Bench

Bench (pronounced bench)

(1) A long seat (without arm or back-rest) for two or more people:

(2) A seat occupied by an official, especially a judge in a courtroom.

(3) Such a seat as a symbol of the office of an individual judge or the judiciary.

(4) The office or dignity of various other officials, or the officials themselves.

(5) In certain team sports, the seat (literally or figuratively) on which the reserve (substitute) players sit during a game while not playing and on which “starting side” players sit while substituted.

(6) The quality and number of the players named as substitutes.

(7) By extension, the quality and number of professionals or experts in reserve, to be called upon as needed:

(8) As a clipping of workbench, the worktable of those engaged in trades.

(9) In interior design, certain fixed flat surfaces (kitchen bench, bathroom bench etc).

(10) A platform on which animals or objects are placed for exhibition.

(11) In farming, a hollow on a hillside formed by sheep.

(12) In surveying, a bracket used to mount land surveying equipment onto a stone or a wall.

(13) In certain legislatures, as “front bench” (the office-holding members of a government or opposition who sit on the bench at the front of their side of the assembly), “back bench” (those elected members not appointed to an office who sit on benches behind) and “cross-bench” (those not members of the party in government or formal opposition who sit on other benches).  The terms are sometimes literal but depending on an assembly’s architecture or the size of a government’s majority, others can sometimes “overflow” to the physical “cross benches”.  Thus there are “front benchers”, “back benchers” & “cross benchers” (sometimes hyphenated).

(14) In geography, a shelf-like area of rock with steep slopes above and below, especially one marking a former shoreline.

(15) In extractive mining, a step or working elevation in a mine.

(16) In science (usually as “at the bench”), to distinguish between being engaged actively in research and concurrent or subsequent administrative functions.

(17) To furnish with benches (now rare).

(18) To seat on a bench or on the bench (now rare).

(19) In extractive mining, to cut away the working faces of benches.

(20) In certain team sports, to substitute or remove a player from a game or relegate them to the reserve squad.

Pre 1000: From the Middle English bench, benk & bynk, from the Old English benc (bench; long seat (especially if backless)), from then Proto-West Germanic banki, from the Proto-Germanic bankon & bankiz (bench), from the primitive Indo-European bheg.  It was cognate with the Scots benk & bink, the West Frisian bank, the Dutch bank, the Old High German Bank, the Old Norse bekkr, the Old Frisian benk, the Danish bænk, the Swedish bänk and the Icelandic bekkur, all from a Germanic source and all of which meant “bench”.  In the Old English there were the verbs bencian (to make benches) and bencsittend (one who sits on a bench).  The dialectal spellings benk & bink are both long obsolete.  Bench & benching are nouns & verbs, bencher is a noun, benched is a verb & adjective and benchy & benchlike are adjectives; the noun plural is benches.

The source of the idea of the “bench as a type of long seat” is thought to come from riparian imagery (natural earthen incline beside a body of water) and etymologists speculate the original notion was of a “man-made earthwork used as a seat”.  Bench was from the late fourteenth century used of the tables on which merchants displayed their wares and that may have been a borrowing from the reference to the seat the judge would occupy in a court of law, that use emerging early in the 1300s and coming soon to mean “judges collectively, office of a judge, the judiciary”.  Whether it was actually an allusion to customers “judging the goods displayed” is speculative.  The use in team sports of “the bench” being the “reserve or substitute team members” was drawn from the actual physical bench on the sideline on which those players would sit while not on the field.  The earliest known reference to the existence of furniture used for this purpose is from the US in 1899 but extending this generally to the “reserve of players” in baseball, football etc seems not to have begun until 1909.  In sport, the idiomatic forms include “bench player” (one habitually selected only in the reserves and not the “starting side”), “benched” (a player substituted during play and “sent to the bench”, either because of poor performance or as part of a planned rotation, “injury bench” (players substituted due to injury), “bench warmer (or “bench sitter”, or “bench jockey”) (one whose career has plateaued as a “bench player”, “warming the bench”) 

Bench has attracted many modifiers describing use including “bench grinder”, “bench saw”, “bench drill”, “sawbench”, “kitchen bench”, “deacon's bench”, “friendship bench”, “bench easel”, “mourners' bench”, “piano bench” (a “piano stool” for two), “preacher’s bench” etc.  The noun & verb “benchmark” refers to the optimal results obtained when testing something or someone on a “test bench” although the use is often conceptual, a physical “test bench” not necessarily part of the processes and even some structures in engineering referred to as a “test bench” may bear no relationship to any actual “bench” however described.

Of seats

Bench seats ranged from the functional to the extravagant.

1971 Holden HQ Belmont Station Sedan (station wagon or estate-car) (left) in turquoise vinyl and 1974 Imperial LeBaron four-door hardtop (right) in chestnut tufted leather though not actually “rich Corinthian leather” which was (mostly) exclusive to the Cordoba (1975-1983) until late 1975 when not only did the Imperial's brochures mention "genuine Corinthian leather (available at extra cost)" but for the first time since 1954 the range was referred to as the "Chrysler Imperial", a harbinger the brand was about to be retired.  Imperial's advertising copy noted of the brochure photograph above: “...while the passenger restraint system with starter interlock is not shown, it is standard on all Imperials.”; the marketing types didn't like seat-belts messing up their photos.  While all of the big three (GM, Ford & Chrysler) had tufted interiors in some lines, it was Chrysler which displayed the most commitment to the extravagance although regrettably, some testers at the time reported than while they looked accommodating, after an hour of so, they proved quite uncomfortable.  They contrasted the eye-catching seats in the Imperial with the "hard" pews provided by Mercedes-Benz which proved supportive and comfortable even after hours behind the wheel, concluding backs, shoulders and legs were a more reliable guide to orthopedic correctness  than visual appeal, Teutonic austerity proving more luxurious than Detroit's rococo.

Boring: Rear bench seat in 1963 Chrysler 300J.

