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Monday, August 11, 2025

Vulpine

Vulpine (pronounced vuhl-pahyn or vuhl-pin)

(1) Of or resembling a fox.

(2) Possessing or being thought to posses the characteristics often attributed to foxes ( crafty, clever, sly, cunning etc).

1620-1630: From the Latin vulpīnus (foxy, fox-like, of or pertaining to a fox), the construct being vulp(ēs) (fox) + -īnus.  Vulpēs was from the earlier volpes (genitive vulpisvolpis) of unknown origin, though though probably from the  primitive Indo-European wl(o)p and cognate with the Welsh llywarn (fox), the Classical Greek λώπηξ (alpēx) (fox), the Armenian աղուէս (ałuēs), the Albanian dhelpër, the Lithuanian vilpišỹs (wildcat) and the Sanskrit लोपाश (lopāśa) (jackal, fox).  The Latin suffix -inus was from the Proto-Italic -īnos, from the primitive Indo-European -iHnos and cognate with the Ancient Greek -ινος (-inos) and the Proto-Germanic -īnaz.  It was used to indicate "of or pertaining to, usually a relationship of position, possession, or origin.  Vulpine is a noun & adjective, vulpinism & vulpinist are nouns and vulpinary is an adjective; the noun plural is vulpines.

The Holy Fox, Lord Halifax: The Right Honourable Edward Frederick Lindley Wood, First Earl of Halifax, KG, OM, GCSI, GCMG, GCIE, TD, PC, was a leading Tory (Conservative & Unionist Party) politician of the inter-war and war-time years; among other appointments, he was Viceroy of India, foreign secretary and ambassador to the United States.  He was known as the Holy Fox because of his devotion to church, the hunt and Tory politics though was more holy than foxy and perhaps too punctilious ever to be truly vulpine.  He was also born too late; had he lived a century earlier, he’d likely be remembered as an eminent statesman of the Victorian era but even before 1945, he seemed a relic of the bygone age.

A fox and other beasts: 
Count Galeazzo Ciano (1903–1944; Italian foreign minister 1936-1943, left), Lord Halifax (1881–1959; UK foreign secretary 1938-1940 centre left), Neville Chamberlain (1869–1940; UK prime minister 1937-1940, centre right) and Benito Mussolini (1883–1945; Duce & Italian prime minister 1922-1943, right), Rome, January 1939.

Some three months after signing the infamous Munich Agreement that rubber-stamped Adolf Hitler's (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) takeover of Czechoslovakia, Chamberlain and Halifax visited Rome to confer with Mussolini.  Although it had long been obvious the Duce had been drawn into the German orbit, British foreign policy was still based on the hope war could be avoided and, having seen appeasement prevent immediate conflict over Berlin's demands about Czechoslovakia, the hope was to find a way to appease Rome, the goal at the time little more ambitious than the maintenance of the status quo in the Mediterranean.  Even in 1939, the UK's Foreign Office still believed Mussolini might be susceptible to "civilizing influences" in a way it had (belatedly) become obvious Hitler would not.  In retrospect pointless, the meeting, held between 11-14 January 1939, was the last attempt through official channels to tempt the Duce away from the entanglement with Hitler to which, in reality, he was already committed although he certainly didn't expect war to be declared as soon as things transpired.  The spirit of the meeting was well captured in Count Ciano's diary and while the count's entries are not wholly reliable, he was one of the century's notable diarists, an astute observer and, too clever to be much bothered by principles, painted vivid pictures of some of the great events of those troubled years.  Mussolini, flattered by Hitler and  already seeing himself as a Roman emperor, must have thought he was being visited by the ghosts of the past, Chamberlain looking like the provincial lord-mayor he'd once been and Halifax the archbishop he probably wished he'd become.

In substance, the visit was kept on a minor tone, since both the Duce and myself are scarcely convinced of its utility. . . . How far apart we are from these people!" Ciano noted in his diary.  "It is another world."  After dinner with Mussolini he recorded the Duce's feelings: "These men are not made of the same stuff as the Francis Drakes and the other magnificent adventurers who created the British Empire.  These, after all, are the tired sons of a long line of rich men, and they will lose their Empire,... The British do not want to fight. They try to draw back as slowly as possible, but they do not want to fight."  Whatever other mistakes he may have made, on that night in Rome, Mussolini made no error in his summary of the state of thought in Downing Street and the Foreign Office.  "Our conversations with the British have ended" Ciano concluded and "Nothing was accomplished."  He closed the diary that evening with the note "I have telephoned Ribbentrop (Joachim von Ribbentrop (1893–1946; Nazi Foreign Minister 1938-1945) that the visit was a big lemonade [ie a farce].”

Foxy Eyes by Skinklink.

In zoology, the family Canidae is divided into (1) Vulpini (foxes) and (2) Canini (wolves, dogs, coyotes, and jackals).  From these beasts comes the metaphorical use of “canine” and “vulpine”, both tending to be used of character traits rather than appearance.  In the metaphorical sense, “canine” is associated with qualities such as friendship loyalty, trustworthiness, dependability, devotion and loyalty, thus the phrase: “Dog is man’s best friend”, pointed variants appearing in quips from politicians such as Frederick II’s (Frederick the Great, 1712–1786, Prussian king 1740-1786): “The more I learn of the nature of man, the more I value the company of dogs” and Harry Truman’s (1884–1972; US president 1945-1953): “Want a friend in Washington? Get a dog”.  Jeff Kennett (b 1948; premier of the Australian state of Victoria 1992-1999) would late adapt that Truman doctrine and coined one to use in an internecine squabble, disparaging Peter Costello (b 1957; Treasurer of Australia, 1996-2007) for possessing “all the attributes of a dog - except loyalty”.  If “canine” brings to mind honestly and guilelessness, “vulpine” does not.  Because foxes stereotypically are though sly, clever and cunning, they’re regarded not as loyal companions but solitary creatures whose every calculation in life is one of shrewd self-interest, their folkloric reputation for deceit well-deserved.

