Siren

Siren (pronounced sahy-ruhn)

(1) In classical mythology, one of several sea nymphs, sometimes depicted as part-woman, part-bird and sometimes as as sisters, who lured mariners to destruction by seductive singing.

(2) A woman who sings sweetly and charms.

(3) In slang, a seductively beautiful or charming woman, especially one who beguiles men; a seductress, temptress or vamp; a dangerous women who preys on the weaknesses of men.

(4) An acoustical instrument for producing musical tones, consisting essentially of a disk pierced with holes arranged equidistantly in a circle, rotated over a jet or stream of compressed air, steam, or the like, so that the stream is alternately interrupted and allowed to pass.

(5) An variation of this implement which makes a piercingly loud sound and used as a whistle, fog signal, or warning device; the sound made by such a device.

(6) In zoology, (1) any of several aquatic, eel-like salamanders of the family Sirenidae, having permanent external gills, small forelimbs, and no posterior limbs, (2) a member of Sirenia, an order of mammals or (3) any of various nymphalid butterflies of the genus Hestina.

(7) Anything seductive or tempting, especially dangerously or harmfully.

(8) In music, a musical instrument (one of the few aerophones in the percussion section of the symphony orchestra).

(9) An instrument for demonstrating the laws of beats and combination tones.

(10) In astronomy & astrophysics, an astrophysical event which can be used for calculating cosmic distances. 

1300-1350: From the Middle English siren & sereyn from the Old French sereine, (the Modern French sereine dating from the twelfth century), from the Late Latin sīrēna and the Classical, Latin Sīrēn & Sīrēna, from the Ancient Greek Σειρήν (Seirḗn).  The Seirēnes were the alluring sea nymphs of classical mythology and the figurative sense of "one who sings sweetly and charms" was first noted in the 1580s although the classical descriptions of them were mangled in medieval translations, resulting in some odd and fantastical notions of their appearance and they were often conflated with mermaids.  The Vulgate (the Biblia Vulgata, the fourth century translation of the Bible which, through the choices of words and senses made by the translator had a profound effect on Christianity and Christendom) also gifted to Middle English the use of the word to describe an imaginary species of flying serpents, based on glossary explanations of the Latin sirenes in Isaiah 13:22.    In the Greek the word was used also to mean "a deceitful woman" although etymologists note that may have been literally "binder, entangler", from seira (cord, rope).  In zoology, the mammalian sense appeared first in was first attested in French in Les entretiens d'Ariste et d'Eugène (Conversations between Ariste & Eugène) by the French Jesuit priest Dominique Bouhours (1628–1702) while the use to describe the aquatic salamander was introduced in 1766 by Swedish zoologist & physician Carl Linnaeus (1707–1778 and styled as Carl von Linné after 1761) for a genus of reptiles.

The use to describe the mechanical device which "makes a warning sound" was first recorded in 1879 when they were installed on steamboats and this may have been imitative of the similar French word.  In the course of the twentieth century, the things were adapted as audible warning devices for many purposes including air raids, emergency service vehicles and fire alarms.  In schools, workplaces and other geographically large sites, they were used to mark the start and finish of shifts, meal breaks etc.  As late as the 1940s, the spelling variation sireen also existed but it (like the Elizabethan adjectives sirenean, sirenian, sirenic, sirenical & sireny) is extinct although the writer & critic John Ruskin (1819–1900 and known for his fondness for nymphs), used sirenic so with that imprimatur, some modern aesthete might be tempted to revive the form. 

Odysseus and the Sirens

In Greek mythology, the Sirens were deadly creatures who used their lyrical and earthly charms to lure sailors to their death.  Attracted by their enchanting music and voices, the seduced seafarers would sail their ships too close to the rocky coast of the nymph's island and there be shipwrecked.  Not untypically for the myths of antiquity, the sirens are said to have had many homes.  The Romans said they lived on some small islands called Sirenum scopuli while later authors place them variously on the islands of Anthemoessa, on Cape Pelorum, on the islands of the Sirenuse, near Paestum, or in Capreae.  All were places with rocky coasts and tall cliffs.

Sirens and the Night (1865), oil on canvas by William Edward Frost (1810-1877).

It was Odysseus who most famously escaped the sirens.  Longing to hear their songs but having no wish to be shipwrecked, he had his sailors fill their ears with beeswax, rendering them deaf.  Odysseus then ordered them to tie him to the mast.  Sailing past, when he heard their lovely voices, he ordered his men to release him but they tightened the knots, not releasing him till the danger had passed.  Some writers claimed the Sirens were fated to die if a man heard their singing and escaped them and that as Odysseus sailed away they flung themselves into the water and drowned.  The idea of the sirens persists in idiomatic use:  The "siren sound" is used to refers to words or something which exerts a particular compelling attraction but a "siren call" can be used of something not directly audible such as the thoughts evoked by a painting or even a concept, populism, fascism & communism all described thus at times.

