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Monday, February 23, 2026

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 1st 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 1st 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.

Saturday, January 24, 2026

Contempt

Contempt (pronounced kuhn-tempt)

(1) The feeling with which a person regards anything (or anyone) considered mean, vile, or worthless; disdain; scorn.

(2) The state of being despised; dishonor; disgrace.

(3) An act showing such disrespect.

(4) In most legal systems, willful disobedience to or open disrespect for the rules or orders of a court contempt of court or legislative body; punishable by being cited for “contempt of court”.

(5) In chess engines (the software used in chess games), as an ellipsis of “contempt factor”, a setting that modifies how much an engine values a draw versus a win or loss, making it play more aggressively or defensively based on perceived opponent strength.  The idea is to encourage interesting games by making engines avoid draws against weaker foes or seek them against stronger ones.

1350–1400: From the Middle English contempnen, from the Anglo-French contemner, from the Old French contempt & contemps, from the Latin contemptus (despising, scorn), a noun derivative of contemnere, from contemnō (I scorn, despise).  It displaced the native Old English forsewennes.  The late fourteenth century meaning was “an open disregard or disobedience (of authority, the law etc)” while the general sense of “act of despising; scorn for what is mean, vile, or worthless” was in use by at least circa 1400.  In Latin, there was also the feminine contemptrix (she who despises).  In the technical sense, the codified offence of “contempt of court” (open disregard or disrespect for the rules, orders, or process of judicial authority) dates only from the early eighteenth century but the variants of the concept have been in use almost as long as there have been courts.

Unusually (in terms of construction), the phrase “beneath contempt” really means “extremely contemptible”.  In idiomatic use, “familiarity breeds contempt” suggests “a prolonged closeness or exposure or a profound knowledge of someone or something often leads to diminished respect or appreciation” and a particular form of that is associated with Frederick the Great (Frederick II, 1712–1786, King of Prussia 1740-1786) who observed: “The more I learn of the character of men, the more I appreciate the company of dogs”.  The term “contempt trap” comes from the burgeoning discipline of “relationship studies” (romantic, social or political) and describes situations in which individuals view others as worthless, leading to toxic communication, disconnection, and resentment.  It's a psychological trap where partners or groups focus on flaws, creating a downward spiral in which the “issues fuel themselves”; the best strategy is said to be “empathetic niceness” but, in the circumstances, this can be easier said than done.

The familiar “contempt of court” (plural contempts of court) is conceptually similar to the offences “Contempt of Parliament” & “Contempt of Congress” (ie the act of obstructing the work of a legislative body or one of its committees) and, at law, the noun contemnor describes a party who commits or is held in contempt of a court or legislative body.  The offence is one in which there’s held to have been open disrespect for or willful disobedience of the authority of a court of law or legislative body, typically punishable by such sanctions as a fine or incarceration.  The nature of these punishments varies widely and especially minor transgressions are involved, the penalty can vary from judge to judge; one might ignore the slight while another might send the offender to a cell for a few hours.  The noun & adjective contemptive is rare and used in linguistics to mean “of or pertaining to, or creating a word form denoting the negative attitude of the speaker”.  The negative adjectival form is uncontemptible and incontemptible does not exist although there may be a use for both among those who cherish fine nuances, the former used to mean “not able to be held in contempt”, the latter “incapable of being held in contempt”.  The alternative spellings cōtempt & cõtempt are obsolete.  Contempt, contemnor, contemptibleness, contemptuosity, contemptuousness & contemptibility are nouns, contemptive is a noun & adjective, contemptible & contemptuous are adjectives and contemptibly & contemptuously are adverbs; the noun plural is contempts.

Contempt of Congress

Early in January, 2026, counsel for Bill Clinton (b 1946; US president 1993-2001) and his wife crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) announced they were refusing to comply with a subpoena demanding congressional testimony in matters relating their relationships with disgraced financier and convicted sex offender Jeffrey Epstein (1953–2019 who died in custody while awaiting trial on additional offences; it was determined to be suicide).  The former president and first lady were served the subpoena by the Republican-led House oversight committee which is reviewing the government’s handling of “the Epstein matter”.  As part of their combative statement, the couple also launched an attack on the Republican Party and Donald Trump (b 1946; US president 2017-2021 and since 2025). 

Bill & crooked Hillary Clinton.

In response, committee chairman James Comer (b 1972, Republican-Kentucky) said he would move to hold the pair “in contempt of Congress”.  That was prompted by counsel’s letter which described the subpoenas as “invalid and legally unenforceable, untethered to a valid legislative purpose, unwarranted because they do not seek pertinent information, and an unprecedented infringement on the separation of powers”.  According to the Clintons (both trained lawyers), the committee’s demand they testify (under oath, thereby being compelled to tell the truth) “runs afoul of the clearly defined limitations on Congress’ investigative power propounded by the Supreme Court of the United States”, to which they added “it is clear the subpoenas themselves – and any subsequent attempt to enforce them – are nothing more than a ploy to attempt to embarrass political rivals, as President Trump has directed”.  As well as threatening the pair with being held in contempt of Congress, Mr Comey informed the press: “I think it’s important to note that this subpoena was voted on in a bipartisan manner by this committee.  This wasn’t something that I just issued as chairman of the committee.  No one’s accusing Bill Clinton of anything, any wrongdoing.  We just have questions, and that’s why the Democrats voted along with Republicans to subpoena Bill Clinton.”  Even some Democrats supported the subpoena, one on the oversight committee saying: “Cooperating with Congress is important and the committee should continue working with President Clinton’s team to obtain any information that might be relevant to our investigation.

