brat’s album’s packaging seems also to have encouraged the use in fashion of various hues of “lurid green” (the particular shade used by Ms XCX already dubbed “brat green” although some which have appeared on the catwalks seem more of a chartreuse) and an online “brat generator” allowed users replicate the cover with their own choice of words.  The singer was quite helpful in fleshing out the parameters of the aesthetic, emphasizing it didn’t revolve around a goth-like “uniform” and nor was it gender-specific or socially restricted.  In an interview with the BBC, Ms XCX explained the brat thing was a spectrum condition extending from “luxury” to “trashy” and was a thing of attitude rather than accessories: “A pack of cigs, a Bic lighter, and a strappy white top with no bra.  That’s kind of all you need.”  Although gender-neutral, popular use does seem to put the re-purposed “brat” in the tradition of the earlier “bolshie woman” or “tough broad” but with a more overtly feminist flavor, best understood as “the qualities associated with a confident and assertive woman”.  In its semantic change, “brat” has joined some other historically negative words & phrases (“bitch”, “bogan”, the infamous “N-word” et al) which have been “reclaimed” by those at whom the slur was once aimed, a tactic which not only creates or reinforces group identity but also weaponizes what used to be an insult so it can be used to return fire.

Thursday, October 24, 2024

Consigliere

Consigliere (pronounced kawn-see-lye-re)

(1) A member of a criminal organization or syndicate who serves as an adviser to the leader (associated historically with legal advisors in the Italian Mafia and similar structures in other places).

(2) In modern use, an advisor or confidant.

(3) A surname of Italian origin (originally occupational).

1969 (in common use in English): An un-adapted borrowing of the Italian consigliere (councilor) (the feminine form consigliera), from consiglio (advice; counsel), from the Latin cōnsilium (council) from cōnsulō, the construct being con- (from the preposition cum (with), from the Old Latin com, from the Proto-Italic kom, from the primitive Indo-European óm (next to, at, with, along).  It was cognate with the Proto-Germanic ga- (co-), the Proto-Slavic sъ (with) and the Proto-Germanic hansō.  It was used with certain words to add a notion similar to those conveyed by with, together, or joint or with certain words to intensify their meaning) + sulo (from the primitive Indo-European selh- (to take, to grab)). + -ium (the –ium suffix (used most often to form adjectives) was applied as (1) a nominal suffix (2) a substantivisation of its neuter forms and (3) as an adjectival suffix.  It was associated with the formation of abstract nouns, sometimes denoting offices and groups, a linguistic practice which has long fallen from fashion.  In the New Latin, as the neuter singular morphological suffix, it was the standard suffix to append when forming names for chemical elements).  Consigliere is a noun, the noun plural is consiglieri or (in English) consiglieres.

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.

Consigliere entered general use in 1969 when it appeared in the novel The Godfather by Mario Puzo (1920–1999), the first of what became a series of five (not wholly sequential and the last co-authored) works revolving around a fictional Italian-American Mafia family.  Use spiked after 1972 when the first of three feature film adaptations was released.  Advisors and confidants of course exist in many parts of society but the significance of the use of “consigliere” is the historic baggage of it being associated with mafiosi (in the Italian Code of Criminal Procedure anyone a part of a criminal (mafia-like) association formed by three or more individuals).  So it’s a loaded word although in Italian there are notionally innocuous forms including consigliere comunale (town councillor), consigliere delegato (managing director) and consigliere d'amministrazione (board member).  It Italian, the related forms include the adjective consigliabile (advisable, the plural being consigliabili), the transitive verb consigliare (to advise, to suggest, to recommend, to counsel), the noun & verb consiglio (advise, counsel; council (in the senses of "an assembly", the plural being consigli)) and the adjective (and in Latin a verb) consiliare (board; council (as la sala consiliare used in the sense of "council chamber")

So a consigliere is a trusted advisor or counselor, historically associated with the Italian Mafia but later also with organized crime in general though the suggestion of a link with things Italian (not necessarily Sicilian) remained strong.  Within organized crime, not all consiglieri were legal advisors although in fiction that does seem to be a common role but all in some way offered “behind the scenes” strategic guidance.  Consigliere can be used metaphorically in a non-criminal context but because of connotations, if the individuals involved have some Italian ancestry, there can lead to accusations of “ethnic stereotyping” and the best neutral descriptors are probably adviser (or advisor) or councillor (counselor in US use) and there are also specific versions such as “legal counsel” “political advisor” etc.

