Ekpyrosis

Ekpyrosis (pronounced eck-pyh-row-sys)

(1) In modern cosmology, a speculative theory proposing the known universe originated in the collision of two other three-dimensional universes traveling in a hidden fourth dimension. This scenario does not require a singularity at the moment of the Big Bang.

(2) In the philosophy of the Stoic school in Antiquity, the idea that all existence is cyclical in nature and universe is the result of a recurring conflagration in which the all is destroyed and reborn in the same process.  Among the Stoics,

1590s (in English): From the Ancient Greek ἐκπύρωσις (ekpúrōsis) (conflagration, cyclically recurring conflagration in which the universe is destroyed and reborn according to some factions in Stoic philosophy), the construct being the Ancient Greek ἐκ (ek) (out of; from) + πύρωσις (pyrōsis), from πῦρ (pyr) (fire) + -ōsis (the suffix).  While there’s no direct relationship between the modern “big bang theory” and the Stoic’s notion of periodic cosmic conflagration (the idea the universe is periodically destroyed by fire and then recreated), the conceptual similarity is obvious.  The Stoic philosophy reflected the general Greek (and indeed Roman) view of fire representing both destruction and renewal.  In English, ekpyrosis first appeared in the late sixteenth century translations or descriptions of ancient Stoic philosophy, particularly in relation to their cosmological theories and it came to be used either as the Stoics applied it or in some analogous way.  It was one of a number of words which during the Renaissance came to the attention of scholars in the West, a period which saw a revival of interest in ancient Greek and Roman thought, art & architecture and for centuries many of the somewhat idealized descriptions and visions of the epoch were those constructed (sometimes rather imaginatively) during the Renaissance.  The alternative spelling was ecpyrosis.  Ekpyrosis is a noun and ekpyrotic is an adjective; the noun plural is ekpyroses.

In stoic philosophy, ekpyrosis was described sometimes as a recurring, unitary process (the periodic destruction & rebirth of the universe in a single conflagration) and sometimes and the final stage of one existence (destruction) which was the source of a palingenesis (the subsequent rebirth).  Palingenesis was almost certainly a variant of palingenesia (rebirth; regeneration) with the appending of the suffix -genesis (used to suggest “origin; production”).  Palingenesia was a learned borrowing from the Late Latin palingenesia (rebirth; regeneration), from the Koine Greek παλιγγενεσία (palingenesía) (rebirth), the construct being the Ancient Greek πᾰ́λῐν (pálin) (again, anew, once more), ultimately from the primitive Indo-European kwel (to turn (end-over-end); to revolve around; to dwell; a sojourn)) + γένεσις (genesis) (creation; manner of birth; origin, source).  The construct of the suffix was from the primitive Indo-European ǵenh- (to beget; to give birth; to produce”) + -ῐ́ᾱ (-íā) (the suffix used to form feminine abstract nouns).

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

In biology, the word was in the nineteenth century was adopted to describe “an apparent repetition, during the development of a single embryo, of changes that occurred previously in the evolution of its species) came directly from the German Palingenesis (the first papers published in Berlin).  In geology & vulcanology, it was used to mean “regeneration of magma by the melting of metamorphic rocks”) and came from the Swedish palingenes (which, like the German, came from the Greek).  In the study of history, palingenesis could be used to describe (often rather loosely) the recurrence of historical events in the same order, the implication being that was the natural pattern of history which would emerge if assessed over a sufficiently long time.  When such things used to be part of respectable philosophy, it was used to mean “a spiritual rebirth through the transmigration of the soul”, a notion which exists in some theological traditions and it has an inevitable attraction for the new-age set.

The Death of Seneca (1773), oil on canvas by Jacques-Louis David (1748–1825), Petit Palais, Musée Des Beaux-Arts, De La Ville De Paris, France.  Lucius Annaeus Seneca (Seneca the Younger, (circa 4 BC–65 AD)) was one of the best known of the Roman Stoics and the painting is a classic example of the modern understanding of stoicism, Seneca calmly accepting being compelled to commit suicide, condenmed after being implicated in a conspiracy to assassinate the Nero (37-68; Roman emperor  54-68).  The consensus among historians is seems to be Seneca was likely “aware of but not involved in” the plot.  There are many paintings depicting the death of Seneca, most showing him affecting the same air of “resigned acceptance” to his fate.

The Stoics were a group of philosophers whose school of thought was for centuries among the most influential in Antiquity.  Although the word “stoic” is now most often used to refer to someone indifferent to pleasure or pain and who is able gracefully to handle the vicissitudes of life, that’s as misleading as suggesting the Ancient Epicureans were interested only in feasting.  What Stoicism emphasized was living a virtuous life, humans like any part of the universe created and governed by Logos and thus it was essential to at all times remain in harmony with the universe.  Interestingly, although the notion of ekpyrosis was one of the distinctive tenants of the school, there was a Stoic faction which thought devoting much energy to such thoughts was something of a waste of energy and that they should devote themselves to the best way to live, harmony with logos the key to avoiding suffering.  Their ideas live on in notions like “virtue is its own reward” and ultimately more rewarding than indulgence or worldly goods which are mere transitory vanities.