The Clintons didn’t much dwell on fine legal or constitutional points, preferring to attack the congressional Republicans for their obsequious acquiescence to the president (not so much the MAGA (Make America Great Again) agenda as to Mr Trump personally) including their support of hardline immigration enforcement, the recent killing of a US citizen in Minnesota by an ICE (Immigration and Customs Enforcement) agent and the president’s pardoning of January 6insurrectionists”.  Bringing the Republicans’ cruel agenda to a standstill while you work harder to pass a contempt charge against us than you have done on your investigation this past year would be our contribution to fighting the madness”, the Clintons wrote.  So, the Clintons are running a political campaign in an attempt to solve their latest legal problem and this time they’re putting things in quasi-Churchillian phrases, asserting: “Every person has to decide when they have seen or had enough and are ready to fight for this country, its principles and its people, no matter the consequences.  For us, now is that time.  Clearly crooked Hillary feels her finest hour is upon her but students of her past will variously be amused or appalled at the suggestion she’d do something as a matter of principle rather than base self-interest but she persists in claiming the consequences of refusing to comply with a valid congressional subpoena are “a politically driven process” designed “literally to result in our imprisonment.

HRC: State Secrets and the Rebirth of Hillary Clinton by Jonathan Allen (b 1975) & Amie Parnes (b 1978).  As an acronym HRC can, inter alia, mean “Hillary Rodham Clinton”, “Hazard Risk Category” (science, medicine, engineering etc) or “High-Risk-of-Capture” (US DoD (Department of Defense, known also as Department of War)).  Pleasingly, CHRC can mean “Crooked Hillary Rodham Clinton” or “Criminal History Records Check”.

The “politically driven” argument has before been used by those seeing to avoid answering questions under oath, but despite that former Trump advisor Peter Navarro (b 1949) was in 2023 convicted of contempt of Congress for failing to provide documents and testify about the 2020 election and the Capitol riot.  He also (unsuccessfully) cited executive privilege but that too was rejected; he was jailed for four months.  So the claim a prosecution is a “political weaponization” of the justice system can’t stop a valid legal action like a citation of contempt and Steve Bannon (b 1953 and also a Trump-related figure) served four months in jail for defying a subpoena from the House January 6 committee.  The courts also seem to view such matters as black letter law; on appeal, Mr Navarro’s attempt to stay out of jail while he appealed his conviction was declined while a federal judge rejected a stay on Mr Bannon’s imprisonment and revoked bail.  According to a ruling from the US Court of Appeals for the DC Circuit, witnesses who “willfully refuse” to comply with valid congressional subpoenas can be punished, regardless of the excuse.  As a general principle, it seems to be thought an offence of absolute liability.

In mid January, a Republican-led House panel recommended Bill & crooked Hillary Clinton be found in contempt of Congress; although the pair had offered “to co-operate with the House Oversight Committee, that did not extend to answering questions under oath (ie, by implication, “telling the truth”).  The committee conducted separate votes on what technically were two cases, voting 34-8 to cite Bill Clinton for contempt while the vote on crooked Hillary Clinton was 28-15; As predicted, all 25 Republicans backed the recommendations to cite for contempt and the degree of support from the Democratic members is an indication of the public & press pressure now being applied as a result of suspicions there are rich and well-connected individuals whose involvement with Jeffrey Epstein is being “covered up”.  In the US, the lessons from the Watergate scandal have never been forgotten: it's the cover-up which matters most.

House Oversight Committee chairman James Comer's Facebook profile picture.

Should Congress elect to pursue the matter (as was done with Mr Navarro and Mr Bannon), the brief will then be passed to the DoJ (Department of Justice) for prosecution and the potential consequences include fines of up to US$100,000 and as long as a year in jail.  Obviously, neither is a compelling prospect but the problem for crooked Hillary is that should she comply and testify, she’ll be under oath and thus compelled to tell the truth.  That novel possibility would attract a big audience but her problem is she has no way of knowing in advance what questions will be asked and, being under oath, she’d have to either be truthful or “take the fifth” to avoid self-incrimination.  Paying a US$100,000 fine would seem a very cheap “get out of jail free” card and even some time behind bars may be a better long-term option.  While in the past crooked Hillary probably has used the phrase “no one is above the law” she’d never have imagined it applied to her but some in Congress suspect the Clintons will use "every trick in the book" (and they known them all) to avoid being questioned under oath, one Californian Democrat predicting: "If we launch criminal contempt proceedings, we will not hear from the Clintons.  That is a fact.  It'll be tied up in court".