Consulente di moda Kim Kardashian (left) with the client Lindsay Lohan (right).  The consulente di moda (fashion advisor) is a specialized fork of the consiglieri and before she became one of the internet’s more remarkable installations, Kim Kardashian (b 1980) was a “personal stylist” & “wardrobe consultant”, her clients including Paris Hilton (b 1981) and Lindsay Lohan (b 1986).

There are similar terms with their own connotations.  "Camarilla" describes a small, secretive group of advisors or influencers who manipulate decisions behind the scenes and is often used in a political context; notable members can be described as an “éminence grise”.  The term "grey eminence" was from the French éminence grise, (plural eminences grises or eminence grises and literally “grey eminence” and the French spelling is sometimes used in the English-speaking world).  It was applied originally to François Leclerc du Tremblay (1577–1638), also known as Père Joseph, a French Capuchin friar who was the confidant and agent of Cardinal Richelieu (1585–1642), the chief minister of France under Louis XIII (1601–1643; King of France 1610-1643).  The term refers to du Tremblay’s influence over the Cardinal (cardinals in the Roman Catholic Church enjoying the honorific “your eminence”), and the colour of his habit (he wore grey).  Aldous Huxley (1894–1963) sub-titled his biography of Leclerc (L'Éminence Grise (1941)): A Study in Religion and Politics and discussed the nature of both religion & politics, his purpose being to explore the relationship between the two and his work was a kind of warning to those of faith who are led astray by proximity to power.  Use of the term éminence grise suggests a shadowy, backroom operator who avoids publicity, operating in secret if possible yet exercising great influence over decisions, even to the point of being “the power behind the throne”.

In this a gray eminence differs from a king-maker or a svengali in that those designations are applied typically to those who operate in the public view, even flaunting their power and authority.  Probably the closest synonym of the grey eminence is a “puppetmaster” because of the implication of remaining hidden, and although never seen, the strings they pull are if one looks closely enough.  The svengali was named for the hypnotist character Svengali in George du Maurier’s (1834–1896) novel Trilby (1894); Svengali seduced, dominated and manipulated Trilby who was a young, half-Irish girl, transforming her into a great singer but in doing so he made her utterly dependent on him and this ruthlessly he exploited.

From the New York Post, 23 October 2024.

So given all that it was interesting in October 2024 to note the choice of words made by elements of the Murdoch press in reporting the latest legal setback suffered by Rudy Giuliani (b 1944), a politician and now disbarred (struck-off) attorney who first achieved worldwide fame was the mayor of New York City (1994-2001) at the time of the 9/11 terrorist attacks on the World Trade Center.  That later would be turned into infamy with antics such as his later (unintended) cameo in a satirical film and his role as legal counsel to MAGA-era (Make America Great Again) Donald Trump (b 1946; US president 2017-2021), notably his part in the matter of Dominion Voting Systems v Fox News (Delaware Superior Court: N21C-03-257; N21C-11-082) which culminated (thus far) in Fox settling the matter by paying Dominion some US$790 million, the alternative being to continue the case and allow more of Fox’s internal documents to enter the public domain.

In choosing to describe Mr Giuliani as Mr Trump’s “consigliere”, a person or persons unknown within the Murdoch press presumably pondered which noun to use and there certainly were precedents for others to appear, the corporation’s outlets at times having previously described him as “Mr Trump’s personal attorney”, “Head of the Trump legal team” and even “Donald Trump’s cybersecurity advisor”, the last engagement perhaps one of the less expected political appointments of recent decades.  What of course made the use “consigliere” interesting was (1) Mr Giuliani being the son of parents who both were children of Italian immigrants and (2) Mr Trump being a convicted felon so those not of a generous nature might suspect the New York Post was doing a bit of “ethnic stereotyping”.  However, it’s not a unique use because Mr Giuliani has been described as Mr Trump’s “consigliere” by publications which exist at various points on political spectrum including the New York Post (2016), Aljazeera (2018), the Washington Blade (a LGBTQQIAAOP newspaper) (2019), The Economist (2019), the Washington Post (2019), The Nation (2022), Vanity Fair (2022) and Salon.com (2023).  Whether the connotations of the word have become strengthened since Mr Trump gained his unique status as a convicted felon can be debated but the thoughts of the now homeless Mr Giuliani presumably are focused elsewhere.

