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Monday, August 18, 2025

Peculiar

Peculiar (pronounced pi-kyool-yer)

(1) Something thought strange, queer, odd, eccentric, bizarre.

(2) Something uncommon or unusual.

(3) Distinctive in nature or character from others.

(4) Belonging characteristically to something.

(5) Belonging exclusively to some person, group, or thing.

(6) In astronomy, designating a star or galaxy with special properties that deviates from others of its spectral type or galaxy class.

(7) A property or privilege belonging exclusively or characteristically to a person.

(8) In the Church of England, a particular parish or church that is exempted from the jurisdiction of the ordinary or bishop in whose diocese it lies and is governed by another.

(9) In printing and typesetting, special characters not generally included in standard type fonts, as phonetic symbols, mathematical symbols etc (such as ±§¿).  Also called arbitraries.

1400-1450: From the late Middle English, from the Old French peculiaire and directly from the Latin pecūliāris (as one's own property), from pecūlium (private property (literally "property in cattle") a derivative of pecū (flock, farm animals) from pecus (cattle) (in Antiquity, the ownership of cattle was an important form of wealth).  The meaning “unusual” dates from circa 1600, a development of the earlier idiom “distinguished or special”.  The meaning "unusual, uncommon; odd" emerged by circa 1600, an evolution from the earlier "distinguished, special, particular, select" which was in use by at least the 1580s.  The euphemistic phrase "peculiar institution" (slavery; "peculiar" used here in the sense of "exclusive to the "slave states") dates from the 1830s when it was used in speeches by Southern politician John C Calhoun (1782-1850) and it was a standard part of the US political lexicon until abolition.  In ecclesiastical administration, peculiar was used in the sense of "distinct from the auspices of the diocese in which it's located".  Peculiar is a noun & adjective, peculiarize is a verb, peculiarity is a noun and peculiarly is an adverb; the noun plural is peculiars.

Photographers will use the natural environment to produce peculiar effects which can be striking: This is Lindsay Lohan straked by sunlight & shadow from a photo session by Ellen Von Unwerth (b 1954) for Vogue Italia, August 2010.  The caption “Ho fatto terribili sbagli dai quali però ho imparato molto.  Probabilmente per questo sono ancora viva” translates from the Italian as “I've made terrible mistakes, but I've learned a lot from them.  That's probably why I'm still alive.

In the Church of England, a peculiar is an ecclesiastical district, parish, chapel or church which operates outside the jurisdiction of the bishop and archdeacon of the diocese in which they are situated. Most are Royal Peculiars subject to the direct jurisdiction of the monarch but some are those under another archbishop, bishop or dean.  The arrangement originated in Anglo-Saxon times and developed as a result of the relationship between the Norman and Plantagenet Kings and the English Church. King Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) retained Royal Peculiars following the Reformation and the Ecclesiastical Licences Act (1533), as confirmed by the Act of Supremacy (1559), transferred to the sovereign the jurisdiction which previously been exercised by the pope.  Surprisingly, most peculiars survived the Reformation but, with the exception of Royal Peculiars, almost all were abolished during the nineteenth century by various acts of parliament.  Mostly harmless among Anglicans, the concept existed also in the Roman-Catholic Church where it caused a few difficulties, usually because of bolshie nuns in convents answerable to Rome and not the local bishop.  The bishops, used to obedience, even if grudging, enjoyed this not at all.

One archaic-sounding peculiarity in the sometimes intersecting world of geopolitics and diplomatic conventions is that on the Chrysanthemum Throne sits an emperor yet there is no Japanese empire.  Actually, despite the institution having a history stretching back millennia, no empires remain extant and some of the more recent (such as the Central African Empire (1976-1979)) have been dubious constructions.  Despite that, the Japanese head of state remains an emperor which seems strange but the reasons the title has endured are historical, linguistic & diplomatic.  The Japanese sovereign’s native title is 天皇 (Tennō (literally “Heavenly Sovereign” and best understood in the oft-used twentieth century phrase “Son of Heaven”).  When, in the mid 1800s, the Western powers first began their engagement with Japan, the diplomatic protocol specialists soon worked out there was in their languages no exact term which exactly encapsulated Tennō and because “king” historically was lower in status than “emperor”, that couldn’t be used because, the Japanese court regarding itself as equal to (in reality probably “superior to”) the ruling house in China, it would have implied a loss of face.  So, on the basis of the precedent of the Chinese 皇帝 (huángdì (Emperor), Tennō entered English (and other European languages) translated as “emperor”.  This solved most potential problems by placing the Japanese sovereign on the same level as the Chinese Emperor & Russian Tsar.

Cars of the Chrysanthemum Throne: Emperor Akihito (b 1933; Emperor of Japan 1989-2019) waving while leaving Tokyo's Imperial Palace in 2006 Toyota Century (left) and the 2019 Toyota Century four-door parade cabriolet (right).  Although in the West, Toyota in 1989 created the Lexus brand for the upper middle class (and hopefully above), the royal household has for years been supplied with Toyotas, some of them with bespoke coachwork and interior appointments although mechanical components come from the Toyota/Lexus parts bin.  The four-door cabriolet replaced a 1990 Rolls-Royce Corniche DHC (drophead coupé) which, having only two doors made less easy an elegant ingress or egress.

