Showing posts sorted by date for query Pragmatic. Sort by relevance Show all posts
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Saturday, March 21, 2026

Unrestricted

Unrestricted (pronounced uhn-ri-strik-tid)

(1) Not restricted or confined.

(2) In the classification of documents, having no security classification.

1766: The construct was un-+ restrict + -ed.  The un- prefix was from the Middle English un-, from the Old English un-, from the Proto-West Germanic un-, from the Proto-Germanic un-, from the primitive Indo-European n̥-.  It was cognate with the Scots un- & on-, the North Frisian ün-, the Saterland Frisian uun-, the West Frisian ûn- &  on-, the Dutch on-, the Low German un- & on-, the German un-, the Danish u-, the Swedish o-, the Norwegian u- and the Icelandic ó-.  It was (distantly) related to the Latin in- and the Ancient Greek ἀ- (a-), source of the English a-, the Modern Greek α- (a-) and the Sanskrit अ- (a-).  The verb restrict was in use by at least the 1530s in the sense of “to limit, bound, confine (someone or something), prevent from passing a certain limit in any kind of action” and was from the Latin restrictus, past participle of restringere (bind fast, restrain) and perfect passive participle of restringō (draw back tightly; restrain, restrict), the construct being re- (back, again) + stringō (press, tighten, compress); as an adjective, it was a doublet of ristretto. By the eighteenth century, the word had come to be regarded as a Scotticism but the infection spread quickly to Standard English.  As the past-participle adjective from restrict (in the sense of “limited, confined”), restricted has become associated with the classification of government documents, in the sense of “not for public release”, use seems not to have been routine until 1944 when a system of classification was codified by the US government.  Prior to that, although restrictions of distribution were common, concepts such as “Restricted to [names or designations]”, “Secret”, “Top Secret” etc were used but there was no standardization within departments or even between branches of the military.  When used as a suffix to form possessional adjectives from nouns, -ed was from the Middle English -ed, from the Old English -od (the adjectival suffix), from the Proto-Germanic -ōdaz, from the primitive Indo-European -ehtos.  It was cognate with the Latin -ātus. 

Glory road: A “Derestricted” sign in Australia's Northern Territory from the days of “no speed limits”.

In use, the older adjectival use was simply “restrict” and although “unrestricted” would seem an absolute (ie something either is restricted or it is not), dictionaries confirm the comparative is “more unrestricted” and the superlative “most unrestricted” although at least one style guide notes those forms can be regarded in a similar way as “very unique” (ie technically incorrect but widely used and well-understood.  The related adverb “restrictedly” was and remains rare.  In the US, well into the twentieth century, the appearance of the word “restricted” in advertisements, signage and such was verbal shorthand for (depending on context and location): “No Jews”, “No coloreds” etc.  Although the words “unrestricted” & “derestricted” describe similar states, different histories are implied and that’s a product of the ways in which the absence of restrictions came about.  Unrestricted means literally “no restrictions” (access to something or somewhere; rights to engage in trade etc).  “Derestricted” means that previously restrictions must have been imposed but those have since been removed.  The use applies to document classifications and in the now rare cases of roads with no speed limits (although some of those were something of a linguistic outlier because in many cases they never had any restrictions to be derestricted.  For obvious reasons, in English, “unrestricted” is the more commonly used form.  Unrestricted, unrestrictive & unrestrictable are adjectives, unrestrictedness is a noun and unrestrictedly is an adverb.

1978 Mercedes-Benz 450 SEL 6.9 on the Northern Territory's derestricted roads.  Although the factory only ever claimed 225 km/h (140 mph), top speed of UK-delivered “Euro spec” 6.9 (ie one not fitted with the power-sapping anti-emission devices fitted to those built for sale in the US or Australia) turned out to be a verified 237 km/h (147 mph) which reflected the experience of European testers who achieved 238 km/h (148 mph) on the German Autobahns.  Unexceptional now, in such pace was in the 1970s a reasonable achievement for a heavy cruiser with pre-modern aerodynamics; at high-speed, the fuel consumption was awe inspiring.    

Idealistic lawyers (they do exist) and others have for centuries argued it is the existence of and adherence to laws which makes possible civilized societies, the alternative often expressed as “the law of the jungle”, best understood in the vernacular “kill or be killed” world in which life of man was “solitary, poor, nasty, brutish, and short”, memorably described in Leviathan (1651) by the very clever and deliciously wicked English philosopher Thomas Hobbes (1588-1679).  However, what the lawyers, at least privately, acknowledge is the extent of adherence to laws closely is tied to (1) their enforcement and (2) a layered system of punishments for transgressions.  In domestic legal systems, this is comprehended as the apparatus extending from receiving a fine for overstaying one’s time at a parking meter to being hanged for murder; the existence of laws does not prevent crime but the perception of the chance of detection and the subsequent penalty for many operates as a deterrent and the debates about relationship between certain penalties and their deterrent effect continue.

Mahan's The Influence of Sea Power upon History 1660-1783.  In the last decade of the nineteenth century, probably no book was more read in palaces, chancelleries & admiralties.

In war, although usually the opposing sides have geo-political objectives, for those doing the fighting, historically the business was about killing each other and in practice that of course quickly and understandably came to imply “by whatever means possible” but for many centuries there have been conventions which form of “rules of war”, the most celebrated the various chivalric codes (codified during of the Middle Ages) which sought to regulate the behaviour of soldiers, particularly towards civilians.  However, as US Navy Captain Alfred Mahan (1840–1914) pointed out in the epoch-making The Influence of Sea Power upon History, 1660–1783 (1890), it’s impossible by mere agreement to outlaw the use of a militarily effective weapon so is it any more plausible for a statute, treaty or agreement to limit “mission creep” in the methods?  Whatever knightly codes may have existed, there seems little doubt that on the battlefield (or the towns subject to rape & pillage) habits do tend towards “unrestricted warfare”, military historians and legal theorists often pondering whether in “existential conflicts”, law reasonably can be expected to retain its intended force.

In what was a rhetorical flourish rather than a substantive legal point, in the dock before the IMT (International Military Tribunal) which in 1945-1946 sat in Nuremberg to try 22 of the surviving senior Nazis, Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) claimed to be quoting Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) in citing: “In the struggle for life and death there is in the end no legality.  Like William Shakespeare (1564–1616), a few phrases have been attributed to Churchill on the basis of “sounding Churchillian” and although there’s nothing in the record to support the case those exact words ever passed his lips, Göring’s paraphrase was not unreasonable.  After the fall of France in 1940, Churchill did make clear his view “there could be no justice if, in a mortal struggle, the aggressor tramples humanity while those resisting remain bound by violated conventions” by which he meant if the Nazis ignored international law, it was an absurdity for the Allies fully to remain constrained by it while fighting for their very survival.  Churchill was not advocating the rejection of established law as a principle; he was saying when a state faces the prospect of destruction at the hand of an enemy ignoring the accepted rules of war, strict legalism must not be allowed to prevent an effective defence.  That wasn’t a novel idea Churchill formed upon assuming the premiership.  Months earlier, when serving as First Lord of the Admiralty (minister for the navy), he’d discussed whether the UK should regard itself still restricted by the legal conventions Germany’s forces were ignoring: “The Germans have torn up the conventions and the usages of war.  We cannot allow ourselves to be bound by rules which the enemy does not observe if by doing so we place our country in mortal danger.”  While not exactly the words used by Göring in the dock, he captured the spirit of Churchill’s meaning.

Lindsay Lohan on the cover of Vogue Arabia, March 2026.  Among the topics raised in discussion about her not uneventful life was “…coming of age in the spotlight in a time of unrestricted paparazzi access and near-constant tabloid scrutiny.

