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Thursday, March 27, 2025

Dwarf

Dwarf (pronounced dwawrf)

(1) A person of abnormally small stature owing to a pathological condition, especially one suffering from cretinism or some other disease that produces disproportion or deformation of features and limbs.  In human pathology, dwarfism is usually defined, inter-alia, as an adult height less than 1.47 m (4 ft 10 in).

(2) In zoology & botany, an animal or plant much smaller than the average of its kind or species.

(3) In European folklore, a being in the form of a small, often misshapen and ugly, man, usually having magic powers.

(4) In Norse mythology, any member of a race of beings from (especially Scandinavian and other Germanic) folklore, usually depicted as having some sort of supernatural powers and being skilled in crafting and metalworking, often as short with long beards, and sometimes as clashing with elves.

(5) In astronomy, a small version of a celestial body (planet, moon, galaxy, star etc).

(6) Of unusually small stature or size; diminutive; to become stunted or smaller.

Pre 900: From the Middle English dwerf, dwergh, dwerw & dwerȝ, from the Old English dweorh & dweorg (dwarf), replacing the Middle English dwerg and ultimately from the Proto-Germanic dwergaz.  It was cognate with the Scots dwerch, the Old High German twerg & twerc (German Zwerg), the Old Norse dvergr (Swedish dvärg), the Old Frisian dwirg (West Frisian dwerch), the Middle Low German dwerch, dwarch & twerg (German & Low German Dwarg & Dwarch) and the Middle Dutch dwerch & dworch (Dutch dwerg).  The Modern English noun has undergone complex phonetic changes. The form dwarf is the regular continuation of Old English dweorg, but the plural dweorgas gave rise to dwarrows and the oblique stem dweorge which led to dwery, forms sometimes found as the nominative singular in Middle English texts and in English dialects.  Dwarf is a noun and verb, dwarfness & dwarfishness are nouns, dwarfish & dwarflike are adjectives and dwarfishly is an adverb.  The plural forms are dwarves and dwarfs.  Dwarfs was long the common plural in English but after JRR Tolkien (1892-1973) used dwarves, his influence was enough to become the standard plural form for mythological beings.  For purposes non-mythological, dwarfs remains the preferred form.

The M Word

1972 MG Midget (RWA) in British Racing Green (BRG).

Dwarf seems still to be an acceptable term to describe those with dwarfism and Little People of America (LPA), the world’s oldest and largest dwarfism support organization (which maintains an international, membership-based organization for people with dwarfism and their families) has long campaigned to abolish the use of the word “midget” in the context of short humans.  The objection to midget is associative.  It was never part of the language of medicine and it was never adopted as official term to identify people with dwarfism, but was used to label used those of short stature who were on public display for curiosity and sport, most notoriously in the so-called “freak shows”.  Calling people “midgets” is thus regarded as derogatory.  Midget remains an apparently acceptable word to use in a historic context (midget submarine, MG Midget et al) or to describe machinery (midget car racing; the Midget Mustang aerobatic sports airplane) but no new adoptions have been registered in recent years.  The LPA is also reporting some supportive gestures, noting with approval the decision of the Agricultural Marketing Service (AMS) of the US Department of Agriculture’s (USDA) to revise the nomenclature used in the US standards for grades of processed raisins by removing five references to the term “midget”.  Although obviously a historically benign use of the word, its removal was a welcome display of cultural sensitivity.

An interesting outlier however is midget wrestling, a field in which the participants are said enthusiastically to support the label, citing its long traditions and the marketing value of the brand.  Although in the late twentieth century, midget wrestling’s popularity diminished in the last decade there’s be a resurgence of interest and the sport is now a noted content provider for the streaming platforms which run live and recorded footage.  Since the 1970s, midget wrestling has included styles other than the purely technical form with routines extending from choreographed parody and slapstick performances to simulated sexual assault.  These innovations have attracted criticism and the suggesting it’s a return to the freak shows of earlier centuries but audiences in the target demographic seem appreciative and, noting the success of a number of tours and operators, Major League Wrestling in 2022 announced the creation of a midget division.

The MG Midget

Where it began: 1930 MG M-Type Midget Roadster.