The Chrysler Air Raid Siren and the Firepower V8  

According to Guinness World Records, the loudest sirens ever were the 350-odd built by Chrysler for the US government in the early 1950s and installed around the country to warn of an impending nuclear attack by the Soviet Union.  The maximum volume the devices generated was recorded (at a distance of 100 feet (30.5 m)) as 138 decibels (dB), a level which meant a human would be deafened if within 200 feet (61 m) during their operation.  Guinness noted the compressor discharge throughput at peak volume was 74 m³ (2,610 cubic feet at 7 lb per square inch) of air per second and the physics of fluid dynamics (air a fluid in this context) was such that this would have caused a sheet of paper in the path spontaneously to ignite.  By comparison the now retired supersonic airline Concorde at take-off produced noise levels between 112-114 dB at a distance of 100 feet and even the after-burner equipped military jets (F-16, F-35 et al) haven’t been recorded as generating levels as high as 138 dB.

Although there were ebbs in the tensions, the “High Cold War” is regarded as the time between the early 1950s and mid 1960s, the public perception of which was dominated by the fear of nuclear war. The US government made many preparations for such an event, notably building vast underground facilities where essential personnel (members of the administration, the Congress and their families and servants) could live until it was safe to emerge into the post- apocalypse world).  The tax-payers who paid for these facilities were of course rather less protected but the government in 1952 did install warning sirens in cities; people might still be vaporized by comrade Stalin's (1878-1953; Soviet leader 1924-1953) H-Bombs but they would know it was coming so there was that.

The early version was co-developed by Chrysler and Bell Labs and named the Chrysler Bell Victory Siren which sounded optimistic but although the acoustic properties met the specification, the drawback was the devices were manually controlled and required someone physically to be there to start the thing and, being directional, rotate it so the sound would be broadcast 360^o.  The obvious flaw was that were there to be a nuclear attack in the area, the job-description was self-sacrificial, something comrade Stalin would doubtless have thought just the part of the cost of war with the unfortunate soul posthumously to be awarded the coveted Герой Советского Союза (Hero of the Soviet Union) decoration.  However, neither the White House or the Pentagon like the optics of that and revised specifications were issued.

Photograph by Rob Storms of Chrysler Air Raid Siren atop Rochester Fire Department Maintenance Building, Rochester, Monroe County, New York.

Chrysler responded with a more elaborate device which was automated and remotely administrated, the Chrysler Air Raid Siren introduced in 1952.  It was powered by the corporation’s new 331 cubic inch (5.4 litre) Hemi-head V8, rated at what was then a stellar 180 HP (134 kW), a three-stage compressor added to increase output.  Instead of demanding a potentially doomed operator, there was a control panel connected (with nothing more than the two-pair copper cables which became familiar as Cat3) to dedicated phone lines so it could be activated either by local civil defense authorities or the military.  The big V8 provided sufficient power to both increase the dB and the geographical coverage, the siren able to be heard over an area of some 15.8 square miles (41 km³), an impressive number given the electric sirens used today for tornado and tsunami warnings have an effective footprint of only some 3.9 square miles (10 km³).

Chrysler Air Raid Siren being delivered, 1953.

In 1952, there was no engine better suited to the task than Chrysler’s new “FirePower” V8.  Applying their wartime experience building a number of high-output, multi-cylinder engines (the most remarkable a V16 aero-engine rendered obsolete by jet technology before it could be used), the FirePower featured hemispherical combustion chambers and was the corporation’s first use of overhead-valves.  Both designs had been around for decades but in time, Chrysler would make a (trade-marked) fetish of “Hemi”, continuing cheerfully to use the name for a range of V8s introduced in 2003 even though they were no longer a true hemi-head, the design unable to be adapted to meet modern exhaust emission laws.  The so-called “third generation” Hemi remains available still although how long it will last will be a matter of the interplay of politics and demand.  Doubtless, it’s on Greta Thunberg’s (b 2003) hit-list and that she and the engine debuted in the same year will impress her not at all.

Chrysler FirePower 392 cubic inch V8 in 1957 Chrysler 300C Convertible.