The 1963 Chrysler 300J was the rarest (ie the one fewest customers purchased) of the eleven “letter-series” cars (1955-1965) and whether or not related to its performance in the market, one thing which at the time attracted comment was a rear bench seat replacing the eye-catching twin buckets and full length console which had for three seasons appeared in its predecessors (300F, 300G & 300H).  In 1963, the industry, chasing volume & profits, had begin the process of “de-contenting” their cars, either ceasing the availability of stuff expensive to make or install or moving such items to the option list; by the late 1960s even Cadillac would be afflicted.  The Chrysler “letter series” 300s had begin in 1955 with what many had assumed was a one-off high-performance model created by mixing & matching trim from the Imperial line (newly that year established as a stand-alone marquee) as well as tuning the mechanical components for speed.  Existing initially to homologate stuff for use in competition, not only did the C-300 sell in a pleasing volume but it was such a success as a image-building “halo car” the model was retained for 1956 and dubbed 300B with a further nine annually following until the end of the line in with the 300L 1965, each release appending as an identifier the next letter in the alphabet (thus 300C, 300D etc).

Much more swish: Rear bucket seats in 1961 Chrysler 300G.

However, as well as the dubious distinctions of being the least popular and being the only one the series between 1957-1965 not to be offered as a convertible, the 300J represents a quirk in the naming sequence, Chrysler skipping the letter “I”.  That was done for the same reason there are so few “I cup” bras, the rationale being “I” might be confused with the numeric “1” so most manufacturers go straight from “H cup” to “J cup” although some plug the gap with a “HH cup” and there are even those who stop at “G”, handing incremental increases in volume with “GG” & “GGG” cups; it does seem an industry crying out for an ISO.  There’s no evidence Chrysler ever pondered a “300HH”.  Like Chrysler and most bra manufacturers, the USAF (US Air Force) also opted to skip “I” when allocating a designation for the updated version of the Boeing B-52 Stratofortress (1952-1962 and still in service).  Between the first test flight of the B-52A in 1954 and the B-52H entering service in 1962, the designations B-52B, B-52C, B-52D, B-52E, B-52F & B-52G sequentially had been used but after flirting with whether to use B52J as an interim designation (reflecting the installation of enhanced electronic warfare systems) before finalizing the series as the B-52K after new engines were fitted, in 2024 the USAF announced the new line would be the B-52J and only a temporary internal code would distinguish those not yet re-powered.  Again, “I” was not used so nobody would think there was a B521.

1958 Metropolitan Hardtop in two-tone Frost White and Berkshire Green over black and white houndstooth cloth and vinyl.

Under various marques, the Metropolitan was in production between 1953-1961 and its cartoon-like appearance was a result of applying the motifs of the standard-sized US automobile to something much smaller and in that it was conceptually similar in concept to the more severely executed Triumph Mayflower (1949-1953) which took as a model the “knife-edged” lines of the Daimlers and Rolls-Royces bodied by Hooper.  Although most four-door cars with front bench seats featured full-width cushions (one which one’s butt sat) and squabs (on which one’s back rested), most two door models had “split squabs” which individually could be folded forward, affording someone access to the rear passenger compartment without disturbing anyone sitting on the other side of the front seat.

1958 Metrolpoitan.

The split squabs erect (left), the passenger's folded forward to afford entry to the rear bench (centre) and the rear bench's squab laid flat to allow access to the trunk or provide a larger storage space (right).  In modern five-seaters, the trend has been the so-called 40/60 split seat which allows two passengers still to sit on the back seat while extending the trunk space into the cabin, the origin of the idea reputedly the desire of skiers to carry their skis & poles without the need to fit external racks.  The Metropolitan also had a fold-down rear bench, a common feature in many station wagons, SUVs (sports utility vehicle) and such but for the diminutive Metropolitan it was essential because there was no trunk (boot) lid.  Though not unique, that was unusual in four-seat sedans (which the Metropolitan sort of was) although some sports cars also lacked the fitting including the early Austin-Healey Sprite (the so-called bugeye or frogeye (depending on the side of the Atlantic where one sat)) and every Chevrolet Corvette between the release of the C2 in 1962 and the C5 in 1998.

Bench seat for four: the improbable 1948 Davis Divan.  The blue car (one of a dozen survivors of the 17 built) was restored by the Petersen Automotive Museum in Los Angeles where it is on display.

In cars and such, a “bench seat” differs from a “bucket” or “individual” seat in that comfortably it can accommodate three occupants, the comparison with furniture being the difference between a “chair” and a “sofa”.  In commercial vehicles, bench seats commonly can seat four but in cars the recommended (and eventually legal) limit was typically three although the truly bizarre Davis Divan (1948) featured a bench allowing four abreast seating for adults, something which would have been an interesting experience for the quartet because a quirk of the suspension system was the long, pointed nose of the thing actually rose under braking.  The three-wheeled Divan was the brainchild of “automotive entrepreneur” (some historians are less kind) Glen Gordon “Gary” Davis (1904-1973) who put some effort into building the prototypes, not enough into preparation for actual production but much into raising funds from “investors”, a goodly chunk of which apparently was spent on real estate, entertaining and mink coats for “friends” (with all that implies).  He had a flair for slogans so many investors were attracted but the project proved chimeric, Mr Davis subsequently tried and convicted of fraud & grand theft, spending two years in prison.  The name Divan was used as an allusion to the car's wide bench seat.  It was from the French divan, from the Ottoman Turkish دیوان (divan), from the Iranian Persian دیوان (divân), from the Classical Persian دیوان (dēwān), from Middle Persian dpywʾn' or dywʾn' (dēwān) (archive, collected writings, compilation of works”), from the Sumerian dub.  The sense was of a sofa-like piece of furniture comprising a mattress lying against the wall and on either the floor or an elevated structure.  Part of the tradition of interior decorating in the Middle East, in the West divans are sometimes called “ottomans”; those with an internal storage compartment: “box ottomans”.