Thursday, October 10, 2024

Malevolent, malicious & malignant

Malevolent (pronounced muh-lev-uh-luhnt)

(1) Wishing evil or harm to another or others; showing ill will; ill-disposed; malicious.

(2) Evil; harmful; injurious.

(3) In astrology, a force evil or malign in influence.

1500–1510:  From the Middle English malevolent (suggested by Middle English malevolence (analyzed of late as “male violence”)), from the Old French malivolent and the Latin malevolentem, the construct being male (badly, ill, wrongly) + volens (wanting, willing, wishing”), the present participle of velle (to want, wish for, desire).  The most commonly used form in Latin appears to have been malevolēns (ill-disposed, spiteful).  Upon entering English in the sixteenth century, the word retained this sense of ill will or harmful intent.  The adjective malevolent (having an evil disposition toward another or others, wishing evil to others) dates from the early sixteenth century while the noun malevolence (the character of being ill-disposed toward another or others; ill-will, malice, personal hatred) was in use by the mid-fifteenth, from the Old French malevolence and directly from Latin malevolentia (ill-will, dislike, hatred), from malevolentem (nominative malevolens) (ill-disposed, wishing ill, spiteful, envious).  The antonym is benevolent and the usual negative forms are unmalevolent & non-malevolent.  Malevolent is an adjective, malevolence is a noun and malevolently is an adverb; the noun plural malevolences.

The writings of Russian-American author & mystic Helena Petrovna Blavatsky (often styled Madame Blavatsky (1831-1891; co-founder of the Theosophical Society (1875)) were in the nineteenth century influential in non-mainstream theology and philosophy circles.  Her work included exploring "the horrifying principles and malignant influence of the Society of Jesus [the Jesuit Order, a Roman Catholic cult] are brought out in the open for all to see, hitherto secret ciphers of the so-called higher Masonic degrees revealed, examples of Jesuit cryptography exposed, and a High Mason’s critical strictures upon Masonry itself articulated.   In July 1773, Clement XIV (1705–1774; pope 1769-1774), acting on a request from many governments disturbed by the Jesuits’ plotting and scheming, issued the brief Dominus ac Redemptor (Lord and Redeemer) which dissolved the cult.  However, the Jesuits went underground and conducted a masonic-like infiltration of the Church which culminated in the pressure exerted on Pius VII (1742–1823; pope 1800-1823) who in 1814 issued the papal bull Sollicitudo omnium ecclesiarum (The care of all Churches) allowing the order to be re-established and resume its Masonic ways.

Malicious (pronounced muh-lish-uhs)

(1) Full of, characterized by, or showing malice; intentionally harmful; spiteful.

(2) In common law jurisdictions, vicious, wanton, or mischievous in motivation or purpose (often in statute as an “aggravating circumstance”).

(3) In common law jurisdictions as malicious prosecution, an intentional tort which arises from a party (1) intentionally and maliciously instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the other party.  It belongs sometimes to the class of actions called “abuse of process”.

(4) In common law jurisdictions as “malicious prosecution”, a common law intentional tort which arises from a party (1) intentionally and maliciously instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the other party.

(5) In common law jurisdictions as “malicious mischief”, the willful, wanton, or reckless destruction of the personal property of another occasioned by actual ill will or resentment toward the owner or possessor of such property.