Amanda Knox in court during her appeal against her conviction for murder, Perugia, Italy, September, 2011.

The terms (of both endearment and disparagement) “foxy” and “vulpine” can be used interchangeably but context must be studied to determine which meaning is being deployed.  A US citizen studying in Italy, Amanda Knox (b 1987) was twice wrongfully convicted of murder by Italian courts and, as a young, photogenic American accused of killing the young lady who was at the time her flat-mate, the trials received extensive international coverage.  It wasn’t long before the media were referring to Ms Knox as “Foxy Knoxy” and while many assumed that was typical tabloid journalism and a use of “foxy” in the sense of “sexy young woman” (perhaps with an overtone of “manipulative”), it was revealed to be her nickname on MySpace (an early social media site on which Rupert Murdoch (b 1931) would book a big loss), the moniker gained from the pace and agility she displayed in her youth on the soccer (football) pitch.  Of Ms Knox, the use of “foxy” can be debated but it would never be appropriate to speak of her as “vulpine”.

The dapper Franz von Papen during the first Nuremberg Trial.  Although never part of the Nazi "establishment", he served the regime almost to the bitter end.

Both however could be applied to Franz von Papen (1879-1969; German chancellor 1932 & vice chancellor 1933-1934) who appears in the history books described variously as “vulpine”, “foxy”, “the sly old fox” and “the old silver fox”.  No author has ever used these terms to suggest Papen was “sexy” and the references are all to his cunning, slyness and extraordinary ability, over many decades, to extricate himself from situations where his prospects seemed dismal or doomed.  Few have ever quibbled over André François-Poncet (1887–1978; French ambassador to Germany 1931-1938) famous thumbnail sketch: “There is something about Papen that prevents either his friends or his enemies from taking him entirely seriously” and the Frenchman was acknowledged a fair judge of politicians, even Hitler more than once admitting: “Poncet is the most intelligent of the diplomats I've known”, to which he’d sometimes pause to add (especially if anyone from the foreign ministry was in earshot): “…including the German ones.

Members of the Reich government assemble for the First of May celebrations, Berlin Lustgarten, 1 May 1933.  Disappointingly for English-speakers although Lustgarten translates as “Pleasure Garden”, that’s in the sense of “a pleasant place to take a stroll”.

Left to right: Otto Meissner (1880–1953; head of the Presidential Chancellery of Germany 1920-1945), Vice-Chancellor von Papen, Chancellor Hitler and Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945).  The military office behind Hitler is Minister of Defense, General (later Generalfeldmarschall) Werner von Blomberg (1878–1946; Reichsminister of War 1935-1938).  Blomberg would in 1938 be forced to resign as Minister of War and Commander-in-Chief of the Army after it was revealed his new wife (the much younger Erna Gruhn (1913–1978)) “had a past”.  Hitler, although untroubled about ordering the murder of millions, was in some matters a bourgeois moralist and there were verified reports of him at the time ranting: “If a German field Marshal can marry a whore, anything is possible.

Most Germans were as sceptical as the French ambassador.  General Kurt von Schleicher (1882–1934; German chancellor 1932-1933) who was a confidant of Generalfeldmarschall Paul von Hindenburg (1847–1934; Reichspräsident (1925-1934) of Germany 1925-1934) schemed and plotted to have the dilettante Papen appointed chancellor (prime minister), believing his inexperience and known political ineptitude make him a malleable tool (like many others, he would later make the same mistake with Hitler).  When astonished associates protested: “Papen has no head for administration”, the General replied” “He doesn’t need a head, his job is to be a hat”.  Through means fair & foul, Papen managed to stay in office for six months and was planning to have Hindenburg grant him dictatorial powers before being out-maneuvered by Schleicher who secured the office for himself.  Between December 1932 and January 1933 that chancellorship lasted only eight weeks before Hitler was appointed but the general continued to plot ways back into office before in 1934 becoming one of hundreds murdered by the Nazis during the Nacht der langen Messer (Night of the Long Knives), a purge of the regime's opponents subsequently justified by Hitler as a pre-emptive strike against the imminent "Röhm putsch".

Papen, then serving as Hitler's vice chancellor, had been on several of the lists (there was a bit of mission creep from the original plan for a "surgical strike" against two-dozen-odd) to be killed, having upset the Nazis by having made a speech at Marburg University critical of the regime but escaped death because Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) had him placed in protective custody; Göring knew Papen's execution would have troubled the president.  Although appalled at the blood-letting (including several of his close associates), Papen couldn't resist the lure of the political stage and continued to accept appointments from Hitler, his last job being as ambassador to Turkey (Türkiye since 2023) and he remained in the embassy in Ankara (which, along with Cario and Lisbon, was one of the war's hotbeds of espionage) until August 1944 when diplomatic relations with Berlin were severed.

Papen in Pickelhaube while serving as German Military Attaché to the US, Washington DC, 1915.

As a consequence of his inept and sometimes farcical attempts at espionage and sabotage, the US government in December 1915 declared Papen persona non grata (the diplomatic term meaning “you must immediately leave the country”) but despite the conspicuous failure of his mission, upon returning to Berlin, he was (presumably for “effort”) awarded the Iron Cross, First Class.  The Pickelhaube (pointed helmet, pronounced pick-el-how-buh) was first used by the Prussian Army in the 1840s and became such a potent symbol of German power it was adopted by some of the country’s many uniform-loving institutions including police forces, fire brigades and even the forestry service.  Rendered unsuitable for use in combat by advances in ballistics, except for ceremonial purposes, beginning in 1916, it was withdrawn from use and replaced by the Stahlhelm (steel helmet, pronounced shtal-helm).    

Back-seat driver.