Of course on 15 March 1946, borrowing the thoughts of …one of our greatest, most important, and toughest opponents…to support his argument modern, industrial, total war had rendered irrelevant traditional legal restraints, he was still harbouring the (faint) hope he might escape the noose and thus has a good motive in seeking to undermine the moral authority of the tribunal by suggesting even Churchill had acknowledged that in existential war, legal rules collapse.  This was not the construction of legal theory in the abstract, just as Churchill was explaining the pragmatic nature of military necessity because as he pointed out: “without victory there is no survival” and were the UK unilaterally to obey the rules while its opponents did not, the nation might lose the war.  Neither man ever sought to maintain that in war laws vanish, only that as demanded in extraordinary and reprehensible circumstances, they may need to be ignored.  Essentially, Churchill was asserting he wasn’t prepared to behave with the propriety of Caesar’s wife while Göring cavorted with Caesar’s whores; with that the Reichmarshall gleefully would have agreed and although his hopes the tribunal might find his paraphrased defence exculpatory were by then faint indeed, he still had an eye on the figure he hoped to cut in the history books.  

The doctrine of military necessity of course dates from the first time some prehistoric character picked up a stick or rock to gain tactical advantage in an argument and despite the various codes of warfare promulgated over millennia by philosophers, priests and politicians, that doctrine survived into the age of musketry and later, atomic bombs.  It’s the Prussian general and military theorist Carl von Clausewitz (1780–1831) who often is quoted because, with his commendable economy of phrase, succinctly he explained why necessity so often prevails over legality in existential war.  In On War (1832), he observed “War is an act of force, and there is no logical limit to the application of that force” and, anticipating the idealists, added: “Kind-hearted people might of course think there was some ingenious way to disarm or defeat an enemy without too much bloodshed… Pleasant as it sounds, it is a fallacy.  What Clausewitz called Kriegsräson (necessity in war) meant in practice was (1) war has an inherent tendency toward escalation, because each side must use whatever means are necessary to defeat the other and (2) “arms races” will tend to ensue.

Imperial Chancellor Theobald von Bethmann Hollweg in field uniform including the famous Prussian Pickelhaube (spiked helmet, the construct being Pickel (pimple, pickaxe) +‎ Haube (hood, cap)), Berlin, 1915.  Even when serving as chancellor (prime minister) von Bethmann Hollweg sometimes wore military uniform; Germans adore uniforms (note the jackboots).

Later in the century, German military jurists expressed this logic through the principle Kriegsräson geht vor Kriegsmanier (military necessity overrides the customary rules of war) by which they meant the laws and customs of war could be followed only to the extent adherence did not impose an unacceptable military cost; if survival (and in practice: “immediate advantage”) demanded those rules be violated, necessity prevails.  What was at the time the most outrageous admission of the application of the doctrine came in 1914 after Germany violated Belgium’s neutrality and was delivered by Theobald von Bethmann Hollweg (1856–1921) who between 1909-1917 served as one of a series of inadequate replacements of Otto von Bismarck (1815-1989; chancellor of the German Empire (the “Second Reich”) 1871-1890); imperial chancellor of the German Empire 1909-1917).  In what must remain among the more ill-advised statements delivered by a politician, von Bethmann Hollweg on 4 August 1914 stood in the Reichstag (lower house of the imperial parliament) and explained to assembled members the German war-plan required the army marching Belgium to attack France and that Germany being a signatory to the Treaty of London (1839) which guaranteed Belgium’s neutrality had been rendered irrelevant by military necessity, the always quoted passage being: “We are violating international law, but necessity knows no law.  Not all historians agree Realpolitik held a greater fascination for Germans than others but for students of the art, the chancellor’s speech appears in just about every text-book on the subject.  Warming to his theme, when the British ambassador to Germany protested the violation, von Bethmann Hollweg responded it would be an absurdity were Britain to go to war “just for a scrap of paper” (that scrap being the treaty the Germans had in 1839 signed as co-guarantors of Belgian neutrality).  That cynical turn of phrase was echoed a generation later when, under cross-examination in the dock at Nuremberg, Göring almost gloatingly admitted he and the other leading Nazis had regarded the many treaties they’d signed as “just so much toilet paper.

Like many a defendant, the defrocked Reichmarshall was at times evasive or dissembling but on the matter of the regime’s attitude to treaties, he was truthful.  A highlight of the 50th birthday celebration for Joachim von Ribbentrop (1893–1946; Minister of Foreign Affairs of Nazi Germany 1938-1945) had been the presentation to the minister of a diamond-studded casket containing facsimiles of all the treaties he had signed during (his admittedly busy if not productive) tenure.  When one of his aides remarked that there were only “a few treaties we had not broken”, Ribbentrop was briefly uncertain how to react until he saw “…Hitler’s eyes filled with tears of laughter.  It was said to be a good party which must have been welcome because by 1943 there wasn't much to celebrate in Berlin.  Like Göring, Ribbentrop, was convicted on all four counts (planning aggressive war, waging aggressive war, war crimes & crimes against humanity) and sentenced to be hanged; his life did end on the gallows, unlike Göring who, in circumstances never explained, cheated the hangman by taking poison.


Periscope cam: Footage of USN submarine strike on the Iranian Navy’s frigate IRIS Dena (released by the Pentagon (unclassified)).

One of the intriguing legal matters explored before the IMT was the matter of the lawfulness of “unrestricted submarine warfare” and those discussions were recalled when, early in March, 2026, the Pentagon announced a USN (US Navy) submarine had torpedoed and sunk the Iranian Navy’s IRIS Dena (a Moudge-class frigate) with the loss of more than half the ship’s compliment of 130-odd.  Pete Hegseth (b 1980; US Secretary of Defense (and War) since 2025) described the act as one of “quiet death” although that was a reference to the torpedo’s stealthy approach rather than the explosions which doomed ship and crew.  It was the USN’s first sinking of an enemy warship by torpedo since World War II (1939-1945) and because (1) the US and Iran undeniably are in a “state of armed conflict” (any legal distinction between that and “war” as traditionally defined ceasing decades earlier much to matter), (2) the Dena was a warship and (3) the action took place in international waters, the attack doubtlessly was within the rules of war and the reaction of Tehran in branding it an “atrocity at sea” was a political rather than legal claim.

Defendants in the dock, Nuremberg, 1946.  All were guilty of something and a dozen were sentenced to be hanged (including one in absentia) but the IMT acquitted three who subsequently were prosecuted by German courts.

What however remains of interest is the recent change in tactics by the US which now uses military-level missiles to target and sink what appear to be civilian vessels from Central America, the White House claiming the boats are being used to smuggle narcotics.  When considering the lawfulness of “unrestricted submarine warfare”, the IMT in 1946 held that while international law did limit the conduct of navies in their interactions with non-military (ie merchant craft, fishing boats etc) vessels, because the British merchantmen were from the beginning of the war armed and captains had been ordered by the Admiralty to if possible ram U-boats, they were not entitled to the warning provisions of the protocol.  Beyond that, with reference to the failure on the part of German U-boat (submarine) commanders to rescue their shipwrecked victims, the tribunal observed:

The evidence further shows that the rescue provisions [of the Protocol] were not carried out and that the defendant [Großadmiral Karl Dönitz (1891–1980; head of the German Navy 1943-1945, German head of state 1945)] ordered that they not be carried out.  The argument of the defense is that the security of the submarine is, as the first rule of the sea, paramount to rescue and that the development of aircraft made rescue impossible.  This may be so, but the Protocol is explicit.  If the commander cannot rescue, then under its terms he cannot sink a merchant vessel and should allow it to pass harmless before his periscope.  These orders, then, prove Doenitz is guilty of a violation of the Protocol.  Had the judgement at that point ended the legal position would have been clear in that having at least tacitly conceded the defense’s point that rescue was no longer practicable in light of the limitations of the submarine and modern technological developments, the use of submarines as commerce destroyers would have been deemed against international law.  However Doenitz’s counsel introduced evidence (including affidavits from Allied admirals) that the USN & Royal Navy had from the outbreak of hostilities also practiced the “unrestricted submarine warfare” of which the Germans were being accused and this was not a classic Tu quoque gambit (in international law, a justification of action based on an assertion that the act with which the accused is charged was also committed by the accusing parties.  It was from the Latin Tū quoque (translated literally as “thou also” and latterly as “you also”; the translation in the vernacular is something like “you did it too”, thus the legal slang “youtooism” & “whataboutyouism”)).  What counsel argued was that in practicing “unrestricted submarine warfare”, all navies were acting in accordance with international law because such law makes sense only if it is cognizant of the prevailing circumstances (ie reality).  The IMT’s judgement in the Doenitz case was difficult to read (it was only later it was revealed to have been written by a judge who voted for his acquittal) but what it said was (1) the defendant had violated the protocols which were the rules of international law as they at the time stood but (2) the nature of total war had so changed the reality of war at sea that those protocols were no longer law, rendered obsolete and thus defunct.  That was as close as the tribunal came to allowing a tu quoque defense.

