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Tuesday, March 25, 2025

Liberal

Liberal (pronounced lib-ruhl (U) or lib-er-uhl (non U))

(1) Favorable to progress or reform, as in political or religious affairs (and in this context a synonym of progressive and antonyms of reactionary.

(2) Noting or pertaining to a political party advocating measures of progressive political reform (used often with an initial capital letter, something in some cases perhaps influenced by the existence of political parties with the name (where the initial capital is correct)).

(3) Of, pertaining to, based on, or advocating liberalism, especially the freedom of the individual and governmental guarantees of individual rights and liberties.

(4) Favorable to or in accord with concepts of maximum individual freedom possible, especially as guaranteed by law and secured by governmental protection of civil liberties (now better described as libertarian now the definitions of “liberal” are so fluid).

(5) As “liberal education”, of or relating to an education that aims to develop general cultural interests and intellectual ability (as distinct from specific vocational training).

(6) Favoring or permitting freedom of action, especially with respect to matters of personal belief or expression.

(7) Of or relating to representational forms of government rather than aristocracies and monarchies.

(8) Free from prejudice or bigotry; tolerant, unprejudiced, broad-minded

(9) Open-minded, free of or not bound by traditional or conventional ideas, values etc.

(10) Characterized by generosity and willingness to give in large amounts; unstinting, munificent, openhanded, charitable, beneficent; lavish.

(11) Given or supplied freely or abundantly; generous.

(12) Abundant in quantity; lavish.

(13) Not strict or rigorous; not literal (often of translations, interpretations etc).

(14) Of, relating to, or based on the liberal arts.

(15) Of, relating to, or befitting a freeman (now rare).

(16) A person of liberal principles or views, especially in politics or religion.

(17) A member of a “liberal” party in politics (if applied to a part actually named “Liberal”, in some contexts an initial capital should be used).

(18) Unrestrained, licentious (obsolete although the sense seems still to be understood by the Fox News audience).

1350–1400: From the Middle English, from the twelfth century Old French liberal (befitting free people; noble, generous; willing, zealous), from the Latin līberālis (literally “of freedom, pertaining to or befitting a free person” and used also in the sense of “honorable”), the construct being līber (variously “frank, free, open unrestricted, unimpeded; unbridled, unchecked, licentious”) + -ālis.  The –alis suffix was from the primitive Indo-European -li-, which later dissimilated into an early version of –āris and there may be some relationship with hel- (to grow); -ālis (neuter -āle) was the third-declension two-termination suffix and was suffixed to (1) nouns or numerals creating adjectives of relationship and (2) adjectives creating adjectives with an intensified meaning.  The suffix -ālis was added (usually, but not exclusively) to a noun or numeral to form an adjective of relationship to that noun. When suffixed to an existing adjective, the effect was to intensify the adjectival meaning, and often to narrow the semantic field.  If the root word ends in -l or -lis, -āris is generally used instead although because of parallel or subsequent evolutions, both have sometimes been applied (eg līneālis & līneāris).  The noun came into use early in the nineteenth century.  The antonym in the sense of “permitting liberty” is “authoritarian” while in the sense of “open to new ideas and change”, it’s “conservative”.  Liberal is a noun & adjective, liberalism, liberalizer, liberalization, liberalist & liberality are nouns, liberalize is a verb and liberally is an adverb; the noun plural is liberals.

The mid-fourteenth century adjective meant “generous” (in the sense of “quantity”) and within decades this has extended to “nobly born, noble, free” and from the late 1300s: “selfless, magnanimous, admirable” although, as a precursor of what would come, by early in the fifteenth century it was used with bad connotations, demoting someone “extravagant, undisciplined or unrestrained”; Someone something of a libertine (in the modern sense) therefore and it was in this sense Don Pedro in William Shakespeare’s (1564–1616) Much Ado About Nothing (1599) spoke of the lustful villain in Act 4, Scene 1:

Why, then are you no maiden, Leonato,
I am sorry you must hear. Upon mine honor,
Myself, my brother, and this grievèd count
Did see her, hear her, at that hour last night
Talk with a ruffian at her chamber window
Who hath indeed, most like a liberal villain,
Confessed the vile encounters they have had
A thousand times in secret.

The evolution in use continued and while in the sixteenth & seventeenth centuries “liberal” was used as a term of reproach suggesting “lack of restraint in speech or action”, with the coming of the Enlightenment there was a revival of the positive sense, the word now used also to mean “free from prejudice, tolerant, not bigoted or narrow” and that seems to have emerged in the late 1770s although by the nineteenth century, use often was theological rather than political, a “liberal” church (Unitarians, Universalists et al) one not so bound the rigidities in doctrine & ritual as those said to be “orthodox” (not to be confused with the actual Orthodox Church).  It was also in the nineteenth century that in England the phrase “liberal education” became widely used although what to claimed to described had a tradition in pedagogy dating from Antiquity although the it path to modernity was hardly uninterrupted, various forms of barbarism intervening and in this context it probably is accurate to speak of some periods of the Medieval era as “the Dark Ages”.  There was never anything close to a standard or universal curriculum but theme understood in the nineteenth century was it was the only fitting education for what used to be called “a gentlemen” (a term related in sense development to the Classical Latin liber (a free man)) and contrasted with technical, specialist or vocational training.  Historically, the “liberal arts” inherited from the late Middle Ages were divided into the trivium (grammar, logic & rhetoric) and the quadrivium (arithmetic, geometry, music & astronomy).