As things turned out, the linguistic pragmatism turned out to be predictive because during the Meiji period (1868-1912), Japan emerged as a modern imperial power, with colonies in Taiwan, Korea and other places.  After World War II (1939-1945), the empire was dissolved but the imperial institution was retained, a fudge the Allied powers tacitly had conceded as an alternative to insisting on the “unconditional surrender” the Potsdam Declaration (26 July, 1945) had demanded.  Tennō thus remained the head of state’s title and in English it has continued to be rendered as “Emperor”, a nod more to historical continuity than diplomatic courtesy.  In a practical sense, this represented no obvious challenge because being styled “The Emperor” was geographically vague, unlike the king in the UK who obviously ceased to be called “Emperor of India” after the Raj was dissolved with the granting of Indian independence in 1947.  The peculiar anomaly of an emperor without an empire remains peculiar to Japan.

Peculiar has a range of meanings.  One is the sense of something “uniquely peculiar to” meaning an attribute or something else shared with no other and sometimes things one thought peculiar to one thing or another are proved not so unique.  Saturn’s lovely rings were once thought peculiar to that planet but exploration and advances in observational technology meant that by the late twentieth century it could be revealed Jupiter, Uranus & Neptune all had ring systems, albeit more modest than those of Saturn but they were there.  Non-realistic art has often for its impact depended on a depiction of the peculiar: blue trees, flying dogs and green people once all enough to shock.  This too can change.  Once, a painting of a black swan would have seemed peculiar because, as the Roman saying went rara avis in terris nigroque simillima cygno (a bird as rare upon the earth as a black swan).  The accepted fact was that all swans were white.  However, late in the seventeenth century, Dutch explorers visiting what is now the coast of Western Australia became the first Europeans to see black swans and event subsequently picked up in philosophy as the “black swan moment”, referencing the implications of an accepted orthodoxy of impossibility being disproven, later developed into the “black swan logical fallacy” which became a term used when identifying falsification.

However, the two meanings can co-exist in the one sentence such as: (1) “Fortunately, the most peculiar of the styling motifs Plymouth used on the 1961 range remained peculiar to that single season” or (2) “On the basis of comments from experts in the linguistics community, Lindsay Lohan's peculiar new accent seems peculiar to her.  In each case the first instance was used in the sense of “strange or weird” while the second suggested “uniqueness”.  Because in sentence construction, unless done for deliberate effect, there's some reluctance to repeat what may be called “noticeable words” (ie those which “stick out” because they’re rare or in some way unusual), writers can be tempted by the sin of what Henry Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) called “elegant variation”.  Although willing to concede inelegance had its place as a literary or dramatic device (rather as a soprano with a lovely voice sometimes has to sing an aria which demands she sounds “ugly”), Henry Fowler preferred all sentences to be elegant.  Elegance however was a product and not a process, and he cautioned “young writers” (those older presumably written off as beyond redemption) against following what had become established as a “misleading rules of thumb”: Never to use the same word twice in a sentence or within 20 lines or other limit.  His view was that if unavoidable, repetition, elegantly done was preferable to the obviously contrived used of synonyms such as (1) monarch, king, sovereign, ruler or (2) women, ladies, females, the variants there just to comply with a non-existent rule.  Predictably, the law was singled out as repeat offender, the use of “suits, actions & cases appearing in the one sentence to describe the same thing pointlessly clumsy in what was merely a list in which a repeated use of “cases” would had added clarity although that quality is not one always valued by lawyers.   

Peculiar in the sense of something bizarre: 1961 Plymouth Fury Convertible.  It must have seemed a good idea at the time and never has there been anything to suggest the stylists were under the influence of stimulants stronger than caffeine or nicotine.

Sometimes something thought peculiar can be described as “funny-peculiar” to distinguish it from something disturbing: peculiarities can be thought of as perversions.  In 1906, an embittered and vengeful Friedrich von Holstein (1837–1909; between 1876-1906, an éminence grise in the foreign office of the German Empire) sent a letter to the diplomat Prince “Phili” Phillip of Eulenburg (1847–1921), the man he blamed for ending of his long and influential career:

My dear Phili – you needn’t take this beginning as a compliment since nowadays to call a man ‘Phili” means – well, nothing very flattering… I am now free to handle you as one handles such a contemptible person with your peculiarities.

From this incendiary note ensued a series of legal proceedings exploring the allegations of “unnatural conduct” (homosexual activity) levelled against Prince Phillip, proceedings which involved a roll-call of characters, many with motives which went beyond their strict legal duty and a few with their own agendas.  The matter of Phili’s “peculiarities” was of real political (and potentially constitutional) significance, not merely because homosexuality was punishable under the criminal code (although the statute was rarely enforced) but because the prince had for decades been the closest friend of the German Emperor, Kaiser Wilhelm II (1859–1941; German Emperor & King of Prussia 1888-1918).  To this day, the exact nature of the relationship between the two remains uncertain.

Thursday, December 19, 2024

Pylon

Pylon (pronounced pahy-lon)

(1) A marking post or tower for guiding aviators, much used in air-racing to mark turning points in a a prescribed course of flight.

(2) A relatively tall structure at the side of a gate, bridge, or avenue, marking an entrance or approach.

(3) A monumental tower forming the entrance to an ancient Egyptian temple, consisting either of a pair of tall quadrilateral masonry masses with sloping sides and a doorway between them or of one such mass pierced with a doorway.

