Naiad

Naiad (pronounced ney-ad, ney-uhd or nahy-ad)

(1) In Classical Mythology, a nymph (a female deity) dwelling in (in some stories “presiding over”) a lake, river, spring or fountain.

(2) In entomology, aquatic larva or juvenile form of the dragonfly, damselfly, mayfly and related insects.

(3) In botany, any monocotyledonous submerged aquatic plant of the genus Naias (or Najas), having narrow leaves and small flowers (of the family Naiadaceae (or Najadaceae) and also called the water nymph.

(4) In malacology, any of certain freshwater mussels of the genus Unio.

(5) In informal use, a female swimmer, especially a young, expert one.

Circa 1600: From the Latin Nais, Naias & Nāïad- (stem of Nāïas, genitive naiadis), from the Ancient Greek Nāïás (plural Naiades) (a water nymph) and related to νάω (náō or náein) (to flow), from the primitive Indo-European naw-yo-, a suffixed form of snau & nau- (to swim, flow, let flow (from the primitive Indo-European root sna- (to swim).  The English poet, literary critic, translator and playwright John Dryden (1631–1700) used the Latin singular form Nais; In English, the plural form Naiades was in use as early as the late fourteenth century and the use of the initial capital was inconsistent, something not unusual in Middle and early Modern English .  Naiad is a noun; the noun plural is naiads or naiades.

The companion term (in the sense they were often riparian (growing on the bank of a river or stream)) was dryad (a female tree spirit), from the Old French driade (wood nymph), from the Latin Dryas & Dryadis, from the Ancient Greek Δρυάς (Druás) (dryad), from δρῦς (drûs) (oak), from the primitive Indo-European derew & derewo- (tree, wood) and related to the primitive Indo-European dóru (tree).  The niads should not be confused with the Nereids (plural Nereids or Nereides).  In Greek Mythology, Nerids were one of 50 sea nymphs who were attendants upon Poseidon (Neptune); they were represented riding on sea horses, sometimes in human form and sometimes with the tail of a fish.  In zoology, nerid is an alternative form of nereidid (any polychaete worm of the Nereididae).  Nereid was from the stem of the Latin Nērēis (sea-nymph), from the Ancient Greek Νηρηΐς (Nērēḯs), from Νηρεύς (Nēreús) (the sea-god Nereus).

Fuchsia Water Nymph.

The Naiads were water nymphs who, although very long-lived, were mortal, a physiology not unique among the deities of Classical Mythology and although the Naiads incarnate the divinity of the spring or stream which they inhabited, a waterway could be the home to more than one of the nymphs; presence did not confer an exclusivity of dominion.  As is typical of the myths, the stories often are inconsistent for although Homer said the Naiads were the daughters of Zeus, elsewhere they’re described as daughters of the waters in which they dwell.  The daughters of Ασωπός (Asopus) were Naiads.  Asopus (Ασωπός) was the god of the river Asopus and (the family tree is typically murky and varies with the source) was either son of Poseidon & Pero, of Zeus & Eurynome or of Oceanus & Tethys.  He married Metope, the daughter of Ladon, fathered two sons (Ismenus and Pelagon) and an impressive 20 daughters although The Greek historian of the first century BC, Διόδωρος (Diodorus of Sicily) listed the names only of a dozen (Corcyra, Salamis, Aegina, Pirene, Cleone, Thebe, Tanagra, Thespia, Asopis, Sinope, Oenia (or Ornia) and Chalcis.  Confusingly Asopus is in other places mentioned as the said to be the father of Antiope and Plataea (that genealogy contested by other authors), after whom the city Plataea is named.  Plataea was a city-state in Boeotia at the foot of Mount Cithaeron, between the mountain and the river Asopus (which divided its territory from that of Thebes).  The modern Greek town of Plataies is adjacent to its ruins.

Led astray by freshwater sirens: Hylas and the Nymphs (1896), oil on canvas by the aptly named John William Waterhouse (1849–1917), Manchester Art Gallery, England.  Ύλας (Hylas) would not long live to enjoy his flirtation with a pack of Naiads.  Much taken by his beauty, the naiads lured the youth to the water for their pleasure, after which, according to the Roman Poet Ovid (Publius Ovidius Naso; 43 BC–17 AD), they drowned him; at the least, that suggests ingratitude.  Hylas may have died content but that's not something on which Ovid dwelt.