Much associated with the worst of America’s “corrupting coasts” (New York City & Hollywood), Lindsay Lohan is a classic liberal.

The now familiar use in politics began in the first decade of the nineteenth century, one of the many ripples from the French Revolution (1789) when it was used to suggest a tendency to “favor freedom and democracy” over the long dominant hierarchical systems which characterized feudal European society.  In English, the label was initially applied by opponents to whichever party or politicians championed individual political freedoms and it seems the word often was spoken with a French accent, the implications being that such notions were associated with chaos and ruin; the revolution of 1789 had shocked and frightened the ruling establishment(s) just about everywhere.  However, there seems to have been a fork in the sense development in the US which came from a tradition which of course viewed more approvingly revolutions which swept away tyranny and there, certainly by the 1820s, “liberal” was already being used to mean “favorable to government action to effect social change” and some historians have linked this to the religious sense of “free from prejudice in favor of traditional opinions and established institutions (and thus open to new ideas and plans of reform); this theme has continued to this day.  From the very foundations of the first colonial settlements, in what became the US there has always been a tension between the lure of freedom & democracy and that of religious purity, the notion what was being created was a society ordained by God.

In politics the usual brute-force distinction is of course between “liberals” and “conservatives” and while the nuances and exceptions are legion, it does remain the core template by which politics is reported and it applies to institutions as varied as the Roman curia, the Israeli cabinet, the Church of England and presidential elections in the Islamic republic or Iran; while not entirely accurate, it remains useful.  What is less useful is the noun “liberalism” which in the nineteenth century did have a (more or less) accepted definition but which since has become so contested as to now be one of those words which means what people want it to me in any given time and place.  That the title of the “true inheritor” of liberalism has been claimed groups as diverse as certain neo-Marxists and the now defunct faction of the US Republican Party which used to be called the “Rockefeller Republicans” illustrates the problem.  Also suffering from meaning shifts so severe as to render it a phrase best left to professional historians is “neo-liberal”, first used in 1958 as a reference to French politics and theology but re-purposed late in the twentieth century to describe a doctrine which was a synthesis of laissez-faire economics, deregulation and the withdrawal of the state from anything not essential to national security, law & order and economic efficiency.  Some critics of latter day neo-liberalism call it "an attempt to repeal the twentieth century" which captures the spirit of the debate.

1972 Chrysler Valiant Charger R/T E49 (left) and 1974 Ford Falcon XB GT Hardtop (right), 1974 RE-PO 500K endurance race, Phillip Island, Victoria, Australia, November 1974.

The fifth round of the 1974 Australian Manufacturers' Championship, the 1974 RE-PO 500K event was run under Group C (Touring Cars) regulations over 106 laps (501 km (311 miles)) and one quirky thing about the race was it being a footnote in Australian political history, both the E49 Charger of Lawrie Nelson (b 1943) and the Falcon GT of Murray Carter (b 1931) carrying “Liberal” signage as part of a paid sponsorship deal arranged by the Liberal Party of Australia.  Carter finished second (Nelson a DNF (did not finish)), like the Liberal Party in that year's federal election (ie, they lost), although then party leader, Sir Billy Snedden (1926–1987), provided one of history's more memorable post election statements when he claimed "We didn't lose, we just didn't win enough votes to win." and he'd today be most remembered for that had it not be for the circumstances of his death which passed into legend.  Carter would later reveal that despite his solid result, the Liberal Party never paid up, the sponsorship deal apparently what later Liberal Party leader John Howard (b 1939; prime minister of Australia 1996-2007) might have called a "non-core promise".  

Death of former Australian Liberal Party leader Sir Billy Snedden.

The Liberal Party was in 1944 founded by Sir Robert Menzies (1894–1978; prime-minister of Australia 1939-1941 & 1949-1966) as essentially an “anti-Labor Party” aggregation of various groups and he emphasized at the time and often subsequently that he wanted his creation truly to be a “liberal” and not a “conservative” party; it was to be a “broad church” in which some diversity of opinion was not merely tolerated but encouraged.  Mostly he stuck to that although some would note as the years passed, perhaps he became a little less tolerant.  By 2024, the Liberal Party of Australia has fallen under the control of right-wing fanatics, religious fundamentalists & soft drink salesmen and it doubtful someone like Sir Robert would now want to join the party, even if they’d have him.  The current party leader is Peter Dutton (b 1970; leader of the opposition and leader of the Australian Liberal Party since May 2022).

The Australian arm of Rupert Murdoch's (b 1931) media empire has become essentially the propaganda unit of the Liberal Party of Australia.  In 2018 Brisbane’s Murdoch-owned Courier-Mail (known to sceptical locals as the “Curious Snail”) was able to run a gushing puff-piece on Mr Dutton, headed (left) by a statement from his wife Kirilly (b 1974): “He is not a monster.  People might give him the benefit of the doubt on that one but the Courier-Mail has never been able to run the one on the right because neither Mr Dutton or his wife have ever denied he’s a Freemason.

A depiction of Peter Dutton in the regalia of a Freemason Grand Master (digitally altered image).  Note the apron worn beneath the jacket, a style unique to The Ancient and Accepted Scottish Rite of Freemasonry.