Presumably, the strategy will be to "string things along" until the mid-term elections in November when the Republicans may lose control of the Congress.  Of course, as a last resort, there remains the “Pinochet option”.  After avoiding trial for crimes against humanity because of his allegedly frail mental and physical state, General Augusto Pinochet (1915-2006; dictator of Chile 1973-1990) boarded his aircraft in England from a wheelchair, looking something like a warmed-up corpse, only to make a miraculous in-flight recovery; the moment he set foot on the tarmac at Santiago, in rude good health, he strode off.  All crooked Hillary would need is a “medical episode”, one not serious enough to kill her but just enough to permit physicians to fill out the forms saying she’s not well enough to be questioned.  Depending on this and that, her condition would need to linger only until the threat of prosecution has been evaded.  One intriguing potential coda to legal action could be that Donald Trump might well grant the pair a pardon.  What's often unappreciated about Mr Trump is he doesn't waste time or effort running grudges against those who were merely opponents as opposed to those who actually tried to damage him or present an on-going threat.  Although he'd spent the 2016 campaign threatening crooked Hillary with jail and encouraging the MAGA faithful to chant "Lock her up!", interviewed after the election, when asked if he'd be taking legal action against the Clintons, he brushed off the the question with a dismissive: "No, they're good people" and moved on.  Should that happen, darkly, some might mutter about him having reasons why he'd not want the pair questioned about Jeffrey Epstein but, like disgraced former congressman George Santos (b 1988), crooked Hillary will not be one to look a gift horse in the mouth.    

The Brutum Fulmen

The practical significance of a court or other institution holding an individual “in contempt” relies on the body having a means of enforcing its order.  While that order can extend (variously) to a fine, a term of imprisonment or a burning at the stake, if no such means exist (or are, in the circumstances, not able to be used), then, at law, the order is a brutum fulmen (plural bruta fulmina) which historically, appeared also as fulmen brutum.  The term entered the language as a construct of the Latin brutum (stupid) + fulmen (lightning), picked up from the title of a pamphlet (the word then used of documents distributed publicly and discussing political and related matters) published in 1680 by Thomas Barlow (circa 1608-1691; Lord Bishop of Lincoln 1675-1969) who derived the phrase from the passage hinc bruta fulmina et vana (these senseless and ineffectual thunder-claps) in Naturalis Historia (Natural History) by the Roman author (and much else) Pliny the Elder (Gaius Plinius Secundus, 24-79).  Pliny literally was describing the natural phenomenon of lightning (which, having never been struck by one, he dismissed as “harmless thunderbolts”) but the term entered legal jargon meaning “a judgement without effect” and was for a while learned slang for “an empty threat” before fading from use in the late eighteenth century.

Bishop Barlow's original publication, 1680.

So, at law, brutum fulmen is used to refer to a judgment, decree, edict, order etc that while (on paper) is valid and nominally enforceable, is in practice ineffective either because it cannot be enforced or is directed at someone or something beyond the court’s effective power.  There’s a long history of such paperwork, Dr Joseph Goebbels (1897-1945; Nazi propaganda minister 1933-1945) with typical acerbity noting in his diary on 3 April 1945 the pointless bureaucratic output still flowing from the desk of Martin Bormann (1900–1945; secretary to the Führer 1943-1945; head of the Nazi Party Chancellery 1941-1945), even as the Reich was being diminished to an enclave: “Once more a mass of new decrees and instructions issue from Bormann.  Bormann has turned the Party Chancellery into a paper factory.  Every day he sends out a mountain of letters and files which the Gauleiters [the party’s district leaders], now involved in battle, no longer even have time to read.  In some cases too it is totally useless stuff of no practical value in our struggle.  Even in the Party we have no clear leadership in contact with the people.  Goebbels may have been evil but his mind was well-trained and he was a realist, understanding the “great danger” in the “diminution of authority” likely to be suffered by the party.  Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) called the devoted Bormann “Dear Martin” but interestingly, one author has written works claiming that by late April even Bormann had become a realist and was complicit in having the Führer murdered by his valet (Heinz Linge (1913–1980)), thereby removing the one obstacle preventing the pair’s escape from the Führerbunker.  The author is a well-credentialed medical doctor and although his earlier theory about the Rudolf Hess (1894–1987; Nazi Deputy Führer 1933-1941, who spent 46-odd years in Allied custody) being a “doppelganger” has recently been disproved by DNA analysis, his recounting of how Hitler may have been murdered is well written and, in a sense, the ultimate “the butler did it” tale; it’s not necessary to be convinced to enjoy what may be a tall tale.

From the Vatican, there would have been many popes who would have understood Goebbels’ frustrations because there’s quite a list of Papal Bulls and decrees that proved to be “casting rhetoric to the winds of history”.  Pius V (1504–1572; pope 1566-1572) in 1570 issued Regnans in Excelsis (Reigning on High) which, as an order of excommunication against Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) was intended to depose the queen by releasing her subjects from obedience but, “having no divisions” in England, the Holy See could not there exercise temporal authority and Elizabeth merely “changed teams” becoming Supreme Governor of the Church of England.  Of course, she remained excommunicated from the Church of Rome but that’s hardly as serious as being burned at the stake.  Less dramatically, papal interdicts issued against secular rulers on matters less consequential routinely were ignored, kings, princes and dukes aware their thrones (and sometimes their necks) might be better preserved by pleasing their many subjects than the bachelor Bishop of Rome.

Papal Bull issued by Urban VIII (1568–1644; pope 1623-1644).  By the mid-fifteenth century, papal bulls had ceased to be used for general public communications and were restricted to the more formal or solemn matters.  The papal lead seals (the spellings bulla & bolla both used) were attached to the vellum document by cords made of hemp or silk, looped through slits.

