Bench

Bench (pronounced bench)

(1) A long seat (without arm or back-rest) for two or more people:

(2) A seat occupied by an official, especially a judge in a courtroom.

(3) Such a seat as a symbol of the office of an individual judge or the judiciary.

(4) The office or dignity of various other officials, or the officials themselves.

(5) In certain team sports, the seat (literally or figuratively) on which the reserve (substitute) players sit during a game while not playing and on which “starting side” players sit while substituted.

(6) The quality and number of the players named as substitutes.

(7) By extension, the quality and number of professionals or experts in reserve, to be called upon as needed:

(8) As a clipping of workbench, the worktable of those engaged in trades.

(9) In interior design, certain fixed flat surfaces (kitchen bench, bathroom bench etc).

(10) A platform on which animals or objects are placed for exhibition.

(11) In farming, a hollow on a hillside formed by sheep.

(12) In surveying, a bracket used to mount land surveying equipment onto a stone or a wall.

(13) In certain legislatures, as “front bench” (the office-holding members of a government or opposition who sit on the bench at the front of their side of the assembly), “back bench” (those elected members not appointed to an office who sit on benches behind) and “cross-bench” (those not members of the party in government or formal opposition who sit on other benches).  The terms are sometimes literal but depending on an assembly’s architecture or the size of a government’s majority, others can sometimes “overflow” to the physical “cross benches”.  Thus there are “front benchers”, “back benchers” & “cross benchers” (sometimes hyphenated).

(14) In geography, a shelf-like area of rock with steep slopes above and below, especially one marking a former shoreline.

(15) In extractive mining, a step or working elevation in a mine.

(16) In science (usually as “at the bench”), to distinguish between being engaged actively in research and concurrent or subsequent administrative functions.

(17) To furnish with benches (now rare).

(18) To seat on a bench or on the bench (now rare).

(19) In extractive mining, to cut away the working faces of benches.

(20) In certain team sports, to substitute or remove a player from a game or relegate them to the reserve squad.

Pre 1000: From the Middle English bench, benk & bynk, from the Old English benc (bench; long seat (especially if backless)), from then Proto-West Germanic banki, from the Proto-Germanic bankon & bankiz (bench), from the primitive Indo-European bheg.  It was cognate with the Scots benk & bink, the West Frisian bank, the Dutch bank, the Old High German Bank, the Old Norse bekkr, the Old Frisian benk, the Danish bænk, the Swedish bänk and the Icelandic bekkur, all from a Germanic source and all of which meant “bench”.  In the Old English there were the verbs bencian (to make benches) and bencsittend (one who sits on a bench).  The dialectal spellings benk & bink are both long obsolete.  Bench & benching are nouns & verbs, bencher is a noun, benched is a verb & adjective and benchy & benchlike are adjectives; the noun plural is benches.

The source of the idea of the “bench as a type of long seat” is thought to come from a riparian imagery (natural earthen incline beside a body of water) and etymologists speculate the original notion was of a “man-made earthwork used as a seat”.  Bench was from the late fourteenth century used of the tables on which merchants displayed their wares and that may have been a borrowing from the reference to the seat the judge would occupy in a court of law, that use emerging early in the 1300s and coming soon to mean “judges collectively, office of a judge, the judiciary”.  Whether it was actually an allusion to customers “judging the goods displayed” is speculative.  The use in team sports of “the bench” being the “reserve or substitute team members” was drawn from the actual physical bench on the sideline on which those players would sit while not on the field.  The earliest known reference to the existence of furniture used for this purpose is from the US in 1899 but extending this generally to the “reserve of players” in baseball, football etc seems not to have begun until 1909.  In sport, the idiomatic forms include “bench player” (one habitually selected only in the reserves and not the “starting side”), “benched” (a player substituted during play and “sent to the bench”, either because of poor performance or as part of a planned rotation, “injury bench” (players substituted due to injury), “bench warmer (or “bench sitter”, or “bench jockey”) (one whose career has plateaued as a “bench player”, “warming the bench”) 

Bench has attracted many modifiers describing use including “bench grinder”, “bench saw”, “bench drill”, “sawbench”, “kitchen bench”, “deacon's bench”, “friendship bench”, “bench easel”, “mourners' bench”, “piano bench” (a “piano stool” for two), “preacher’s bench” et al.  The noun & verb “benchmark” refers to the optimal results obtained when testing something or someone on a “test bench” although the use is often conceptual, a physical “test bench” not necessarily part of the processes and even some structures in engineering referred to as a “test bench” may bear no relationship to any actual “bench” however described.

Bench seats ranged from the austerely functional to the luxurious: 1971 Holden HQ Belmont Station Sedan (station wagon or estate-car) in vinyl (turquoise) (left) and 1974 Imperial LeBaron four-door hardtop (right) in chestnut leather (though not actually “fine Corinthian leather” which was exclusive to the Cordoba (1975-1983)), the tufted “pillowed” upholstery a signature of the US luxury cars during an era in which they were forced to abandon high-performance.  Imperial's advertising copy noted of the brochure’s photograph: “...while the passenger restraint system with starter interlock is not shown, it is standard on all Imperials.”  The marketing types didn't like seat-belts messing up their photos.

Bench seat for four: the improbable 1948 Davis Divan.  The blue car (one of a dozen survivors of the 17 built) was restored by the Petersen Automotive Museum in Los Angeles where it is on display.

In cars and such, a “bench seat” differs from a “bucket” or “individual” seat in that comfortably it can accommodate two or more occupants, the comparison with furniture being the difference between a “chair” and a “sofa”.  In commercial vehicles, bench seats commonly can seat four but in cars the recommended (and eventually legal) limit was typically three although the truly bizarre Davis Divan (1948) featured a bench allowing four abreast seating for four adults, something which would have been an interesting experience for the quartet because a quirk of the suspension system was the long, pointed nose of the thing actually rose under braking.  The three-wheeled Divan was the brainchild of “automotive entrepreneur” (some historians are less kind) Glen Gordon “Gary” Davis (1904-1973) who put some effort into building the prototypes, not enough into preparation for actual production but much into raising funds from “investors”, a goodly chunk of which apparently was spent on real estate, entertaining and mink coats for “friends” (with all that implies).  He had a flair for slogans so many investors were attracted but the project proved chimeric, Davis tried and convicted of fraud & grand theft, spending two years in prison.  The name Divan was used as an allusion to the car's wide bench seat.  It was from the French divan, from the Ottoman Turkish دیوان (divan), from the Iranian Persian دیوان (divân), from the Classical Persian دیوان (dēwān), from Middle Persian dpywʾn' or dywʾn' (dēwān) (archive, collected writings, compilation of works”), from the Sumerian dub.  The sense was of a sofa-like piece of furniture comprising a mattress lying against the wall and on either the floor or an elevated structure.  Part of the tradition of interior decorating in the Middle East, in the West divans are sometimes called “ottomans”; those with an internal storage compartment: “box ottomans”.

