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Showing posts sorted by date for query Mutual & Common. Sort by relevance Show all posts

Sunday, July 28, 2024

Gang

Gang (pronounced gang)

(1) A group of (usually male) adolescents who associate closely, often exclusively, for social reasons, especially such a group engaging in delinquent behavior.

(2) A group of people who associate together or act as an organized body for criminal or illegal purposes; A group of people with compatible tastes or mutual interests who gather together for social reasons:

(3) To arrange in groups or sets; form into a gang.

(4) An alternative term for a herd of buffaloes or elks or a pack of wild dogs

(5) A group of shearers who travel to different shearing sheds, shearing, classing, and baling wool (mostly New Zealand rural).

(6) In electronics, to mount two or more components on the same shaft, permitting adjustment by a single control.

(7) In mechanization and robotics, a series of similar tools arranged to work simultaneously in parallel (eg a gang saw is an assembly of blade and conveyor, pulling logs across its blades to cut an entire section into planks with one pass).

(8) As chain gang, a term to describe a work-gang of convicts chained together, usually by the ankles (mostly US, south of the Mason-Dixon Line).

(9) An outbuilding used as a loo (obsolete).

(10) To go, walk, proceed; a going, journey, a course, path, track (chiefly Britain dialectal, northern England & Scotland).

Pre 900: From the Middle English gangen from the Old English gang, gong, gangan and gongan (manner of going, passage, to go, walk, turn out) from the Proto-Germanic ganganą (to go, walk), from the primitive Indo-European ghengh (to step, walk).  It was cognate with the Scots gang (to go on foot, walk), the Swedish gånga (to walk, go), the Old High German gangan, the Old Norse ganga, the Gothic gaggan, the Faroese ganga (to walk), the Icelandic ganga (to walk, go), the Vedic Sanskrit जंहस् (has & jangha) (foot, walk) and the Lithuanian žengiu (I stride").  Gang emerged as a variant spelling of gangue; scholars have never found any relation to go.  Gang & ganging are nouns & verbs, ganged is a verb, ganger is a noun and gangster is a noun, verb & adjective; the noun plural is gangs.

A counter-revolutionary gang of four.

The evolution of gang from a word meaning “to walk” to one with a sense of “a group formed for some common purpose” appears to have happened in the mid-fourteenth century, probably via "a set of articles that usually are taken together in going", especially a set of tools used on the same job.  By the 1620s this had been extended in nautical speech to mean "a company of workmen" and, within a decade, gang was being used as a term of disapprobation for "any band of persons travelling together", then "a criminal gang or company" and there was a general trend between the seventeen and nineteenth centuries for it to be used to describe animal herds or flocks.  In US English, by 1724, it applied to slaves working on plantations and by 1855, it was used to mean a "group of criminal or mischievous boys in a city".  Synonyms include clan, tribe, company, clique, crew, band, squad, troop, set, party, syndicate, organization, ring, team, bunch, horde, coterie, crowd, club, shift and posse.  Despite the meaning-shift, both gangway and gang-plank preserve the original sense of the word.

HPM 4 gang power outlet (240v / 10a) with pin pattern used in  Argentina, Australia, China, New Zealand, Fiji, Tonga, Solomon Islands & Papua New Guinea.  This is a "four gang" outlet and not a "gang of four" which is something else.

The seemingly curious use in electrical hardware of the term “gang” to refer to the number of switches or sockets grouped in a housing unit or faceplate arose because electricity was a late arrival to the building industry.  In such hardware, each switch or socket is considered a “gang” (1 gang, 2 gang etc).  The electrical industry borrowed “gang” from its various uses in carpentry, plumbing and mechanical engineering where it was applied to just about any equipment where there existed different versions with different groupings or assemblies of similar items.  In the building industry, “gang” had become a standardized term long before there were electrical products so it was natural it be adopted rather than invent new jargon.

The Gang of Four

Although the term (and variations) has since often been used in both politics and popular culture, the original Gang of Four was a faction of the Chinese Communist Party (CCP), the four members all figures of significance during the Cultural Revolution (1966–1976).  The best known of the four was comrade Chairman Mao Zedong's (1893–1976; chairman of the Chinese Communist Party (CCP) 1949-1976) last wife and the extent to which wife and gang, rather than Chairman Mao, were responsible for what happened in the Cultural Revolution remains a dispute among sinologists.  The Gang of Four were arrested within a month of Mao’s death in 1976 and labelled "counter-revolutionaries”.  After a CCP show trial, they were sentenced either to death or long prison-terms although the capital sentences were later commuted.  All have since died, either in prison or after release in the late 1990s.

The Gang of Four on trial, Beijing, 1981.

Comrade Stalin (1878-1953; Soviet leader 1924-1953) conducted the most notorious of his "show trials" during the great purges of the 1930s but he didn't have television as a platform to spread the message (even so, the Soviet populations seemed to "get it").  The CCP however did arrange edited "packages" of the trial of the Gang of Four to be shown on domestic television and while few would have been on tenterhooks waiting for the verdicts, it must have been an interesting insight to the way the CCP presented such things and a rare glimpse of the actual workings of the party's legal mechanisms.  Although sometimes characterized as the "last act" of the Cultural Revolution, it might be more correct to think of it as a coda and although any legal precedents set or upheld may not have been of much significance, the affair has left a linguistic legacy, "gang of four" used for many purposes both in China and the West.  Such is the power of the phrase in China that in a place like Hong Kong, anyone a bit suspicious (and they know who they are) are advised to meet to groups of no more than three.

Saturday, July 13, 2024

Holy

Holy (pronounced hoh-lee)

(1) Specially recognized as or declared sacred by religious use or authority; consecrated.

(2) Dedicated or devoted to the service of God, the church, or religion; godly, or virtuous; of, relating to, or associated with God or a deity; sacred.

(3) Saintly; godly; pious; devout; having a spiritually pure quality; endowed or invested with extreme purity or sublimity.

(4) Entitled to worship or veneration as or as if sacred.

(5) A place of worship; sacred place; sanctuary.

(6) Inspiring fear, awe, or grave distress (archaic).

Pre 900: From the Middle English holi & hali, from the Old English hālig, hāleġ & hǣlig, (holy, consecrated, sacred, venerated, godly, saintly, ecclesiastical, pacific, tame), a variant of the Old English hālig, hǣlig & hāleg, the construct being hāl (whole) + -eg (-y), from the Proto-West Germanic hailag, from Proto-Germanic hailaga & hailagaz (holy, bringing health).  It was cognate with the Old Saxon hēlag, the Gothic hailags the Dutch & German heilig, the Old Frisian helich and the Old Norse heilagr.  Ultimate root was the primitive Indo-European kóhzilus (healthy, whole).  It was adopted at conversion for the Latin sanctus although the Middle English form emerged as holi which remained a common spelling until the sixteenth century.  Holy is a nown & adjective. holiness (the spellings holinesse, holyness & holynesse all obsolete) is a noun and holier & holiest are adjectives; the noun plural is holies.  The noun holiosity is non-standard and is used in humor when referring to those for who religion has become an obsession and often one they think should be imposed on others.