The arrival of political parties called “Liberal Party” & “Conservative Party” (often with modifiers (Liberal Democrats, Liberal Movement etc) created the need for labels which distinguish between the “liberal” and “conservative” factions within each: while all members of a Liberal Party are “big L Liberals” some will be “small c conservatives” and some “small l liberals” which sounds a clumsy was of putting things but it’s well-understood.  Some though noted there were sometimes more similarities than differences, the US writer Ambrose Bierce (1842-circa 1914) in an entry in his Devil's Dictionary (1911) recording: "Conservative (noun), a statesman who is enamored of existing evils, as distinguished from the Liberal, who wishes to replace them with others."  These days it he might be called a cynical structuralist.  Bierce, a US Civil War (1861-1865) veteran, never lost his sense of adventure and, aged 71, vanished without a trace in one of the great mysteries in American literary history.  The consensus was he probably was shot dead in Mexico and in one of his last letters there’s a hint he regarded such as fat as just an occupational hazard: “Good-bye. If you hear of my being stood up against a Mexican stone wall and shot to rags, please know that I think it is a pretty good way to depart this life.  It beats old age, disease, or falling down the cellar stairs. To be a Gringo in Mexico--ah, that is euthanasia!

So, “liberal” being somewhat contested, while the comparative was “more liberal” and the superlative “most liberal”, modified forms appeared including anti-liberal, half-liberal, non-liberal, over-liberal, pre-liberal, pseudo-liberal, quasi-liberal, semi-liberal, uber-liberal, ultra-liberal, arch-liberal, classical-liberal, neoclassical-liberal and, of course, liberal-liberal & conservative-liberal.  In modern use there have been linguistic innovations including latte-liberal (the sort of “middle class” liberal who, stereotypically, orders complicated forms of coffee at the cafés & coffee shops in up-market suburbs, the term very much in the vein of “Bollinger Bolshevik” or “champagne socialist”.  A latte liberal is a variation of the earlier wishy-washy liberal (someone who will express fashionable, liberal views but will not deign to lift a finger to further their cause) with the additional implication they are of the middle class and committed only to the point of "virtue signaling".  The portmanteau word milliberal (the construct being mill(ennial) + (li)beral is a liberal of the millennial generation (those born between 1981-1986).  The term boba-liberal comes from internet-based (notably X, formerly known as Twitter) political discourse (mostly in the US it seems) and is a slur describing a liberal-leaning Asian American with politics or attitudes considered too tepid or whitewashed by other Asian Americans, stereotyped as focusing on superficial gestures over more meaningful actions especially in regards to Asian American activism.  Those who comment on stories on Fox News have also contributed to the lexicon, the portmanteau libtard (the construct being lib(eral) + (re)tard) and the meaning self explanatory, as it is for NazLib, the construct being Naz(i) + Lib(eral).  So, especially in the US, “liberal” is a word which must be handled with care, to some a mere descriptor, to some a compliment and to others an insult.  While there are markers which may indicate which approach to adopt (is one's interlocutor carrying a gun, driving a large pick-up truck, listening to country & western music etc), none are wholly reliable and probably the best way is to work into the conversation a “litmus paper” phrase like “liberal gun laws”.  From the reaction, one's path will be clear.

But although there are some for who it seems a calling, being a liberal is not in the DNA and there have been some who became conservative, just as there are conservatives who converted to liberalism.  Indeed, were the views of many to be assessed, it’d like be found they are various to some degree liberal on some issues and conservative on others, a phenomenon political scientists call “cross-cutting cleavages”.  Political journeys are common and may be endemic to one’s aging (and certainly financial) path, there being many youthful anarchists, socialists and nihilists who have ended up around the boardroom table, very interested in preserving the existing system.  The path from liberalism can also be a thing of blatant opportunism.  It is no criticism of Donald Trump (b 1946; US president 2017-2021) that he re-invented himself as an anti-liberal because that was the way to become POTUS (president of the United States), despite for decades his stated positions on many social issues revealing his liberal instincts.  It’s just the way politics is done.  It’s also the way business is done and it was unfortunate Rupert Murdoch (b 1931) elected to settle in the matter of Dominion Voting Systems v. Fox News to ensure no more of Fox’s internal documents entered the public domain.  Those which did appear were interesting in that far from Fox’s anti-liberal stance being Mr Murdoch’s ideological crusade, it was more the path to profit and were Fox’s audience to transform into something liberal, there would go Fox News.

Once was liberal: Candace Owens Farmer (née Owens and usually styled “Candace Owens”; b 1989) with "Candace Coffee Mug", one item in a range of Candace merchandise.

Because race remains the central fault-line in US politics, political cartoonists and commentators have never been prepared to have as much fun with the black conservatives as they enjoyed with “gay Republicans”, the latter a breed thought close to non-existent as last as the 1990s.  Black conservatism is to some extent aligned with black Christian religiosity but it’s a creature also of that under-reported demographic, the successful, black middle class, a diverse group but one which appears to have much in common with the priorities of their white counterparts.  In that sense Candace Owens is not wholly typical but she is much more entertaining and here early political consciousness was as a self-declared (though apparently retrospectively) liberal before moving to a nominally conservative stance although whether this was an ideological shift or a pursuit of clicks on the internet (on the model Mr Murdoch values to maximize revenue from Fox News) isn’t clear.  What is clear is Ms Owens knows about the Freemasons, her research into the cult beginning apparently when she “freaked out” after learning Buzz Aldrin (b 1930; who in 1969 was the second man to set foot on the Moon) is a confessed Freemason.  On 30 September, 2024, she discussed the Freemasons on her YouTube channel:

What is Freemasonry?  OK, so during the late Middle Ages, the world was united under the holy Roman Catholic church.  OK?  So if you had any opposition to the church throughout Europe, you were forced to go underground.  Right?  We were a Christian society.  And among the only organized groups that were able to move freely throughout Europe were these guilds of stonemasons, and they would then be, therefore, because they could move freely, hence, Freemasons.  They were able to maintain the meeting halls or lodges in virtually every major city, and the Masons were, essentially, very talented at architecture, and they had a bunch of secret knowledge — sometimes secret knowledge of architecture and of other topics.  And that knowledge was dated back to the times of Egypt. Right?  And it was essential maintaining this knowledge in the construction of European churches and cathedrals.

So one of the things that is well known is that Freemasons were in opposition to the church.  Right? They wanted to crush the church, which is why it is not ironic that the person who founded the Mormon church, as just one example — many of the churches, the very many Protestant faiths that we have — was Joseph Smith and he was a Freemason.  That's a fact, just as one example. Now, you may know some people that are Freemasons and you're going, well, I know this person and he goes to a lodge and he's completely harmless.  Yes. It is a known thing that 97 — like, something like 97% of Freemasons are not in the top tier degree of Freemasonry.  And it is understood that at the top tier degree of Freemasonry, you essentially become one of the makers of the world.

So I'm — just for those of you guys who've never even heard of that, and like I said, I would have been among you. I'm very new to relearning American history through the lens of Freemasonry. Some known Freemasons — George Washington was a Freemason, Thomas Jefferson was a Freemason, Benjamin Franklin was a Freemason, Buzz Aldrin was a Freemason — don't get me started. For those of you that have been listening to this podcast for a long time, you already know where I'm at — or where I'm at when it comes to NASA and the weird satanic chants that they were doing to establish the Apollo program and all the weird stuff that happened leading up to the moon landing. So I freaked out when I learned Buzz Aldrin was a Freemason.  It's not helping my case in believing those moon landings, I'll tell you that for free.  Franklin Roosevelt was another Freemason.

They're even on the moon: Autographed publicity photo of confessed Freemason Buzz Aldrin issued by NASA (National Aeronautics and Space Administration) prior to the Apollo 11 Moon mission (16-24 July 1969).

Most have concluded Mr Aldrin secretly would have left on the surface of the moon some sort of Masonic symbol or icon.  Of the other eleven men to have walked on the moon, only Apollo 15's James Irwin (1930–1991) and Apollo 16's John Young (1930–2018) are known to have been confessed Freemasons but so secretive is the cult there could be others.  As a footnote, as a member of New Jersey's Montclair Lodge No. 144 which is associated with the Scottish Rite, Mr Aldrin presumably would have worn his apron underneath his jacket, something unique to the Scottish tradition. 

Whether Ms Owens changed her views on matters Masonic after hearing Mr Aldrin had endorsed Mr Trump isn’t known but he issued an unambiguous statement of support, sentiments with which presumably she’d concur.  The former astronaut was especially impressed the Republican candidate had indicated in a second term he would elevate space exploration as a “policy of high importance again” and that his first administration had “reignited national efforts to get back to the Moon and push on to Mars.  Beyond that, Mr Aldrin noted: “The Presidency requires clarity in judgement, decisiveness, and calm under pressure that few have a natural ability to manage, or the life experience to successfully undertake. It is a job where decisions are made that routinely involve American lives – some urgently but not without thought.  For me, for the future of our country, to meet enormous challenges, and for the proven policy accomplishments above, I believe we are best served by voting for former President Trump. I wholeheartedly endorse him for President of the United States. Godspeed President Trump, and God Bless the United States of America.  Masonic votes having the same value as any other, Mr Trump welcomed the support.

They're everywhere: Confessed Freemason Most Worshipful Brother Harry S. Truman (1884–1972; US president 1945-1953) in Masonic regalia including Worshipful Master collar and apron (over jacket) with Provincial Honours.  Although he served as US president or vice president for eight years, Truman later wrote: “The greatest honor that has ever come to me, and that can ever come to me in my life, is to be Grand Master of Masons in Missouri.

Masonic aprons are obligatory wear for any Mason when in a lodge or temple and they’re worn always on the outside except in Scotland where the tradition is for them to sit under the jacket.  Like much else in the cult of Freemasonry, the apron is a symbol of a mason’s place in the hierarchy (as codified a system as the precedence afforded to the orders of knighthood in the UK's imperial honors) and although variations exist, there are essentially five layers of apron-wear:

(1) Enterered Apprentice: The apron of an entered apprentice is plain white to symbolise purity and innocence and usually made of lamb's leather.

(2) Fellow Craft: The Fellowcraft apron has the same white background as that of the Enterered Apprentice except for the addition of two blue rosettes.  Despite much research and speculation, it’s not known why the color blue is used.

(3) Master Mason: The decoration on a Master Mason’s apron is much more elaborate and is recognizably Masonic in a way the simpler constructions are not.  Because many Master Masons elect not to progress to the status of Worshipful Master, for many this will be the apron they wear for their entire Masonic career.

(4) Worshipful Master: The only change to the apron when one enters the chair as Worshipful Master is the blue rosettes are replaced by three levels.  The symbols are distinctive so the wearer instantly is recognizable as being a present or past Worshipful Master of a Lodge.