The FirePower was first sold in 1950 in 331 cubic inch (5.4 litre) form, growing over the decade first to 354 (5.8) and then 392 (6.4) before being retired in 1959, the wedge-headed alternative with increased displacement a cheaper path to power.  Chrysler and Imperial shared the engines but remarkably, in an approach which today must shock accountants and efficiency experts, the companion divisions (De Soto & Dodge) produced nine different hemi-head V8s with capacities between 241 (4.0) and 345 (5.6) with relatively little commonality of components between them all.  The last of the FirePowers were noted also for being one of the first offered with electronic fuel injection which offered real advantages over the mechanical systems then available in a handful of models in Europe and the US but the technology was then too fragile to be reliable and most of the 16 sold (reputedly all but one) were recalled and retro-fitted with a pair of faithful four barrel carburettors.  In 1964, the hemi-head was revived for a racing engine and, to satisfy the regulatory body which had been unimpressed with the use of such a thing in a series for “stock” cars, it was made available to the public between 1966-1971, this time actually called “Hemi”.  In 426 cubic inch (7.0 litre) form, it was this iteration which built the reputation which Chrysler still exploits.

Some 350 Chrysler Air Raid Sirens were built, all by the Marine & Industrial Engine division based in Trenton, Michigan, some still in service as late as the 1970s.  During the era of détente, the last were retired, some sold to museums or collectors while some were just abandoned because, mounted atop tall buildings to maximize their acoustic coverage, the cost of removal far exceed their value as units or scrap.  Three fully functioning Chrysler Air Raid Sirens still exist, one in a remote part of Texas where it’s safe to stage the occasional demonstration of the sound.  During these displays, the clear zone (minimum safe distance) extends 320 feet (97.5 m) but even at this range, anyone standing directly in front of the projection horns would find the experience uncomfortable, prolonged exposure likely to damage one’s hearing.  Although directional, there’s much “sound soak” otherwise in the proximity in the device just operating the siren from the side control panel requires a minimum hearing protection of 30 dB.

Lindsay Lohan as a siren; it would seem almost a calling.

One collector attracted to them was Don Garlits (b 1932) who in the post-war years was among the most innovative and successful drivers and builders in the sport of drag-racing which became wildly popular and it was with Chrysler Hemis he build his reputation.  In 1997, a documentary crew from the UK visited Garlits and saw one of the old sirens sitting neglected in the storeroom where it’d sat for decades after having spent some twenty years in the salt-laden air atop a Florida high-rise.  Remarkably, after doing little more than connecting a battery and checking the oil and coolant, once a carburetor had been bolted on with a can of gasoline (petrol) rigged up, it started almost immediately.  What was most surprising was that it had never before run on gasoline because the sirens had always used propane.  As Garlits over the decades discovered a ¼ mile at a time, the FirePower was a tough old thing.

Chrysler Air Raid Siren at the Don Garlits Museum of Drag Racing, re-awakened after decades, 1997.

Limbo

Limbo (pronounced lim-boh)

(1) In (informal) Roman Catholic theology, a region on the border of hell or heaven, serving as the abode after death of unbaptized infants (limbo of infants) and of the righteous who died before the coming of Christ (limbo of the fathers, or limbo of the patriarchs); often with initial capital letter.

(2) A place or state of oblivion to which persons or things are regarded as being relegated when cast aside, forgotten, past, or out of date.

(3) An intermediate, transitional, or midway state or place.

(4) A place or state of imprisonment or confinement.

(5) A dance from the West Indies (originally restricted to men), in which the dancer bends backward from the knees and moves with a shuffling step under a horizontal bar that is lowered after each successive pass.  Among university under-graduates (and other disreputable types), the activity is now often combined with drinking contests where the bar's height is inversely proportional to the contestant’s consumption of alcohol.

(6) Used loosely, a synonym for oblivion, nothingness or nowhere.

(7) In the slang of the military slang, a demilitarized zone (DMZ).

(8) A colloquial form used to refer to a Limburger, a person from Limburg (the southernmost of the twelve provinces of the Netherlands; the French form being Limbourgeois).

1300–1350: From the Middle English, from the Medieval Latin phrase in limbō (“on hell's border” literally “on the edge”), the being construct in + limbō, ablative of limbus (edge, border) the term in Medieval Latin best translated as a “place bordering on hell”.  The West Indian English limba (to bend, easily bending) is relatively recent, emerging 1955-1960 and is of uncertain origin but most etymologists suggest it likely came from Jamaica, probably an alteration of limber as it is a test of physical agility.  Limbo is a noun & verb, limbo-like is an adjective (limbolike is a registered trademark and thus a noun), limboed & limboing are verbs; the noun plural is limbos or limboes.

