Thursday, September 23, 2021

Fate

Fate (pronounced feyt)

(1) That which unavoidably befalls a person; their fortune or “lot in life”.

(2) The universal principle or ultimate agency by which the order of things is presumably prescribed; the decreed cause of events; time.

(3) That which is inevitably predetermined; the inevitable fortune that befalls a person or thing; destiny; the ultimate agency which predetermines the course of events.

(4) A prophetic declaration of what must be.

(5) A common term for death, destruction, downfall or ruin; a calamitous or unfavorable outcome or result.

(6) The end or final result (usually in the form “the fate of”).

(7) In Classical Mythology, as “the Fates”, the three goddesses of destiny (Clotho, Lachesis & Atropos), known to the Greeks as the Moerae and to the Romans as the Parcae.

(8) To predetermine, as by the decree of fate; destine (used in the passive and usually in the form “fated to”).

(9) In biochemistry, the products of a chemical reaction in their final form in the biosphere.

(10) In biology, as fate map, a diagram of an embryo of some organism showing the structures that will develop from each part.

(11) In embryology, the mature endpoint of a region, group of cells or individual cell in an embryo, including all changes leading to that mature endpoint (the developmental pathway).

1325–1375: From the Middle English fate (“one's lot or destiny; predetermined course of life” or “one's guiding spirit”), from the Old French fate, from the Latin fātum (oracular utterance; what has been spoken, utterance, decree of fate, destiny), originally the neuter of fātus (spoken), past participle of fārī (to speak), from the primitive Indo-European root bha- (to speak, tell, say).  The Latin fata (prediction (and the source of the Spanish hado, the Portuguese fado and the Italian fato)) was the plural of fatum (prophetic declaration of what must be; oracle; prediction), from fātus (“spoken”), from for (to speak) and in this sense it displaced the native Old English wyrd (ultimate source of the modern English weird).  When a Roman Emperor said “I have spoken” it meant his words had become law, subject only to the dictates of the gods, a notion in 1943 formalized in law in Nazi Germany when a decree of the Führer was declared to be beyond any legal challenge.

In Latin, the usual sense was “that which is ordained, destiny, fate”, literally “that which was spoken (by the gods) and often was used in some bad or negative way, (typically as some kind of harbinger of doom) and this association with “bad luck, ill fortune; mishap, ruin; pestilence or plague” carried over into Medieval Latin and from there to many European languages including English.  From the early fifteenth century it became more nuanced, picking up the sense of “the power or guiding force which rules destinies, agency which predetermines events” (often expressed to mean a “supernatural predetermination” and presented sometimes as “destiny personified”.  The meaning “that which must be” was first documented in the 1660s and that led (inevitability as it were) to the modern sense of “final event”, dating from 1768.   The Latin sense evolution came from “sentence of the Gods” (theosphaton in the Greek) to “lot, portion” (moira in the Greek, personified as a goddess in Homer; moirai from a verb meaning “to receive one's share”).  The Latin Parca (one of the three Fates or goddesses of fate) was the source of the French parque (a fate) and the Spanish parca (Death personified; the Grim Reaper) and may be from parcere (act sparingly, refrain from; have mercy upon, forbear to injure or punish (which etymologists suspect was a euphemism) or plectere (to weave, plait).  The Moerae (the Greek plural) or the Parcre (the Roman plural) were the three goddesses who determined the course of a human life (sometimes poetically put as “the three ladies of destiny”) and were part of English literature by the 1580s).  Clotho held the distaff or spindle; Lachesis drew out the thread and Atropos snipped it off, the three goddesses controlling the destinies of all.

The verb in the sense of “to preordain as if by fate; to be destined by fate” was first used in the late sixteenth century and was from the noun; two centuries earlier the verb had meant “to destroy”.  The adjective fateful dates from the 1710s and was from the noun, the meaning “of momentous consequences” noted early in the nineteenth century and both “fateful & “fatefully” were used by poets of the Romantic era with the meaning “having the power to kill” which belong usually to “fatal”, the attraction being the words better suited the cadence of the verse.  Just as the noun fate enjoyed some broadening and divergences in its meanings, other adjectival use emerged including fated from the 1720s which meant “doomed” (and “destined to follows a certain course” & “set aside by fate”), fatiferous (deadly, mortal) from the 1650s (from the Latin fatifer (death-bringing) and the early seventeenth century fatific & fatifical (having the power to foretell) from the Latin fatidicus (prophetic).  Fate is a noun & verb; fatalism, fatefulness & fatalist are nouns, fated & fating are verbs, fatalistic & fateful are adjectives and fatalistically & fatefully are adverbs, the noun plural is fates.