(4) In electricity transmission, a steel tower or mast carrying high-tension lines, telephone wires, or other cables and lines (usually as power-pylon, electricity pylon or transmission tower).

(5) In architecture (1) a tall, tower-like structure (usually of steel or concrete) from which cables are strung to support other structures and (2) a lighting mast; a freestanding support for floodlights.

(6) In aeronautics, a streamlined, finlike structure used to attach engines, auxiliary fuel tanks, bombs, etc to an aircraft wing or fuselage.

(7) In modeling, as “pylon shot”, a pose in which a model stands with arms raised or extended outwards, resembling an electricity pylon.

(8) An alternative name for an obelisk.

(9) In aviation, a starting derrick for an aircraft (obsolete) and a tethering point for an dirigible (airship).

(10) In American football (gridiron), an orange marker designating one of the four corners of the field’s end zones.

(11) In the slang of artificial limb makers (1) a temporary artificial leg and (2) a rigid prosthesis for the lower leg.

(12) In literature, as "Pylon Poet" (usually in the plural as “the Pylons”), a group of British poets who during the 1930s included in their work many references to new & newish mechanical devices and other technological developments.

(13) In slang, a traffic cone.

1823: A learned borrowing from Ancient Greek πυλών (puln; pyln) (gateway; gate tower), from pylē (gate, wing of a pair of double gates; an entrance, entrance into a country; mountain pass; narrow strait of water) of unknown origin but etymologists suspect it may be a technical term (from architecture or construction) from another language.  The first use was in archaeology to describe a “gateway to an Egyptian temple”, a direct adaptation of the original Greek.  In Western architecture, it’s believed the first “modern” pylons were the tall, upright structures installed at aerodromes to guide aviators and it was the appearance of these things which inspired the later use as “power pylon” (steel tower for high-tension wires over distance, use noted since 1923) and the word spread to any number of similar looking devices (even those on a small scale such as traffic cones).  Until then, in engineering and architecture, tall structures used to carry cables or in some way provide support (or even be mere decorative) were described as a “tower” or “obelisk” (such use continuing).  Pylon is a noun and pylonless, pylonlike, pylonesque & pylonish are adjectives; the noun plural is pylons.  Despite the fondness in engineering for such forms to emerge, the verbs pyloned & pyloning seem never to have been coined.

The Ancient Greek πυλών (puln; pyln) was used of the grand architecture seen in the entrances to temples and the usual word for doors (and gates) rather more modest was θύρα (thýra).  It was a feminine noun and appears in various forms depending on the grammatical case (θύρα (nominative singular; a door), θύρας (genitive singular; of a door) & θύραι (nominative plural; doors).  Etymologists believe θύρα may have undergone phonological changes, adapting to Greek morphology and pronunciation patterns, while retaining its fundamental meaning tied to entryways or openings.  The word was from the primitive Indo-European dhur or dhwer (door; gateway) which was the source also of the Latin foris (door, entrance), the Sanskrit dvā́r (door, gate), the Old English duru (door) and the Old Norse dyrr (door).  Because of their functional role and symbolism as thresholds (ie transition, entry, protection), the door played a prominent part in linguistic as well as architectural evolution.

Temple of Isis, first pylon, north-eastern view.

The Ancient Greek πυλών (puln; pyln) was the classical term for an Egyptian ceremonial gateway (bekhenet) used in temples from at least the Middle Kingdom to the Roman period (circa 2040 BC–AD 395) and anthropologists have concluded the intent was to symbolize the horizon.  The basic structure of a pylon consisted of two massive towers of rubble-filled masonry tapering upwards, surmounted by a cornice and linked in the centre by an elaborate doorway.  Ancient depictions of pylons show that the deep vertical recesses visible along the facades of surviving examples were intended for the mounting of flag staffs.

An “anchor pylon” is the one which forms the endpoint of a high-voltage and differs from other pylons in that it uses horizontal insulators, necessary when interfacing with other modes of power transmission and (owing to the inflexibility of the conductors), when significantly altering the direction of the pylon chain.  In large-scale display advertizing, a “pylon sign” is a tall sign supported by one or more poles and in the original industry jargon was something in what would now be called “portrait mode”; a sign in “landscape mode” being a “billboard”.  Not surprisingly, there are a number of mountains known as “Pylon Peak”.  The task of naming such geological features is part of the field of toponymy (in semantics the lexicological study of place names(a branch of onomastics)) and a specialist in such things is known as a toponymist.  The term toponomy was later borrowed by medicine where it was used of the nomenclature of anatomical regions. In aviation, the “pylon turn” is a flight maneuver in which an aircraft banks into a circular turn around a fixed point on the ground.

The Ancient Greek πυλών (puln; pyln) was used of the grand architecture seen in the entrances to temples and the usual word for doors (and gates) rather more modest was θύρα (thýra).  It was a feminine noun and appears in various forms depending on the grammatical case (θύρα (nominative singular; a door), θύρας (genitive singular; of a door) & θύραι (nominative plural; doors).  Etymologists believe θύρα may have undergone phonological changes, adapting to Greek morphology and pronunciation patterns, while retaining its fundamental meaning tied to entryways or openings.  The word was from the primitive Indo-European dhur or dhwer (door; gateway) which was the source also of the Latin foris (door, entrance), the Sanskrit dvā́r (door, gate), the Old English duru (door) and the Old Norse dyrr (door).  Because of their functional role and symbolism as thresholds (ie transition, entry, protection), the door played a prominent part in linguistic as well as architectural evolution.