Four American Airlines stewardesses proving the bench seat had “hiproom for four adults; its foam rubber cushion beautifully upholstered in long-wearing synthetic fabrics.”  Dr Phil Tiemeyer's Women and the Jet Age. A Global History of Aviation and Flight Attendants (2025) explores the post-war aviation industry and the not always happy part played by flight attendants.

Resembling a large shoe mounted on a tricycle undercarriage, so much was strange about the Davis Divan that in 1948 the four-abreast seating configuration probably didn’t seem so startling.  Still, the public were aware of the unusual feature because among the many publicity shots distributed was one of four American Airlines flight attendants (then called stewardesses) perched, apparently happily, on the bench seat while Mr Davis looked on approvingly.  Presumably, the four young ladies were relaxed and comfortable because the space available was rather more than airlines these days provide for economy-class passengers in airliners.  To this day, there are those who defend Mr Davis and claim the corporate failure was a consequence of his managerial ineptitude rather than constructive fraud but as well as the mink coats, there were clues some of techniques used to raise what would now be called VC (venture capital) were suspect, including the claim the movie star Greta Garbo (1905-1990) was one of the investors.  Ms Garbo was by 1948 already legendarily reclusive, never gave interviews and journalists who sent type-written questions (including a return SSAE (stamped self-addressed envelope)) were ignored.  If any alleged “investor” was unlikely to contradict Mr Davis, it was Greta Garbo.

Mannerist but not quite surrealist: Some artistic licence taken.

Advertising for the 1961 Pontiac Bonneville Sports Coupe (left) with images by Art Fitzpatrick (1919–2015) & Van Kaufman (1918-1995) and a (real) 1961 Pontiac Bonneville Sports Coupe (right) fitted with Pontiac's much admired 8-lug wheels, their exposed centres actually the brake drum to which the rim (in the true sense of the word) directly was bolted.  Four could be seated on the Bonneville's front seat but the packaging efficiency was not as good as was found on the Divan; although the car was 8.2 inches (208 mm) wider (78.2 (1,986) vs 72.0 (1,829)), at 63.4 inches (1,610 mm), the Pontiac’s front seat was narrower than the 64 inches (1,626 mm) found in the Divan.  The inefficiency inside was reflected under the hood (bonnet).  Although wide, even Detroit's large-displacement V8s of the post-war years were, by historic standards, relatively short, but to achieve the desired look (longer, lower, wider), the stylists rendered long noses and such was the capaciousness, a straight-8 or V16 could have been installed.  Remarkably, as a marker of distinction, some of these machines even had their noses extended a few inches, just "for the look", creating even more waste space.  Undeniably, something like the 1969 Pontiac Grand Prix was dramatic but it was emblematic of an era of self indulgence. 

Had one taken seriously some of the images used to advertise US cars in the 1960s, one might have assumed Mr Davis had been so influential that bench seats might by 1961 seat five but sadly, the work of Fitzpatrick & Kaufman (best remembered for what they rendered for GM’s (General Motors) PMD (Pontiac Motor Division) took some artistic licence and one piece of exaggeration was width.  The pair rendered memorable images but certainly exaggerated things where they though it would help created what were even then admired as simulacrums rather than something to be taken literally.  While PMD’s “Year of the Wide-Track” (introduced in 1959) is remembered as a slogan (the original advertising copy read “Wide Track Wheels” but was soon clipped to “Wide Track” because it was snappier), it wasn’t just advertising shtick, the decision taken to increase the track of Pontiacs by 5 inches (127 mm) because the 1958 frames were carried-over for the much wider 1959 bodies, rushed into production because the sleek new Chryslers had rendered the old look frumpy and suddenly old-fashioned.  That spliced-in five inches certainly enhanced the look but the engineering was sound, the wider stance did genuinely improve handling.  Just to make sure people got the message about the “wide” in the “Wide Track” theme, the advertising artwork deliberately exaggerated the width of the cars they depicted and while it was the era of “longer, lower, wider” (and PMD certainly did their bit in that), things never got quite that wide.  Had they been, the experience of driving would have felt something like steering an aircraft carrier's flight deck.

Davis Divan: Even if the car wasn’t “real”, the brochure was well-done, reflecting the influences of Art Deco and Mid-Century Modernism.

Although not in US terms a “big” car, at 72 inches (6 feet, 1.8 metres) in width, the Davis Divan was comparatively wide, as of course it had to be make the four-place bench seat viable.  Still, with an apparently aerodynamic body made from aluminium (taking advantage of the ample stock of the metal created when contacts for military aircraft had been cancelled after the unexpectedly abrupt end of World War II (1939-1945)) it weighed in at a svelte 2,450 pounds (1,110 kg) so the small, four cylinder engines would have delivered low fuel consumption and provided adequate, if not sparkling, performance although if the shape was as slippery as it appeared, the claimed top speed of 115 mph (185 km/h) may have been plausible; as far as is known, no one has ever attempted to verify the claim.  In a booming economy in which new cars were in high-demand, the package must have seemed attractive to investors, especially as it was expected to sell for what seemed a competitive US$995.

One of the mink coats made infamous in the court proceedings in which Mr Davis was handed a two-year sentence after being convicted of fraud & grand theft.

In retrospect, the projected price was as remote from economic reality as the 990 Reichsmarks (RM) the Nazi Party in 1938 promised would be the cost Germans would pay for a new KdF-Wagen.  The Kraft durch Freude-Wagen was the “people’s car” marketed by the Party’s Kraft durch Freude (Strength Through Joy) operation which also ran cruise liners and holiday resorts and although not one car had been delivered to a civilian customer by the end of the war, it would subsequently enjoy much global success as the Volkswagen Type 1 (VW Beetle, 1938-2003).  As late as 1943 some of the 340,000-odd Germans obediently still were making their weekly payment of 5 RM and it would be more than a decade before some received any form of refund.  While over 21 million VW Beetles were made, Davis Divan production only ever reached 16 or 17 (including three specialized military (non-combat-vehicles) variants) and remarkably, at least 12 have survived as curiosities in museums and private collections.

Of law

Bench seat for four: A gang of four Sceggs.  Sceggs should not be confused with the homophonic skegs, a feature from shipbuilding.

