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Saturday, January 24, 2026

Contempt

Contempt (pronounced kuhn-tempt)

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

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

(3) An act showing such disrespect.

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

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

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

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

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

Contempt of Congress

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

Bill & crooked Hillary Clinton.

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

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

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

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

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

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

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

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

The Brutum Fulmen

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

Bishop Barlow's original publication, 1680.

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

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

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

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

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

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

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

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

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

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

1964 Alfa Romeo 2600 Spider.

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

The Kaiser and the Old Contemptibles

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

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

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

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

Lindsay Lohan, contempt, and the matter of intent

Lindsay Lohan's adorned fingernail in court, 2010.

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

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

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

Self contempt

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

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

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

The thoughts of Bill Buckley on the thoughts of John XXIII

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, October 28, 2025

Cape & Cloak

Cape (pronounced keyp)

(1) A sleeveless garment of various lengths, fastened around the neck and falling loosely from the shoulders, worn separately or attached to a coat or other outer garment.

(2) The capa of a bullfighter.

(3) The act of caping.

(4) Of a matador or capeador during a bullfight, to induce and guide the charge of a bull by flourishing a capa.

(5) A piece of land jutting into the sea or some other large body of water; a headland or promontory

(6) In nautical use, of a ship said to have good steering qualities or to head or point; to keep a course.

(7) As The Cape (always initial capital letters), pertaining to the Cape of Good Hope or to (historically) to all South Africa.

(8) To skin an animal, particularly a deer.

(9) To gaze or stare; to look for, search after (obsolete).

1350–1400: From the (northern dialect) Middle English cap, from the Old English cāp, from the Middle French cape & Old Provençal capa, from the Vulgar Latin capum from the Latin caput (head) and reinforced in the sixteenth century by the Spanish capa, from the Late Latin cappa (hooded cloak).  A fork in the Late Old English was capa, & cæppe (cloak with a hood), directly from Late Latin.  In Japanese the word is ケープ (kēpu).  The sense of a "promontory, piece of land jutting into a sea or lake" dates from the late fourteenth century, from the Old French cap (cape; head) from the Latin caput (headland, head), from the primitive Indo-European kaput (head).  The Cape of Good Hope at the southern tip of Africa has been called the Cape since the 1660s, and sailors in 1769 named the low cloud banks that could be mistaken for landforms on the horizon, Cape fly-away.  The obsolete sense of gazing or staring at something & to look for or search after is from the Middle English capen (to stare, gape, look for, seek), from the Old English capian (to look), from the Proto-West Germanic kapēn.  It was cognate with the Dutch gapen, the German gaffen (to stare at curiously) and the Low German gapen (to stare); related to the Modern English keep.

Cardinal George Pell (1941-2023) in Cappa Magna (great cape) with caudatario (train-bearer).  The church's rituals vie with the Eurovison Song Contest and the Sydney Gay & Lesbian Mardi Gras for having the most variety in men's costuming.

Copes are one of many capes in the extensive wardrobe of Roman Catholic clerics and the highlight of any ecclesiastical fashion parade is the silk cappa magna.  Technically a jurisdictional garment, it’s now rarely seen and worn only in processions or when "in choir" (attending but not celebrating services).  Cardinals wear red and bishops violet and both cardinals and papal nuncios are entitled to a cappa magna of watered silk.  Well into the twentieth century, a cappa magna could stretch for nearly 15 metres, (50 feet) but Pius XII’s (1876-1958; pope 1939-1958) motu proprio (literally “on his own impulse”, essentially constitutionally the same as a royal decree which unilaterally creates law) Valde solliciti (1952) laid down that they should not be longer than 7m (23 feet) and later instructions from the Vatican banned them from Rome and curtailed their use elsewhere.  Valde solliciti translates literally as “very worried” and Pius in 1952 was clearly exactly that, concerned at complaints that the extravagance of the Church’s rituals was inappropriate at a time of such troubled austerity.  There was in 1952 still little sign of the remarkable post-war economic recovery which within a decade would be critiqued in Federico Fellini's (1920–1993) film La Dolce Vita (The Sweet Life, 1960).