The earliest cars to wear MG badge (the name originally “Morris Garages”, an operation which had the same relationship to Morris as AMG does to Mercedes-Benz (ie high-performance variants)) were tuned (and often re-bodied) editions of existing Morris models but in 1928 the 8/33 M.G Midget Sports Series M (truncated usually to “M Type” was displayed at the 1928 London Olympia Motor, series production commencing the next season.  The first of a long line of tiny roadsters, 3,232 would be made between 1929-1932 and the one in the photographs above is fitted with coachwork typical of the era: an open two-seater in the fashionable “boat-tail” style, constructed by Carbodies of Coventry using construction technique which began in aviation, the panels a mix of steel and fabric-covered plywood over an ash frame.  The fabric soft-top was stored under the rear deck along its frame, tools and a spare wheel.  In the spirit of the age, a rakish two-piece windshield was fitted and there was no provision for a heater.  Despite the minimalist accommodation, the engine was surprisingly advanced, the four-cylinder engine using a bevel-gear-driven single overhead cam turning off the vertically mounted generator, 27 horsepower at a then impressive 5400 rpm generated from a displacement of 847 cm3 (51.68 cubic inches).  A footnote in the Midget’s history is that the first exported to the US was in 1930 bought by Edsel Ford (1893–1943; president of the Ford Motor Company (FoMoCo) 1919–1943), then titular head of his father’s (Henry Ford (1863-1947)) eponymous Motor company which, by the million, built larger vehicles.

1960 Austin-Healey Sprite Mark I (top left), 1966 MG Midget Mark II (top right), 1973 MG Midget Mark III (RWA, bottom left) and 1979 MG Midget Mark IV (bottom right).

For a new generation (1961-1979) of diminutive roadsters, MG revived the Midget name last used on the M-Type. MG was by the 1950s part of British Motor Corporation (BMC (1952-1967) which later would be absorbed by the doomed British Leyland (1968–1990)) and a corporate companion marquee was Austin-Healey which between 1958-1961 produced the Sprite (known variously as the “bugeye” or “frogeye”), a small sports car, built on the familiar template of economy car underpinnings with a stylish body.  After the release of the MGA (1955-1962), MG no longer had a competitor in the low-price segment so BMC took the decision that the two companies would share the model, yet another example of the “badge engineering” which BMC pragmatically (and for a while lucratively) would exploit until the process descended into self-defeating absurdity.  When the Mark II Sprites were released in 1961 (without the distinctive headlights which were the source of the nicknames), simultaneously there was the debut of the Midget, the latter slightly more expensive and better equipped, although both remained basic roadsters in the old tradition, lacking fittings such as side windows and external door-handles.  The Sprite would continue in three versions (Mark II; 1961-1964, Mark III; 1964-1966, Mark IV 1966-1971) before, following the end of BMC’s contractual arrangement with Donald Healey (1898–1988), briefly it was sold as the Austin Sprite (1971-1972) before the name was retired and the segment was left to MG.  In the decade they’d been companion models, the pair significantly had been improved, gaining power, refinement and creature comforts (the overdue door handles and side windows part of the Mark II upgrades) but what never changed were the dimensions, the things always small, something the balanced styling tended to disguise, the compactness best appreciated when one was seen parked next to a more typically sized vehicle; the Sprite and Midget being dwarfed.

Almost 130,000 Sprites were built while Midget production (which lasted until 1980) totalled some 225,000, the most numerous being the later models (Mk III; 1966–1974: 100,246 units & 1500; 1974–1979: 81,916 units).  A decade before production ended it was already outdated but such was the charm (and lack of competition) that demand remained strong almost to the end.  The most fancied Midgets are the so-called RWA (round wheel arch) models produced between 1972-1974; these adopted the design used on the rear of the bugeyes and are considered the best looking (as well as making the use of wider rear tyres easier) but in 1974 MG had to revert to the squared-off look because the strength gain from the additional metal was necessary to support the large “rubber” bumpers added to conform with US regulations; the RWA bodywork was found to be prone to damage when the rear-impact tests were conducted.  Even before the huge bumpers unhappily had been grafted, US market cars had for some months had large rubber “buffers” bolted to the chrome bumpers, known in the US as “Dagmars” and in the UK as “Sabrinas” both names tributes to the hardly vague anatomical similarity with the two pop culture figures.  Along with the big bumpers, to comply with minimum headlight height regulations in the US, the suspension height was raised by about an inch (25 mm), something which raised the centre of gravity and thus affected the handling characteristics, something adjustments to the anti-roll bars only partially ameliorated.  Visually, the increased height was disguised by lowering curve of the front wheel arch.