Unclassified footage released by the Pentagon of one of dozens of strikes on alleged “narco-terrorist” boats by US Southern Command.  The video included a message from Secretary of War Pete Hegseth: “TO ALL NARCO-TERRORISTS WHO THREATEN OUT HOMELAND - IF YOU WANT TO STAY ALIVE, STOP TRAFFICKING DRUGS.”  As far as is known, in all cases of these strikes, all on board the boats were killed.

So, while the US military (and for this purpose that includes the Coast Guard, National Guard etc) have a free hand to attack on the high seas warships of a hostile combatant, does the doctrine of “unrestricted warfare” extend to civilian vessels allegedly being used for unlawful activities?  Legal scholars have explored this novel development (something genuinely new and introduced during the second administration of Donald Trump (b 1946; US president 2017-2021 and since 2025)) and the consensus seems to be sinking manned civilian vessel with missiles as an instance in peacetime law enforcement is of dubious legality unless strict conditions are met.  The first thing to consider is whether it’s a matter of (1) peacetime law enforcement in international waters (something governed by the UNCLOS (United Nations Convention on the Law of the Sea)), customary international law and any bilateral interdiction agreements and thus a criminal matter rather than an act of war or (2) armed conflict at sea (and thus coming under the laws of naval warfare) which depends of a “state of armed conflict” existing between sovereign states.

However, whichever is held to be operative, as a general principle, civilian vessels are protected from missile attacks and enjoy freedom of navigation (certainly on the high seas); forces from warships may board, inspect, and arrest, but not arbitrarily destroy and under the UNCLOS there are explicit provisions under which a warship can stop a vessel suspected of statelessness or certain crimes but use of force must be necessary and proportionate.  Conceptionally, the notion of “proportionality” is little different from what is the domestic law of many states concerning matters such as self-defense: (1) there is no reasonable alternative and (2) force must not exceed what is needed to achieve a lawful objective.  Because these are events happening “on the water” there are also “graduations” in the use of force which are unique to the nautical environment including signals and warnings, maneuvering to compel a stop, warning shots (the classic “shot across the bows”) and disabling fire.  When civilian vessels are involved, historically, only in extremis (presenting a clear & present threat) would lethal force be deemed appropriate.  In other words, using missiles, without warning, to sink a civilian vessel would, in the context of law enforcement, be thought “disproportionate” especially if the crew’s lives are put at serious risk (inherent in missile attacks).  That’s all based on the precept that whether on land or at sea, states are expected to respect the right to life under international human rights law.  Because the adoption of this technique was so sudden, legal theorists are still working through the implications but it would appear an extension of the concept of “unrestricted warfare” beyond military targets.

Saturday, February 7, 2026

Condign

Condign (pronounced kuhn-dahyn)

(1) Well-deserved; fitting; suitable; appropriate; adequate (usually now of punishments).

(2) As condign merit (meritum de condign), a concept in Roman Catholic theology signifying a goodness that has been bestowed because of the actions of that person

(3) As “Project Condign”, a (now de-classified) top-secret study into UFOs (unidentified flying objects, known also as UAPs (unidentified aerial phenomenon)) undertaken by the UK government's Defence Intelligence Staff between 1997-2000.

1375–1425: From the late Middle English condign, & condigne (well-deserved, merited) from the Anglo-French, from the Old French condign (deserved, appropriate, equal in wealth), from the Latin condignus (wholly worthy), the construct being con- + dignus (worthy; dignity), from the primitive from Indo-European root dek- (to take, accept).  .  The Latin con- was from the Proto-Italic kom- and was related to the preposition cum (with).  In Latin, the prefix was used in compounds (1) to indicate a being or bringing together of several objects and (2) to indicate the completeness, perfecting of any act, and thus gives intensity to the signification of the simple word.  It's believed the UK's MoD (Ministry of Defence) chose “Project Condign” as the name for its enquiry into UFOs (1) because (1) the military like code names which provide no obvious clue about the nature of the matter(s) involved and (2) in the abstract, it conveyed the notion the investigation would provide a measured, proportionate, and sober assessment of the issue (ie a response commensurate with the evidence, not an endorsement of unsubstantiated speculation or explanations delving into the extra-terrestrial or supernatural).  Condign is an adjective, condignity & condignness are nouns and condignly is an adverb; the noun plural is condignities.

In Middle English, condign was used of rewards as well as punishment, censure etc, but by circa 1700 it had come to be applied almost exclusively of punishments, usually in the sense of “deservedly severe”.  Thus used approvingly, the adjectival comparative was “more condign”, the “superlative “most condign”.  That means the synonyms included “fitting”, “appropriate”, “deserved”, “just”, “merited” etc with the antonyms being “excessive”, “inappropriate” & “undeserved”, the latter set expressed by the negative incondign.  However, a phenomenon in the language is that words which have, since their use in Middle English, undergone a meaning shift so complete as to render the original meaning obsolete, can in ecclesiastical use retain the original sense.  In the theology of the Roman Catholic Church, meritum de condigno (condign merit) is that due to a person for some good they have done.  As a general principle, it’s held to be applied to “merit before God”, the Almighty binding Himself, as it were, to reward those who do his will; a kind of holy version of social contract theory.  Among the more simple aspects of Christian theology, the conditions for condign merit are: (1) holding oneself in a state of grace and (2) performing morally good actions.  Not transferable, the beneficiary can be only the person who performs the good act with condign merit based on the revealed fact that God has promised such a reward and as a reward it’s accumulative, each individual condignly meriting an increase of the virtue of faith by every act of faith performed in the state of grace.

Pragmatic parish priests probably are inclined to explain condign merit as a way of encouraging kindness to others (linking it to the notion of “do unto others as you would have them do unto you” which is the essence of the Christian morality) but the theologians stress the significance of meritum de condign is it refers to merit based on justice rather than mere generosity of spirit.  It seems a fine distinction and doubtless is, both to doer of deed and beneficiary but, because the act is performed in a state of grace and is proportionate by God’s own ordinance to the reward promised, it’s a genuine claim based on justice, God rewarding such acts not out of mere benevolence but because freely He has so bound himself.

Project Condign: Unidentified Aerial Phenomena in the UK Air Defence Region (in three volumes).  It turns out they're not out there.

The theologians manage to add layers by stressing meritum de condign can apply only to an individual in a state of grace (and thus justified and acting under sanctifying grace); without grace, no strictly meritorious claim on God is possible.  God may still be generous, but the reward will be granted under another head of power.  Additionally, the act must freely be performed and motivated by charity (love of God); mere kindness in the absence of this love not reaching the threshold.  Unusually, the reward of condign merit is by virtue of a Divine promise, the “justice” not “natural” but “covenantal”, God having imposed upon himself the obligation of reward, therefore it would be incongruum (from the Latin, an inflection of incongruus (inconsistent, incongruous, unsuitable)) for him not to do so and unlike the state in the social contract, God regards Himself truly as bound and the proportion is by divine ordination (ie the proportion between act and reward exists only because God has established it; it is not intrinsic to the act itself.

