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Saturday, January 24, 2026

Contempt

Contempt (pronounced kuhn-tempt)

(1) The feeling with which a person regards anything (or anyone) considered mean, vile, or worthless; disdain; scorn.

(2) The state of being despised; dishonor; disgrace.

(3) An act showing such disrespect.

(4) In most legal systems, willful disobedience to or open disrespect for the rules or orders of a court contempt of court or legislative body; punishable by being cited for “contempt of court”.

(5) In chess engines (the software used in chess games), as an ellipsis of “contempt factor”, a setting that modifies how much an engine values a draw versus a win or loss, making it play more aggressively or defensively based on perceived opponent strength.  The idea is to encourage interesting games by making engines avoid draws against weaker foes or seek them against stronger ones.

1350–1400: From the Middle English contempnen, from the Anglo-French contemner, from the Old French contempt & contemps, from the Latin contemptus (despising, scorn), a noun derivative of contemnere, from contemnō (I scorn, despise).  It displaced the native Old English forsewennes.  The late fourteenth century meaning was “an open disregard or disobedience (of authority, the law etc)” while the general sense of “act of despising; scorn for what is mean, vile, or worthless” was in use by at least circa 1400.  In Latin, there was also the feminine contemptrix (she who despises).  In the technical sense, the codified offence of “contempt of court” (open disregard or disrespect for the rules, orders, or process of judicial authority) dates only from the early eighteenth century but the variants of the concept have been in use almost as long as there have been courts.

Unusually (in terms of construction), the phrase “beneath contempt” really means “extremely contemptible”.  In idiomatic use, “familiarity breeds contempt” suggests “a prolonged closeness or exposure or a profound knowledge of someone or something often leads to diminished respect or appreciation” and a particular form of that is associated with Frederick the Great (Frederick II, 1712–1786, King of Prussia 1740-1786) who observed: “The more I learn of the character of men, the more I appreciate the company of dogs”.  The term “contempt trap” comes from the burgeoning discipline of “relationship studies” (romantic, social or political) and describes situations in which individuals view others as worthless, leading to toxic communication, disconnection, and resentment.  It's a psychological trap where partners or groups focus on flaws, creating a downward spiral in which the “issues fuel themselves”; the best strategy is said to be “empathetic niceness” but, in the circumstances, this can be easier said than done.

The familiar “contempt of court” (plural contempts of court) is conceptually similar to the offences “Contempt of Parliament” & “Contempt of Congress” (ie the act of obstructing the work of a legislative body or one of its committees) and, at law, the noun contemnor describes a party who commits or is held in contempt of a court or legislative body.  The offence is one in which there’s held to have been open disrespect for or willful disobedience of the authority of a court of law or legislative body, typically punishable by such sanctions as a fine or incarceration.  The nature of these punishments varies widely and especially minor transgressions are involved, the penalty can vary from judge to judge; one might ignore the slight while another might send the offender to a cell for a few hours.  The noun & adjective contemptive is rare and used in linguistics to mean “of or pertaining to, or creating a word form denoting the negative attitude of the speaker”.  The negative adjectival form is uncontemptible and incontemptible does not exist although there may be a use for both among those who cherish fine nuances, the former used to mean “not able to be held in contempt”, the latter “incapable of being held in contempt”.  The alternative spellings cōtempt & cõtempt are obsolete.  Contempt, contemnor, contemptibleness, contemptuosity, contemptuousness & contemptibility are nouns, contemptive is a noun & adjective, contemptible & contemptuous are adjectives and contemptibly & contemptuously are adverbs; the noun plural is contempts.

Contempt of Congress

Early in January, 2026, counsel for Bill Clinton (b 1946; US president 1993-2001) and his wife crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) announced they were refusing to comply with a subpoena demanding congressional testimony in matters relating their relationships with disgraced financier and convicted sex offender Jeffrey Epstein (1953–2019 who died in custody while awaiting trial on additional offences; it was determined to be suicide).  The former president and first lady were served the subpoena by the Republican-led House oversight committee which is reviewing the government’s handling of “the Epstein matter”.  As part of their combative statement, the couple also launched an attack on the Republican Party and Donald Trump (b 1946; US president 2017-2021 and since 2025). 

Bill & crooked Hillary Clinton.

In response, committee chairman James Comer (b 1972, Republican-Kentucky) said he would move to hold the pair “in contempt of Congress”.  That was prompted by counsel’s letter which described the subpoenas as “invalid and legally unenforceable, untethered to a valid legislative purpose, unwarranted because they do not seek pertinent information, and an unprecedented infringement on the separation of powers”.  According to the Clintons (both trained lawyers), the committee’s demand they testify (under oath, thereby being compelled to tell the truth) “runs afoul of the clearly defined limitations on Congress’ investigative power propounded by the Supreme Court of the United States”, to which they added “it is clear the subpoenas themselves – and any subsequent attempt to enforce them – are nothing more than a ploy to attempt to embarrass political rivals, as President Trump has directed”.  As well as threatening the pair with being held in contempt of Congress, Mr Comey informed the press: “I think it’s important to note that this subpoena was voted on in a bipartisan manner by this committee.  This wasn’t something that I just issued as chairman of the committee.  No one’s accusing Bill Clinton of anything, any wrongdoing.  We just have questions, and that’s why the Democrats voted along with Republicans to subpoena Bill Clinton.”  Even some Democrats supported the subpoena, one on the oversight committee saying: “Cooperating with Congress is important and the committee should continue working with President Clinton’s team to obtain any information that might be relevant to our investigation.

The Clintons didn’t much dwell on fine legal or constitutional points, preferring to attack the congressional Republicans for their obsequious acquiescence to the president (not so much the MAGA (Make America Great Again) agenda as to Mr Trump personally) including their support of hardline immigration enforcement, the recent killing of a US citizen in Minnesota by an ICE (Immigration and Customs Enforcement) agent and the president’s pardoning of January 6insurrectionists”.  Bringing the Republicans’ cruel agenda to a standstill while you work harder to pass a contempt charge against us than you have done on your investigation this past year would be our contribution to fighting the madness”, the Clintons wrote.  So, the Clintons are running a political campaign in an attempt to solve their latest legal problem and this time they’re putting things in quasi-Churchillian phrases, asserting: “Every person has to decide when they have seen or had enough and are ready to fight for this country, its principles and its people, no matter the consequences.  For us, now is that time.  Clearly crooked Hillary feels her finest hour is upon her but students of her past will variously be amused or appalled at the suggestion she’d do something as a matter of principle rather than base self-interest but she persists in claiming the consequences of refusing to comply with a valid congressional subpoena are “a politically driven process” designed “literally to result in our imprisonment.

HRC: State Secrets and the Rebirth of Hillary Clinton by Jonathan Allen (b 1975) & Amie Parnes (b 1978).  As an acronym HRC can, inter alia, mean “Hillary Rodham Clinton”, “Hazard Risk Category” (science, medicine, engineering etc) or “High-Risk-of-Capture” (US DoD (Department of Defense, known also as Department of War)).  Pleasingly, CHRC can mean “Crooked Hillary Rodham Clinton” or “Criminal History Records Check”.

The “politically driven” argument has before been used by those seeing to avoid answering questions under oath, but despite that former Trump advisor Peter Navarro (b 1949) was in 2023 convicted of contempt of Congress for failing to provide documents and testify about the 2020 election and the Capitol riot.  He also (unsuccessfully) cited executive privilege but that too was rejected; he was jailed for four months.  So the claim a prosecution is a “political weaponization” of the justice system can’t stop a valid legal action like a citation of contempt and Steve Bannon (b 1953 and also a Trump-related figure) served four months in jail for defying a subpoena from the House January 6 committee.  The courts also seem to view such matters as black letter law; on appeal, Mr Navarro’s attempt to stay out of jail while he appealed his conviction was declined while a federal judge rejected a stay on Mr Bannon’s imprisonment and revoked bail.  According to a ruling from the US Court of Appeals for the DC Circuit, witnesses who “willfully refuse” to comply with valid congressional subpoenas can be punished, regardless of the excuse.  As a general principle, it seems to be thought an offence of absolute liability.

In mid January, a Republican-led House panel recommended Bill & crooked Hillary Clinton be found in contempt of Congress; although the pair had offered “to co-operate with the House Oversight Committee, that did not extend to answering questions under oath (ie, by implication, “telling the truth”).  The committee conducted separate votes on what technically were two cases, voting 34-8 to cite Bill Clinton for contempt while the vote on crooked Hillary Clinton was 28-15; As predicted, all 25 Republicans backed the recommendations to cite for contempt and the degree of support from the Democratic members is an indication of the public & press pressure now being applied as a result of suspicions there are rich and well-connected individuals whose involvement with Jeffrey Epstein is being “covered up”.  In the US, the lessons from the Watergate scandal have never been forgotten: it's the cover-up which matters most.