The plyon pose: Lindsay Lohan demonstrates some variations.

In modeling, the “pylon shot” is used to describe the pose in which a model stands with arms raised or extended outwards, resembling (at least vaguely) an electricity pylon, the appearance of which is anthropomorphic.  There are practical benefits for designers in that raising the arms permits a photographer to include more of a garment in the frame and this can be significant if there’s detailing which are at least partially concealed with the arms in their usual position.  Topless models also adopt variations of the pose because the anatomical affect of raising the arms also lifts and to some extent re-shapes the breasts, lending them temporarily a higher, a more pleasing aspect.

The Pylons

The so-called “pylon poets” (referred to usually as “the Pylons”) were a group who dominated British poetry during the 1930s, a time when the form assumed a greater cultural and intellectual significance than today.  The best known (and certainly among the most prolific) of the Pylons were Louis MacNeice (1907–1963), Stephen Spender (1909–1995), WH Auden (1907-1973) and Cecil Day-Lewis (1904–1972), their names sometimes conflated as “MacSpaunday”.  It was Spender’s poem The Pylons which inspired the nickname and it referenced the frequent references to the images of “industrial modernity”, drawn from new(ish) technology and the machinery of factories.  The intrusion of novel machinery and technology into a variety of fields is not unusual; in the age of steam the devices were used as similes when speculating about the operation of the human brain, just as the terminology of computers came to be used when the lexicon entered the public imagination.  Their method underlying the output of the pylons was influenced by the metaphysical poetry of John Donne (circa 1571-1631) whose use of “scientific” imagery was much admired by TS Eliot (1888–1965), the work of whom was acknowledged as influential by both Auden and Spender.  However, the 1930s were the years of the Great Depression and probably their most fertile source was Marxist materialism although, of the Pylons, historians tend to regard only Day-Lewis as one of the “useful idiots”.

The Pylons (1933) by Stephen Spender.

The secret of these hills was stone, and cottages
Of that stone made,
And crumbling roads
That turned on sudden hidden villages
 
Now over these small hills, they have built the concrete
That trails black wire
Pylons, those pillars
Bare like nude giant girls that have no secret.
 
The valley with its gilt and evening look
And the green chestnut
Of customary root,
Are mocked dry like the parched bed of a brook.
 
But far above and far as sight endures
Like whips of anger
With lightning's danger
There runs the quick perspective of the future.
 
This dwarfs our emerald country by its trek
So tall with prophecy
Dreaming of cities
Where often clouds shall lean their swan-white neck.

The term “useful idiot” is from political science and so associated with Lenin (Vladimir Ilyich Ulyanov (1870–1924; first leader of Soviet Russia 1917-1922 & USSR 1922-1924) that it's attributed to him but there's no evidence he ever spoke or wrote the words.  It became popular during the Cold War to describe pro-communist intellectuals and apologists in the West, the (probably retrospective) association with Lenin probably because had the useful idiots actually assisted achieving a communist revolution there, their usefulness outlived, he'd likely have had at least some of them shot as "trouble-makers".  Although it took many Western intellectuals decades to recant (some never quite managed) their support for the Soviet Union, the watershed was probably Comrade Khrushchev's (1894–1971; Soviet leader 1953-1964)  so called "Secret Speech" (On the Cult of Personality and Its Consequences) to the 20th Congress of the Communist Party of the Soviet Union on 25 February 1956 in which he provided a detailed critique of the rule of comrade Stalin (1878-1953; Soviet leader 1924-1953), especially the bloody purges of the late 1930s.

Some had however already refused to deny what had become obvious to all but avid denialists, and in 1949 a contribution by Spender appeared in The God that Failed, a collection of six essays in which the writers lay bare their sense of betrayal and disillusionment with communism because of the totalitarian state forged by comrade Stalin which was in so many ways just another form of fascism.  Spender was associated with the intellectual wing of left-wing politics during the 1930s and was briefly a member of the Communist Party but his attraction seems to have been motivated mostly by the Soviet Union’s promises of equality and its anti-fascist stance.  He quickly became disillusioned with the Soviet state, unable to reconcile its authoritarianism with his personal beliefs in freedom and individual rights, a critical stance differentiated him from figures like George Bernard Shaw (GBS; 1856-1950) and Sidney (1859–1947) & Beatrice Webb (1858–1943), the latter couple for some time definitely useful idiots.

The sort of sights which would have inspired Spender’s line “Bare like nude giant girls that have no secret”.

Louis MacNeice, was politically engaged during the 1930s but that was hardly something unusual among writers & intellectuals during that troubled decade.  Among the pylons he seems to have been the most sceptical about the tenets of communism and the nature of comrade Stalin’s state and no historians seem every to have listed him among the useful idiots, his views of the left as critical and nuanced as they were of the right.  What he most objected to was the tendency among idealistic & politically committed intellectuals to engage in a kind of reductionism which allowed them to present simplistic solutions to complex problems in a form which was little more than propaganda, a critique he explored in his poem Autumn Journal (1939) captures his doubts about political certainty and his disillusionment with simplistic solutions to complex problems.  Auden certainly wasn’t a “useful idiot” and while politically engaged and associated with several leftist intellectual circles during the 1930s, his sympathy for Marxism and anti-fascist causes were really not far removed from those share by even some mainstream figures and a capacity for self-reflection never deserted him.  Much was made of the time he spent in Spain during the Spanish Civil War (1936-1940) but he went as an observer and a propagandist rather than a combatant and what he saw made his disillusioned with the ideological rigidity and in-fighting among leftist factions and he made no secret of his distaste for Stalinist communists.  By the early 1940s, he was distancing himself from Marxism, the process much accelerated by his re-embrace of Christianity where, at least debatably, he discharged another form of useful idiocy, his disapproval of collectivist ideologies apparently not extending to the Church of England.

