Monday, December 20, 2021

Cache

Cache (pronounced kash)

(1) A hiding place (historically most associated with one in the ground) for ammunition, food, treasures etc.

(2) Anything so hidden (even if not necessarily in a cache).

(3) In computing (hardware & software), a temporary storage space or memory permitting fast access (as opposed to a call to a hard drive).  The term “cache storage” is still sometimes used.

(4) In Alaska and Northern Canada, a small shed elevated on poles above the reach of animals and used for storing food, equipment etc.

(5) To put in a cache; to conceal or hide; to store.

1585–1595: From the French cache, a noun derivative of cacher (to hide), from the unattested Vulgar Latin coācticāre (to stow away (originally, “to pack together”), frequentative of the Classical Latin coāctāre, (constrain) the construct being coāct(us) (collected) (past participle of cōgere (to collect, compel)), + -icā- (the formative verb suffix) + -re (the infinitive suffix).  Cache is a noun & verb, cacheability is a noun, cacheable is an adjective and cached & caching are verbs; the noun plural is caches.

The bottom half of a bikini can be thought of as a cache-sexe.  Lindsay Lohan demonstrates, Los Angeles, 2009.

English picked up the word from French Canadian trappers who used it in the sense of “hiding place for stores” but more pleasing still was the early twentieth century French noun cache-sexe (slight covering for a woman's genitals), the construct being cacher "to hide" + sexe (genitals).  Cache can be confused with the (unrelated though from the same Latin source) noun “cachet”.  Dating from the 1630s, in the sense of “a wax seal”, it was from the sixteenth century French cachet (seal affixed to a letter or document)", from the Old French dialectal cacher (to press, crowd), from the Latin coāctāre (constrain).  In the eighteenth century the meaning (via the French lettre de cachet (letter under seal of the king) shifted to “(letter under) personal stamp (of the king)”, thus the idea of a cachet coming by the mid-1800s to be understood as “a symbol of prestige”.  In that sense it has since the mid-twentieth century become entrenched in English though not all approved.  Henry Fowler (1858–1933) was about as fond of foreign affectations as he was of literary critics and in his A Dictionary of Modern English Usage (1926) he maintained: (1) the only use English had for “cachet” was as the apothecaries used it to describe “a capsule containing a pharmaceutical preparation”, (2) the more common “stamp” & “seal” were preferable for stuff stuck on envelopes and (3) phrases like “a certain cachet” or “the cachet of genius” were clichés of literary criticism and the critics were welcome to them.  Interestingly, In English, cachet did find a niche as a (wholly un-etymological) variant of cache: it means “a hidden location from which one can observe birds while remaining unseen”.  The origins of this are thought to allude to such places being hiding places (thus a cache) and cramped (the irregular –et in the (cach)et a use of the suffix –et which was from the Middle English -et, from the Old French –et & its feminine variant -ette, from the Late Latin -ittus (and the other gender forms -itta & -ittum).  It was used to form diminutives, loosely construed.

Cachet is pronounced ka-shey or kash-ey (the French being ka-she) but some sites report there are those who use one of the English alternatives for cache; that’s obviously wrong but appears to be rare.  What is common (indeed it seems to have become the standard in some places) is kay-sh, something which really annoys the pedants.  However a case can be made that kash should remain the standard while kay-sh should be used of everything particular to computers (disk cache, web cache et al), rather along the lines of the US spelling “program” being adopted when referring to software in places where programme is used for all other purposes.  Both seem potentially useful points of differentiation although while there a chance for splitting the pronunciation of cache, it’s unlikely the Americans will take to programme.

Lindsay Lohan’s shoe stash.  She also has a handbag stash.

Cache may also be related to stash which is similar in meaning but conveys usually something quite disreputable, the verb dating from circa 1795 as was underworld slang meaning “to conceal or hide, the related forms being stashed & stashing.  The noun also was criminal slang meaning “hoard, cache, a collection of things stashed away” and was first observed in 1914 and, via popular literature, picked up in general English, often with the specific sense of “a reserve stock”.  The origin is unknown origin but most etymologists seem to have concluded it was a blend of either stick + cache or stow + cache.  Following the US use in the early 1940s (where most such adaptations began), stash is now most associated with drug slang (one’s stash of weed etc) but Urban Dictionary lists more recent co-options such as a stash being variously (1) “someone with whom one is involved but one has no intention of introducing to one’s friends or family”, (2) as “porn stash” an obscure (or even hidden) place among the directory tree on one’s computer where one keeps one’s downloaded (or created) pornography (analogous with the physical hiding places when such stuff was distributed in magazines), (3) a variety of the mechanics or consequences of sexual acts and (4) certain types of moustache (sometimes with modifiers).  Of the latter, as 'stache & stache, it’s long been one of the apheretic clippings of moustache ('tache, tache & tash the others).