Medieval conjecture which became informal theology

Surprisingly, despite the place it has in language and popular imagination, limbo has never formerly been part of Roman Catholic doctrine and was a bit of a medieval fudge.  It was championed by Italian Dominican friar, philosopher & theologian Saint Thomas Aquinas (1225–1274), taking hold in the western Church and perhaps most influential in the popularity was the Italian Dante (Dante Alighieri (circa 1265–1321) who, in his Divina Commedia (Divine Comedy (circa 1310-1321)) used limbo as the resting place for virtuous pagans.  Dante sticks in the mind.

In April 2007, early in his papacy, Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) authorized the publication of “The Hope of Salvation for Infants Who Die without Being Baptised” which some suggested appeared to render defunct limbo, the place centuries of tradition and much teaching held was the place the souls of babies who die without baptism were sent.  An explanatory memorandum from the Church’s International Theological Commission accompanied the document, suggesting it was issued to correct what was “…an unduly restrictive view of salvation”.

The commission however stressed there was no change to Church doctrine.  It remains Church teaching that baptism removes original sin which stains all souls since the fall from grace in the Garden of Eden and that its conclusions should not be interpreted as questioning original sin or “…used to negate the necessity of baptism or delay the conferral of the sacrament”.  Instead, the document merely notes “… God is just and merciful and would not …exclude infants, who have no personal sins, from eternal happiness… from the kingdom of heaven”.  It added the need for publication was not without urgency because the number of “…non-baptised infants has grown considerably, and therefore the reflection on the possibility of salvation for these infants has become urgent”.

Christ in Limbo (1510), one of a series of twelve woodcuts (eleven scenes and a title page) from The Large Passion by Albrecht Dürer (1471-1528).

In theology, limbo had long been understood in two senses:  Firstly (denoted as limbus partum) as the temporary place of rest for the souls of the just awaiting the salvation of the Messiah and secondly (limbus infantium or limbus puerorum), as the final state of the souls of those who died without baptism yet without mortal sin.  Because the Church never officially defined this as doctrine, it’s regarded as theological supposition or, as Benedict put it “medieval conjecture”, constructed probably to avoid the creation of a loophole which unworthy sinners and lawyers might exploit to get into heaven.  All the same, scripture does seem explicit, Jesus teaching that no one “can enter into God’s kingdom without being begotten of water and Spirit” (John 3:5), thus the old assertion in the old Catechism that God Himself “…affirms that Baptism is necessary for salvation.” 

The term "in limbo" is now used to describe an uncertain, undecided, transitional (though not indeterminate) state or condition and can be applied to people, things or concepts.

In Constantinople, because the Byzantines were never as in thrall of Augustine as the folk in Rome, Limbo never really bothered the many but over the centuries, the issue attracted the attention of notables.  Saint Gregory Nazianzen (circa 329–390) implied somewhere like limbo might exist, believing the unfortunate infants would neither “…be admitted by the just judge to the glory of Heaven nor condemned to suffer punishment” and Tertullian (155–circa 220) before and Saint Ambrose (circa 340–397) after, concurred.  Saint Augustine of Hippo (354–430) was more stern and said there was no limbo, there was just Heaven and Hell and that of course unbaptized souls are sent to Hell because they were born in original sin and nor could they go to Purgatory since that is a pathway to Heaven.  All he would concede was of those in Hell, the torment of infants would be the mildest although he didn't go into detail.  Eight-hundred odd years later, Aquinas was more generous, noting the original sin was committed by the parents and not by the child and since (1) Hell was the place where unrepentant mortal sinners are sent for eternal punishment (2) only the baptized could enter Heaven, then (3) the souls of unbaptized children must go somewhere else and here was the (admittedly shaky) foundation of limbo.  In a quite modern flourish, Aquinas helpfully added that because they’d never been born, the infants would never have learned of the glories of Heaven so, not knowing what they’d missed, they’d probably find limbo rather nice.  It was a fudge worthy of any Lambeth conference.

Luca Signorelli (circa 1444-1523), The Resurrection of the Flesh (1499-1502) Fresco Chapel of San Brizio, Duomo, Orvieto.

The issue didn’t go away and in the eighteenth century, a radical group of neo-Augustinites, a kind of Romish version of the Republican Party's Freedom Caucus and known as the Jansenists, rejected limbo, the idea of which had for hundreds of years provided comfort to grieving parents, forcing Pope Pius VI (1717–1799; pope 1775-1799) in 1794 to issue the Papal Bull Auctorem Fidei (Of our Faith), condemning, inter alia, the denial that there is a place “which the faithful generally designate by the name of limbo for children”.  It was a rare official mention of limbo but well short of a definitive statement.  Interest was renewed in the twentieth century but Pope Pius XII (1876-1958; pope 1939-1958), hardly one fond of radical change, in 1943 issued a statement in the Holy See’s periodic gazette again neither defining nor rejecting limbo.  