In courts of the common law traditions the terms “bench” & “bar” date from the medieval age and remain part of courtroom terminology.  “The bench” was originally the seat on which judges at while presiding, the early furniture apparently a simple wooden bench as one would find at many long dining tables and in the manner typical of the way English evolves, “bench” came to be used of judges collectively and of the institution of the judiciary itself.  The “bar” was the physical barrier separating the spectators and participants of a trial from the area where the lawyers and judges conducted the proceedings, thus the “bar table” being that at which the advocates sat and the right to practice law before the bench being “passing the bar”, familiar in the modern US phrase “passing the bar exam” or the English form “called to the bar”.  As “bench” became a synecdoche for the judiciary, “bar” came to be used of the lawyers although in jurisdictions where there is a separation between those who appear in court (barristers) and those who do not (solicitors) “bar” was applied only to the former and even after reforms in some abolished the distinctions between certain branches of the law, specialist practitioners continue often to be referred to as the “equity bar” & “common law bar”.  There’s thus the apparent anomaly of the use of “bencher” (recorded in the 1580s) being used to mean “senior member of an inn of court”, all of whom would have been members of “the bar”.  Presumably the idea was one of “approaching the bench” or (more mischievously) “aspiring to the bench”.  The bench-warrant (one issued by a judge, as opposed to one issued by a magistrate or justice of the peace (JP) dates from the 1690s. 

An illuminated manuscript (circa 1460) which is the earliest known depiction of the Court of King's Bench in session.

In England, the Court of King’s Bench (KB) (or Queen’s Bench (QB) depending on who was on the throne) began in the twelfth century as a court at which the monarch literally presided; it was a circuit court which would, from time-to-time, travel around the counties hearing cases.  The Court of KB was thus in some sense “virtual”, whatever wooden bench upon which he sat becoming the KB for the duration of the trial.  Kings would cease to sit as judges and the KB later was interpolated into the system of courts (there would be many internecine squabbles over the years) until (as the Court of Queen’s Bench), under the Supreme Court of Judicature Act (1873), it, along with the Court of Common Pleas, the Court of Exchequer and Court of Chancery were merged to become the High Court of Justice, each of the absorbed institutions becoming a division.  The Common Pleas and Exchequer Division were abolished in 1880 when the High Court was re-organized into the Chancery Division, Queen's Bench Division and the Probate, Divorce and Admiralty Division (the latter memorably known as “wills, wives & wrecks” in legal slang).  The origin of the KB is a hint of why a king or queen can’t appear before a court in the UK or other places in which they remain head of state: Although it is in a practical sense now a legal fiction, all courts of law are “their courts” of which they remain the highest judge.

Benches afforced with foreign judges, the Chinese Communist Party and Hong Kong’s national security law

Multi-national benches are not uncommon.  There have been courts operating under the auspices of the League of Nations (LoN; 1920-1946) & United Nations (UN; since 1945) such as the International Criminal Court (ICC), the International Court of Justice (ICJ) and the various ad-hoc bodies set up to handle prosecutions related to crimes in specific locations (Rwandan, the former Yugoslavia et al) and the UK had the Judicial Committee of the Privy Council (JCPC) which included senior judges from the Commonwealth.  The JCPC functioned not only as a final court of appeal for Commonwealth nations (a role for a handful it still fulfils) but also as the appellate tribunal for a number of domestic bodies including some ecclesiastical bodies, admiralty matters and even matters from the usually obscure Disciplinary Committee of the Royal College of Veterinary Surgeons.  There were also the International Military Tribunals (IMT) which tried matters arising from the conduct of German & Japanese defendants from World War II (1939-1945), the bench of the latter Tokyo Tribunal notably diverse although those of the subsequent dozen trials in Nuremberg were staffed exclusively by US judges.  A number of former colonies also use foreign judges (and not always from the former colonial power).

However, what remains unusual is the matter of the Chinese Communist Party (CCP) deciding to have foreign judges serve on Hong Kong’s Court of Final Appeal (HKCFA), established in 1997 when the Hong Kong Special Administrative Region (HKSAR) was created upon Beijing regaining sovereignty (under the “one country, two systems” (1C2S)) principle, with the end of British colonial rule.  At that point, the HKCFA became the territory’s highest judicial institution, replacing the JCPC in London.  On the HKCFA’s bench sits the Chief Justice (a Hong Kong national), several “Permanent Judges” and some two-dozen odd “Non-permanent Judges” who may be recruited from Hong Kong or from among lawyers of the requisite background from any overseas common law jurisdiction.  As non-permanent judges, appointments have been drawn (from bar & bench) from Canada, Australia, New Zealand and the UK.

Lindsay Lohan, foreign judge on the bench of The Masked Singer (2019), a singing competition, the Australian franchise of a format which began in the ROK (Republic of Korea (South Korea)) as King of Mask Singer.

While it may seem strange a developed country like the People’s Republic of China (The PRC, the world’s second largest economy, a permanent member of the UN Security Council and since 1965 the final member of the original “Club of Five” declared nuclear powers) would have foreign judges sitting in one of its superior courts, on the mainland the PRC operates under a civil law system which, like the tradition in continental European, is based primarily on written statutes and codes, unlike common law systems, which rely heavily on case law and judicial precedent.  As a British colony, Hong Kong had used common law and under that system had become a major regional and international presence, something in part due to its judicial system being perceived as fair an uncorrupted; it was a “rule of law” state.  In the PRC there simply wasn’t a body of judges or lawyers with the necessary background in common law to staff the territory’s highest appellate court and significantly, at the time of the handover from the Raj, Hong Kong was of great importance to the PRC’s economy and the CCP understood it would be critical to maintain confidence in the rule of law, investors and overseas corporations with Hong Kong resident interests needing to be assured matters such as contracts would continue as before to be enforceable.