Fate has in English evolved to enjoy specific meanings and there’s really no exact synonym but the words destiny, karma, kismet; chance, luck, doom, fortune, lot, foreordain, preordain & predestination are related in sense while the antonyms (with a similarly vague relationship) include choice, free will, freedom & chance.  The idiomatic phrases using “fate” includes “as fate would have it” (the same meaning as “as luck would have it”, an allusion to the randomness of events and how so much good fortune in life is a matter of chance”; fate-fraught or fatefraught (fateful), quirk of fate (same as “quirk of fate”, a usually unfortunate (often ironic) change of circumstances or turn of events; seal someone's fate (to prevent (a decision, event, etc.) from being influenced or changed by a wilful act; to pre-empt someone's future actions by deciding the course of events ahead of time); sure as fate (with certainty); tempt fate (to court disaster; to take an extreme list); fate worse than death (which can be used literally (eg being sent to the Gulag in comrade Stalin’s time was often described thus on the basis a quick death was better than a slow one or the phrase “the living will envy the dead”, used often of those imagined to have survived a nuclear war) or figuratively (eg “going to a country & western concert is a fate worse than death” although that one may not be too far from literal.  The words “fate”, “destiny” & “doom” all relate to the hand of fortune (usually in the adverse) that is predetermined and inescapable and although they’re often used interchangeably, there are nuances: Fate stresses the irrationality and impersonal character of events; the randomness of what happens in the universe.  Destiny emphasizes the idea of an unalterable course of events, and is used of outcomes good and bad but rarely of the indifferent.  Doom is unambiguously always something bad, especially if final and terrible.  Doom may be brought about by fate or destiny or it may be something all our own fault.

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

Many notable political and military leaders like to damn the hand of fate when it doesn’t favour them but the word is often invoked when things look good.  In July 1939, the vice-chief of staff of the Imperial Japanese Army (Lieutenant General Shigeru Sawada (1887–1980)), impressed by the dynamism of the fascist states in Europe declared : “We should resolve to share our fate with Germany and Italy”.  In that he was of course prophetic although the fate of the three Axis powers a few years on wasn’t what he had in mind.  By 1939 however, things in Tokyo had assumed a momentum which was hard for anyone in the Japanese military or political establishment to resist although there were statesmen aware they were juggling in their hands the fate of the nation.  Yōsuke Matsuoka (1880–1946; Japanese foreign minister 1940-1941), almost as soon as the signatures has been added to the Japanese-German Anti-Comintern Pact (1936) observed: “It is characteristic of the Japanese race that, once we have promised to cooperate, we never look back or enter into an alliance with others.  It is for us only to march side by side, resolved to go forward together, even if it means committing double suicide”.  Even by the standards of oriental fatalism that was uncompromising and Matsuoka san probably reflected on his words in the days after the attack on Pearl Harbor (7 December 1941) when he lamented: “Entering into the Tripartite Pact was the mistake of my life.  Even now I still keenly feel it. Even my death won't take away this feeling.”

In the Western philosophical tradition, the difference between fatalism and determinism is sometimes misunderstood.  In essence, what fatalism says is that one does not act as one wills but only in the pre-ordained way because everything is pre-ordained.  Determinism says one can act as one wills but that will is not of one’s own will; it is determined by an interplay of antecedents, their interaction meaning there is no choice available to one but the determine course.  So, fatalism decrees there is an external power which irresistibly dictates all while determinism is less assertive; while there are sequences of cause and effect which act upon everything, they would be ascertainable only to someone omniscient.  That’s something to explore in lecture halls but not obviously of much use in other places but the more important distinction is probably that determinism is an intellection position that can be mapped onto specific situations (technological determinism; political determinism; structural determinism et al) where as fatalism, ultimately, is the world view that would should abandon all hope of influencing events and thus repudiate any responsibility for one’s actions.  Determinism is a philosophy, fatalism a faith.

Wednesday, September 22, 2021

Estoppel

Estoppel (pronounced e-stop-uhl or est-opp-al)

(1) In common law jurisdictions, a legal principle that prevents a party from asserting otherwise valid legal rights against another party because of conduct by the first party, or circumstances to which the first party has knowingly contributed, make it unjust for those rights to be asserted.

(2) In common law jurisdictions, a rule of evidence whereby a person is precluded from denying the truth of a statement of facts he has previously asserted.

1250-1300: From the Middle English from the Middle French estoupail or estopail (stopper; plug; a bung made of oakum (étoupe) from estoper (to stop up; to plug), a derivative of estoupe from the Latin stuppa ("broken flax, tow"), from Ancient Greek στύππη (stuppē) (broken flax).  Estoppel is the noun; the verb is estop, from the Middle English estoppen, from the Old French estopper & estouper, probably a variation on the Vulgar Latin stuppāre (to stop up with tow, caulk).  The once common misspelling estoppal seems to have gone extinct since law students began using spell-checkers.  Estoppel, estoppage & estop are nouns and estopped & estopping are verbs; the noun plural is estoppages.