Profiles of some electricity pylons.  There a literally dozens of variations, the designs dictated by factors such as the ground environment, proximity to people, voltage requirements, weight to be carried, economics, expected climatic conditions and a myriad of other specifics.

Of the Pylons, Cecil Day-Lewis (who served as Poet Laureate of the UK 1968-1972) had the most active period engagement with communism and Marxist ideals and he was for a time politically aligned with the Soviet Union; it was a genuine ideological commitment.  During the 1930s, the true nature of the Soviet Union wasn’t generally known (or accepted) in the West and Day-Lewis admired the Soviet Union as an experiment in social and economic equality which he championed and it wasn’t until late in the decade he realized the ideals he had embraced had been betrayed; it was Great Purge and the Moscow Show-Trials which triggered his final disillusionment.  Day-Lewis later acknowledged the naivety and moral compromises of his earlier stance and came to argue poetry and art should not be subordinated to political ideology, a view formed by his understanding of the implications of propagandistic pieces of his younger years being exactly that.

Thursday, October 24, 2024

Consigliere

Consigliere (pronounced kawn-see-lye-re)

(1) A member of a criminal organization or syndicate who serves as an adviser to the leader (associated historically with legal advisors in the Italian Mafia and similar structures in other places).

(2) In modern use, an advisor or confidant.

(3) A surname of Italian origin (originally occupational).

1969 (in common use in English): An un-adapted borrowing of the Italian consigliere (councilor) (the feminine form consigliera), from consiglio (advice; counsel), from the Latin cōnsilium (council) from cōnsulō, the construct being con- (from the preposition cum (with), from the Old Latin com, from the Proto-Italic kom, from the primitive Indo-European óm (next to, at, with, along).  It was cognate with the Proto-Germanic ga- (co-), the Proto-Slavic sъ (with) and the Proto-Germanic hansō.  It was used with certain words to add a notion similar to those conveyed by with, together, or joint or with certain words to intensify their meaning) + sulo (from the primitive Indo-European selh- (to take, to grab)). + -ium (the –ium suffix (used most often to form adjectives) was applied as (1) a nominal suffix (2) a substantivisation of its neuter forms and (3) as an adjectival suffix.  It was associated with the formation of abstract nouns, sometimes denoting offices and groups, a linguistic practice which has long fallen from fashion.  In the New Latin, as the neuter singular morphological suffix, it was the standard suffix to append when forming names for chemical elements).  Consigliere is a noun, the noun plural is consiglieri or (in English) consiglieres.

Because of the way Google harvests data for their ngrams, they’re not literally a tracking of the use of a word in society but can be usefully indicative of certain trends, (although one is never quite sure which trend(s)), especially over decades.  As a record of actual aggregate use, ngrams are not wholly reliable because: (1) the sub-set of texts Google uses is slanted towards the scientific & academic and (2) the technical limitations imposed by the use of OCR (optical character recognition) when handling older texts of sometime dubious legibility (a process AI should improve).  Where numbers bounce around, this may reflect either: (1) peaks and troughs in use for some reason or (2) some quirk in the data harvested.

Consigliere entered general use in 1969 when it appeared in the novel The Godfather by Mario Puzo (1920–1999), the first of what became a series of five (not wholly sequential and the last co-authored) works revolving around a fictional Italian-American Mafia family.  Use spiked after 1972 when the first of three feature film adaptations was released.  Advisors and confidants of course exist in many parts of society but the significance of the use of “consigliere” is the historic baggage of it being associated with mafiosi (in the Italian Code of Criminal Procedure anyone a part of a criminal (mafia-like) association formed by three or more individuals).  So it’s a loaded word although in Italian there are notionally innocuous forms including consigliere comunale (town councillor), consigliere delegato (managing director) and consigliere d'amministrazione (board member).  It Italian, the related forms include the adjective consigliabile (advisable, the plural being consigliabili), the transitive verb consigliare (to advise, to suggest, to recommend, to counsel), the noun & verb consiglio (advise, counsel; council (in the senses of "an assembly", the plural being consigli)) and the adjective (and in Latin a verb) consiliare (board; council (as la sala consiliare used in the sense of "council chamber")

So a consigliere is a trusted advisor or counselor, historically associated with the Italian Mafia but later also with organized crime in general though the suggestion of a link with things Italian (not necessarily Sicilian) remained strong.  Within organized crime, not all consiglieri were legal advisors although in fiction that does seem to be a common role but all in some way offered “behind the scenes” strategic guidance.  Consigliere can be used metaphorically in a non-criminal context but because of connotations, if the individuals involved have some Italian ancestry, there can lead to accusations of “ethnic stereotyping” and the best neutral descriptors are probably adviser (or advisor) or councillor (counselor in US use) and there are also specific versions such as “legal counsel” “political advisor” etc.