1175–1225: From the Middle English malicious (which may have existed in the Old English as malicius but this is contested), from the Old French malicios (showing ill will, spiteful, wicked (which persists in Modern French as malicieux)) from the Latin malitiōsus (wicked, malicious), the construct being maliti(a) (badness; ill will; spite), from malus (bad; evil) + -osus.  In Latin, the -ōsus suffix was added to a noun to form an adjective indicating an abundance of that noun.  The Middle English form displaced the earlier native Middle English ivelwilled & ivelwilly (malicious), both related to the Old English yfelwillende (literally “evil-willing”).  In early fourteenth century Anglo-French legal language, it meant “characterized by malice prepense”, essentially little different from the sense “malicious” today enjoys in statute in common law jurisdictions.  The adverb maliciously (in a spiteful manner, with enmity or ill-will) emerged in the late fourteenth century while the noun maliciousness (extreme enmity or disposition to injure; actions prompted by hatred) was in use a few decades later.  The spelling malitious is obsolete.  The usual negative forms are non-malicious & unmalicious but lexicographers note also the use of semi-malicious & quasi-malicious, forms adopted presumably when some nuance of the evil done seems helpful.  At the other end of the scale of maliciousness, the comparative is more malicious and the superlative most malicious.  Malicious is an adjective, maliciousness is a noun and maliciously is an adverb.

Malignant (pronounced muh-lig-nuhnt)

(1) Disposed to cause harm, suffering, or distress deliberately; feeling or showing ill will or hatred.

(2) Very dangerous or harmful in influence or effect.

(3) In pathology, tending to produce death.

(4) In medicine (usually of cells or a tumor), characterized by uncontrolled growth; cancerous, invasive, or metastatic.

1540s: From the Middle French malignant, from the Late Latin malignantem (nominative malignans) (acting from malice), stem of malignāns, present participle of malignāre (to act maliciously; to behave with malign intent) and malignō (to malign, viciously to act).  The English malign (evil or malignant in disposition, nature, intent or influence) was from the Middle English maligne, from the Old French maligne, from the Latin malignus, the construct being malus (bad) + -gnus (born), from gignere (to bear, beget) from the primitive Indo-European root gene- (give birth, beget).  In medicine (of tumors and such), the antonym is “benign” but non-malignant & unmalignant both exist as does semi-malignant which sounds strange to non-clinical ears but which is used apparently with the sense of “not very malignant”, presumably something of a comfort to a patient.  The most commonly distinction in medicine seems to be between “malignant” and “benign” and this provide the author Evelyn Waugh (1903-1966) with one of his better jabs.  Learning that the notoriously obnoxious Randolph Churchill (1911-1968) had been operated on after a tumor was found, when told it had been removed and sent for an analysis which proved it “benign”, he observed: “What a miracle that modern medicine could find the only part of Randolph that is not malignant and then remove it. Malignant is an adjective, malignancy & malignance are nouns, malignantly is an adverb; the noun plural is malignancies.

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

The word entered the medical jargon in the 1560s but the earlier use was as a theological slur, the Church describing as malignant “those damnable followers of the antichrist” in the ecclesiam malignantum (best translated as “Church of the Wicked”), a concept found in many writings in early Christian thought, particularly among certain groups that emphasized the contrast between the true, faithful Church and those who they believed were corrupt or evil within the broader Christian community.  The theme continues to this day and can be identified as the source of many schisms and internecine conflicts within and between many religions.  The term existed in a number of Latin Christian writings, often linked to Augustinian theology.  Saint Augustine of Hippo (354–430), in his work attacking the Donatists (a Christian sect which in the fourth century forced a schism in the Church of Carthage) referenced the ecclesia malignantium to describe those within the Church who were corrupt or sinful, in contrast to the ecclesia sancta (the holy Church).  It was Augustine who constructed the influential doctrine that while within the Church, there could be both saints and sinners, ultimately the Church itself remained holy, an interesting proto-structralism upon which churches of many denominations to this day fall back upon in their handling of clerical scandals.

The ecclesia malignantium were used metaphorically to contrast the “true” Church (those who genuinely followed Christ) with those who may have been Christian in name but acted in ways that were contrary to Christian teachings, thus aligning themselves with evil or wickedness.  In the secular world, the model is not unfamiliar, a modern example being those in the US Republican Party not judged sufficiently “pure” by the right-wing fanatics being labeled “RINOs” (Republicans in Name Only), an idea Saint Augustine would have recognized.  So, faith and politics can both be binary exercises, those judged heretical, schismatic, or in some way morally corrupt being a malignant presence in the community and needing to be excised as swiftly as the surgeon’s scalpel slices out a malignant tumor.  During the sixteenth century Protestant Reformation in Europe, the language was re-purposed, by the 1540s used by protestant theologians and activists to condemn as heretics the pope and the Church in Rome.  By the 1590s, malignant was in use to mean (of persons) “disposed to inflict suffering or cause distress” whereas in the early fourteenth century “malign” was used as an adjective and the now extinct malignous meant “poisonous, noxious”.  The noun malignancy dates from circa 1600 and by mid century had come to mean “state of extreme malevolence, bitter enmity”, the particular use in medicine (of diseases, growths, tumors etc with a virulence and tendency to get worse) appears in the medical literature from the 1680s.  In English history, borrowing from the turbulent priests, both the followers of Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) and the royalist forces would label each other “malignants”.