Lindsay Lohan bringing holiness, Machete (2010).  The weapon is a Smith & Wesson .50 Magnum revolver with 8" barrel (S&W500: SKU 163501).

The primary (pre-Christian) meaning is not possible to determine; documentary evidence simply doesn’t exist but most think it probably meant something like “that must be preserved whole or intact, that cannot be transgressed or violated” and was connected with the Old English hal (health) and the Old High German heil (health, happiness, good luck (source of the German salutation Heil which became so well-known in the 1930s)).  Holy water was in Old English and holy has been used as an intensifying word from 1837 and used in expletives since the 1880s; a “holy terror” generally meaning “a difficult or frightening person” but which in Irish informal use means a man thought a habitual gambler, womanizer etc.  The adjectival forms are holier (comparative) & holiest (superlative) while the noun plural is holies but “the holy” functions as a plural when referring to persons or things (eh holy relics) invested with holiness.  When used in a religious context, it’s common to use an initial capital and probably obligatory when referencing the Christian God, or Christ.  The old alternative spellings holi, hali, holie & hooly are all obsolete.  Words that depending on context may be synonymous or merely related include divine, hallowed, humble, pure, revered, righteous, spiritual, sublime, believing, clean, devotional, faithful, good, innocent, moral, perfect, upright, angelic, blessed & chaste.

The Old Testament's Book of Leviticus is regarded by many as a long list of proscriptions, noted especially for the things declared an abomination to the Lord and within the text (Leviticus 17-26) that surprisingly succinct list is known as the “Holiness code” (often referred to in biblical scholarship as the “H texts”), "Holy" in this context understood as “set apart”.  The Holiness code exists explicitly as the set of fundamental rules which the ancient Israelites were required to follow believed they had to follow in order to be close to God and in that sense are the foundational basis for all the moral imperatives in scripture.  What makes them especially interesting historically is the suggestion by a number of scholars that additional laws, written in a style discordant with the rest of the Holiness Code yet in accord with the remainder of Leviticus, were interpolated into the code by a later priest or priests, notably some concerning matters of ritual and procedure hardly in keeping with high moral tone of the apparently original entries.  The contested passages include:

The prohibition against an anointed high priest uncovering his head or rending his clothes (21:10).

The prohibition against offerings by Aaronic priests who are blemished (21:21–22).

The order to keep the sabbath, passover, and feast of unleavened bread (23:1–10a).

The order to keep Yom Kippur, and Sukkot (23:23–44).

The order for continual bread and oil (24:1–9).

Case law concerning a blasphemer (24:10–15a and 24:23).

The order for a trumpet sounding on Yom Kippur (25:9b).

Rules concerning redeeming property (25:23 and 25:26–34).

Order to release Israelite slaves at the year of jubilee (25:40, 25:42, 25:44–46).

Rules concerning redeeming people (25:48–52, and 25:54).

The Holy Alliance

The Holy Alliance (styled in some contemporary documents as “The Grand Alliance”) was something not quite a treaty yet more than a modus vivendi (memorandum of agreement).  Executed soon after the conclusion of the Congress of Vienna (1814-1815), it linked three of the monarchist great states of Europe (Austria, Prussia, and Russia) and existed very much at the behest of Tsar Alexander I (1777–1825; Emperor of Russia from 1801-1825) who had observed the French Revolution (1789) and the convulsions which spread across the continent in its wake and, having little taste for the idea of the mob leading kings to their execution by the guillotine, sought an alliance which would hold in check the forces of secular liberalism.  It was a moment something like that noted by George VI (1895–1952; King of the United Kingdom 1936-1952) who, traveling through the Surrey countryside, pointed at Runnymede (where in 1215 the Magna Carta was forced on a reluctant King John (1166–1216; King of England 1199-1216), saying to his companion: "That's where the trouble started."  

The origin of the Holy Alliance, 1815.

The Tsar envisaged the UK being part of the Holy Alliance but Lord Castlereagh (1769–1822; UK foreign secretary 1812-1822) belonged to the long tradition of trying not become involved in European affairs unless necessary and called it “sublime mysticism and nonsense.”  The troubled Castlereagh committed suicide and in his papers there's no indication of the sense in which he used the word "sublime" but in late fourteenth century it was used as a verb meaning "alchemy".

So inconsequential did Castle think the treaty that he anyway recommended it be joined by the UK, a course of action the Cabinet declined to pursue and the supportive gesture of George IV (1762–1830; prince regent of the UK 1911-1820, king 1820-1830) adding his signature as King of Hanover had the most negligible political or military significance.  Despite London’s reserve, Austria, Prussia, Russia, & the UK did later in 1815 formalize the Quadruple Alliance which had for some time existed in effect to counter the military and revolutionary threat presented by the expansion of the First French Empire under Napoleon I (Napoleon Bonaparte, 1769–1821; First Consul of the French Republic 1799-1804 & Emperor of the French from 1804-1814 & 1815).  Although Napoleon’s defeat at Waterloo wrote finis to that venture, the four powers thought the Quadruple Alliance a means by which the framework created by the Congress of Vienna might best be maintained as a stabilizing device so the state of European affairs might indefinitely be maintained, it’s last resort being the military apparatus which could be deployed to ensure something like the French Revolution couldn’t again happen.  Events seemed to move in the direction of the Holy Alliance when, in 1818, the Bourbon monarchy was restored to France under Louis XVIII (1755–1824; king of France 1814-1824 (but for the unfortunate hundred days in 1815 when he fled the advance of Napoleon)) and the Quadruple Alliance became the Quintuple.  However, the British, even then among the most constitutional of monarchies, never had much enthusiasm for the alliance's more illiberal actions but the four continental powers did impose their will, the Austrians in Italy in 1821 and the French two years later in Spain.  Despite those encouraging successes however, although not fully appreciated at the time, both the arrangement and the Holy Alliance became effectively defunct with the death of Alexander in 1825, the events in France in 1830 the final nail in the coffin.

Nevertheless, the Holy Alliance remains an interesting cul-de-sac in European history and one noted for (by diplomatic standards) the brevity of its three articles: (1) That all members are brethren, beholden when necessary to assist one another to protect religion, peace, and justice, (2) That the members are Christian nations who owe the treasure of their existence to God, and recommend to their subjects to enjoy God’s gifts, and exercise his principles and (3) That members agree this alliance shall utilize the principles of God and Christianity to shape the destinies of mankind over which they have influence.  One suspects Metternich (Prince Klemens von Metternich, 1773–1859, Austrian foreign minister 1809-1848, chancellor 1821-1848) and others might have shared Castlereagh’s opinion of the spiritual flavor of the Tsar’s wording but it was recognized by even the most cynical of pragmatists as at least potentially useful and was eventually signed by all European rulers except (1) the Prince Regent of the UK because of the cabinet’s opposition, (2) the Ottoman sultan who could hardly countenance such a Christian document and (3), the Pope in Rome, the papal councilors and bishops approving not at all of something which, for the sake of unanimity, embraced schism, heresy, and orthodoxy alike.  To the Holy See, these were the papers of politicians and thus the work of the Devil.