Triumph Spitfire, also a midget-sized roadster

A midget (with a small “m”) dwarfed by two behemoths: A 1977 Triumph Spitfire between two Ford Super Duty F-450s heavy pick-up trucks.  At their intended purpose (carrying or towing heavy payloads) Ford’s Super Duty heavy pick-up trucks perform well but such is the consumer appeal they’re a not uncommon sight used as passenger vehicles, even in cities; they can thus be both a personal and political statement, owners delighted Ford has made pick-ups great again (MPUGA).

Adopted for the range in 1999, Ford between 1958-1981 had previously used the “Super Duty” label on three large displacement (401, 477 & 534 cubic inch (6.6, 7.8 & 8.8 litre) gas (petrol) V8s, the family one of a remarkable variety of different V8s the corporation produced during the 1950s & 1960s.  Big, heavy and low-revving, the Super Duty V8 were legendarily robust and famed for their longevity but were doomed ultimately by their prodigious thirst.  They were intended only for heavy-duty, industrial use and in that very different from the Pontiac Super Duty (SD) V8s which were high-performance units, the early versions in the 1960s optimized for drag racing while the revival the next decade was the final fling of the original muscle car era (1964-1974).  The 389 & 421 cubic inch (6.4 & 6.9 litre) versions were offered between 1960-1963 while the 455 (7.5) appeared in 1973-1974 and had it not been for the 455 SD Pontiac Firebirds in those years, the muscle car era would have been regarded as having ended in 1972.  The Watergate-era 455 SD is also a footnote in the history of environmental law because Pontiac (in a preview of Volkswagen’s later “Dieselgate”) used a device to “cheat” on emission testing being undertaken as part of the certification process.  Caught re-handed, Pontiac, guilty as sin, was compelled to remove the “cheat gear” and re-submit a vehicle for testing; that’s the reason the 1973-1974 455 SD was rated at 290 horsepower (HP) rather than the 310 of the original (and more toxic) engine.

1967 Triumph Spitfire Mark II (left) and 1972 Triumph Spitfire Mark IV (with after-market exhaust tips, right).

The Triumph Spitfire had the same relationship to the larger TR sports cars (1952-1976) as the Midget did to the MGB.  Produced in five distinct generations between 1962-1980, like the Sprite & Midget, the Spitfire featured a stylish body atop the platform of a high-volume model and for the coachwork Triumph out-sourced the job to Italy, Giovanni Michelotti (1921–1980) producing a shape which owed nothing to the little Herald (1959-1971) on which it was based.  In continuous production in five versions (Mark I; 1962–1964, Mark II; 1965–1967, Mark III; 1967–1970, Mark IV; 1970–1974 & 1500; 1974–1980), almost 315,000 were built with the later models the most popular, the some 96,000 of the 1500s sold.  Like the Midget, the Spitfire was over the years improved although the things did at least stagnate in the post-1974 US models which became heavier, slower and uglier although in the 1970s that was a general industry trend.  The Although soon under the same corporate umbrella, the Midget & Spitfire were competitors (in the showroom and on the circuits) for almost two decades and when Road & Track magazine in their September 1967 edition published a comparison test, they couldn't decide which was best, concluding: "...whichever one the buyer chooses, he is assured of many miles of motoring pleasure in the great sports car tradition.  They're good cars, both of them.  You can't go wrong."  For the readers that may not have been a great deal of help and the phrasing must have been force of habit because the two little roadsters had always enjoyed some popularity among women.  

The photograph run in 1959 with the caption “Hark the Herald’s axle’s swing” (left) and a Mark I Spitfire's swing axles displaying the same behavior.

The Spitfires of the 1960s were a bit more lively but that description wasn’t always a compliment because, based on the Herald, what was inherited was the swing-axle rear suspension and swing the axles certainly could, leading to a “lively rear”.  When the British motoring press first tested the Herald they noted the behaviour of the swing axles under extreme load and had a photographer appropriately positioned: The caption “Hark the Herald’s axle’s swing” became famous.  None of that deterred Triumph which in 1962 introduced a more powerful version powered by a 1.6 litre (97 cubic inch) straight six.  That meant a faster car which meant the behaviour of the swing axles could be experienced at a higher speed (with all that implies) but the car sold well which was encouraging so Triumph in 1966 fitted a 2.0 litre (122 cubic inch) six.  It was not until 1968 the rear suspension was revised and this curative solved the errant characteristics to a degree which impressed even the usually sceptical motoring journalists and sales remained strong until production ended in 1971.  Offered only in four-cylinder form, the revisions to the Spitfire’s rear suspension were less complex but when tested on the Mark IV in 1970, the improvement was apparent and from this point, criticism ceased of of road-holding at the limit.