In certain aspects, the comparison with later legal traditions is quite striking.  Condign merit can apply variously to (1) an increase in charity, (2) an increase of sanctifying grace and (3) heavenly glory (eternal life), insofar as it is the consummation of grace already possessed but crucially, even condign merit presupposes grace entirely: the grace that enables the act is itself unmerited.  In other words, God and the church expect a certain basic adherence and this alone is not enough to deserve condign merit.  The companion term is meritum de congruo (congruous merit) in which a fitting or appropriate reward may be granted but that will be based on God’s generosity rather than being the self-imposed obligation that is condign merit.  If searching for a metaphor, condign merit may be imagined as something given according to a salutatory schedule while congruous merit is more like an ex gratia (a learned borrowing from Latin ex grātiā (literally “out of grace”)) payment (a thing not legally required but given voluntarily).

Santo Tomás de Aquino (Saint Thomas Aquinas, 1476) ,egg tempera on poplar panel by Carlo Crivelli (circa 1430-circa 1495) in a style typical of religious portraiture at at time when some Renaissance painters were still much influenced by late Gothic decorative sensibility.  This piece was from the upper tier of a polyptych (multi-panelled altarpiece) which Crivelli in 1476 completed for the high altar of the church of San Domenico, Ascoli Piceno in the Italian Marche.

Even among the devotional, in the twenty-first century all that may sound mystical or a tiresome theological point but there was a time in Europe when many much were concerned about avoiding Hell and going to Heaven with the Medieval church was there to explain the rules and mechanisms.  The carefully crafted distinction was made by the Italian Dominican friar, philosopher & theologian Saint Thomas Aquinas (1225–1274) in the Summa Theologiae (Summary of Theology, a work still unfinished by the time of the author’s death) and re-affirmed, essentially unaltered, during Session VI (Decree on Justification) of the Council of Trent (1545-1563).  In modern practice, priests don’t much bother their flock with Aquinas’s finely honed thoughts and instead exhort them to acts of kindness, rather than dwelling too much on abstractions like whether God will reward them by virtue of obligation or generosity, the important message being the Almighty remains sole source of both grace and reward, thus the importance to keep in a state of grace with him.

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

So while it has always implied “deserved”, Roman Catholic theologians thus still use “condign” in the context of a “reward for goodness” but in secular use it has for centuries been associated only with punishment and, the more fitting the sentence, the more condign it’s said to be.  As Christianity in the twentieth century began its retreat from Christendom, condign became a rare word and some now list it as archaic although as late as 1926, in A Dictionary of Modern English Usage, Henry Fowler (1858–1933), no great friend of “decorative words and elegant variations” though it still worth a descriptive (and cautionary entry: “Condign meant originally ‘deserved’ and could be used in many contexts, with praise for instance as well as with punishment.  It is now used only with words equivalent to ‘punishment’, and means deservedly severe, the severity being the important point, and the desert merely a condition of the appropriateness of the word; that it is an indispensable condition, however, is shown by the absurd effect of: ‘Count Zeppelin’s marvellous voyage through the air has ended in condign disaster’”.

Boris Johnson (right) handling a prize bull (left), Darnford Farm, Banchory, Scotland September, 2019.

Quite what old Henry Fowler would have made of the way the language of Shakespeare and Milton is used on social media and the like easily can be imagined but he’d have been heartened to learn the odd erudite soul still finds a way to splice something like “condign” into the conversation.  One, predictably, was that scholar of Ancient Greek, Boris Johnson (b 1964; UK prime-minister 2019-2022) who, during his tumultuous premiership, needed to rise from his place in the House of Commons to tell honourable members that the withdrawal of the Tory Party whip (“withdrawal of the party whip” a mechanism whereby a MP (Member of Parliament) is no longer recognised as a member of their parliamentary party, even though in some cases they continue for most purposes to belong to the party outside the parliament) from a member accused of sexual misconduct was “condign punishment”.

Mr Johnson was commenting on the case of Rob Roberts (b 1979; MP for Delyn 2019-2024) and while scandal is nothing novel in the House of Commons (and as the matter of Lord Peter "Mandy" Mandelson (b 1953) illustrates, nor is it in the upper house), aspects of the Roberts case were unusual.  In 2021, an independent panel, having found Mr Roberts sexually had harassed a member of his staff recommended he should be suspended from parliament for six weeks.  The panel found he’d committed a “serious and persistent breach of the parliament’s sexual misconduct policy” and although the MP had taken “positive steps”, he’d demonstrated only “limited insight into the nature of his misconduct”, the conclusion being there remained concerns “he does not yet fully understand the significance of his behaviour or the full nature and extent of his wrongdoing.  Politicians sexually harassing their staff is now so frequent as to be unremarkable but what attracted some interest was that intriguingly, Mr Roberts had identified the problem and it turned out to be the complainant.  When alone together in a car on a constituency visit, the MP had said to him: “I find you very attractive and alluring and I need you to make attempts to be less alluring in the office because it's becoming very difficult for me.  So it was Mr Roberts who really was the victim and the complainant clearly made an insufficient effort to become “less alluring” because the MP later told the man the advance he had made in the car was “something I would like to pursue, and if you would like to pursue that too it would make me very happy”.  From there, things got worse for the victim (in the sense of the complainant, not the politician).

Official portrait of Rob Roberts, the former honourable member for Delyn.

Mr Roberts had “come out” as gay after 15 years of marriage, the panel noting he’d been “going through several challenges and significant changes in his personal life”, adding these “do not excuse his sexual misconduct”.  Despite his announcement, he also propositioned young female staff members (perhaps he should have “come out” as bisexual), suggesting to one they might: “fool around with no strings”, assuring her that while he “…might be gay… I enjoy … fun times”. In April 2021 the Conservative (Tory) Party had announced that the MP had been "strongly rebuked", but would not lose the whip. Apparently, at the time, it was thought sufficiently condign for him to “undertake safeguarding and social media protection training”.  The next month however, the panel handed down its recommendations and he was “suspended from the services of the house for six weeks”, subsequently losing the Tory whip and had his party membership suspended.  In a confusing coda, after (controversially) returning to the Commons in July 2021, he was re-admitted to the party in October 2021 but was denied the whip, requiring him to sit as an independent until the end of his term.  In the 2024 general election, he stood as an independent candidate in the new constituency of Clwyd East, coming last with 599 votes and losing his deposit.  Privately as well as politically, life for Mr Roberts has been discursive.  After in May 2020 tweeting he was gay and separating from his wife, in 2023, he re-married.

The word even got a run on Rupert Murdoch’s (b 1931) Fox News, an outlet noted more for short sentences, punchy words and repetition than words verging on the archaic but on what the site admitted was a “slow news day”, took the opportunity to skewer Jay Robert “J.B. Pritzker (b 1965, (Democratic Party governor of US state of Illinois since 2019), noting the part the wealth of the “billionaire heir to the Hyatt hotels fortune” had played in defeating a Republican opponent (it couldn’t resist adding that “money in politics” was something crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) “could tell you more about”).  Fox News’s conclusion was “…the shamelessness and even braggadocio with which Pritzker sought to buy the governorship could be a harbinger of things to come.  But, we suppose, having to serve as governor of Illinois is condign punishment for the offense…

In happier times: But wherever he is in the world, he remains my best pal!  Mandy’s (pictured here in dressing gown, tête-à-tête with Jeffrey Epstein) entry in the now infamous "birthday book", assembled for the latter’s 50th birthday in 2003.