In English, “mal-” words are familiar.  The mal- prefix was from the Old French mal- (bad; badly) from the Latin adverb male, from malus (bad, wicked).  In English the prefix was applied to create words variously with some denotation of the negative including (1) bad, badly (malinfluence), (1) unhealthy; harmful (malware), (3) unpleasant (malodorous) (4) incorrect (malformed), (5) incomplete (maldescent) & (6) deficiently (malnourished).  Malevolent, malicious & malignant are from a different linage but all are in some way negative on nature but there are differences between them:  Malevolent means “having or showing a desire to cause harm to others and carries the connotation of “a deep-rooted ill will or hatred”.  Malicious means “intending to do harm, typically without justification” and connotes something of an emphasis on a “spiteful or cruel intent”.  Malignant means “harmful, dangerous, or likely to cause death and while historically it was used to refer to “extreme malevolence”, the use in medicine has in the modern age tended to make that use almost exclusive although it can still be used of anything (or anyone) actively harmful or evil.  So in use, the modern tendency is for malevolent to be used of “ill will or hatred”, malicious “an intent to cause harm” and malignant “something that is dangerously harmful, often in a physical or medical context”.  The related "malign" seems most be used of intent and harmful speech.  Which to use hangs also on intent; if someone is murdered by the Freemasons, it’s not unreasonable to suppose the intent was malicious and the act malevolent but had they been eaten by a shark while swimming, neither word should be invoked because that’s just a thing sharks do.

Tuesday, October 8, 2024

Decorum

Decorum (pronounced dih-kawr-uhm or dih-kohr-uhm)

(1) Dignified propriety of behavior, speech, dress, demeanour etc.

(2) The quality or state of being decorous, or exhibiting such dignified propriety; orderliness; regularity.

(3) The conventions of social behaviour; an observance or requirement of one’s social group (sometimes in the plural as “decorums” the use an allusion to the many rules of etiquette (the expectations or requirements defining “correct behaviour” which, although most associated with “polite society”, do vary between societal sub-sets, differing at the margins)).

1560–1570: A learned borrowing (in the sense of “that which is proper or fitting in a literary or artistic composition”) from the Latin decōrum, noun use of neuter of decōrus (proper, decent (ie decorous) from decor (beauty, elegance, charm, grace, ornament), probably from decus (an ornament; splendor, honor), the Proto-Italic dekos (dignity), from the primitive Indo-European os (that which is proper), from de- (take, perceive) (and used in the sense of “to accept” on the notion of “to add grace”).  By the 1580s the use of decorum has spread from its literary adoption from the Latin to the more generalized sense of “propriety of speech, behavior or dress; formal politeness”, a resurrection of the original sense in Latin (polite, correct in behaviour, that which is seemly).  Decorously (in a decorous manner) is an adverb, decorousness (the state or quality of being decorous; a behavior considered decorous) is a noun, indecorous (improper, immodest, or indecent) and undecorous (not decorous) are adjectives).  The adjective dedecorous (disgraceful; unbecoming) is extinct.  Decorum is a noun; the noun plural is decora or decorums.