So a cache is a hoard, stockpile, reserve or store of stuff, sometimes secreted from general view and often untouched for extended periods.  In modern computing, a cache is a busy place when much of what is stored is transitory and while there are now many variations of the caching idea (CPUs (Central Processing Units) & GPUs (Graphics Processing Units) have for years had multiple internal caches), the classic example remains the disk cache, a mechanism used temporarily to store frequently accessed or recently used data from a storage device, such as a HDD (Hard Disk Drive) or SSD (Solid-State Drive).  What the cache does is make things respond faster because accessing anything from the static electricity of a cache is many times faster than from a piece of physical media; fast, modern SSDs have reduced the margin but it still exists and at scale, remains measurable.

Caches started modestly enough but in the early days of PCs there were few means more effective at gaining speed unless you were a megalomaniac able to run a 4 MB (megabyte) RAMDrive (and such freaks did exist and were much admired).  However, caches grew with LANs (Local Area Networks), WANs (Wide Area Networks) and then the Web and as internet traffic proliferated, the behavior of caches could create something like the bottlenecks they were created to avoid.  Thus something of a science of cache management emerged, necessitated because unlike many aspects of computer design, the problems couldn’t always be solved by increasing size; beyond a certain point, not only did the law of diminishing returns begin to apply but if caches were too big, performance actually suffered: they are a Goldilocks device.

New problems begat new jargon and the most illustrative was the “cache stampede”, a phenomenon witnessed in massively parallel computing systems handing huge volumes of requests to cached data.  For a cache to be effective, it need to hold those pages which need most frequently to be accessed but it’s there’s an extraordinarily high demand for a single or a handful of URLs (Universal Resource Locator (the familiar address.com etc), if the requested page(s) in cache expire, as there is a “stampede” of demand, what can happen is the system becomes an internal loop as multiple servers simultaneously attempt to render the same content and in circumstances of high ambient load, congestion begins to “feed on itself”, shared resources become exhausted because they can’t be re-allocated as long as demand remain high.

Another attractive term is cache-buster, software which prevents duplication within a cache.  It’s an important part of the modern model of internet commerce which depends for much revenue flow on the alignment of the statistics between publishers and marketers.  All a cache buster does is prevent a browser from caching the same file twice so if a user “accepts cookies”, the browser will track and save them, enabling the user to access the previously cached site whenever they return which is good for speed but, it there have been changes to the site, user may not be able to see them.  The cache buster’s solution is simple brute-force: a random number appended to the ad-tag which means new ad-calls no longer have a link to the tag, compelling the browser to send a new request to the origin server.  This way, website owners can be assured the number of impressions registered by a marketing campaign will be very close to correct.

Intel i486 CPUs (left) and Asus ROG Matrix GeForce RTX 4090 Platinum 24G GPU (right).

Progress: In 1989, Intel released the 80486 CPU (the name later standardized as i486 because pure numeric strings are almost impossible to trademark), acclaimed by the press at the time as “phenomenally faster” and while that may have been hyperbolic, in the brief history of the PC, impressionistically, few new chips “felt” so much faster.  Part of that was attributable to a Level 1 instruction cache (8-16 KB depending on the version).  By 2023, nVidia’s GeForce RTX 4090 GPU included a L1 cache with 128 KB per SM (Streaming Multiprocessor) and a L2 cache with 72 MB.

Sunday, December 19, 2021

Scientist

Scientist (pronounced sahy-uhn-tist)

A person who studies or practises any of the sciences or who uses scientific methods, especially in the physical or natural sciences.

1833: Modeled after artist, the construct was the Latin stem scientia (knowledge) + -ist.  Science was from the Middle English science & scyence, from the Old French science & escience, from the Latin scientia (knowledge), from sciens, the present participle stem of scire (to know).  The -ist suffix was from the Middle English -ist & -iste, from the Old French -iste and the Latin -ista, from the Ancient Greek -ιστής (-ists), from -ίζω (-ízō) (the -ize & -ise verbal suffix) and -τής (-ts) (the agent-noun suffix).  It was added to nouns to denote various senses of association such as (1) a person who studies or practices a particular discipline, (2), one who uses a device of some kind, (3) one who engages in a particular type of activity, (4) one who suffers from a specific condition or syndrome, (5) one who subscribes to a particular theological doctrine or religious denomination, (6) one who has a certain ideology or set of beliefs, (7) one who owns or manages something and (8), a person who holds very particular views (often applied to those thought most offensive).

Natural Philosopher versus Scientist

Founded in 1831 and modelled on the Gesellschaft Deutscher Naturforscher und Ärzte (Society of German Researchers and Physicians), the British Association for the Advancement of Science (BAAS) was formed as an organisation open to anyone interested in science, unlike the exclusive Royal Society (originally Royal Society of London for Improving Natural Knowledge), founded on 28 November 1660 and granted a royal charter by Charles II (1630–1685; King of Scotland 1649-1651, King of Scotland, England and Ireland 1660-1685).  The Royal Society is the world's oldest continuously existing scientific academy and it's list of fellows range from Sir Isaac Newton (1642–1727) in 1672 to Elon Musk (b 1971) in 2018.  In an indication of the breadth of its attraction, at the meeting of the BAAS on 24 June 1834, unexpectedly in attendance was the poet Samuel Taylor Coleridge (1772-1834); he’d not left his home in Highgate Hill for years and would die within weeks.  That a poet should attend a meeting about science was not at the time a surprise, the division between science and the arts coming later and Taylor had previously written about the scientific method.