Consulente di moda Kim Kardashian (left) with the client Lindsay Lohan (right).  The consulente di moda (fashion advisor) is a specialized fork of the consiglieri and before she became one of the internet’s more remarkable installations, Kim Kardashian (b 1980) was a “personal stylist” & “wardrobe consultant”, her clients including Paris Hilton (b 1981) and Lindsay Lohan (b 1986).

There are similar terms with their own connotations.  "Camarilla" describes a small, secretive group of advisors or influencers who manipulate decisions behind the scenes and is often used in a political context; notable members can be described as an “éminence grise”.  The term "grey eminence" was from the French éminence grise, (plural eminences grises or eminence grises and literally “grey eminence” and the French spelling is sometimes used in the English-speaking world).  It was applied originally to François Leclerc du Tremblay (1577–1638), also known as Père Joseph, a French Capuchin friar who was the confidant and agent of Cardinal Richelieu (1585–1642), the chief minister of France under Louis XIII (1601–1643; King of France 1610-1643).  The term refers to du Tremblay’s influence over the Cardinal (cardinals in the Roman Catholic Church enjoying the honorific “your eminence”), and the colour of his habit (he wore grey).  Aldous Huxley (1894–1963) sub-titled his biography of Leclerc (L'Éminence Grise (1941)): A Study in Religion and Politics and discussed the nature of both religion & politics, his purpose being to explore the relationship between the two and his work was a kind of warning to those of faith who are led astray by proximity to power.  Use of the term éminence grise suggests a shadowy, backroom operator who avoids publicity, operating in secret if possible yet exercising great influence over decisions, even to the point of being “the power behind the throne”.

In this a gray eminence differs from a king-maker or a svengali in that those designations are applied typically to those who operate in the public view, even flaunting their power and authority.  Probably the closest synonym of the grey eminence is a “puppetmaster” because of the implication of remaining hidden, and although never seen, the strings they pull are if one looks closely enough.  The svengali was named for the hypnotist character Svengali in George du Maurier’s (1834–1896) novel Trilby (1894); Svengali seduced, dominated and manipulated Trilby who was a young, half-Irish girl, transforming her into a great singer but in doing so he made her utterly dependent on him and this ruthlessly he exploited.

From the New York Post, 23 October 2024.

So given all that it was interesting in October 2024 to note the choice of words made by elements of the Murdoch press in reporting the latest legal setback suffered by Rudy Giuliani (b 1944), a politician and now disbarred (struck-off) attorney who first achieved worldwide fame was the mayor of New York City (1994-2001) at the time of the 9/11 terrorist attacks on the World Trade Center.  That later would be turned into infamy with antics such as his later (unintended) cameo in a satirical film and his role as legal counsel to MAGA-era (Make America Great Again) Donald Trump (b 1946; US president 2017-2021), notably his part 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.

In choosing to describe Mr Giuliani as Mr Trump’s “consigliere”, a person or persons unknown within the Murdoch press presumably pondered which noun to use and there certainly were precedents for others to appear, the corporation’s outlets at times having previously described him as “Mr Trump’s personal attorney”, “Head of the Trump legal team” and even “Donald Trump’s cybersecurity advisor”, the last engagement perhaps one of the less expected political appointments of recent decades.  What of course made the use “consigliere” interesting was (1) Mr Giuliani being the son of parents who both were children of Italian immigrants and (2) Mr Trump being a convicted felon so those not of a generous nature might suspect the New York Post was doing a bit of “ethnic stereotyping”.  However, it’s not a unique use because Mr Giuliani has been described as Mr Trump’s “consigliere” by publications which exist at various points on political spectrum including the New York Post (2016), Aljazeera (2018), the Washington Blade (a LGBTQQIAAOP newspaper) (2019), The Economist (2019), the Washington Post (2019), The Nation (2022), Vanity Fair (2022) and Salon.com (2023).  Whether the connotations of the word have become strengthened since Mr Trump gained his unique status as a convicted felon can be debated but the thoughts of the now homeless Mr Giuliani presumably are focused elsewhere.

Thursday, July 11, 2024

Prerogative

Prerogative (pronounced pri-rog-uh-tiv)

(1) An exclusive right, privilege, etc, exercised by virtue of rank, office, or the like; having a hereditary or official right or privilege.

(2) A right, privilege, etc, limited to a specific person or to persons of a particular category.

(3) A power, immunity, or the like restricted to a sovereign government or its representative.

(4) Characterized by lawless state actions (refers to the prerogative state)

(5) Precedence (obsolete except in the legal sense of the hierarchy of rights).

(6) A property, attribute or ability which gives one a superiority or advantage over others; an inherent (though not necessarily unique) advantage or privilege; a talent.

(7) In constitutional law, a right or power exclusive to a head of state (often derived from the original powers of a monarch) or their nominee exercising delegated authority, especially the powers to appoint or dismiss executive governments.