1967 Triumph GT6 Mark I (also with after-market exhaust tips, left) and 1979 Triumph Spitfire 1500 (right).  With production ending in 1973, the GT6 was spared from being disfigured by the battering-ram like bumpers imposed on the Spitfire, those on the last of the line (1979-1980) the biggest.

While the roadster never gained six-cylinder power, Triumph from 1966 offered a coupé version (with a convenient hatchback, al la the Jaguar E-Type (XKE, 1961-1974) called the GT6.  Mechanically it followed the Vitesse except it was only ever fitted with the 2.0 litre engine and didn’t receive the suspension fix until the Mark II in 1969 and that transformed things although, being relatively complex it must have been deemed too expensive to justify on what proved a low-volume model and the with the release of the Mark III in 1970, a version of that used on the Spitfire was substituted and it proved just as effective.  Sales of the GT6 never matched the company’s expectation and the market preferred the MGB GT (1965-1980) which used the same concept for the body.  Noting the costs which would have been incurred to make the GT6 compliant with the US regulations to take effect from 1974, production ended in late 1973.  Because the considerably more powerful (especially the fuel-injected versions sold outside the US) 2.5 litre six Triumph used in the TR5 (which, with twin carburetors, was in North America sold as the TR-250), TR6, 2.5 PI & 2500 is a relatively easy swap, quite a few GT6s have been so upgraded although some attention does need to be paid to the chassis to achieve a completely satisfactory road car.  

The short stature of Victor Emmanuel III (1869–1947; King of Italy 1900-1946) with (left to right), with Aimone of Savoy, King of Croatia (Rome, 1943), with Albert I, King of the Belgians (France, 1915), with his wife, Princess Elena of Montenegro (Rome 1937) & with Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945), observing the Italian navy conduct manoeuvres, Gulf of Naples, 1938.  Note the King of Italy's sometimes DPRKesque hats.

Technically, Victor Emmanuel didn’t fit the definition of dwarfism which sets a threshold of adult height at 4 feet 10 inches (1.47 m), the king about 2 inches (50 mm) taller (or less short) and it’s thought the inbreeding not uncommon among European royalty might have been a factor, both his parents and grandparents being first cousins.  However, although not technically a dwarf, that didn’t stop his detractors in Italy’s fascist government calling him (behind his back) il nano (the dwarf), a habit soon picked up the Nazis as der Zwerg (the dwarf) (although Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) was said to have preferred der Pygmäe (the pygmy)).  In court circles he was knows also (apparently affectionately) as la piccola sciabola (the little sabre) a nickname actually literal in origin because the royal swordsmith had to forge a ceremonial sabre with an unusually short blade for the diminutive sovereign to wear with his many military uniforms.  His French-speaking wife (Princess Elena of Montenegro (1873–1952; Queen of Italy 1900-1946)) stood a statuesque six feet (1.8 m) tall and always called him mon petit roi (my little king).  It was a long and happy marriage and genetically helpful too, his son and successor (who enjoyed only a brief reign) very much taller although his was to be a tortured existence Still, in his unhappiness the scion stood tall and that would have been appreciated by the late Prince Philip, Duke of Edinburgh (1921–2021) who initially approved of the marriage of Lady Diana Spencer (1960-1997) to the Prince of Wales (b 1948) on the basis that she “would breed some height into the line”.

In cosmology, the word dwarf is applied to especially small versions of celestial bodies.  A dwarf galaxy is a small galaxy of between several hundred and several billion stars, (the Milky Way may have as many as billion) and astronomers have identified many sub-types of dwarf galaxies, based on shape and composition.  A dwarf planet is a small, planetary-mass object is in direct orbit of a star, smaller than any of the eight classical planets but still a world in its own right.  Best-known dwarf planet is now Pluto which used to be a planet proper but was in 2006 unfortunately down-graded by the humorless types at the International Astronomical Union (IAU) who are in charge of such things.  It’s hoped one day this decision will be reversed so Pluto will again be classified a planet.  Dwarf planets are of interest to planetary geologists because despite their size, they may be geologically active bodies.  The term dwarf star was coined when it was realized the reddest stars could be classified as brighter or dimmer than our sun and they were created the categories “giant star” (brighter) and dwarf star (dimmer).  As observational astronomy improved, the