While the speculative theory of an ekpyrotic universe in modern cosmology and the ancient Stoic idea of ekpyrosis both revolve around a cyclical process of destruction and renewal, they differ significantly in detail and the phenomena they describe.  Most significantly, in modern cosmology there’s no conception of this having an underlying motivation, something of great matter in Antiquity.  The modern theory is an alternative to what is now the orthodoxy of the Big Bang theory; it contends the universe did not with a “big bang” (originally a term of derision but later adopted by all) begin from a singular point of infinite density in but rather emerged from the collision of two large, parallel branes (membranes) in higher-dimensional space.  In the mysterious brane cosmology, the universe is imagined as a three- dimensional “brane” within a higher-dimensional space (which tends to be called the “bulk”).  It’s the great, cataclysmic collision of two branes which triggers each defining event in the endless cycle of cosmic evolution.  In common with the Stoics, the process is described as cyclical and after each collusion, the universe undergoes a long period of contraction, followed by another collision that causes a new expansion.  Thus, elements are shared with the “Big Bang” & “Big Crunch” cycles but the critical variations are (1) there’s no conception of a singularity (2) although this isn’t entirely clear according to some, time never actually has to “begin” which critics have called a bit of a “fudge” because it avoids the implications of physical laws breaking down (inherent in the Big Bang’s singularity) and assumes cosmic events occur smoothly (in the sense of physics rather than violence) during brane collisions.

Bust of Marcus Aurelius (121–180; Roman emperor 161-180), Musée Saint-Raymond, Toulouse, France.

Something in the vein of the “philosopher kings” many imagine they’d like to live under (until finding the actual experience less pleasant than they’d hoped), Marcus Aurelius was a Stoic philosopher who has always been admired for his admirable brevity of expression, the stoic world-view encapsulated in his phases such as “Waste no more time arguing about what a good man should be.  Be one.”, “The happiness of your life depends upon the quality of your thoughts.” and “Our life is what our thoughts make it.”  Marcus Aurelius was the last emperor of Pax Romana (Roman peace, 27 BC-180 AD), a golden age of Roman imperial power and prosperity.  

To the Stoics of Antiquity, ekpyrosis described the periodic destruction of the universe by a great cosmic fire, followed by its rebirth, fire in the Classical epoch a common symbol both of destruction and creation; the Stoic universe was a deterministic place.  In the metaphysics of the ancients, the notion of fire and the central event was not unreasonable because people for millennia had been watching conflagrations which seemed so destructive yet after which life emerged, endured and flourished and the idea was the same conflagration which wrote finis to all was the same primordial fire from which all that was new would be born.  More to the point however, it would be re-born, the Stoics idea always that the universe would re-emerge exactly as it had been before.  The notion of eternal recurrence doesn’t actually depend on the new being the same as the old but clearly, the Greeks liked things the way they were and didn’t want anything to change.  That too was deterministic because it was Logos which didn’t want anything to change.  The Stoics knew all that had been, all this is and all that would be were all governed by Logos (rational principle or divine reason) and it was this which ensured the balance, order and harmony of the universe, destruction and re-birth just parts of that.  Logos had motivation and that was to maintain the rational, natural order but in modern cosmology there’s no motivation in the laws of physics, stuff just happens by virtue of their operation.

Endurance

Endurance (pronounced en-doo r-uhns or en-dyoo r-uhns)

(1) The fact or power of enduring or bearing pain, hardships, etc.

(2) The ability or strength to continue or last, especially despite fatigue, stress, or other adverse conditions; stamina.

(3) Lasting quality; duration.

(4) Something endured, as a hardship; trial.

1485-1495: From the Middle English enduren from the Old French endurer, from the Classical Latin indūrō (to make hard).  Enduren displaced the pre-900 Old English drēogan (congnate with the Gothic driugan (to serve in arms) which survives dialectally as dree (tedious; dreary)).  The meaning "ability to endure suffering" was first noted in the 1660s. The older forms, enduraunce, indurance, induraunce are all long obsolete.  Construct was endure + ance; the suffix –ance (a process or action) added to the stem of verbs to form a noun indicating a state or condition, such as result or capacity, associated with the verb, this especially prevalent with words borrowed from French.  Many words ending in ance were formed in French by alteration of a noun or adjective ending in ant; ance was derived from the Latin anita and enita.

Endurance Racing

There’s no precise definition of endurance racing, it's just a form of competition of greater duration of length than most.  It’s bounced around over the years but events now regarded as endurance races tend to be over a distance of 625 miles (1000 km) or twelve or twenty-four hours long.  Long races existed from the early days of motorsport, the first twenty-four hour event being on an oval circuit at Dayton, Ohio in 1905, followed soon by the opening event at the purpose-built Brooklands circuit in 1907.  One of the epic races was the Targa Florio, first run in 1906.  Held originally on public roads in the mountains of Sicily near the capital Palermo, it was for decades the oldest event for sports cars and a round of the World Sportscar Championship between 1955-1973.  The first few races were a lap of the whole island but as the volume of traffic and competitors increased, it became too disruptive and the track length was reduced to the 72 kilometre (45 mile) Circuito Piccolo delle Madonie, each Targa Florio run over eleven laps.  Safety concerns and the oil crisis conspired to remove it from the world championship after 1973 and it was finally cancelled in 1977.  A much toned-down event is now run annually as a round of the Italian Rally Championship.