House Oversight Committee chairman James Comer's Facebook profile picture.

Should Congress elect to pursue the matter (as was done with Mr Navarro and Mr Bannon), the brief will then be passed to the DoJ (Department of Justice) for prosecution and the potential consequences include fines of up to US$100,000 and as long as a year in jail.  Obviously, neither is a compelling prospect but the problem for crooked Hillary is that should she comply and testify, she’ll be under oath and thus compelled to tell the truth.  That novel possibility would attract a big audience but her problem is she has no way of knowing in advance what questions will be asked and, being under oath, she’d have to either be truthful or “take the fifth” to avoid self-incrimination.  Paying a US$100,000 fine would seem a very cheap “get out of jail free” card and even some time behind bars may be a better long-term option.  While in the past crooked Hillary probably has used the phrase “no one is above the law” she’d never have imagined it applied to her but some in Congress suspect the Clintons will use "every trick in the book" (and they known them all) to avoid being questioned under oath, one Californian Democrat predicting: "If we launch criminal contempt proceedings, we will not hear from the Clintons.  That is a fact.  It'll be tied up in court".

Presumably, the strategy will be to "string things along" until the mid-term elections in November when the Republicans may lose control of the Congress.  Of course, as a last resort, there remains the “Pinochet option”.  After avoiding trial for crimes against humanity because of his allegedly frail mental and physical state, General Augusto Pinochet (1915-2006; dictator of Chile 1973-1990) boarded his aircraft in England from a wheelchair, looking something like a warmed-up corpse, only to make a miraculous in-flight recovery; the moment he set foot on the tarmac at Santiago, in rude good health, he strode off.  All crooked Hillary would need is a “medical episode”, one not serious enough to kill her but just enough to permit physicians to fill out the forms saying she’s not well enough to be questioned.  Depending on this and that, her condition would need to linger only until the threat of prosecution has been evaded.  One intriguing potential coda to legal action could be that Donald Trump might well grant the pair a pardon.  What's often unappreciated about Mr Trump is he doesn't waste time or effort running grudges against those who were merely opponents as opposed to those who actually tried to damage him or present an on-going threat.  Although he'd spent the 2016 campaign threatening crooked Hillary with jail and encouraging the MAGA faithful to chant "Lock her up!", interviewed after the election, when asked if he'd be taking legal action against the Clintons, he brushed off the the question with a dismissive: "No, they're good people" and moved on.  Should that happen, darkly, some might mutter about him having reasons why he'd not want the pair questioned about Jeffrey Epstein but, like disgraced former congressman George Santos (b 1988), crooked Hillary will not be one to look a gift horse in the mouth.    

The Brutum Fulmen

The practical significance of a court or other institution holding an individual “in contempt” relies on the body having a means of enforcing its order.  While that order can extend (variously) to a fine, a term of imprisonment or a burning at the stake, if no such means exist (or are, in the circumstances, not able to be used), then, at law, the order is a brutum fulmen (plural bruta fulmina) which historically, appeared also as fulmen brutum.  The term entered the language as a construct of the Latin brutum (stupid) + fulmen (lightning), picked up from the title of a pamphlet (the word then used of documents distributed publicly and discussing political and related matters) published in 1680 by Thomas Barlow (circa 1608-1691; Lord Bishop of Lincoln 1675-1969) who derived the phrase from the passage hinc bruta fulmina et vana (these senseless and ineffectual thunder-claps) in Naturalis Historia (Natural History) by the Roman author (and much else) Pliny the Elder (Gaius Plinius Secundus, 24-79).  Pliny literally was describing the natural phenomenon of lightning (which, having never been struck by one, he dismissed as “harmless thunderbolts”) but the term entered legal jargon meaning “a judgement without effect” and was for a while learned slang for “an empty threat” before fading from use in the late eighteenth century.

Bishop Barlow's original publication, 1680.

So, at law, brutum fulmen is used to refer to a judgment, decree, edict, order etc that while (on paper) is valid and nominally enforceable, is in practice ineffective either because it cannot be enforced or is directed at someone or something beyond the court’s effective power.  There’s a long history of such paperwork, Dr Joseph Goebbels (1897-1945; Nazi propaganda minister 1933-1945) with typical acerbity noting in his diary on 3 April 1945 the pointless bureaucratic output still flowing from the desk of Martin Bormann (1900–1945; secretary to the Führer 1943-1945; head of the Nazi Party Chancellery 1941-1945), even as the Reich was being diminished to an enclave: “Once more a mass of new decrees and instructions issue from Bormann.  Bormann has turned the Party Chancellery into a paper factory.  Every day he sends out a mountain of letters and files which the Gauleiters [the party’s district leaders], now involved in battle, no longer even have time to read.  In some cases too it is totally useless stuff of no practical value in our struggle.  Even in the Party we have no clear leadership in contact with the people.  Goebbels may have been evil but his mind was well-trained and he was a realist, understanding the “great danger” in the “diminution of authority” likely to be suffered by the party.  Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) called the devoted Bormann “Dear Martin” but interestingly, one author has written works claiming that by late April even Bormann had become a realist and was complicit in having the Führer murdered by his valet (Heinz Linge (1913–1980)), thereby removing the one obstacle preventing the pair’s escape from the Führerbunker.  The author is a well-credentialed medical doctor and although his earlier theory about the Rudolf Hess (1894–1987; Nazi Deputy Führer 1933-1941, who spent 46-odd years in Allied custody) being a “doppelganger” has recently been disproved by DNA analysis, his recounting of how Hitler may have been murdered is well written and, in a sense, the ultimate “the butler did it” tale; it’s not necessary to be convinced to enjoy what may be a tall tale.

From the Vatican, there would have been many popes who would have understood Goebbels’ frustrations because there’s quite a list of Papal Bulls and decrees that proved to be “casting rhetoric to the winds of history”.  Pius V (1504–1572; pope 1566-1572) in 1570 issued Regnans in Excelsis (Reigning on High) which, as an order of excommunication against Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) was intended to depose the queen by releasing her subjects from obedience but, “having no divisions” in England, the Holy See could not there exercise temporal authority and Elizabeth merely “changed teams” becoming Supreme Governor of the Church of England.  Of course, she remained excommunicated from the Church of Rome but that’s hardly as serious as being burned at the stake.  Less dramatically, papal interdicts issued against secular rulers on matters less consequential routinely were ignored, kings, princes and dukes aware their thrones (and sometimes their necks) might be better preserved by pleasing their many subjects than the bachelor Bishop of Rome.

Papal Bull issued by Urban VIII (1568–1644; pope 1623-1644).  By the mid-fifteenth century, papal bulls had ceased to be used for general public communications and were restricted to the more formal or solemn matters.  The papal lead seals (the spellings bulla & bolla both used) were attached to the vellum document by cords made of hemp or silk, looped through slits.

As well as being appalled by the thought of heretical Anglicans, Pius V disapproved of bull-fighting, calling the tradition “alien from Christian piety and charity, “better suited to demons rather than men” and “public slaughter and butchery” fit for paganism but not Christendom and word nerds will be delighted to note Pius’s ban on bullfighting was technically a “papal bull”.  De Salute Gregis Dominici (On the Salvation of the Lord’s Flock) was issued on 1 November 1, 1567 as a formal proclamation with a bulla (the papal lead seal) attached (hence such edicts being known as the “Papal bulls”), the seal authenticating the document and, as an official decree, it was binding upon the Church and Christian princes.  Disgusted by the cruelty inflicted on one of God’s noble beasts, Pius called bullfighting “a sin” and condemned the events as “spectacles of the devil”, prohibiting Christians from attending or participating under pain of excommunication.  However, like many papal though bubbles down the ages which never quite make it to the status of doctrine, his ban was soon ignored and, after his death the, edict quietly was allowed to lapse.  Predictably, in Spain and Portugal, where bullfighting had deep cultural & political roots, the bulla was either ignored or resisted and Philip II (1527–1598; King of Spain 1556-1598), while as devout a Catholic as any man, was known as Felipe el Prudente (Philip the Prudent) for a reason and quietly he turned the royal blind eye, allowing bullfighting to continue.  Within the Holy See, the king's disobedience of an edict from the Vicar of Christ on Earth would have been disappointing but unsurprising and it was the world-weary Benedict XIV (1675–1758; pope 1740-1758) who best summed-up the church's chain of command: “The pope commands, his cardinals do not obey, and the people do what they wish.”  What is still not always recognized is that Rome’s authority on matters both spiritual and temporal did often depend on consent; in Medieval Europe there were a number of interdicts (such as that against the Republic of Venice in 1606) which indisputably were binding in canon law but had no force because the target solved the legal quandaries by ignoring them.