So, press releases aside, the commission’s document suggests in the eight centuries between Aquinas and Benedict XVI, in limbo, not much has changed; the Catechism still asserts only that children who die before baptism are entrusted into the mercy of God.  Benedict XVI, no stranger to dancing on the head of a pin, seemed both to clarify and cloud the waters by saying limbo was only ever “medieval conjecture” and given there is no explicit answer from Scripture, people seem still free to make of it what they will.

Surplus

Surplus (pronounced sur-pluhs)

(1) Something that remains above what is used or needed.

(2) In agricultural economics, produce or a quantity of food grown by a nation or area in excess of its needs, especially such a quantity of food purchased and stored by a governmental program of guaranteeing farmers a specific price for certain crops.

(3) In accounting, the excess of assets over liabilities accumulated throughout the existence of a business, excepting assets against which stock certificates have been issued; excess of net worth over capital-stock value.

(4) In public finance, an excess of government revenues over expenditures during a certain financial year.

(5) In international trade, an excess of receipts over payments on the balance of payments.

(6) In economic theory, an unsold quantity of a good resulting from a lack of equilibrium in a market.  For example, if a price is artificially high, sellers will bring more goods to the market than buyers will be willing to buy.  In classical economics, the opposite of shortage.

(7) In Chancery law (and its successor courts), the remainder of a fund appropriated for a particular purpose.

1325–1375: From the Middle English surplus, from the Old French sorplus (remainder, extra), from the Medieval Latin superplūs (excess, surplus), the construct being super (over) + plūs (more).  Surplus in Italian is a borrowing from modern French where surplus has existed since the twelfth century.  In English, surplus has been used as an adjective since the fourteenth century.  Enjoying the same pronunciation, surplice and surplus are often confused.  A surplice is a liturgical vestment of the Christian Church, usually styled as a tunic of white linen or cotton material, with wide sleeves and often some lace embellishment or embroidered edges.  Lengths vary; in medieval times it reached almost to the ground but tends now to be shorter; some still retain the longer garments for the ceremonial.  As surplis, it was a thirteenth century Middle-English borrowing from the Anglo-French surpliz, a syncopated variant of Old French surpeliz, derived from the Medieval Latin superpellīcium (vestīmentum) over-pelt (garment), neuter of superpellīcius.  Construct was super (over) + pellīt(us) (clothed with skins or fur) + -ius (the adjectival suffix).  A clerical surplice is thus a kind of frock; a clerical surplus means too many priests.

Surplus Repression

German-American Herbert Marcuse (1898–1979) was a sociologist and philosopher, highly influential in the mid-late twentieth century.  Even today, Marcuse enjoys a cult following.

A critique of capitalism’s culture and economic arrangements, Marcuse's book Eros and Civilization (1655) drew, inter alia, from Karl Marx (1818-1883) and Sigmund Freud (1856-1939) and described an alternative structure for society.  He didn’t reject Freud’s idea that repression of mans’ instinctive desires was necessary for civilization to endure but Marcuse distinguished between basic (or necessary) repression and surplus repression, detailing the differences between the biological vicissitudes of the instincts and the socially imposed.  His construct was that basic repression is that which man suppresses to permit peaceful societies to form; a repression or modification of the instincts being necessary “…for the perpetuation of the human race in civilization.”  Surplus repression meant those “…restrictions necessitated by [the] social domination” of the particular ruling-class or hegemony.  The purpose of surplus repression was to shape the instincts of individuals to conform to the requirements of modern capitalism, a surrender to what Marcuse called the “performance principle”, a construct building on Marx’s theories of alienation and surplus value.

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

Marcuse's writing did have the attraction of being more accessible than that of Marx or Freud (and certainly that of many neo-Marxists or Freudians) but that also meant it was easier for critics to cherry pick the points they found most objectionable.  For an explanation of why society need to be organized the way it was, conservatives seemed to prefer the rationalization of the "harsh but deliciously clever" English philosopher Thomas Hobbes (1588–1679) best known for his book Leviathan (1651) in which appeared the memorable passage describing the life of man in a world where there existed no restraining authorities forcing people to repress their worst instincts:

In such condition, there is no place for industry; because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving, and removing, such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.