With the development of infrared astronomy there were refinements to the model to include (1) the dwarf star (the “generic” main-sequence star), (2) the red dwarf (low-mass main-sequence star), (3) the yellow dwarfs are (main-sequence stars with masses comparable to that of the Sun, (4) the orange dwarf (between a red dwarf and yellow/white stars), (5) the controversial blue dwarf which is a hypothesized class of very-low-mass stars that increase in temperature as they near the end of their main-sequence lifetime, (6) the white dwarf which is the remains of a dead star, composed of electron-degenerate matter and thought to be the final stage in the evolution of stars not massive enough to collapse into a neutron star or black hole, (7) the black dwarf which is theorized as a white dwarf that has cooled to the point it no longer emits visible light (it’s thought the universe is not old enough for any white dwarf to have yet cooled to black & (8) the brown dwarf, a sub-stellar object not massive enough to ever fuse hydrogen into helium, but still massive enough to fuse deuterium.

Coolest dwarf of all is (9) the ultra-cool dwarf (first defined in 1997), somewhat deceptively named for non cosmologists given the effective temperature can be as high as 2,700 K (2,430°C; 4,400°F); in space, everything is relative.  Because of their slow hydrogen fusion compared to other types of low-mass stars, their life spans are estimated at several hundred billion years, with the smallest lasting for about 12 trillion years.  As the age of the universe is thought to be only 13.8 billion years, all ultra-cool dwarf stars are relatively young and models predict that at the ends of their lives the smallest of these stars will become blue dwarfs instead of expanding into red giants.

Disney's seven dwarfs; they're now cancelled.

The events towards the conclusion of the nineteenth century German fairy tale Snow White and the Seven Dwarfs make ideal reading for young children.  Her evil step-mother has apparently killed poor Snow White so the seven disappointed dwarfs lay her body in a glass coffin.  The very next, a handsome prince happens upon the dwarfs’ house in the forest and is so captivated by her beauty he asks to take her body back to his castle.  To this the dwarfs agree but while on the journey, a slight jolt makes Snow White come to life and the prince, hopelessly in love, proposes and Snow White accepts.  Back at the palace, the prince invites to the wedding all in the land except Snow White's evil stepmother.

Snow White and the Seven Dwarfs, even Happy looking sad.

The step-mother however crashes the wedding and discovers the beautiful Snow White is the bride.  Enraged, she again attempts murder but the prince protects her and, learning the truth from his bride, forces the step-mother to wear a pair of red-hot iron slippers and dance in them until she dies; that takes not long and once she has the decency to drop dead, the nuptials resume.  In the way things happen in fairy tales, the prince and Snow White live happily ever after.

DEI (diversity, equity and inclusion)

The condition achondroplasiaphobia describes those with a “fear of little people".  The construct is achondroplasia (the Latin a- (not) +‎ the Ancient Greek chondro- (cartilage) + the New Latin‎ -plasia (growth); the genetic disorder that causes dwarfism) + phobia (from the New Latin, from the Classical Latin, from the Ancient Greek -φοβία (-phobía) from φόβος (phóbos) (fear).  The condition, at least to the extent of being clinically significant, is thought rare and like many of the especially irrational phobias is induced either by (1) a traumatic experience, (2) depictions in popular culture or (3) reasons unknown.  Achondroplasiaphobia has never appeared in the American Psychiatric Association’s (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM).  In 2006, it was reported that while dining at the Chateau Marmont hotel in Los Angeles, after noticing two people of short stature had entered the restaurant, Lindsay Lohan suffered an "anxiety attack" and hyperventilated to the extent she had to take "an anti-anxiety pill" to calm down.  To her companions she repeatedly said "I’m so scared of them!"  A spokesperson for the LPA responded by suggesting Ms Lohan should "...treat her fear the same as she would a fear of any other protected minority population.  If that fails, she might find diversity training to be useful."  Almost immediately the story appeared, it was debunked by a representative for Ms Lohan who issued a statement  saying she is not achondroplasiaphobic and not in any way scared of little people, adding "Lindsay loves all people."

Prince Charming's non-consensual kiss of Snow White on her "lips red as blood".