In theory, there shouldn't be a river or spring without at least one naiad but the storied ones were those associated with famous waterways and many of the nymphs had adventures (not always welcome) with the good, great and ghastly.  At Syracuse dwelt the beautiful Αρέθουσα (Arethusa; all nymphs were beauties but Arethusa was a supermodel among the breed), a companion of Αρτεμις (Artemis) who was identified by the Romans with Diana.  Some said she was the daughter of Demeter, but in most stories she was the twin sister of Apollo, their parents being Zeus and Leto.  One day, while swimming in the river (something which, unsurprisingly, the Naiads often did), Arethusa realized she wasn’t alone when she heard the voice of Alpheus, the god of the river, whose crush on her had developed into a passion which included stalking her.  Pursued by the lustful god, the nymph fled, crying out for Artemis to save her from what she knew would be an awful fate.  Artemis surrounded her in a concealing fog but Alpheus refused to leave the place where the mist swirled and in fright, Arethusa turned into a fountain.  In the way the myths handle the physics of such circumstances, the earth opened up to prevent Alpheus mingling his own waters with those of the spring which Arethusa had become, and, guided by Artemis, Arethusa went through underground channels to Syracuse, on the Island of Ortygia (which is dedicated to Artemis).  This Hellenistic myth is preferred by most but another version of the attempted sexual assault involves Αλφειός (Alpheus, (another river god)) which differs only in detail.

Lindsay Lohan, as a Naiad, surfacing from her spring.

The Naiads were often claimed to possess powers of healing and the notion of “curing waters” persists into the twenty-first century; although some of this is quackery there is a scientific basis in some cases and the origin of the use of lithium as an early anti-depressant was physicians in Ancient Greek noting the drinking of waters from a certain place “cured men of melancholy”.  Those waters turned out to have a pharmacologically significant lithium content.  However, not all naiads could be used so efficaciously because bathing in certain springs or rivers could be considered sacrilegious, even if it was someone exulted taking a dip.  Nero (Nero Claudius Caesar Augustus Germanicus (37-68; Roman emperor (and the final emperor of the Julio-Claudian dynasty) 54-68)) was attacked by fever and some sort of partial paralysis and after bathing in the source of the Aqua Marcia and the Roman scuttlebutt was he’s incurred the displeasure of the Naiads, something which brought Nero’s subjects some delight.  Clearly, one upset a Naiad a one’s own risk because it was said also they could visit madness upon those who laid eyes on them, the nymphs possessing the mortal spirit of a transgressor and driving them to insanity.  For this reasons, travelers were warned (the Trip Advisor concept is not new) Naiads were particularly numerous in the Péloponnèse, a place of many waterways.

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 turquoise vinyl (left) and 1974 Imperial LeBaron four-door hardtop (left) in chestnut tufted leather though not actually “fine Corinthian leather” which was (mostly) exclusive to the Cordoba (1975-1983) until late 1975 when not only did the Imperial's brochures mention "genuine Corinthian leather (available at extra cost)" but for the first time since 1954 the range was referred to as the "Chrysler Imperial", a harbinger the brand was about to be retired.  Imperial's advertising copy noted of the brochure photograph above: “...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.  While all of the big three (GM, Ford & Chrysler) had tufted interiors in some lines, it was Chrysler which displayed the most commitment to the motif.

Rear bench seat in 1963 Chrysler 300J.

The 1963 Chrysler 300J was the rarest (ie the one which sold least) of the eleven “letter-series” cars (1955-1965) and whether or not related to its performance in the market, one thing which at the time attracted comment was a rear bench seat replacing the eye-catching twin buckets and full length console which had for three seasons appeared in its predecessors (300F, 300G & 300H).  In 1963, the industry, chasing volume & profits, had begin the process of “de-contenting” their cars, either ceasing the availability of stuff expensive to make or install or moving such items to the option list; by the late 1960s even Cadillac would be afflicted.  The Chrysler “letter series” 300s had begin in 1955 with what many had assumed was a one-off high-performance model created by mixing & matching trim from the Imperial line (newly that year established as a stand-alone marquee) as well as tuning the mechanical components for speed.  Existing initially to homologate stuff for use in competition, not only did the C-300 sell in a pleasing volume but it was such a success as a image-building “halo car” the model was retained for 1956 and dubbed 300B with a further nine annually following until the end of the line in with the 300L 1965, each release appending as an identifier the next letter in the alphabet (thus 300C, 300D etc).