(5) Provincial Honours: Once a mason has gone through the chair and become Worshipful Master, his title changes from Brother to Worshipful Brother.  As the years pass, he may be granted Provincial honours and his apron will then be changed from light blue to dark blue with gold braid.

Knowing masons are everywhere among us, Ms Owens had been scheduled to speak at a number of engagements in Australia  & New Zealand but interestingly, in October 2024, the Australian government issued a press statement confirming her visa had been "canceled", based on her "capacity to incite discord", leading immediately to suspicions her silencing had been engineered by the Freemasons.  It’s good we have Ms Owens to warn us about liberals and the Freemasons, an axis of evil neglected by political scientists who tend often to take a structralist approach to the landmarks in the evolution of the use of the term “liberal” which they classify thus:

(1) Classical Liberalism which emerged in the seventeenth & eighteenth centuries, was rooted in the ideas of the Enlightenment with an emphasis on limited government, a free market (ideas as well as goods & services), individual liberty, freedom of speech, the rule of law and the enforcement of private property rights.  The movement was a reaction to absolute monarchies and state-dominated mercantilist economies.

(2) Social Liberalism (understood as “liberal” in modern US use) was a layer of rather than a fork off classical liberalism but it did accept a greater role for the state in regulating the economy and providing social welfare to ensure a fairer distribution of wealth and opportunity.  It was a nineteenth century development to address the excesses of “unbridled” capitalism and its critique of economic inequality was remarkably similar to that familiar in the twenty-first century.

(3) Neoliberalism as a term first appeared in the late 1950s but in the familiar modern sense it was defined in the era of Ronald Reagan (1911-2004; US president 1981-1989) & Margaret Thatcher (1925–2013; UK prime-minister 1979-1990) who embarked on project built around a philosophy which afforded primacy to free markets, deregulation, privatization and a reduction in government spending, often combined with globalization.  Their program simultaneously to restrict the money supply while driving up asset prices had implications which wouldn’t be understood for some decades.  The Reagan-Thatcher neoliberal project was a reaction to the post oil-crisis stagflation (a portmanteau word, the construct being stag(nation) + (in)flation)) and the alleged failure of the welfare state & the orthodoxy of Keynesian economics, named after English economist and philosopher John Maynard Keynes (later Lord Keynes) 1883-1946).

(4) Political Liberalism was most famously articulated by US philosopher John Rawls (1921–2002) in his book A Theory of Justice (1971), a work nobody much under forty should attempt because few younger than that would have read enough fully to understand the intricacies.  In summary, it does sound remarkably simple because it calls for a pluralist society built on principles of justice and fairness, administered by a system of governance which permits a diversity of viewpoints while maintaining a fair structure of cooperation.  Rawls’ political liberalism draws one in to what soon becomes and intellectual labyrinth; once in, it’s hard to get out but it’s a nice place to spend some time and most rewarding if one can maintain the same train of thought for several weeks.

(5) Cultural Liberalism is not new but from the mid-twentieth century, its range of application expanded as previously oppressed groups began to enjoy a recognition of their rights, initially usually as a result of a change in societal attitudes and later, by a codification of their status in law, the matters addressed including ethnicity, feminism, civil liberties, reproductive rights, religion and the concerns of the LGBTQQIAAOP community.

(6) Liberal Internationalism is an approach to foreign policy (really a formal doctrine in some countries) advocating global cooperation, international institutions, human rights, and the promotion of democracy.  Its core tenants included support for multilateralism, international organizations like the United Nations (UN), global trade and the promotion of liberal democratic governance worldwide.  What is called the “liberal world order” has underpinned the western world since 1945 but its dominance is now being challenged by other systems which have their own methods of operation.

Friday, December 27, 2024

Naiad

Naiad (pronounced ney-ad, ney-uhd or nahy-ad)

(1) In Classical Mythology, a nymph (a female deity) dwelling in (in some stories “presiding over”) a lake, river, spring or fountain.

(2) In entomology, aquatic larva or juvenile form of the dragonfly, damselfly, mayfly and related insects.

(3) In botany, any monocotyledonous submerged aquatic plant of the genus Naias (or Najas), having narrow leaves and small flowers (of the family Naiadaceae (or Najadaceae) and also called the water nymph.

(4) In malacology, any of certain freshwater mussels of the genus Unio.

(5) In informal use, a female swimmer, especially a young, expert one.

Circa 1600: From the Latin Nais, Naias & Nāïad- (stem of Nāïas, genitive naiadis), from the Ancient Greek Nāïás (plural Naiades) (a water nymph) and related to νάω (náō or náein) (to flow), from the primitive Indo-European naw-yo-, a suffixed form of snau & nau- (to swim, flow, let flow (from the primitive Indo-European root sna- (to swim).  The English poet, literary critic, translator and playwright John Dryden (1631–1700) used the Latin singular form Nais; In English, the plural form Naiades was in use as early as the late fourteenth century and the use of the initial capital was inconsistent, something not unusual in Middle and early Modern English .  Naiad is a noun; the noun plural is naiads or naiades.