In February 2025, Luis Rubiales (b 1977), the former president of the Royal Spanish Football Federation was found guilty of sexual assault for kissing player Jenni Hermoso (b 1990) without her consent and was fined €10,800 so, at least in some jurisdictions, the matter of consenting to a kiss is not mere legal theory.

Among critics and industry analysts, the consensus seem to be that in late 1919 when the project was approved, for Disney to allocate a budget of US$200 million (it ended up being booked at around US$250 million) to a remake of Snow White and the Seven Dwarfs (1937) probably was a good idea.  Based on the German fairy tale Sneewittchen which first appeared in print early in the nineteenth century, Disney’s 1937 production was the first animated, full-length feature film made in the US and it was both critically acclaimed and a great commercial success, becoming the highest-grossing film of 1938; adjusted for inflation, it’s success then and since has made it one of the most profitable films ever made.

The elements in its success were (1) the quality of the studio’s work, (2) advances in the technology delivering sight and sound which made the audience's experience so vivid and (3) the threads of the story which are fairy tale classics: A wicked queen, jealous of her stepdaughter’s beauty orders her murder, only to discover she’s hiding out in a cottage with seven dwarves so she poisons her with an adulterated apple, inducing a deep sleep from which she eventually is awoken by the kiss of a handsome prince.  In 1937, had the word “problematic” then been in use, it wouldn't have been applied to anything in the plot but by the early 2020s, things had changed.  In the pre Trump 2.0 era, when DEI (diversity, equity & inclusion) was compulsory, having Snow White gaining her name because her skin was as “white as snow” and the very existence of dwarfs were both definitely “problematic” so the challenge was to keep the “Snow White” in the title while changing troublesome content as required.  That's been done before and had the 2024 US presidential election elected someone (probably anyone) else, Snow White could have appeared in cinemas to lukewarm reviews but a solid box office based on 7-11 year old girls still impressed at Meghan Markle (Meghan, Duchess of Sussex; b 1981) having proved its not only in fairy tales that princes rescue middle-class girls from dreary lives.  Only Fox News would much have bothered with a condemnation.

Times have changed.  Whether it's Snow White or Sleeping Beauty, for a man (whether or not a prince) to kiss an unresponsive female, it's now usually some sort of assault.  An unresponsive female cannot grant consent.

So for Disney, the timing of events was unfortunate but the earlier race and cultural controversies which swirled around the earlier remakes of Mulan (2020) and The Little Mermaid (2023) should have been a warning.  Most jarring perhaps was the absence of “dwarfs” (in the historic sense of the word).  While Snow White is of course the protagonist, in casting terms there was only one of her and seven of them so the substitution of the heptad with “magical creatures” was always going to attract a critique of its own.  According to the studio, it consulted members of the dwarfism community (the so-called “little people”) “to avoid reinforcing stereotypes” before the re-casting but, given the production was, according to many, replete with cultural, sexist and chauvinist tropes, the cancelled dwarfs received less attention than might have been expected.  With reviewers using phrases like “exhaustingly awful reboot” and “tiresome pseudo-progressive additions”, expectations of success for Snow White have been lowered.  

Wednesday, May 17, 2023

Billigung

Billigung (pronounced bill-a-ghin)

(1) To approve.

(2) To acquiesce.

(3) Tacitly to accept; not to oppose.

(4) "Looking the other way" from something one would not wish to admit knowledge of; a means of creating a defense of plausible deniability; a self-denial of knowledge.

1300s: A Modern German form from the Old High German billīh (appropriate), from the Proto-Germanic biliz (merciful, kind, decent, fair), the variant being Billigung (approval; acceptance), the construct being billig(en) +‎ -ung (from the Middle High German -ung & -unge, from the Old High German -unga, from the Proto-Germanic -ungō; it was used to forms nouns from verbs, usually describing either an event in which an action is carried out, or the result of that action).  The third-person singular & simple present tense is billigt, the past tense is billigte, the past participle is gebilligt and the auxiliary haben.  In German, bein a noun there's always an initial capital but when used in English as a general descriptor (sepecially in a legal context), it usually all in lower-case.  Billigung is a noun and in German, there's no plural form although in English-language texts it might appear as "billigungs" for the sake of clarity. 

When wishing not to know, look the other way

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Reich Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent... of the final solution.  This he corrected, explaining Billigung in this context meant looking away.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.

Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.

Looking the other way.