Scientists study all sorts of things.  Research like this can attract an Ig Nobel prize.

For most of history, those we would now think of as scientists had been called natural philosophers.  Coleridge declared true philosophers were those who sat in their armchairs and contemplated the cosmos; they did not scratch around in digs or fiddle with electrical piles.  Cambridge don, the Reverend William Whewell, an English polymath, responded by suggesting, by analogy with artist, they should be called scientists and added those studying physics could be styled physicists, the French having already applied physicien (physician) to the surgeons and etymologists once dated the word “scientist” from that meeting but it was later discovered Whewell had coined the term in 1833 and it first appeared in print a year later in his anonymous review of Mary Somerville's (1780-1872) On the Connexion of the Physical Sciences published in the Quarterly Review.  It took a while to catch on but was in wide use in the US by the late nineteenth century and the rest of the English-speaking world a few years later although as late as 1900 there were publishers which had scientist on their “not-acceptable” list.

Google ngram: Because of the way Google harvests data for their ngrams, they’re not literally a tracking of the use of a word in society but can be usefully indicative of certain trends, (although one is never quite sure which trend(s)), especially over decades.  As a record of actual aggregate use, ngrams are not wholly reliable because: (1) the sub-set of texts Google uses is slanted towards the scientific & academic and (2) the technical limitations imposed by the use of OCR (optical character recognition) when handling older texts of sometime dubious legibility (a process AI should improve).  Where numbers bounce around, this may reflect either: (1) peaks and troughs in use for some reason or (2) some quirk in the data harvested.

Saturday, December 18, 2021

Freelance

Freelance (pronounced free-lans or free-lahns)

(1) A person who works selling work or services by the hour, day, job etc, rather than working on some regular basis for one employer; also as freelancer or free-lancer; self-employed, free agent, unaffiliated.

(2) A person who contends in a cause or in a succession of various causes, as he or she chooses, without personal attachment or allegiance (applied often to politicians who tend to supports several causes or parties without total commitment to any one).

(3) The act of working as a freelancer; used often as a modifier.

(4) Of or relating to freelancing or the work of a freelance.

(5) A mercenary soldier or military adventurer in medieval Europe, often of knightly rank, who offered his services to any state, party, or cause (retrospectively applied).

1820: The construct was free + lance.  Free was from the Middle English free, fre & freo, from the Old English frēo (free), from the Proto-West Germanic frī, from the Proto-Germanic frijaz (beloved, not in bondage), from the primitive Indo-European priHós (dear, beloved), from preyH- (to love, please); from this evolved the related modern English friend.  It was cognate with the West Frisian frij (free), the Dutch vrij (free), the Low German free (free), the German frei (free), the Danish, Swedish & Norwegian fri (free) and the Sanskrit प्रिय (priyá).  The verb is from the Middle English freen & freoȝen, from the Old English frēon, & frēoġan (to free; make free), from the Proto-West Germanic frijōn, from the Proto-Germanic frijōną, from the primitive Indo-European preyH-.  Germanic and Celtic are the only Indo-European language branches in which the primitive Indo-European word with the meaning of "dear, beloved" acquired the additional meaning of "free" in the sense of "not in bondage".  This was an extension of the idea of "characteristic of those who are dear and beloved" (those who were friends and others in the tribe as opposed to the unfree, those of other tribes, slaves etc).  The evolution was comparable with the Latin use of liberi to mean both "free persons" and "children of a family".  Lance was from the Middle English launce, from the Old French lance, from the Latin lancea.  Ultimate root was via the Celtic & Celtiberian, possibly from the primitive Indo-European plehk- (to hit) and related to the Ancient Greek λόγχη (lónkhē).  The hyphenated form (free-lance, free-lancer et al) is a correct alternative but should be used with the usual convention of English use: consistency within a document.  If an alternative hyphenated form is used for one word, it should be used for all where the option exists.

The first know instance is in Ivanhoe (1820) by Sir Walter Scott (1771–1832) to describe a medieval mercenary warrior or "free-lance", the meaning lying in the notion of his arms (lance, sword etc) being freely available for hire and not sworn to any lord's services). Scott’s description of them resembles that of the Italian condottieri (a leader or member of a troop of mercenaries).  It became a figurative noun circa 1864, most frequent used when applied to writers & journalists from 1882, the unhyphenated “freelance” attested from 1898.  The Oxford English Dictionary (OED) listed it as a verb in 1903 and in modern use the word has morphed into an adjective, and an adverb, as well as the familiar derivative noun freelancer.  The sense of politicians who tended to go off on tangents and champion causes unrelated to the party platform they were hired to pursue was known since the late nineteenth century, sometimes with the implication (drawn from Sir Walter Scott’s picture of soldiers for hire by anyone) of mercenary motives.