Then serving as vice-chancellor, von Papen sits behind Hitler during a parade, Berlin, May 1933.  The car is a Mercedes-Benz 770K (W07, 1930-1938) Cabriolet D.  Despite the "K" ("Kompressor" in the context of the 770s), not all W07 770Ks were supercharged but all those suppled to the Chancery had the Roots type "blower".  Big, heavy and with less than slippery aerodynamic qualities, the cars needed the power of their 7.7 litre (468 cubic inch) straight-8s but, despite the mass, the updated 770K (W150, 1938-1943) could top 100 mph (160 km/h) on the long straights of the new Autobahns although such was the fuel consumption (which for the armored versions could be as high as 40 litres/100 km (5.88 mpg (US); 7.06 mpg Imperial)), even with a 195 litre (52 US gallon; 43 Imperial gallon) tank, when cruising at high speed, the time between "top-ups" could be brief.

In the aftermath of the war, the old fox proved himself again one of the century’s great survivors.  Indicted for (Count 1) conspiracy to commit crimes against peace and (Count 2) waging aggressive war, he was acquitted by the IMT (International Military Tribunal) in the first Nuremberg Trial (1945-1946), a verdict which disappointed some but didn’t surprise those lawyers who’d found the conspiracy charge dubious in many aspects and thought the defendant too remote from the business of planning or waging war.  The speech critical of the Nazis (drafted for him by an aide who was murdered during the purge) he delivered in 1934 seems to have persuaded the (non-Russian) judges that even if "corrupting", he was less reprehensible figure than some of his fellow defendants (that may be "damning with faint praise" but the "he spoke at Marburg" feeling seems to have been an effective piece of mitigation) contributed to him securing one of three acquittals among 19 convictions (twelve death sentences and seven imprisoned with terms between ten years and life).  In 1947 he was convicted by a German de-Nazification court and sentenced to eight years hard labor but, on appeal, was released in 1949 and his two years in captivity were not unpleasant, spent mostly in a hospital; upon release, promptly he re-discovered his robust good health although his attempts in the 1950s to re-enter politics proved abortive.  Many of his more obviously credentialed contemporaries were either murdered by their “friends” or sent to the gallows by their opponents but the old fox lived to his ninetieth year, dying peacefully in his bed.

Lindsay Lohan’s “Fursona”, one of the Canine Cartel’s NFTs (non-fungible token).  In zoology, the canine family (Canidae, from the Latin canis (dog)) includes domestic dogs, wolves, coyotes, raccoon dogs, foxes, jackals and several other species.

Launched in August 2021 on Ethereum, the Canine Cartel NFT was a generative NFT collection launched in late August 2021 on Ethereum.  The collection included a reputed 10,000 unique (ERC721) canine characters, each with what was claimed to be “randomly generated traits” (subsequent analysis would correct that) inspired by ten dog breeds, the fictional back-story being of dogs which formed a “cartel” that emerged victorious over feline rivals in a stylized Sinaloa-inspired turf war.  As all know, cats are evil so the happy ending was good triumphed over evil.  There was a charitable element to the project, the first 10 ETH raised (some 10 % of mint revenue) pledged to dog shelters.  At the time, there was quite a buzz around EFTs and (with a mint price of 0.05 ETH per NFT) the drop apparently sold out quickly but like many EFT “bubbles”, expectations of profits were not realized by most speculators and recent floor prices have hovered around 0.0045 ETH on very low volumes.  The Canine Cartel model was a classic example of the promotional technique used when speculative interest in NFTs was high and was one common to many ventures, some of which by centuries pre-date the internet.

Monday, March 3, 2025

Chair

Chair (pronounced cherr)

(1) A seat, especially if designed for one person, usually with four legs (though other designs are not uncommon) for support and a rest for the back, sometimes with rests for the arms (as distinct from a sofa, stool, bench etc).

(2) Something which serves as a chair or provides chair-like support (often used in of specialized medical devices) and coined as required (chairlift, sedan chair, wheelchair etc).

(3) A seat of office or authority; a position of authority such as a judge.

(4) In academic use, a descriptor of a professorship.

(5) The person occupying a seat of office, especially the chairperson (the nominally gendered term “chairman” sometimes still used, even of female or non-defined chairs).

(6) In an orchestra, the position of a player, assigned by rank (1st chair, 2nd chair etc).

(7) In informal use, an ellipsis of electric chair (often in the phrase “Got the chair” (ie received a death sentence)).

(8) In structural engineering, the device used in reinforced-concrete construction to maintain the position of reinforcing rods or strands during the pouring operation.

(9) In glass-blowing, a glassmaker's bench having extended arms on which a blowpipe is rolled in shaping glass.

(10) In railroad construction, a metal block for supporting a rail and securing it to a crosstie or the like (mostly UK).

(11) To place or seat in a chair.

(12) To install in office.

(13) To preside over a committee, board, tribunal etc or some ad hoc gathering; to act as a chairperson.

(14) To carry someone aloft in a sitting position after a triumph or great achievement (mostly UK and performed after victories in sport).

(15) In chemistry, one of two possible conformers of cyclohexane rings (the other being boat), shaped roughly like a chair.

(16) A vehicle for one person; either a sedan chair borne upon poles, or a two-wheeled carriage drawn by one horse (also called a gig) (now rare).

(17) To award a chair to the winning poet at an eisteddfod (exclusive to Wales).

1250-1300: From the Middle English chayer, chaire, chaiere, chaere, chayre & chayere, from the Old French chaiere & chaere (chair, seat, throne), from the Latin cathedra (seat), from the Ancient Greek καθέδρα (kathédra), the construct being κατά (katá) (down) + δρα (hédra) (seat).  It displaced the native stool and settle, which shifted to specific meanings.  The twelfth century modern French chaire (pulpit, throne) in the sixteenth century separated in meaning when the more furniture came to be known as a chaise (chair).  Chair is a noun & verb and chaired & chairing are verbs; the noun plural is chairs.

