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Tuesday, June 25, 2024

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" and 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 when the moral panic over the disclosure Ms Keeler 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 disestablished 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.

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 and it was the obvious choice of pose for Joanne Whalley-Kilmer’s promotional shots for the 1989 film in which she played Ms Keeler; it was used also for 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" seems to be the preferred modern term.

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.

Electric Chair Suite (1971) screen print decology 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.

Sunday, November 20, 2022

Ambassador

Ambassador (pronounced am-bas-uh-dawr)

(1) A diplomatic official of the highest rank, sent by one sovereign or state to another as its resident representative (ambassador extraordinary and plenipotentiary).

(2) A diplomatic official of the highest rank sent by a government to represent it on a temporary mission, as for negotiating a treaty.

(3) A diplomatic official serving as permanent head of a country's mission to the United Nations or some other international organization.

(4) An authorized messenger or representative.

(5) A term for a corporate representative, often the public face(s) of the company, mush favoured by fashion houses etc.

1325-1375: From the Middle English ambassadore, from the Anglo-Norman ambassadeur & ambassateur, from the Old Italian ambassatore (ambassador in the dialectal Italian), from the Old Occitan ambaisador (ambassador), a derivative of ambaissa (service, mission, errand), from the Medieval Latin ambasiator, from the andbahti (service, function), from the Proto-Germanic ambahtiją (service, office), a derivative of the Proto-Germanic ambahtaz (servant), from the Gaulish ambaxtos (servant) which was the source also of the Classical Latin ambactus (vassal, servant, dependent).  The early Proto-Celtic ambaxtos (servant), was from the primitive Indo-European ambhi (drive around), from ambi- (around) + ag- (to drive).  The adjective ambassadorial (of or belonging to an ambassador) dates from 1759.

The spellings ambassador and embassador were used indiscriminately until the nineteenth century, the OED (Oxford English Dictionary) curiously continuing, well into the twentieth century, to insist the later was the preferred form in US English long after it had there been abandoned everywhere except in the halls of the State Department.  In diplomatic use, the US government had an interesting history of nomenclature, neither sending nor accrediting foreign ambassadors, having only “ministers”.  The reason for this lies in the origins of the United States as a revolutionary state freeing itself from monarchical tyranny; it thus insisted only on ministers who represented states, not ambassadors who historically were the personal emissaries of sovereigns.  Functionally there was no difference and not infrequently, in in casual use ministers were styled as ambassadors with neither offence or declaration of war following and, having made the political point for a century, after 1893, every minister became instead an ambassador.

Margaret Qualley (b 1994), Venice Film Festival, August 2019, Brand Ambassador for French fashion house Chanel.

Diplomatic ranks since 1961

Diplomatic rank is the system of professional and social rank used in the world of diplomacy and international relations. A diplomat's rank determines many ceremonial details, such as the order of precedence at official processions, the seat at the table at state dinners, the person to whom diplomatic credentials should be presented and the title by which they should be addressed.

The current system of diplomatic ranks was established by the Vienna Convention on Diplomatic Relations (1961) and the modern ranks are a simplified version of the more elaborate system established by the Congress of Vienna (1814-1815).  There are now three senior ranks, two of which remain in use:

Ambassador. An ambassador is a head of mission who is accredited to the receiving country's head of state. They head a diplomatic mission known as an embassy, which is usually headquartered in a chancery in the receiving state's capital, often clustered with others is what’s often styled a “diplomatic quarter”, a feature of town-planning especially associated with cities where physical security is a concern.  A papal nuncio is considered to have ambassadorial rank, and they preside over a nunciature and often, in predominantly Roman Catholic countries are, ex officio, appointed dean of the diplomatic corps.  Between Commonwealth countries, high commissioners are exchanged; they preside over a high commission and enjoy the same diplomatic rank as an ambassador.

Minister. A Minister is a head of mission who is accredited to the receiving country's head of state. A Minister heads a legation rather than an embassy. However, the last legations were upgraded to embassies in the late 1960s, and the rank of Minister is now obsolete.  An envoy or an internuncio was also considered to have the rank of Minister; they’re now granted status ad-hoc but tend to be regarded as being on the level of consular appointments.

None of this should be confused with the long and tangled history of the resident minister, appointments sometimes political, sometimes diplomatic and sometime administrative.  At different times and in different places, it’s meant different things, used essentially to mean whatever the immediate situation demanded and, being outside any formal rules or conventions of diplomacy, flexibility was possible.

A chargé d'affaires en pied (usually styled as chargé d'affairs in everyday use) is a permanent head of mission, accredited by his country's foreign minister to the receiving nation's foreign minister, in cases where the two governments have not reached an agreement to exchange ambassadors.  A chargé d'affaires ad interim is a diplomat who temporarily heads a diplomatic mission in the absence of an ambassador.