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

Equitable Estoppel is known also as Estoppel by Conduct or Estoppel in Pais (outside of court; without legal proceedings) and refers to estoppel arising by virtue of a party's actions.  Equitable estoppel prevents a party from taking a position that is inconsistent with their past conduct, especially when another party has relied on that conduct to their detriment. The classic example is where a party undertakes not to enforce their legal rights, leading another relying on that promise to act in a manner which is to their detriment, the party making the promise may be estopped from later asserting their legal rights.  Equitable estoppel is the companion of Promissory Estoppel which operates where one party makes to another an unambiguous promise to and the latter relies on that promise to their detriment. If later the promisor reneges on the promise, the court may estop them from doing so; promissory estoppel is often used to enforce promises that may not meet the strict requirements of a contract.  Collateral Estoppel is known also as Issue Estoppel and it stops a party from re-litigating an issue already riled upon in a previous case.  If an issue was essential to a previous judgment, provided the party had adequate opportunity to litigate, they will estopped subsequently from re-litigating the same issue.  Estoppel by Deed is known also as Estoppel by Record and applies in situations where a party makes a false statement about property rights in a written instrument (typically a will or deed).  If another party relies on that written instrument to their detriment, the party who made the false statement may be estopped from denying the truth of the statement.  Estoppel by Silence is known also as Estoppel by Acquiescence and occurs when one party's silence or failure to act leads another party to believe that certain facts or rights exist.  If the first party later tries to assert a contrary position, they may be estopped from doing so because of their earlier silence or inaction.  Estoppel by Representation arises when one party makes a false representation to another, and the other party relies on that representation to their detriment. The party making the false representation may be estopped from asserting a contrary position.  In Estoppel by Laches, if a party unreasonably delays asserting their legal rights and this delay prejudices another party, a court may in some circumstances estop the delayed party from later asserting those rights due to the unfairness of the delay.

Estoppel by Election (unknown in some jurisdictions) is a special instance of estoppel by conduct and arises in cases where there exists a plurality of gifts or rights which are inconsistent (or offered as alternatives) and the party who makes the gifts or creates the rights, shows by and express or implied intention that the party taking the gift or claiming the right should enjoy one of them, but not both.  Having made their choice, the receiving party cannot later renege and attempt to choose the other.  Estoppel by election can also be invoked in cases where a party cannot approbate or reprobate under the same instrument.  According to the most fastidious lawyers, the mysterious Constructive Estoppel really doesn’t exist and the term should be used only as a way to explain the mechanism of things like estoppel by silence, acquiescence or conduct because such concepts are analogous with the well-known constructive fraud.  It has been used in some jurisdictions in real property cases where the true state of affairs found to differ from what was construed.  Typically, the case will involve a transfer of property where the registration of a document operates as constructive notice of its contents.  One party may be unaware of the document or its contents but, because it is registered, it is deemed all possess such knowledge (the theory being if one wanted to have such knowledge it could be obtained).  The objection in such matters is not to the operation of estoppel but just the adjective “constructive”; either the facts of the case will disclose the conditions of estoppel are present (in which case the principle operates) or they are not (and the principal will not operate).

Estoppel has thus delighted lawyers in that it proved amenable to being formulated in so many flavors but the classic formulation remains promissory estoppel, dating from a judgment of an English court in 1877 but which remained unexplored by the judiciary until revived in 1946, after which it proliferated.  It’s an example of the law of equity intruding into common law to correct what would otherwise be an injustice were a strict and literal interpretation of law to prevail.  It holds (1) Where a party has acted in good faith upon representations by another, even if those representations were never reduced to a form in which they would create a legal relationship between the two, the other party cannot enforce their strict legal rights and (2) If a party represents to another that in certain circumstances, they would not seek to enforce their legal rights, they cannot subsequently depend on those rights.  Australian courts have extended the principle of estoppel, even allowing a historically essential condition of contract to be waived, the High Court of Australia (HCA) later fusing common law and equitable estoppels into a single unified doctrine.  However, the NSW Court of Appeal still treats estoppel at common law separately from equitable estoppel, this perhaps influenced by the long history of the old Equity Bar in that state.  NSW was the last major jurisdiction in the country to merge law and equity and the historic names of Equity and Common Law are still used for the court’s two divisions, some barristers still referring to themselves (it's said with something of a superior air) as members of the “equity bar”.

Tuesday, September 21, 2021

Heresy

Heresy (pronounced her-uh-see)

(1) Opinion or doctrine at variance with the orthodox or accepted doctrine, especially of a church or religious system.

(2) The maintaining of such an opinion or doctrine.

(3) In Roman Catholic canon law, the wilful and persistent rejection of any article of faith by a baptized member of the church.

(4) Dissent, iconoclasm, dissension.

1175–1225: From Middle English heresie from Old French heresie and Late Latin haeresis (school of thought, philosophical sect) derived from the Greek haíresis (act of choosing, derivative of haireîn (to choose)).  Source of the Greek was haireisthai (take, seize), middle voice of hairein (to choose) of unknown origin but likely derived from the primitive ser (to seize), thought also to be the root of both the Hittite šaru and the Welsh herw, both best translated as “booty".  The modern meaning emerged from the use by early Christian writers who used the literal translation from the Latin (sect or doctrine) to convey their disapproval of unorthodox thoughts or ideas.  The Greek word was used in the New Testament in reference to the Sadducees, Pharisees, and even the Christians, as sects of Judaism, but in English bibles it usually is translated as sect.   The meaning "religious belief opposed to the orthodox doctrines of the Church" evolved in Late Latin and was adopted for non-religious use as early as the late fourteenth century.