So it was, literally, “business as usual”, whatever may have been the fears about the political undercurrent.  The growth of the mainland economy since 1997 has been such that the HKSAR now constitutes only a small fraction of the national economy but analysts (some of whom provide advice to the CCP) understand the linkages running through the territory remain highly useful for Beijing and some long-standing conduits are still used for back-channel communications about this and that.  As far as business is concerned, the operation of the legal system has remained satisfactory, even though the CCP ensured that Beijing retained a reserved power to overturn the HKCFA’s decisions.

The colonial era building where now sits the Hong Kong Court of Final Appeal.  Formally opened in 1912, it was built with granite in the neo-classical style and between 1985-2011 was the seat of the Legislative Council (LegCo).

However, in 2020, a “National Security Law” (technically the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and thus usually written in English as the “NSL”) was imposed.  While not aimed at the regulation of business or economic matters, it was wide in its scope and claims of application (the extraterritoriality extending worldwide), essentially extending to the territory many of the laws of the mainland regarding “political activities” and matters of “free speech”, the latter widely interpreted by the CCP.  Citing the “political situation”, two British judges in June 2024 resigned from the HKCFA, prompted by Beijing’s recent crackdown on dissent in the city, something made possible by the NSL.  In his published letter, one judge, his rationale for departure notwithstanding, did say he continued “…to have full confidence in the court and the total independence of its members.”  As early as 2020, one Australian judge had already resigned, followed by two others from the UK, both saying the Hong Kong government had “…departed from values of political freedom and freedom of expression.”  The CCP may have anticipated some objection from the overseas judges because, since the passage of the NSL, no overseas judge has been allocated to hear the “security-related” cases.  The judicial disquiet seemed not to trouble the territory’s chief executive, former police officer John Lee (Ka-chiu) (b 1957) who said the overseas appointments would continue to help “…maintain confidence in the judicial system and… strong ties with other common law jurisdictions.”  In response to the departing judge’s comment, he claimed the NSL had “no effect” on judicial independence and the only difference was that “…national security is now better safeguarded.”

Early in June, the Hong Kong authorities arrested two men and one woman attending a FIFA World Cup qualification match against Iran, their offence being “turning their backs to the pitch and not standing during the performance of the national anthem”, a police spokesman adding that anybody “…who publicly and intentionally insults the national anthem in any way in committing a crime.”  Before the NSL was imposed, bolshie Hongkongers were known to boo the anthem to express discontent with their rulers; that definitely will no longer be tolerated.  The match ended Iran 4: Hong Kong 2 but despite that, more than ever the HKSAR and the Islamic Republic have much in common.

Riparian

Riparian (pronounced ri-pair-ee-uhn or rahy-pair-ee-uhn)

(1) Of, relating to, or situated or dwelling on the bank of a river or other body of water.

(2) In law, a person who owns land on the bank of a natural watercourse or body of water; denoting or relating to the legal rights of the owner of land on a river bank, such as fishing or irrigation

1849: From the Latin rīpārius (feminine rīpāria, neuter rīpārium) (of the banks of a river) from riparia (shore), later used in reference to the stream flowing between the banks, from ripa ((steep) bank of a river, shore)), probably understood literally as "break" (and indicating the drop off from ground level to the stream bed), or else "that which is cut out by the river", from the primitive Indo-European root rei- (to scratch, tear, cut), source of the Ancient Greek ereipia (ruins) & eripne (slope, precipice), the Old Norse rifa (break, to tear apart), the Danish rift (breach), the Middle High German rif (riverbank, seashore) and the English riven & rift.  Riparian is a noun & adjective and riparianism is a noun; the noun plural is riparian.

For technical reasons etymologists treat the construct as rīpāri(us) +‎ -an rather than rīpār(ius) +‎ -ian although ian was a euphonic variant of –an.  The suffix -an was from the Middle English -an (regularly -ain, -ein & -en), from the Old French –ain & -ein (or before an “i”, -en (used in modern French as –ain & -en (feminine –aine & -enne))), from the Latin -ānus (feminine -āna), used to form adjectives of, belonging or from a noun (and cognate with the Ancient Greek -νος (-nos), preceded by a vowel, from the primitive Indo-European -nós).  It was cognate with the English -en.  In English, it was an adjectival suffix widely appended (most frequently to nouns) and most associated with words of Latin origin; when a word ends in "a", a -n is instead appended.  It can also be used to form agent nouns and historically the male forms were constructed with -an, the females with -(i)enne but increasingly the male formations are treated as gender-neutral.  The suffix -ian was a euphonic variant of –an & -n, from the Middle English -an & -en.

In English law riparian rights and liabilities evolved over centuries, both arising as a consequence of the ownership of land abutting natural water and it matters not whether the water is tidal or non-tidal, all that is critical is that the physical property has some contact with the water course during the day.  The operation of law applied most obviously to the flows which occur naturally by riparian ownership can arise when streams and watercourses are channeled through artificial constructions although different aspects of the law may need to be applied to determine the ownership of the riparian rights.

As a general principle, a riparian owner is entitled access to the water, certainly for what are (in the context of place) ordinary purposes which may be for domestic or agricultural purposes.  This right of access may also include the ability to pass over the foreshore or a river bed to get to the water and even to temporarily moor vessels adjacent to riparian land to load or unload them.  Interestingly, this does not of necessity confer a right permanently to moor a vessel, reflecting the ancient common law position in England that the right of anyone to proceed along the nation’s highways and byways does not always imply a similar right to stay in any one place.