1350-1400: From the Anglo-Norman noun prerogatif, from the Old French prerogative, from the Latin praerogātīva (previous verdict; claim, privilege), noun use of the feminine singular of praerogātīvus (having first vote; privileged), in Anglo-Latin as prerogativa from late thirteenth century.  The origin lay in a statute in the civil law of Ancient Roman which granted precedence to the tribus, centuria (an assembly of one-hundred voters who, by lot, voted first in the Roman comita).  The law guaranteed them a praerogātīvus (chosen to vote first) derived from praerogere (ask before others).  The construct of praerogere was prae (before) + rogare (to ask, ask a favor), apparently a figurative use of a primitive Indo-European verb meaning literally "to stretch out (the hand)" from the root reg- (move in a straight line).  In Middle English, the meaning "an innate faculty or property which especially distinguishes someone or something" was added.  The alternative spelling prærogative is long obsolete.  Prerogative is a noun & adjective, prerogatived is an adjective and prerogatively is an adverb; the noun plural is prerogatives.

In English law, a court classified as “a prerogative court” was one through which the discretionary powers, privileges, and legal immunities reserved to the sovereign could be exercised.  The best known of these courts was the Court of Exchequer, the Court of Chancery and the Court of the Star Chamber (the latter one of those institutions formed to rectify injustice but which was later the source of much; the Court of the Star Chamber may be used as a case-study explaining the phrase: “the road to hell is paved with good intentions”).  In time, clashes between the prerogative courts and common law courts became something of a proxy-theatre in the contest between the king and parliament.  The way that worked out was that the ancient (essentially personal) prerogative rights of the monarch weren’t abolished but rather exercised by parliament or institutions (including courts) to which the powers were delegated.  Whether any prerogative power remains in the hands of the sovereign to be used in “extraordinary and reprehensible circumstances” remains a matter of debate.  There were also ecclesiastical prerogative courts under the authority of the archbishops of Canterbury and York but they existed only to handle probate matters in cases where estates beyond a certain defined value were spread between the two dioceses but they also handled many wills of those who died in colonial or other overseas service.  As part of the great reforms of the late nineteenth century undertaken in the Judicature Acts (1873-1899) the jurisdiction of the ecclesiastical prerogative moved to the common law courts, being finally vested in the Family Division of the High Court of Justice.

In English law, the still sometimes invoked prerogative writ (the best known of which were habeas corpus (from the Latin habeas corpus ad subjiciendum (usually translated as “bring up the body (ie the prisoner))), a demand a prisoner being held by an organ of the state be brought before a court to determine whether there was lawful authority for the detention) and mandamus (from the Latin mandāmus (we command)), an order issued by a higher court to compel or to direct a lower court or a government officer correctly to perform mandatory duties) was a class of six orders available to the crown for the purpose of directing the action of an organ of government (including courts, officials or statutory bodies).  The name was derived from the authority these exercised being traceable ultimately to the discretionary prerogative & extraordinary power of the monarch and the principle remains in use in many common law jurisdictions which evolved from the old British Empire, notably those of the Raj of colonial India.

The woman's prerogative

For a man incautiously to use the phrase “a woman's prerogative”, the risk would be “cancellation” (or worse) although it’s probably still acceptable if there’s a layer of irony.  The phrase is a clipping of the full: “it’s a woman’s prerogative to change her mind”, the implication being women have the right to change their minds or make decisions based on their own preferences and need provide no explanation or justification.  Wise men (and the pussy-whipped) accept this without demur.  It is of course a reflection of a cultural stereotype and seems to have come into use in the mid-nineteenth century, an era in which gender roles were more rigidly defined and women were thought to be more capricious or whimsical in their actions.  However, in law, the “woman's prerogative” was once enforceable, granting them rights not available to men, a most unusual development in Western jurisprudence.

Well into the twentieth century, it was legal orthodoxy in common law jurisdictions for an offer of marriage to be enforceable under the rules of contract law.  While courts didn’t go as far as ordering “specific performance” of the contract (ie forcing an unwilling party to marry someone), they would award damages on the basis of a “breach of promise”, provided it could be adduced that three of the four essential elements of a contract existed: (1) offer, (2) certainty of terms and (3) acceptance.  The fourth component: (4) consideration (ie payment), wasn’t mentioned because it was assumed to be implicit in the nature of the exchange; a kind of “deferred payment” as it were.  It was one of those rarities in common law where things operated wholly in favor of women in that they could sue a man who changed his mind while they were free to break-off an engagement without fear of legal consequences though there could be social and familial disapprobation.  Throughout the English-speaking world, the breach of promise tort in marriage matters has almost wholly been abolished, remaining on the books in the a handful of US states (not all of which lie south of the Mason-Dixon Line) but even where it exists it’s now a rare action and one likely to succeed only in exceptional circumstances or where a particularly fragrant plaintiff manages to charm a particularly sympathetic judge.

The royal prerogative and the reserve powers of the crown

The royal prerogative is the body of customary authority, privilege, and immunity and the means by which (some of) the executive powers of government are exercised in the governance of the state.  These powers are recognized in common law (and in some civil law) jurisdictions are held to vest wholly in the sovereign alone, even if exercised through either appointees (of which governors, governors-general & viceroys are the best-known) constitutional government.  In the narrowest sense of technical theory, the recognition of the personal powers of a sovereign exists in most common law systems where the concept is relevant but has long since mostly been reduced to legal fiction and in most constitutional monarchies, almost all individual prerogatives have been abolished by parliaments.  Some republican heads of state also possess similar powers but they tend to be constitutionally defined and subject to checks and balances.  A notable exception to this is a US president’s un-trammeled right to grant pardons to those convicted of offences under federal law and that’s interesting because it’s the only power in the US Constitution not subject to a check or balance.  A US president thus personally continues to exercise a prerogative in a way a British monarch (or their appointees as governors & governors-general), from whom the power is derived, no longer can.