Further north, the thousand-mile Mille Miglia, also run on public roads, was first staged in 1927 and although soon one of the classic events on the calendar, it's the 1955 race to which a particular aura still attaches.  Won by Stirling Moss (1929-2020) and  Denis Jenkinson (1920-1996), they used a Mercedes 300SLR, a car which technically complied with the sports car regulations but was actually the factory's formula one machine (W196) with a bigger engine and a streamlined body with seats for two.  It wasn't exactly a "grand prix car with headlights" as some claimed but wasn't that far off.  Officially the W196S (Sports) in the factory register, for marketing purposes it was dubbed (add badged) as the 300SLR to add lustre to the 300SL Gullwing coupé then on sale.

Mercedes-Benz W196S (300SLR), Mille Miglia, 1955.

The race was completed in 10 hours, 7 minutes and 48 seconds, a average speed of 157.650 km/h (97.96 mph) (the course was never exactly 1000 miles and that year was 1,597 km (992 miles) and at times, the 300SLR touched almost 305 km/h (190mph) which enabled Moss to cover the last 340 km (211 miles) at an average speed of 265.7 km/h (165.1) mph.  The record set in 1955 will stand for all time because the Italian government banned the Mille Miglia after two fatal crashes during the 1957 event, one of which killed nine spectators and a cursory glace at the photographs showing crowds clustered sometimes literally inches from the speeding cars might suggest it's surprising not more died.  Today, the name of the Mille Miglia endures as a semi-competitive tour for historic racing cars which, run since 1977.  By contrast, events run on closed courses have survived, the most famous of which is the 24 Heures du Mans (the Le Mans 24 Hour) and well-known 1000 km, 12 & 24 hour races have been run at Sebring, Laguna Seca, Daytona, Bathurst, the Nürburgring and Spa Francorchamps.

Endurance racing: Porsche 917Ks sideways in the wet; Vic Elford (1935-2022, right #11) and Pedro Rodriguez (1940-1971, left #10), BOAC 1000km, Brands Hatch, April 1970.  The race was the third round of the 1970 World Sports Car Championship.  Chris Amon (1943–2016) put a Ferrari 512S on pole but the 1000 was won (by 5 laps) by Pedro Rodríguez & Leo "Leksa" Kinnunen (1943–2017) in a Porsche 917K entered by John Wyer (1909–1989).  Amon was impressed by the speed maintained by Rodríguez in atrociously wet conditions (although much improved from the lethally unstable version seen a year earlier, even by 1970 the 917 could be difficult to handle even on a dry surface) and is said to have remarked to his pit crew: "Can somebody tell Pedro it's raining?"

Some endurance required: In 2023, the Dowse Art Museum in Wellington, New Zealand, staged the exhibition exploring the 2014 installation at Fort Delta, Melbourne in July 2014 in which New Zealand based artist Claire Harris (b 1982) watched Ms Lohan's entire filmography back to back in a live performance art work over 28 hours.  The issues discussed included “how” and “why” and there were practical tips on developing the stamina required for such feats of endurance.  The companion 34 page illustrated book Happy birthday Lindsay Lohan, 2011-2014 is available on request from the National Library of New Zealand.  The pages are unnumbered, the rational for which is not disclosed.

As a general principle, an "endurance event" tends to be a longer version of something so it’s thus a relative as well as an absolute term.  In sport, something like the Marathon, run over 42 kilometres (26 miles) is the endurance event of running where as the shorter contests are sprints (such as the 100 or 200 meters) or “distance” races (such as the 5,000 or 10,000 metres).  However, were the Marathon not to exist, then the 10,000 would be the “endurance” event of the Olympic Games, the tag attaching to whatever is the longest form.  In other fields, “endurance” can be more nuanced because what some find an “act of endurance” to sit through, others relish and long for more.  Richard Wagner’s (1813–1883)'s Der Ring des Nibelungen (The Ring of the Nibelung, 1876 (usually referred to as “The Ring Cycle”)) is an opera of epic length in cycle consisting of four separate pieces, each of the composer regarded as “an opera”:

Das Rheingold: (The Rhinegold; some 2½ hours with no intermission)
Die Walküre: (The Valkyrie; some 4½-5½ hours with intermissions)
Siegfried: (some 5-5½ hours with intermissions)
Götterdämmerung: (Twilight of the Gods; some 5-6 hours with intermissions)

So, a performance of the Ring Cycle absorbs between 15-17 hours and is thus usually spread over several days, some productions staging the event across a month, each performance (usually three or four) held on a weekend.  Grand Opera really is the West’s greatest artistic achievement and among the aficionados, the Wagnerian devotees are the most dedicated and passionate, some travelling the world to compare and contrast different productions of the Ring.  For them it’s not usually a test of endurance (although a production of which they don’t approve will be a long 17 hours) because they relish every moment but for others it’s probably unthinkable.  Although it’s long been attributed to him, the US humorist Mark Twain (1835-1910) may never have said: “Wagner’s music isn’t as bad as it sounds”, the back-handed compliment reflects the view of the majority, brought up on shorter, more accessible forms of entertainment.  For them, one hour of Wagner would be an endurance test.

The three later individual pieces of The Ring are themselves epic-length operas and Wagner wrote a number in this vein including Die Meistersinger von Nürnberg (The Master-Singers of Nuremberg, 1868; 5-6 hours), Parsifal (1882; 4-5 hours), Lohengrin (1850; 4 hours), Tannhäuser (1845; 4 hours) and the incomparable Tristan und Isolde (1965; 4-5 hours).  What came to define “epic length” in Opera was: (1) the typical length of other works and (2) the powers of endurance of those on stage, in the orchestra pit or in the audience.  Other composers did tend to write shorter operas although Giacomo Meyerbeer (1791–1864), Giuseppe Verdi (1813–1901), Richard Strauss (1864–1949), Gioachino Rossini (1792–1868) and Hector Berlioz (1803–1869) all produced works running over four hours and it was not unusual for there to be two or even three intermissions.  For profligacy with time however, none match Wagner although some modern composers have written very long operas although their length seems other to be their only memorable feature.