Such a culture Hobbes called the "state of nature" by which he meant not an environmentally sustainable hippie commune but a place in which there was bellum omnium contra omnes (war of all against all) and murder went unpunished except by another murder.  Although the distinction is now an unfashionable one to draw, conservatives liked the way Hobbes seemed to know not all cultures were civilizations and that a little surplus repression was a small price to pay for for its benefits.  Hobbes lived through troubled times and his views on the importance of stable, strong governance should be understood as the writings of one who had seen what the alternative looks like but as a list of exculpatory bullet-points, it's something which can be ticked off by by the Ayatollahs in Tehran or the Chinese Communist Party.  Marcuse is not so transportable.

Sometimes, it really was read for the articles.  Michael G Horowitz's profile of Marcuse was published in the September 1970 edition of Playboy.

Marcuse’s work was acknowledged as a landmark in the synthetization of Marxist and psychoanalytic theories but was criticized for being just another of the utopian visions written of since antiquity, work cut adrift from the moorings of the political reality which seemed in the 1960s more urgently to demand attention.  Marcuse acknowledged the distance of his work from reality and conceded his theories could reach actualization only by revolution or gradual infiltration of the structures of the power-elite and, after the disappointments of the moments in 1968 when revolution fleeting was in the air, he preferred the latter.  German student activist Rudi Dutschke (1940–1979) had advocated a "…march through the institutions of power", radically to change society from within government and cultural institutions by becoming part of the machinery and structures under which capitalism operated.  This too owed a debt to the theories of hegemony and Marcuse wrote to Dutschke in 1971 saying he “regarded your notion of the "march through the institutions" as the only effective way.”  It all failed.  It was the highly unusual coincidence of circumstances in the post war (1948-1973) Western world which briefly in 1968 made the system seem internally vulnerable and the hegemony learned the lesson: they would control who manned the institutions that matter and the troublemakers could march through things like theatre trusts, literary festivals and art gallery committees.

Apollo

Apollo (pronounced uh-pol-oh)

(1) The ancient Greek and Roman god of light, healing, music, poetry, prophecy, manly beauty and quite some more.

(2) Popular term to describe strikingly handsome youth.

(3) In aerospace, the National Aeronautics and Space Administration's (NASA) programme of spacecraft (1961-1972) which between 1969-1972 carried 12 US astronauts to the moon and back.

(4) A Eurasian mountain butterfly, Parnassius apollo.

From classical Greek mythology, the name is a Latin form of the Greek Apollon, often cited as related to an obsolete Greek verb apollymi (to destroy) but there’s nothing conclusive.  More compelling is the notion it’s a cognate to the Doric month Apellaios and the offerings apellaia at the initiation of young men during the family-festival apellai.  Essentially, theories about Greek origins and a number of non-Greek etymologies are all speculative.

Apollo and the Muses, oil on canvas pentyptych (circa 1985) by Charles Meynier (1763 or 1768-1832).  Although in his notes the artist referred to the five panels as a pentyptych, that reference was conceptual and they've always been hung as five separate, framed canvases. 

From left to right: (1) Polymnia was one of the nine muses in Greek mythology and a patron of dancing or geometry.  Here she is depicted  standing in front of a bust of the Athenian orator Demosthenes. (2)  Erato, the muse of lyric and erotic poetry, is often shown with the golden arrow received from Eros (or Cupid), a sign of the emotion that inspires her.  (3) Urania leans on a starry orb, an allusion to her role as the muse of astronomy.  As all good muses must, she is staring dreamily at a god or man.  (4) The eldest of the nine Greek muses, Calliope was the goddess of music, song, and dance.  She was also known as the goddess of epic poetry and conferred the gift of eloquence on kings and princes. She stands here before a bust of Homer, the ancient Greek poet who history credits with having written the epic poems the Odyssey and the Iliad.  (5) Clio, the Greek muse of history, was the daughter of Zeus and Titaness Mnemosyne, the goddess of memory and is here depicted writing while surrounded by objects associated with preserving the memory of historical figures and events: busts, reliefs, and sculptures.  Clio's name was from the Greek root κλέω or κλείω (to recount; to make famous; to celebrate) and Clio is the traditional Latinisation but there has among classicists for centuries been a faction which uses K to represent the original Greek kappa, and ei to represent the diphthong ει (epsilon iota), thus the appearance in some texts of Kleio.

The paintings were commissioned by a textile merchant who planned to hang them in a grand gallery in his Toulouse townhouse but he went bankrupt prior to delivery and the paintings were purchased by a Swiss general who took them to his castle in Wallenried.  A wing had been added to the castle just to display the general's collection and there Apollo and the Muses remained for almost 180 years.  Although in good condition, when re-discovered, there were signs of neglect typical of works not carefully curated under controlled conditions.  The fluctuations in temperature and humidity at the castle had caused cracking in the surfaces and, over time, the sheer weight of the canvases caused the tacking edges to deteriorate and pull away from their stretchers, creating large drape-like buckles.  Most also exhibited varying degrees of the dreaded “traction crackle”, the degenerative process in which a paint layer on the surface shrinks faster than an underlying layer underneath, resulting in wide cracks revealing the color below.  The original hand-carved frames were intact and needed only the time-consuming conservation work to address the deterioration of their gesso and gold.