The figurative sense of "seat of office or authority" emerged at the turn of the fourteenth century and originally was used of professors & bishops (there once being rather more overlap between universities and the Church).  That use persisted despite the structural changes in both institutions but it wasn’t until 1816 the meaning “office of a professor” was extended from the mid-fifteenth century sense of the literal seat from which a professor conducted his lectures.  Borrowing from academic practice, the general sense of “seat of a person presiding at meeting” emerged during the 1640s and from this developed the idea of a chairman, although earliest use of the verb form “to chair a meeting” appears as late as 1921.  Although sometimes cited as indicative of the “top-down” approach taken by second-wave feminism, although it was in the 1980s that the term chairwoman (woman who leads a formal meeting) first attained general currency, it had actually been in use since 1699, a coining apparently thought needed for mere descriptive accuracy rather than an early shot in the culture wars, chairman (occupier of a chair of authority) having been in use since the 1650s and by circa 1730 it had gained the familiar meaning “member of a corporate body appointed to preside at meetings of boards or other supervisor bodies”.  By the 1970s however, the culture wars had started and the once innocuous “chairwoman” was to some controversial, as was the gender-neutral alternative “chairperson” which seems first to have appeared in 1971.  Now, most seem to have settled on “chair" which seems unobjectionable although presumably, linguistic structuralists could claim it’s a clipping of (and therefore implies) “chairman”.

Chairbox offers a range of “last shift” coffin-themed chairs, said to be ideal for those "stuck in a dead-end job, sitting on a chair in a cubicle".  The available finishes include walnut (left) and for those who enjoy being reminded of cremation, charcoal wood can be used for the seating area (right).  An indicative list price is Stg£8300 (US$10,400) for a Last Shift trimmed in velvet.

The slang use as a short form of electric chair dates from 1900 and was used to refer both to the physical device and the capital sentence.  In interior decorating, the chair-rail was a timber molding fastened to a wall at such a height as would prevent the wall being damaged by the backs of chairs.  First documented in 1822, chair rails are now made also from synthetic materials.  The noun wheelchair (also wheel-chair) dates from circa 1700, and one so confined is said sometimes to be “chair bound”.  The high-chair (an infant’s seat designed to make feeding easier) had probably been improvised for centuries but was first advertised in 1848.  The term easy chair (a chair designed especially for comfort) dates from 1707.  The armchair (also arm-chair), a "chair with rests for the elbows", although a design of long-standing, was first so-described in the 1630s and the name outlasted the contemporary alternative (elbow-chair).  The adjectival sense, in reference to “criticism of matters in which the critic takes no active part” (armchair critic, armchair general etc) dates from 1879.  In academic use, although in the English-speaking world the use of “professor” seems gradually to be changing to align with US practice, the term “chair” continues in its traditional forms: There are chairs (established professorships), named chairs (which can be ancient or more recent creations which acknowledge the individual, family or institution providing the endowment which funds the position), personal chairs (whereby the title professor (in some form) is conferred on an individual although no established position exists), honorary chairs (unpaid appointments) and even temporary chairs (which means whatever the institution from time-to-time says it means).

In universities, the term “named chair” refers usually to a professorship endowed with funds from a donor, typically bearing the name of the donor or whatever title they nominate and the institution agrees is appropriate.  On rare occasions, named chairs have been created to honor an academic figure of great distinction (usually someone with a strong connection with the institution) but more often the system exists to encourage endowments which provide financial support for the chair holder's salary, research, and other academic activities.  For a donor, it’s a matter both of legacy & philanthropy in that a named chair is one of the more subtle and potentially respectable forms of public relations and a way to contribute to teaching & research in a field of some interest or with a previous association.

Professor Michael Simons (official photograph issued by Yale University's School of Medicine).

So it can be a win-win situation but institutions do need to practice due diligence in the process of naming or making appointments to named chairs as a long running matter at Yale University demonstrates.  In 2013, an enquiry convened by Yale found Professor Michael Simons (b 1957) guilty of sexual harassment and suspended him as Chief of Cardiology at the School of Medicine.  Five years on, the professor accused Yale of “punishing him again” for the same conduct in a gender-discriminatory effort to appease campus supporters of the #MeToo movement which had achieved national prominence.  That complaint was prompted when Professor Simons was in 2018 appointed to, and then asked to resign from a named chair, the Robert W Berliner Professor of Medicine, endowed by an annual grant of US$500,000 from the family of renal physiologist, Robert Berliner (1915-2002).  Professor Simons took his case to court and early in 2024 at a sitting of federal court ruled, he obtained a ruling in his favour, permitting him to move to trial, Yale’s motion seeing a summary judgment in all matters denied, the judge fining it appropriate that two of his complaints (one on the basis of gender discrimination in violation of Title VII of the Civil Rights Act (1964) and one under Title IX of the Education Amendments Act (1972)) should be heard before a jury.  The trial judge noted in his judgment that there appeared to be a denial of due process in 1918 and that happened at a time when (as was not disputed), Yale was “the subject of news reports criticizing its decision to reward a sexual harasser with an endowed chair.

What the documents presented in Federal court revealed was that Yale’s handling of the matter had even within the institution not without criticism.  In 2013 the University-Wide Committee on Sexual Misconduct found the professor guilty of sexual harassment and he was suspended (but not removed) as chief of cardiology at the School of Medicine.  Internal documents subsequently leaked to the New York Times (NYT) revealed there were 18 faculty members dissatisfied with that outcome and a week after the NYT sought comment from Yale, it was announced Simons would be removed from the position entirely and in November 2014, the paper reported that Yale had also removed him from his position as director of its Cardiovascular Research Center.  Simons alleges that these two additional actions were taken in response to public reaction to the stories published by the NYT but the university disputed that, arguing the subsequent moves were pursuant to the findings of an internal “360 review” of his job performance.  In 2018, Simons was asked to relinquish the Berliner chair on the basis he would be appointed instead to another endowed chair.  In the documents Simons filed in Federal Court, this request came after “one or more persons … sympathetic to the #MeToo movement” contacted the Berliner family encouraging them to demand that the University remove Simons from the professorship, prompting Yale, “fearing a backlash from the #MeToo activists and hoping to placate them,” to “began exploring” his removal from the chair.