Epics: On vinyl, tracks did lengthen and if the physical limits of vinyl were exceeded, the piece could be spread over more than one disk.  Iron Butterfly’s In-A-Gadda-Da-Vida (1968, left) was 17:05 in length, Jethro Tull’s Thick as a Brick (1972, centre) was 43:46 (over two disks) while Rush’s 2112 (1976, right) was 20:33.

Cast adrift from the moorings of endurance by internet streaming making available infinite playing time, “songs” in the twenty-first century can last literally hours and an illustrative example is The Rise and Fall of Bossanova by PC III (Michael J Bostwick) which weighs in at a Wagarian 13 hours, 23 minutes, and 32 seconds.  It seems between 2016-2020 to have held the Guinness World Record as the longest song officially released although whether this should be thought a proud boast or admission of guilt will be up to those who listen.  Ominously, one of the implications of AI (artificial intelligence) is that in theory, someone could release a song which, without hesitation, deviation or repetition, goes on forever.

Andy Warhol's Empire is occasionally screened but always on the basis that viewers may "come and go" at any point in its eight hour run-time.

In pop music, the “epic length piece” was shorter by virtue of technological determinism.  Modern pop music (as the term is now understood) began in the 1950s and the standard form of distribution by the 1960s was the LP (long-playing) vinyl album, first released in 1948.  Because the technology of the time limited the duration of music which could fit on the side of a LP disk to about 27 minutes, that became the upper limit for a single song and at that length, it could be called “epic length” or just “an epic”.  Some bands and individuals did produce “epics” with varied results and some were probably better enjoyed (or endured) with drugs.  Not discouraged by the limitations of vinyl, others noted the possibilities offered by double (2 disks) or even triple (3 disks) albums and penned “rock operas”, the need to change disks a convenient operatic touch in that it provided a intermission.  Andy Warhol (1928–1987) took the idea of the endurance test to celluloid, in 1965 releasing Empire, a silent film shot in black & white showing New York’s Empire State Building at night (form a single aspect).  Running for some eight hours and designed to be viewed in slow-motion, it received critical praise from the usual suspects and little interest among even those who frequented art-house cinemas.  Warhol issued as statement saying the purpose was “to see time go by” and it can’t be denied he succeeded, perhaps even more convincingly than his earlier five hour epic Sleep (1964) which was an edited collection of takes of a man sleeping.  Similar scenes may have been found among those who found watching Empire beyond their powers of endurance.

Pareidolia

Pareidolia (pronounced pair-ahy-doh-lee-uh or pair-uh-doh-lee-uh)

In psychiatry and psychology, the tendency to interpret a vague stimulus as something known to the observer, such as seeing shapes in clouds, or hearing hidden messages in music; the perception of meaning in a shape which exists by mere coincidence.

1867 (in English): From the German Pareidolie, the construct being the Ancient Greek παρα- (para-) (alongside, concurrent) + εἴδωλον (eídōlon) (image) + -ία (-ía).  The -ia suffix was from the Latin -ia and the Ancient Greek -ία (-ía) & -εια (-eia), used to form abstract nouns of feminine gender.  It was applied to the names of countries, diseases, species etc and, occasionally, collections of stuff.  In English, the word was re-introduced by UFO (Unidentified Flying Object) debunker Steven Goldstein in 22 June 1994 edition of Skeptical Inquirer magazine, a publication devoted to rational, evidence-based explanations of the para-normal, magic, flying saucers and the many crackpot notions spread by new-agers, spiritualists, conspiracy theorists and other such folk.  Pareidolia is a noun and paradolic is an adjective; the noun plural is pareidolias.  There are circumstances in which the adjectives paradolish & paradolesque might be useful but neither exists.

The German word Pareidolie was in 1866 used by German psychiatrist Dr Karl Ludwig Kahlbaum (1828–1899) in his academic paper Die Sinnesdelierien (On Delusion of the Senses and in 1867, upon re-publication in volume 13 of The Journal of Mental Science, it was translated into English as “pareidolia” and noted as synonymous with the terms “...changing hallucination, partial hallucination, and perception of secondary images.”  The use of “pareidolia” is nuanced because any object (whether constructed or natural phenomenon) which even vaguely resembles something or someone can be pareidolic but the condition of pareidolia exists only when an individual attaches some meaning to the appearance or sound.  The general term is apophenia (the tendency to perceive meaningful connections between unrelated things), coined in 1958 by German neurologist and psychiatrist (and one-time Nazi) Dr Klaus Conrad (1905-1961) as Apophänie, from the Ancient Greek verb ἀποφαίνω (apophaínō), the construct being ἀπο- (apo-) and φαίνω (phaínō) (appear).  Herr Dr Conrad’s paper was on the topic of early-stage schizophrenia and he defined Apophänie as the “…unmotivated seeing of connections [accompanied by] a specific feeling of abnormal meaningfulness.”  In this, he distinguished between Apophänie as the early stages of delusional (and self-referential) over-interpretation of actual sensory perceptions, as opposed to hallucinations which were wholly illusory.