Whatever it wasn’t, the Holy Alliance was a symbol of the old social order and liberals viewed it with disdain, revolutionaries with hatred.  Although effectively it was in 1825 buried in the tomb of the dead Tsar, its spirit endured until the revolutions of 1848 and in a sense it continued to influence the actions of statesmen until the Crimean War (1853-1856).  That crafter of alliances, Prince Otto von Bismarck (1815–1898; Chancellor of the German Empire, 1871-1890), attracted to something so over-arching yet meaning so little, sort of resurrected it after the unification of Germany in 1871 but the withered idea of a unifying Christendom proved by the 1880s not strong enough to prevail over Austrian and Russian self-interest in the squabbles in the Balkans as the edges of the Ottoman Empire began to fray.

Of unholy alliances

As a footnote, the Holy Alliance left a linguistic legacy: the phrase “unholy alliance”.  Unholy alliance is used to describe a coalition formed between improbable and usually antagonistic parties, such arrangements often ad hoc and the product of circumstance rather than choice.  There need not be any religious or anti-religious element for it to be applied and it’s a companion term to “strange bedfellows” or “uneasy bedfellows”. 

There have been many instances of use and it appeared in the platform of the Progressive Party, formed by Theodore Roosevelt (TR, 1858–1919; US president 1901-1909) to contest the 1912 US presidential election: “To destroy this invisible government, to dissolve the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day.”  A classic statement of the rationale came from Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) in 1941 when, after Germany invaded the Soviet Union (a unilateral repudiation of an earlier unholy alliance (the Nazi-Soviet pact of 1939) which was one of history’s more cynical arrangements between adversaries, both parties knowing it was being pursued for mutual advantage as a prelude to an eventual conflict between them), the UK suddenly had gained a wartime ally albeit one with which relations had been hardly friendly and often strained since the revolutions of 1917.  In a radio broadcast that evening Churchill announced: “No one has been a more consistent opponent of communism for the last twenty-five years. I will unsay no word I have spoken about it. But all this fades away before the spectacle which is now unfolding. The past, with its crimes, its follies, its tragedies, flashes away.… The Russian danger is therefore our danger, and the danger of the United States, just as the cause of any Russian fighting for hearth and house is the cause of free men and free peoples in every quarter of the globe.”  When one of his colleagues noted the queerness of him being the one to announce such an alliance, he remarked: “If Hitler invaded hell I would make at least a favorable reference to the devil in the House of Commons.

Portrait of Clare Sheridan (then Ms Frewen) (1907), oil on canvas by Emil Fuchs (1866-1929) (left) and a sepia print of the younger Leon Trotsky (circa 1908) (right).  

Churchill didn’t approve of communism, his attitude hardened by the new regime in Moscow having murdered the last Tsar and his family.  Very much a monarchist (his wife once described him as “the last man in Europe who believes in the divine right of kings”), Churchill thus took a dim view of the Bolsheviks and while serving as Secretary of State for War and Air (1919–1921) was involved in the allied intervention supporting anti-Communist White forces in the Russian Civil War (1917-1922), his mood not improved when he learned his favorite cousin, the sculptor Clare Sheridan (1885–1970), had enjoyed a brief affair with comrade Leon Trotsky (1879-1940; founder of the Fourth International).  Whether he ever called Trotsky “the hairiest Bolshevik baboon of all” remains uncertain but it’s at least plausible and he would later tell his cousin “we shall never speak of this unpleasantness again”.  Her memories of the tryst remained fonder, recalling the time her lover had whispered: “a woman like you should be the whole world to a man.”  At least one “Bolshevik baboon” could be poetic.

By 1941, however bad he thought were the communists in Moscow, the Nazis in Berlin were worse so an alliance with the Soviet Union, unholy though it would have felt, Churchill welcomed with barely a qualm.  He was also more perceptive in his assessment of Russian resistance to the invasion than most military & political figures in London, Washington DC or Berlin, the consensus in those circles being the Red Army would be defeated within a few months.  Given the bloody purges comrade Stalin (1878-1953; Soviet leader 1924-1953) had committed against his military leadership and the poor performance of the Russian army against the Finns in 1940, the grim expectations weren’t unreasonable but Churchill offered good odds to anyone willing to take his bet: “I will bet you a Monkey to a Mousetrap that the Russians are still fighting, and fighting victoriously, two years from now.”  That was slang from the turf, a “Monkey” being a £500 wager and a “Mousetrap” a gold sovereign with a nominal value of £1 (ie odds of 500-1).  Unholy the alliance may have been and there were tensions throughout between Moscow, Washington & London but the need to defeat Nazism meant it survived long enough to fulfil its purpose before the Cold War became the world’s new primary political dynamic.

Sunday, June 23, 2024

Murmuration

Murmuration (pronounced mur-muh-rey-shuhn)

(1) An act or instance of murmuring (now rare and mostly jocular).

(2) In ornithological use, the standard collective name for a flock of starlings although sometimes (controversially according to the ornithologists) extended to bees.

(3) In sociology and zoology, an emergent order in a multi-agent social system.

1350–1400: From the Middle English, from the Old French murmure (which endures in modern French) from the Medieval Latin murmurātiōn (stem of murmurātiō (murmuring, grumbling)), from the Latin murmur (humming, muttering, roaring, growling, rushing etc).  The wealth of words related to the onomatopoeic murmur includes rumble, buzz, hum, whisper, muttering, purr, undertone, babble, grumble, mutter, susurration, drone, whispering, humming, mumble, rumor, buzzing and susurrus (the last handy for poets).  The construct was murmur + -ation.  Murmuration is a noun and murmurating & murmurated are verbs; the noun plural is murmurations.