In the case of natural channels, such as streams and rivers, where water flows from one riparian owner’s property to another, the downstream owner is entitled to the flow of water in its natural state, both as to quality and the quantity, a specific expression of a concept in English law known as “natural enjoyment of a right”.  This means the upstream owner may take water or construct a dam but in so doing may not materially interfere with the flow and quality of water enjoyed by the downstream owner.  A special riparian right is the ability to drain land to a watercourse which can impact significantly on downstream rights holders and is thus often subject to separate negotiation.  In the case of natural flows, all downstream owners are obliged to accept the flow of water onto their land.  These well-established principles in English domestic law are used often as the basis for negotiations between nations where rivers cross borders; the results of these discussions can vary between amicable agreement and declarations or war.

There are also riparian liabilities.  Apart from not unduly interfering with the flow of water, riparian owners can be required to accept flooding on their land, even if that is caused by natural obstructions downstream and, again dependent on place, a liability can be imposed on riparian owners to manage the risk of flooding.  Because flood risks in England is managed nationally by statutory authorities such as regional drainage boards, the liabilities can very geographically, the power vested in these organisations to require riparian land to be used for flood management and mitigation.  Where water is artificially channeled, some interplay of different laws may be required to determine ownership of fights and liabilities.  As with just about any property rights, a riparian owner can take actions in court to prevent interference with rights, such as by requiring the removal of an obstruction or to stop an adjoining riparian owner from drawing too much water.

Lindsay Lohan, pondering riparian rights in Georgia Rule (2007).

Most associated with the US, riparianism was a doctrine of property rights, based on the principle that the owners of riparian land (riparians) had the right to remove reasonable amounts of water from the river, but others did not.  Because of the various property of rivers (moving in a sense, static in a sense, abutting land, able by natural action to increase and decrease the size of that land, used also as (often pubic) waterways for transportation etc), riparian rights have frequently been considered by courts and the gradual path has been one of a retreat from the classic position such rights accrued absolutely to the land owner as a property right.  An illustrative example was the decision of the High Court of Australia (HCA) in Commonwealth v Tasmania (HCA 21, (1983) 158 CLR 1) which concerned an attempt by the Commonwealth to prevent the state government of Tasmania building a dam on the Gordon River which would have flooded a large area of wilderness, including part of the Franklin River.  The HCA held the Commonwealth had the power to prevent the construction of the dam, based on its constitutional powers: (1) to regulate interstate trade and commerce and (2) its “external (foreign) affairs” power triggered by an obligation to protect sites declared by the United Nations (UN) to be “World Heritage” (by virtue of the Commonwealth having entered into certain treaties).  Also considered were riparian rights and the court held that riparian rights were not absolute and they could be limited by the public interest.  The reasoning was because the construction of the dam would interfere with the natural flow of the river and the ecology of the area, the court had to consider competing interests and in this case the public interest in preserving the area's natural values outweighed the riparian rights of the Tasmanian Government.  Use of the external affairs power was controversial but so was the expansion of the scope of the public interest in relation to riparian rights because it limited the rights of landowners to use waterways for their own purposes.  It was a case with significant implications for environmental law in Australia and beyond, overseas courts citing the judgment when holding that (public) environmental considerations can outweigh (private) property rights.

Mall

Mall (pronounced mal or mawl)

(1) A clipping of shopping mall, a (usually) large retail complex containing a variety of stores and often restaurants and other business establishments housed in a series of connected or adjacent buildings or in a single large building.  Shopping centre is the usual alternative descriptor but market, plaza, marketplace & mart are also used.

(2) A large area, sometimes lined with shade trees and shrubbery, used as a public walk or promenade (in some places called boulevard, boardwalk, esplanade, alameda, parade or walk).

(3) In urban business districts, a street from which motor-traffic has been excluded and given over entirely to pedestrians.

(4) A strip of land, usually planted or paved, separating lanes of opposite traffic on highways, boulevards etc (use restricted to certain US states).

(5) In the game of pall-mall, either (1) the game itself, (2) the mallet used in the game or (3) the place or alley where pall-mall was played.

(6) The game of polo (obsolete since the late seventeenth century).

(7) To beat with a mall, or mallet; to beat with something heavy; to bruise.

(8) In the jargon of US property development, to build up an area with the development of shopping malls

(9) In slang, (often as malling), to shop at the mall (the “mall rat” being one who frequents such places (usually in a pack) without necessarily intending to shop.

1737: From The Mall, a fashionable tree-lined promenade (then thought of as a “pall-mall alley”) in St James's Park, London where originally the game pall-mall was played.  The name of the game was also spelled palle-malle, paille-maille, pel-mell & palle-maille, pell-mell.  The noun plural is malls.

Eighteenth century woodcut of men playing pall mall.

The use to describe a "shaded walk serving as a promenade" was generalized from The Mall, the name of a broad, tree-lined promenade in St. James's Park, London (the name dating from the 1670s and an evolution of the earlier (1640s) maill), so-called because it operated as open alley used to play the game of pall-mall, an ancestor of the modern croquet.  Pall-mall (although described as a “lawn game”) was played on a surface of compacted & leveled soil, boarded in at each side, using a wooden ball which was struck with a mallet to send it through an iron arch placed at the end of the alley, the winner the one who managed to do so with the fewest shots.  The game's name is from the French pallemaille, from the Italian pallamaglio, the construct being palla (ball) + maglio (mallet), from the Latin malleus (hammer, mallet), from the primitive Indo-European root mele- (to crush, grind).  The French and Italian forms (like the English pall-mall) both refer to a game something like croquet, played in Europe after the sixteenth century.

A View of St James Palace, Pall Mall (1763), oil on canvas by Thomas Bowles (1712-1791).

The mall in the sense of a street in an urban business district from which motor-traffic has been excluded and given over entirely to pedestrians dates from 1951.  The sense of an "enclosed shopping gallery" is from 1962 (although such structures in the US pre-date the descriptor and the mall rat (one who frequents a mall) wasn’t labeled as such until 1985.  Mall is the common term in North America but in many countries they’re called shopping centres, markets, plazas, marketplaces, marts or blends of these words.  Mall is still used in the original sense of a shaded walk but is now rare, plaza, esplanade (especially if riparian, costal etc) or boardwalk tending to be preferred whereas mall is most associated with suburban shopping centres or urban streets given over to pedestrians.  The strip mall is a smaller array of shops, assembled usually in a single line parallel with a major arterial road with parking for cars directly in front.  The Pavilion on the Mali in New York’s Central Park was used in the nineteenth century by the “Park Band:, the mali a paved path lined with trees.