The Church of England Rejects Heresy Courts Proposal

Lindsay Lohan offering salvation to a heretic, (Machete (2010)).  The revolver is a Smith & Wesson Model 500 (8.38" barrel; .50 Magnum load)

In mid-1999, in a rare moment of clarity, the Church of England flirted, after a gap of one-hundred and fifty years, with the re-introduction of heresy trials to deal with clergy accused of deviation in matters of doctrine or ritual.  The last heresy trial was in 1847, when the Bishop of Exeter (Henry Phillpotts (1778–1869; Anglican Bishop of Exeter 1830-1869) accused the Reverend George Cornelius Gorham (1787–1857) of being unsound on the doctrine of "baptismal regeneration", Mr Gorham not agreeing a person was cleansed of original sin at baptism and born again into Christ.  Although the Court of Arches agreed with the bishop, on appeal, the Judicial Committee of the Privy Council overturned the ruling which caused a (very Anglican) controversy about whether a secular court should be able to rule on matters of doctrine (as opposed to law or procedure).  Since then clergy and bishops have been (more or less) free to deviate from doctrine without punishment and the Right Reverend David Jenkins (1925-2016), a former Bishop of Durham (1984-1994), famously raised a few eyebrows when he discussed his heterodoxic view on the virgin birth and bodily resurrection of Christ.  The new disciplinary procedure for clergy was to include offences against "doctrine, ritual and the ceremonial" because those who profess atheism or deny the doctrine of the Trinity or the Incarnation “should be disciplined”.

Heretic crooked Hillary Clinton being burned at the stake (digitally altered image).

Although not as well known as other inquisitions, in England, in the sixteenth century Reformation during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547), about 60 heretics were executed.  Heresy laws were repealed in 1547, but reintroduced in 1554 by Mary I (1516–1558; Queen of England and Ireland 1553-1558 & Queen of Spain 1556-1558), under whom about 290 heretics were burned at the stake after the restoration of papal jurisdiction.  Executions of some 180 religious opponents continued under Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) but on grounds of treason rather than heresy although the offence remained on the books.  To the condemned, it must have seemed a tiresome technical distinction.  The last execution of a "heretic" in England occurred in 1612 although technically that was for the offence of blasphemy.  Puritanical, if not quite to the end but certainly for as long as they could, there was one later execution in Scotland in 1697 when Thomas Aikenhead (circa 1676-1697) was accused, inter alia, of denying the doctrine of the Trinity.  In a example of Scottish judicial modernization, Mr Aikenhead was hanged rather than burned at the stake although they retained blasphemy as a capital offence until 1825. 

Unfortunately, after mulling over things for half-a–decade, the General Synod of the Church of England rejected the revival of a heresy court and didn’t, even more regrettably, consider bringing back burnings at the stake.  It seems there were fears the court could be used to enforce a traditionalist view, targeting clergy, who for example, support same-sex marriages or gay clergy, both now apparently matters of greater theological importance than a belief in the resurrection.  That does seem strange given it’s the central tenet of Christianity but that’s clearly become view from both the General Synod and Lambeth Palace.  In an address to the synod, displaying his flair for simultaneously changing the subject and answering a different question than the one asked, then Archbishop of Canterbury, Dr Rowan Williams (b 1950; Archbishop of Canterbury 2002-2012), said it was important for the church “…to be able to speak out against issues like Apartheid.  The question I think we ought to be asking is whether this does or does not serve the integrity or credibility of the church in the long run.  I believe that such a measure can serve the integrity and credibility of the church if we do indeed step back in this way.  It is over twenty years since the World Alliance of Reform Churches declared that the theological justification for Apartheid was a heresy.  It would be, I think a very incredible and inadequate Christian church which did not have the resource to say something like that.”

Pope Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) and Cardinal George Pell (1941-2023) discuss the fate of heretics.

Monday, September 20, 2021

Mezzanine

Mezzanine (pronounced mez-uh-neen)

(1) In architecture, a low story between two other stories of greater height in a building, especially when the low story and the one beneath it form part of one composition; an entresol (in general use referred to as “mezzanine” or “mezzanine floor”, most historically between the ground and first levels because so many were added to take advantage of the high ceilings often found in these voids.  A mezzanine is an intermediate floor (occasionally called a “sub-storey” or “demi-storey”) which does not extend over the whole floor-space below and can thus be visualized a kind of (usually large) large balcony overlooking the floor below; many were atop “grand” staircases which were often the focal point of ground floors.

(2) By extension (and used loosely), an apartment, room, restaurant etc on such an intermediate floor.

(3) In theatre (and other performance spaces) design, the lowest balcony or forward part of such a balcony (North American use and known sometimes as the “dress circle”), the seats there usually sold either at a premium or a discount against the “orchestra” seats depending on the structure.

(4) In theatre design, a space under the stage, from which contrivances such as traps are worked (obsolete).

(5) In financial markets, an intermediate stage in a financial process, known variously as “mezzanine funding”, “mezzanine capital”, or “mezzanine debt” (“mezz” the shorthand of traders).

(6) In interior design, an additional layer of flooring, laid over a floor either to raise the height, conceal imperfections or afford protection from water penetration (the latter common in server rooms & farms).