Secular courts too sometimes have issued orders that look authoritative but are void for want of jurisdiction.  The British Empire is a rich source of such bruta fulmina because, especially in the nineteenth century when expansion (as expressed by land being colored pink on maps) often exceeded control “on the ground”.  A practical exercise in (1) the establishment of trading & coaling stations and (2) theft of the resources of others, what the British Empire did to a greater extent than other European colonial powers was secure what were essentially coastal beachheads and tracks of communication (rivers, roads, railway lines) while leaving vast swathes of territories in the hands of native authorities, some of which were cooperative, some not.  While the Colonial Office understood this was how thing were done (the British Empire in particular something of a well-executed confidence trick because there were never the resources effectively to control all that was claimed on the map), colonial courts, for many reasons, felt compelled to issue orders to what were, in effect, sovereign foreign territories; even at the height of the British Raj, the means did not exist always to enforce judgements or rulings purporting to bind tribal authorities or princes in their palaces.  A post-colonial example is the operation of the “Supremacy Clause” in US jurisprudence.  As a simple constitutional fact, under the Supremacy Clause, a state court has no power to enjoin a federal officer acting in federal capacity; even if correct in every aspect of construction, any such injunction will be held to be a brutum fulmen because it cannot be enforced, the classic example being Tarble's Case, 80 U.S. (13 Wall.) 397 (1872), in which the USSC (Supreme Court) held state courts could not issue writs of habeas corpus to federal military officers; such writs legally void.  What the case settled was that the US Constitution was the supreme law of the land, “anything in the constitution or laws of any State to the contrary notwithstanding.  That an order may be perfectly valid under state law was irrelevant and this doctrine has of late been again discussed because of certain actions being taken by the federal government during the second Trump administration.

There is also the matter of orders those who enjoy legal immunity.  Historically, when the concept of “sovereign immunity” was effectively absolute (before “restrictive immunity” emerged in the wake of the modern “commercial exception”, courts would enter judgments against sovereign states; the judges were carrying out a type of “black letter law” but the value of such rulings was purely political or symbolic.  A subset of such things was the matter of declarations unsupported with any mechanism of enforcement and that was one of the several structural flaws which doomed the League of Nations (1920-1946), an institution something of a case study in characterised as a brutum fulmen, whatever it’s noble goals.  However, the judicial model established by the League of Nations (essentially one of “moral authority”) carried over into post-war institutions, the ICJ (International Court of Justice) having often issued advisory opinions states routinely have ignored.

A special case of brutum fulmen concerns domestic statutes struck down by courts but never repealed.  Known as “dead letter” laws, these, ghost-like, remain on the books even after invalidation.  This happens apparently for two reasons: (1) in the technical sense it matters not whether the words are removed from the books or (2) governments retain them because they retain a certain symbolic force as an expression of disapprobation for one thing or another, an example being Section 3 of the US DOMA (Defense of Marriage Act) after the decision handed down by the USSC in US v Windsor, 570 U.S. 744 (2013)).  New technology has also created a whole new field of potential bruta fulmina.  Although instances of material banned from publication in one place appearing in another have for centuries been documented, the advent of the internet and its inherently global availability has meant the injunctive and contempt orders which once were such a potent means of preventing or punishing proscribed publication now are of less use because so many potential subjects lie beyond a court’s reach.

Not exactly contemptible, just less desirable: The Alfa Romeo 2600

Brigitte Bardot (1934-2025) in Contempt (1963), perched on an Alfa Romeo 2600 (Tipo 106) Spider.  Note her fetching toe cleavage.

While Ms Bardot was a vision of haunting loveliness, the 2600 is less fondly remembered than its smaller stable-mates.  Whereas in its era Mercedes-Benz and most US-built cars tended to improve as the cylinder count and engine displacement increased, in the post-war years, the most admired and successful Alfa Romeos were the smaller, four-cylinder models renowned for their balance and agility (certainly in the company’s illustrious, pre-FWD (front wheel drive) era).  Tellingly, although imagined as a flagship, the 2600 was in production only between 1962-1968 and despite being offered with a range of coachwork (Berlina (sedan), Sprint (coupé) & Spider (roadster) as well as a typically quirky fastback coupé (the 2600 SZ (Sprint Zagato)) by Zagato), it was not a success; sales were never close to expectations, the high price and nose-heavy, “un-Alfalike” driving characteristics usually cited as reasons for the muted demand.  In its six-odd years of availability, unusually, it was not the sedan which was most successful but, with almost 7,000 sold, the Sprint and even the 2,255 Spiders out-sold the 2,092 Berlinas; the 105 Sprint Zagatos an expensive footnote.

1964 Alfa Romeo 2600 Spider.

Whatever the 2600’s flaws, the engine was a gem.  An all-new, all aluminum 2.6 litre (158 cubic inch) DOHC (double overhead camshaft) straight six, it was very much in the company’s pre-war tradition but, in a way, the image of Alfa-Romeo had been captured by the wildly successful 1900 range (1950-1959) which featured relatively small-displacement, four-cylinder engines.  So seductive did Italians and others find the 1900 that it quickly came to be thought of as the definitive “Alfa Romeo”.  However, the platform which as the 1900 (and subsequent 2000) had been a model of well-balanced agility, didn’t adapt so well to the longer straight six and it was the subsequent 105/115 range (Gulia, 1962-1968) which was the 1900’s true successor, the incomparable 105 coupé among the company’s finest achievements.  The 2600 proved to be the last of Alfa Romeo’s classic DOHC straight-sixes.

The Kaiser and the Old Contemptibles

His Imperial Majesty, Kaiser Wilhelm II (1859–1941; Emperor of Germany & King of Prussia 1888-1918). in one of his many uniforms.  On one of Wilhelm's visits to England, his grandmother (Victoria (1819–1901; Queen of the UK 1837-1901) was much amused to learn his entourage included one servant whose sole duty was the “waxing and curling of the imperial moustache”.

Whether inside courtrooms or beyond, the word “contempt” and its derivatives is not rare but one of the most celebrated instances of use may have been based on a lie.  In August 1914, just after the outbreak of World War I (1914-1918), the British government began to circulate propaganda claiming Wilhelm II had issued an order to his army to “exterminate the treacherous English and walk over General French's contemptible little army”.  The people of the UK were well-acquainted with the character of the Kaiser and it certainly must had sounded “like something he would have said”, hence the success as piece of propaganda.  Later, the survivors of the British Army’s BEF (British Expeditionary Force), proud of their record in battle, happily dubbed themselves the “Old Contemptibles”.  Wilhelm denied ever having made the statement and it has long been suspected the British “put words in his imperial mouth” because Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) had in 1657 used a similar turn of phrase in a speech to the Long Parliament (1640-1660).

One of the British government's propaganda posters, 1914.

No document has ever been found confirming the Kaiser used the phase the British propagandists spread with such glee and it’s thus almost certainly apocryphal but historians have concluded that, in discussions, he probably did dismiss the British as a military threat on the European mainland on the grounds their army was “so contemptibly small”.  In that, he has a point in that compared to the land forces in the standing and reserve armies of France, Germany, Austria and Russia, the British Army genuinely was small; as a maritime empire with its military strength based on the Royal Navy being the world’s most powerful, the British Army was designed for remote colonial engagements rather than big, set-piece invasions of European countries.  So, from the Kaiser’s point of view it was a reasonable observation; since the time of Otto von Bismarck (1815-1989; chancellor of the German Empire (the "Second Reich" 1871-1890), the dark joke told in continental chancelleries was that while most countries “had an army”, Prussia was unusual in that its army “has a country”.  All he really got wrong was the British did have some contemptibly poor generals, one of who was the Field Marshal Sir John French (1852–1925) mentioned in his alleged statement.  Not for nothing are the “Old Contemptibles” remembered as “lions led by donkeys” but in the way the British ruling class does things, after being asked to resign, Sir John was elevated to the peerage and died laden with titles and imperial honours.

Lindsay Lohan, contempt, and the matter of intent

Lindsay Lohan's adorned fingernail in court, 2010.

Fingernails don’t often hit the headlines but in 2010 one did during one of the Lindsay Lohan's appearances in court during her “trouble starlet” phase: close-up photographs of the relevant (and very colourful) nail (on the middle finger) revealed the text “fuck U”.  In the US of the twenty-first century a fingernail so decorated would be usually unexceptional and uncontroversial but on the digit of a defendant sitting in court to receive a sentence, it was at least taking a risk and defence counsel, had they noticed the artwork, doubtlessly would have insisted on a strategically applied band-aid.  The risk posed by what may have been a misguided manicure was that were the judge to conclude the apparently unambiguous message was directed either at court or judge, Ms Lohan could have been cited for contempt of court on much the same the basis as had she mouthed the words.  Lawyers asked to comment on the matter confirmed that in such circumstances a defendant cannot rely on rights guaranteed by the First Amendment (a component of which is freedom of speech) to the Constitution but what was an intriguing legal question was the matter of intent.  All agreed the judge was sitting too far away to read the distant and tiny “fuck U” so it couldn’t be argued Ms Lohan intended it to be read thus but if the judge saw the paparazzi’s photos, would a “retrospective” citation of contempt be possible?  Given all that, it was at least a gray area but the matter was never pursued.  Ms Lohan clarified things with a tweet on X (then known as Twitter) denying the text was a message for the court or anyone else: “It had nothing to do w/court.  It’s an airbrush design from a stencil”.  According to Fox News (a famously reliable source), the nails were “part of a joke with friends”.