The verb murmur was from the late fourteenth century Middle English and was used in the sense of “make a low continuous noise; grumble, complain”, from the twelfth century Old French murmurer (to murmur, to grouse, to grumble) from murmur (rumbling noise), the transitive sense of “say indistinctly” dating from the 1530s.  As a noun meaning “an expression of (popular) discontent or complaint by grumbling”, the form emerged in the fourteenth century and was from the twelfth century Old French murmure (murmur, sound of human voices; trouble, argument), a noun of action from murmurer, from the Latin murmurare (to murmur, mutter) from murmur (a hum, muttering, rushing), probably from a primitive Indo-European reduplicative base mor-mor, of imitative origin (and the source also of the Sanskrit murmurah (crackling fire), the Greek mormyrein (to roar, boil) and the Lithuanian murmlenti (to murmur).  The meaning in describing sounds from the natural environment (a low sound continuously repeated (of bees, streams, the wind in the trees et al)) was in use by the mid-late 1300s while that of “softly spoken words” dates from the 1670.  The use in clinical medicine to describe “sound heard during auscultation” (the action of listening to sounds from the heart, lungs, or other organs, typically with a stethoscope) has been in the literature since 1824.  A “heart murmur” is an abnormal sound heard during a heartbeat (most often described as a “whooshing or swishing” are the result of turbulent blood flow within the heart or its surrounding vessels.  Such murmurations can be ominous if classified as “pathologic” (or abnormal) but those regarded as “innocent” (or benign) are common (especially in children) and often resolve without treatment.  A diagnosis of a pathologic murmur can indicate an underlying heart condition, the most common causes of which are congenital defects, valve abnormalities (such as stenosis or regurgitation) and infections.  The suffix -ation was from the Middle English -acioun & -acion, from the Old French acion & -ation, from the Latin -ātiō, an alternative form of -tiō (thus the eventual English form -tion).  It was appended to words to indicate (1) an action or process, (2) the result of an action or process or (3) a state or quality.

The New Yorker: Shouts & Murmurs

The New Yorker’s “Shouts & Murmurs” section is dedicated to humorous essays and satirical pieces; the topic range is wide (essentially unlimited) and the whimsical content can be discursive.  It’s reported by many as being the first section turned to when their copy arrives (The New Yorker’s print sales have held up better than most), the takes on everyday situations, cultural phenomena & current events handled in the magazine’s typical way.  In a (vague) sense, “Shouts & Murmurs” is The New Yorker’s “TikTok”: punchy, short form pieces that touch more on popular culture than most of the editorial content.  It’s called “Shouts & Murmurs” rather than “Shouts and Rumors” presumably because (1) it’s a “light & dark” sort of title and (2) The New Yorker really doesn’t do gossip (well it does but usually it’s well-glossed).  While a murmur is “a soft and even indistinct sound made by a person or a group of people speaking quietly or at a distance (ie the opposite of “a shout”)”, a rumor (rumour in British English) is “speculative information or a story passed from person to person but which is just hearsay”.

Birds, sociology & social credit

The adoption of murmuration as the collective noun for starlings is thought almost certainly derived from the sound made when very large numbers of starlings gather in flight, the behaviour most obvious at dusk.  The ornithologists did not approve of the apiarists borrowing the word to describe their bees, saying they’ve already co-opted bike, charm, erst, game, grist, hive, hum, nest, rabble (which seems misplaced given the efficient structure of their industrious societies) & swarm.  There are however no “rules” which govern all this and an alternative collective noun for starlings is a chattering, this applied also to chicks, choughs and goldfinches.

Murmurating eponymously: Tempting though it is to believe, ornithologists assure us that individually or collectively, birds almost certainly make no attempt to form specific shapes when murmurating and are unaware of what shape the formation has assumed.  Such is the variety of shapes achieved, if enough cameras are filming enough murmurations, just about any shape will emerge although, unlike the pareidolias people find in slices of toast, rock formations and such, a specific image summoned by a murmuration is fleetingly ephemeral.

The discipline of sociology relies sometimes on the methods of behavioralism developed in zoology and the term murmuration is co-opted to describe the coordinated, collective behavior of people, an allusion to the movements in unison of flocks of birds which appear both spontaneous and harmonious.  The concept has proved a useful analytical tool when dealing with phenomena where individuals in a group synchronize their actions or thoughts in a fluid and cohesive manner without any apparent centralized direction.  Sociologists tend to group the dynamics of murmuration into four categories:

(1) Self-Organization: The group organizes itself in a dynamic way, adapting to changes in the environment or within the group.

(2) Emergent Behavior: The collective movement or actions arise from the interactions among individuals, rather than from a single leader or directive.

(3) Non-verbal Coordination: Just as birds in a murmuration do not communicate verbally but through subtle cues and reactions, humans in a sociological murmuration often coordinate through indirect signals, such as body language, shared norms, or common awareness.

(4) Complex Patterns: The resulting behavior or movement of the group can form intricate and complex patterns, reflecting a high level of coordination and mutual (and ultimately common) adjustment among the participants.

The seemingly chaotic aerial choreography of starlings murmurating, Sassari, Sardina.  The music is a fragment from the aria Nessun dorma from Giacomo Puccini’s (1858–1924) last opera, the flawed Turandot (1926).

Sociologists were most interested in understanding how individuals within groups create complex social dynamics and outcomes through decentralized interaction but in the last decade, advances in the processing power of computers and the capability of artificial intelligence have enabled the mechanics of murmuration to deconstruct phenomena such as flash mobs, protests, crowds at events, or even online social movements where large numbers of people synchronize their actions through shared information and collective consciousness.  That has been helpful in developing predictive models of behaviour in situations such as evacuations from fire or terrorist incidents but the dystopian implications have been much discussed and, as some sinologists have observed, in the CCP’s (Chinese Communist Party) China’s mass public surveillance machine (integral to the generation of a citizen's "social credit" score), possibly to some extent realized.

Wednesday, May 1, 2024

Privity

Privity (pronounced priv-i-tee)

(1) Private or secret knowledge.

(2) Participation in the knowledge of something private or secret, especially as implying concurrence or consent.

(3) Privacy or secrecy (obsolete).

(4) In medieval theology, a divine mystery; something known only to God, or revealed only in the Holy Scriptures (obsolete).

(5) The genitals (archaic, and only in the plural).

(6) In law, a relationship between parties seen as being a result of their mutual interest or participation in a given transaction, usually in contract.

(7) The fact of being privy to something; knowledge, compliance (now rare).

1175–1225: From the Anglo-Norman priveté & privitee and the Middle English privete & private, from the Old French priveté, privité & priveté (privacy; a secret, private matter), the construct being privé (from the Late Latin privus (set apart, belonging to oneself)) + -té (from the Middle French -té, from the Old French -té, from the Latin -itātem or -tātem, accusative singular of -tās, ultimately from the primitive Indo-European -tehts; the suffix was used to form nouns, often denoting a quality or a property).  The ultimate source was the Classical Latin privātus (perfect passive participle of prīvō (I bereave, deprive; I free, release).  Privity is a noun; the noun plural is privities.

Between the twelfth & sixteenth centuries a privity was “a divine mystery; something known only to God, or revealed only in the Holy Scriptures and by the late 1200s this meaning had leaked into a general sense of “privacy; secrecy”, used between the fourteenth & seventeenth centuries to refer to “a private matter, a secret”.  The use to describe the genitals (presumably influenced in some way by “private parts” or “the private”) as “the privities” is attested from the late fourteen century and didn’t wholly fade from use until the early nineteenth although use had by then long declined to a northern English, Irish & Scottish regionalism.  The word was used from the 1520s as a technical term in the laws regulating feudal land tenure and other fields of law picked it up in the general sense of “a relationship between parties seen as being a result of their mutual interest or participation in a given transaction”; it was in contract law this would assume it’s important meaning as “privity of contract” (describing the special status of the parties to a contract (as legally defined), something which would for centuries be of critical importance and still in use today.  Less precise was the sixteenth century sense of “the fact of being privy to something; knowledge, compliance” and while there are better ways of saying it, such use is not yet extinct.