(7) As “mezzanine window”, a a small window at the height of a mezzanine floor or an attic.

(8) In computer hardware, as mezzanine board, the gender-neutral replacement term for the earlier daughter boards (which plugged into motherboards (now the gender neutral system board)

(9) In figurative use, any intermediate or ancillary stage or device (rare except in engineering (engineering) where it’s used to describe things fulfilling an intermediate or secondary function.  Curiously, software engineers & coders seem not to use the term, possibly to avoid confusion with the hardware devices.

1705–1715: From the French mezzanine & its etymon the Italian mezzanino (a low story between two higher ones in a building), from mezzano (middle (adjective) & go-between (noun)) the construct being mezzan(o) (in either sense of “middle”), from the Latin mediānus (median; of the middle) + -ino (the diminutive suffix).  Mezzano was from the Latin adjective mediānus (central, middle), from medius (mid, middle), ultimately from a construct of the primitive Indo-European root médyos or médhyo (middle)) + -ānus (the suffix meaning “of or pertaining to”).  The word was almost exclusive to architects before the early twentieth century when it came to be used on New York’s Broadway to mean “lowest balcony in a theater”, presumably because the use of something so Italianesque might justify charging a premium for the ticket.  The Italian mediānus was an element also in words like mediator (an agent who interposes between two parties), medium (that size between big & small) and medieval (a creation of Modern English from the New Latin medium aevum (the middle age, thus pertaining to or suggestive of the Middle Ages), the construct being medi(ānus) (the middle) + aev(um) (age) + -al (the Latin adjectival suffix appended to various words (often nouns) to make an adjective).  Mezzanine is a noun & adjective and mezzanining & mezzanined are verbs; the noun plural is mezzanines.  Because mezzanine was a particular specification in architecture, historically, adjectives like mezzaninesque or mezzaninish would have been absurd but given the fertile imaginations of those engineering new financial products, they may yet come into vogue.

417 & 419 Venice Way, Venice Beach, Los Angeles, California where, during 2011, Lindsay Lohan lived (in 419 (right)).  This style of construction is sometimes called a “pigeon pair” but these two are only "semi-mirrored" because there are detail differences in the architecture.  Next door (417) lived Ms Lohan's former special friend Samantha Ronson.  Each four bedroom (3½ bathrooms) house included a floating stairway leading to a mezzanine which the property’s agent described as “ideal for a studio or office”.

419 Venice Way: Ground level showing the floating staircase to the mezzanine (left) and the mezzanine (right).

In casual use, many refer to smaller mezzanines as balconies but architects note the latter tend to be installed on a building’s exterior while a mezzanine is inherently an indoor feature.  While the motifs of ether can be used either inside or out, by convention the indoor/outdoor convention of use dictates the choice of nomenclature.  A mezzanine is an intermediate level which is built with a partial floor which doesn’t fully cover the floor and historically many were added between the ground and first levels to take advantage of the high ceilings often found in these voids, many featuring the so-called “grand staircases” which were often the focal point of ground floors.  By contrast, a balcony is an elevated platform typically attached to the upper exterior of a building to provide a space onto which people may sit or stand for a variety of purposes.

Lobby (foyer) of Stamford Plaza Brisbane, Queensland, Australia with the “grand staircase” leading to the mezzanine.  Wedding photographers are especially fond of big staircases because they provide the ideal base for the train of a bride’s dress to fall in a photogenic way.

Penta Mezzanine’s conceptual diagram of mezzanine financing.

The idea of mezzanine financing emerged in the US early in the twentieth century and is a highly variable mechanism involving a hybrid mix of debt and equity, the use of mezzanine in this context reflecting its “middle or intermediate” position between senior debt and equity in the corporate structures.  Mezzanine was a niche in US capital markets until the early post-war years when un-met demand in the gap between conventional (secured) bank loans and equity investment was identified and in the buoyant trans-Atlantic economy of the era it proved ideally suited to the increasingly popular leveraged buyouts (LBOs) and mergers & acquisitions (M&A) because of the flexibility and the acceptance of subordinated forms of capital.  By later standards the use of mezzanine instruments was on a small scale but the techniques developed lad the basis for the boom in corporate financing which flared in the newly deregulated environment of the 1980s and 1990s when the volume LBOs & M&A activity was such that some institutions were able to devote entire divisions to service the market.

Mezzanine financing is now part of financial industry in just about every developed economy and provides a source of capital combines debt and equity, almost always at a higher cost than traditional arrangements so while not regarded as a “last resort” in the way that term in used in banking, the device exists to fill the shortfall (ie the bit “in the middle”) between need and what conventional sources decide is justified by the risk.  Demanding (1) a premium interest rate to provide capital which is subordinated to other debts in the case of liquidation or bankruptcy & (2) taking an equity position are the ways the risk-reward math can be made to work for both parties and mezzanine financing continues to exists because it fulfills a need, thus ensuring there is both supply & demand to sustain the model.

Sunday, September 19, 2021

Portico

Portico (pronounced pawr-ti-koh or pohr-ti-koh)

(1) In architecture, a covered (but not enclosed) entrance to a building, the structure consisting of a roof supported by columns or piers, usually attached to the building as a porch.