In what he described as a “...leadership failure...", former Australian cricket captain Steve Smith (b 1989) has admitted he "didn't want to know about it" when he became aware something was being planned after seeing team mates in a dressing room discussion.  Their talks he witnessed were about ball-tampering, a form of cheating which came to be known as sandpapergate.  Billigung is one of those useful German creations (zeitgeist, schadenfreude et al) which in one word conveys what might in English take a dozen or more.  Operating somewhere on the spectrum of plausible deniability, Billigung is where someone hears of or perhaps “senses” something of which they’d prefer there be no admissible evidence of their knowledge; they “look the other way”.

Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

For some, Billigung might have come to mind when pondering the recording of a telephone call between then New South Wales (Australia) Premier Gladys Berejiklian and Daryl Maguire, another member of the same parliament with whom she was in an intimate relationship, a man forced to resign as an MP as a result of an (ongoing)  investigation by the NSW Independent Commission against Corruption (ICAC) for allegedly using his political influence in business activities.  Of interest was the premier’s use of the phrase "I don't need to know about that bit" when the former member began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of her then lover.  The words used by the then premier: "I don't need to know about that bit" may be compared with how Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.     

At the time the recording was made public, the former premier denied any wrongdoing beyond having appalling taste in men.  Apart from the men in her life (and not a few women would ruefully admit to having "had a Daryl"), she probably was unlucky.  Billigung has long been a part of that essential tactic of political survival: "plausible deniability".  Actually, as practiced these days, because standards of accountability seem to have declined a bit, denials needs no longer be plausible, just not actually disproven by a publicly available audio tape or film clip.  Others, beyond NSW, might be taking interest, especially those south of the border intimately involved in party machines who, apparently for decades, didn't notice certain things going on around them.     

On 1 October 2021, the NSW ICAC announced certain investigations into the former premier's conduct in office.  Specifically, ICAC is focusing on the period between 2012-2018 and her her involvement in the circumstances in which public money was given to a shooting club and a conservatorium of music and whether that conduct was “...liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire.  The ICAC will explore whether the conduct constituted a breach of public trust by placing the former premier in a position where a conflict of interest existed between her public duties and private interests “...as a person who was in a personal relationship with Mr Maguire.  The commission will also investigate whether she failed to report what could be defined as reasonable suspicions that “...concerned or may concern corrupt conduct in relation to the conduct of Mr Maguire.  As a point of law, the ICAC is concerned with actual substantive conduct and conflicts of interest.  It is not the test of "apprehended bias" applied to the judiciary where judgements can be set aside if a court finds there could have been a "reasonable perception" of bias or conflict of interest in some way involving a judge.  To the ICAC, any degree of perception, reasonable or not, is not relevant, their findings must be based on actual conduct.

On 1 October 2021, Berejiklian announced her resignation from both the premiership and the legislative assembly.  There are critics of the NSW ICAC who oppose the public hearings and feel its rules permit an exercise of powers rather too much like the Court of Star Chamber which they say it too closely resembles.  However, the former premier can reflect that unlike the IMT at Nuremberg, neither the Star Chamber nor the ICAC were vested with capital jurisdiction so there’s that.

Dieselgate and implausible deniability

Former Audi CEO Rupert Stadler (b 1963, right) with his lawyers Ulrike Thole-Groll (left) & Thilo Pfordte (centre) during his trial, Munich District Court, May 2023.

The billigung defense is still heard in German courts and if not always exculpatory, lawyers still appreciate its effectiveness in mitigation.  Rupert Stadler began his career with Audi AG (a subsidiary of the Volkswagen Group) in 1990 and between 2010-2018 was Audi’s Chief Executive Officer (CEO).  The scandal which came to be known as “dieselgate” involved companies in the Volkswagen group (and others) installing “cheat” software in diesel-powered vehicles so excessive exhaust emissions wouldn’t be detected during official testing and, after years of obfuscation, Volkswagen in 2015 admitted that was what exactly they’d done.  Civil and criminal proceedings in a number of jurisdictions ensued and thus far the fines alone have cost the group well over 34 million.  There have also been jail sentences imposed, something which presumably would have been in Herr Stadler’s thoughts when, in March 2018, Munich prosecutors named him as a suspect in their investigations.  A week later, he was arrested and held in an Augsburg prison, apparently as a precautionary move because it was claimed he was tampering with evidence by making a telephone call in which he suggested putting a witness “on leave”.  After a month, he was released on bail, subject to certain conditions.