A variety of titles exist beneath the formal three such as counsellor, first secretary, second secretary, third secretary, attaché and assistant attaché.  The actual roles discharged vary, indeed, some of these jobs are actually covers for spies or other political operatives and, just as ambassadorships are used often as a rewards for helpful services (such as large campaign donations) or as a temptingly lucrative sinecure to get a potential rival out of the country, the lower appointments have been a dumping ground for troublesome public servants when, for whatever reason, they can’t be sacked.  The diplomatic appointment also determines the description of the architecture.  An ambassador works from (and usually lives in) an embassy where other diplomats (except Commonwealth high commissioners who operate from high commissions) tend to be housed in consulates.  Like ambassador and embassador, the terms ambassy and embassy used to be interchangeable but in each case one prevailed and the other went extinct.  Etymology has no explanation for either case except it was just a pattern of use which emerged and that’s how English evolves.

The word embassy evolved in another way.  It now, institutionally and architecturally, refers to something permanent but, until the late nineteenth century was more often a temporary mission and described a delegation which would return home when its business concluded.  The history is reflected in some terms still used in diplomacy such as "Head of Mission".

Uncle Otto and nephew Eric

Uncle Otto, saluting, Paris 1940.

Because the Third Reich never concluded a peace treaty with Vichy France, diplomatic recognition was not possible under international law so no ambassador was accredited.  However, there was a de-facto ambassador, Hitler appointing Otto Abetz (1903-1958) to the German Embassy in Paris in November 1940, a post he held until July 1944 when diplomatic conditions changed a bit.  As the letters patent made clear, he acted with the full ambassadorial powers.  In July 1949 a French court handed Abetz a twenty-year sentence for crimes against humanity; released in 1954, he died in 1958 in a traffic accident on the Cologne-Ruhr autobahn.

Nephew Eric, taking tea, Canberra 2018.

Otto Abetz was the great uncle of Eric Abetz (b 1958 who between 1994-2022, served as a senator (Liberal Party, Tasmania) in the Australian parliament.  Because of the coincidence of one being born in the same year death visited the other, there was speculation about the transmigration of uncle Otto’s soul to nephew Eric.  Spiritualists however generally agree this would have been impossible because the senator was born on 25 January 1958, his old Nazi relative living until 5 May the same year.  Transmigration was known also as metempsychosis and was an idea most associated in the West with pre-Ancient (archaic) Greece but which may (perhaps concurrently) have origins in Egypt and India.

The American Motors Corporation (AMC) Ambassador was produced in eight generations between 1957-1974 although the name had since 1927 been used by a company which would become part of the ultimately doomed AMC conglomerateEmblematic of AMC's unsuccessful attempt to compete with Detroit's big three (General Motors, Chrysler & Ford), the Ambassador was in those years offered variously as an intermediate and full-sized car and this unfortunately culminated it's largest ever iteration being sold as the first oil crisis struck in 1973; the universe shifted and the Ambassador was axed in little more than year.  One footnote in the story is that in 1968, AMC's advertising made much of the Ambassador being the only car in the world, except those from Rolls-Royce, which fitted air-conditioning as standard equipment.  That was a bit of a fudge in that at the time a number of European manufacturers fitted air-conditioning (optional in Europe) to all of at least some of the models they shipped to the US but technically, AMC was correct.

Lindsay Logan, nueva embajadora de Allbirds (the new Allbirds ambassador), possibly on a Wednesday.

In 2022, Allbirds appointed Lindsay Lohan as an ambassador for its "Unexpected Athlete" campaign, focusing on her for the new limited edition of its most successful running shoe to date, the Tree Flyer.  The promotional video issued for the announcement was nicely scripted, beginning with Ms Lohan’s perhaps superfluous admission that as an ambassador for running “I am a little unexpected" before working in a few references to her career in film (showing again a rare sense of comedic timing), fondness for peanut butter cookies and the odd social media faux-pas, many of which she's over the years embraced.  The feature shoe is the "Lux Pink" which includes no plastics.  As a well-known car driver and frequent flyer who has for years lived in an air-conditioned cocoon in Dubai, it’s not clear how far up the chart of conspicuous consumption Ms Lohan has stamped her environmental footprint but US-based footwear and apparel company Allbirds claims its design, production & distribution processes are designed to make its products as eco-friendly as possible.  It is a certified “B Corporation”, a system of private certification of for-profit companies of their "social and environmental performance" conferred by B Lab, a non-profit organization which aims to provide consumers with a reliable way to distinguish the genuinely environmentally active from those which cynically “greenwash”.

Lindsay Lohan, Allbirds “Unexpected Athlete Ambassador”.