As well as being appalled by the thought of heretical Anglicans, Pius V disapproved of bull-fighting, calling the tradition “alien from Christian piety and charity, “better suited to demons rather than men” and “public slaughter and butchery” fit for paganism but not Christendom and word nerds will be delighted to note Pius’s ban on bullfighting was technically a “papal bull”.  De Salute Gregis Dominici (On the Salvation of the Lord’s Flock) was issued on 1 November 1, 1567 as a formal proclamation with a bulla (the papal lead seal) attached (hence such edicts being known as the “Papal bulls”), the seal authenticating the document and, as an official decree, it was binding upon the Church and Christian princes.  Disgusted by the cruelty inflicted on one of God’s noble beasts, Pius called bullfighting “a sin” and condemned the events as “spectacles of the devil”, prohibiting Christians from attending or participating under pain of excommunication.  However, like many papal though bubbles down the ages which never quite make it to the status of doctrine, his ban was soon ignored and, after his death the, edict quietly was allowed to lapse.  Predictably, in Spain and Portugal, where bullfighting had deep cultural & political roots, the bulla was either ignored or resisted and Philip II (1527–1598; King of Spain 1556-1598), while as devout a Catholic as any man, was known as Felipe el Prudente (Philip the Prudent) for a reason and quietly he turned the royal blind eye, allowing bullfighting to continue.  Within the Holy See, the king's disobedience of an edict from the Vicar of Christ on Earth would have been disappointing but unsurprising and it was the world-weary Benedict XIV (1675–1758; pope 1740-1758) who best summed-up the church's chain of command: “The pope commands, his cardinals do not obey, and the people do what they wish.”  What is still not always recognized is that Rome’s authority on matters both spiritual and temporal did often depend on consent; in Medieval Europe there were a number of interdicts (such as that against the Republic of Venice in 1606) which indisputably were binding in canon law but had no force because the target solved the legal quandaries by ignoring them.

Secular courts too sometimes have issued orders that look authoritative but are void for want of jurisdiction.  The British Empire is a rich source of such bruta fulmina because, especially in the nineteenth century when expansion (as expressed by land being colored pink on maps) often exceeded control “on the ground”.  A practical exercise in (1) the establishment of trading & coaling stations and (2) theft of the resources of others, what the British Empire did to a greater extent than other European colonial powers was secure what were essentially coastal beachheads and tracks of communication (rivers, roads, railway lines) while leaving vast swathes of territories in the hands of native authorities, some of which were cooperative, some not.  While the Colonial Office understood this was how thing were done (the British Empire in particular something of a well-executed confidence trick because there were never the resources effectively to control all that was claimed on the map), colonial courts, for many reasons, felt compelled to issue orders to what were, in effect, sovereign foreign territories; even at the height of the British Raj, the means did not exist always to enforce judgements or rulings purporting to bind tribal authorities or princes in their palaces.  A post-colonial example is the operation of the “Supremacy Clause” in US jurisprudence.  As a simple constitutional fact, under the Supremacy Clause, a state court has no power to enjoin a federal officer acting in federal capacity; even if correct in every aspect of construction, any such injunction will be held to be a brutum fulmen because it cannot be enforced, the classic example being Tarble's Case, 80 U.S. (13 Wall.) 397 (1872), in which the USSC (Supreme Court) held state courts could not issue writs of habeas corpus to federal military officers; such writs legally void.  What the case settled was that the US Constitution was the supreme law of the land, “anything in the constitution or laws of any State to the contrary notwithstanding.  That an order may be perfectly valid under state law was irrelevant and this doctrine has of late been again discussed because of certain actions being taken by the federal government during the second Trump administration.

There is also the matter of orders those who enjoy legal immunity.  Historically, when the concept of “sovereign immunity” was effectively absolute (before “restrictive immunity” emerged in the wake of the modern “commercial exception”, courts would enter judgments against sovereign states; the judges were carrying out a type of “black letter law” but the value of such rulings was purely political or symbolic.  A subset of such things was the matter of declarations unsupported with any mechanism of enforcement and that was one of the several structural flaws which doomed the League of Nations (1920-1946), an institution something of a case study in characterised as a brutum fulmen, whatever it’s noble goals.  However, the judicial model established by the League of Nations (essentially one of “moral authority”) carried over into post-war institutions, the ICJ (International Court of Justice) having often issued advisory opinions states routinely have ignored.

A special case of brutum fulmen concerns domestic statutes struck down by courts but never repealed.  Known as “dead letter” laws, these, ghost-like, remain on the books even after invalidation.  This happens apparently for two reasons: (1) in the technical sense it matters not whether the words are removed from the books or (2) governments retain them because they retain a certain symbolic force as an expression of disapprobation for one thing or another, an example being Section 3 of the US DOMA (Defense of Marriage Act) after the decision handed down by the USSC in US v Windsor, 570 U.S. 744 (2013)).  New technology has also created a whole new field of potential bruta fulmina.  Although instances of material banned from publication in one place appearing in another have for centuries been documented, the advent of the internet and its inherently global availability has meant the injunctive and contempt orders which once were such a potent means of preventing or punishing proscribed publication now are of less use because so many potential subjects lie beyond a court’s reach.