Lindsay Lohan enjoying Wetzel's Pretzels, Americana Mall, Los Angeles, June 2009.

The concept of a large structure or area containing the outlets of many traders wasn’t new, recognizable forms identified in the archeological record of many cultures across millennia.  What distinguished the modern mall was that it was inherently (1) suburban and (2) dependent on customers using private motor vehicles rather than walking or public transport.  It was these factors which enabled malls to develop at scale; the land being bar from city centres was cheap and the customer catchment was vast, needing only to be in driving range so thus could service an area of a hundreds square miles or more, something which explains why malls always had vast, often multi-layered car parks.  Urban geographers regard the Northland Center in Southfield, Michigan (which opened in 1954) as the first mall in the modern sense.  Immediately successful, it spawned imitators, immediately in the US and within a decade around the world, the building of malls tracking the development of road systems and the growth in car ownership.  One effect was the decline of commercial activity in city centres as traders followed their customers’ migration to the suburbs, a trend which really didn’t decline until the 1990s when the fashion for inner-city living returned.  This affected both the viability of malls and interest in developing new ones, something exacerbated by the arrival of the “big box” operations which were either single outlets at scale or thematic clusters of traders within the one geographical space.  For many customers, the clusters were attractive because, unlike the malls which tended to limit the number of similar businesses which could lease space, in a cluster one could find many shops servicing the same market centre, typically specialties such as home improvement or decorating.  Consequently, many malls had during the last quarter century been abandoned, demolished or re-purposed, the twenty-first century growth in on-line shopping accelerating the decline.

Pall Mall “Girl Watching” cigarette advertising, circa 1962.

Pall Mall menthol cigarette advertising, 1969.  By then called “the black demographic”, one of the first widespread uses of African-Americans in advertising published in mainstream media was for menthol cigarettes, reflecting the high market penetration of the product in that group.

The game Pall Mall was the subject of a number of contemporary paintings and sketches and Samuel Pepys (1633–1703; noted English diarist & Admiralty administrator) who had mentioned the game as early as 1661, in May 1663 noted in his diary: “I walked in the park… discoursing with the keeper of Pell Mell who was speaking of it; who told me of what the earth is mixed that do floor the Mall and that over all there is cockel-shells powdered.”  In an entry in 1665, Pepys referred to both street and game as Pell Mell.  There were many “Pall Mall” alleys in London and one of them became the street well known variously as a centre of artistic life, the home of many London clubs, the location of the War Office (when war offices were a thing) and a place on the Monopoly board.  Mall tends to be pronounced mawl in most of the world except in England where Pall Mall is pel mal although, even then, the phonetic influence of the US is such that mawl is often heard for uses other than the street.  In Australia, when the Queen Street Mall was in 1982 opened by Sir Joh Bjelke-Petersen (1911–2005; Country Party premier of Queensland, 1968-1987), he insisted it must be pronounced mawl because he had no wish to be reminded of Malcolm Fraser (1930–2015; Liberal Party prime minister of Australia 1975-1983).

Strand

Strand (pronounced strand)

(1) To drive or leave (a ship, fish etc) aground or ashore.

(2) To bring into or leave in a helpless position (usually used in the passive).

(3) A shore or beach (now poetic, archaic or regional).

(4) A small brook or rivulet (archaic).

(5) A passage for water; a gutter (Northern England & Scotland)

(6) A foreign country (archaic).

(7) One of a number of fibres, threads, or yarns, plaited or twisted together to form a rope, cord, or the like.

(8) A rope made of such twisted or plaited fibres.

(9) A fibre or filament, as in animal or plant tissue.

(10) A thread or threadlike part of anything.

(11) By extension, a constituent element in a complex argument.

(12) A street in the Westminster district of west-central London, running from Trafalgar Square to Fleet Street parallel to the Thames, so-called because it was the “north strand” (ie shore) of the river; also the areas immediately surrounding the street.

Pre 1000:  From the Middle English strand or strond, (sea shore), from Old English strand (shore), related to the Dutch strand and Middle High German strant (beach) and the Latin sternere (to spread).  The Old English was borrowed from the Proto-Germanic strandaz & strandō (edge, rim, shore), source also of the Danish and Swedish strand (beach, shore, strand), the Old Norse strönd (border, edge, shore) the Middle Low German strant and the German and Dutch strand (beach).  The origin of the Proto-Germanic is uncertain but may be from the primitive Indo-European ster- (to broaden or stretch out), the application of which was “the parts of a shore that lies between the tide-marks” and it applied formerly also to river banks, hence The Strand in London, the name dating from 1246.

Françoise Hardy (b 1944), The Strand, London, 1966.

Historically, in Middle English it described things riparian, the use to refer to “individual fibres of a rope, string etc” or human hair first recorded circa 1500, probably from the Old French estran, from a Germanic source akin to the Old High German streno (lock, tress, strand of hair) from which is derived the Middle Dutch strene (a skein, hank of thread) and the German strähne (a skein, strand) of unknown origin.  The meaning "to drive aground on a shore" from which flowed the figurative sense of "leave lost or helpless" as of a ship left aground by the tide, was first recorded in 1837 and survives in the words stranded & stranding. Descendants of the Germanic root appear in many European languages including Hungarian, Romanian & Serbo-Croatian and it’s a not uncommon proper noun in the Nordic lands, both as a surname and locality name.

The stranded phrase

In linguistic anthropology, a stranded phrase is a once-popular saying that has fallen from use.  The idea is shared with economics where the term stranded asset is used to describe assets held which have been subject to a premature or unanticipated devaluation in their value, the most commonly quoted potential examples being vast, undeveloped coal-fields which decades ago were highly valued, to be capitalized over a productive life which might be forty or more years but which may shortly become worthless because of shifts in the market.  Phrases can fall from favor for structural reasons or just become unfashionable in the way something like “stone the crows” is archaic, stranded in the time of its popularity, sometimes surviving only as period pieces of an era.