In courts of the common law tradition the terms “bench” & “bar” date from the medieval age and remain part of courtroom terminology.  “The bench” was originally the seat on which judges at while presiding, the early furniture apparently a simple wooden bench as one would find at many long dining tables and in the manner typical of the way English evolves, “bench” came to be used of judges collectively and of the institution of the judiciary itself.  The “bar” was the physical barrier separating the spectators and participants of a trial from the area where the lawyers and judges conducted the proceedings, thus the “bar table” being that at which the advocates sat and the right to practice law before the bench being “passing the bar”, familiar in the modern US phrase “passing the bar exam” or the English form “called to the bar”.  As “bench” became a synecdoche for the judiciary, “bar” came to be used of the lawyers although in jurisdictions where there is a separation between those who appear in court (barristers) and those who do not (solicitors) “bar” was applied only to the former and even after reforms in some abolished the distinctions between certain branches of the law, specialist practitioners continue often to be referred to as the “equity bar” & “common law bar”.  There’s thus the apparent anomaly of the use of “bencher” (recorded in the 1580s) being used to mean “senior member of an inn of court”, all of whom would have been members of “the bar”.  Presumably the idea was one of “approaching the bench” or (more mischievously) “aspiring to the bench”.  The bench-warrant (one issued by a judge, as opposed to one issued by a magistrate or justice of the peace (JP) dates from the 1690s. 

An illuminated manuscript (circa 1460) which is the earliest known depiction of the Court of King's Bench in session.

In England, the Court of King’s Bench (KB) (or Queen’s Bench (QB) depending on who was on the throne) began in the twelfth century as a court at which the monarch literally presided; it was a circuit court which would, from time-to-time, travel around the counties hearing cases.  The Court of KB was thus in some sense “virtual”, whatever wooden bench upon which he sat becoming the KB for the duration of the trial.  Kings would cease to sit as judges and the KB later was interpolated into the system of courts (there would be many internecine squabbles over the years) until (as the Court of Queen’s Bench), under the Supreme Court of Judicature Act (1873), it, along with the Court of Common Pleas, the Court of Exchequer and Court of Chancery were merged to become the High Court of Justice, each of the absorbed institutions becoming a division.  The Common Pleas and Exchequer Division were abolished in 1880 when the High Court was re-organized into the Chancery Division, Queen's Bench Division and the Probate, Divorce and Admiralty Division (the latter memorably known as “wills, wives & wrecks” in legal slang).  The origin of the KB is a hint of why a king or queen can’t appear before a court in the UK or other places in which they remain head of state: Although it is in a practical sense now a legal fiction, all courts of law are “their courts” of which they remain the highest judge.  The most famous (or infamous) relic of all this is the power of pardon which although no longer a personal power in the hands of the king, remains exactly that for a US president and is the only head of power in the US constitution not subject to "checks & balances", a POTUS able to grant pardons by ex-officio fiat.  In that sense, the POTUS is the "chief magistrate" mentioned in the Federalist Papers (1788) although the authors used the term to distinguish a republic's president from European monarchs by stressing the execution of legal duties under the rule of law rather than sovereign privilege.  Not all presidents have been much troubled by that distinction. 

Benches afforced with foreign judges, the Chinese Communist Party and Hong Kong’s national security law

Multi-national benches are not uncommon.  There have been courts operating under the auspices of the LoN (League of Nations;1920-1946) & UN (United Nations; since 1945) such as the ICC (International Criminal Court), the ICJ (International Court of Justice) and the various ad-hoc bodies set up to handle prosecutions related to crimes in specific locations (Rwanda, the former Yugoslavia etc) and the UK had the JCPC (Judicial Committee of the Privy Council) which included senior judges from the Commonwealth.  The JCPC functioned not only as a final court of appeal for Commonwealth nations (a role for a handful it still fulfils) but also as the appellate tribunal for a number of domestic bodies including some ecclesiastical bodies, admiralty matters and even matters from the usually obscure DCRCVS (Disciplinary Committee of the Royal College of Veterinary Surgeons).  There were also the IMTs (International Military Tribunal) which tried matters arising from the conduct of German & Japanese defendants from World War II (1939-1945), the bench of the latter Tokyo Tribunal notably diverse although those of the subsequent dozen trials in Nuremberg after the first (1945-1946) were staffed exclusively by US judges.  A number of former colonies also use foreign judges (and not always from the former colonial power).

However, what remains unusual is the matter of the CCP (Chinese Communist Party) deciding to have foreign judges serve on The HKCFA (Hong Kong's Court of Final Appeal), established in 1997 when the HKSAR (Hong Kong Special Administrative Region) was created upon Beijing regaining sovereignty (under the IC2S (one country, two systems)) principle, with the end of British colonial rule.  At that point, the HKCFA became the territory’s highest judicial institution, replacing the JCPC in London.  On the HKCFA’s bench sits the Chief Justice (a Hong Kong national), several “Permanent Judges” and some two-dozen odd “Non-permanent Judges” who may be recruited from Hong Kong or from among lawyers of the requisite background from any overseas common law jurisdiction.  As non-permanent judges, appointments have been drawn (from bar & bench) from Canada, Australia, New Zealand and the UK.

Lindsay Lohan, foreign judge on the bench of The Masked Singer (2019), a singing competition, the Australian franchise of a format which began in the ROK (Republic of Korea (South Korea)) as King of Mask Singer.

While it may seem strange a developed country like the PRC (People’s Republic of China (the old "Red China"), the world’s second largest economy, a permanent member of the UNSC (UN Security Council) and since 1965 the final member of the original “Club of Five” declared nuclear powers) would have foreign judges sitting on the bench of one of its superior courts, on the mainland the PRC operates under a civil law system which, like the tradition in continental European, is based primarily on written statutes and codes (with ultimate effective control remaining with the CCP), unlike common law systems, which rely heavily on case law and judicial precedent.  As a British colony, Hong Kong had used common law and under that system had become a major regional and international presence, something in part due to its judicial system being perceived as fair and uncorrupted; it was a “rule of law” state.