Not exactly contemptible, just less desirable: The Alfa Romeo 2600

Brigitte Bardot (1934-2025) in Contempt (1963), perched on an Alfa Romeo 2600 (Tipo 106) Spider.  Note her fetching toe cleavage.

While Ms Bardot was a vision of haunting loveliness, the 2600 is less fondly remembered than its smaller stable-mates.  Whereas in its era Mercedes-Benz and most US-built cars tended to improve as the cylinder count and engine displacement increased, in the post-war years, the most admired and successful Alfa Romeos were the smaller, four-cylinder models renowned for their balance and agility (certainly in the company’s illustrious, pre-FWD (front wheel drive) era).  Tellingly, although imagined as a flagship, the 2600 was in production only between 1962-1968 and despite being offered with a range of coachwork (Berlina (sedan), Sprint (coupé) & Spider (roadster) as well as a typically quirky fastback coupé (the 2600 SZ (Sprint Zagato)) by Zagato), it was not a success; sales were never close to expectations, the high price and nose-heavy, “un-Alfalike” driving characteristics usually cited as reasons for the muted demand.  In its six-odd years of availability, unusually, it was not the sedan which was most successful but, with almost 7,000 sold, the Sprint and even the 2,255 Spiders out-sold the 2,092 Berlinas; the 105 Sprint Zagatos an expensive footnote.

1964 Alfa Romeo 2600 Spider.

Whatever the 2600’s flaws, the engine was a gem.  An all-new, all aluminum 2.6 litre (158 cubic inch) DOHC (double overhead camshaft) straight six, it was very much in the company’s pre-war tradition but, in a way, the image of Alfa-Romeo had been captured by the wildly successful 1900 range (1950-1959) which featured relatively small-displacement, four-cylinder engines.  So seductive did Italians and others find the 1900 that it quickly came to be thought of as the definitive “Alfa Romeo”.  However, the platform which as the 1900 (and subsequent 2000) had been a model of well-balanced agility, didn’t adapt so well to the longer straight six and it was the subsequent 105/115 range (Gulia, 1962-1968) which was the 1900’s true successor, the incomparable 105 coupé among the company’s finest achievements.  The 2600 proved to be the last of Alfa Romeo’s classic DOHC straight-sixes.

The Kaiser and the Old Contemptibles

His Imperial Majesty, Kaiser Wilhelm II (1859–1941; Emperor of Germany & King of Prussia 1888-1918). in one of his many uniforms.  On one of Wilhelm's visits to England, his grandmother (Victoria (1819–1901; Queen of the UK 1837-1901) was much amused to learn his entourage included one servant whose sole duty was the “waxing and curling of the imperial moustache”.

Whether inside courtrooms or beyond, the word “contempt” and its derivatives is not rare but one of the most celebrated instances of use may have been based on a lie.  In August 1914, just after the outbreak of World War I (1914-1918), the British government began to circulate propaganda claiming Wilhelm II had issued an order to his army to “exterminate the treacherous English and walk over General French's contemptible little army”.  The people of the UK were well-acquainted with the character of the Kaiser and it certainly must had sounded “like something he would have said”, hence the success as piece of propaganda.  Later, the survivors of the British Army’s BEF (British Expeditionary Force), proud of their record in battle, happily dubbed themselves the “Old Contemptibles”.  Wilhelm denied ever having made the statement and it has long been suspected the British “put words in his imperial mouth” because Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) had in 1657 used a similar turn of phrase in a speech to the Long Parliament (1640-1660).

One of the British government's propaganda posters, 1914.

No document has ever been found confirming the Kaiser used the phase the British propagandists spread with such glee and it’s thus almost certainly apocryphal but historians have concluded that, in discussions, he probably did dismiss the British as a military threat on the European mainland on the grounds their army was “so contemptibly small”.  In that, he has a point in that compared to the land forces in the standing and reserve armies of France, Germany, Austria and Russia, the British Army genuinely was small; as a maritime empire with its military strength based on the Royal Navy being the world’s most powerful, the British Army was designed for remote colonial engagements rather than big, set-piece invasions of European countries.  So, from the Kaiser’s point of view it was a reasonable observation; since the time of Otto von Bismarck (1815-1989; chancellor of the German Empire (the "Second Reich" 1871-1890), the dark joke told in continental chancelleries was that while most countries “had an army”, Prussia was unusual in that its army “has a country”.  All he really got wrong was the British did have some contemptibly poor generals, one of who was the Field Marshal Sir John French (1852–1925) mentioned in his alleged statement.  Not for nothing are the “Old Contemptibles” remembered as “lions led by donkeys” but in the way the British ruling class does things, after being asked to resign, Sir John was elevated to the peerage and died laden with titles and imperial honours.

Lindsay Lohan, contempt, and the matter of intent

Lindsay Lohan's adorned fingernail in court, 2010.