School of Medicine, Yale University, New Haven, Connecticut, USA.

Later in 2018, Simons was duly appointed to another named chair, prompting faculty members, students and alumni to send an open letter to Yale’s president expressing “disgust and disappointment” at the appointment.  The president responded with a formal notice to Simmons informing him he had 24 hours to resign from the chair, and Simmons also alleges he was told by the president of “concerns” the institution had about the public criticism.  In October 2019, Simons filed suit against Yale (and a number of individuals) on seven counts: breach of contract, breach of the implied warranty of fair dealing, wrongful discharge, negligent infliction of emotional distress, breach of privacy, and discrimination on the basis of gender under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.   Three of these (wrongful discharge, negligent infliction of emotional distress and breach of privacy) were in 2020 struck-out in Federal Court and this was the point at which Yale sought summary judgment for the remainder.  This was partially granted but the judge held that the matter of gender discrimination in violation of Title VII and Title IX needed to be decided by a jury.  A trial date has not yet been set but it will be followed with some interest.  While all cases are decided on the facts presented, it’s expected the matter may be an indication of the current state of the relative strength of “black letter law” versus “prevailing community expectations”.

Personal chair: Lindsay Lohan adorning a chair.

The Roman Catholic Church’s dogma of papal infallibility holds that a pope’s rulings on matters of faith and doctrine are infallibility correct and cannot be questioned.  When making such statements, a pope is said to be speaking ex cathedra (literally “from the chair” (of the Apostle St Peter, the first pope)).  Although ex cathedra pronouncements had been issued since medieval times, as a point of canon law, the doctrine was codified first at the First Ecumenical Council of the Vatican (Vatican I; 1869–1870) in the document Pastor aeternus (shepherd forever).  Since Vatican I, the only ex cathedra decree has been Munificentissimus Deus (The most bountiful God), issued by Pius XII (1876–1958; pope 1939-1958) in 1950, in which was declared the dogma of the Assumption; that the Virgin Mary "having completed the course of her earthly life, was assumed body and soul into heavenly glory".  Pius XII never made explicit whether the assumption preceded or followed earthly death, a point no pope has since discussed although it would seem of some theological significance.  Prior to the solemn definition of 1870, there had been decrees issued ex cathedra.  In Ineffabilis Deus (Ineffable God (1854)), Pius IX (1792–1878; pope 1846-1878) defined the dogma of the Immaculate Conception of the Blessed Virgin Mary, an important point because of the theological necessity of Christ being born free of sin, a notion built upon by later theologians as the perpetual virginity of Mary.  It asserts that Mary "always a virgin, before, during and after the birth of Jesus Christ", explaining the biblical references to brothers of Jesus either as children of Joseph from a previous marriage, cousins of Jesus, or just folk closely associated with the Holy Family.

Technically, papal infallibility may have been invoked only the once since codification but since the early post-war years, pontiffs have found ways to achieve the same effect, John Paul II (1920–2005; pope 1978-2005) & Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) both adept at using what was in effect a personal decree a power available to one who sits at the apex of what is in constitutional terms an absolute theocracy.  Critics have called this phenomenon "creeping infallibility" and its intellectual underpinnings own much to the tireless efforts of Benedict XVI while he was head of the Inquisition (by then called the Congregation for the Doctrine of the Faith (CDF) and now renamed the Dicastery for the Doctrine of the Faith (DDF)) during the late twentieth century.  The Holy See probably doesn't care but DDF is also the acronym, inter-alia, for "drug & disease free" and (in gaming) "Doom definition file".  There's also the DDF Network which is an aggregator of pornography content.

The “chair” photo (1963) of Christine Keeler (1942-2017) by Hong Kong Chinese photographer Lewis Morley (1925-2013) (left) and Joanne Whalley-Kilmer (b 1961) in Scandal (1989, a Harvey Weinstein (b 1952) production) (centre).  The motif was reprised by Taiwanese-American photographer Yu Tsai (b 1975) in his sessions for the Lindsay Lohan Playboy photo-shoot; it was used for the cover of the magazine’s January/February 2012 issue (right).  Ms Lohan wore shoes for some of the shoot but these were still "nudes" because "shoes don't count"; everybody knows that. 

The Profumo affair was one of those fits of morality which from time-to-time would afflict English society in the twentieth century and was a marvellous mix of class, sex, spying & money, all things which make an already good scandal especially juicy.  The famous image of model Christine Keeler, nude and artfully positioned sitting backwards on an unexceptional (actually a knock-off) plywood chair, was taken in May 1963, during the moral panic over the disclosure the young lady simultaneously was enjoying the affection of both a member of the British cabinet and a Soviet spy.  John Profumo (1915-2006) was the UK’s Minister for War (the UK cabinet retained the position until 1964 although it was dis-established in the US in 1947) who, then 46, was found to be conducting an adulterous affair with the then 19 year old topless model at the same time she (presumably as her obviously crowded schedule permitted) fitted in trysts with a KGB agent, attached to the Soviet embassy with the cover of naval attaché.  Although there are to this day differing interpretations of the scandal, there have never been any doubts this potential Cold-War conduit between Moscow and Her Majesty’s Secretary of State for War represented at least a potential conflict of interest.  The fallout from the scandal ended Profumo’s political career, contributed to the fall of Harold Macmillan’s (1894–1986; UK prime-minister 1957-1963) government and was one of a number of the factors in the social changes which marked English society in the 1960s.  Commendably, the former Grenadier Guards captain's sang froid didn't desert him: woken from his sleep to be told the scandal was about to break, he remarked: "Well, at least it was with a woman".  That line was for years quoted approvingly and it was only when the old Etonian's bisexuality became common knowledge it was re-appraised.   