Actor Anya Taylor-Joy (b 1996) in ankle-length, collared houndstooth cape with matching mini-skirt by Jonathan Anderson (b 1984; creative director of Christian Dior since 2025) over a sleeveless, white, button-down vest and black, stiletto pumps, Paris Fashion Week, October, 2025.

The car is a Rolls-Royce Silver Spirit (1980-1997), the first of the SZ Series platform which would serve the line until 2003.  The Silver Spirit (and the companion LWB (long wheelbase) variant the Silver Spur (1980-2000)) was mechanically little changed from the Silver Shadow (1965-1980) but with styling updated with hints from the still controversial Camargue (1975-1986), a somewhat ungainly two-door saloon designed by Pininfarina which, as an addition to the range which included the conceptually identical Corniche (under various names available since 1966), appeared to have no purpose other than being positioned as the “world’s most expensive car” but that was apparently enough; even in the troubled 1970s, there was a demand for Veblen products.

In the closet: The ensemble awaits.

There were nice touches in the cape, a highlight of the detailing the arpeggiating used for the hem.  In sewing, the arpeggiated stitch is a technique in hand-stitching that creates an invisible and durable finish by catching only a single thread from the main fabric with each stitch.  This demands the hem be folded, turning the garment inside out allowing a hand-held needle to form small, V-shaped stitches by piercing the seam allowance and then the main fabric.  For the necessary robustness to be achieved, the stitching is kept deliberately loose (preventing pulling which would distort the line) with the finished hem pressed and steamed further to conceal the stitch-work.  Obviously labor intensive and therefore expensive to implement, it’s used in garments where the most immaculate finish is desired and although it’s now possible partially to emulate the effect using machine-stitching, the fashion houses know that for their finest, the old ways are best.

Poetry in motion: The lovely Anya Taylor-Joy on the move, illustrating the way the fashion industry cuts its capes to provide a "framing effect" for the rest of the outfit.

Amusingly, although the industry is sensitive to the issue of cultural appropriation (and especially so if matters end up in court), the term “arpeggiated” was “borrowed” from music.  In music, arpeggiate describes the playing of a chord as an arpeggio (the notes of a chord played individually instead of simultaneously, moving usually from lowest to highest but the same word is used whether notes are rising or falling).  It was from the Italian arpeggiare (to play on a harp), the construct being arpa (harp) + -eggiare (a suffix from the Late Latin -izāre and used to form verbs from adjectives or nouns).  The connection comes from the harp’s sound being associated with flowing sequences of notes rather than “block sounds”.  So, the word can be understood as meaning “broken into a rhythmic or sequential pattern, note by note” and the use in sewing (as “arpeggiated stitch”) took the metaphorically from the musical term, referencing a series of short, regularly spaced diagonal or looped stitches that create a flowing, undulating pattern (ie a rising and falling wave-like progression rather than a static block).

Anya Taylor-Joy in cape, swishing around.

Capes often are spoken of as having an “equestrian look” and it’s true capes do have a long tradition on horseback, both in military and civilian use although in fashion the traditional cut of the fabric has evolved into something better thought of as a “framing effect” for what is worn beneath.  That differs from the more enveloping capes worn by those in professions as diverse as cavalry officers and nomadic sheep herders form whom a cape was there to afford protection from the elements and to act as barrier to the dust and mud which is a way of life in such professions.  On the catwalks and red carpets there’s not usually much mud thrown about (other than metaphorically when the “best & worst dressed” lists appear) and the cape is there just for the visual effect.  That effect is best understood on the move because a cape on its hanger is a lifeless thing whereas when on someone walking so it can flow, coming alive; models become expert in exploiting the billowing made possible by the “sail-like” behavior of the fabric when the fluid dynamics of air are allowed to do their stuff.  A skilled model can make a cape swish seductively.