(2) The Stoic philosophy, named after the public porch on the agora of Athens where Zeno taught (now obscure and used only in the history or teaching of academic philosophy).

1595–1605: An Italian borrowing from the Latin porticus (gate; entrance), the construct being porta + -icus.  Porta is from the primitive Indo-European root per- (to pass through or over), probably as a feminine nominalization of pr-tó- (passed through; crossed) and related to the Ancient Greek πόρος (póros) (means of passage).  The –icus suffix is from the i-stem + -cus, occurring in some original cases and later used freely.  It was cognate with the Ancient Greek -ικός (-ikós), the Proto-Germanic –igaz, the Old High German and Old English -ig, the Gothic -𐌴𐌹𐌲𐍃 (-eigs) and the Proto-Slavic –ьcь.  The Slavic form fossilized into a nominal agent suffix, but probably originally also served adjectival functions.  The Latin porticus was a doublet of porche and both plural forms, porticoes & porticos, are acceptable.

Portico at front entrance of the Port Office building, Edward Street, Brisbane, Queensland, Australia. The architect was Francis Drummond Greville Stanley (1839—1897) who completed the design between 1875-1877 while appointed Queensland Government Architect.

First widely used as a formalised style in Ancient Greece, a portico is a porch which provides cover over the entrance to a building.  Until recently, historians of architecture insisted on a portico being a structure supported by columns or pillars but without walls, variations of the theme usually called colonnades or ante rooms.  Now, the more general term "porch" seems often extended to what used to be a portico.

Drayton Hall, Charleston, South Carolina.

Drayton Hall, a fine example of Palladian architecture, is thought to have been completed in the early 1750s.  On the west façade, it features an unusual, recessed, double projecting portico, one striking aspect of which is the twinned staircases.  Symmetrically paired staircases leading up to porticos were a common feature in antebellum architecture but it’s rare to see them attached at right angles, the style of the plantation era tending to favour sweeping curves.

Villa Cornaro, Venice.

Drayton Hall’s double-layer portico is said to be the first of its kind in North America and influenced by similar constructions in Italy by Renaissance architect Andrea Palladio (1508–1580) who lent his name to this style.  His Villa Cornaro, a country estate in Piombino Dese, near Venice, he designed in 1551-1552, leaving an interesting discussion of the building in the second volume of I quattro libri dell'architettura (The Four Books on Architecture (1570)).

Lindsay Lohan approaching the portico of the "London house" in Parent Trap (1998).   The house is 23 Egerton Terrace, Knightsbridge London, SW3 although in the film it's labelled Number 7.

Saturday, September 18, 2021

Truculent

Truculent (pronounced truhk-yuh-luhnt or troo-kyuh-luhnt)

(1) Defiantly aggressive, sullen, or obstreperous; aggressively hostile; belligerent; fiercely argumentative; eager or quick to argue, fight or start a conflict.

(2) Brutally harsh; vitriolic; scathing,

(4) Savage, fierce (archaic).

1530–1540: From the Middle French, from the Latin truculentus, the construct being truc- (stem of trux (genitive trucis) (fierce; wild; savage; pitiless) + -ulentus (the adjectival suffix (and familiar as the related –ulent).  Although the ultimate source is uncertain, it may be from a suffixed form of the primitive Indo-European root tere- (cross over, pass through; overcome).  Truculent is an adjective, truculence & truculency are nouns and truculently is an adverb

Narcissus Truculent, commonly known as the truculent daffodil.

The original meaning was “cruel or savage” in the specific sense of “barbarous, ferocious, fierce”.  By the early seventeenth century the emphasis on “deadly & destructive” gave way to “defiant, uncompromising, belligerent, inflexible, stubborn, unyielding and eager to argue or start a conflict” and it’s likely the shift happened as the use transferred from descriptions of soldiers to more general discourse; it was thus an elaborated type of figurative use.  The noun truculence dates from 1727 and was from the Latin truculentia (savageness, cruelty), from truculentus.  The earlier noun truculency was in use as early as the 1560s.  The comparative is “more truculent” and the superlative “most truculent”, both forms able to be used either of one or between two or more: “Mr Trump seemed more truculent than usual” & “Mr Trump was at his most truculent” instances of one form and Mr Trump proved more truculent than Mr Romney” the other.  However, despite the labelling habits of some, truculence does not imply motive, merely conduct.  The use of truculent by some implies there’s resentment but there’s no etymological or other historical basis for that; truculence is a way of behaving, not the reason for the behavior.  An imaginative meteorologist might speak of “a truculent hurricane” but there’s no implication the weather system feels mistreated and is thus lashing out; it’s just an especially violent storm.  Nor does “truculent” of necessity imply something violent or raucous and there are many who gain their effectiveness in debate from their “quiet truculence”, a description often used of the English writer PC Wren (1875–1941), the author of Beau Geste (1924).  Wren’s “quiet truculence” was less to do with what was in his books than his unwavering insistence the tales of his life of adventure in the French Foreign Legion were all true, despite the complete absence of any documentary evidence.