The matter of condign punishment has in Westminster of late been much discussed because of revelations of the squalid behaviour of Mandy and his dealings with convicted sex offender Jeffrey Epstein (1953–2019).  Undisputedly, one of politics great networkers, Mandy’s long career in the Labour Party was noted not for any great contribution to national life (although he did good work in the project which was "New Labour" but whether he now should regard that a proud boast or admission of guilt he must decide) or achievements in policy development but blatant self-interest, conflicts of interest and repeated recovery from scandal; twice he was forced to resign from cabinet because of matters classed as “conflict of interest” and his whole adult life has been characterized by seeking association with rich men who, for whatever reason, seem to become anxious to indulge his desire to receive generous hospitality and large sums of cash.  Sir Tony Blair (b 1953; UK prime-minister 1997-2007), clearly seeing talent where many others did not, was most forgiving of Mandy’s foibles, twice re-appointing him to cabinet after decided a longer exile would be most incondign and famously once observed his "mission to transform the Labour party would not be complete until it had learned to love Peter Mandelson."  Even Gordon Brown (b 1951; UK prime-minister 2007-2010) who is believed to have existed in a state of mutual loathing with Mandy, was by 2008 in such dire political straits he brought him back to cabinet, solving the problem of finding a winnable seat in the Commons by appointing him to the upper chamber, the House of Lords.  While the presence of the disreputable in the Lords has a tradition dating back centuries, it was thought a sign of the times that Brown “ennobling a grub like Mandelson” to take a seat in the house, where once sat Wellington, Palmerston and Curzon, attracted barely an objection, so jaded by sleaze had the British public become.

Still, even by the standards of Mandy’s troubled past, what emerged from the documents released by the US DoJ (Department of Justice) was shocking.  Not only did it emerge Mandy had lied about the extent of his connections with Epstein but it became clear they had, despite his repeated denials, continued long after Epstein’s 2008 conviction in Florida on charges of soliciting and procuring a minor for prostitution for which he received an 18 month sentence.  So well connected in the Masonic-like UK Labour party was Mandy (and there have been amusing theories about how he has maintained this influence), it might have been possible to stage yet another comeback from that embarrassment but his life got worse when it was revealed large sums of cash had been passed to him (or the partner who later became his husband) by Epstein, transactions made more interesting still when it emerged Mandy appears to have sent to Epstein classified files to which he gained access by virtue of being a member of cabinet.  More remarkable still was Mandy, while a cabinet minister, appearing to operate as a kind of lobbyist in matter of interest to what was described as: “Mr Epstein and his powerful banking friends”.

In happier times, left to right: Tony Blair, Gordon Blair & Mandy (left) and the mean girls: Karen Smith (Amanda Seyfried, b 1985), Gretchen Wieners (Lacey Chabert, b 1982) & Regina George (Rachel McAdams, b 1978) (right).

In the early 1990s, detesting the Tory government, the press were fawning in their admiration and dubbed the New Labour trio "the three musketeers" but they came also to be called: "the good, the bad and the ugly, a collective moniker which may be generous to at least one of them.  There is no truth in the rumor the threesome provided the template for the personalities of the "plastics" in Mean Girls (2004, right) although the idea is tempting because both photographs can be deconstructed thus: Tony & Karen (sincere, well meaning, a bit naïve); Gordon & Gretchen (insecure, desperately wanting to be liked) and Mandy & Regina (evil and manipulative). 

All this was revealed in E-mail exchanges during the GFC (Global Financial Crisis) which unfolded between 2008-2012 after the demise of US financial services firm Lehman Brothers (1850-2008), Mandy giving Epstein “advance notice” the EU (European Union (1993)), the multi-national aggregation which evolved from the EEC (European Economic Community), the Zollverein formed in 1957) would be providing (ie “creating”) a €500bn “bailout” to prevent the collapse of the Euro (the currency used by a number of EU states).  Those familiar with trading on the forex (foreign exchange) markets will appreciate the value of such secret information and, given the trade in global currency dwarfs that in equities, commodities and such, the numbers (and thus the profits and losses) are big.  Pleasingly, in the manner commercial arrangements often are, it was a two-way trade, representations to the UK and US Treasuries arranged in both directions.

Mandy also acted as Epstein’s advisor about “back channel” ways to influence government policy (ie the government of which he was at the time serving in cabinet) and political scientists probably would concede his advice was sage; he suggested to Epstein he should arrange for the chairman of investment bank J.P. Morgan to “mildly threaten” the UK’s chancellor of the exchequer (the finance minister).  What a cabinet minister is by convention (and implied in various statures) obliged to do is promote and defend government policy while assisting in its execution; should they not agree with that policy, they must resign from government.  Clearly, Mandy decided what is called “cabinet solidarity” was a tiresome inconvenience and in an attempt to change cabinet’s policy on a bankers’ bonus tax, made his suggestion which Mr Epstein must have followed because J.P. Morgan’s Jamie Dimon (b 1956; chairman and CEO (chief executive officer) of JPMorgan Chase since 2006) indeed did raise the matter with the chancellor although opinions might differ on whether what he said could be classed as “mildly threatening”.  In his memoir, Alistair Darling (1953–2023; UK Chancellor of the Exchequer 2007-2010) described a telephone call from Mr Dimon and recalled the banker was “very, very angry” about the plan, arguing “..his bank bought a lot of UK debt and he wondered if that was now such a good idea.  I pointed out that they bought our debt because it was a good business deal for them.  He went on to say they were thinking of building a new office in London, but they had to reconsider that now.  The lobbying didn’t change the chancellor’s mind and the bonus tax was imposed as planned.  Mandy can’t be blamed for that; he did his bit.

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

Probably the most amusing of Mandy’s reactions to the revelations about his past related to payments he received from Epstein in 2003-2004 (US$75,000 to Mandy and Stg£10,000 to his partner Reinaldo Avila da Silva (the couple married in 2023)).  When late in January, 2026 he resigned from the Labour Party (it’s believed he’d been “tapped on the shoulder” and told he’d be expelled if no letter of resignation promptly was received), he used the usual line adopted these circumstances, saying he wished to spare the party “further embarrassment” and added: “Allegations which I believe to be false that he made financial payments to me 20 years ago, and of which I have no record or recollection, need investigating by me.  Few seemed to find plausible a man who has such a history of “money grubbing” could fail to recall US$75,000 suddenly being added to his bank balance and, unfortunately for Mandy, various authorities have decided the matters “need investigating by them”. 

In happier times: Mandy (left) with Sir Keir Starmer (right).

One who seems to be taking the betrayals personally is Sir Keir Starmer (b 1962; prime-minister of the UK since 2024) who appointed Mandy as the UK’s ambassador to the US, the prime minister making clear his outrage at the lies Mandy (more than once) told him and his staff during the (clearly inadequate) vetting process.  In one of his more truculent speeches, Sir Keir contrasting himself with Mandy, pointing out that while he’d come late to politics and entered the nasty business with the intention of trying to improve the country, he contrasted that high aim with the long career of Mandy who, it had become clear, viewed “climbing the greasy” pole of public office as a device for personal enrichment.  Hell hath no fury like a prime minister lied to.  Mandy has already resigned his seat in the Lords (now something separate from his possession of the life peerage conferred by Gordon Brown) although, all things considered, that probably was one of history’s less necessary letters.  However, as well as referring his allegedly nefarious conduct to the police and other investigative bodies, the government is said to be drafting legislation to eject Mandy from the Lords and strip him of his noble title: Lord Mandelson.  Given that over the past century odd members of the Lords have been jailed for conduct such as murder, perjury and what was in the statute of 1553 during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) called “the detestable and abominable vice of buggery” yet not been stripped of their titles, the act will be a bit of a novelty but constitutional experts agree it’s within the competence of parliament, needing only the concurrence of both houses. Not since the passage of the Titles Deprivation Act (1917) have peerages been stripped and that statutory removal happened in the unusual circumstances of World War I (1914-1918) when it was thought the notion of Germans and Austrians holding British titles of nobility was not appropriate though it was a measure of the way the establishment resists change that the war had been raging three years before the act finally received royal assent.