Whether on rugby pitches, race tracks, in salons & drawing rooms or geo-politics, disagreements over matters of decorum have over millennia been the source of innumerable squabbles, schisms and slaughter but linguistically, the related adjective decorous (characterized by dignified propriety in conduct, manners, appearance, character, etc) has also not been trouble-free.  Decorous seems first to have appeared in the 1650s from the Latin decōrus and akin to both decēre (to be acceptable, be fitting) and docēre (to teach (in the sense of “to make fitting”) with the adjectival suffix –ōsus appended.  In Latin, the -ōsus suffix (full, full of) was a doublet of -ose in an unstressed position and was used to form adjectives from nouns, to denote possession or presence of a quality in any degree, commonly in abundance.  English picked this up from the Middle English -ous, from the Old French –ous & -eux, from the Latin -ōsus and it became productive.  In chemistry, it has a specific technical application, used in the nomenclature to name chemical compounds in which a specified chemical element has a lower oxidation number than in the equivalent compound whose name ends in the suffix -ic.  For example sulphuric acid (H2SO4) has more oxygen atoms per molecule than sulphurous acid (H2SO3).  Decorous is an adjective, decorousness is a noun and decorously is an adverb.

In use there are two difficulties with decorous: (1) the negative forms and (2) how it should be pronounced, both issues with which mercifully few will be troubled (or even see what the fuss is about) but to a pedantic subset, much noted.  The negative forms are undecorous & indecorous (both of which rarely are hyphenated) but the meanings are differences in the meaning.  Undecorous means simply “not decorous” which can be bad enough but indecorous is used to convey “improper, immodest, or indecent” which truly can be damning in some circles so the two carefully should be applied.  There’s also the negative nondecorous but it seems never to have been a bother.  The problem is made worse by the adjective dedecorous (disgraceful; unbecoming) being extinct; it would have been a handy sort of intermediate state between the “un-” & “in-” forms and the comparative (more dedecorous) & superlative (most dedecorous) would have provided all the nuance needed.  The related forms are the nouns nondecorousness, indecorous & indecorous and the adverbs nondecorously, undecorously & undecorously.

The matter of the pronunciation of decorous is one for the pedants but there’s a lot of them about and like décor, the use is treated as a class-identifier, the correlation between pedantry and class-identifiers probably high; the two schools of thought are  dek-er-uhs & dih-kawr-uhs (the second syllable -kohr- more of a regionalism) and in 1926 when the stern Henry Fowler (1858–1933) published his A Dictionary of Modern English Usage, he in his prescriptive way insisted on the former.  By 1965, when the volume was revised by Sir Ernest Gowers (1880–1966), he noted the “pronunciation has not yet settled down”, adding that “decorum pulls one way and decorate the other”.  In his revised edition, Sir Ernest distinguished still between right & wrong (a position from which, regrettably, subsequent editors felt inclined to retreat) but had become more descriptive than his predecessor of how things were done rather than how they “ought to be” done and added while “most authorities” had come to prefer dih-kawr-uhs, that other arbiter, the Oxford English Dictionary (OED) had listed dek-er-uhs first and it thus “may win”.  By the 2020s, impressionistically, it would seem it has.

Décor is another where the pronunciation can be a class-identifier and in this case it extend to the spelling, something directly related.  In English, the noun décor dates from 1897 in the sense of “scenery and furnishings” and was from the eighteenth century French décor, a back-formation from the fourteenth century décorer (to decorate), from the Latin decorare (to decorate, adorn, embellish, beautify), the modern word thus duplicating the Latin decor.  The original use in English was of theatre stages and such but the term “home décor” was in use late in the 1890s to described the technique of hanging copies of old masters as home decoration.  From this evolved the general use (decorations and furnishings of a room, building etc), well established by the mid 1920s and it’s been with us ever since.  Typically sensibly, the French l'accent aigu (acute accent) (the “é” pronounced ay in French) was abandoned by the Americans without corroding society but elsewhere, décor remained preferred by among certain interior decorators and their clients, the companion French pronunciation obligatory too.

Courtoom decorum: Lindsay Lohan arriving at court, Los Angeles, 2011-2013.  All the world's a catwalk.

Top row; left to right: 9 Feb 2011; 23 Feb; 2011; 10 Mar 2011; 22 Apr 2011.
Centre row; left to right: 23 Jun 2011; 19 Oct 2011; 2 Nov 2011; 14 Dec 2011.
Bottom row; left to right: 17 Dec 2011; 30 Jan 2012; 22 Feb 2012; 28 Mar 2012.