The phrase bunny boiler is derived from the film Fatal Attraction (1987) in which an obsessive, spurned woman, in a fit of frenzied jealousy, boils in a pot the pet rabbit of her erstwhile lover's daughter.  The epithet was coined to refer to women unable to remain rational at the end of a romantic relationship and predictably, is only ever applied to women.  In pre-web times, variations in colloquial language tended to spread more slowly than those powered by the latter-day ubiquity of the net and “bunny boiler” seems not to have entered general use until 1994.  The USENET groups which maintain online archives of such things notes bunny boiler was not used on their (pre-web) platform and while there’s no reliable information about use on the web before 1994, given that non-academic use of the internet then was a tiny fraction of today, such data might anyway not be indicative of general use but nor are there more than a handful of instances in the archives of US and British newspapers before that date.  Indeed, the first recorded instance in print is from an interview the rabbit-slaughtering actress Glenn Close (b 1947) gave to the US magazine Ladies' Home Journal in December 1990 during which she observed "…there's nothing like portraying a psychopathic bunny-boiler to boost one's self-esteem”.  If that was the first publication, that’s a plausible reason why it took so long after 1987 to disseminate and it makes sense because the epithet isn't in the original dialogue or promotional material and nor does it appear in any contemporary review.

Despite that, some sources do say it pre-dates 1990 but provide no evidence and all agree it came into wider use only after 1994 when the web began to assist dissemination, a process similar to that described by epidemiologists to illustrate the progress of viruses which, if achieving critical mass, can become an epidemic… or worse.  Bunny boiler thus began to enjoy a rapidity of infection from 1994, use peaking between 1998-2003, then declining to become stranded in its era.  The explanation offered by etymologists is that too much time elapsed between the source in 1987, the origin of the phrase circa 1990 and the mid-decade adoption so it lacked the newness and novelty these things usually require; its historic moment had passed.  Still, for men it remains useful, any needy, possessive, clingy or even talkative woman can be labelled potential or suspected bunny boiler.

Strands of Lindsay Lohan’s hair in an array of colors.

The idea is of course not new.  For some reason, the (anyway incorrectly quoted) phrase “Hell hath no fury like a woman scorned” is often attributed to Shakespeare, possibly because it’s plausibly in his voice or maybe because for most the only time the Middle English “hath” is seen is in some Shakespearian quote so the association sticks.  The real author however was actually Restoration playwright William Congreve (1670–1729) who coined the phrase for his 1697 play The Mourning Bride, the protagonist of which, although becoming a bit unhinged by the cruel path of doomed love, doesn’t resort to leporidaecide.  Congreve’s line, “Heaven has no rage like love to hatred turned, nor hell a fury like a woman scorned” was good but actually was a more poetic rendition of a similar but less elegantly expressed version another playwright had used a year earlier.  The Mourning Bride is also the source of another fragment for which the bard is often given undeserved credit: “Music has charms to soothe a savage breast” although that’s often bowdlerized as “Music has charms to soothe a savage beast”.

Wet & Dry

Wet (pronounced whet)

(1) Moistened, covered, or soaked with water or some other liquid.

(2) In a liquid form or state.

(3) Something that is or makes wet, as water or other liquid; moisture.

(4) Damp weather; rain.

(5) In historic (US prohibition era) use, a person in favor of allowing the manufacture and sale of alcoholic beverages; still used as a descriptor of political candidates or activists in “dry” counties who advocate the status be changed to “wet” but now substantially a retronym.

(6) To make (something) wet, as by moistening or soaking (sometimes followed by through or down).

(7) To urinate on or in (applied usually to pets or children).

Pre 900: From the Middle English wet wett & wette (past participle of weten (to wet)), (wet, moistened), from the Old English wǣtan (to wet, moisten, water), replacing the Middle English weet, from the Old English wǣt, from the Proto-Germanic wētijaną (to wet, make wet), from the primitive Indo-European wed- (water, wet), also the source of “water”.  It was cognate with the Scots weit, weet, wat & wete (to wet), the Saterland Frisian wäitje (to wet; drench) & wäit (wet), the Icelandic væta (to wet) & votur (wet), the North Frisian wiat, weet & wäit (wet), the Old Frisian wēt, the Old Slavonic vedro (bucket), the Swedish and Norwegian våt (wet), the Danish våd (wet), the Faroese vátur (“wet”) and the Old Norse vātr; akin to water.  Wet is a noun, verb & adjective, wetter, wettability & wetness are nouns, wetly an adverb, wetted & wetting are verbs, and wettish, wetter, wettest & wettable are adjectives.  The noun plural is wets and the homophone whet (in accents with the wine-whine merger).

Words in some way related to wet include damp, drench, misty, drizzle, mizzle, humid, dank, fog, mist, muggy, rain, slippery, snow, soak, sodden, soggy, stormy, dip, douse, drench, hose, irrigate & liquid.  For all related words, context and the history of use define the relationship (of extent, type etc).  For example, to drench or soak something implies saturate whereas moistening means only some degree of dampness whereas to soak something suggests an immersion of extended duration until saturated.  With reference to rain, which can always be referred to as wet weather, mizzle & drizzle are expressions of graduation which suggest a lighter fall.

The multi-media US personality Ye (the artist formerly known as Kanye West (b 1977)) with Australian architect & model Bianca Censori (b 1995) in "Wet" themed top, Huacai Intercontinental Hotel,Beijing, China, September 2024.

The word wet has proved convenient shorthand for many technical purposes including in calligraphy and fountain pens where it referred to depositing a large amount of ink from the nib or the feed.  To audio engineers, a “wet sound” recording is one to which the audio effects have been applied.  In aviation, it’s a reference to having used the afterburners or water injection for increased engine thrust (maximum wet thrust can be more than twice maximum dry thrust (afterburners consuming huge quantities of fuel)).  In mining a “wet extraction” is a method using fluids whereas a dry extraction relies on the employment of dry heat or fusion.  In soldering, to wet is to form an intermetallic bond between a solder and a metal substrate.  In bench-top science, to wet is to employ a liquid (typically water) as a method of chemical analysis.  A wetback (also called a wet-heater) was a form of heater which in addition to radiating heat to an external space was also attached to the building’s hot water supply, thus providing in whole or in part the energy used to maintain its temperature (wetback was applied also from 1924 as a derogatory description of undocumented Mexican immigrant to the US, a reference to their usually sodden state after crossing the Rio Grande.  There presumably have been bed-wetters (involuntary urination while sleeping) since there have been beds but etymologists can find no instance of the term bed-wetting prior to 1844 (it has also gained an idiomatic identity in politics (qv)).  In ecology, a wetland is an area where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season.  The wet-nurse, though an ancient profession, was first so described in the 1610s.