The irony of a gay man becoming entangled in the scandals surrounding a convicted child sex trafficker who allegedly supplied men with girls younger than the age of consent has been noted, some dwelling on that with unseemly relish; it was with both enthusiasm and and obvious relief that members of the Labour Party felt finally free to tell journalists (or anyone else who asked) just what they really thought of Mandy, their previously repressed views views tending to a thumbnail sketch which could be précised as: evil and manipulative.  More generally, although it was the English common law which did so much to establish the principle of “innocent until proven guilty”, in parliament and beyond, the consensus seems already reached that Mandy is “guilty as sin”; it’s a question of to what extent and what’s to be done about it.  That will play out but what may happen sooner is that Sir Keir could be the latest of the many victims of Mandy's machinations over the decades.  For matters unrelated to Mandy, the prime minister had anyway been having a rugged time in the polls and on the floor of the house and all that that has thus far ensured the survival of his leadership is thought to be (1) the lack of an obvious contender in the Labour Party and (2) the ineptitude of the Tory opposition, the talents of its MPs now thought to be as low as at any time in living memory.  Sadly, when discussing the travails of Sir Keir, it notable how many commentators have described him with terms like "decent", "integrity" and "honorable" (not qualities much associated with Mandy) but it remains unclear if the prime minister's commendable virtues will prove enough for his leadership to survive in the clatter of one of the moral panics the English do so well.  Over the thirty-odd years, quite often the Labour Party apparatchiks have had to ponder: “What are we going to do about Mandy?” but this time it’s serious and there will be much effort devoted to combining “damage limitation” with what the baying mob will judge at least adequately condign.

Saturday, January 31, 2026

Palinode

Palinode (pronounced pal-uh-nohd)

(1) A poem in which the poet retracts something said in an earlier poem.

(2) A recantation (used loosely and now rare).

(3) In Scots law, a recantation of a defamatory statement.

1590–1600: From the sixteenth century French palinode (poetical recantation, poem in which the poet retracts invective contained in a former satire), from the Middle French palinode, from the Late Latin palinōdia (palinode, recantation), from the Ancient Greek παλινῳδία (palinōidía) (poetic retraction), the construct being πάλιν (pálin) (again, back) + ᾠδή (ōid) (ode, song) + -ia (from the Latin -ia and the Ancient Greek -ία (-ía) & -εια (-eia), which form abstract nouns of feminine gender.  It was used when names of countries, diseases, species etc and occasionally collections of stuff).  The alternative form palinody is obsolete.  Palinode & palinodist are nouns, palinodial, palinodical & palinodic are adjectives and palinodically is a (non-standard) adverb; the noun plural is palinodes).

Although the palinode is now usually defined as meaning “a poem in which the palinodist (ie the poet) retracts something said in an earlier poem”, the French in the sixteenth century seem mostly to have use the word of works in which the writer “retracts invective contained in a former satire”.  It thus had an obviously political slant and it seems likely at least some palinodes were penned to stave of threats of legal action (or something worse).  Although it endures in literary use (and among political scientists with a feeling for classical forms), the word has long been obscure and the OED (Oxford English Dictionary) lists the adjective palinodical as obsolete with its only known instance of use dating from 1602 when it appeared in a work by the English poet, playwright and pamphleteer Thomas Dekker (circa 1572-1632).  The “other” species of palinode was the “ode to Sarah Palin” (b 1964; Republican nominee for VPOTUS 2008) of which there were several including some set to music.

The palinode became associated with poetry because verse (in one form or another) was once a more common form of written expression.  It has however been applied to any retraction or recantation (formal or otherwise), especially one that publicly withdraws an earlier statement, belief or work.  For reasons of ecclesiastical practice, theological palinodes tended to be in verse but there were exceptions including by John Milton (1608–1674) who in The Reason of Church-Government (1642) retracted his earlier advocacy of episcopacy (the bishops and their role), acknowledging his views had changed; for years it remained a rare example of its type.  Beyond poetry proper, use has been quite loose and memorable palinodes have been political, scientific and literary, some especially of the latter described variously as “insincere”, “back-handed” or “bitchy”.  Much of their charm lies in some retractions becoming famous while the original text doubtlessly would have been forgotten were it not for the palinode.

The Death of Socrates (1787), oil on canvas by Jacques-Louis David (1748–1825), Metropolitan Museum of Art, New York City.  Had Socrates just dashed off a palinode, maybe he'd never have had to take his dish of hemlock.

The archetypal palinode dates from the sixth century BC and it set the template.  According to legend, the Greek lyric poet Stesichorus (Στησίχορος, circa 630–555 BC) blamed Helen of Troy for the Trojan War and almost at once was struck blind.  He then composed a (“it was not true…”) palinode absolving Helen of guilt, the words of the encomium (praise, eulogy) said to have come to him in a dream.  His sight was restored, thus the understanding the use of the device as a means of undoing moral or divine offense.  The texts from Antiquity have of course survived only in fragmentary form but clearly there were palinodes, Plato (circa 427-348 BC) in his Phaedrus (a dialogue between Socrates (circa 470–399 BC) and Phaedrus (circa 444–393 BC)) he recounted how Socrates first delivers a speech condemning love, then explicitly retracts it with a second passage praising divine madness and erotic love.  Plato explicitly called the second speech “a palinode”, making it one of philosophy’s earliest known self-conscious retractions and, it has to be admitted, only those for whom martyrdom is a calling would think it not preferable to taking hemlock.

Geoffrey Chaucer (circa 1344-1400), right at the end of The Canterbury Tales (1387-1400), as a formal retraction, disowned those earlier passages he had come to think sinful or frivolous and begged forgiveness for having written them.  It's considered one of Medieval literature’s most explicit and sincere palinodes and presumably he also asked God and at least one priest for absolution for those unworthy thoughts, this likely the course of action taken also by the English journalist Malcolm Muggeridge (1903–1990) who wrote long pieces disavowing earlier having welcomed communism and opposed censorship.  One long-established tradition (transgress with enthusiasm in youth; reform with piety as one contemplates mortality) is a movement owing much to Saint Augustine of Hippo (354–430) who in Confessiones (Confessions, 397-400) wrote: Da mihi castitatem et continentiam, sed noli modo (Lord, give me chastity and continence, but not yet), an exemplar of that school of the palinodic being George W Bush (George XLIII, b 1946; POTUS 2001-2009) who abandoned whiskey and much else.  As he might have put it in a Bushism”: I spent my youth misunfortunatistically.  The whole “born-again” movement in Christianity seems often something of a life lived palinodically.

Galileo before the Holy Office (1847), oil on canvas by Joseph-Nicolas Robert-Fleury (1797-1890).

The element “Holy Office” was first applied to the official designation for the Inquisition during the thirteenth century and after that there were a number of variant constructions before in 1965, it was renamed the Congregation for the Doctrine of the Faith (CDF), the most famous of the latter-day inquisitors being Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) who, with some relish, discharged the role between 1981-2005.  Since 2022, the Inquisition has been styled the Dicastery for the Doctrine of the Faith (DDF).  Coincidentally, DDF is also the acronym for “drug & disease free” and (in gaming) “Doom definition file” while there’s also the DDF Network which is an aggregator of pornography content.  The Holy See may be aware of these uses but probably takes the view the target markets are different and, given the DDF Network appears not to offer any “gay male” content, if one author’s conclusions are accepted, the site is unlikely often to be accessed by priests, bishops, cardinals and such.

Some palinodes have become among the more famous statements made by an accused before a court.  Under courts run by the Nazis and the Soviet Union they were of course legion (the scripts often written by the prosecutors) but the most famous was probably the retraction the Roman Inquisition in 1633 extracted from the Italian physicist and pioneering astronomer Galileo Galilei (1564–1642); under threat of torture (words to be taken seriously if from the lips of an inquisitor), he abjured his support for heliocentrism; the defendant's legendary mutter: “Eppur si muove” (although it does move) almost certainly apocryphal.  After that, palinodes came thick and fast, the Swiss philosopher Jean-Jacques Rousseau (1712–1778) in Les Confessions (Confessions of Jean-Jacques Rousseau (1770, published 1782)) not only his retracted many of his earlier stances (especially in matters of religion and education) but did so repeatedly, sometimes in the same chapter.  More than a decade in the writing, Les Confessions functions as something of a “rolling palinode”, his intellectual past constantly revised.  More nuanced in this approach was the English naturalist Charles Darwin (1809-1882) who, in later editions of On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life (1859), toned down or even withdrew some claims regarding human evolution and teleology.  These revisions can be considered “partial palinodes” but they were really merely a reflection of the modern scientific method which updates theories as new evidence emerges; a matter of correct intellectual caution.