Privity of contract, Donoghue v Stevenson and the snail.

The classic case (drummed for almost a century into law students) in the demolition of the sense of the absolute in privity of contract was Donoghue v Stevenson ([1932] A.C. 562, [1932] UKHL 100, 1932 S.C. (H.L.) 31, 1932 S.L.T. 317, [1932] W.N. 139), finally decided before the House of Lords.  It was the case which more than any other established the foundation of the doctrine of product liability, refined the concept of negligence (transforming tort law) and remains a core part of the framework for the principles of “duty of care” which substantially it expanded.

The extraordinary case began with events which transpired in the modest settings of the Wellmeadow Café in Paisle, Scotland, Mrs Donoghue’s friend on 26 August 1928 buying her a ginger-beer, served in a bottle made from a dark, opaque glass.  After she’d consumed about half, the remainder was poured into a tumbler at which point the partially decomposed remains of a snail floated out, inducing an alleged shock and severe gastro-enteritis.  Because Mrs Stevenson was not a party to the contractual purchase of the ginger beer, she was unable to claim through breach of warranty of a contract: she was not party to any contract because, at law, she received the drink as a gift.  Accordingly, she issued proceedings against Stevenson (the manufacturer) and, after some four years in the lower courts, the matter ended up before the House of Lords, then the UK’s highest appellate court.

All were aware it was an important case.  The lower courts, bound by precedent, had been compelled to find the absence of privity of contract doomed the suit but the issue of product liability in the modern era of consumers interacting usually not directly with the producer of goods but their agents or retailers had for some time been discussed as an area of law in which reform was required.  What the Law Lords had to decide was whether the manufacturer owed Mrs Donoghue a duty of care in the absence of contractual relations contrary to established case law.  The important point was not if she was owed compensation for damages suffered but if a cause of action existed.

Previously, as a general principle, manufacturers owed no duty of care to consumers except if (1) the product was inherently dangerous and no warning of this sate was provided and (2) the manufacturer was aware that the product was dangerous because of a defect and this had been concealed from the consumer.  The Lords found for Mrs Donoghue although in a cautious judgement which could be read as offering little scope for others except the specific matter of ginger beer in opaque bottles containing the decomposed remains of a dead snail when sold to a Scottish widow.  However, the mood for reform was in the legal air and the judgment established (1) negligence is distinct and separate in tort, (2) there need not be privity of contract for a duty of care to be established and (3) manufacturers owe a duty to the consumers who they intend to use their products.

In the leading judgment, Lord Atkin (James Richard Atkin, 1867–1944; lord of appeal in ordinary 1928-1944) wrote, inter alia, what was at that time the widest definition of the “neighbour principle”: “The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, Who is my neighbour? receives a restricted reply.  You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.  Who, then, in law is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.  On this basis, if no other, the Lords held Mrs Donoghue’s action had succeeded and she had a cause of action in law, the culmination of a growing appreciation by the courts that the law needed to evolve to reflect the patterns of modern commerce.  Some years before Donoghue v Stevenson had been decided, another judge had observed “it would appear to be reasonable and equitable to hold that, in the circumstances and apart altogether from contract, there exists a relationship of duty as between the maker and the consumer

Once, if someone bought two bottles of ginger beer and gave one to a friend, were both to be injured by decomposing snails within, only the consumer who handed over the cash could have recovered damages because they alone enjoyed a privity of contract.  Since Donoghue v Stevenson, both can in court seek remedy in tort on the basis of “product liability”, a manufacturer’s duty of care held to extend to all consumers of their products.

Being the common law, what was effectively a new doctrine (and one, as the term “neighbour principle” suggests, rooted in Christian morality) it was also a general principle and thus a foundation on which the building blocks of subsequent judgments would sit; it could not be treated, in the words of Lord Reid (James Scott Cumberland Reid, 1890–1975, lord of appeal in ordinary 1948-1975): “as if it were a statutory definition. It will require qualification in new circumstances.  The courts in the years after 1932 had ample opportunity to refine things and this included the development of the modern tests in tort for the “foreseeability of damage” and “proximity” to which was later appended the surprisingly recent “fairness”, something which came to be regarded as within the rubric of public policy, all able to work in conjunction and as one judge noted, the distinctions between them were “somewhat porous but they are probably none the worse for that.  From Donoghue v Stevenson has evolved the modern notion of product liability and it would now to many seem strange there was in living memory a time when a manufacturer could escape liability for selling defective goods simply on the basis the injured party wasn’t the purchaser.  One curious quirk of Donoghue v Stevenson remains that the facts were not tested so it will never be known if the most important character in the case (the decomposing snail) ever existed.

Monday, April 15, 2024

MADD

MADD, Madd MaDD (pronounced mad)

(1) The acronym (as MADD) for Mothers Against Drunk Driving, a non-profit education and lobbying operation founded in California in 1982 with a remit to campaign against driving while drink or drug-affected.

(2) The acronym (as MADD) for Myoadenylate deaminase deficiency or Adenosine monophosphate deaminase.

(3) The acronym (as MADD) for multiple acyl-CoA dehydrogenase deficiency (known also as the genetic disorder Glutaric acidemia type 2).

(4) In computing (as MADD), the acronym for Multiple-Antenna Differential Decoding (a technique used in wireless comms using multiple antennas for both transmit & receive which improves performance by exploiting spatial diversity & multipath propagation of the wireless channel).

(5) As the gene MADD (or MAP kinase), an activating death domain protein.

(6) As Madd, the fruit of Saba senegalensis (a fruit-producing plant of the Apocynaceae family, native to the Sahel region of sub-Saharan Africa).

(7) As madd, a clipping of maddah (from the From Arabic مَدَّة (madda)), the English form of the Arabic diacritic (a distinguishing mark applied to a letter or character) used in both the Arabic & Persian.

(8) The acronym (as MaDD), Maladaptive Daydreaming Disorder.

(9) The acronym (as MADD), for mutually assured digital destruction: a theory of cyber-warfare whereby each participant demonstrates to the other their capacity to inflict equal or more severe damage in retaliation, thereby deterring a cyber-attack (based on the earlier MAD (mutually assured destruction), a description of nuclear warfare deterrence).