The emergence of the gig economy doesn’t indicate any great change in the understanding of freelancing, the category of “gig worker” defined more by the method by which they obtain their work.  Gig worker encompasses just about any independent worker, including contingent and freelance workers, the convention of use being that they pickup their hours from a digital platform rather than the historically conventional channels.  Gig workers were understood not to be hired as employees by the company with which they contract to do the job, instead being freelance contractors, each individual task a separate contract.  That idea has been challenged in several jurisdictions with some courts and tribunals finding, in some cases, the nature of the relationship between freelancer and platform and the pattern of work performed being such that, within existing law, a conventional employer-employee relationship exists with all that implies.  This dispute is ongoing in many places and is played-out within the micro political economy.  

By contrast, a contingent worker is employed by a different company (usually a staffing agency or recruiter, often known as labour hire companies) than the one for which they’ll actually be performing the task.  The agency acts as the intermediary between the worker and the company, finding the jobs and the workers, billing the client and paying the contingent workers.  Contractors are different again and can be freelancers or contingent workers, the distinction being that they are deployed usually for fixed terms of longer duration than a gig.  There’s no precise definition but while a gig might last only minutes, a contract typically is measured in weeks or more.  The "freelance" status may be misleading in that there have been some known to to work exclusively for one entity (which might be an agent or other third-party) and for this reason and that they certainly weren't formally on the payroll.  In most cases though the freelancers can be thought of as proto-gig economy workers in that from an industrial relations viewpoint they were independent contractors even if in some cases their entire income might come from the one entity (indeed, some had signed contracts of exclusivity on some negotiated basis).     

Former Australian senator Cory Bernardi and animal welfare

Freelancing: Former Australian senator Cory Bernardi (b 1969; senator for South Australia 2006-2020) is a member of the Roman Catholic laity noted for leaving the Liberal Party in 2017 to form his own party, the Australian Conservatives.  Such creations, drawn often from the extremes of mainstream parties (of the left, right or single-issue operations) are usually short lived, the political inertia and structural advantages the incumbents create for each other being hard to topple; it’s tough even to sustain co-existence.  So it proved for the Australian Conservatives, Bernardi in 2019 announcing he was dissolving and consequently deregistering the party.  Electoral support had proved not only elusive but barely detectable although the senator claimed to be happy with the project’s outcomes, noting the Liberal-National Coalition's upset victory in 2019 was proof "common sense" had returned to national politics which was "all we, as Australian Conservatives, have ever sought to do.  Rarely has spin been so spun.   

Bernardi’s most publicised contribution to political discourse happened in 2012 when he suggested allowing same-sex marriage would lead to “legalised polygamy and bestiality”.  "The next step, quite frankly, is having three people or four people that love each other being able to enter into a permanent union endorsed by society - or any other type of relationship" the senator was quoted as saying.  "There are even some creepy people out there... [who] say it is OK to have consensual sexual relations between humans and animals.  Will that be a future step? In the future will we say, 'These two creatures love each other and maybe they should be able to be joined in a union'.  "I think that these things are the next step."

His views attracted scant support from his colleagues, even several who opposed marriage equality distancing themselves from Bernardi’s view it was the thin end of the homosexual wedge, a step on a slippery slope of depravity descending to the violation of beasts of the field.  The backlash compelled Bernardi’s resignation as parliamentary secretary to the leader of the opposition, Tony Abbott (b 1957; Australian prime-minister 2013-2015).  In accepting the resignation, Mr Abbott described the comments as "ill-disciplined", adding they were “…views I don't share...” and I think it's pretty clear that if you want to freelance, you can do so on the backbench."

From the backbench, the freelancer released a short statement saying he had resigned "in the interests of the Coalition", one of his thoughts with which few disagreed.  Sadly, even from organisations like PETA (People for the Ethical Treatment of Animals) he never received any credit for his efforts to protect goats and other hapless creatures from the predations of packs of crazed gay marriage advocates.  Despite that, the former senator found his natural home working as one of the right-wing fanatics at Rupert Murdoch's (b 1931) Sky News where his thoughts are imparted to an appreciative audience which believes the ills of this world are the consequence of conspiracies by the Freemasons, the Jews, the Jesuits and the Secret Society of the Les Clefs d'Or.  His viewers agree with everything he says.

The paparazzi are the classic freelancers.

Friday, December 17, 2021

Adjunct

Adjunct (pronounced aj-uhngkt)

(1) Something added to another thing but not essential to it; an appendage; something attached to something else in a subordinate capacity.

(2) A person associated with lesser status, rank, authority, etc., in some duty or service; assistant; things joined or associated, especially in an auxiliary or subordinate relationship.

(3) In higher education, a person working at an institution but not enjoying full-time or permanent status (exact status can vary between institutions).