Imelda Marcos (she of the shoes”, b 1929; First Lady of the Philippines 1965-1986, left) and General Augusto Pinochet (1915-2006; dictator of Chile 1973-1990) at the funeral of Generalissimo Francisco Franco (1892-1975; Caudillo of Spain 1939-1975), Plaza de Oriente, Madrid, Spain, 23 November, 1975.  Franco was something of a model for Pinochet in terms of approach to public administration (having tiresome people “disappeared” or taken outside and shot etc) but not so much in sartorial matters, the Caudillo never having shown much fondness for capes.

Franco’s body originally was interred in a granite and marble crypt beneath the basilica floor of Valle de los Caídos (Valley of the Fallen), a mausoleum & memorial site in the Sierra de Guadarrama mountain range close to Madrid, built by order of the Generalissimo at the end of the Spanish Civil War (1936-1939).  The vast structure, officially opened in 1959, was said the government to be a “national act of atonement” and symbol of reconciliation but controversies about the war and Franco’s subsequent dictatorship were only ever suppressed and in the decades after his death the political and legal manoeuvres to remove from public display all the many relics of the glorification of the victory and dictatorship gathered strength.  In October 2019, his remains were exhumed from the mausoleum and re-interred in the Mingorrubio Cemetery in El Pardo, this time in a family crypt, an event which much divided opinion.  The forces unleashed by the civil war and its decades-long aftermath remain a cleavage in Spanish society and political scientists expect the tensions to continue, even after the war passes from living memory.  In his last public speech a few weeks before his death, Franco had warned the country it remained threatened by a conspiracy involving “communists, left-wing terrorists and Freemasons”.

Cloak (pronounced klohk)

(1) A wrap-like outer garment fastened at the throat and falling straight from the shoulders.

(2) Something that covers or conceals; disguise; pretense.

(3) To cover with or as if with a cloak.

(4) To hide; conceal.

(5) In internet use, a text replacement for an IRC user's hostname or IP address, which makes the user less identifiable.

1175–1225: From the Middle English cloke, from the Old North French cloque, from the Old French cloche & cloke (traveling cloak) from the Medieval Latin cloca (travelers' cape), a variant of clocca (bell-shaped cape (literally “a bell”) and of Celtic origin, from the Proto-Celtic klokkos (and ultimately imitative).  The best known mention of cloak in scripture is in 1 Thessalonians 2:5: For neither at any time “vsed wee flattering wordes, as yee knowe, nor a cloke of couetousnesse, God is witnesse

The cloak was an article of everyday wear as a protection from the weather for either sex in Europe for centuries, use fluctuating but worn well into the twentieth century, a noted spike happening when revived in the early 1800s as a high-collared circular form fashion garment, then often called a Spanish cloak.  The figurative use "that which covers or conceals; a pretext" dates from the 1520s.  The adjectival phrase cloak-and-dagger is attested from 1848, said to be a translation of the French de cape et d'épée, as something suggestive of stealthy violence and intrigue.  Cloak-and-sword was used from 1806 in reference to the cheap melodramatic romantic adventure stories then published, a similar use to the way sword-and-sandals was used dismissively to refer to the many films made during the 1950s which were set during the Roman Empire.  The cloak-room (or cloakroom), "a room connected with an assembly-hall, opera-house, etc., where cloaks and other articles are temporarily deposited" is attested from 1827 and later extended to railway offices for temporary storage of luggage; by the mid twentieth century it was, like power room and bathroom, one of the many euphemisms for the loo, WC, lavatory.  The undercloak was a similar, lighter garment worn for additional protection under the cloak proper.

The cape and the coat worn as cloak.  A caped Hermann Göring (left), photographed on the way to the lavish celebrations the state staged (and paid for) to mark his 45th birthday, Berlin, January, 1938 (left) and in sable-trimmed coat with Luffwaffe General Paul Conrath (1896–1979), Soviet Union, 1942 (right). Worn over the shoulders, a coat becomes cloak-like.