All of the paintings needed reduction of their varnish layers which had grown dull and dis-colored, descending to a brownish-orange tinge and when first viewed, all the works were dark, dull and murky, as if the muses were stepping out of a dense fog.  Worse, at some point, a prudish white veil had been painted over the body of Cupid many years after Meynier had died, a contemporary watercolor by the artist and an etching documenting the Salon of 1801 both showing the radical intervention was not part of the original.  Restoration was challenging because the original paint had aged for least 75 years before Cupid’s drapery and working under high magnification, conservators spent much time removing the 180 square inches of overpainting, re-shaping and re-sharpening scalpels so the unwanted could be chipped away without harming the original paint.  When complete, the restoration enhanced Meynier’s reputation because for the first time it became apparent he was one of the era's great colorists, his use of juxtaposed, muted complementary colors in draperies and skin tones creating soft vibrancies that undulate throughout the entire suite.

Planet Earth photographed from Apollo 8 as it rounded the dark side of the moon, 1968.  Our lovely blue home is like the most precious jewel in a desert of cold rocks, swirling gas and fiery relics.  We should look after it. 

Apollo has variously been recognized as a god of music, truth and prophecy, healing, the sun and light, plague, poetry, and more.  Apollo was the son of Zeus and Leto, and had a twin sister, the chaste huntress Artemis.  An oracular god, the prophetic deity of the Delphic Oracle, medicine and healing were associated with Apollo although, in one of the paradoxes which are part of the charm of the myths of Antiquity, he was also seen as a god who could bring ill-health and plague.  As the leader of the Muses and their choir, Apollo functioned as the patron god of music and poetry and, using the lyre created for him by Hermes became the most common attribute in the works of art created in his honor.  The hymns sung to Apollo were called paeans and his most important daily task was to harness and ride his four-horse chariot with which he moved the Sun across the sky.

Map of the Greek Islands.

In most of the tales in Greek mythology, Apollo was born on the island of Delos and it's said Leto was unable to find a safe place to give birth because the jealous goddess Hera had placed a curse on her.  However, the island of Delos which until that moment had been floating around the Aegean suddenly became stable and anchored to the seabed, providing a safe birthplace for Apollo and his twin sister Artemis.  After that, not much happened in the region for a few millennia, the next significant event in 2019 when the MTV series Lindsay Lohan’s Beach Club was filmed on the neighboring island of Mykonos

Futurism

Futurism (pronounced fyoo-chuh-riz-uhm)

(1) A movement in avant-garde art, developed originally by a group of Italian artists in 1909 in which forms (derived often from the then novel cubism) were used to represent rapid movement and dynamic motion  (sometimes with initial capital letter)

(2) A style of art, literature, music, etc and a theory of art and life in which violence, power, speed, mechanization or machines, and hostility to the past or to traditional forms of expression were advocated or portrayed (often with initial capital letter).

(3) As futurology, a quasi-discipline practiced by (often self-described) futurologists who attempt to predict future events, movements, technologies etc.

(4) In the theology of Judaism, the Jewish expectation of the messiah in the future rather than recognizing him in the presence of Christ.

(5) In the theology of Christianity, eschatological interpretations associating some Biblical prophecies with future events yet to be fulfilled, including the Second Coming.

1909: From the Italian futurism, the construct being futur(e) + -ism.  Future was from the Middle English future & futur, from the Old French futur, (that which is to come; the time ahead) from the Latin futūrus, (going to be; yet to be) which (as a noun) was the irregular suppletive future participle of esse (to be) from the primitive Indo-European bheue (to be, exist; grow).  It was cognate with the Old English bēo (I become, I will be, I am) and displaced the native Old English tōweard and the Middle English afterhede (future (literally “afterhood”) in the given sense.  The technical use in grammar (of tense) dates from the 1520s.  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Futurism, futurology, & futurology are nouns, futurist is a noun & adjective and futuristic is an adjective; the noun plural is futurisms.

Lindsay Lohan in Maison Martin Margiela (b 1957) Futuristic Eyewear.