(4) In systemic English grammar, a modifying form, word, or phrase depending on some other form, word, or phrase, especially an element of clause structure with adverbial function; part of a sentence other than the subject, predicator, object, or complement; usually a prepositional or adverbial group.

(5) In reductionist English grammar, part of a sentence that may be omitted without making the sentence ungrammatical; a modifier.

(6) In the technical language of logic, another name for an accident.

(8) In brewing, an un-malted grain or grain product that supplements the main mash ingredient.

(9) In metaphysics, a quality or property of the body or mind, whether natural or acquired, such as color in the body or judgement in the mind (archaic).

(10) In music, a key or scale closely related to another as principal; a relative or attendant key.

(11) In the syntax of X-bar theory, a constituent which is both the daughter and the sister of an X-bar.

(12) In rhetoric, as symploce, the repetition of words or phrases at both the beginning and end of successive clauses or verses: a combination of anaphora and epiphora (or epistrophe); also known as complexio.

(13) In category theory, one of a pair of morphisms which relate to each other through a pair of "adjoint functors".

1580-1590: From the Latin adjunctus (a characteristic, essential attribute), perfect past participle of adiungō (join to) & adjungere (joined to).  The construct of adiungō was ad- (from the Proto-Italic ad, from the primitive Indo-European haed (near, at); connate with the English at) + iungō (join); a doublet of adjoint.  The usual sense of "to join to" is now applied usually with a notion of subordination, but this is not etymological.  The first adjunct professor appears to have been appointed in 1826.  Adjunct is a noun, verb & adjective, adjunction, adjunctiveness & adjuncthood are nouns, adjunctive is a noun & adjective, adjunctivity is an adjective and adjunctively & adjunctly are adverbs; the noun plural is adjuncts.

Although the title has existed for almost two centuries, neither the duties or the nature of appointment of an adjunct professor have ever been (even variously) codified or consistently applied in a way that a generalised understanding of the role could be said to exist as it does for other academic ranks (tutor, lecturer, reader, professor et al).  The terms of appointment of adjunct professors vary between countries, between institutions within countries and even within the one institution.  In the academic swirl of titles there can also be adjunct lecturers, adjunct fellows etc and other adjectives are sometimes used; “contingent” and “sessional” applied sometimes to appointments which appear, at least superficially, similar to adjunct appointments elsewhere.  Beyond the English-speaking world however, the term adjunct, in the context of education, is often just another rung in the academic hierarchy, used in a similar way to “assistant” & “associate”.

In the English-speaking world, it’s probably easiest to understand the title in relation to what it’s not and, grossly simplified, the most important relationship between an adjunct appointment and one unadorned is whether or not the appointee is paid.  In institutions where adjuncts are paid, as a general principle, that’s indicative of an appointment where the emolument package is structured to provide lesser compensation (lower salary, no health insurance, no permanent term etc) and perhaps a limitation of duties (eg a teaching role only without the scope to undertake research).  If paid, an “adjunct” appointee is an employee.  Where the appointment is unpaid, while there are no set rules, there do seem to be conventions of use in that (1) a “visiting” professor is usually a eminent academic from another place granted to a short-term appointment on some basis, (2) an “honorary” professor is someone from outside academia (but whose career path is within the relevant scholastic field) and the title is granted, sometimes in perpetuity, in exchange for services like the odd lecture (often about some very specialised topic where expertise is rare) whereas (3), an adjunct professor can be entirely unconnected with any traditional academic path and may be appointed in exchange for consultancy or other services although, there’s often the suggestion donations to institutions can smooth the path to appointment.  If unpaid (even if able to claim “actual, defined or reasonable” expenses), an “adjunct appointee is not an employee.

Billionaire Adjunct Professor Clive Palmer (b 1954) counts some small change.  House of Representatives, Parliament House, Canberra, Australia, 2016.

More than one university bestowed the title adjunct professor on Australian businessman Clive Palmer.  Gold Coast’s Bond University noted the recognition was extended in recognition of "goodwill, positive endeavours and support" of the institution.  In answer to a critic who suggested styling himself as “Professor Palmer” in documents associated with his commercial interests might be not in the spirit of the generally accepted use of the title, he replied that they were suffering from “academia envy” and should “take a cold shower".

In law, adjunct relief should not be confused with injunctive relief.  Commonly known as “an injunction”, injunctive relief is a legal remedy which may be sought in civil proceedings and it can be something in addition to, or in place of monetary damages and usually takes the form of a court order requiring a person or entity to do, or (more typically) to refrain from doing, certain things.  They are unusual in that even if a judge thinks an application for injunctive relief is without merit, the order will anyway be granted (lasting usually until the matter is resolved in a defended hearing) if the consequences of the act are irreversible and an award of damages would not be a remedy (such as demolishing a building, publishing something or euthanizing an animal).  Injunctive relief can however work in coordination with injunctive relief.  Adjunct relief is the term which describes a class of relief granted to a party in proceedings which is not the primary relief sought.  A typical example of adjunct relief is that in circumstances where the primary relief sought is the award of monetary damages, a plaintiff may also be awarded an injunction as a protection against future breaches.  In that sense,

The word adjunct is also used in contract law.  To be a legally correct contract which will be recognised and enforced by a court, it must contain a number of elements: (1) All parties must have the capacity to enter contracts and the purpose of the contract must be lawful, (2) An offer by one party, (3) Acceptance of the offer by another, (4) An intention between the parties that the agreement is intended to be legally binding, (5) Consideration (an exchange of value between the parties), (6) Certainty of terms which can extend only to acts which are not impossible.  Those principles are the same regardless of whether one is buying an apple at the market or a nuclear-powered aircraft-carrier but there can also be collateral contracts or adjunct clauses.