As vulgar slang, as applied to women, it referred to the sexual arousal indicated by the vulva being moistened with vaginal secretions (which may or may not be related to the word “moist” being often rated as the most disliked in the English language).  The sexual slang associated with men is the “wet dream” which most etymologists insist dates only from 1851 although Middle English in the same sense had ludificacioun (an erotic dream), these nocturnal adventures mentioned by Henry VIII in letters as proof of his virility, called into doubt by his inability to be aroused by one of the wives he didn’t wish to keep.

Wet is widely applied in idiomatic use: To be “wet behind the ears” is to be inexperienced; a “wet blanket” (from 1871, from use of blankets drenched in water to smother fires (the phrase is attested in this literal sense from the 1660s)) is someone who spoils the fun of others by failing to join or disapproving of their activities; to “wet one's whistle” is to have one or more alcoholic drinks, an allusion to the idea intoxicants stimulate sociability; in politics a “bed wetter” is a politician who reacts nervously to every passing vicissitude, the label usually applied by those with safe seats to those holding marginal electorates; to be “all wet” is (1) to be mistaken or (2) a really bad idea, both used since the early 1920s (thought built on the earlier sense of “ineffectual”, perhaps ultimately from the circa 1700 slang meaning "drunken"; in computing there’s hardware and software and those working in AI (artificial intelligence) refer to the human brain as wetware; In crime and espionage, wet-work is a euphemistic reference to jobs involving assassination and known also as a wet affair, a wet job & wet stuff, all phrases alluding presumably to other people’s blood.  In historic UK slang, a wet was someone thought ineffectual, feeble or with no strength of character, a weak or sentimental person (although this use faded as the specific political construction (qv) which emerged in the 1980s prevailed.

Dry (pronounced drahy)

(1) Free from moisture or excess moisture; not moist; not wet.

(2) In climatic matters, having or characterized by little or no rain.

(3) Characterized by absence, deficiency, or failure of natural or ordinary moisture.

(4) Not under, in, or on water.

(5) Not now containing or yielding water or other liquid; depleted or empty of liquid.

(6) In dairying and other forms of animal-based milk production, a beast not yielding milk (also used by analogy for oil wells).

(7) The absence of lachrymosity, free from tears.

(8) Drained or evaporated away.

(9) Desiring drink; thirsty; causing thirst.

(10) A food (typically toast) served or eaten without butter, conserves (jam, jelly), honey etc.

(11) Of food, lacking enough moisture or juice to be satisfying or succulent.

(12) Of bread and bakery products, stale.

(13) Of or relating to non-liquid substances or commodities (usually as dry goods, dry measure; dry provisions etc).

(14) Of wines (though now also used of beer, cocktails and other beverages), not sweet.

(15) Characterized by or favoring prohibition of the manufacture and sale of alcoholic liquors for use in beverages (mostly prohibition-era US but still a term used in political debates in “dry” counties).

(16) As a general descriptor, anything plain; bald; unadorned; something expressed in a straight-faced, matter-of-fact way.

(17) Dull; uninteresting:

(18) Indifferent; cold; unemotional.

(19) An unproductive period.

(20) Of lumber, fully seasoned.

(21) Of masonry construction, built without fresh mortar or cement.

(22) Of a wall, ceiling, etc in an interior, finished without the use of fresh plaster.

(23) In ceramics unglazed (if deliberate) or insufficiently glazed (if in error).

(24) In art, hard and formal in outline, or lacking mellowness and warmth in color.

(25) To make something free from moisture (or with its moisture substantially reduced.

(26) Something tedious, barren, boring, tiresome, jejune.

(27) Of wit, shrewd and keen in an impersonal, sarcastic, or laconic way.

(28) In sheep farming, a ewe without a lamb after the mating season

(29) In electronics, an imperfectly soldered electrical joint (where the solder has not adhered to the metal), thus reducing conductance

(30) In food preservation, to preserve (meat, vegetables, fruit etc) by removing the moisture.

(31) In chemistry as anhydrous, free from or lacking water in any state, regardless of the presence of other liquids.

(32) In audio engineering, a sound recording free from applied audio effects (especially reverberations).

(33) In animal breeding, an impotent male beast (applied especially to bulls).

(34) In the rituals of certain Christian denominations, of a mass, service, or rite: involving neither consecration nor communion.

In acting (especially on stage, to forget one’s lines.

Pre 900: From the Middle English drye, dryge, drüȝe & drie (without moisture, comparatively free from water or fluid), from the Old English drӯge, from the Proto-Germanic draugiz (source also of the Middle Low German dröge, the Middle Dutch druge, the Dutch droog, the Old High German truckan & trucchon, the German trocken and the Old Norse draugr), from the Germanic root dreug- (dry), from the primitive Indo-European dherg (to strengthen; become hard), from dher (to hold, support).  Dry is a noun, verb and adjective, dryable, drier, driest, dryer (or dryest) are adjectives, dryly an adverb, dries, drying & dried are verbs and dryness is a noun.  The noun plural is drys or dries; the spelling drie is long obsolete.

The meaning "barren" dates from the mid fourteenth century.  As applied to “persons showing no emotion, use emerged circa 1200; of humor or jests (delivered without show of pleasantry, caustic, sarcastic), it’s of early fifteenth century origin (and implied in dryly).  The sense of "uninteresting, tedious" was from the 1620s.  Of wines, brandy etc which were "free from sweetness or fruity flavor", use dates from circa 1700.  Dry was first used of places prohibiting alcoholic drink in 1870 (although, ad-hoc, there had been “dry feasts” & “dry festivals” at which no alcohol was served since the late fifteenth century and the colloquial dry (prohibitionist) entered US political slang in 1888.  Prior to and during the prohibition era in the US, the “drys” were those who supported prohibition and in the isolated counties in the US where it’s still imposed, they remain a (local) political force.  Dry goods, first so named in the 1560s were those dispensed in dry, not liquid, measure.  Dry land (that not under the sea) as a concept (first in the law of real property) was from the early thirteenth century.  The dry-nurse (a back formation from wet-nurse) was “one who attends and feeds a child but does not suckle it", use dating from the 1590s.  The dry-run (rehearsal) dates from 1941 and was adopted by the military and just about everyone else dates from 1941.  Dry ice "solid carbon dioxide" became available in 1925.  Dry out in the drug addiction sense is from 1967.