As a descriptor of the movement in art and literature, futurism (as the Italian futurism) was adopted in 1909 by the Italian poet Filippo Tommaso Marinetti (1876-1944) and the first reference to futurist (a practitioner in the field of futurism) dates from 1911 although the word had been used as early as 1842 in Protestant theology in the sense of “one who holds that nearly the whole of the Book of Revelations refers principally to events yet to come”.  The secular world did being to use futurist to describe "one who has (positive) feelings about the future" in 1846 but for the remainder of the century, use was apparently rare.  The (now probably extinct) noun futurity was from the early seventeenth century.  The noun futurology was introduced by Aldous Huxley (1894-1963) in his book Science, Liberty and Peace (1946) and has (for better or worse), created a minor industry of (often self-described) futurologists.  Futures, a financial instrument used in the trade of currencies and commodities appeared first in 1880; they allow (1) speculators to be on price movements and (2) producers and sellers to hedge against price movements.  In theology, the adjective futuristic came into use in 1856 with reference to prophecy but use soon faded.  In concert with futurism, by 1915 it referred in art to “avant-garde; ultra-modern” while by 1921 it was separated from the exclusive attachment to art and meant also “pertaining to the future, predicted to be in the future”, the use in this context spiking rapidly after World War II when technological developments in fields such as ballistics, jet aircraft, space exploration, electronics, nuclear physics etc stimulated interest in such progress.

The Arrival (1913, oil on canvas by Christopher Richard Wynne Nevinson (1889-1946), Tate Gallery.

Given what would unfold over during the twentieth century, it’s probably difficult to appreciate quite how optimistic was the Western world in the years leading up to the World War I.  Such had been the rapidity of the discovery of novelties and of progress in so many fields that expectations of the future were high and, beginning in Italy, futurism was a movement devoted to displaying the energy, dynamism and power of machines and the vitality and change they were bringing to society.  It’s also often forgotten that when the first futurist exhibition was staged in Paris in 1912, the critical establishment was unimpressed, the elaborate imagery with its opulence of color offending their sense of refinement, now so attuned to the sparseness of the cubists.

The Hospital Train (1915, oil on canvas by Gino Severini (1883-1966), Stedelijk Museum.

Futurism had debuted with some impact, the Paris newspaper Le Figaro in 1909 publishing the manifesto by Italian poet Filippo Tommaso Marinetti. Marinetti which dismissed all that was old and celebrated change, originality, and innovation in culture and society, something which should be depicted in art, music and literature. Marinetti exalted in the speed, power of new technologies which were disrupting society, automobiles, aeroplanes and other clattering machines.  Whether he found beauty in the machines or the violence and conflict they delivered was something he left his readers to decide and there were those seduced by both but his stated goal was the repudiation of traditional values and the destruction of cultural institutions such as museums and libraries.  Whether this was intended as a revolutionary roadmap or just a provocation to inspire anger and controversy is something historians have debated.

Uomo Nuovo (New Man, 1918), drawing by Mario Sironi (1885-1961).

As a technique, the futurist artists borrowed much from the cubists, deploying the same fragmented and intersecting plane surfaces and outlines to render a number of simultaneous, overlaid views of an object but whereas the cubists tended to still life, portraiture and other, usually static, studies of the human form, the futurists worshiped movement, their overlays a device to depict rhythmic spatial repetitions of an object’s outlines during movement.  People did appear in futurist works but usually they weren’t the focal point, instead appearing only in relation to some speeding or noisy machine.  Some of the most prolific of the futurist artists were killed in World War I and as a political movement it didn’t survive the conflict, the industrial war dulling the public appetite for the cult of the machine.  However, the influence of the compositional techniques continued in the 1920s and contributed to art deco which, in more elegant form, would integrate the new world of machines and mass-production into motifs still in use today.

Jockey Club Innovation Tower, Hong Kong (2013) by Zaha Hadid (1950-2016).

If the characteristics of futurism in art were identifiable (though not always admired), in architecture, it can be hard to tell where modernism ends and futurism begins.  Aesthetics aside, the core purpose of modernism was of course its utilitarian value and that did tend to dictate the austerity, straight lines and crisp geometry that evolved into mid-century minimalism so modernism, in its pure form, should probably be thought of as a style without an ulterior motive.  Futurist architecture however carried the agenda which in its earliest days borrowed from the futurist artists in that it was an assault on the past but later moved on and in the twenty-first century, the futurist architects seem now to be interested above all in the possibilities offered by advances in structural engineering, functionality sacrificed if need be just to demonstrate that something new can be done.  That's doubtless of great interest at awards dinners where architects give prizes to each other for this and that but has produced an international consensus that it's better to draw something new than something elegant.  The critique is that while modernism once offered “less is more”, with neo-futurist architecture it's now “less is bore”.  Art deco and mid-century modernism have aged well and it will be interesting to see how history judges the neo-futurists.

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.

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”.