Before, during & after: Lindsay Lohan and her bandaged finger, 2016.

Not until 2016 would one of Lindsay Lohan’s fingers again attain such notoriety.  During an Aegean cruise in October that year, in dreadful nautical incident, the tip of one digit was severed by the boat's anchor chain but details of the circumstances are sketchy although there was speculation that upon hearing the captain give the command “weigh anchor”, she decided to help but, lacking any background in admiralty jargon, misunderstood the instruction.  Despite the grossness of the injury to what in the Western tradition is "the ring finger", she did later manage to find husband and stitched-up digit now sports a wedding ring so all's well that ends well.

Self contempt

The terms “self-hatred”, “self-loathing” and “self-contempt” are familiar in general discourse and pop psychology texts but none are formally distinguished as separate diagnostic constructs or appear in either the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) or the World Health Organization’s (WHO) International Classification of Diseases (ICD).  However, the concepts encompassed do appear in theories and research papers as well as being part of clinical discourse and between the three terms are denoted different self-directed attitudes, largely along affective versus evaluative lines. 

Self-hatred is thought a core quality, an intense, hostile feeling directed at one’s self and the affective tone may be one of disgust, anger or revulsion.  Typically, this can appear as a form of self-hostility and may manifest as wishing to self-harm, a feeling of deserving of punishment and a general rage turned inwards.  Self-hatred is often discussed in connection with (1) major depressive disorders, (2) borderline personality pathology, (3) trauma and internalised abuse and (4) self-harm including suicidality.  Self-loathing can perhaps (if not wholly satisfactorily) be characterized as “self-hatred lite” in that it’s treated usually as a pervasive aversion to the self and associated with shame, disgust and revulsion.  There’s obviously some overlap (to the extent the terms probably can be used interchangeably without causing confusion for most) but as used by clinicians, self-loathing conveys the idea of something less aggressive and more avoidant, the emphasis on being repelled by one’s own traits, body, or identity rather than contemplating self harm; commonly it’s linked with shame-based self-schemas, eating disorders, body-image disturbance, depression and social anxiety.  The convenient distinction between the two is that while self-hatred summons the thought: “I should be punished”, self-loathing says “I am repulsive”.  The point about self-contempt is that often it can be transitory (sometimes styled as “transactional”) and related to a particular event or one’s reaction to that event.  In that sense, self-contempt can be seen as something is more cognitive and judgmental than emotional although, obviously, there too there can be overlap.

There is a special case within internal Jewish discourse of a certain flavor where the term “self-hating Jew” overwhelmingly is more commonly used than the superficially similar “self-loathing Jew”.  “Self-hating Jew” became a standard phrase (and in doing so sacrificed some of its original meaning in favour of becoming a still-potent slur) in Jewish polemical writing and was once most associated with political debates (not always between intellectuals), especially if the matters involved anti-Zionism or internalised anti-Semitism.  The term gained popularity after Der jüdische Selbsthaß (Jewish Self-Hatred (1930)) by German Jewish philosopher Theodor Lessing (1872-1933) was translated into English and the choice of “self-hatred” rather than “self-loathing” “locked in” the English idiom.  What Lessing did was construct a subtle argument in which he attempted to explain the (apparently uniquely European) phenomenon of Jewish intellectuals who incited anti-Semitism against the Jewish people and who regarded Judaism as the source of evil in the world.  The translator’s preference was thought to be a considered choice which reflected a certain conceptual emphasis: Whereas “self-hatred” implies hostility, repudiation, and active rejection of Jewish identity or interests, “self-loathing” suggests inward disgust or shame, which is psychologically plausible but rhetorically weaker for polemical purposes.  In other words, the former is of the political, the latter the personal.  The term has become especially controversial because, within Judaism, it had become a convenient weapon to use against any Jew who criticizes some aspect of the conduct of the government of Israel.

The thoughts of Bill Buckley on the thoughts of John XXIII

By the time in 1961 conservative US writer (and leading lay Catholic) William F Buckley (1925–2008) responded to John XXIII’s (1881-1963; pope 1958-1963) encyclical Mater et magistra (Mother and Teacher), the days were gone when the Church could have heretics burned at the stake (perhaps a source or regret to at least one pope) so suggesting the document “…must strike many as a venture in triviality” didn’t trigger the sort of risk such a critique might in previous centuries have provoked.  Still, what was seen by theologians and the laity alike as a casual dismissal of a work of 25,000 words was thought quite a slight and even an expression of contempt; that Buckley’s objections were less theological than political was a distinction understood by the cardinals and archbishops but that didn’t make them less unhappy.  Buckley was writing during the High Cold War and in the immediate aftermath of comrade Fidel Castro’s (1926–2016; prime-minister or president of Cuba 1959-2008) communist guerrillas taking over Cuba and what most disturbed him was John XXIII’s focus on the inequities of modern capitalism and seeming disregard for the oppressive conduct of various communist regimes.  In that, Buckley was right because arguments in Mater et magistra were striking and the choice of words provocative, the pope noting the “immeasurably sorrowful spectacle of vast numbers of workers in many lands and entire continents who are paid wages which condemn them and their families to subhuman conditions.  Rejected was the notion prices working people paid should be “left entirely to the laws of the market” rather than being “determined according to justice and equity.  The encyclical recommended profit-sharing and other “radical” reforms pursued in the name of “socialization”.

John XXIII waving to the faithful, Loreto Ancona, Italy, October, 1962.

The car is a 1961 Mercedes-Benz 300d Landaulet, built by the department responsible for the Spezial coachwork and made on a separate assembly line.  The one delivered to the Vatican including not only the folding soft-top atop the rear passenger compartment but also an elevated roof which extended the “greenhouse” by 100 mm (4 inches).  The 300s of the era (W186: 300, 300b & 300c; 1951-1957 & W189: 300d 1957-1962) came to be referred to as "the Adenauer" because several were used as state cars by Konrad Adenauer (1876–1967; chancellor of the FRG (Bundesrepublik Deutschland (Federal Republic of Germany; the old West Germany, 1949-1990) 1949-1963).  In the days of John XXIII, the Vatican's parade vehicles were not dubbed “Popemobiles” and did not feature armor-plating or bullet-proof glass.  For good reason, all that would come later.

It can now be difficult to understand how controversial once was the participation of Roman Catholics in the upper reaches of US political life; in the nineteenth century the warnings against voting for them was they would visit upon the country: “Rum, Romanism and Ruin!  When the Catholic Al Smith (1873-1944; Governor of New York 1919-1920 & 1923-1928) in 1928 ran on the Democratic ticket in the presidential election, campaigns against him included the suggestion the pope was already packing his bags in preparation for a move to the White House.  After Smith (in a landslide) lost the election to the Republican’s Herbert Hoover (1874–1964; POTUS 1929-1933), the joke circulated that his first act was not the usual concession speech but wiring a telegram to Pius XI (1857–1939; pope 1922-1939) saying: “Unpack!

Amusingly, the slur wouldn’t have survived the scrutiny of modern fact-checkers because between the unification of Italy in 1870 and the signing in 1929 of a concordat (the Lateran Treaty) with Benito Mussolini’s (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943) fascist state, in protest at the the loss of the Papal States (756-1870), no pope set foot outside the Vatican.  The status of the popes in these years as prigionieri del Vaticano (prisoners of the Vatican) was unusual in that it was a kind of “self-imposed exile” in reverse, but the Church insisted it was not a matter of choice (ie “self-restraint”) because it was held to be a “coercive curtailment” (“constructive imprisonment” probably the closest expression of the legal theory) of freedom of movement, consequent upon the Italian state’s annexation of the Papal States and Rome itself.  The argument was that were a pope to set foot on the soil of the annexed territories, that might be held to imply recognition of the Italian state’s sovereignty.  Even at the time, outside the Roman Curia, the legal basis of that was thought at least dubious and the consensus remains the self-imposed “imprisonment” was an act of diplomatic and political symbolism.  Since then, no political figure has exactly replicated what the five “imprisoned pontiffs” did and even old Generalissimo Chiang Kai-shek (1887-1975; leader of the Republic of China (mainland) 1928-1949 & the renegade province of Taiwan 1949-1975), while to his dying day denying he’d lost the sovereignty of the mainland to the CCP (Chinese Communist Party), did on occasion travel beyond his renegade province, though obviously he never visited the mainland. 