In the PRC there simply wasn’t a body of judges or lawyers with the necessary background in common law to staff the territory’s highest appellate court and significantly, at the time of the handover from the Raj, Hong Kong was of great importance to the PRC’s economy and the CCP understood it would be critical to maintain confidence in the rule of law, investors and overseas corporations with a presence in Hong Kong needing to be assured matters such as contracts would continue as before to be enforceable.  So it was, literally, “business as usual”, whatever may have been the fears about the political undercurrent.  The growth of the mainland economy since 1997 has been such that the HKSAR now constitutes only a small fraction of the national economy but analysts (some of whom provide advice to the CCP) understand the linkages running through the territory remain highly useful for Beijing and some long-standing conduits are still used for back-channel communications about this and that.  As far as business is concerned, the operation of the legal system has remained mostly satisfactory, even though the CCP ensured Beijing retained a reserved power to overturn the HKCFA’s decisions, the "rule of the CCP" sometimes thought preferable to the implications of "rule of law".

The colonial era building where now sits the Hong Kong Court of Final Appeal.  Formally opened in 1912, it was built with granite in the neo-classical style and between 1985-2011 was the seat of the Legislative Council (LegCo).

However, in 2020, a “National Security Law” (technically the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and thus usually written in English as the “NSL”) was imposed.  While not aimed at the regulation of business or economic matters, it was wide in scope and claims of application (the extraterritoriality extending worldwide), essentially extending to the territory many of the laws of the mainland regarding “political activities” and matters of “free speech”, the latter interpreted by the CCP in a way not unique but certainly different from Western understandings.  Citing the “political situation”, two British judges in June 2024 resigned from the HKCFA, prompted by Beijing’s recent crackdown on dissent in the city, something made possible by the NSL.  In his published letter, one judge, his rationale for departure notwithstanding, did say he continued “…to have full confidence in the court and the total independence of its members.”  As early as 2020, one Australian judge had already resigned, followed by two others from the UK, both saying the Hong Kong government had “…departed from values of political freedom and freedom of expression.”  The CCP may have anticipated some objection from the overseas judges because, since the passage of the NSL, no overseas judge has been allocated to hear the “security-related” cases.  The judicial disquiet seemed not to trouble the territory’s chief executive, former police officer Ka-chiu (John Lee; b 1957) who said the overseas appointments would continue to help “…maintain confidence in the judicial system and… strong ties with other common law jurisdictions.”  In response to the departing judge’s comment, he claimed the NSL had “no effect” on judicial independence and the only difference was that “…national security is now better safeguarded.”

Early in June, the Hong Kong authorities arrested two men and one woman attending a FIFA (Fédération Internationale de Football Association (the International Federation of Association Football that, for historic reasons, recognizes more countries than the UN)) World Cup qualification match against Iran, their offence being “turning their backs to the pitch and not standing during the performance of the national anthem”, a police spokesman adding that anybody “…who publicly and intentionally insults the national anthem in any way in committing a crime.”  Before the NSL was imposed, bolshie Hongkongers were known to boo the anthem to express discontent with their rulers; that definitely will no longer be tolerated.  The match ended Iran 4: Hong Kong 2 but despite that, more than ever the HKSAR and the Islamic Republic have much in common.

Literal

Literal (pronounced lit-er-uhl)

(1) In accordance with, involving, or being the primary or strict meaning of the word or words; not figurative or metaphorical.

(2) Following the words of the original exactly.

(3) True to fact; not exaggerated; actual or factual; being actually such, without exaggeration or inaccuracy.

(4) Of, persons, tending to construe words in the strict sense or in an unimaginative way; matter-of-fact; prosaic.

(5) Of or relating to the letters of the alphabet (obsolete except for historic, technical or academic use); of or pertaining to the nature of letters.

(6) In language translation, as "literal translation", the precise meaning of a word or phrase as opposed to the actual meaning conveyed when used in another language.

(7) A typographical error, especially involving a single letter (in technical use only).

(8) In English (and other common law jurisdictions) law, one of the rules of statutory construction and interpretation (also called the plain meaning rule).

(9) In computer science, a notation for representing a fixed value in source code.

(10) In mathematics, containing or using coefficients and constants represented by letters.

1350-1400: From the Middle English from the Late Latin literalis & litteralis (of or belonging to letters or writing) from the Classical Latin litera & littera (letter, alphabetic sign; literature, books).  The meaning "taking words in their natural meaning" (originally in reference to Scripture and opposed to mystical or allegorical), is from the Old French literal (again borrowed from the Latin literalis & litteralis).  In English, the original late fourteenth meaning was "taking words in their natural meaning" and was used in reference to the understanding of text in Scripture, distinguishing certain passages from those held to be mystical or allegorical.  The meaning "of or pertaining to the letters of the alphabet " emerged in English only in the late fifteenth century although that was the meaning of the root from antiquity, a fork of that sense being " verbally exact, according to the letter of verbal expression, attested from the 1590s and it evolved in conjunction with “the primary sense of a word or passage”.  The phrase “literal-minded” which can be loaded with negative, neutral or positive connotations, is noted from 1791.  Literal is a noun & adjective, literalize is a verb, literalistic is an adjective, literalist, literalization & literalism are nouns and literally is an adverb; the noun plural is literals.

The meaning "concerned with letters and learning, learned, scholarly" was known since the mid-fifteenth century but survives now only literary criticism and the small number of universities still using “letters” in the description of degree programmes.  The Bachelor of Letters (BLitt or LittB) was derived from the Latin Baccalaureus Litterarum or Litterarum Baccalaureus and historically was a second undergraduate degree (as opposed to a Masters or other post-graduate course) which students pursued to study a specialized field or some aspect of something of particular interest.  Once common, these degrees are now rare in the English-speaking world.  It was between 1895-1977 offered by the University of Oxford and was undertaken by many Rhodes Scholars, sometimes as an adjunct course, but has now been replaced by the MLitt (Master of Letters) which has a minimal coursework component.  When the BLitt was still on the books, Oxford would sometimes confer it as a sort of consolation prize, offering DPhil candidates whose submission had proved inadequate the option of taking a BLitt if the prospect of re-writing their thesis held no appeal.  Among the dons supervising the candidates, the verb "to BLitt" emerged, the classic form being: “he was BLitt-ed you know".