From AD to MAD, 1962-1965

The period between the addition of nuclear weapons to the US arsenal in 1945 and 1949 when the USSR detonated their first atomic bomb was unique, a brief anomaly in the history of great-power conflict.  It's possible to find periods in history when one power has possessed an overwhelming preponderance of military strength that would have enabled them easily to defeat any enemy or possible coalition but never was the imbalance of force so asymmetric as it was between 1945-1949.   Once both the US and USSR possessed strategic nuclear arsenals, the underlying metric of Cold War became the two sides sitting in their bunkers counting warheads and the centrality of that lasted as long as the bombs were gravity devices delivered by aircraft which needed to get to a point above the target.  At this point, the military’s view was that nuclear war was possible and the only deterrent was to maintain a creditable threat of retaliation and, still in the age of the “bomber will always get through” doctrine, both sides literally kept squadrons of nuclear-armed bombers in the air 24/7.  Once ground-based intercontinental ballistic missiles (ICBMs) and (especially) submarine-launched ballistic missile (SLBMs) were deployed, the calculation of nuclear war changed from damage assessment to an acknowledgement that, in the worse case scenarios made possible by the preservation of large-scale second-strike retaliatory capacity, although the "total mutual annihilation" of the popular imagination was never likely, the damage inflicted would have been many times worse and more extensive than in any previous conflict and, although the climatarian implications weren't at the time well-understood, the consequences would have been global and lasted to one degree or another for centuries.

It was thus politically and technologically deterministic that the idea of mutually assured destruction (MAD) would evolve and it was a modification of a deterrence doctrine known as AD (assured destruction) which appeared in Pentagon documents as early as 1962.  AD was intended as a way to deter the USSR from staging a first-strike against the US, the notion being that the engineering and geographical deployment of the US's retaliatory capacity was such that whatever was achieved by a Soviet attack, their territory would suffer something much worse.  To the Pentagon planners in their bunker, the internal logic of AD was compelling and was coined as a description of the prevailing situation rather than a theoretical doctrine.  To the general population, it obviously meant MAD (mutually assured destruction) and while as a doctrine of deterrence, the metrics remained the same, after 1966 when the term gained currency, it began to be used as an argument against the mere possession of nuclear arsenals, the paradox being the same acronym was also used to underpin the standard explanation of the structural reason nuclear warfare was avoided.  Just as paradoxically, while serving to prevent their use, MAD also fueled the arms race because the stalemate created its own inertia and it would be almost a decade before the cost and absurdity of maintaining the huge number of useless warheads was addressed.  MAD probably also contributed to both sides indulging in conflict by proxy, supporting wars and political movements which served as surrogate battles made too dangerous by the implications of MAD to be contested between the two big protagonists.

Maladaptive Daydreaming Disorder

There are those who criticize the existence of MADD (Maladaptive Daydreaming Disorder) as an example of the trend to “medicalize” aspects of human behaviour which have for millennia been regarded as “normal”, the implication being the sudden creation of a cohort of customers for psychiatrists and the pharmaceutical industry, the suspicion being MADD is of such interest to the medical-industrial complex because the catchment is of the “worried well”, those with sufficient disposable income to make the condition worthwhile, the poor too busy working to ensure food and shelter for their families for there to be much time to daydream.

Still, the consequences of MADD are known to be real and while daydreaming is a common and untroubling experience for many, in cases where it’s intrusive and frequent, it can cause real problems with everyday activities such as study or employment as well as being genuinely dangerous if associated with tasks such as driving or the use of heavy machinery.  The condition was first defined by Professor Eli Somer (b 1951; a former President of both the International Society for the Study of Trauma and Dissociation (ISSTD) and the European Society for Trauma and Dissociation (ESTD)) who described one manifestation as possibly an “escape or coping mechanism from trauma or abuse”, noting it may “involve long periods of structured fantasy”.  Specific research into MADD has been limited but small-scale studies have found some similarities to behavioral addictions, the commonality being a compulsion to engage in activities despite negative impacts on a person’s mental or physical health or ability to function various aspects of life. 

Despite the suggestion of similarities to diagnosable conditions, latest edition of the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR, 2022) did not add an entry for MADD and the debate among those in the profession interested in the matter is between those arguing it represents an unidentified clinical syndrome which demands a specific diagnosis and those who think either it fits within the rubric of obsessive compulsive disorder (OCD) or is a dissociative condition.  Accordingly, in the absence of formal recognition of MADD, while a psychiatrist may decline to acknowledge the condition as a specific syndrome, some may assess the described symptoms and choose to prescribe the drugs used to treat anxiety or OCD or refer the patient to sessions of cognitive behavior therapy (CBT) or the mysterious mindfulness meditation.

Mutually Assured Digital Destruction

Authors in 2021 suggested MADD (mutually assured digital destruction) as the term to describe the strategic stalemate achieved by the major powers infecting each other’s critical (civilian & military) digital infrastructure with crippleware, logic-bombs and other latent tools of control or destruction.  The core the idea was based on old notion of “the bomber always gets through”, a recognition it’s neither possible to protect these systems from infiltration nor clean up what’s likely there and still undiscovered.  So, rather than being entirely covert, MADD instead makes clear to the other side its systems are also infected and there will be retaliation in kind to any cyber attack with consequences perhaps even worse than any suffered in the first strike.  Like the nuclear submarines with their multiple SLBMs silently which cruise the world's oceans, the strategic charm of the latent penetration of digital environments is that detection of all such devices is currently impossible; one knows they (and their SLMBs) are somewhere in firing range but not exactly where.  Oceans are big places but so is analogously is the digital environment and a threat may be in the hardware, software or the mysterious middleware and sometimes a treat can actually be observed yet not understood as such.

For individuals, groups and corporations, there's also the lure of unilateral destruction, something quite common in the social media age.  For a variety of reasons, an individual may choose to "delete" their history of postings and while it's true this means what once was viewable no longer is, it does not mean one's thoughts and images are "forever gone" in the sense one can use the phrase as one watches one's diary burn.  That was possible (with the right techniques or a power drill) when a PC sat on one's desk and was connected to nothing beyond but as soon as a connection with a network (most obviously the internet) is made and data is transferred, whatever is sent is in some sense "in the wild".  That was always true but in the modern age it's now effectively impossible to know where one's data may exist, such are the number of "pass-through" devices which may exist between sender and receiver.  On the internet, even if the path of the data packets can be traced and each device identified, there is no way to know where things have been copied (backup tapes, replica servers et al) and that's even before one wonders what copies one's followers have taken.  There may often be good reasons to curate one's social media presence to the point of deletion but that shouldn't be thought of as destruction.

Saturday, April 13, 2024

Mutual & Common

Mutual (pronounced myoo-choo-uhl)

(1) Possessed, experienced, performed, etc by each of two or more with respect to the other; reciprocal.

(2) Having the same relation each toward the other.

(3) Of or relating to each of two or more; held in common; shared.

(4) In corporate law, having or pertaining to a form of corporate organization in which there are no stockholders, and in which profits, losses, expenses etc, are shared by members in proportion to the business each transacts with the company:

(5) In informal use, an entity thus structured.