Fingernails don’t often hit the headlines but in 2010 one did during one of the Lindsay Lohan's appearances in court during her “trouble starlet” phase: close-up photographs of the relevant (and very colourful) nail (on the middle finger) revealed the text “fuck U”.  In the US of the twenty-first century a fingernail so decorated would be usually unexceptional and uncontroversial but on the digit of a defendant sitting in court to receive a sentence, it was at least taking a risk and defence counsel, had they noticed the artwork, doubtlessly would have insisted on a strategically applied band-aid.  The risk posed by what may have been a misguided manicure was that were the judge to conclude the apparently unambiguous message was directed either at court or judge, Ms Lohan could have been cited for contempt of court on much the same the basis as had she mouthed the words.  Lawyers asked to comment on the matter confirmed that in such circumstances a defendant cannot rely on rights guaranteed by the First Amendment (a component of which is freedom of speech) to the Constitution but what was an intriguing legal question was the matter of intent.  All agreed the judge was sitting too far away to read the distant and tiny “fuck U” so it couldn’t be argued Ms Lohan intended it to be read thus but if the judge saw the paparazzi’s photos, would a “retrospective” citation of contempt be possible?  Given all that, it was at least a gray area but the matter was never pursued.  Ms Lohan clarified things with a tweet on X (then known as Twitter) denying the text was a message for the court or anyone else: “It had nothing to do w/court.  It’s an airbrush design from a stencil”.  According to Fox News (a famously reliable source), the nails were “part of a joke with friends”.

Before, during & after: Lindsay Lohan and her bandaged finger, 2016.

Not until 2016 would one of Lindsay Lohan’s fingers again attain such notoriety.  During an Aegean cruise in October that year, in dreadful nautical incident, the tip of one digit was severed by the boat's anchor chain but details of the circumstances are sketchy although there was speculation that upon hearing the captain give the command “weigh anchor”, she decided to help but, lacking any background in admiralty jargon, misunderstood the instruction.  Despite the grossness of the injury to what in the Western tradition is "the ring finger", she did later manage to find husband and stitched-up digit now sports a wedding ring so all's well that ends well.

Self contempt

The terms “self-hatred”, “self-loathing” and “self-contempt” are familiar in general discourse and pop psychology texts but none are formally distinguished as separate diagnostic constructs or appear in either the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) or the World Health Organization’s (WHO) International Classification of Diseases (ICD).  However, the concepts encompassed do appear in theories and research papers as well as being part of clinical discourse and between the three terms are denoted different self-directed attitudes, largely along affective versus evaluative lines. 

Self-hatred is thought a core quality, an intense, hostile feeling directed at one’s self and the affective tone may be one of disgust, anger or revulsion.  Typically, this can appear as a form of self-hostility and may manifest as wishing to self-harm, a feeling of deserving of punishment and a general rage turned inwards.  Self-hatred is often discussed in connection with (1) major depressive disorders, (2) borderline personality pathology, (3) trauma and internalised abuse and (4) self-harm including suicidality.  Self-loathing can perhaps (if not wholly satisfactorily) be characterized as “self-hatred lite” in that it’s treated usually as a pervasive aversion to the self and associated with shame, disgust and revulsion.  There’s obviously some overlap (to the extent the terms probably can be used interchangeably without causing confusion for most) but as used by clinicians, self-loathing conveys the idea of something less aggressive and more avoidant, the emphasis on being repelled by one’s own traits, body, or identity rather than contemplating self harm; commonly it’s linked with shame-based self-schemas, eating disorders, body-image disturbance, depression and social anxiety.  The convenient distinction between the two is that while self-hatred summons the thought: “I should be punished”, self-loathing says “I am repulsive”.  The point about self-contempt is that often it can be transitory (sometimes styled as “transactional”) and related to a particular event or one’s reaction to that event.  In that sense, self-contempt can be seen as something is more cognitive and judgmental than emotional although, obviously, there too there can be overlap.

There is a special case within internal Jewish discourse of a certain flavor where the term “self-hating Jew” overwhelmingly is more commonly used than the superficially similar “self-loathing Jew”.  “Self-hating Jew” became a standard phrase (and in doing so sacrificed some of its original meaning in favour of becoming a still-potent slur) in Jewish polemical writing and was once most associated with political debates (not always between intellectuals), especially if the matters involved anti-Zionism or internalised anti-Semitism.  The term gained popularity after Der jüdische Selbsthaß (Jewish Self-Hatred (1930)) by German Jewish philosopher Theodor Lessing (1872-1933) was translated into English and the choice of “self-hatred” rather than “self-loathing” “locked in” the English idiom.  What Lessing did was construct a subtle argument in which he attempted to explain the (apparently uniquely European) phenomenon of Jewish intellectuals who incited anti-Semitism against the Jewish people and who regarded Judaism as the source of evil in the world.  The translator’s preference was thought to be a considered choice which reflected a certain conceptual emphasis: Whereas “self-hatred” implies hostility, repudiation, and active rejection of Jewish identity or interests, “self-loathing” suggests inward disgust or shame, which is psychologically plausible but rhetorically weaker for polemical purposes.  In other words, the former is of the political, the latter the personal.  The term has become especially controversial because, within Judaism, it had become a convenient weapon to use against any Jew who criticizes some aspect of the conduct of the government of Israel.