Buckley: The Life and the Revolution That Changed America by Sam Tanenhaus (b 1955).  A highly recommended book.

Religion was an issue still in 1960 when the presidential contest was between the Roman Catholic Democrat John Kennedy (JFK, 1917–1963; US POTUS 1961-1963) and the Quaker Republican Richard Nixon (1913-1994; US VPOTUS 1953-1961 & POTUS 1969-1974).  In the campaign, two prominent evangelical Protestant preachers who would now be regarded as something like “celebrity TikTok churchmen” (Billy Graham (1918–2018) and Norman Vincent Peale (1898-1993) both cast aspersions about JFK and the nature of his allegiance to Rome to which the candidate responded by saying: “I believe in an America, where the separation of church and state is absolute, where no Catholic prelate would tell the president, should he be Catholic, how to act, and no Protestant minister would tell his parishioners for whom to vote.  The idea of “Rome pulling the president’s strings” may have brought a wry smile to the pope who well knew it was often difficult to get his own bishops to follow his instructions, let alone the president of the US.  Buckley took an well-sharpened intellectual axe to Peale but seemed to regard Graham as little more than a vulgarian with a peasant’s view of God.

As it transpired, KFK did, “by an electoral eyelash” win the presidency and his wife (Jacqueline Kennedy (1929-1994; US First Lady 1961-1963) admitted to being baffled by the objections, saying "I don't understand why people are opposed to Jack being elected as a Catholic because he's so poor a Catholic".  Buckley certainly agreed JFK "wasn't Catholic enough" (something like the later complaint from activist African Americans that Barack Obama (b 1961; US president 2009-2017) "wasn't black enough"), unlike his more devout brother, the intense, driven, Robert F Kennedy (RFK, 1925–1968; US attorney general 1961-1964) who Theodore Roosevelt’s (TR, 1858–1919; US president 1901-1909) daughter Alice Lee Roosevelt Longworth (1884–1980) compared to “a seventeenth century Jesuit priest”.  Buckley understood why his family and the Kennedys often were compared (essentially because both were “rich, Catholic and political”) but liked to stress the difference, pointing out the “lace curtain, Irish cultural upbringing” of the Kennedys while his father had not set foot in Ireland until he was sixty and that was “to attend the Dublin Horse show”.  One of his friends observed the very American Buckley should really be understood as “a Spanish Catholic aristocrat” and although it has become customary to speak of the Kennedys as “American Royalty”, Buckley would have though the family a bit common.

Crooked Hillary Clinton and Donald Trump, Alfred E. Smith Memorial Foundation Dinner, New York City, October, 2016.

Fully to understand Buckley’s reaction to Mater et magistra, it must be remembered it was issued only some three years after the death of Pius XII (1876-1958; pope 1939-1958) and there was at the time, outside of the Church, not a great appreciation of just what an “encyclical” was.  Indeed, in 1927, when asked to comment on Leo XIII’s (1810–1903; pope 1878-1903) 1885 encyclical Immortale Dei, De Civitatum Constitutione Christiana (God Immortal, On the Christian Constitution of States) which reaffirmed the Church’s view on ecclesiastical rights in the apparatus of the modern state, Al Smith had replied: “Will somebody please tell me, what in hell an encyclical is?”  Although he chose only once to vest his words with the authority of “papal infallibility” (indeed, was the last pope to do so), Pius XII (like his predecessor Pius XI) had run “an imperial pontificate” with encyclicals viewed not merely as authoritative but doctrinal; one priest, when asked if they were “binding” stated the orthodox position which held: “the possibility of error in these documents is so utterly remote that it is practically non-existent.  It was in that milieu Buckley commissioned to a scholar of theology to undertake a historic study of the papal encyclical and the conclusion was they were really “pastoral letters, giving counsel,” not official statements of the magisterium, the Church’s infallible teaching.  That does of course make sense because the whole point in the nineteenth century in codifying papal infallibility was to make a clear distinction between undisputable, undebatable statements of dogma and all other thoughts and expressions.

Whether that at the time softened Buckley’s attitude towards Mater et magistra seems improbable because any document suggesting the state’s social and economic policies should be “pursued in the name of socialization” would have received his condemnation and that the translators chose to interpret the Italian socializzazione (understood as something like European social and industrial democracy rather than the Marxist sense of the collective ownership of the means of production & distribution) as “socialization” (deftly avoiding the politically and historically loaded socialism (socialismo)) is unlikely to have been much assuagement; Buckley would have thought the distinction just “too clever by half”.  So it was his critique of John’s 25,000 words came to be remembered for that one memorable fragment: “venture in triviality”.  In fairness, the passage was more expansive and said: “large sprawling document” would “be studied and argued over for years to come” and that it may one day come to be “considered central to the social teachings of the Catholic Church; or, like Pius IX’s [1792–1878; pope 1846-1878)] Syllabus of Errors [1864], it may become the source of embarrassed explanations. Whatever its final effect, it must strike many as a venture in triviality, coming at this particular time in history.”  Popes have been accused of worse but in 1961, to have an encyclical damned as  “venture in triviality” was about as bad as it got.

A depiction of crooked Hillary Clinton being burned at the stake (digitally altered image).

Although heretics, malcontents and other trouble-makers are no longer burned at the stake, in canon law, the Church does have a close equivalent of citing someone for contempt but it chose not to use it against Buckley although many Catholics did make their opposition to his views known; some cancelled their subscriptions to the magazine he edited (the conservative National Review), prompting him to point out the periodical was no more a Catholic publication than the Kennedy administration was a Catholic government “because the President is Catholic”.  One prominent Jesuit priest damned Buckley’s statement as “slanderous” and while in the internal logic of the Jesuits (perfect chastity, perfect poverty and perfect obedience to the pope) that would have been obvious, it must have baffled those more used to legal dictionaries and thesauruses.  In a way the Church establishment might have had the last laugh because, writing decades later, in his distinctly religious memoir Nearer, My God (1997), stridently Buckley defended papal decrees as statements revealing truth immune from challenge, words of “revelation and providentially guided reason” from the “one Voice for whose decisions the people wait with trust” (ie the pope).  Buckley made no mention of Mater et magistra or the controversy he had triggered and whether this constitutes apology or apologia readers can judge but whenever he's discussed, it’s rare for his words of 1961 not to be reprinted while those of 35 years later rarely are mentioned.  If he had his time again, while still critical, he’d likely have phrased things differently.

Saturday, November 8, 2025

Patent

Patent (pronounced pat-nt or peyt-nt)

(1) The exclusive right, granted by a government to an inventor (or owner of the invention) to manufacture, use or sell an invention for a certain length of time.

(2) An invention or process protected by an exclusive right to manufacture, use, or sell it.

(3) An official document conferring on the inventor the exclusive right to manufacture, use, or sell an invention; letters patent.

(4) Protected by an exclusive right given to an inventor to manufacture, use, or sell an invention; patented; the holding of an exclusive right to manufacture, use, or sell an invention.

(5) Relating to, concerned with, or dealing with the granting of exclusive rights to sell or manufacture something, especially inventions (ie the matter of “patent law” dealt with by a “patent attorney”.

(6) Of or pertaining to a right, privilege etc conferred by a patent.

(7) To take out a patent on; obtain the exclusive rights to (an invention, process, etc) by securing a patent.

(8) In US law, the instrument with which by which the federal government conveys a legal title in fee-simple (freehold) to public land.

(9) An ellipsis of patent leather (a varnished, high-gloss leather used in fashion for shoes, handbags, coats and such).

(10) As patent leather, a hide treated in a way which results in a very shiny surface.

(11) Of plate glass, ground and polished on both sides,

(12) In pharmaceuticals, (of a medication) sold without a prescription and usually protected by an exclusive legal right to manufacture (described often as “patent remedies” or “patent drugs”).

(13) In medicine, (of a duct or passage in the body) open or unobstructed.

(14) In medicine (including veterinary medicine) of an infection, in the phase when the organism causing it can be detected by clinical tests.

(15) In phonetics, open, in various degrees, to the passage of the breath stream.

(16) In metallurgy to heat a metal above a transformation temperature and then quench (cool) it in preparation for cold-drawing, wire pulling etc.

(17) In gambling, the combination of seven bets on three selections, offering a return even if only one bet comes in.

(18) In baking (of flour), fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.

(19) In botany (and sometimes in horticulture and agriculture generally), expanded or spreading.

(20) Lying open; not enclosed or shut in (often as “a patent field” and applied also to open doorways, passages and such.

(21) Readily open to notice or observation; evident unconcealed, conspicuous, palpable, clear (usually in the phrase “patently obvious”).

(22) To originate and establish as one's own.

(23) A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly (often in the form “got a patent on”).

(24) An official document granting a right (the significance of the "patent" element in "letters patent" being it indicated the document was openly published an accessible to all (ie in the sense of the Latin patēns).

(25) Any right granted by such a document.