Ruthless, energetic and dynamic in the early years of Nazi rule, Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) was the driving force in the build-up of the Luftwaffe (the German air force) but as things went from bad to worse as the fortunes of war changed, he became neglectful of his many responsibilities, described in 1945 upon his arrival at the jail attached to the Palace of Justice at Nuremberg as “a decayed voluptuary”.  However, he never lost his love for military decorations & uniforms, designing many of his own to suit the unique rank of Reichsmarschall (a kind of six-star general or generalissimo) he held including some in white, sky blue and, as the allied armies closed in on Germany, a more military olive green.  He became fond of capes (all that material can conceal corpulence) and had a number tailored to match his uniforms, Count Galeazzo Ciano (1903–1944; Italian foreign minister 1936-1944) in January 1942 noting of Göring’s visit to Rome: “As usual he is bloated and overbearing”, two days later adding “We had dinner at the Excelsior Hotel, and during the dinner Goering talked of little else but the jewels he owned.  In fact, he had some beautiful rings on his fingers… On the way to the station he wore a great sable coat, something between what automobile drivers wore in 1906 and what a high-grade prostitute wears to the opera.

As well as his vividly entertaining diaries, Ciano was noted for having married the daughter of Benito Mussolini (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943).  The marriage was certainly a good career move (the Italians would joke of the one they called “ducellio”: “the son-in-law also rises”) although things didn’t end well, Il Duce having him shot (at the insistence of Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945), something which over the years must have drawn the envy of many a father-in-law (a sentiment was expressed by Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) who thought his daughters' tastes in men sometimes appalling).  Like the bemedaled Reichsmarschall, the count was also a keen collector of gongs and in 1935, during the Second Italo-Ethiopian War (the last war of conquest in the era of European colonialism which even at the time seemed to many an embarrassing anachronism), Ciano had commanded the Regia Aeronautica's (Royal Air Force) 15th Bomber Flight (nicknamed La Disperata (the desperate ones)) in air-raids on tribal forces equipped with only primitive weapons, being awarded the Medaglia d'argento al valor militare (Silver Medal of Military Valor), prompting some to observe he deserved a gold medal for bravery in accepting a silver one, his time in the air having but barely & briefly exposed him to risk.

The difference

Lindsay Lohan in Lavish Alice striped cape, June 2015.

There probably was a time when the distinction between a cape and a cloak was well defined and understood but opportunistic marketing practices and a declining use of both styles has seen the meaning blur and, in commerce, perhaps morph.  Described correctly, there are differences, defined mostly by length, style and function and what they have in common is that while there are layered versions, generally both are made from one sheet of fabric and worn draped over the shoulders, without sleeves.  The most obvious difference is in length, capes in general being much shorter than cloaks, the length of a cape usually anywhere from the top of the torso to the hips and rarely will a cape fall past the thighs.  By comparison, even the shortest cloak falls below the knees, many are calf-length at minimum and the most luxurious, floor-length.

Yves Saint Laurent Rive Gauche full-length hooded cloak in black velvet.

Stylistically, cloaks and capes differ also in aesthetic detail.  Capes typically cover the back and are open and loose in the front, fastening around the neck with a tiny hook or cords that tie together, although in recent years it’s become fashionable to tailor capes with button or zipper closures down the front.  Traditionally too, capes have tended to be more colorful and embellished with decoration, reflecting their origin as fashion items whereas the history of the cloak was one of pure functionally, protection from the weather and the dirt and grime of life.  Some capes even come with a belt looped through them, creating the look of a cinched waist with billowing sleeves.  Cloaks cover the front and back.  They are more streamlined, fitted and tailored than capes and, because of the tailoring, in earlier times, a small number of women in society sometimes wore cloaks styled like a dress, adorned with belts, gloves and jewelry.  This is rarely done today, but a cloak is still dressier than a cape or coat and can be stunning if worn over an evening gown.  As that suggests, the cloak could function as a social signifier of rank or wealth; although worn by all for warmth, a garment of made from an expensive material or lined with silk was clearly beyond what was needed to fend off mud from the street.