1470–1480: From the Middle English mutual (reciprocally given and received (originally of feelings)), from the Old & Middle French mutuel, from the Latin mūtu(us) (mutual, reciprocal (originally “borrowed”)), the construct being mūt(āre) (to change (source of the modern mutate (ie delta, omicron and all that))) + -uus (the adjectival suffix) + the Middle French -el (from the Latin –ālis (the third-declension two-termination suffix (neuter -āle) used to form adjectives of relationship from nouns or numerals) and rendered in English as –al.  Root was the primitive Indo-European mei- (to change, go, move).  The alternative spelling mutuall is obsolete.  Derived forms used to describe ownership structures such as quasi-mutual and trans-mutual are created as required.  Mutual & mutualist are nouns & adjectives, mutuality, mutualization, mutualism & mutualness are nouns, mutualize, mutualizing & mutualized are verbs and mutually & mutualistically are adverbs; the noun plural is mutuals.

The term "mutually exclusive" is widely used (sometimes loosely) but has a precise meaning in probability theory & formal logic where it describes multiple events or propositions such that the occurrence of any one dictates the non-occurrence of the other nominated events or propositions.  The noun mutualism is used in fields as diverse as corporate law, economic theory, materials engineering, political science and several disciplines within biology (where variously it interacts with and is distinguished from symbiosis).  The phrase "mutual admiration society" is from 1851 and appears to have been coined by Henry David Thoreau (1817–1862) to describe those who habitually were in agreement with each-other and inclined to swap praise.  The "mutual fund", although the structure pre-existed the adjectival use, is from 1950 and these soon came to be known simply as “mutuals”, the word appearing sometimes even in the registered names and the best known of the type were the building societies & benevolent (or friendly) societies, the core structural element of what was the ownership being held in common by the members rather than shareholders.  The concept of the mutual structure is of interest in some jurisdictions because of the suggestion the large assets held by chapters of the Freemasons may be so owned and, with the possibility the aging membership may ultimately result in these assets being dissolved and the proceeds distributed.  If, under local legislation, the structure was found to be mutual, membership might prove unexpectedly remunerative.

The Cold War's "mutually assured destruction" (MAD) is attested from 1963 (although it wasn’t until 1966 it entered general use) and was actually a modification of the Pentagon’s 1962 term “assured destruction” which was a technical expression from US military policy circles to refer to the number of deliverable nuclear warheads in the arsenal necessary to act as a deterrent to attack.  In the public consciousness it was understood but vaguely defined until 1965 when Robert McNamara (1916–2009; US Secretary of Defense 1961-1968) appeared before the House Armed Services Committee and explained the idea was "the minimum threat necessary to assure deterrence: the capability in a retaliatory nuclear attack to exterminate not less than one third the population of the Union of Soviet Socialist Republics (USSR)”.  The “mutual” was added as the number of deployable Soviet warheads reached a critical strategic mass.  The mastery of statistical analysis served McNamara well until the US escalation of the war in Vietnam when the Hanoi regime declined to conform to follow his carefully constructed models of behavior. 

In social media, a mutual is a pair of individuals who follow each other's social media accounts, whether by agreement or organically and there’s something a niche activity is working out the extent to which the behavior happens between bots.  Mutuality (reciprocity, interchange) was from the 1580s.  Mutually (reciprocally, in a manner of giving and receiving), was noted from the 1530s and the phrase mutually exclusive was first recorded in the 1650s.  The specialized mutualism (from the Modern French mutuellisme) dates from 1845, referring to the doctrine of French anarchist-socialist Pierre-Joseph Proudhon (1809-1865) that individual and collective well-being is attainable only by mutual dependence.  In the biological sciences, it was first used in 1876 to describe "a symbiosis in which two organisms living together mutually and permanently help and support one another" although there are those who differentiate mutualism (a type of co-existence where neither organism is directly affected by the other but the influence they exert on other organisms or the environment is of benefit to the other) from symbiosis (where there’s a co-dependency).

Parimutuel betting is from the French invention pari mutuel (mutual betting), the construct being pari (wager, from parier (to bet) from the Latin pariare (to settle a debt (literally “to make equal”)) from par, from paris (equal) + mutuel (mutual).  It describes a gambling system where all bets of a particular type are pooled and from this (gross-pool), taxes and the vigorish (from the Yiddish וויגריש‎ (vigrish), from the Russian вы́игрыш (výigryš) (winnings), the commission or “hose-take" are deducted.  The dividends are then calculated by dividing the remainder (net pool) by all winning bets.  In many jurisdictions it’s called the Tote after the totalisator, which calculates and displays bets already made; in Australia and New Zealand it’s the basis of the original agency structure of the Totalisator Agency Board (TAB).

The adoption of mutual as a synonym for "common" is from 1630s and was long condemned as being used “loosely, improperly and not infrequently, often by those who should know better”; “mutual friend" seemed the most common offence.  The view was that “mutual” could apply to only two objects and “common” should be used if three or more were involved.  Opinion has thankfully since softened.  Mutual and common (in the sense of the relation of two or more persons or things to each other) have been used synonymously since the sixteenth century and the use is considered entirely standard.  Objections are one of those attempts to enforce create rules in English which never existed, the only outcome being the choice of use treated as a class-identifier by those who care about such things and either ignored or un-noticed by most.  Tautologous use of mutual however should be avoided: One should say co-operation (not mutual co-operation) between two states.

Common (pronounced kom-uhn)

(1) Belonging equally to, or shared alike by, two or more or all in question (as in common property; common interests et al).

(2) Pertaining or belonging equally to an entire community, nation, or culture; public (as in common language; common history et al).

(3) Joint; united.

(4) Prevailing; Widespread; general; universal (eg common knowledge).

(5) Customary, habitual, everyday.

(6) In some jurisdictions a tract of land owned or used jointly by the residents of a community, usually a central square or park in a city or town (often as “the commons” or “the common”).

(7) In domestic & international law, the right or liberty, in common with other persons, to take profit from the land or waters of another, as by pasturing animals on another's land (common of pasturage ) or fishing in another's waters (common of piscary).  Of interest to economist and ecologists because of the disconnection between the economic gain from the commons and the responsibility for its care and management.

(8) Vulgar, ordinary, cheap, inferior etc (as a derogatory expression of class, often in phrases such as “common as muck” or “common as potatoes”, the back-handed compliment “the common-touch” applied to politicians best at disguising their contempt for the voters (or, as they refer to us: “the ordinary people”).

(9) In some (particularly Germanic) languages, of the gender originating from the coalescence of the masculine and feminine categories of nouns.

(10) In grammar, of or pertaining to common nouns as opposed to proper nouns.

(11) In the vernacular, referring to the name of a kind of plant or animal but its common (ie conversational) rather than scientific name (the idea reflected in the phrase “common or garden”).

(12) Profane; polluted (obsolete).