1250–1300: As an adjective, patent was from the Middle English patent, from the Latin patent-, stem of patēns (open, standing open), present participle of patēre (to stand open, lie open).  The Middle English noun patent (document granting an office, property, right, title, etc.; document granting permission, licence; papal indulgence, pardon) was either a clipping of “letters patent”, a translation of the Medieval Latin littera patēns or litterae patentēs (open letters) or was directly from the Anglo-Norman and Middle French patente (which endures in modern French as patent) or a clipping of the Anglo-Norman lettres patentes, Middle French lettres patentes, lettre patente and Old French patentes lettres (document granting an office, privilege, right, etc or making a decree).  The adjective patent (granting a right, privilege, or power) emerged late in the fourteenth century while the sense of “open to view, plain, clear” was in use by at least 1505 and use as an adverb dates from the mid fifteenth century.

The verb dates from the 1670s and was derived from the Middle English nouns patent & patente (wide open; clear, unobstructed; unlimited; of a document: available for public inspection), from the Anglo-Norman & Middle French patent and directly from their etymon the Latin patēns (open; accessible, passable; evident, manifest; exposed, vulnerable), the present active participle of pateō (to be open; to be accessible, attainable; to be exposed, vulnerable; of frontiers or land: to extent, increase), from the primitive Indo-European pete or peth- (to spread out; to fly).  The verb originally was used in the sense of “to obtain right to land" by securing letters patent” while the meaning “obtain a copyright to an invention” was in use by at least 1822, building on the earlier meaning (recorded in 1789) “obtain an exclusive right or monopoly” a privilege granted by the Crown by the issue of letters patent.  Patents issued thus (for a licence granted by a government covering a new and useful invention, conferring exclusive right to exploit the invention for a specified term of years) came into use in the 1580s.  Patent is a noun, verb & adjective, patenter, patentor, patentee, patentholder, patency, patentability, impatency, patency & prepatent are nouns, patented is a verb & adjective, patenting is a verb, patentable, antipatent, patentlike, patentfree, patentless & impatent are adjectives and patentably & patently are adverbs; the noun plural is patents.  The derived forms (nonpatentable, unpatentability, repatent etc) are used as required.

Alice Geek TeckTM strapless bra.  The product was released with Geek TeckTM still in its "Pat. pend" phase.

The Alice Geek TeckTM strapless bra was released in 2015, its novelty being the use of “Patent-Pending Geek TeckTM” panels which exploited the Van Der Waals forces (intermolecular electrostatic attractive forces) created by their silicone construction with microscopic hair-like structures known as setae (analogous to those found on the feet of geckos, famous for their ability to attach themselves (upside-down) to ceilings, using, if need be, only one foot.  The theory was the Geek TeckTM panels would “stick to” the wearer’s skin thereby enhancing the most important design imperative of the strapless bra: staying up.  US patent 9,402,424 was assigned to Kellie K apparel LLC but it seems not to have succeeded which is unfortunate because there’s a gap in the market for a genuinely gravity-defying strapless bra.

The familiar term “patent pending” (often seen stamped on products in the abbreviated form “Pat. pend.”) is used to indicate a patent application has been filed but has not yet been granted.  The significance of the use is: (1) it can act to deters competitors, signalling to potential “copycats” that patent protection is expected to be granted, thus discouraging attempts at imitation, (2) it’s thought to lend credibility to a product, thus conferring a marketing advantage, (3) it can make a product more attractive to potential investors because a patent grants years of protection from competition and (4) the existence of the label can in subsequent infringement proceedings lead to a higher award of damages because it can be used as evidence the other party did not act “in good faith”.  However, the mere existence of a “Pat. Pend.” label does not provide legal protection and others may still (at their own risk) copy and sell the product, something of significance because patent applications can take months (or even years in complex or contested matters) to process and there have been cases where a company violating a subsequently granted patent has “come and gone” (taking with them their profits) by the time a patent is granted.  Importantly, a manufacturer cannot mark something as “Pat. Pend.” just to try to ward of potential competition and in most jurisdictions it’s unlawful to use the term if no application has been filed.  In legal slang, “patentees” and “patentspeak” are terms referring to the legal and technical jargon used in the handling of patents while “patentometrics” is the statistical analysis of patents.

In law, “patent troll” is an informal term used (usually disparagingly) to describe an individual or company which acquires and enforces patents in an aggressive and opportunistic manner, often with no intention of producing, marketing, or promoting the subjects of the patents.  The term is based on the similar concepts “trademark troll” and “copyright troll” and in more formal use a “patent troll” is usually styled a “patent assertion entity” or a “non-practicing entity”.  The seemingly curious business model (making money by neither producing or selling stuff to which one holds the exclusive patent) works usually through litigation or (more typically) the threat of litigation, exploiting the cost–benefit imbalance between contesting versus settling a lawsuit.  Sometimes speculatively but usually because potential targets have been identified, patent trolls will (1) buy older or unused patents from bankrupt companies, small inventors or concerns which have no further use for them or (2) file new patents that are broad or vague, something especially prevalent in highly technical fields where change is rapid (anything IT related the classic example) and specialists can amass hundreds or even thousands of patents, some unambiguously enforceable, some with enough of a hint of validity to be a creditable threat.  Thus equipped, patent trolls search for possible targets for litigation, the ideal victims being (1) companies so big they might settle a claim for what is (for them) a small sum (though most lucrative for the trolls who may have done little more than send a C&D (cease & desist letter)) or (2) smaller companies which cannot afford the cost of litigation (they might settle for less but it’s still a profit to the troll) because even if a case successfully is defended, the cost of doing so can, in the US, run to millions.

What that means is the troll’s business model has three potential revenue streams: (1) licensing fees, (2) one-off settlements and (3) court-awarded damages (in the rare instances in which a case goes to trial).  With no costs associated with R&D (research & development), product testing, production or marketing, a troll’s overheads are comparatively minimal and limited usually to legal and administrative fees.  Highly developed practitioners of trolling also use elaborate company structures made up of trusts, shelf companies and such, often in trans-national form, the jurisdictions chosen on the basis of which is most advantageous for a certain purpose (secrecy, taxation arrangements, limitations of liability etc); all these layers can protect a troll’s assets from counter-claims.  Patents are also “just another asset” and once assembled become a portfolio which can be leveraged as investment vehicles, something done often by the device of bundling them in securitized form, sometimes S&Ded (sliced & diced) for sale to investors, not as individual patents but as a percentage of the whole.

Some products become known as “patent something” because they gained their original uniqueness by virtue of patent protection.  In nautical use, a “patent log” is a mechanical device dragged from the stern of the vessel and used to indicate the craft’s speed through the water; most consist of a rotator (ie on the principle of a propeller) and reading unit, connected by a stiff line (usually covered with a flexible, protective skin).  Even in the age of electronic sensors, patent logs remain in use because they are simple, reliable, low maintenance units which require no external power source, the rotator spinning as it proceeds astern, the rotations of the connecting line registered by a wheel works and dial mounted to the vessel's rail.  The earliest versions of mechanical logs had the counting attached directly to the rotator, meaning the apparatus had to be hauled aboard to “take a reading” so the US innovation in the 1860s of a connecting line (spinning a la the mechanical speedometers which later would appear in automobiles) was an advance which made the thing a “real time” device.

An 1881 Patent Log by Thomas Walker, on display at the Smithsonian Natural History Museum.

For many reasons, to know a vessel’s true speed was an important part of seamanship and “log” element in the name came from the old way sailors determined speed.  Since the sixteenth century, the technique had been to attach knotted rope to a wooden log which was heaved overboard and, the knots being tied at regular intervals, the number of knots counted off over a short period indicating the speed.  From this came the standard unit of speed at sea being the “knot” (one knot being equal to one nautical mile per hour and few things annoy old salts more than the expression “knots per hour”).  The log method obviously was inexact because of the variables to which it was subject so the mechanical device was a great advance.  A company founded by Thomas Walker (1805-1873) as a nautical instrument maker based in Birmingham (in England about as far as one can get from the sea) received a patent for a mechanical log in 1878, sometime before one was granted by the US patent office although that application was submitted in 1877.

Lindsay Lohan during blonde phase in Lanvin patent leather coat, New York City, May 2007.

“Patent leather” describes a hide which has been coated with a process using a substance which produces a high-gloss finish, so shiny as to be described as “like a polished, glazed ceramic”.  In fashion, the attraction of patent leather is that despite the brittle appearance, it retains all the flexible qualities and durability of leather while being almost waterproof (although intrusion can of course be possible at the seams).  Most associated with shoes, boots, handbags and coats, the original patent leather seems exclusively to have been produced in black but a wide range of colors have long been available so the material quickly became a favourite of designers.  In the late 1700s when patent leather first became commercially available in England, the lacquer coating was linseed oil-based but what revolutionized things and made mass-production more viable was the invention by metallurgist Alexander Parkes (1813–1890) of Parkesine, the first man-made “plastic”; it was one of his dozens of patented inventions, thus the name “patent leather”.  It was Parkesine which enabled the development of multi-colored patent leathers and because the product literally is “leather with a synthetic coating”, it’s one of the natural products most easily emulated (in appearance) by a plastic alternative although the imitations never possessed the same qualities.  Interestingly, many of the various processes used early in the nineteenth century to patent leather were never patented.