The companion term (in the sense they were often riparian (growing on the bank of a river or stream)) was dryad (a female tree spirit), from the Old French driade (wood nymph), from the Latin Dryas & Dryadis, from the Ancient Greek Δρυάς (Druás) (dryad), from δρς (drûs) (oak), from the primitive Indo-European derew & derewo- (tree, wood) and related to the primitive Indo-European dóru (tree).  The niads should not be confused with the Nereids (plural Nereids or Nereides).  In Greek Mythology, Nerids were one of 50 sea nymphs who were attendants upon Poseidon (Neptune); they were represented riding on sea horses, sometimes in human form and sometimes with the tail of a fish.  In zoology, nerid is an alternative form of nereidid (any polychaete worm of the Nereididae).  Nereid was from the stem of the Latin Nērēis (sea-nymph), from the Ancient Greek Νηρηΐς (Nērēs), from Νηρεύς (Nēreús) (the sea-god Nereus).

Fuchsia Water Nymph.

The Naiads were water nymphs who, although very long-lived, were mortal, a physiology not unique among the deities of Classical Mythology and although the Naiads incarnate the divinity of the spring or stream which they inhabited, a waterway could be the home to more than one of the nymphs; presence did not confer an exclusivity of dominion.  As is typical of the myths, the stories often are inconsistent for although Homer said the Naiads were the daughters of Zeus, elsewhere they’re described as daughters of the waters in which they dwell.  The daughters of Ασωπός (Asopus) were Naiads.  Asopus (Ασωπός) was the god of the river Asopus and (the family tree is typically murky and varies with the source) was either son of Poseidon & Pero, of Zeus & Eurynome or of Oceanus & Tethys.  He married Metope, the daughter of Ladon, fathered two sons (Ismenus and Pelagon) and an impressive 20 daughters although The Greek historian of the first century BC, Διόδωρος (Diodorus of Sicily) listed the names only of a dozen (Corcyra, Salamis, Aegina, Pirene, Cleone, Thebe, Tanagra, Thespia, Asopis, Sinope, Oenia (or Ornia) and Chalcis.  Confusingly Asopus is in other places mentioned as the said to be the father of Antiope and Plataea (that genealogy contested by other authors), after whom the city Plataea is named.  Plataea was a city-state in Boeotia at the foot of Mount Cithaeron, between the mountain and the river Asopus (which divided its territory from that of Thebes).  The modern Greek town of Plataies is adjacent to its ruins.

Led astray by freshwater sirens: Hylas and the Nymphs (1896), oil on canvas by the aptly named John William Waterhouse (1849–1917), Manchester Art Gallery, England.  Ύλας (Hylas) would not long live to enjoy his flirtation with a pack of Naiads.  Much taken by his beauty, the naiads lured the youth to the water for their pleasure, after which, according to the Roman Poet Ovid (Publius Ovidius Naso; 43 BC–17 AD), they drowned him; at the least, that suggests ingratitude.  Hylas may have died content but that's not something on which Ovid dwelt.

In theory, there shouldn't be a river or spring without at least one naiad but the storied ones were those associated with famous waterways and many of the nymphs had adventures (not always welcome) with the good, great and ghastly.  At Syracuse dwelt the beautiful Αρέθουσα (Arethusa; all nymphs were beauties but Arethusa was a supermodel among the breed), a companion of Αρτεμις (Artemis) who was identified by the Romans with Diana.  Some said she was the daughter of Demeter, but in most stories she was the twin sister of Apollo, their parents being Zeus and Leto.  One day, while swimming in the river (something which, unsurprisingly, the Naiads often did), Arethusa realized she wasn’t alone when she heard the voice of Alpheus, the god of the river, whose crush on her had developed into a passion which included stalking her.  Pursued by the lustful god, the nymph fled, crying out for Artemis to save her from what she knew would be an awful fate.  Artemis surrounded her in a concealing fog but Alpheus refused to leave the place where the mist swirled and in fright, Arethusa turned into a fountain.  In the way the myths handle the physics of such circumstances, the earth opened up to prevent Alpheus mingling his own waters with those of the spring which Arethusa had become, and, guided by Artemis, Arethusa went through underground channels to Syracuse, on the Island of Ortygia (which is dedicated to Artemis).  This Hellenistic myth is preferred by most but another version of the attempted sexual assault involves Αλφειός (Alpheus, (another river god)) which differs only in detail.

Lindsay Lohan, as a Naiad, surfacing from her spring.

The Naiads were often claimed to possess powers of healing and the notion of “curing waters” persists into the twenty-first century; although some of this is quackery there is a scientific basis in some cases and the origin of the use of lithium as an early anti-depressant was physicians in Ancient Greek noting the drinking of waters from a certain place “cured men of melancholy”.  Those waters turned out to have a pharmacologically significant lithium content.  However, not all naiads could be used so efficaciously because bathing in certain springs or rivers could be considered sacrilegious, even if it was someone exulted taking a dip.  Nero (Nero Claudius Caesar Augustus Germanicus (37-68; Roman emperor (and the final emperor of the Julio-Claudian dynasty) 54-68)) was attacked by fever and some sort of partial paralysis and after bathing in the source of the Aqua Marcia and the Roman scuttlebutt was he’s incurred the displeasure of the Naiads, something which brought Nero’s subjects some delight.  Clearly, one upset a Naiad a one’s own risk because it was said also they could visit madness upon those who laid eyes on them, the nymphs possessing the mortal spirit of a transgressor and driving them to insanity.  For this reasons, travelers were warned (the Trip Advisor concept is not new) Naiads were particularly numerous in the Péloponnèse, a place of many waterways.