In English, the original use of decorum was in the technical jargon of what word come to be called literary theory; decorum describing a structuralist adherence to formal convention.  It was applied especially to poetry where rules of construction abound and it was about consistency with the “canons of propriety” (in this context defined usually as “good taste, good manners & correctness” which in our age of cultural (and linguistic) relativism is something many would label as “problematic” but all are free to “plug-in” their own standards).  Less controversially perhaps, decorum was understood as the matter of behavior on the part of the poet qua ("in the capacity or character of; as being" and drawn from the Latin legal qua (acting in the capacity of, acting as, or in the manner of)) their poem and therefore what is proper and becoming in the relationship between form and substance.  That needs to be deconstructed: decorum was not about what the text described because the events variously could be thought most undecorous or indecorous but provided the author respected the character, thought and language appropriate to each, the literary demands of decorum were satisfied.  Just as one would use many different words to describe darkness compared to those used of sunlight, a work on a grand and profound theme should appear in a dignified and noble style while the trivial or humble might be earthier.

The tradition of decorum is noted as a theme in the works by the Classical authors from Antiquity but the problem there is that we have available only the extant texts and they would be but a fragment of everything created and it’s acknowledged there was much sifting and censoring undertaken in the Medieval period (notably by priests and monks who cut out “the dirty bits” and it’s not known how much was destroyed because it was thought “worthless” or worse “obscene”.  What has survived may be presumed to be something of the “best of” Antiquity and there’s no way of knowing if in Athens and Rome there were proto-post modernists who cared not a fig for literary decorum.  The Greek and Roman tradition certainly seems to have been influential however because decorum is obvious in Elizabethan plays.  In William Shakespeare’s (1564–1616) Much Ado About Nothing (circa 1598), the comic passages such as the badinage between Beatrice and Benedick appear for amusing effect in colloquial dramatic prose while the set-piece romantic episodes are in formal verse; the very moment Benedick and Beatrice realize they are in love, that rise in the emotional temperature is signified by them suddenly switched to poetic verse.

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

By contrast, in rhetoric, the conventions of literary decorum were probably most useful when being flouted.  Winston Churchill’s (1875-1965; UK prime-minister 1940-1945 & 1951-1955) World War II (1939-1945) speeches are remembered now for their eloquence and grandeur but there’s much evidence that at the time many listeners regarded their form as an anachronism and preferred something punchier but what made them effective was the way he could mix light & dark, high and low to lend his words a life which transcended the essential artificiality of a speech.  Once, when discussing serious matter of international relations and legal relationships between formerly belligerent powers, he paused to suggest that while Germany might be treated harshly after all that had happened, the Italians “…might be allowed to work their passage back.” [to the community of the civilized world].  What the flouting of decorum could do was make something worthy but dull seem at least briefly interesting or at least amusing, avoiding what the British judge Lord Birkett (1883–1962) would have called listening to “the ‘refayned’ and precious accents of a decaying pontiff.

In English literature, it was during the seventeenth & eighteenth centuries that decorum became what might now be called a fetish, a product of the reverence for what were thought to be the “Classical rules and tenets” although quite how much these owned to a widespread observance in Antiquity and how much to the rather idealized picture of the epoch painted by medieval and Renaissance scholars really isn’t clear.  Certainly, in the understanding of what decorum was there were influences ancient & modern, Dr Johnson (Samuel Johnson (1709-1784)) observing that while terms like “cow-keeper” or “hog-herd” would be thought too much the vulgar talk of the peasantry to appear in “high poetry”, to the Ancient Greeks there were no finer words in the language.  Some though interpolated the vulgarity of the vernacular just because of the shock value the odd discordant word or phrase could have, the English poet Alexander Pope (1688-1744) clearly enjoying mixing elegance, wit and grace with the “almost brutal forcefulness” of the “the crude, the corrupt and the repulsive” and it’s worth noting he made his living also as a satirist.  His example must have appealed to the Romantic poets because they sought to escape the confines imposed by the doctrines of Neoclassicism, William Wordsworth (1770–1850) writing in the preface to Lyrical Ballads (1798 and co-written with Samuel Taylor Coleridge (1772-1834)) that these poems were here to rebel against “false refinement” and “poetic diction”.  He may have had in mind the odd “decaying pontiff”.