Much more swish: Rear bucket seats in 1961 Chrysler 300G.

However, as well as the dubious distinctions of being the least popular and being the only one the series between 1957-1965 not to be offered as a convertible, the 300J represents a quirk in the naming sequence, Chrysler skipping the letter “I”.  That was done for the same reason there are so few “I cup” bras, the rationale being “I” might be confused with the numeric “1” so most manufacturers go straight from “H cup” to “J cup” although some plug the gap with a “HH cup” and there are even those who stop at “G”, handing incremental increases in volume with “GG” & “GGG” cups; it does seem an industry crying out for an ISO.  There’s no evidence Chrysler ever pondered a “300HH”.  Like Chrysler and most bra manufacturers, the USAF (US Air Force) also opted to skip “I” when allocating a designation for the updated version of the Boeing B-52 Stratofortress (1952-1962 and still in service).  Between the first test flight of the B-52A in 1954 and the B-52H entering service in 1962, the designations B-52B, B-52C, B-52D, B-52E, B-52F & B-52G sequentially had been used but after flirting with whether to use B52J as an interim designation (reflecting the installation of enhanced electronic warfare systems) before finalizing the series as the B-52K after new engines were fitted, in 2024 the USAF announced the new line would be the B-52J and only a temporary internal code would distinguish those not yet re-powered.  Again, “I” was not used so nobody would think there was a B521.

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 (Rwanda, 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 archaeological 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.  Where there were profits to be had, commerce was a great supporter of DEI (diversity, equity & inclusion), long before the concept was imposed by governments.

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).

A cluster of mall rats.

Relic & Relict

Relic (pronounced rel-ik)

(1) A surviving memorial of something past; something that has survived from the past, such as an object or custom.

(2) An object having interest by reason of its age or its association with the past; something kept in remembrance; souvenir; memento.

(3) A surviving trace of something.

(4) Remaining parts or fragments.

(5) In ecclesiastical use in Christendom, (especially in the Roman Catholic and Greek churches) the body, a bone or other body part, or some personal memorial of a saint, martyr, or other sacred person, preserved as worthy of veneration.

(6) In linguistics, a once widespread linguistic form that survives in a limited area but is otherwise obsolete.

(7) In informal use, an old or old-fashioned person or thing, a survivor from a bygone era.

(8) The remains of a dead person; a corpse (largely archaic and usually in the plural).

(9) In ecology a now less common term for relict.

1175–1225: From the Middle English relik (a body part or other object held in reverence or affection due to its connection with a holy person), from the Old French relique & relike (the eleventh century plural was reliques), from the Old English reliquias, the construct being reliqu(us) (remaining) + -iae the plural noun suffix), from the Late Latin reliquiæ (plural) (the remains of a martyr (although in Classical Latin it had meant “remains; remnants”)), noun use of the feminine plural of reliquus (remaining, that which remains), from relinquō (I leave behind, abandon, relinquish), the construct being from re- (back, backwards; again) the prefix added to various words to indicate an action being done again) + linquō (I leave, quit, forsake, depart from), and related to relinquere (perfective reliqui) (to leave behind, relinquish, forsake, abandon, give up), from the primitive Indo-European linkw-, a nasalized form of the root leikw- (to leave).  The Old English reliquias was a direct borrowing from Latin.  The noun reliquary (receptacle for keeping relics, often small enough to be carried on the person) dates from the 1650s, from the fourteenth century French reliquaire.  The noun plural was relics and the obsolete spellings were relick & relique.  The third-person singular simple present was relics, the present participle relicing or relicking and the simple past and past participle reliced or relicked).