Tuesday, December 10, 2024

Revoke & Irrevocable

Revoke (pronounced ri-vohk)

(1) To take back or withdraw; annul, cancel, rescind or reverse; rescind or repeal.

(2) To bring or summon back.

(3) In certain card games, to fail to follow suit when possible and required (renege the more common term).

(4) Such an act or instance of revoking.

1300–1350: From the Middle English revoken, from the Latin revocāre (to call again; to call back; withdraw), the construct being re- (in the sense of “again”) + vocāre (to call).  The synonyms (depending on context) are countermand, nullify, recall and retract.  Revoke is a noun & verb, revoker is a noun, revoked & revoking are verbs and revokingly is an adverb; the noun plural is revokers.

Irrevocable (pronounced ih-rev-uh-kuh-buhl (U) or ih-ri-vohk-kuh-buhl (non-U))

Not to be revoked or recalled; unable to be changed, repealed or annulled; unalterable.

1350–1400: From the Middle English, from the Middle French irrévocable from the Latin irrevocābilis (that which cannot be recalled, unalterable), the construct being ir- (the prefix an assimilated form of in- (not, opposite of)) + revocabilis (able to be revoked).  Irrevocable is an adjective, irrevocableness & irrevocability are nouns, and irrevocably is an adverb; the noun plural is irrevocabilities.

The trust, Rupert Murdoch and irrevocably

The trust in its modern form is an invention of English common law.  Although the trustee concept was a part of Roman civil law, its operation essentially was restricted to the a class of ownership of assets held by someone who would now be known as the executor or administrator of the estate of a deceased; the administrator would be the legal owner (though not necessarily the possessor) of the goods but their rights to them was limited to distributing them (or if sold or dissolved, their value) to the beneficiaries named in the deceased testamentary documents (will).  The novel innovation of the English common law was to apply a similar concept to the property of someone living.  During the Crusades (the expeditions by Christian military formations between 1095-1291 attempting to retake the Holy Land (Jerusalem and its environs)), it was the practice for a land-owning Crusader to convey (ie transfer ownership) his property to another so the estate could continue to operate as part of the feudal land system, this done on the basis that upon his return to England, the property would revert to him.  Most such arrangements were honored but some were not and because English law regarded land title as absolute, whomever was the legal “owner” of the land could defend that right against any claim.  A subject’s only recourse was to seek justice by petitioning the king and in most cases the matter would be referred to the chancellor (an office something like a mix of prime-minister & minister of justice) who would decide each case on its merits.  That of course resulted in inconsistencies and led to the development of the Court of Chancery and the emergence of the principles of the law of “equity”, designed both to remove inconsistencies and avoid the injustices sometimes the result of the strict application of the rigid rules of the common law.

Thus the emergence of the trust in which property could be transferred from one to another but with rights of the legal “owner” of the property in the trust restricted by the terms of the trust (typically that the property or its proceeds could be used or applied only to those beneficiaries named); the “legal owner” was thus really the trustee (the administrator).  It was a mechanism which proved useful over the centuries including during the wars of religion when trusts could be created to protect property from confiscation.  The trust is a flexible beast and a variety exist including the “secret trust” (although in most places they’re not as secret as once they were) and although most trusts formally are created an so-named, if an arrangement is found in substance and operation to be “a trust in all nut name”, a court can declare it to be a trust (technically a “constructive trust”).  Trusts are widely used today, mostly tax-minimization platforms because, as a general principle, income gained by a trust is not taxable until paid out to a beneficiary.  That has made trusts of great interest to those advocating tax-reform but because among the most enthusiastic users of trusts are the rich and politicians (society’s most dynamic and influential symbiosis whether in New York, Moscow, Beijing, Islamabad or Pyongyang), not much is likely to change.  A particular flavor of trust is the “irrevocable trust” which, as the name suggests, should be one in which the terms cannot be altered.

Washoe County Courthouse (1910), Reno Nevada.  Built in Classical Revival style, it first gained national attention when the combination of liberal residency requirements and liberal divorce laws created a "divorce boom" which made a significant contribution to the Nevada economy.

In 1999 Rupert Murdoch (b 1931), at the time of his second divorce, created the Murdoch Family Trust (MFT), into which was transferred the shareholdings of a number of companies and the terms of the trust were such that the succession plans for his media empire were settled.  The trust grants the family eight votes, Mr Murdoch controlling four, each of his eldest four children holding one; upon Mr Murdoch’s death, his four would have been distributed equally to them.  The device was created as an “irrevocable trust” as part of the terms of the divorce, the ex-wife waiving the right to a much higher payout in return for the “irrevocable” protection the terms of the trust afforded the four children.  In December 2023, Mr Murdoch filed papers in Reno, Nevada seeing to amend (ie in the technical sense “partially revoke”) the terms of the “irrevocable” MFT to the extent that his oldest son would assume full control over News Corp, the holding company which manages literally hundreds of assets (the best-known of which is now Fox News), excluding the other three siblings.  This was about operational control and did not affect the children’s financial stake in the trust.  The matter (In the Matter of the Doe 1 Trust) was in September 2024 heard before a probate commissioner, in camera, at Washoe County Courthouse, the parties (1) Rupert Murdoch and the eldest son on one side and (2) the three other siblings on the other.