(13) Given to lewd habits; prostitute (obsolete).

(14) To communicate something; to converse, talk; to have sex; to participate; to board together; to eat at a table in common (all obsolete vernacular forms).

1250–1300: From the Middle English comun (belonging to all, owned or used jointly, general, of a public nature or character), from the Anglo-French commun, from the Old French, commun (Comun was rare in the Gallo-Romance languages, but reinforced as a Carolingian calque of the Proto-West Germanic gamainī (common) in the Old French and commun was the spelling adopted in the Modern French) (common, general, free, open, public), from the Latin commūnis (universal, in common, public, shared by all or many; general, not specific; familiar, not pretentious), thought originally to mean “sharing common duties,” akin to mūnia (duties of an office), mūnus (task, duty, gift), from the unattested base moin-, cognate with mean.  The Latin was from a reconstructed primitive Indo-European compound om-moy-ni-s  (held in common), a compound adjective, the construct being ko- (together) + moi-n- (a suffixed form of the root mei- or mey (to change, go, move (hence literally "shared by all").  The second element of the compound was the source also of the Latin munia (duties, public duties, functions; specific office).  It was possibly reinforced in the Old French by the Germanic form of om-moy-ni-s  (ko-moin-i) and influenced also the German gemein, and the Old English gemne (common, public).  Comun and its variations cam to displace the native Middle English imene & ȝemǣne (common, general, universal (from the Old English ġemǣne (common, universal)), and the later Middle English mene & mǣne (mean, common (also from the Old English ġemǣne)) and the Middle English samen & somen (in common, together (from the Old English samen (together)). A doublet of gmina.  Common is a noun, verb & adjective, commoner is a noun & adjective, commonality is a noun and commonly is an adverb; the noun plural is commons.

Common has been used disparagingly of women and criminals since at least the fourteenth century and snobs have added categories since as required.  The meanings "pertaining equally to or proceeding equally from two or more" & "not distinguished, belonging to the general mass" was from circa 1400 whereas the sense of "usual, not exceptional, of frequent occurrence" & "ordinary, not excellent" dates from the late fourteenth century.  Common prayer was that done in public in unity with other worshipers as contrasted with private prayer, both probably more common then than now.  The Church of England's Book of Common Prayer was first published in 1549 and went through several revisions for reasons both theological and political.  The 1662 edition remains the standard collection of the prayer books used in the Anglican Communion and while many churches now use versions written in more modern English, there remain traditionalists who insist on one of the early editions.

The common room was noted first in the 1660s, a place in the university college to which all members were granted common access.  The late fourteenth century common speech was used to describe both English and (less often) vernacular (which came to be called vulgar) Latin.  From the same time, the common good was an English adoption of the Latin bonum publicum (the common weal).  Common sense is from 1839 and is U whereas, because of the tortured grammar, 1848’s common-sensible is thought non-U.  The idea of common sense had been around since the fourteenth century but with a different meaning to the modern: The idea was of an internal mental power supposed to unite (reduce to a common perception) the impressions conveyed by the five physical senses (sensus communisin the Latin, koine aisthesis in the Ancient Greek). Thus it evolved into "ordinary understanding, without which one is foolish or insane" by the 1530s, formalised as "good sense" by 1726 with common-sense in the modern sense the nineteenth century expression.

The mid-fourteenth century common law was "the customary and unwritten laws of England as embodied in commentaries and old cases", as opposed to statute law.  Over the years, this did sometimes confuse people because in different contexts (common law vs statute law; common law versus equity; common law vs civil law) the connotations were different.  The phrase common-law marriage is attested from a perhaps surprisingly early 1909.  In the English legal system, common pleas was from the thirteenth century, from the Anglo-French communs plets (hearing civil actions by one subject against another as opposed to pleas of the crown).  In corporate law, common stock is attested from 1888.  The late fourteenth century commoner is from the earlier Anglo-French where in addition to conveying the expected sense of "one of the common people” also had the technical meaning “a member of the third estate of the estates-general".  In English it acquired the dual meaning as (1) of non-royal blood and (2), since the mid-fifteenth century “a member of the House of Commons.  Commonly the adverb is from circa 1300 and commonness the noun from the 1520s though it originally meant only "state or quality of being shared by more than one", the idea of something of "quality of being of ordinary occurrence" not noted until the 1590s.  The adjective uncommon assumed a similar development, in the 1540s meaning "not possessed in common" and by the 1610s meaning "not commonly occurring, unusual; rare".

Last thoughts on a non-rule

The distinction between mutual (reciprocal; between two) and common (among three or more) probably once was, at least to some extent, observed by educated writers, Dr Johnson (1709-1984) in his A Dictionary of the English Language (1755) allowing but one definition: MUTUAL a. Reciprocal; each acting in return or correspondence to the other.

G K Chesterton.

That old curmudgeon G K Chesterton (1874-1936) was certainly convinced.  Writing about Charles Dickens (1812–1870) novel Our Mutual Friend (1864-1865), he claimed the title was the source of the phrase in general speech, snobbily noting of it was the “old democratic and even uneducated Dickens who is writing here. The very title is illiterate. Any priggish pupil teacher could tell Dickens that there is no such phrase in English as 'our mutual friend'.  Anyone could tell Dickens that 'our mutual friend' means 'our reciprocal friend' and that 'our reciprocal friend' means nothing. If he had only had all the solemn advantages of academic learning (the absence of which in him was lamented by the Quarterly Review), he would have known better. He would have known that the correct phrase for a man known to two people is 'our common friend'."

The phrase in the English novel however pre-dated Dickens, Jane Austen (1775-1817) using it in both Emma (1816) and Persuasion (1818) and long before 1864, Mary Shelley (1797–1851), Sir Walter Scott (1771–1832), William Makepeace Thackeray (1811–1863), Herman Melville (1819–1891), James Fenimore Cooper (1789–1851) and Elizabeth Gaskell (1810–1865) all had “mutual friend” in their text.  Dickens, with the prominence afforded by the title and serialized in the press, doubtless popularized it and, as Chesterton well knew, literature anyway isn’t necessarily written in "common speech".  Whoever opened the floodgates, after 1864, mutual friends continued to flow, the writers George Orwell (1903-1950), Joseph Conrad (1857–1924), Jerome K Jerome (1859–1927), Rudyard Kipling (1865–1936), Mark Twain (1835-1910), Anthony Trollope (1815-1882), Henry James (1843–1916), Robert Louis Stevenson (1850–1894), Arthur Conan Doyle (1859–1930) and Church of England (broad faction) priest & historian Charles Kingsley (1819–1875) all content with "mutual friend" so those condemned by Chesterton are in good company.  The old snob probably did ponder if calling someone a “common friend” might create a misunderstanding but then, good with words, he’d probably avoid that by suggesting they were “rather common” or “a bit common" if that was what he wanted to convey, which not infrequently he often did.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.