The now familiar general sense of "remains, remnants, that which is left after the loss or ruin of the rest" dates from the early fourteenth century whereas the meaning "something kept as a souvenir, a memento" didn’t emerge until circa 1600.  By the 1590s, the word had, in conversational use, developed the weakened sense of "anything made interesting by its association with the distant past and ten years earlier had come also to describe "surviving trace of some practice, idea etc, a use which later (by 1809) influenced the specific use in history & anthropology: “relic of barbarism” the “survival of a (bad) old custom or condition."  Other words used in this context includes antique, antiquity, artifact, curio, evidence, fragment, keepsake, memento, monument, remains, remnant, souvenir, archaism, curiosity, heirloom, memorial, remembrance, reminder, residue & ruins.

Relict (pronounced rel-ikt)

(1) In biology & ecology, a species or community of animals or plants that exists as a remnant of a formerly widely distributed group in an environment different from that in which it originated (usually as a modifier (eg a relict fauna)).

(2) In geology, a mineral that remains unaltered after metamorphism of the rock in which it occurs.

(3) In geomorphology, a landform (a mountain, lake, glacier etc) formed by either erosive or constructive surficial processes that are no longer active as they were in the past.

(4) A remnant or survivor (rare).

(5) The surviving member of a married couple after one or the other has died; a widow or widower (although in practice the word was only ever applied to widows and is now archaic).

(6) In linguistics, a surviving archaic word, language or other form (technically slightly different from a relic (qv) but in casual use both are often used interchangeably.

(7) In the law of real property, the gradual recession of water from its usual high-water mark so that the newly uncovered land becomes the property of the adjoining riparian property owner.

1525–1535: From the Middle English relicte, from the Medieval Latin relicta (widow), noun use of feminine of the Latin relictus, past participle of relinquere (to relinquish).  Relicte in the sense of a widow, etymologically is "one who is left, one who remains", from the Old French relict (feminine relicte) (person or thing left behind (especially a widow)) and directly from the Medieval Latin relicta (a widow), noun use of feminine of relictus (abandoned, left behind), past-participle adjective from the Latin relinquere (leave behind, forsake, abandon, give up),

Relict came so often to be confused with relic that by 1926, Henry Fowler (1858-1933) noted in his Dictionary of Modern English Usage it had become a word seldom used except in legal documents when referring to a widow (and only lawyers would find the word “widow” unsuitable) and was thus "more often seen than heard", its place as an adjective in Middle English and early modern English (originally "left undisturbed or untouched, allowed to remain" (although used in various senses) long supplanted by relic.  As a technical word in biology, zoology and geology, it remains useful; the noun plural was relicts.

Print of original Heiltumsblätter (woodcut; circa 1496) of the relics of the Holy Roman Empire by Hans Spoerer of Nuremberg, hand-colored, printer's ink on paper, donated to the British Museum in 1916.

In the great cities of the Holy Roman Empire, there were publishers which offered entire relic-books but, parchment and even paper being expensive, as an alternative, pilgrims could purchase Heiltumsblätter (woodcut) reproductions of relics associated with a particular church or shrine.  The single-leaf woodcut illustrating the relics of the relics of the Holy Roman Empire was first printed circa 1480 with a second run of hand-colored versions offered in 1496 and as well as being used for private devotion, being large-scale they could be displayed in public places like churches, where they performed a similar function to indulgence announcements.

The Heiltumsblatt illustrating the relics of the Holy Roman Empire included pieces of the True Cross, thorns from Christ's crown, along with the sword, robe and scepter of Charlemagne (747–814; first Holy Roman Emperor 800-814).  The imperial collection also featured the Holy Lance that tradition stated was used by Longinus to pierce Christ's side after his death; this was a highly prized possession, since it was one of the few contact relics associated with Christ who was said to have left behind no bodily relics.  In 1423, Sigismund of Luxembourg (1368–1437; Holy Roman Emperor 1433-1437) bequeathed the Lance to Nuremberg for safekeeping, where it became the centerpiece of the Heiltumsweisung (sanctuary).  The Holy Lance's size in the woodcut is one indication of its importance, although this was not a mere effect of representation, for its makers claimed that this was a "true copy" of the Lance, which measures 508 x 79 mm (20 x 3.1 inches).