In September 2020, Herr Stadler’s trial on charges of fraud began and for years (proceedings now take rather longer than in 1945-1946) he denied all wrongdoing until, in May 2023, he accepted a plea deal offered by Judge Stefan Weickert which would require him to admit guilt.  To date, he’s the highest-ranking executive to confess, tempted apparently by (1) the preponderance of evidence before the court which made it clear he was guilty as sin and (2) the deal limiting his punishment to a 1.1 million fine and a suspended sentence which would not see him jailed, an attractive alternative to the long term of imprisonment he otherwise faced upon conviction.  As confessions go however, it was among the more nuanced.  His lawyer read a statement saying the defendant (1) did not know that vehicles had been manipulated and buyers had been harmed, but (2) he acknowledged it was a possibility and accepted that, adding that in his case (3) there was a need for more care.  A classic piece of billigung, was the line (4) “I didn't know, but I recognized it as possible and accepted that the properties of diesel engines might not meet legal approval requirements” while the statement (5) “I have to admit the allegations overall” had an echo of Speer’s admission of “a general responsibility” while denying personal guilt.  Still, it must have conformed with the terms of the plea bargain because it was accepted by the judge.  His lawyer read the statement, apparently because he couldn’t bring himself personally to utter it but when asked by the judge if the words were his own, Herr Stadler replied (5) “Ja”.

Lindsay Lohan with Audi A5 cabriolet, Los Angeles, May 2011.  Ms Lohan apparently avoided being affected by the dieselgate scandal, all the photographs of her driving Audis have featured gasoline (petrol) powered cars.

Outside the court, his lawyer was a little more expansive, admitting her client had allowed vehicles equipped with manipulating software to remain on sale even after learning of the scam.  In the course of addressing the diesel issue" after the revelations became public, Stadler “neglected” to inform business partners that cars with so-called defeat devices were still going on the market, meaning he was “accepting that vehicles equipped with the illegal software would go on sale” she said.  Although it may have been stating the obvious, she added Herr Stadler regretted he’d been unable to “resolve the crisis”.  The carefully composed text may however have averted another crisis, lawyers noting the cryptic nature of some of his comments might be explained by a desire not to create grounds for additional claims by consumers for financial compensation.

How that might unfold remains to be seen but on 27 June 2023 the Munich court handed down a 21 month sentence, suspended for three years, a fine of €1.1 million (US$1.2 million) also imposed; that will go to the federal government and charities, the court ruled without providing details.  Herr Stadler was the first member of the Volkswagen board member to be sentenced for his part in the scandal, the judgment coming some four years after prosecutors first laid fraud charges.  Guilty verdicts were also delivered against two former Audi executives: head of engine development Wolfgang Hatz (b 1959) and lead diesel engineer Giovanni Pamio (b 1963) who were handed suspended jail sentences of 24 months and 21 months, respectively.  Hatz was fined €400,000 (US$437,000) and Pamio €50,000 (US$55,000).  All three were guilty as sin so the verdicts were unsurprising.

Dr Angela Merkel (b 1954; chancellor of Germany 2005-2021) & Dr Martin Winterkorn (b 1947; CEO of Volkswagen AG 2007-2015).

The long-running scandal (the fines and settlements thus far ordered having cost the group some €33 billion (US$36 billion)) still has some way to run because the case against former CEO Martin Winterkorn has yet to be heard although he’s already agreed to pay VW €11.2 million (US$12.3 million) after an internal investigation found he failed properly to respond to signs the company may have been using unlawful technology which enabled its diesel engines to evade emissions testing and it's not yet clear if Dr Winterkorn will try the billigung defense.  Herr Stadler was required to pay VW €4.1 million ($US4.5 million) under terms agreed following the same investigation.  The company clearly wished to move on and in separately issued statements, Volkswagen and Audi said they were not party to Tuesday’s proceedings, which should be “viewed independently” of proceedings against the companies which had (in Germany) been finalized in 2018.  Audi seemed anxious to confirm it was now a righteous corporation, saying “Audi has made good use of the crisis as an opportunity to start over.  We have updated our systems, processes and checks to ensure compliance company-wide.  It concluded by noting it had since “cultivated and strengthened a culture of constructive debate.”  In exchange for agreeing to pay the fines, prosecutors dropped criminal charges against Volkswagen and Audi.