Pareidolia is a form of apophenia where the mind will attempt to find connections in random events, thoughts or patterns where none actually exist.  Pareidolia concentrates the visual and audio aspects of the brain in constructing a perception from a vague stimulus.  Clinically, there are two forms of pareidolia: (1) the “mechanistic”, where man-made objects, by mere coincidence have a resemblance to something else and (2) the “matrixed”, where natural phenomenon such as rock formations, clouds or the surfaces of planets include shapes which can be interpreted as something human, animal or supernatural and instead of being regarded as coincidental and amusing, are treated as having some inherent meaning or being evidence of some theory otherwise unsupported by any evidence.

The vast majority of pareidolias reported resemble the human face.  It’s believed that early in human evolution, the visual system developed specialized neural mechanisms which exist rapidly to detect faces and this “broad tuning” for facial features is thought to underlie the illusory perception of faces in inanimate objects (the phenomenon classified as “face pareidolia”).  There were all sorts of reasons why evolution operated in this way (family and societal relationships, recognition of threats by other creatures with a vaguely similar facial structure) and recent research suggests the mechanisms underlying face processing (certainly during the earliest phase of visual encoding) may treat objects that resemble faces as real faces, prioritizing their detection (this phase operating as something of a “clearing house”; the “positives” further processed, the “negatives” discarded.  What is of interest in psychology is that face pareidolia has been more frequently reported amongst individuals prone to hallucinations.

That the phenomenon of face pareidolia manifests with such frequency as the identification of the human face in various structures prompted some to ponder the evidence from behavioral studies of diminished orientation towards faces as well as the presence of face perception impairments in autism spectrum disorder (ASD); the research in this aspect of the condition has been criticized but the design of the experimental approach was challenging, interest was taken in the possibility of a relationship between the two.  In ASD research, face-like object stimuli which had been shown to evoke pareidolia in TD (typically developing according defined criteria in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5, 2013)) individuals were used to test the effect of a global face-like configuration on orientation and perceptual processes in young children with ASD and age-matched TD controls.  That had demonstrated TD children were more likely to look first towards upright face-like objects than children with ASD, suggesting a global face-like configuration elicit a stronger orientation bias in TD children as compared to children with ASD.  However, once focused on the stimuli, both groups spent more time exploring the upright face-like object, suggesting both perceived it as a face.  The conclusion was the result was in agreement with earlier work in the field of abnormal social orienting in ASD.  The conclusion was something like the usual “more research required”.

Detecting faces in non-face stimuli may have a strong adaptive value given that from an evolutionary point of view, the cost of erroneously detecting a face in non-face stimuli might be less than failing to detect another’s face in the environment.  Pareidolia may thus be just another spectrum condition in that the perception of pareidolic faces or other shapes in a variety of surfaces or spaces may vary little between people, the difference being more the individual’s reaction and the reporting of the event(s).

Sometimes a cloud is just a cloud (left) but when Lindsay Lohan wanted something to encapsulate the spirit of her Instagram post requesting privacy to “solve personal matters” after a tiff with her then with fiancé, she choose a pareidolic cloud in the shape of a “heart” (complete with silver lining, centre).  Before their tiff, Donald Trump's (b 1946; US president 2017-2021) fixer and personal counsel Michael Cohen (b 1966) would receive messages (right) from God in the shape of clouds, assuring him Mr Trump was the Almighty's choice as the "people's messenger".

Automatism

Automatism (pronounced aw-tom-uh-tiz-um)

(1) A condition in which one is consciously or unconsciously, but involuntarily, compelled to the performance of certain acts; also called telergy.

(2) In philosophy, the doctrine that all activities of animals (or of humans and animals), are entirely controlled by physical or physiological causes in which consciousness takes no part; the doctrine that animals are automata, operating according to mechanical laws.

(3) In certain common-law jurisdictions, a defense available to the accused in certain, limited circumstances (the threshold is high because it can be an absolute defense).

(4) In clinical physiology. the involuntary functioning of an organic process, especially muscular, without apparent neural stimulation.

(5) In psychology, the performance of an act or actions without the performer's awareness or conscious volition.

(6) In early-mid twentieth-century art, a method of producing pictorial art, as paintings and collages, associated chiefly with the dadaists and surrealists, in which the artist strives to allow the impulses of the unconscious to guide the hand in matters of line, color and structure without the interference of conscious choice.

1803: From the Ancient Greek automatismós (a happening of itself), the construct being automat(on) + -ism.  Automaton (αὐτόματον) (autómaton) as the neuter form of αὐτόματος (autómatos) (self moving, self willed).  The –ism suffix is ultimately either from the Ancient Greek -ισμός (-ismós), a suffix that forms abstract nouns of action, state, condition, doctrine; from stem of verbs in -ίζειν (-ízein) (whence the English -ize), or from the related suffix Ancient Greek -ισμα (-isma), which more specifically expressed a finished act or thing done.  The preferred plural form is automatisms.  The use in 1803 referenced "the doctrine that animals below man are devoid of consciousness; it was extended in 1856 to to humans in the sense of "automatic or involuntary action".  In psychology, automaticism (an action performed subconsciously, without any apparent direction from the mind) is synonymous with the legal construction of automatism.  Automatism, automatist & automaton are nouns and automatistic is an adjective; the noun plural is automatisms (automatons sometimes used in courts).  