Mr Murdoch had not previously been much associated with the state of Nevada but his legal team chose to file in Nevada because the state has the nation’s most flexible (they like to use the term “progressive”) statutes relating to trust law and it was thus concluded it was there that the highest chance existed for amending an “irrevocable” trust.  The Nevada approach in these matters in interesting in that the state permits “decanting”, a process by which a trustee can transfer assets from one trust into a new trust with different terms, in effect modifying the original trust in that the assets become subject to different rules.  Decant (inter alia “to pour from one vessel into another”) was from the French From French décanter, from the Medieval Latin dēcanthāre, the construct being dē- (of; from) +‎ canthus (beak of a cup or jug).  For administrative simplicity, decanting does not require the approval of a court but can be subject to challenge if it’s alleged a trustee lacks the requisite discretionary authority under the terms of the original trust document.

Wedding day: Rupert Murdoch (b 1931) & model Jerry Hall (b 1956).  The ceremony was conducted at Church of England church of St Bride's, Fleet Street, London, March 2016.  The couple divorced in 2022.

Under Nevada law, despite the name, an “irrevocable trust” is not “irrevocable” in an absolute sense because beneficiaries and trustees can agree to modify the terms of such a trust, even if the trust is irrevocable.  This process (a “non-judicial settlement agreement”) avoids the need for a court hearing, thereby reducing the expense and time required and exemplifies the sort of “flexibility” Nevada’s corporate regulators cite as reasons why the state should be a trustee’s jurisdiction of choice.  However, Nevada does require any modifications be consistent with the trust's purpose and not in violation with its fundamental terms and moreover the usual principles of equity governing trusts apply: there can be no unconscionable conduct.  A Nevada court also can modify or terminate an irrevocable trust if the trust's purpose has become impossible, impracticable, or illegal, or if circumstances not anticipated by the original grantor arise.  In that the remit of equity is wider than in contract law where courts have always been reluctant to “write contracts” although they will correct technical errors and a Nevada court can appoint a “trust protector”, an officer with the authority to amend trust terms, change beneficiaries, or even (under specified conditions) terminate the trust.  This authority can extend to the creation of a “directed trust” (a special class of constructed trust) which allow the grantor or beneficiaries to appoint an entity or individual to oversee specific trust decisions, which can include modifications (all of which are subject to the supervision and ultimately the approval of the court).

The decision of the probate commission in Reno will not have pleased Mr Murdoch.  In a 96 page opinion published on 9 December, the commissioner found Rupert and Lachlan Murdoch (b 1971; the eldest son) had acted in “bad faith” in their attempts to change the terms of the irrevocable MFT, suggesting the pair had organized a “carefully crafted charade” to “permanently cement Lachlan Murdoch’s executive roles” inside the empire “regardless of the impacts such control would have over the companies or the beneficiaries” of the MFT.  He didn’t go as far as one New Zealand judge who once damned evidence brought before him as “an orchestrated litany of lies” but the tone was still severe.

One untypical aspect of the matter is that it wasn’t directly about money; most trust cases involve money, indeed, a financial motivation is at the root of most civil matters.  Mr Murdoch was moved to seek to change the terms of the MFT because he’d concluded Lachlan was the only one of the four children who shared his views on how the editorial position of affected media outlets (most notably Fox News) should be maintained, the other three tending to a more liberal (in US terms) stance.  Interestingly, although that may appear a family’s ideological squabble, the documents which emerged from the discovery process in the matter of Dominion Voting Systems v Fox News (Delaware Superior Court: N21C-03-257; N21C-11-082) which culminated (thus far) in Fox settling the matter by paying Dominion some US$790 million, the alternative being to continue the case and allow more of Fox’s internal documents to enter the public domain) suggested that Mr Murdoch’s decisions about such things are led more by a commercial imperative than any political commitment.  In other words, Fox News should do what it does because it attracted viewers (the product) to deliver to advertisers (the customers); were the Fox News audience suddenly to have a moment of mass-catharsis and become a bunch of seed-eating, basket-weaving hippie vegans, so would shift the Fox News editorial stance.

The usual purpose of an irrevocable trust is to protect the beneficiary (or beneficiaries) from others but they have been recommended for those who might be advantaged by being “protected from themselves”.

So what Mr Murdoch wishes to ensure is that Fox News keeps on doing what it does (and whether one agrees with it or not, few would deny at what it does it’s the best in the world) because that is the path to the highest financial benefits for the MFT.  Lachlan understands and the others don’t so Mr Murdoch is trying to protect the three dissident children from themselves.  Whether defiant or deluded, the dissident triumvirate were pleased with the recommendation: “We welcome the commissioner’s decision and hope that we can move beyond this litigation to focus on strengthening and rebuilding relationships among all family members.  It’s there’s a Murdoch family Christmas dinner, there might be what a diplomatic communiqué would describe as a “frank and robust exchange of views”.

Wedding day: Rupert Murdoch (b 1931) & molecular biologist Elena Zhukova (b 1956).  The ceremony was conducted at Mogara, Mr Murdoch’s Californian vineyard, June 2024.

The procedure in Nevada is the commissioner’s opinion will now be referred to a district court judge, sitting as a court of probate.  The judge can issue a ruling wholly favourable to one side or the other or in some way structure a decision which gives something to each; there will thus be one appeal or two and that may trigger more so although it’s possible the matter may not be finalized before Mr Murdoch dies (God forbid), he recently celebrated his fifth marriage so appears to remain robust and in rude good health.