Audrey Hepburn (1929–1993) in calf-length cloak over taffeta.

Because of its origins as something protective, hoods are more commonly seen on cloaks; rare on capes which may have a collar for added warmth bit often not even that.  It’s value as a fashion piece aside, a cape’s main function is to cover the back of the wearer, just for warmth.  Because a cape is much shorter than a cloak, slit openings for the arms are not always necessary because arms easily pass through the bottom opening whereas a cloak usually has slit openings for the arms since the length demands it.  Cloaks were supplanted by coats in the post-war years and exist now mostly as a high-fashion pieces, capes in a similar niche in the lower-end of the market.

The cloak as workwear

Cloak and axe of Giovanni Battista Bugatti (1779–1869), official executioner for the Papal States 1796-1864, Criminology Museum of Rome.  Woodcuts and other depictions from the era suggest the blood-red cloak wasn't always worn during executions. 

Giovanni Battista Bugatti began his career at a youthful 17 under Pius VI (1717–1799; pope 1775-1799) and diligently he served six pontiffs before being pensioned off by Pius IX (1792–1878; pope 1846-1878), his retirement induced not by the Holy See losing enthusiasm for the death penalty because one Antonio Balducci succeeded him in the office which fell into disuse only with the loss of the Papal States (756-1870; a conglomeration of territories in the central & northern Italian peninsula under the personal sovereignty of the pope), after the unification of Italy.  Unlike his illustrious predecessor, history has recorded little about Signor Balducci although it’s known he performed his final execution in 1870.  Signor Bugatti was by far the longest-serving of the Papal States’ many executioners and locals dubbed him Mastro Titta, a titular corruption of maestro di giustizia (master of justice) and his 69 year tenure in his unusual role can be accounted for only by either (1) he felt dispatching the condemned a calling or (2) he really enjoyed his work, because his employers were most parsimonious: he received no retainer and only a small fee per commission (although he was granted a small, official residence).  His tenure was long and included 516 victims (he preferred to call them “patients”, the term adopted also by Romans who enjoyed the darkly humorous) but was only ever a part-time gig; most of his income came from his work as an umbrella painter (a part of the labour market which exists still in an artisan niche).  Depending on this and that, his devices included the axe, guillotine, noose or mallet while the offences punished ranged from the serious (murder, conspiracy, sedition etc) to the petty (habitual thieves and trouble-makers).

Cardinal Pietro Gasparri (1852–1934; Cardinal Secretary of State 1914-1930, left) and Benito Mussolini (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943, right), signing the Lateran Treaty, Lateran Palace, Rome, 11 February 1929.

Although as early as 1786 the Grand Duchy of Tuscany became the first Italian state to abolish the death penalty (torture also banned), the sentence remained on the books in the Papal States; then as now, the poor disproportionately were victims of the sanction, similar (or worse) crimes by the bourgeoisie or nobility usually handled with less severity, “hushed-up” or just ignored, an aspect in the administration of justice not unknown in modern, Western liberal democracies.  With the loss of the Papal States, the pope’s temporal domain shrunk to little more than what lay around St Peter’s Square; indeed between 1870 and the signing of Lateran Treaty (1929) after which the Italian state recognized Vatican City as a sovereign state, no pope left the Vatican, their status as self-imposed prisoners a political gesture.  The Lateran treaty acknowledged the validity of the sentence (Article 8 of the 1929 Vatican City Penal Code stating anyone who attempted to assassinate the pope would be subject to the death penalty) although this provision was never used, tempted though some popes must have been.  Paul VI (1897-1978; pope 1963-1978) in 1969 struck capital punishment from the Vatican's legal code and the last reference to the sanction vanished in 2001 under Saint John Paul II (1920–2005; pope 1978-2005).  Although some states are believed to have (secretly) on the payroll one or more "executioners", retained to arrange assassinations when required, it's not believed the Vatican still has one.