At law

Sane automatism is an infrequently used defense in law, rare because the standard of proof required is so high.  If successful, it’s an absolute defense for almost any crime, including murder, even in circumstances where both sides accept a defendant is proved beyond any doubt to have done the deed.  Best thought of as the sleepwalker’s defense, the sane automaton escapes liability because (1) they were sane at the time of the offence and therefore can’t be committed to incarceration by reason of insanity and (2) were wholly unaware of the acts committed in the commission of the offence and can’t be convicted because the law demands, for a criminal prosecution to succeed, the mind must be as guilty as the hand.  This is based on the Roman legal doctrine actus reus non facit reum nisi mens sit rea (the act is not culpable unless the mind is guilty).  In English common law, the rule meant there must be actus reus (the guilty act) and mens rea (the guilty mind).  While in modern courts, mens rea is now called "fault elements" or "mental elements" and actus reus is now called "physical elements" or "external elements", the meaning is the same, the welcome changes being made to replace obscure Latin words with plain English.

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

Acceptance by courts of the existence of automatism is relatively common but not its acceptance as a defense of the sane and, on technical grounds, prior fault generally excludes automatism, as does intoxication, even when involuntary.  Automatism is thus more associated with a plea of insanity under the M'Naghten Rules (M'Naghten's Case 1843 10 C & F 200).  Under English law, internal causes of automatism are generally judged to be insane automatism and so result in the verdict not guilty by reason of insanity rather than acquittal.  While the sane automatism defense is available in matters such as murder, there are offences of absolute liability where it’s not allowed, even if evidence proved it could be sustained such as receiving parking ticket after neglecting to feed meter.

Automatist Art

The Garden, (1964), by Hannah Hoch (1889-1978)

Surrealist automatism was first described during the 1920s as a technique in which an artist allows their unconscious mind to prevail over their consciousness; unsurprisingly, the process was sometimes drug-assisted.  Sceptical (ie conservative or traditionalist) critics, at the time pondering the work of the early surrealists and Dadaists made the point it wasn’t immediately (and often not subsequently) obvious whether a piece could be thought the product of an artist’s conscious or unconscious mind but such critiques seem to have made little impact on the movement.  At the technical level, the process of automatism involved an artist “allowing” their hand to create imagery with a randomness, chance (some critics preferred “accidents”) as much an element in composition as whatever remained of rational intent.  As art, a viewer could make of the works what they would but the claim there was some reflection of the artist’s “repressed subconscious” attracted the psychoanalysts, some of who made such “blind drawing” part of their clinical practice although as a purely artistic approach it had earlier been discussed by the English artist Austin Osman Spare (1886–1956) who in The Book of Pleasure (1913) included a chapter titled Automatic Drawing as a Means to Art.  Although he never emerged from the periphery of the art world during his lifetime, Osman worked and exhibited almost to the day he died and in recent years has become a minor cult figure, something accounted for as much as him being a noted occultist as for his paintings and drawings.

Appellate

Appellate (pronounced uh-pel-it)

(1) Of or pertaining to that which can be reviewed by a power or authority vested with the necessary jurisdiction.

(2) A court, tribunal or other body having the power or authority to review and decide appeals made against decisions issued by subordinate individuals or institutions; that which legally can be appealed to.

1726: From the Classical Latin appellātus (called upon, summoned), past participle of appellāre (to appeal) and perfect passive participle of appellō (address as, call by name), the construct being ad (to, towards) +‎ pellō (push; impress).  The noun appellant (one who appeals from a lower to a higher court) dates from the 1610s, from the Anglo-French & French appellant, noun use of present participle of the French appeller (make an appeal), from the Old French apeler, from the Latin appellare (appeal to).  Appellate is an adjective and appellant is a noun; the noun plural is appellants.

Unrelated to the hierarchy of courts, there are words used formal grammar and linguistics including the noun appellative (a common noun; an epithet), the adjective appellative (of or pertaining to an appellative noun or common noun; of or pertaining to ascribing names), the noun appellativeness (the state or quality of being appellative), the adverb appellatively (after the manner of appellative nouns; so as to express whole classes or species and the noun appellativization (the process of a proper name becoming a common noun (such as hoover; kleenex; google et al)).  The antonym is proprialization (White House, Grand Canyon et al).  The noun appellation (designation, name given to a person, thing, or class) entered English in the mid-fifteenth century, from the twelfth century Old French apelacion (name, denomination), from the Latin appellationem (nominative appellatio) (an addressing, accosting; an appeal; a name, title), the noun of action from the past-participle stem of appellare (address, appeal to, name).  An appellation is a descriptive and specific term (Joan of Arc’s appellation was Arc; John the Baptist's was Baptist while those who were most associated with the political discussions which culminated in the formation of the United States of America (USA) are given the appellation “Founding Fathers”.  An appellation differs thus from an official or honorary title such as earl, bishop, general, professor et al but technically, these too are appellations.  The adjective appellative dates from the early fifteenth century (of a noun, serving to name or mark out, common (as opposed to proper))," from the Latin appellativus, from appellat-, past-participle stem of appellare (address, name, appeal to).  As a noun, it was in use by at least the 1590s in the sense of “a common” and by the 1630s as a “title or descriptive name”.