The first process of dry-cleaning (to clean clothes or textiles without using water) appears to have been advertised first in 1817.  The long-known "fungal decay in timber" was in 1779 first described as dry rot, the figurative sense of "concealed or unsuspected inward degeneration" dating from 1821.  As a hair-drying device, the first use of blow-dry appears to be a surprisingly late 1971.  The process of preserving vegetables as freeze-dried was a wartime development in the US, first announced as a patented commercial process in 1946, the earlier sun-dried documented since the 1630s although the technique dates from early human culture.  The dry sense of humor (with apparent unintentional humor or sarcasm) was noted first in the early fifteenth century, dryly meaning "without moisture" in the 1560s and "without affection" by the 1620s.  The drywall (plasterboard, sheetrock; gypsum-based manufactured panel used in interior construction) was first sold in 1952, the earlier use (1778) of dry wall meaning (a wall built without mortar).  A drier (used since the early fourteenth century as a surname) as “one who dries and bleaches cloth," agent noun from the verb dry (that which dries or is used in drying), dated from the 1520s.  Dryer was used to describe a piece of machinery in 1848 although the first drying-machine appears to have entered service as early as 1819.

Wet & Dry

Wet and dry must be one of the most obvious and commonly cited dichotomies in English and there are a number of noted examples.

Perilli's Dry, Intermediate and Wet tyres for use in Formula One.

In motorsport, there are wet and dry tyres, the former (obviously) used when the track is wet and the latter (also called “slicks”) when the surface is dry.  There are also various flavors of “intermediate tread” tyres for conditions which are damp rather than wet.  The difference is that dry tyres have no tread (the grooves cut into the contact surface) pattern, the purpose of which is to provide passages into which the water is forced to be expelled at the sides.  In the early 1970s, there were competitions with rules which demanded the use of street tyres (ie those used on street cars as opposed to racing rubber) and some drivers discovered a unique property of BF Goodrich’s square-shouldered T/A Radial was that if the tread was (in advance) carefully worn down to a certain point, it would behave much like a slick and last long enough not to have to be replaced for the duration of most races (or until fuel-stop sessions in endurance events).

In the law of real property, there are wet and dry leases, typically issued in conjunction when handling riparian property.  The leases are often divided because it’s not uncommon for the one commercial operation to have part of a business on land and part on water (such as a marina or docking facility) and being very different, may have different operators.  It’s thus normal commercial practice for a head-lessor (perhaps a hotel operator) to enter into both a dry lease (for the hotel property on land) and the wet lease (for whatever happens on the water) and then sub-lease the wet lease to someone with the appropriate expertise.

Wet and dry sandpaper is the tip of the sanding iceberg.  Wet sanding, which is sanding with the addition of water to act as a lubricant, is less abrasive than dry sanding, and results in a smoother finish and whenever possible, it’s best to wet-sand when finishing a project.  Dry sanding removes more material, and smooths rough material more quickly and if the ultimate in smoothness isn’t required, is the choice of many.  So, wet sand for a super smooth finish but the two are of course frequently combined, dry sanding first to remove most of the unwanted material before wet sanding.

Lindsay Lohan in Cynthia Rowley wetsuit.

In diving, wetsuits and drysuits use different engineering but operate on a similar principle.  Wetsuits use a layer of water (heated by the wearer's body) to provide insulation while a drysuit uses a layer of air and is completely water-proof, stopping water from coming into contact with the skin.  Wetsuits are made from rubber neoprene and are designed so the diver’s body heat is retained but, unlike drysuits, are not waterproof.  For that reason, a loose fitting wetsuit is suitable only for warm-water conditions; skin-tight wetsuits are ideal for cold water surf because they are warm and permit more movement than drysuits.  Where the drysuit excels is in predominately out-of-water conditions such as kayaking, paddle-boarding or water-based photography.  For extreme winter conditions a drysuit is really the only choice because for warmth, additional layers can be added beneath the suit, something not possible with a wetsuit.

In northern Australia, the concepts of spring, summer, autumn (fall) & winter really don’t make climatic sense the way defined seasons do in more temperate regions.  Instead, there’s just the wet and the dry.  The dry is long and hot, rain is rare and towards the end of the dry there is the “build-up” which unfolds over a month or more as the air becomes warmer and heavier, the clouds in the evenings begin to darken and the humidity becomes increasingly oppressive.  Locals call it the period of mango madness because as the fruit ripens, emotional instability is apparent in some, mood swings induced by the inexorable rise in heat and humidity.  The wet usually begins in late November or early December and is marked by heavy monsoonal downpours, spectacular lightning, increased cyclone activity and a rise in crimes of violence.

Makita 20 litre Wet Dry Vacuum Cleaner 1000W.

Wet and dry vacuum cleaners are devices regarded with some awe because we’re all schooled to take care to ensure water is kept way from electrical appliances yet the manufacturers of these things encourage us to suck water into them.  They’re obviously of great utility in handling wet floors or sodden carpets but can be used anywhere where something wet is the problem and suction the answer such as cleaning hot tubs or removing surface condensation.

During the 1980s, in the corrosive, gut-wrenching world of Tory politics, the factions became not quite formalized but certainly well-understood as the “wets and drys”.  The origin lay in the use of the term “wet” which the right-wing fanatics (of which there were a few in the Thatcher government) applied to their less hard-line colleagues (defined as those not in favor of repealing the twentieth century).  Wet was an old term of derision in historic UK slang, someone thought ineffectual, feeble or with no strength of character, a weak or sentimental person.  In an effort to retaliate, the wets labelled the fanatics “the drys” but this backfired because the drys loved the idea and were soon describing themselves thus' presumable because while "a bit wet" had long been an insult, "dry humor" had always been thought clever and sophisticated.