Agitprop poster of comrade Stalin (1878-1953; Soviet leader 1924-1953, left) greeting comrade Trofim Lysenko (1898-1976, right).  The Russian slogan (РАБОТАТЬ ТАК, ЧТОБЫ ТОВАРИЩ СТАЛИН СПАСИБО СКАЗАЛ!) translates best as “Work in such a way that comrade Stalin will say ‘thank you.’”  In comrade Stalin’s Soviet Union, wise comrades followed this sound advice.  For students of the techniques used in the propaganda of personality cults, it should be noted comrade Stalin stood around 1.65 metres (5 foot, 5 inches) tall.

In the matter of scientific and intellectual palinodes, others can do the retractions which can be thought of as palinodes by proxy or (more flippantly) Munchausen palinodes by proxy.  To avoid damage to his reputation, Sir Isaac Newton’s (1642–1727) executors and later editors suppressed and implicitly retracted his alchemical writings and similar judicious editing has excised from the records of some their embrace of the once intellectually respectable field of astrology.  Actually, Newton wasn’t wholly wrong on the science; at the molecular level there is little difference between lead and gold and although traditional chemical alchemy seems impossible, recent experiments have, atom-by-atom, transformed lead into gold, the problem being that to transform a few atoms (and even these often short-lived radioactive isotopes rather than stable Au-197) demanded the use of a huge and expensive particle accelerator; unless there’s some unanticipated breakthrough, the process cannot be scaled up so gold must continue to be dug up.  Communism systems too belatedly made something of an art of the palinode.

In the Soviet Union, after the death of comrade Stalin, a number of “scientific orthodoxies” supported by the late leader abruptly were cancelled, notably the dotty, pseudoscientific “theories” of agronomist Trofim Lysenko whose doctrine of Lysenkoism set back Soviet agriculture by decades.  The evidence suggests comrade Stalin was well aware comrade Lysenko was likely a comrade charlatan but, uniquely among the many Soviet apparatchiks, the dodgy agronomist achieved a great rapport with the peasants who were being most tiresome.  It was Lysenko’s remarkable success in convincing peasants to accept the Kremlin’s imposition of collectivized farming that make him Stalin’s invaluable asset.  In China, when comrade Chairman Mao (Mao Zedong 1893–1976; chairman of the CCP, 1949-1976) instituted many of Lysenko’s “agricultural reforms” (which included applying Karl Marx's (1818-1883) theories of class consciousness to the thought processes of seeds), in the great famine which followed, it's believed between 40-45 million may have starved to death.  The Kremlin was at least precise in who or what got cancelled whereas the CCP (Chinese Communist Party) were a little vague although the Chinese people understood their language.  Long skilled at “reading between the Central Committee’s lines”, when they heard it admitted comrade Chairman Mao’s legacy was “70% good and 30% bad”, the meaning was clear.  As a judgment it may have been generous but if applied to some leaders in the West, would the numbers be any more favorable?

Lindsay Lohan on the cover of Vogue Czechoslovakia, May 2025.

So palinody has a long tradition but while figures like Rousseau, Darwin and Muggeridge had years or even decades “agonizingly to reappraise” their position, in the social media age, it can within the hour be necessary to recant.  In 2006, Lindsay Lohan granted an interview to Vanity Fair in which she acknowledged: “I knew I had a problem and I couldn't admit it.  “I was making myself sick.  I was sick and I had people sit me down and say: 'You're going to die if you don't take care of yourself'”, adding she used drugs: “a little”.  On reflection, and possibly after seeking advice, he publicist the next day contacted the magazine in an attempt to get the “drug confession” retracted.  Later, she would also recant her claims her earlier (and by some much-admired) weight-loss had been achieved by D&E (diet & exercise), admitting it was the consequence of an eating disorder.  Ms Lohan has issued a few palinodes (but although also a song-writer, none have been in poetic verse) and as well as drug use, the correctives have covered topics such as the MeToo movement, Harvey Weinstein (b 1952), Donald Trump (b 1946; US president 2017-2021 and since 2025) and her attitudes to motherhood.

Ye (b 1977, the artist formerly known as Kanye West).

The first notable palinode of 2026 was interesting for a number of reasons, the first of which was structural.  Although the once vibrant industry of print journalism has in the West been hollowed out by successive strikes from the internet, social media and AI (artificial intelligence), in a tactic guaranteed to ensure maximum cross-platform coverage, the multi-media personality, rap singer and apparel designer Ye chose as the host for his latest announcement not Instagram or X (formerly known as Twitter) but a full-page advertisement in Rupert Murdoch’s WSJ (Wall Street Journal).  As a “commercial, in confidence” arrangement, it’s not certain how much the WSJ would have invoiced to run the copy but advertising in the paper remains at “premium level” because of its national circulation and readership with a high proportion in the still much-prized “A”, “B1” & “B2” demographics.  Industry sources suggest that, depending on the day of the week and other variables, a full-page advertisement (black & white) placement in the WSJ’s national edition typically would cost between US$160,000–$220,000 for a “one-off” (ie no re-runs or ongoing contract).

That’s obviously rather more than a post on Instagram or X but what a still “prestigious” legacy title like the WSJ confers is a certain “authority” because, as Marshall McLuhan (1911-1980) explained in Understanding Media: The Extensions of Man (1964): “The medium is the message”.  If one conveys one’s message through a whole page of the WSJ, regardless of the text’s content, the message is different compared with the same words appearing on a social media platform: anyone can post a palinode on Instagram but only a few can pay Rupert Murdoch US$200,000-odd to print it in the WSJ.  The point about Mr Ye using the WSJ was the message was aimed not only at his usual audience but those in finance and industry who interact with the music and apparel businesses.  While some consumers of rap music or his other “projects” may be WSJ readers or even subscribers, the publication’s base has a very different profile and it will be a certain few of those Mr Ye wishes his message to reach.

Marigold Counseling's Bipolar Disorder chart.

Headed “To those I’ve hurt”, his palinode was more than a simple retraction and was an apology for his previous “reckless” anti-Semitism; whether “reckless” carefully was chosen from the spectrum (careless; reckless; intentional) used by disciplinary bodies in sporting competitions wasn’t discussed.  By way of explanation, Mr Ye revealed that some 25 years earlier, he’d suffered an injury to the “right frontal lobe” of his brain and, because the medical focus at the time was on the “immediate physical trauma”, “comprehensive scans were not done” meaning “the deeper injury, the one inside my skull, went unnoticed.  It seems that not until 2023 was his condition correctly assessed, the injury linked to his diagnosis with Bipolar Disorder type-1 (the old “manic depressive disorder”).  Clinicians distinguish between type 1 and type 2 Bipolar thus: (1) In Bipolar I disorder there must be at least one manic episode that may come before or after hypomanic or major depressive episodes (in some cases, mania may cause a dissociation from reality (psychosis)) and (2) In Bipolar II disorder there must be at least one depressive episode and at least one hypomanic episode but never any psychosis.  (Cyclothymic Disorder involves periods of hypomania and depression not sufficiently severe to be classified as full episodes).  As Mr Ye explained: “Bipolar disorder comes with its own defense system. Denial.  When you’re manic, you don’t think you’re sick. You think everyone else is overreacting.  You feel like you’re seeing the world more clearly than ever, when in reality you’re losing your grip entirely.  Once people label you as ‘crazy’ you feel as if you cannot contribute anything meaningful to the world.  It’s easy for people to joke and laugh it off when in fact this is a very serious debilitating disease you can die from.