During her litigious phase, Lindsay Lohan became well-acquainted with the operation of the rules which apply when seeking injunctive relief.  In a brief few years, she sought injunctions against at least two stalkers (one said to be a Freemason), a company she claimed was basing on aspects of her life their "milkaholic" baby, a rap artist who mentioned her in his lyrics and a video game-maker she alleged had usurped her likeness for commercial purposes.  The courts granted relief against the stalkers but her record in seeking injunctive relief generally was patchy.

A collateral contract is a separate contract which exists only because the primary contract has been executed yet it remains separate from it although the two will tend usually to operate in parallel.  Typically, a collateral contract is formed between one party to the main contract and a third party and it arises because a one party has made a promise which has induced another to enter into the main contract.  Other circumstances can apply but the general principle is that a collateral contract relies upon the existence of a primary contract; the reverse does not apply.  If the main contract is breached, the injured party can seek remedies based on the collateral contract.  By contrast, an adjunct clause is a provision (which may only retrospectively be found by a court to be a clause) within the primary contract.  It’s thus not a separate contract and does not include the “essential terms” upon which the contract may stand or fall, adjunct clauses typically serving as a schedule of additional terms & conditions.  Importantly, if the subject of dispute, the violation of adjunct terms may attract some form of compensation or an order for specific performance but not an invalidation of the contract.

Thursday, December 16, 2021

Amn't

Amn't (pronounced am-uhnt)

A non-standard (except in Irish & Scottish English) contraction of “am not”.

Circa 1600: Am is from the Middle English am & em, from the Old English eam & eom (am), from the Proto-Germanic immi & izmi (am) a form of the verb wesaną (to be; dwell), from the primitive Indo-European hiésmi (I am, I exist).  As a suffix, the contraction –n’t (not) negates the meaning of the clause in which it occurs (don’t, can’t et al).  In English, the suffix -n’t can be added only to auxiliary verbs (including dare and need in certain uses), as well as main verbs be (in almost all uses) and have (in some uses).  Indeed, in some dialects, not even all auxiliary verbs accept -n’t; for example, mayn’t is present in some dialects and absent in others.  Though verbs with -n’t are usually considered contractions of versions using the adverb not, grammatically they behave a bit differently; when subject and verb are inverted, "-n’t" remains attached to the verb, whereas "not" does not (compare: “Isn’t that difficult?” with “Is that not difficult?”)

Contractions

In English, other personal pronouns have two contracted forms that can be used in present-tense negative constructions, such as “we’re not” or “we aren’t”. The first person singular however has “I’m not” and “I amn’t” doesn’t exist.  That’s not wholly true because it’s long been in the dialectical English of Scotland and Ireland but it’s no longer part of Standard English because of shifts in pronunciation associated with a loss of favor generations ago.  Amn’t has a long history, the Oxford English Dictionary (OED) citing an example from 1691, but it was almost certainly known earlier, it and many other shortened forms such as can’t, don’t and shan’t, seemingly arriving in the language circa 1600.  Amn’t however was never popular, most etymologists concluding there was some reluctance to “m” and “n” together in one syllable.  So, while centuries old, amn’t isn’t part of Standard English but is common in Ireland, used especially in colloquial speech though not limited to informal registers.  It’s also used in Scotland (alongside amnae and other variants) and, the OED notes, parts of northern England and the West Midlands with even the occasional instance in Wales.  How amn’t came to be so geographically limited is not clear.  Another variant, an’t, probably supplanted it in general usage, again because speakers wanted to avoid sounding an “n” immediately after a “m” so it was therefore a natural development to simplify the consonant cluster.  The final “t” made it more likely the simplification would go to “ant” rather than “amt”, and this is the form which emerged in eighteenth century texts, where it appears as an’t.

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

An’t (also spelt a’n’t), although said to be “phonetically natural and the philologically logical shortening”, fell from favour, but not before morphing in two significant ways. It gave rise to ain’t, famous in its own right for reasons good and bad and also began being spelt aren’t (by “orthographic analogy” in one etymologist’s memorable phrase), which is pronounced the same as an’t in non-rhotic accents.  This certainly explains “aren’t I” which would otherwise seem a grammatical anomaly and its irregularity does sometime offend the fastidious but it has become accepted in much of the English-speaking world.  In that sense, the Irish and Scottish dialects are the exception in retaining and favouring its ancestor, “amn’t I” which James Joyce (1882–1941) used in Ulysses (1922) and the younger Jonathan Swift (1667–1745) certainly liked it although, later in life, he would come to abhor just about every contraction.