Commercially & technically, photography then was a different business and the “chair” image was the last shot on a 12-exposure film, all taken in less than five minutes at the end of a session which hurriedly had been arranged because Ms Keeler had signed a contract which included a “nudity” clause for photos to be used as “publicity stills” for a proposed film about the scandal.  As things turned out, the film was never released (not until Scandal (1989) one would appear) but the photograph was leaked to the tabloid press, becoming one of the more famous of the era although later feminist critiques would deconstruct the issues of exploitation they claimed were inherent.  Playboy’s editors would not be unaware of the criticism but the use of a chair to render a nude image SFW (suitable for work) remains in the SOP (standard operating procedures) manual.

Contact sheet from photoshoot, Victoria and Albert (V&A) Museum: exhibit E.2830-2016.

Before the “nude” part which concluded the session, two rolls of film had already been shot with the subject sitting in various positions (on the chair and the floor) while “wearing” a small leather jerkin.  At that point the film’s producers mentioned the “nude” clause.  Ms Keeler wasn’t enthusiastic but the producers insisted so all except subject and photographer left the room and the last roll was shot, some of the earlier poses reprised while others were staged, the last, taken with the camera a little further away with the subject in what Mr Morley described as “a perfect positioning”, was the “chair” shot.

The “Keeler Chair” (left) and an Arne Jacobsen Model 3107 (right).

Both chair & the gelatin-silver print of the photograph are now in the collections of London’s Victoria and Albert (V&A) Museum (the photograph exhibit E.2-2002; the chair W.10-2013).  Although often wrongly identified a Model 3107 (1955) by Danish modernist architect & furniture designer Arne Jacobsen (1902-1971), it’s actually an example of one of a number of inexpensive knock-offs produced in the era.  Mr Morley in 1962 bought six (at five shillings (50c) apiece) for his studio and it’s believed his were made in Denmark although the identity of the designer or manufacturer are unknown.  Unlike a genuine 3107, the knock-off has a handle cut-out (in a shape close to a regular trapezoid) high on the back, an addition both functional and ploy typical of those used by knock-off producers seeking to evade accusations of violations of copyright.  Structurally, a 3017 uses a thinner grade of plywood and a more subtle molding.  The half-dozen chairs in Mr Morley’s studio were mostly unnoticed office furniture until Ms Keeler lent one its infamy although they did appear in others of his shoots including those from his session with television personality & interviewer Sir David Frost (1939–2013) and it’s claimed the same chair was used for both.  In London’s second-hand shops it’s still common to see the knock-offs (there were many) described as “Keeler” chairs and Ms Lohan’s playboy shoot was one of many in which the motif has been used.  The obvious choice of pose for Joanne Whalley-Kilmer’s promotional shots for the 1989 film in which she played Ms Keeler, it appeared also on the the covers of the DVD & Blu-ray releases 

Old Smoky, the electric chair once used in the Tennessee prison system, Alcatraz East Crime Museum.  "Old Sparky" was once the preferred but in modern use "the chair" seems to have prevailed.

"Then we'd get the chair": The Simpsons, season six.

Crooked Hillary Clinton in pantsuit.

Although the numbers did bounce around a little, polling by politico.com found that typically about half of Republican voters believe crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) should be locked up while fewer than 2% think she should “get the chair”, apparently on the basis of her being guilty of something although some might just find her “really annoying” and take the pragmatic view a death sentence would remove at least that problem from their life.  The term “electric chair” is most associated with the device used for executions but is also common slang to describe other machinery including electric wheelchairs and powered (heat, cooling or movement) seats or chairs of many types.  First used in the US during the 1890s, like the guillotine, the electric chair was designed as a more humane (ie faster) method of execution compared with the then common hanging where death could take minutes.  Now rarely used (and in some cases declared unconstitutional as a “cruel & unusual punishment”), in some US states, technically it remains available including as an option the condemned may choose in preference to lethal injection or the firing squad.  Interestingly, although during the successful 2016 campaign, Donald Trump (b 1946; US president 2017-2021 and since 2025) made much of "locking up" crooked Hillary were he to be elected, once in the White House, the usefulness of the "promise" was exhausted.  His supporters however expected a prosecution and journalists did whether he would order investigations into the conduct of Bill  (b 1946; US president 1993-2001) and crooked Hillary.  He replied with a perfunctory shake of the head and an almost mumbled "No, they're good people" and that was the end of that.  It was an interesting insight into many aspects of Mr Trump's character and political techniques.    

Electric Chair Suite (1971) screen print decalogy by Andy Warhol.

Based on a newspaper photograph (published in 1953) of the death chamber at Sing Sing Prison in New York, where US citizens Julius (1918-1953) & Ethel Rosenberg (1915-1953) were that year executed as spies, Andy Warhol (1928–1987) produced a number of versions of Electric Chair, part of the artist’s Death and Disaster series which, beginning in 1963, depicted imagery such as car crashes, suicides and urban unrest.  The series was among the many which exploited his technique of transferring a photograph in glue onto silk, a method which meant each varied in some slight way.  His interest was two-fold: (1) what is the effect on the audience of render the same image with variations and (2) if truly gruesome pictures repeatedly are displayed, is the effect one of reinforcement or desensitization?  His second question was later revisited as the gratuitous repetition of disturbing images became more common as the substantially unmediated internet achieved critical mass.  The first of the Electric Chair works was created in 1964.

Tuesday, April 16, 2024

MRDA

MRDA (pronounced emm-ahr-dee-ey)

The abbreviation of “Mandy Rice-Davies Applies”, an aphorism used in law and politics to refer to any denial which is transparently self-interested.

1963: An allusion to the statement “Well he would, wouldn't he?”, said by Welsh model Mandy Rice-Davies (1944-2004) during cross-examination in a trial at the Old Bailey (the central criminal court for England & Wales) associated with the Profumo affair.