Courts of appeal

Appellate courts, usually styled as courts of appeal, are those vested with the jurisdiction to an appeal from a subordinate court within the same hierarchy.  In Australia, as a general principle, the court system exists in three layers (1) a trial court, (2) an intermediate appellate court and (3) a final court of appeal although variations exist and appeals from lower courts are not always of right; in many cases an application for leave to appeal can be declined.  Details of appellate jurisdiction in English courts appear in Sir William Blackstone's (1723–1780) Commentaries on the Laws of England (1765–1769), a matrix which has since been a thing of repeated change.  The hierarchical nature of the appellate food-chain is of significance because ultimately it's the final stage which is decisive: A case might for example be heard by eleven eminent judges, one in the supreme court at first instance, three on a court of appeal and seven at a high court so if the first appeal is decided 3-0 and the final 4-3 then one party can have enjoyed the concurrence of 7 of the 11 yet still lose.  That's how the appellate system works.

The Australian court systems are now unitary which means that, depending on the law(s) involved, the avenue of appeal lies to a state, territory or Commonwealth court, appeals to the Privy Council (actually the Judicial Committee of the Privy Council (JCPC)) in London sundered for Commonwealth matters in 1968 and for those involving the states in 1986 by the Australia Acts although there is one historic relic.  Section 74 of the constitution provides for an appeal from the High Court of Australia (HCA) to the the Privy Council if the court issues a certificate that it is appropriate for the Privy Council to determine an inter se (a case concerning constitutional relations between the Commonwealth and one or more states or between states) matter.  The only such certificate was issued in 1912 and in 1985, the High Court judges (unanimously) observed that the power to grant such a certificate “…has long since been spent… and is obsolete".  However, it’s there with full legal force so, in the strict constitutional sense, an appeal from the HCA to the JCPC, however unlikely, remains possible.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

Truly a martyr, Lindsay Lohan hasn't had much luck in appellate courts.  In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character "could be construed a portrait", which "could constitute an invasion of an individual’s privacy" but, on the facts of the case, the likeness was "not sufficiently strong".  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff" Judge Eugene Fahey (b 1951; associate judge of New York Court of Appeals from 2015-2021) wrote in his ruling.  Ms Lohan’s lawyers did not seek leave to appeal.

In happier times: Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

Also not having much luck with a matter taken on appeal is former New South Wales (NSW, Australia) Premier Gladys Berejiklian, compelled in 2021 to resign after being found to have committed an act of Billigung, her crucial phrase in a secretly recorded conversation being "I don't need to know about that bit" when her then (secret) lover began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of Mr Maguire.

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Nazi Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.  Had he then told the truth, he'd have been hanged.

The words used by Ms Berejiklian: "I don't need to know about that bit" are best understood in modern use as an attempt to manufacture "plausible deniability" and may be compared with how Herr Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.  There's obviously quite some difference between knowledge of the Holocaust and the dodgy dealings of a politician but the Billigung principle is the same. However, the former premier may have been comforted that unlike the IMT at Nuremberg, the ICAC wasn't vested with capital jurisdiction so there was that.

Enjoying their pipes: Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.     

On 1 October 2021, the NSW ICAC (Independent Commission against Corruption) announced an investigation into the former premier's conduct in office, later handing down a finding she had committed “serious corrupt conduct”.  Interestingly,  despite that, the ICAC made no recommendation criminal charges be pursued because the evidence Ms Berejiklian was required to provide to the ICAC wouldn’t be admissible in a court because there, the rules of evidence are different and a defendant can’t be compelled to provide an answer which might be self-incriminating.  In other words a politician can be forced to tell the truth when before the ICAC but not before a court when charged.  That’s an aspect of the common law’s adversarial system which has been much criticized but it’s one of the doctrines which underpins Western law where there is a presumption of innocence and the onus of proof of guilt beyond reasonable doubt lies with the prosecution.

Ms Berejiklian challenged the findings and validity of the ICAC’s findings, her appeal heard by the NSW Court of Appeal, the state’s highest appellate court.  Her grounds for the appeal were claims (1) the ICAC made errors of law and (2) their report may have been delivered outside its legal authority due the expiration of the term of one of the ICAC’s assistant commissioners prior to the report being delivered.  In a split (2-1) decision handed down in July 2024, the court dismissed the appeal (with costs), the dissenting judge finding that because one assistant commissioner was engaged as a consultant after her term had expired (a role which included assisting in drafting the final report and writing assessments of the credibility of witnesses including Ms Berejiklian) what they did was act outside the limits of the authority conferred on a consultant.  The majority disagreed, finding the appointment as a consultant was in all ways “valid and effective” and also rejected the other grounds cited in the appeal.

So the ICAC’s finding of “serious corrupt conduct” stands.  Responding to the court’s decision, Ms Berejiklian didn’t mention that “c-word”) but thanked the court for its consideration given “...the limited nature of a challenge that can be made to ICAC findings by any citizen.  As the court noted, the ICAC Act does not permit a ‘merits’ review of the findings of ICAC.”  She also noted the split decision and concluded “Serving the people of NSW was an honour and privilege which I never took for granted. I always worked my hardest to look after the welfare and interests of the people of NSW.” 