The former Court of Star Chamber (1836), drawing by unknown artist.

There were also “patent theatres”.  In England letters patent were for years a standard device in the administration of censorship, something that attracted increased interest from governments as soon as the printing presses began to operate at scale.  The printing press was one of the great creations of civilization but their availability appalled priest and politician alike because the last thing they wanted was “the common people” being given ideas (which they knew quickly would become heresy and sedition).  Under Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) proclamations against heretical and seditious publications soon appeared and in 1538 a statute was added declaring books must be licensed for printing by the Privy Council or other royal nominees.  What this did was create a flourishing black market for works produced by illegal presses and this battle between censorship and “underground” publications would for some 450 years characterize the way things were done in England.  One critical development came in 1557 when the Stationers' Company was granted a “charter of incorporation” which provided that only members of the company (or others holding a special patent) were allowed to print any work for sale in the kingdom.  In 1586, the ever imaginative Court of Star Chamber devised an ordinance which directed that no printing press might be set up in any place other than London (with the exception of one each for the university towns Oxford and Cambridge) and rigorously, the Star Chamber enforced this law with their usual zeal and although the court was in 1641 abolished by the Long Parliament, governments didn’t lose their fondness for censorship; under the Commonwealth restrictions were tightened with all “unofficial periodicals” (a move aimed at troublesome “newsletters, precursors to modern magazines and newspapers) banned and while the Rump Parliament of 1659 permitted “licensed newsbooks”, severely their issue was restricted.

During the Restoration period neither the government’s strategy or tactics much changed and material deemed libellous or offensive (values which cast a wide net) to the state or Church could see offenders fined, imprisoned pilloried or hanged (the last invoked if the offence was judged “high treason”).  By the eighteenth century things had somewhat been relaxed but Thomas Paine (1737-1809) was nevertheless compelled to flee to France when his book Rights of Man (1791) was declared “subversive” and a warrant issued for his arrest; even an article condemning the use of disciplinary flogging by the military could attract a fine of Stg£1,000 (then a small fortune) and two years in prison.  Being popular entertainment and accessible to even the illiterate, censorship of the theatre was important and the licensing of individual plays seems to have begun as early as the 1640s with an inspired piece of legislation in 1572 deeming all players (actors) “rogues and vagabonds” unless they belonged to (1) a baron of the realm, (2) somebody of higher rank or (3) were licensed by two justices.

Theatre Royal, Drury Lane, London, one of the original two "patent theatres".

Later, London’s theatrical companies worked under royal patents created by issue of the appropriate letters patent.  Curiously, governments, while much concerned with the preservation of political & ecclesiastical power, had rather neglected public morality but the Puritans were appalled by even the idea of the theatre.  Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) and his ilk thought the stage a place of immorality and in 1542 the Long Parliament prohibited all dramatic performances.  Inevitably, with theatres closed, an underground movement arose, the best documented of which were the Droll-Humours.  At or after the Restoration, letters patent were issued so companies could be formed and in 1662 these conferred on the recipients the exclusive right to present, in public, plays in public within the City of Westminster.  It proved a lucrative business and after the deaths of the original holders of the rights, lawyers began their squabble over to whom or what entity the letters patent should be conveyed; the disputes dragged on for some time before ultimately they were settled on the Covent Garden and Drury Lane theatres.  These enduring institutions thus came to be called the “patent theatres” and what the letters called “drama” was confined to the patent theatres.  However, nobody had bothered to define exactly what constituted “legitimate drama” and that remained a source of dispute among critics and lawyers, resolved only when the Theatres Act (1843) rendered the original letters patent inoperative.

Drawing of patent hammer, attached to Mr Richard’s application to the US Patent Office. the image is from the Trowel and Masonry Tool Collector Resource.

In stone-masonry, a “patent hammer” is a specialized hammer used by stonemasons for dressing stone, the head having two faces formed by a number (at least 2 but usually with 4, 6, 8, 10 or 12 “cuts” (blades) broad, thin chisels bolted side by side); the bolts could be loosened, allowing the blades to be removed to be re-sharpening or replaced.  The head of a patent hammer was heavy and the tool was used for finishing granite or the harder grades of sandstone and the choice of which to use was dictated by nature of the stone and the finish desired.  Historically, the most commonly used jaw opening was ⅞ inch but other graduations between ½ and one inch were widely produced and in the jargon of the trade, the number of cuts per nominal inch became the nominal description (eg an “8-cut finish”).  Essentially a time-saving device, use of a patent hammer allowed a stonemason to render a grooved surface more quickly and with more consistency than when using a single hand chisel.  The tools were in various places known also as the “patent bush hammer” “Scotia hammer” and “patent Scotia hammer” although, as a general principle, the Scotias usually were lighter and featured smaller jaw openings.  The tool gained its name from the patent granted in 1828 to Joseph Richards (1784-1848) of Braintree, Massachusetts and although the evidence suggests similar devices had for centuries been in use (presumably crated ad-hoc by stonemasons or tool-makers), this issue of the 1828 patent triggered an onrush of patent applications for stonemasonry tools and the US Patent Office (which classed them as “bush hammers” or “mill picks” to distinguish them from other hammers) soon had literally dozens of variants on the books.

In English law, letters patent and royal decrees (now more commonly styled as royal proclamations) are instruments with which the Crown exercises its prerogative powers, but they differ in form, purpose, and legal effect.  Letters patent are formal, written documents issued under the Great Seal, open for public inspection, declaring the monarch’s will in a matter of public record; they are addressed to all subjects, not to an individual or private recipient.  As an administrative device, letters patent are used to confirm rights, titles, offices, or privileges (including creating or conferring peerages or knighthoods) granting corporate charters (universities or city incorporations etc), issuing patents of invention or land grants and appointing public offices of state (governors, judges etc).  As legal devices, they operate as instruments of grant rather than command and unusually, take effect by virtue of being published, not by their delivery, registration or some form of gazetting.  Importantly, they can be subject to judicial challenge and voided if found to have been issued ultra vires (a legal maxim from the from Latin ultra vires (beyond the power) meaning (in this case) held to be beyond the monarch’s lawful prerogative) so although sounding something of an echo of the days of absolute power being exercised from the throne, they do operate within modern constitutional limits.

A royal proclamation is a command or declaration made by the monarch and issued over their signature but almost always drafted by the responsible ministers in government and published in the Gazette.  While a term like “royal proclamation” sounds like it might be used for commands like “off with their heads”, in modern use, typically, they’re invoked to announce or enforce policies, order, or regulations and that this is done under the royal prerogative is merely procedural.  So, while most are prosaic, (the regulation of this and that; announcing public holidays or public ceremonies etc), historically, royal proclamations have declared war and routinely still are the instrument summoning or dissolving parliament.  In the narrow technical sense the royal proclamation operates as an executive command rather than a grant but has a valid force of law only when issued under a lawful prerogative or statutory authority (since the Bill of Rights (1689), proclamations cannot create new offences or change existing law without the consent of both houses of parliament (as modified by the Parliament Acts (1911 & 1949)).

Mr Andrew Mountbatten Windsor (the former Prince Andrew, Duke of York) in the Garter robe he no longer dons (at least not when in public view).  Mr Mountbatten Windsor is the great grandson of King George V.

Because most are procedural, letters patent usually barely register in the public consciousness but, around the world, their use in late 2025 in the matter of Andrew Albert Christian Edward Mountbatten Windsor (b 1960) certainly made headlines.  Mr Mountbatten Windsor once was styled HRH (His Royal Highness) Prince Andrew, Duke of York, KG (Knight Companion of the Most Noble Order of the Garter), GCVO (Knight Grand Cross of the Royal Victorian Order) but the controversy about his alleged conduct with certain young women associated with the convicted child sex offender Jeffrey Epstein (1953–2019) meant that between 2022 and 2025, almost all his many titles gradually were (in one way or another) put into abeyance before his brother Charles III (b 1948; King of the United Kingdom since 2022) issued the letters patent effectively removing all.