Lord Astor, Mandy Rice-Davies and the Profumo Affair

The context of Ms Rice-Davies’s answer was the question: “Are you aware that Lord Astor denies any impropriety in his relationship with you?” and the answer “Well he would, wouldn't he?” elicited from those in the court “some amusement”.  MDRA (Mandy Rice-Davies Applies) thus became in law and politics an aphorism used as “verbal shorthand” to refer to any denial which is transparently self-interested although it doesn’t of necessity imply a denial is untrue.  In general use, the fragment from the trial is often misquoted as “Well he would say that, wouldn't he?” because that better encapsulates the meaning without being misleading.

Mandy Rice-Davies (left) and Christine Keeler (right), London, 1963.  Note the leopard-print seat covers.

The Profumo affair was one of those fits of morality which from time-to-time would afflict English society in the twentieth century and was a marvellous mix of class, sex, spying & money, all things which make a good scandal especially juicy.  John Profumo (1915-2006) was the UK’s Minister for War (the UK cabinet retained the position until 1964 although it was disestablished in the US in 1947) who, then 46, was found to be conducting an adulterous affair with 19 year old topless model Christine Keeler (1942-2017) at the same time she was also enjoying trysts with a Russian spy, attached to the Soviet embassy with the cover of naval attaché.  Although there are to this day differing interpretations of the scandal, there have never been any doubts this potential Cold-War conduit between a KGB spy and Her Majesty’s Secretary of State for War represented at least a potential conflict of interest.

Dr Evatt (left), comrade Molotov (centre) and Soviet translator Alexei Pavlov, exchanging MRDAs in Russian & English, London, 1942.

MRDAs are common in courtrooms and among politicians but some became legends.  In 1954, Dr HV Evatt (1894–1965; Australian attorney-general & foreign minister 1941-1949, and leader of opposition 1951-1960), in the midst of a particularly febrile period during the Cold War, wrote a letter to comrade Vyacheslav Molotov (1890–1986; Soviet foreign minister 1939-1949 & 1953-1956) asking if allegations of Soviet espionage in Australia were true.  Comrade Molotov of course wrote back, politely denying the USSR engaged in spying anywhere.  Assured, Evatt read the letter to the parliament and the members sat for a moment stunned until, on both sides, loudly laughing.  It was a MRDA before there were MRDAs.

The Profumo affair is noted also for being at least an influence in the end of the “age of deference” in England and while that’s often probably overstated, the immediate reaction and the aftermath proved it wasn’t only across colonial Africa that a “wind of change” was blowing.  The second Lord Astor (1907–1966) was emblematic of the upper classes of England who once would have expected deference from someone like Ms Rice-Davies, someone “not of the better classes” as his lordship might have put it.  Although what came to be known as the “swinging sixties” didn’t really begin until a couple of years after the Profumo affair when the baby-boomers began to come of age, the generational shift had by then become apparent and it was something surprisingly sudden as the interest of the young switched from pop music to politics.  As recently as the 1959 election campaign, the patrician Harold Macmillan (1894–1986; UK prime-minister 1957-1963) had told the working classes “most of you have never had it so good” and for the last time they would express their gratitude to their betters, delivering the Tories an increased majority, an impressive achievement for "the last of the old Edwardians" who, upon assuming the premiership in 1957 in the wake of the Suez debacle, had told the Queen he doubted his administration would last six weeks.

In the matter of Lehrmann v Network Ten Pty Limited [2024] FCA 369

Mr Justice Lee.

Justice Michael Lee (b 1965) in April 2024 handed down one of the more anticipated judgments of recent years, finding Bruce Lehrmann (b 1995), on the civil law test of the balance of probabilities, had raped Brittany Higgins (b 1993) on the sofa in a ministerial suite in Parliament House while the victim was affected by strong drink.  Apart from the heightened public interest in the verdict, lawyers were watching closely to see if there would be encouragement for those defending themselves in defamation cases, something which had been lent unexpected strength by an earlier judgment; although the matter of rape was central to the facts, Lehrmann v Network Ten was a defamation case.  However, for those who appreciate judicial findings for their use of language, Justice Lee didn’t disappoint and although neither Ms Rice-Davies nor MRDA were mentioned in his text, as he assessed the conduct and evidence of Mr Lehrmann, they may have come to mind.

Janet Albrechtsen in her study.

In his opening remarks, the judge acknowledged the case had become a cause celebre for many and that it was best described as “an omnishambles”, the construct being the Latin omni(s) (all) + shambles, from the Middle English schamels (plural of schamel), from the Old English sċeamol & sċamul (bench, stool), from the Proto-West Germanic skamul & skamil (stool, bench), from the Vulgar Latin scamellum, from the Classical Latin scamillum (little bench, ridge), from scamnum (bench, ridge, breadth of a field).  In English, shambles enjoyed a number of meanings including “a scene of great disorder or ruin”, “a cluttered or disorganized mess”, “a scene of bloodshed, carnage or devastation” or (most evocatively), “a slaughterhouse”.  As one read the judgement one could see why the judge was drawn to the word although, in the quiet of his chambers, “clusterfuck” may have been in his thoughts as he pondered the best euphemism.  Helpfully, one of the Murdoch press’s legal commentators, The Australian’s Janet Albrechtsen (b 1966; by Barry Goldwater out of Ayn Rand) who had been one of the journalists most interested in the case, informed the word nerds omnishambles (1) dated from 2009 when it was coined for the BBC political satire The Thick Of It and (2) had endured well enough to be named the Oxford English Dictionary’s (OED) 2021 Word of the Year.  The judge's linguistic flourish was a hint of things to come in what was one of the more readable recent judgments.