Appellate courts, the hair police and black letter law

Appellate courts are best known for their rulings in cases of great public interest or legal significance; in the former category these typically are those involving celebrities, sex or anything especially gruesome and in the latter, constitutional matters.  There are exceptions (and some appellate courts do also function in certain specialized matters as courts of first instance) and the US Supreme Court (USSC) has agreed to hear parking-ticket and other minor matters if the law under which a conviction was obtained happened in a jurisdiction where the offence was deemed one of absolute liability and an appeal not permitted.  In those matters, the court held that in the US, a legal principle existed that the state could not convict a citizen of something without granting a means of appealing the decision.  Courts of appeal also hear the quirky and bizarre and in 2022 an appeal was lodged in the Supreme Court of Japan, a young woman in Osaka Prefecture seeking to overturn a ruling from the Osaka High Court that her former high school’s rules and guidance forcing her to dye her brown hair black were lawful.

The young lady had in 2015 enrolled in a high school (operated by the prefectural government) and in the original case (decided by the Osaka District Court) she alleged teachers had at least weekly told her to dye her hair black, instructions which continued despite her explanation she was born with brown hair and it was her natural color.  In September 2016, she began refusing to go to school, her suit against the prefectural government alleging she had suffered mental stress.  In 2021, the district court ordered the prefectural government to pay ¥330,000 (US$3,100) to the former student for certain actions (such as such as removing her name from school rosters after she stopped attending) but ruled also the school’s enforcement of the hair-related regulation exceed the discretionary authority it had been granted.  The plaintiff took the case to Osaka High Court (the first appellate layer) which held that, on the basis: “a wide range of discretion must be permitted for school education in order to allow diversified educational guidance in line with individual and collective conditions”, the ruling of the district court was upheld.  The case was well publicized and attracted much public interest (and comment) and, presumably nudged, the Osaka’s Prefectural Board of Education undertook a survey of rules at high schools under their control but concluded the “compulsory black hair” rule was “necessary”, issuing a statement saying “We will meticulously explain the necessity in order to gain understanding from students’ parents”.  That didn’t please the by now bolshie (former) schoolgirl and in her appeal to the Supreme Court (the next appellate layer) claimed banning brown hair was “unconstitutional”, citing Article 13 of Japan’s Constitution, which stipulates people’s right to pursue happiness.

The case attracted the interest of Doshisha University’s Professor Kayoko Oshima (b 1959) who explained the substantive matter was more the repeated demands the girl “dye her hair black rather than the rule itself”, his point being that the purpose of the rule was to prevent the dying of hair to ensure lurid greens or blues (or, God forbid, blondes) weren’t seen and in the case of someone with natural brown hair, the ruling shouldn’t be enforced.  In other words, for these purposes there should be the legal fiction that “brown is black”, something like the “honorary white” status the Apartheid-era South African government would sometimes grant to visiting PoCs (persons of color; typically athletes or politicians).  The rule, according to the professor, was thus rational but, in certain circumstances, its enforcement was not; an example of the “unintended consequences” which sometimes occur in the application of “black letter law”.

While the matter proceed through Japan's not especially rapid civil system, news organizations began reporting other interesting rules school impose on their female students including mandating white underwear and banning pony-tails on the basis that were the nape of the neck so scandalously to be exposed, it would risk “sexually exciting” male students.  Hair color, length and pony-tails are subject obviously to visual inspection but it's not clear if the underwear dictates are enforced by the same method.  The wide publication of these rules drew much derision and in response, early in 2022, the Tokyo prefecture announced those with natural hair other than black would no longer be required to dye to conform and that underwear need no longer exclusively be white.  The Tokyo authorities took an omnibus approach to reform, announcing also that a wider range of hairstyles would be permitted including the “two-block” (short on the sides and back while long on top) which was interesting because like the also permitted bob, the risk of napes being flaunted was obviously there.  Legal observers commented it was an example of a typically Japanese attempt to be flexible yet not be seen over-turning long defended-rules.  Thus the pony-tail proscription stands even though its rationale was undermined by the new permissiveness extending to the bob; again, black letter law.  Collectively, the “draconian rules” are known in Japan asブラック校則 (buraku kosoku) (black rules) and they have existed since the 1970s when it was noted “foreign influences” were beginning to intrude, resulting in previously unknown "behavioral issues".  As well as hair color and seductive pony tails, the most rigorously policed seems to have been skirt length, particular attention devoted to detecting the devious trick of “skirt-folding”, the standard workaround for those seeking the “above-knee look”.  Knees, it would seem, are thought as potentially provocative as the naked nape of the neck.

Ai Nishida San (b 1992) as she is (left) and as her school decided history would remember her (left).

Interestingly, high-tech Japanese school administrators have proved that even if the day comes when they can no longer make black hair compulsorily, with a little judicious digital editing, retrospectively they can make it seem as if uniformity is maintained.  In 2021, one student circulated a “before & after” pair of images, one her school photograph in untouched form (left), the other as it appeared in her school’s yearbook (right), the latter with hair in an acceptably shiny black.  Commenting on the editing, the former student said the message conveyed by the practice was it “…enforces the idea that black straight hair, a stereotypically Japanese look, is right”, the obvious implication being anything else is wrong and thus un-Japanese.  Her school had actually been accommodating, telling her that because it was her natural color, she was exempt the attention of the hair police and she thought little more about it until she received her 2007 yearbook when she realized she had been rendered “more Japanese”.  Ai Nishida San called the school’s actions “racist” and while, in the narrow technical sense, it might be more correct to suggest the motives were “racialist”, it’s certainly either and hardly in the spirit of the submission Japan’s delegation to the Paris Peace Conference (1919-1920) made, arguing for racial equality to be recognized as one of the core concepts underpinning international relations in the post-war (which turned out to be the inter-war) era.