The thoughts of Bill Buckley on the thoughts of John XXIII

By the time in 1961 conservative US writer (and leading lay Catholic) William F Buckley (1925–2008) responded to John XXIII’s (1881-1963; pope 1958-1963) encyclical Mater et magistra (Mother and Teacher), the days were gone when the Church could have heretics burned at the stake (perhaps a source or regret to at least one pope) so suggesting the document “…must strike many as a venture in triviality” didn’t trigger the sort of risk such a critique might in previous centuries have provoked.  Still, what was seen by theologians and the laity alike as a casual dismissal of a work of 25,000 words was thought quite a slight and even an expression of contempt; that Buckley’s objections were less theological than political was a distinction understood by the cardinals and archbishops but that didn’t make them less unhappy.  Buckley was writing during the High Cold War and in the immediate aftermath of comrade Fidel Castro’s (1926–2016; prime-minister or president of Cuba 1959-2008) communist guerrillas taking over Cuba and what most disturbed him was John XXIII’s focus on the inequities of modern capitalism and seeming disregard for the oppressive conduct of various communist regimes.  In that, Buckley was right because arguments in Mater et magistra were striking and the choice of words provocative, the pope noting the “immeasurably sorrowful spectacle of vast numbers of workers in many lands and entire continents who are paid wages which condemn them and their families to subhuman conditions.  Rejected was the notion prices working people paid should be “left entirely to the laws of the market” rather than being “determined according to justice and equity.  The encyclical recommended profit-sharing and other “radical” reforms pursued in the name of “socialization”.

John XXIII waving to the faithful, Loreto Ancona, Italy, October, 1962.

The car is a 1961 Mercedes-Benz 300d Landaulet, built by the department responsible for the Spezial coachwork and made on a separate assembly line.  The one delivered to the Vatican including not only the folding soft-top atop the rear passenger compartment but also an elevated roof which extended the “greenhouse” by 100 mm (4 inches).  The 300s of the era (W186: 300, 300b & 300c; 1951-1957 & W189: 300d 1957-1962) came to be referred to as "the Adenauer" because several were used as state cars by Konrad Adenauer (1876–1967; chancellor of the FRG (Bundesrepublik Deutschland (Federal Republic of Germany; the old West Germany, 1949-1990) 1949-1963).  In the days of John XXIII, the Vatican's parade vehicles were not dubbed “Popemobiles” and did not feature armor-plating or bullet-proof glass.  For good reason, all that would come later.

It can now be difficult to understand how controversial once was the participation of Roman Catholics in the upper reaches of US political life; in the nineteenth century the warnings against voting for them was they would visit upon the country: “Rum, Romanism and Ruin!  When the Catholic Al Smith (1873-1944; Governor of New York 1919-1920 & 1923-1928) in 1928 ran on the Democratic ticket in the presidential election, campaigns against him included the suggestion the pope was already packing his bags in preparation for a move to the White House.  After Smith (in a landslide) lost the election to the Republican’s Herbert Hoover (1874–1964; POTUS 1929-1933), the joke circulated that his first act was not the usual concession speech but wiring a telegram to Pius XI (1857–1939; pope 1922-1939) saying: “Unpack!

Amusingly, the slur wouldn’t have survived the scrutiny of modern fact-checkers because between the unification of Italy in 1870 and the signing in 1929 of a concordat (the Lateran Treaty) with Benito Mussolini’s (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943) fascist state, in protest at the the loss of the Papal States (756-1870), no pope set foot outside the Vatican.  The status of the popes in these years as prigionieri del Vaticano (prisoners of the Vatican) was unusual in that it was a kind of “self-imposed exile” in reverse, but the Church insisted it was not a matter of choice (ie “self-restraint”) because it was held to be a “coercive curtailment” (“constructive imprisonment” probably the closest expression of the legal theory) of freedom of movement, consequent upon the Italian state’s annexation of the Papal States and Rome itself.  The argument was that were a pope to set foot on the soil of the annexed territories, that might be held to imply recognition of the Italian state’s sovereignty.  Even at the time, outside the Roman Curia, the legal basis of that was thought at least dubious and the consensus remains the self-imposed “imprisonment” was an act of diplomatic and political symbolism.  Since then, no political figure has exactly replicated what the five “imprisoned pontiffs” did and even old Generalissimo Chiang Kai-shek (1887-1975; leader of the Republic of China (mainland) 1928-1949 & the renegade province of Taiwan 1949-1975), while to his dying day denying he’d lost the sovereignty of the mainland to the CCP (Chinese Communist Party), did on occasion travel beyond his renegade province, though obviously he never visited the mainland. 

Buckley: The Life and the Revolution That Changed America by Sam Tanenhaus (b 1955).  A highly recommended book.

Religion was an issue still in 1960 when the presidential contest was between the Roman Catholic Democrat John Kennedy (JFK, 1917–1963; US POTUS 1961-1963) and the Quaker Republican Richard Nixon (1913-1994; US VPOTUS 1953-1961 & POTUS 1969-1974).  In the campaign, two prominent evangelical Protestant preachers who would now be regarded as something like “celebrity TikTok churchmen” (Billy Graham (1918–2018) and Norman Vincent Peale (1898-1993) both cast aspersions about JFK and the nature of his allegiance to Rome to which the candidate responded by saying: “I believe in an America, where the separation of church and state is absolute, where no Catholic prelate would tell the president, should he be Catholic, how to act, and no Protestant minister would tell his parishioners for whom to vote.  The idea of “Rome pulling the president’s strings” may have brought a wry smile to the pope who well knew it was often difficult to get his own bishops to follow his instructions, let alone the president of the US.  Buckley took an well-sharpened intellectual axe to Peale but seemed to regard Graham as little more than a vulgarian with a peasant’s view of God.