Noting Mr Lehrmann’s original criminal trial on the rape charge had been aborted (after having already been delayed for reasons related to the defamation matter) because of jury misconduct with a subsequent retrial not pursued because of the prosecution’s concern about the fragile mental state of the complainant, the judge observed “Having escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat.  In other words, Mr Lehrmann who could have walked away with no findings against him, lured by the millions of dollars to be gained, rolled the legal dice and was found to have committed rape.  He is of course not the first to fall victim to suffer self-inflicted legal injury in not dissimilar circumstances; the writers (from different literary traditions) Oscar Wilde (1854–1900) and Jeffrey Archer (b 1940) both were convicted and imprisoned as a consequence of them having initiated libel actions.  Whether Mr Lehrmann will now face a retrial in the matter of rape is in the hands of the Australian Capital Territory’s (ACT) Director of Public Prosecutions (DPP).  In such a case, it would be necessary to prove the event happened under the usual test in criminal law: beyond reasonable doubt.  Even if that isn’t pursued by the DPP, his time in courtrooms may not be over because it’s possible he may face action because of his conduct in this trial with the handling of certain documents and another unrelated matter is pending in Queensland.

In considering the evidence offered by Mr Lehrmann, the judge appears to have found some great moments in the history of MRDAs:

Commenting on his claim to having returned (after midnight following Friday evening’s hours of convivial drinking) to his Parliament House office to write papers about the French submarines and related government matters, he observed Mr Lehrmann …hitherto had demonstrated no outward signs of being a workaholic.  To remark that Mr Lehrmann was a poor witness is an exercise in understatement.

Regarding the claim Mr Lehrmann had made to someone to whom he’d just been introduced that he was …waiting on a clearance to come through so that he could go and work at Asis.” (the Australian Security Intelligence Service; the external intelligence service al la the UK SIS (MI6) or the US CIA (although without the assassinations… as far as is known)), the judge observed she “kept her well-founded incredulity to herself.”, such “Walter Mitty-like imaginings” demonstrating he …had no compunction about departing from the truth if he thought it expedient.

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

The reading of the judgement was live-streamed and the passage which got the loudest chuckle was in the discussion of Mr Lehrmann’s deciding whether he found Ms Higgins attractive.  In an interview on commercial television broadcast in 2023, he’d denied finding the young lady attractive, despite the existence of comments dating from 2019 indicating the opposite.  Pausing only briefly, Justice Lee delivered this news with an arched eyebrow:  When confronted by this inconsistency, his attempt to explain it away by suggesting the attraction he felt for Ms Higgins was ‘just like [the attraction] I can find [in] anybody else in this [court]room, irrespective of gender’ was as disconcerting as it was unconvincing.  The judge ordered to audience to suppress their laughter.

Even regarding submarines as a likely topic over drinks, his honour was sceptical: “With the exception of Mr Lehrmann, no one who gave evidence as to their time at The Dock could recall discussing Australia’s submarine contracts with France at either table. The lack of recollection of any discussion of this topic is intuitively unsurprising.  Declaiming on the topics of who was building submarines and where they were being built was not quite the repartee one would usually expect to hear over a convivial drink on a Friday night between 20 [something]-year-olds out for a good time – even if (with respect) one would not expect the badinage of the Algonquin Round Table.” (an early twentieth century, shifting aggregation of men & women of letters who met over lunch in New York’s Algonquin Hotel, their barbs and thoughts often appearing in their newspaper & magazine columns; they dubbed themselves “The Vicious Circle” and were a sort of Cliveden set without the politics.  Cliveden was a stately home in Buckinghamshire, the country seat of Lord Astor and the scene of many of the events central to the Profumo affair).

The judge was forensic in his deconstruction of Mt Lehrmann’s MRDA he returned to Parliament House after being out drinking with Ms Higgins and others in order to retrieve his keys: “If the reason Mr Lehrmann needed to return to Parliament House was to collect his keys, he could have texted his girlfriend to have her meet him at the door or called her.  Mr Lehrmann asks me to accept the proposition that it was ‘a process to get in’ to his shared flat and that to avoid this complication, he preferred to: (a) go out of his way to go back to work in the early hours; (b) lie to Parliament House security; (c) sign the necessary register; (d) be issued with a pass; (e) go through a metal detector; (f) be escorted by a security guard to his office; (g) obtain his keys from his office; (h) book another Uber; (i) go back through a Parliamentary exit; (j) meet the ride-share car; and then (k) ride home.

Bruce Lehrmann leaving the court after the verdict was delivered.

In psychiatry, distinction is made between the “habitual” and “compulsive” liar and while this wasn’t something Justice Lee explored, he did in one passage sum up his assessment of the likely relationship to truth in anything Mr Lehrmann might say: “I do not think Mr Lehrmann is a compulsive liar, and some of the untruths he told during his evidence may sometimes have been due to carelessness and confusion, but I am satisfied that in important respects he told deliberate lies. I would not accept anything he said except where it amounted to an admission, accorded with the inherent probabilities, or was corroborated by a contemporaneous document or a witness whose evidence I accept.

One fun footnote from the case was a non-substantive matter, Ms Lisa Wilkinson (b 1959), the Network 10 journalist at the centre of the defamation claim, objecting to being characterized as a “tabloid journalist”.  It transpired her employment history included stints with Dolly, the Australian Women’s Weekly and commercial television including the Beauty & the Beast show.  Unfortunately, she wasn’t asked to define what she thought “tabloid journalism” meant; perhaps Justice Lee decided he’d heard enough MRDAs that day.

On the basis that, on the balance of probabilities, Mr Lehrmann did rape Ms Higgins, his claim for damages against Network Ten for defamatory material earlier broadcast was dismissed.  The judge found the material indeed had the capacity to defame but because the imputations substantially were true, their defense was sustained.  So, the only millions of dollars now to be discussed concern the legal costs: who is to pay whom, the judge asking the party’s submission be handed to the court by 22 April.  Mr Lehrmann’s legal team has not indicated if they’re contemplating an appeal.

Despite many opportunities, Peter Dutton (b 1970; leader of the opposition and leader of the Australian Liberal Party since May 2022) has never denied being a Freemason.