Oxford BLitt in light-blue hood, circa 1907, prior to the reallocation of the shades of blue during the 1920s.

Oxford's colorful academic gowns are a footnote in the history of fashion although influences either way are difficult to detect.  The regulations of 1895 required the new BLitt and the BSc (Bachelor of Science) were to wear the same dress as the existing B.C.L (Bachelor of Civil Law) and the BM (Bachelor of Medicine) and if there was a difference between the blues used for the BCL and the BM in 1895, the implicit "respectively" (actually then its Latin equivalent) would seem to suggest the BLitt was to use the same color hood as the BCL and the BSc to use the shade of the BM and that's certainly how it appears on many contemporary depictions.  Although in the surviving record the hues of blue would in the following decades vary somewhat (and the colors were formerly re-allocated during the 1920s, the BLitt moving to a more vivid rendition of light-blue), the BLitt, BSc and BCL hoods tended always to be brighter and the BM darker.  Whether it was artistic license or an aesthetic nudge, one painter in 1927 mixed something much lighter for the BLitt, a shade more neutral and hinting at a French grey but no other artist seems to have followed.  By 1957, the BLitt and BSc gowns had returned to the colors of the 1895 decree while the BCL and BM were now in mid-blue and that remained unchanged until 1977 when the BLitt and BSc were superseded by masters’ degrees, the new MSc and MLitt given a blue hood lined with the grey of the DLitt & DSc.

Oxford BM in mid-blue hood, circa 1905.

Quite how much the work of the artist can be regarding as an accurate record of a color as it appeared is of course dubious, influenced as it is the painter’s eye, ambient light and the angle at which it was observed.  Even the descriptions used by the artists in their notes suggest there was either some variation over the years (and that would not be unexpected given the differences in the dying processes between manufacturers) or the terms for colors meant different things to different painters: The Oxford BMus hood was noted as blue (1882 & 1934), mauve (1920), lilac (1923, 1924, 1927, 1935 & 1957), dark lilac (1948) and dark purple (1926).  With improvements in photographic reproduction and the greater standardization in the industrial processes used in dying, the post-war photographic record is more reliable and lilac seems a good description for the BM and “light blue” for the BLitt.

In modern (social media) use, "literal" often is used as term of emphasis meaning something like "an exemplar of".  Although the purists will never approve, in that context, it may come to be regarded as a genuine additional meaning, although unlike a word like decimate, it wont be a meaning shift replacing the original.   

In March 2023, after the announcement of her daughter's pregnancy, Lindsay Lohan's mother (Dina Lohan (b 1962)) was quoted as saying: “I’m literally over the moon. I’m so happy, I can’t stop smiling”.  The proneness to exaggeration seems to be a family trait because Lindsay Lohan did once admit some of her youthful antics made her mother “hit the roof” which, hopefully, she didn't mean to be taken literally (although, who knows?).  The now seemingly endemic misuse of literal is not new, Henry Watson Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) noting errors in general use from as early as the 1820s and the Oxford English Dictionary (OED) has cited literary examples from the seventeenth century.  Interestingly, it appears objections emerged at scale only in the early twentieth century which does suggest an additional meaning may have existed or at least been evolving before the grammar Nazis imposed their censorious ways.  So endemic in English has the (mis)use become and genuine confusion so rare the pedants really should give up their carping; after all, some illustrious names have sinned:

Scrooge McDuck, literally "rolling in wealth" in his famous money bin. 

“…literally rolling in wealth…”: (Mark Twain (1835-1910), The Adventures of Tom Sawyer (1876)).  In fairness to Twain, it can be done.  While Donald Trump (as far as is known) does it only figuratively, Walt Disney (1901–1966) had Scrooge McDuck (created 1947) literally roll-around in the huge volumes of cash he stashed in his "money bin" (a reputed 3 cubic acres (257,440 m³; 772.321 megalitres)) but that wouldn't have been what Twain had in mind.

“The land literally flowed with milk and honey.”: (Louisa May Alcott (1832–1888), Little Women (1868-1869)).  That one may be at least a gray area because milk and honey do literally "flow" (though their varies viscosities mean the flow-rates do differ) and "the land" can be used in the sense of the country and its people rather than "the soil".   

“…Gatsby literally glowed” [after reuniting with Daisy at his house]: (F Scott Fitzgerald (1896–1940), The Great Gatsby (1925)).  Women (when pregnant or as new mothers) often are said "to be glowing" in the sense of their happiness being such it seems "to radiate" from them and this may be what Fitzgerald wished to suggest but even then it was untypical to apply the phrase to men.  However, at least debatably, some time ago, popular use reached the threshold where to describe a new mother as “glowing” could be regarded as literal because the word has become so vested with that sense.  Indeed, in January 2026, when announcing her long-standing feud with Lindsay Lohan had moved from a state of détente to a kind of entente cordiale, Paris Hilton (b 1981) told her audience: “We plan on getting the kids together.  I'm so happy for her.  She is glowing. We love being moms.”  So, that literalism of “glowing” has her imprimatur and, as is well-known, where Paris Hilton goes, the English language follows.  

The literal rule in statutory interpretation in the UK & Commonwealth

Statute law is that set in place by a body vested with appropriate authority (typically a legislature) and maintained in written form.  In providing rulings involving these laws, courts in the common-law world (although in the US the evolution has been a little different) have developed a number of principles of statutory interpretation, the most fundamental of which is “the literal rule” (sometimes called the “plain meaning rule”).  It’s the basis of all court decisions involving statues, the judge looking just to the words written down, relying on their literal meaning without any attempt to impute or interpret meaning.  The process should ensure laws are made exclusively by legislators alone; those elected for the purpose, the basis of the constitutional theory being that it’s this which grants laws their legitimacy and thus the consent of those upon they’re imposed.  However, an application of the literal rule can result in consequences which are nonsensical, immoral or unjust but the theory is that will induce the legislature to correct whatever error in drafting was the cause; it not being the task of the court to alter a duly passed law; the judiciary must interpret and not attempt to remedy the law.