In Britain, prerogative powers were originally exercised by the monarch (at least in theory and the role of the Church needs also to be noted) acting alone but after the Magna Carta (1215, from the Medieval Latin Magna Carta Libertatum (Great Charter of Freedoms) which divided power among the ruling class, there had to be sought the consent of others and this ultimately became parliamentary consent granted to an executive (exercising powers derived from the absolute authority of the monarch) responsible to the parliament.  This took centuries to evolve and eventually meant, in practical terms, the king got the money he needed for his wars and other ventures in exchange for the parliament getting his signature to pass the laws they wanted.

Watched by the courtiers Lord Mulgrave & Lord Morpeth, Lord Melbourne serves King William IV a blackbird pie (1836), lithograph with watercolour by John Doyle (1797-1868), Welcome Collection, London.  The text is a re-arranged selection of lines from the eighteenth century English nursery rhyme “Sing a Song of Sixpence” and reads: “Sing a song of six pence a bag full of rye, four and twenty black birds baked in a pie, when the pie was opened, the birds began to sing, was not this a pretty dish to set before a king. The blackbirds sing “Justice for Scotland!” and “No tithes!”, controversial issues of the age.  Nineteenth century cartoonists were sometimes more harsh in their treatment of politicians and royalty. 

In Australia, the royal prerogative is limited (but not defined) by the constitution and those powers which vest a monarch’s authority in a governor-general don’t alter the nature of the prerogative, only its detail; the prerogative is exercised by the governor-general but only on the advice of “their” ministers.  The most obvious exception to this is the reserve power of the monarch (and there are those who doubt whether this still exists in the UK) to dismiss a government enjoying the confidence of the lower house of parliament.  In the UK, it’s not been done since William IV (1765–1837; King of the United Kingdom 1830-1837) dismissed Lord Melbourne (1779–1848; Prime Minister of Great Britain 1834 & 1835–1841) in 1834 (some dispute that, saying it was more of a gentleman’s agreement and the last termination was actually that of Lord North (1732–1792; Prime Minister of Great Britain 1770-1782) by George III (1738–1820) King of Great Britain 1760-1820) in 1782) but Australia has seen two twentieth-century sackings; that in 1932 of NSW premier Jack Lang (1876–1975; Premier of New South Wales 1925-1927 & 1930-1932) by Governor Sir Philip Game (1876–1961; Governor of NSW 1930-1935) and, in 1975, when governor-general Sir John Kerr (1914–1991; Governor-General of Australia 1974-1977) sundered Gough Whitlam’s (1916–2014; Prime Minister of Australia 1972-1975) commission.

Dr HV Evatt in his office at the United Nations, New York, 1949.

The 1975 business provoked much academic discussion of the reserve powers but the most lucid read remains Dr HV Evatt’s (1894–1965; ALP leader 1951-1960) book from decades earlier: The King and His Dominion Governors (1936).  Evatt’s volume was published a hundred odd-years after William IV sacked Melbourne and is useful because in that century there had been more than a few disputes about reserve powers.  Evatt’s central point was that the powers exist but proper rules by which they may be exercised are by no means clear.  The legal power is vested in the governor as the representative of the monarch and when it may properly be used depends on usage and convention.  It seems therefore scarcely possible to say confidently of any case when the Crown has intervened that its intervention was or was not correct for the only standard of correctness in each episode is its consistency with episodes of a similar character, none of which in themselves lay down any principle in law.  Further, Evatt notes, in looking to precedent, support for almost any view can be found in the authorities.  Lofty theoretical purity is also not helpful.  The view the sovereign automatically acts in all matters in accordance with the advice of his ministers rests entirely upon assertion and, Evatt observed, the reserve powers are still, on occasion, properly exercisable and that the Sovereign or his representative may have to exercise a real discretion.  Given that, it really might be impossible that the prerogative could be codified in a document which envisages all possible political or other circumstances.  Evatt nevertheless argued the principles which should guide a sovereign should be defined and made clear by statute.

Nor is practical political reality all that much help, however satisfactory an outcome may prove.  What the exercise of the reserve powers, both in 1932 and 1975, did was enable impasses described, however erroneously as constitutional crises to be resolved by an election, rather than other means.  The result of an election however does not conclude the matter for the correctness of the sovereign's action is not measured by his success as a prophet, any post-facto endorsement by the electorate having not even an indirect bearing on the abstract question of constitutionality.

Although variously a high court judge, attorney-general, foreign minister, opposition leader and Chief Justice of NSW, all Dr Evatt asked for on his gravestone was President of the United Nations, noting his service as president of the general assembly (1948-1949).

Evatt’s core argument therefore was reserve powers should be subject to the normal and natural process of analysis, definition and reduction to the rules of positive law, which, by 1936, had in some places been done.  Evatt considered section 33 (10) of the Western Nigerian constitution which codified things thus: The Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support or a majority of the members of the House of Assembly.  Other sections went on to detail the mechanisms of the exercise of the power, thereby attempting to do exactly what Evatt suggests.  However, the Nigerian example cited by Evatt did not prove a solution because the exercise of the power under the constitution became in 1962 a matter of dispute and the case proceeded though the courts, finally ending up before the Privy Council as Adegbenro v. Akintola (1963 AC 614), an indication even the most explicit codification can remain something imperfect.