Because it’s so rarely heard outside of Scotland & Ireland, the form amn’t has never been as controversial as ain't (often written as aint and occasionally variously as ain', a'n't, arn't, & ar'n't).  According to the authoritative Etymology Online, the first known appearance in print dates from 1706 (in the sense of “am not”) and that’s how it was used until early in the nineteenth century when in the Cockney dialect it began to be used as a generic contraction for “are not”, “is not” etc.  That was the downfall of “ain’t” as respectable English because it was picked up by authors wanting to spice their text with the flavour of “authentic working-class speech” and in class-conscious England, that was enough to see ain’t “banished from correct English” though one interesting outlier was noted in the Dictionary of Americanisms (1848): “hain't” for "have not" recorded as “A contraction much used in common conversation in New England.”  However, while “ain’t lacked the support of the genteel, in the idioms of popular culture, it flourished: “it ain’t necessarily so”, “if it ain't broke, don't fix it” & “you ain't seen nothing yet”.

Henry Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) had no doubts about ain’t, condemning it as “merely colloquial, and as used for isn’t is an uneducated blunder and serves no useful purpose.  Writing a century-odd ago, Henry Fowler long predated cultural relativism but one does wonder, were he writing today, noting the place ain’t has since claimed in popular song and idiomatic use, he might have been more forgiving.  He was however sympathetic to ain’t as a handy substitute for “am not” and lamented amn’t remained trapped in its Gaelic silo, decrying the “… shamefaced reluctance” of the English to adopt the form which “betrays the speakers sneaking fear that the colloquially respectable and indeed almost universal “aren’t I” is “bad grammar” and that “ain’t I” will convict him of low breeding.

Wednesday, December 15, 2021

Porte-cochere

Porte-cochere (pronounced pawrt-koh-shair, pawrt-kuh-shair, pohrt-koh-shair or pohrt-kuh-shair)

(1) A porch or portico-like structure attached to a building through which a horse and carriage (or now a motor vehicle) can pass in order for the occupants to alight under cover, protected from the weather.

(2) A gateway for carriages in a building, leading from the street to an interior court.

1690–1700: From the French porte-cochère, literally “gate for coaches”, the construct being porte (gateway) + cochère (the feminine adjectival form of coche (coach). Porte was from the Latin porta (a gate or entrance) from the Proto-Italic portā, from the primitive Indo-European porteha, from per- (to pass through/over). It was cognate with the Ancient Greek πόρος (póros) (means of passage).  Cochere was from coche (stage-coach), from the Hungarian kocsi, via the German Kutsche or the Italian cocchio (and a doublet of coach) + -ière.  The –French ière suffix was the feminine equivalent of –ier, from the Old & Middle French –ier & -er, from the Latin -ārium, accusative of –ārius.  It was used to form names in many diverse fields such as botany, architecture, ship-building and chemistry.

The Sublime Porte, photographed in 1904.

Later known as The Imperial Gate (Bâb-ı Hümâyûn), the structure leading to the outermost courtyard of Topkapi Palace, was, until the eighteenth century, known as The Sublime Porte.  Known also as the Ottoman Porte or High Porte (باب عالی‎, Romanized as Bāb-ı Ālī or Babıali), Sublime Porte was a synecdoche for the central government of the Ottoman Empire in the same manner as the White House (US), Number 10 (UK), the Élysée (France) or the Kremlin (Russia).

The linkage which made the term Sublime Porte synecdochic of the Ottoman regime in Constantinople (modern-day Istanbul) was an old procedure in which the ruler delivered official pronouncements and sometimes judicial judgments at the gate of his palace of the palace.  It had been a frequent practice of Byzantine Emperors and was later adopted by Orhan I (Orhan Ghazi 1281–1362; second bey of the Ottoman Beylik 1323-1362) and thus the sultan’s palace became known as the Sublime Porte (High Gate).  The named moved with the sultan so after Constantinople fell to the Ottomans in 1453, the mystique once attached to the palace in Bursa, moved to the new imperial capital where, leading to the outermost courtyard of the Topkapı Palace, it was known variously as the "High Gate", the "Sublime Porte" or the “Imperial Gate” (Bâb-ı Hümâyûn).  The old imperial practice endures in modern politics as the “doorstop interview” although it’s become popular with politicians because having a lockable door immediately to their rear means there’s an easy and safe path with which to beat a rapid retreat when lies are detected or questions become too difficult.

Although uncommon, the term remains in use.  Eric Trump (b 1984) in a tweet described the structure at the Trump Hotel in Las Vegas under which, in January 2024, an explosion was triggered in a Tesla Cybertruck, as the "porte cochère".