A judge in 1980 observed the British constitution “…is firmly based upon the separation of powers; parliament makes the laws, the judiciary interpret them.  When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect… the role of the judiciary is confined to ascertaining from the words that parliament has approved as expressing its intention what that intention was, and to giving effect to it. Where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or even unjust or immoral.”  So a judge should not depart from the literal meaning of words even if the outcome is unjust.  If they do, the will of parliament is contradicted.

However, some things were so absurd even the most black-letter-law judges (of which there were not a few) could see the problem.  What emerged was “the golden rule”, the operation of which a judge in 1857 explained by saying the “…grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.”  The golden rule thus operates to avoid an absurdity which an application of the literal rule might produce.

The golden rule was though deliberately limited in scope, able to be used only in examples of absurdity so extreme it would be a greater absurdity not to rectify.  Thus “the mischief rule” which with judges exercised rather more discretion within four principles, first mentioned in 1584 at a time when much new legislation was beginning to emerge to supersede the old common law which had evolved over centuries of customary practice.  Given the novelty of codified national law replacing what previously been administered with differences between regions, the need for some debugging was not unexpected, hence the four principles of the mischief rule: (1) What was the common law before this law?, (2) What was the mischief and defect for which the common law did not provide and thus necessitate this law?, (3) What remedy for the mischief and defect is in this law”, & (4) The role of the judge is to make such construction as shall suppress the mischief and advance the remedy.  The rule was intended to determine what mischief a statute was intended to correct and interpret the statute justly to avoid any mischief.

The mischief rule closes loopholes in the law while allowing them to evolve in what may be a changing environment but does permit an element of the retrospective and depends on the opinion and prejudices of the judge: an obvious infringement on the separation of powers protected by the strict application of literal rule.  So it is a trade-off, the literal rule the basic tool of statutory interpretation which should be deviated from only in those exceptional cases where its application would create an absurdity or something manifestly unjust.  This the golden rule allows while the mischief rule extends judicial discretion, dangerously some have said, permitting the refinement of law at the cost of increasing the role of the judges, a group where views and prejudices do vary.  From all this has evolved the debate about judicial activism.

Colonel Theodore Roosevelt (TR, 1858–1919; VPOTUS 1901, POTUS 1901-1909) with the 1^st US Volunteer Cavalry and troopers of the 10th Cavalry after the capture of Kettle Hill during the Battle of San Juan Hill, July 1898.

Fought between April-August 1898, the Spanish–American War followed the warship USS Maine (an “armoured cruiser” best thought of as one of the smaller “pre-Dreadnought” battleships) in February blowing up and sinking while anchored in Cuba’s Havana Harbor; 261 of the ship’s complement of 355 were killed.  Based on the early reports and available evidence, the US Navy’s explosives experts suggested the blast appeared to have been caused by a spontaneous coal bunker fire but Roosevelt, then serving as Assistant Secretary of the Navy, pushed back, labelling that conclusion “premature” and insisted sabotage was possible, telling colleagues: “the Maine was sunk by an act of dirty treachery on the part of the Spaniards.”  That might have sounded strange to those who have read the press reports of courteous Spaniards having welcomed her arrival in Havana with the presentation to the captain of a case of Jerez sherry and William McKinley (1843–1901; US president 1897-1901) the next evening, hosting his first diplomatic dinner in the White House, having the Spanish minister sit next to him, despite almost a dozen other envoys enjoying precedence.  Roosevelt however had his war-paint on and he had the enthusiastic support of William Randolph Hearst’s (1863–1951) New York newspaper the Journal, something of the FoxNews of its day and an early example of “yellow journalism”.

Unconvinced after having learned the Maine had been “a floating bomb, its forecastle packed with gunpowder and its magazines laced with shortable wires”, McKinley ordered an investigation, saying: “I don’t propose to be swept off my feet by the catastrophe.  I have been through one war [the US Civil War 1861-1865] and I have seen the dead piled up, and I do not want to see another.”   He called for an investigation, which dragged on for months.  While McKinley’s enquiry percolated, Hearst had the Journal print fanciful diagrams showing how the Spanish “Infernal Machine” had hit the hull while Roosevelt, taking advantage of the temporary absence of the Secretary of the Navy, ordered the Pacific squadron to sea, put the European and South Atlantic stations on alert, demanded of Congress the immediate authorization of the unlimited recruitment of seamen and ordered large quantities of guns and ammunition.  By the time McKinley's investigation reported the cause of the sinking as an “external explosion”, Roosevelt and Hearst had honed public opinion and, the die cast, a reluctant McKinley took his country to war.

A stylized image of the explosion which sank the USS Maine, published in 1898 by Kurz and Allison (a Chicago-based publisher of chromolithographs), Nautical History Gallery and Museum.

In a move that would wholly be unfamiliar to bloodthirsty, non-combatant modern politicians who prefer to sit at a safe distance to watch other people’s children fight their wars, Roosevelt’s view was: “I have done all I could to bring on the war, because it is a just war, and the sooner we meet it the better.  Now that it has come, I have no business to ask others to do the fighting and stay home myself.”  He resigned from the administration and headed for Cuba with his “Rough Riders” (a collection of “cowboys, idealists. Veteran soldiers, Native Americans and adventurers”), assembled as the 1^st US Volunteer Cavalry, a formation John Hay (1838-1905; US Secretary of State 1898-1905) thought “ideally suited” to what be labelled a “splendid little war.”  Although brief, the conflict was of great significance because it was at this point the US became an imperial power, its defeat of Spain resulting in the acquisition of Puerto Rico, Guam, and the Philippines, while Cuba would until 1902 remain a US protectorate.  By the late twentieth century a consensus had emerged that the explosion was most likely caused by an "internal event" and not a Spanish mine but much had since happened and "what's done is done and can't be undone".