Words often used (sometimes too loosely especially given the shifting sense since the seventeenth century) as synonyms include abusive, aggressive, antagonistic, bad-tempered, barbarous, bellicose, browbeating, brutal, bullying, caustic, combative, contentious, contumelious, cowing, cross, defiant, ferocious, fierce, frightening, harsh, hostile, inhuman, inhumane, intimidating, invective, mean, militant, mordacious, mordant, obstreperous, opprobrious, ornery, pugnacious, quarrelsome, rude, savage, scathing, scrappy, scurrilous, sharp, sullen, terrifying, terrorizing, trenchant, violent, vituperative & vituperous.  It may be a comment on the human character there are rather fewer antonyms but they include cooperative, gentle, mild, tame, polite, correct & nice (which has itself quite a history of meanings).

A truculent Lindsay Lohan discussing industrial relations with her assistant.

All things considered, truculent would seem an admirable name for a warship but only twice has the Royal Navy agreed.  HMS Truculent (1916) was a Yarrow Later M-class destroyer which had an unremarkable war record, the highlight of which was a footnote as one of the three destroyers escorting the monitors used in the famous Zeebrugge Raid of 23 April 1918 which was an early-morning attempt to block the Belgian port of Bruges-Zeebrugge by scuttling obsolete ships in the canal entrance and using others packed with explosives to destroy port infrastructure.  Only partially successful, the bloody and audacious raid is remembered for the phrase "Eleven VCs before breakfast", an allusion to the decorations awarded (11 x VCs (Victoria Cross), 21 x DSOs (Distinguished Service Order) and 29 x DSCs (Distinguished Service Crosses)).  The second HMS Truculent (P315) was a T-class submarine, launched in 1942, which sunk nine ships during World War II (1939-1945).  It’s remembered now for lending its name to the “Truculent Light”.  On 12 January 1950, while travelling at night on the surface in the Thames Estuary, she collided with the 643 ton Swedish carrier SS Divina, on passage from Purfleet to Ipswich with a cargo of paraffin and, her hull been severely breached amidships, the submarine sank almost instantly with the loss of 64 men (there were 20 survivors).  As a consequence, regulations were introduced requiring all Royal Navy submarines be fitted with an additional steaming, panoramic white light on the bow.  The “Truculent Lights” ensure that while on the surface, despite being low in the water at in darkness close to invisible, submarines remain visible to other ships.

The wreck of HMS Truculent being salvaged.  All Royal Navy submarines have since “the Truculent Incident” been fitted with a 360o white navigation light on the bow, known as the “Truculent Light”.

There have been no Truculents launched since but other "aggressive names" have over the centuries been used or proposed including 5 x HMS Vindictive (the last launched in (1918), 6 x HMS Arrogant (1896; a planned aircraft carrier was cancelled in 1945), 1 x HMS HMS Aggressor (1801; a planned aircraft carrier was cancelled in 1945), 1 x HMS Antagonist (a planned submarine cancelled in 1945), 8 x HMS Bruiser class (1947), eight x HMS Savage class  (1942), 1 x HMS Violent (1917) and 7 x HMS Warspite (1991; Warspite scheduled to be the third of the planned Dreadnought-class ballistic missile submarines) and 9 x HMS Terror class (1916).  Anticipating a later truculent spirit however there was, uniquely, an HMS Trump (P333), one of the 53 of the third group of the T class.  She was launched in 1944 and for most of her life was attached to the Australia-based 4th Submarine Squadron (although remaining always on the Royal Navy's list).  HMS Trump was one of her class which remained in service after the war and based in Australia, was re-fitted to provide the enhanced underwater performance needed for the anti-submarine force to counter the growing threat from the Soviet navy.  The last Royal Navy submarine posted to be stationed Australian Waters, she was struck from the active list in 1969 and scrapped in 1971.  HMS Trump notwithstanding, the naming trend in recent decades has been less truculent and it can’t be long before the launching of HMS Diversity, HMS Equity and HMS Inclusion (the three ships of the DEI class which won't be armed but will be heavily armored and very welcoming environments where sailors are encouraged to talk about their feelings).

Friday, September 17, 2021

Threnody

Threnody (pronounced thren-uh-dee)

(1) A poem, speech, or song of lamentation for the dead; a dirge or funeral song.

(2) Any song or poem of lament (now an unfashionable use).

1615–1625: From the Ancient Greek the construct being θρηνδία ((thrēn)ōidía), (lamentation) + δή (-ōid()) (song).  The Greek ōid was ultimately from the primitive Indo-European root hweyd- (to sing) and was the source also of “ode”, “tragedy”, “comedy”, “parody”, “melody” & “rhapsody”.  The Greek θρνος (thrênos) (wailing) is often translated as “dirge”, the distinction perhaps of technical value to anthropologists of music.  The form in the New Latin was thrēnōdia.  The (rare) alternative spelling was threnedy and the commonly used synonyms included dirge, coronach, lament & elegy.  Threnody & threnodist are nouns, threnodial & threnodic are adjectives and threnodially is an adverb; the noun plural is threnodies.