As it transpired, KFK did, “by an electoral eyelash” win the presidency and his wife (Jacqueline Kennedy (1929-1994; US First Lady 1961-1963) admitted to being baffled by the objections, saying "I don't understand why people are opposed to Jack being elected as a Catholic because he's so poor a Catholic".  Buckley certainly agreed JFK "wasn't Catholic enough" (something like the later complaint from activist African Americans that Barack Obama (b 1961; US president 2009-2017) "wasn't black enough"), unlike his more devout brother, the intense, driven, Robert F Kennedy (RFK, 1925–1968; US attorney general 1961-1964) who Theodore Roosevelt’s (TR, 1858–1919; US president 1901-1909) daughter Alice Lee Roosevelt Longworth (1884–1980) compared to “a seventeenth century Jesuit priest”.  Buckley understood why his family and the Kennedys often were compared (essentially because both were “rich, Catholic and political”) but liked to stress the difference, pointing out the “lace curtain, Irish cultural upbringing” of the Kennedys while his father had not set foot in Ireland until he was sixty and that was “to attend the Dublin Horse show”.  One of his friends observed the very American Buckley should really be understood as “a Spanish Catholic aristocrat” and although it has become customary to speak of the Kennedys as “American Royalty”, Buckley would have though the family a bit common.

Crooked Hillary Clinton and Donald Trump, Alfred E. Smith Memorial Foundation Dinner, New York City, October, 2016.

Fully to understand Buckley’s reaction to Mater et magistra, it must be remembered it was issued only some three years after the death of Pius XII (1876-1958; pope 1939-1958) and there was at the time, outside of the Church, not a great appreciation of just what an “encyclical” was.  Indeed, in 1927, when asked to comment on Leo XIII’s (1810–1903; pope 1878-1903) 1885 encyclical Immortale Dei, De Civitatum Constitutione Christiana (God Immortal, On the Christian Constitution of States) which reaffirmed the Church’s view on ecclesiastical rights in the apparatus of the modern state, Al Smith had replied: “Will somebody please tell me, what in hell an encyclical is?”  Although he chose only once to vest his words with the authority of “papal infallibility” (indeed, was the last pope to do so), Pius XII (like his predecessor Pius XI) had run “an imperial pontificate” with encyclicals viewed not merely as authoritative but doctrinal; one priest, when asked if they were “binding” stated the orthodox position which held: “the possibility of error in these documents is so utterly remote that it is practically non-existent.  It was in that milieu Buckley commissioned to a scholar of theology to undertake a historic study of the papal encyclical and the conclusion was they were really “pastoral letters, giving counsel,” not official statements of the magisterium, the Church’s infallible teaching.  That does of course make sense because the whole point in the nineteenth century in codifying papal infallibility was to make a clear distinction between undisputable, undebatable statements of dogma and all other thoughts and expressions.

Whether that at the time softened Buckley’s attitude towards Mater et magistra seems improbable because any document suggesting the state’s social and economic policies should be “pursued in the name of socialization” would have received his condemnation and that the translators chose to interpret the Italian socializzazione (understood as something like European social and industrial democracy rather than the Marxist sense of the collective ownership of the means of production & distribution) as “socialization” (deftly avoiding the politically and historically loaded socialism (socialismo)) is unlikely to have been much assuagement; Buckley would have thought the distinction just “too clever by half”.  So it was his critique of John’s 25,000 words came to be remembered for that one memorable fragment: “venture in triviality”.  In fairness, the passage was more expansive and said: “large sprawling document” would “be studied and argued over for years to come” and that it may one day come to be “considered central to the social teachings of the Catholic Church; or, like Pius IX’s [1792–1878; pope 1846-1878)] Syllabus of Errors [1864], it may become the source of embarrassed explanations. Whatever its final effect, it must strike many as a venture in triviality, coming at this particular time in history.”  Popes have been accused of worse but in 1961, to have an encyclical damned as  “venture in triviality” was about as bad as it got.

A depiction of crooked Hillary Clinton being burned at the stake (digitally altered image).

Although heretics, malcontents and other trouble-makers are no longer burned at the stake, in canon law, the Church does have a close equivalent of citing someone for contempt but it chose not to use it against Buckley although many Catholics did make their opposition to his views known; some cancelled their subscriptions to the magazine he edited (the conservative National Review), prompting him to point out the periodical was no more a Catholic publication than the Kennedy administration was a Catholic government “because the President is Catholic”.  One prominent Jesuit priest damned Buckley’s statement as “slanderous” and while in the internal logic of the Jesuits (perfect chastity, perfect poverty and perfect obedience to the pope) that would have been obvious, it must have baffled those more used to legal dictionaries and thesauruses.  In a way the Church establishment might have had the last laugh because, writing decades later, in his distinctly religious memoir Nearer, My God (1997), stridently Buckley defended papal decrees as statements revealing truth immune from challenge, words of “revelation and providentially guided reason” from the “one Voice for whose decisions the people wait with trust” (ie the pope).  Buckley made no mention of Mater et magistra or the controversy he had triggered and whether this constitutes apology or apologia readers can judge but whenever he's discussed, it’s rare for his words of 1961 not to be reprinted while those of 35 years later rarely are mentioned.  If he had his time again, while still critical, he’d likely have phrased things differently.