The Rough Riders were one of several units formed ad hoc which were dissolved with the end of the war and while the notion of what were quasi-private militias operating in concert with regular forces may seem curious, before World War I (1914-1918) changed the public perception of war, for some men, the lure of combat still had a romantic aura.  While the contribution of the Rough Riders strategically was slight, it was real and it was the action of 1 July which became the war’s most famous engagement.  On that day, in a combined assault with regular army troops, Roosevelt on horseback led the Rough Riders in charges up Kettle Hill and San Juan Hill; there over a thousand casualties with some 200 killed.  He returned to the US as a national hero and in November 1898 was elected governor of New York before being "persuaded" to run as McKinley’s running mate on the Republican ticket for the 1900 presidential election.  Roosevelt would have been familiar with the nineteenth century there was a joke about two brothers: “One ran off to sea and the other became vice-president; neither were ever heard of again” and may have anticipated the view of John Nance Garner III (1868–1967, VPOTUS 1933-1941 so thus a reasonable judge of these things), that being VPOTUS was “...not worth a bucket of warm piss” (which is polite company usually is sanitized as “...bucket of warm spit”).  Accordingly, he was diffident about seeking the nomination which in his day was not thought a stepping stone to higher things.  That’s changed and a number of VPOTUSs have become POTUS; on a few occasions that has worked well but of late the record has not been encouraging, the presidencies of Lyndon Johnson (LBJ, 1908–1973; VPOTUS 1961-1963, POTUS 1963-1968), Richard Nixon (1913-1994; VPOTUS 1953-1961, POTUS 1969-1974), George H. W. Bush (George XLI, 1924-2018; VPOTUS 1981-1989, POTUS 1989-1993) and Joe Biden (b 1942; VPOTUS 2008-2017, POTUS 2021-2025) 1963-1968, all ending badly, in despair, disgrace, defeat and decrepitude respectively.  Roosevelt in 1900 told friends he’d rather “…be anything else, say, a professor of history” but finally decided he could make it a solid platform for a run for the presidency in 1904.

His path to the nomination for VPOTUS was made somewhat smoother by the party bosses in New York wanting him out because although popular with the voters, for the machine men used to running things, he was a loose cannon and one they’d sooner have sitting in an inconsequential office in Washington DC than making trouble in New York where he exercised real power.  Mark Hanna (1837-1904), the great Republican boss, called him “that damned cowboy” (which, in many ways, could be read literally) and Mark Twain disapproved, saying he was “clearly insane… and insanest upon war and its supreme glories.”  Hanna was of course aware of the danger for a VPOTUS is first in the line of succession and he’d tried to stop the nomination, imploring the delegates to “see reason”, telling them: “Don’t any of you realize that there’s only one life between that madman and the presidency?”  It was to no avail and in 1900 the McKinley/Roosevelt ticket prevailed, prompting Hanna to tell McKinley: “Your sacred duty for the next four years is to stay alive” and the president did his best but, through no fault of his own, was within months cut down by the gunfire of an anarchist and “that damned cowboy” was sworn in as Chief Magistrate of the United States.  In what must now seem an extraordinary example of judicial alacrity, within six weeks of McKinley’s death, the anarchist assassin had been tried, convicted and executed in New York’s Auburn Prison, dispatched by the New York State Electrician.

A full-page advertisement taken out by Donald Trump (b 1946; US president 2017-2021 and since 2025) in the New York Daily News (1 May 1989).  When he said "BRING BACK THE DEATH PENALTY", he meant it literally.

“New York State Electrician” really was the title of the state’s chief executioner and the title was derived from the use of the electric chair.  The first appointment was made in 1890 and despite New York staging its last execution in 1963, the position was not disestablished until the Nixon-era decision by the USSC (US Supreme Court) in Furman v. Georgia, 408 U.S. 238 (1972), which had the effect of imposing a national moratorium on the use of the death penalty until 1976 when it was held certain states successfully had re-written their statutes in conformity with the US constitution.  Intriguingly, between 1890-1963 the fee received by the State Electrician was never changed from the original US$150 (with a bonus US$50 paid for additional executions performed on the same day).  That was despite substantial inflation (and the related decrease in the purchasing power of the US$): By 1963, the equivalent value of 1890’s US$150 was calculated at US$504.40 and by 2026 the number was US$5,342.67.  Mr Trump ran his advertisement in four New York City newspapers at a total cost of US$85,000 so, had the New York State Electrician still be plying his specialized trade, what was paid to the papers would have covered some 567 executions but if the fee had been adjusted in line with inflation (the value of 1990’s US$150 by 1989 having risen to US$2,043.96), it would have paid for fewer than 42 to “get the chair”.

Movements in the value of the US$ (inflation & purchasing power), 1890-2026.

Roosevelt’s military exploits in what came to be called the Battle of San Juan Heights made him a national celebrity, a role he was well-equipped to exploit and when late in 1898 he's returned to the US, his mind turned to politics and his goal was the White House; for that he needed a stepping stone.  New York’s Republican Party establishment preferred to endorse candidates who were (1) sane and (2) dependent on the machine and thus compliant so were thus not enamoured with the leader of the Rough Riders but above all they needed someone likely to win an election, a quality Roosevelt appeared to possess, unlike the alternatives.  So, reluctantly, the New York Republicans adopted them as their candidate in the 1898 gubernatorial election and Roosevelt stormed into the campaign with the same enthusiasm he'd a few months earlier displayed on horseback while leading charges against the Spanish.  With a sense for publicity which never deserted him, he had Sergeant Buck Taylor (who’d charged with him in Cuba) speak at an election rally where he told the assembled crowd: “…and when it came to the great day he led us up San Juan Hill like sheep to the slaughter and so he will lead you.”  Roosevelt won the election, winning the popular vote 49.02% to 47.70% so clearly not too many New Yorkers took Sergeant Taylor’s words literally.