Until that point, the gradual nibbling away of Mr Mountbatten Windsor’s array of titles had been an example of inept crisis management with him in 2022 ceasing to be a “HRH” in a “public capacity” but remaining one in his “private capacity”.  That didn’t mean he could use it only in his bedroom but meant it couldn’t be used were he to appear at any “official public event”.  While one being able to call oneself “HRH” only in private (presumably among consenting adults) might sound a bit of a slap on the royal wrist, it is possession of styles and titles which determine one’s place in the “order of precedence”, something of great significance to those who move in certain circles because where one sits on the pecking order determines things like who has to bow or curtsy to whom and whether at events one gets to sit somewhere nice with the dukes & earls or is shunted off into a corner with the provincial mayors and eldest sons of knights.  As a weapon, the removal of the “HRH” has been used against the Duchess of Windsor (Wallis Simpson; 1896–1986), Diana, Princess of Wales (1961-1997) and the Duchess of Sussex (Meghan Markle; b 1981).  Although Mr Mountbatten Windsor’s notorious television interview (approved by the palace courtiers against the advice of the media pros) seemed at the time the nadir of the crisis management of the “Andrew problem” (ranking with Boeing’s handing of the 737 Max’s “issues” and Intel’s attempt to “non-handle” the flaws in the original Pentium’s inbuilt math co-processor), the “drip feed” of the way his styles and titles gradually were eroded made things worse still.  As a footnote, the former Prince Andrew is now known as “Andrew Mountbatten Windsor” rather than “Andrew Windsor” because his father (Prince Philip, Duke of Edinburgh (1921–2021)) was upset his sons wouldn’t bear his name so the “Mountbatten” was added.

Revelations about his alleged conduct continued to emerge and in mid October, 2025, it was announced that following discussions with the king, he would cease to make use of the styles of address to which he was entitled as a duke and twice a knight of the realm (both knighthoods being in orders of chivalry in the personal gift of the sovereign (his mother) with no involvement by government).  That didn’t mean he ceased to be a duke (with subsidiary peerages) or the possessor of two knighthoods in orders of chivalry, just that he would no longer “use them”.  That meant for all public purposes he would revert to what he was by virtue of his birth: plain old “Prince Andrew”.  Had the revelations stopped there, the “fix” might have worked but as fresh accusations continued to appear, not only was the press making trouble but there were suggestions “the Andrew problem” might be discussed on the floor of the House of Commons where members enjoy what’s called “parliamentary privilege” (the right to make even defamatory statements without risk of legal action).  What appeared to be of particular interest to some politicians was Mr Mountbatten Windsor remaining eighth in the line of succession to the British throne (and thus the monarchies of Australia, the Bahamas, Belize, Canada and such).

Accordingly, on 30 October 2025, the palace announced the king would be removing all his brother's styles, titles, and honours.  While technically this does not revoke the peerages, it does mean they are no longer “effective” and thus not affecting the vital order of precedence.  On 3 November, the king issued letters patent stripping Andrew of both the style “HRH” and title “prince”.  That the king can do this by the mere inking of a sheet of vellum is because (1) letters patent are a powerful tool and (2) in 1917 George V (1865–1936; King of the United Kingdom & Emperor of India 1910-1936) effectively codified the monarch’s authority in such matters; no involvement by parliament being required.  In 1917 the UK was at war with the German Empire so anti-German sentiment was about and as well as changing the royal family’s name from the obviously Teutonic Saxe-Coburg-Gotha to Windsor, the opportunity was taken for an “agonizing reappraisal” of the domestic structure.

Letters Patent issued by George V, 30 November 1917.  When mention was made to the "Great Seal of the United Kingdom of Great Britain and Ireland", the reference was literally to a big wax seal.

Thus, King George V issued letters patent restricting use of the titles “Prince” & “Princess” and the style “HRH” to certain close relatives of the monarch: (1) the children of the sovereign, (2) the male-line grandchildren of the sovereign (3) and the eldest living son of the eldest son of the Prince of Wales (ie the heir apparent’s eldest son).  Other descendants of the monarch would be styled as children of dukes (Lord or Lady).  In doing this George V wasn’t claiming or asserting a new royal prerogative (it had long been acknowledged) but his issue of the 1917 Letters Patent was the moment it was codified and assumed the force of a formal decree.  That’s why it’s misleading to say the UK doesn’t have a written constitution; it’s just all the bits and pieces don’t appear in one consolidated document al la the US, Australia or the old Soviet Union.  The words of the 1917 Letters Patent were:

Whitehall, 30th November, 1917.  The KING has been pleased by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 30th day of November, 1917, to declare that the children of any Sovereign of these Realms and the children of the sons of any such Sovereign and the eldest living son of the eldest son of the Prince of Wales shall have and at all times hold and enjoy the style, title or attribute of Royal Highness with their titular dignity of Prince or Princess prefixed to their respective Christian names or with their other titles of honour; and that the grandchildren of the sons of any such Sovereign in the direct male line (save only the eldest living son of the eldest son of the Prince of Wales) shall have and enjoy in all occasions the style and title enjoyed by the children of Dukes of these Our Realms.

And forasmuch as it has become expedient that the usage whereby the style, title or attribute of Royal Highness and of Prince or Princess shall be borne by other descendants of Our said Grandfather of blessed memory shall cease, We do hereby further declare that the said styles, titles or attributes shall not henceforth be borne by such descendants of Our said Grandfather save those above mentioned.

Legally, “Our said Grandfather” actually referred to Victoria (1819–1901; Queen of the UK 1837-1901) and what the proclamation did was revoke the practice from Victoria’s time where almost all male-line descendants of the monarch were styled as princes or princesses.  Some countries still operate on the Victorian basis and a particular example is Saudi Arabia, a nation where, under their interpretation of the Sharia, kings and princes may enjoy more than the four wives which is the accepted limit in most Islamic nations which permit polygyny.  The royal scions have thus proliferated and if one moves in certain exulted circles, apart from the odd waiter or hairdresser, it can be possible to go through life and never meet a Saudi who is not a prince or princess.  In Saudi, for many reasons, it would be difficult to change the system but in Demark there recently was a cull of princes and princesses (the titles that is) with those who didn’t make the cut reverting to being count and countess of this and that.  For almost a century the 1917 Letters Patent remained the convention followed but  on 31 December 2012, Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) issued letters patent extending both HRH and Prince or Princess status to all the children of the eldest son of the Prince of Wales:

Whitehall, 31st December, 2012.  The QUEEN has been pleased by Letters Patent under the Great Seal of the Realm dated the 31st day of December 2012 to declare that all the children of the eldest son of The Prince of Wales should have and enjoy the style, title and attribute of Royal Highness with the titular dignity of Prince or Princess prefixed to their Christian names or with such other titles of honour.

What that achieved was a bit of “title creep”.  Under the George V rule, only the eldest living son of the eldest son of the Prince of Wales would have been styled a prince; younger siblings would not have been princes or princesses but rather Lord or Lady Mountbatten-Windsor.  What Elizabeth II’s 2012 Letters Patent did was equalize things so all the children of the eldest son of the Prince of Wales would be both HRH and princes or princesses; it’s a thoughtful great-grandmother who thinks of a way to avoid sibling rivalry.  There have since been no further general amendments to the 1917 convention although the royal prerogative has been used to grant or remove titles individually, such the letters patent issued granting the titles prince & princess to the Duke of Sussex’s children.

Windsor Castle, September, 2025.

The UK government's state banquet in honor of the visiting Donald Trump (b 1946; US president 2017-2021 and since 2025), hosted in Windsor Castle in September 2025.  Where one sits on the UK's order of precedence will influence (1) whether one is invited and (2) whether one gets a "good" seat.  Among US presidents, Mr Trump's second state visit was unprecedented.

So, titles and styles are quite a thing in royal families because they operate as a pecking order atop a pecking order.  Despite the frequency with which the claim is made, the British royal family is not wholly averse to change and one change they would be welcome would be things going back to how they were done decades or centuries ago: In 1938, George VI (1895–1952; King of the United Kingdom 1936-1952), being driven through Surry in the company of a US journalist, gestured through the window towards Runnymede, telling his companion: “That’s where the troubles started”.  For the institution of the monarchy, there have since 1215 been many troubles, some quite serious but apart for a brief, aberrant, republican interlude, one royal household or another has remained in place, challenges dealt with as they’ve arisen.  For the royal family, the matter of “the Andrew problem” is not so much what he’s alleged to have done (which could have been handled with the odd wry smile and otherwise never spoken of) but the ghastliness of it becoming public knowledge among “the common people”.  The attraction of “fixing things” by the use of letters patent is it’s quick and (it’s hoped) will mean “the Andrew problem” doesn’t end up being discussed in the House of Commons.  That would be bad enough but once such things start they can get out of hand and if one matter about the royal family is being discussed in parliament, there’s no guarantee it wouldn’t lead to other aspects being questioned.  There are many things about the royal family and their place in the UK’s constitutional apparatus which they’d prefer not be discussed and certainly not in the House of Commons.  As a tactic, the letters patent may well keep the commoners in the Commons at bay but Mr Mountbatten Windsor’s life may yet get worse because various institutions in the US are interested in questioning him in relation to alleged offences committed on US soil and an extradition request is not impossible.