Although in the modern era music migrates effortless and instantly from one place to another, historically musical forms varied greatly between cultures but it seems songs of lament or other compositions used at funerals or in memory of the dead must have been close to a universal feature of all societies.  Of course not all used the same musical devices to denote mournfulness or summon the mood of sadness but it seems in some way to have been an essential part of the ritual.  Even in those cultures where the mood was less one of sadness and more a marking of a transition from one world to the next, some music was a part of the process.  The Greek-derived word "threnody" spread to a number of European languages and in some cases their colonial empires including the Bulgarian погреба́лна пе́сен (pogrebálna pésen), the Finnish surulaulu, the German Threnodie, the Hungarian gyászdal, gyászének, gyászköltemény, kesergő & elégia, the Japanese 悲歌 (hika) & 哀歌 (aika), the Latin nenia (feminine) & threnus (masculine), the Macedonian ре́дба (rédba), та́жалка (tážalka), по́гребна пе́сна (pógrebna pésna), the Norwegian Bokmål klagesang & Norwegian Nynorsk klagesong, the Polish tren, the Portuguese trenodia, the Russian эле́гия (elégija) & погреба́льная пе́снь (pogrebálʹnaja pésnʹ), the Serbo-Croatian елегија, жалопојка, the Spanish treno & canto fúnebre and the Vietnamese bài điếu.

Confessions of a Broken Heart (Daughter to Father) from A Little More Personal (Raw) (2005).

Confessions of a Broken Heart was a lament and there was a time when it would have been regarded as a threnody because, as a synonym of elegy, it underwent the same extension of meaning.  Strictly speaking an elegy or threnody was a song or poem of mourning but because the ancient metre of such pieces was elegiacs, so named on that account, over time all that was written in elegiacs came to be called an elegy (and thus a threnody) and that extended to any short poem (regardless of the metre use) of the subjective kind (ie an expression of the author’s feelings).  As poetry has passed from a mass audience into the hands of critics, academics and a handful of dedicated readers, the original senses have been restored so threnodies & elegies are now again understood as works of mourning, the former particularly a wailing ode, song, hymn or poem of mourning composed or performed as a memorial to the dead.

Tren ofiarom Hiroszimy (Threnody to the Victims of Hiroshima) is a composition for 52 string instruments composed in 1960 by Polish composer Krzysztof Penderecki (b. 1933) and first performed the following year.

An avant-garde piece, the work was originally called 8’37” (the duration of the performance) because length of the sound events of the piece are given in seconds, rather than the eighth notes of conventional notation, one of the several experimental aspects in the score which uses a variety of unorthodox notations to indicate how the music should be played.  As the title indicates, it’s a political piece but it was originally purely an experiment with musical ideas, an attempt to “develop a new musical language” and an example of sonorism (a Polish school of composition), focusing on texture, timbre & articulation to permit musicians some degree of “expressivity” in the use of their instruments.  Echoing a sentiment many twentieth century experimental composers would express, Penderecki admitted that for some time before any notes were written, “It existed only in my imagination, in a somewhat abstract way” and if was only when he heard it performed he was “…struck by the emotional charge of the work...” and was moved to dedicate it to the victims of the atomic bomb dropped on the Japanese city of Hiroshima in August 1945.  He thought his score “both solemn and catastrophic” and in 1964 wrote: “Let the Threnody express my firm belief that the sacrifice of Hiroshima will never be forgotten and lost.”  The political purpose of the threnody was encapsulated in the thoughts on nuclear weapons expressed in 1954 by General Dwight Eisenhower (1890-1969; US president 1953-1961) when the National Security Council suggested the French be assisted in Vietnam by use of A-Bombs: “You boys must be crazy. We can’t use those awful things against the Asians for the second time in ten years. My God.”

The musical legacy however was perhaps more notable.  So obvious was the emotional power the piece exerted it was used in a number of horror films including William Friedkin’s (1935–2023) The Exorcist (1973) and its motifs influenced a number of the European bands which experimented with the possibilities of electronic instrumentation in the 1970s and beyond, most notably the Berlin-based Tangerine Dream.  The unconventional string ensemble assembled (24 violins, ten violas, ten cellos, and eight double basses) was manipulated to produce tone clusters, faster and slower vibratos, slapping, playing on the tailpiece and behind the bridge; while the sound durations are dictated precisely in seconds, other aspects of the music are discordantly aleatoric, allowing the players a choice of techniques, the implication being no two performances would be quite the same to an extent beyond the differences extracted by one conductor or another.  Curiously, there are discrepancies between the events of that day in 1945 and the musical structure.  It’s suggested for example one of the early cacophonies of clusters was to suggest the screaming of residents as they look up and see the bomber above, knowing they’d be bombed, but not knowing the appallingly new nature of the horror they were about to experience.  In fact, the USAAF (US Army Air Force) had for some time been making over-flights to accustom the population to the sight of a Boeing B-29 (which the city's residents dubbed the "B san") and convince them there was no need to seek shelter.  This was the first use of the A-Bomb as a weapon and as well as a military-cum-political mission, it was also an experiment in nuclear ballistics, the planners wanting to know the effectiveness (ie the casualty-rate & death-toll) when used against an un-sheltered urban population.