As he further noted: “The scariest thing about this disorder is how persuasive it is when it tells you:  You don’t need help. It makes you blind, but convinced you have insight. You feel powerful, certain, unstoppable.  I lost touch with reality. Things got worse the longer I ignored the problem.  I said and did things I deeply regret.  Some of the people I love the most, I treated the worst. You endured fear, confusion, humiliation, and the exhaustion of trying to have someone who was, at times, unrecognizable. Looking back, I became detached from my true self.  In that fractured state, I gravitated toward the most destructive symbol I could find, the swastika, and even sold T-shirts bearing it. One of the difficult aspects of having bipolar type-1 are the disconnected moments - many of which I still cannot recall - that led to poor judgment and reckless behavior that oftentimes feels like an out-of-body-experience.  I regret and am deeply mortified by my actions in that state, and am committed to accountability, treatment, and meaningful change. It does not excuse what I did though. I am not a Nazi or an antisemite. I love Jewish people.  He also included remarks intended explicitly for the black community, which he acknowledged “held [him] down through all of the highs and lows and the darkest of times.  The black community is, unquestionably, the foundation of who I am. I am so sorry to have let you down. I love us.  My words as a leader in my community have global impact and influence.  In my mania, I lost complete sight of that.

He made a comment also about what is a sometimes misunderstood aspect of Bipolar Disorder: “Having bipolar disorder is notable state of constant mental illness.  When you go into a manic episode, you are ill at that point. When you are not in an episode, you are completely ‘normal’.  And that’s when the wreckage from the illness hits the hardest.  Hitting rock bottom a few months ago, my wife encouraged me to finally get help.  My words as a leader in my community have global impact and influence. In my mania, I lost complete sight of that.  As I find my new baseline and new center through an effective regime of medication, therapy, exercise and clean living, I have newfound, much-needed clarity. I am pouring my energy into positive, meaningful art: music, clothing, design and other new ideas to help the world.  He concluded by saying: “I’m not asking for sympathy, or a free pass, though I aspire to earn your forgiveness.  I write today simply to ask for your patience and understanding as I find my way home.  The message was signed “With love, Ye.

Mr Ye with his wife, Australian architect & model Bianca Censori (b 1995) in “WET” themed top (which she wears well), Huacai Intercontinental Hotel, Beijing, China, September 2024.  Ms Censori works for Yeezy as an Architectural Designer.

What Mr Ye placed in the WSJ was a certain type of palinode, one in which there’s a retraction and definitely an apology but also an explanation.  Although, commendably, he included the words “…It does not excuse what I did…”, documenting the long-undiagnosed traumatic brain injury does provide an explanation for his conduct so, the piece is not a true mea culpa (from the Latin meā culpā (through my fault) and taken from the Confiteor, a traditional penitential prayer in Western Christianity; it’s best translated as “I am to blame”.  Mr Ye’s point was that what he did was wrong but “he” was not to blame in the sense that what he did was the result of the Bipolar Disorder induced by his injury.  What that means is that there was no mens rea (a construct from the Latin mēns + reus (literally “guilty mind”), the phrase a clipping of the precept in English common law: Actus non facit reum nisi mens rea sit (The act does not make a person guilty unless the mind is also guilty).  In other words: “I didn’t do it, the Bipolar Disorder did it”.  As a defence the approach is well-known but what Mr Ye is suggesting is supported in the medical literature, there being a number of documented cases of individuals whose behavior suddenly and radically changed for the worse as a result of a condition affecting the brain (either traumatic injury or an illness such as a tumor).  Despite his caveat, his diagnosed Bipolar Disorder, as well as explaining things, may well “excuse what I did”.

However, as an exercise in “reputational recovery” (one of the forks of “crisis management”), Mr Ye does have “a bit of previous” for which to atone including donning a “White Lives Matter” T-shirt which was controversial because there is no political or moral equivalence between that and the implications of “Black Lives Matter”.  In isolation, such a thing might have been thought just a publicity device and, in another time, the dark irony may have caught on in sections of the black community but in the atmosphere of 2022 it was the wrong item at the wrong time.  Worse was to come because later that year Mr Ye tweeted he was going “death con 3” on the Jews, the play on words assumed an adaptation of the DEFCON (Defense Readiness Condition) status levels used by the US military:

DEFCON 5: Normal peacetime readiness (lowest level).

DEFCON 4: Increased intelligence gathering and strengthened security.

DEFCON 3: Heightened readiness; forces ready for increased alert.

DEFCON 2: One step from nuclear war; forces ready to deploy at six hours notice.

DEFCON 1: Maximum readiness; imminent nuclear war or attack underway.

Fashion statement: Mr Ye in black capirote.

So it could have been worse, assuming his “death con 3” implied only “heightened readiness; forces ready for increased alert”.  The Pentagon invoked DEFCON 2 during the Cuban Missile Crisis (16-28 October 1962) and has never (as far as is known) triggered DEFCON 1.  However, “death con 3” was thought bad enough and a number of corporations sundered their contractual arrangements with Mr Ye, the loss of the agreement with Adidas believed financially the most damaging.  The next year, to his “Vultures album (re-titled Vultures 1 for the packaged release in 2024) listening party” Mr Ye wore a black Ku Klux Klan hood.  The use of black rather the while of the KKK in popular imagination attracted some comment from those who seek meaning in such things but it was historically authentic, the original, Reconstruction-era Klan (1865-1871) not having a standardized or even defined garb.  In the 1860s, members used whatever fabric was available, bed-sheets, blankets, sackcloth, and women’s dresses all re-purposed with no apparent interest in patterns or color co-ordination and animal hides or even face paint were used if no fabric was to hand.  The choices were pragmatic, the purposes concealment and intimidation, not visual uniformity.  The now familiar capirote (pointed hood) atop a white robe didn’t become emblematic of the KKK until the heyday of the so-called “Second Klan” between 1915 and the 1940s and although white deliberately was chosen as a symbol of “purity” and white supremacy, there’s nothing to suggest Mr Ye was seeking to vest his garment with similar denotations.

Fashion statement: Mr Ye in the now deleted “Swastika T-shirt” (the Yeezy part-number was HH01). 

Most provocative however was doubtlessly his adoption of the swastika for various purposes and his effuse praise for Hitler and Nazism.  In humanity’s long and depressing roll-call of evil and depravity, there is Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) and there is “everybody else” so selling “swastika T-shirts” at US$20 (promoted in an advertisement at the 2025 Super Bowl) and “dropping a tune” titled Heil Hitler was never likely to be a good career move.  The product code for the T-shirts was “HH01” and those who recalled his comment: “There’s a lot of things that I love about Hitler" in a December 2022 podcast with the since bankrupted host Alex Jones (b 1974) probably deconstructed that to mean “Heil Hitler” although to remove any doubt he also tweeted: “I love Hitler” and “I'm a Nazi”.  Swastika T-shirts were just too much for Shopify which took down the page, issuing a statement saying Mr Ye had “violated” the company's T&Cs (terms & conditions).  It was an example of the dangers inherent in having a site administered by AI with humans checking the content only in reaction to complaints.

Forbes magazine, 31 August 2019.  Forbes had just anointed Mr Ye a billionaire”.

Those with some generosity of spirit will attribute honorable motives to Mr Ye’s palinode while cynics will note the financial hit suffered as a consequence of his recent conduct.  In 2020, he complained to Forbes magazine it had neglected to include him on their much-anticipated “Billionaires List” (he may have been peeved his then wife (the estimable Kim Kardashian (b 1980)) had made the cut) and duly the publication re-crunched its numbers, including him in a revised edition.  In the wake of his troubles, Forbes “wrote down” the value of his brand and after the “Adidas fallout”, he didn’t appear on the 2023 list.  As he said in the WSJ advertisement, he is “pouring my energy into positive, meaningful art: music, clothing, design and other new ideas to help the world” and all these products, appropriately branded, need to be sold at a profit but having a brand tainted by an association with Nazism and anti-Semitism makes things a “harder sell”.  Hopefully, all will be forgiven and Yeezy-branded hoodies, running shoes and such will again ship in volume; Rupert Murdoch can be proud of the WSJ’s latest contribution to American commerce.