In fourteenth century Europe, French was the most widely-spoken language and in 1539, the King’s Court declared French to be the official language of government.  It was in this era too that diplomacy began to assume a recognisably modern form with an increasingly consistent use of titles, conventions and institutions and this extended sometimes to architecture.  After Francis I (1494-1547; King of France 1515-1547) and Sultan Suleiman the Magnificent (Suleiman I (سليمان اول) 1494–1566; Sultan of the Ottoman Empire 1520-1566) negotiated a treaty in 1536, the French emissaries walked through the al-Bab al-'Ali (High Gate) to meet with the Sultan’s ministers to place their seals on the document.  Because French was the language of diplomacy, the French translation “Sublime Porte” was immediately adopted in other European chancelleries and became not only the term for the structure but also the synecdoche which served as a metaphor for the government of the Ottoman Empire.  Among locals however, it was often referred to as the “Gate of the Pasha” (paşa kapusu).  Damaged by fire in 1911, the buildings are now occupied by the offices of the Governor of Istanbul.

1967 Mercedes-Benz 600 (W100, 1963-1981) under the porte-cochere, Stamford Plaza Brisbane, Queensland, Australia.

Tuesday, December 14, 2021

Leverage

Leverage (pronounced lev-rij, lev-er-ij or lee-ver-ij)

(1) The action of a lever, a rigid bar that pivots about one point and that is used to move an object at a second point by a force applied at a third.

(2) The mechanical advantage or power gained by using a lever.  A force compounded by means of a lever rotating around a pivot.

(3) The power or ability to act or to influence people, events, decisions etc, based on position, personality, reputation etc (an applied to both institutions & individuals); sway.

(4) In finance, the use of a small initial investment, credit, or borrowed funds to gain a very high return in relation to one's investment, to control a much larger investment, or to reduce one's own liability for any loss (in some places known also as “gearing” and often used to express the “debt to equity” ratio).

(5) To use (a quality or advantage) to obtain a desired effect or result:

(6) To provide with leverage.

(7) To invest or arrange (invested funds) using leverage.

(8) To exert power or influence on:

1724: The construct was lever + -age.  Lever (a rigid piece which is capable of turning about one point, or axis (the fulcrum), and in which are two or more other points where forces are applied (used for transmitting and modifying force and motion)) was from the Middle English lever, levore & levour, from the Old French leveor & leveur (a lifter, lever (also Old French and French levier)), from the Latin levātor (a lifter), from levō (to raise).  The suffix -age was from the Middle English -age, from the Old French -age, from the Latin -āticum.  Cognates include the French -age, the Italian -aggio, the Portuguese -agem, the Spanish -aje & Romanian -aj.  It was used to form nouns (1) with the sense of collection or appurtenance, (2) indicating a process, action, or a result, (3) of a state or relationship, (4) indicating a place, (5) indicating a charge, toll, or fee, (6) indicating a rate & (7) of a unit of measure.  Leverage is a noun & verb, leverage is a noun, leveraged & leveraging are verbs and leverageable is an adjective; the noun plural is leverages.

The original meaning was to describe the action of a lever, the meaning “the power or force of a lever” emerging in 1827 while the figurative sense of an “advantage for accomplishing a purpose” dates from 1858.  The use in financial matters seems first to have appeared in writing in 1933 and was a creation of US English, in use as a verb by at least 1956.  The synonyms and related terms when describing the physics of the mechanical effect include mechanical advantage, strength, multiplier effect & force multiplier; in the figurative sense the usual alternatives are clout, influence & pull.  In the world of limited liability companies, leveraged financial arrangements (such as the “leveraged buyout”) are so common that when the mechanism is not used, the adjectives non-leveraged & unleveraged often appear.  The word is so embedded in the slang of those in business where leveraged transactions are common that as a transitive verb, it’s commonly used generally to suggest “to use; to exploit; to manipulate in order to take full advantage of someone or something.  The word has also entered the language of international relations (though used more often by commentators than diplomats) to describe what is known casually as “hostage diplomacy”.  The taking of hostages for ransom or some other purpose is not new and has probably been practiced since human societies first interacted and many cases over the centuries have been documented but historically, the tactic was once blatantly admitted, the gangsterism unconcealed.  Now, states which use hostages for leverage usually gloss things with the pretence of legality, the hostage convicted of something and given a sentence disproportionately long and while none seem yet to have been sufficiently cynical to have used a charge of "unspecified offences" that may yet happen.  The leverage sought tends to be political (the release of prisoners held by the hostage’s country of origin or some other concession) and the expert practitioners are the usual suspects: the DPRK (Democratic People’s Republic of Korea (North Korea)), the PRC (People’s Republic of China) and the Russian Federation.

Lever porn: 1972 Mercedes-Benz Unimog w1416.  The multiple levers were required because of the many drive and gearing combinations available.  In vehicles of this type, this may be close to peak-lever because it's become common to use electronic controls for activation but the attraction of mechanical levers is their robust reliability and, for those who remember the way things used to be done, the tactility can be compelling.

The surname Lever is English and of Norman origin; it was a nickname for a fleet-footed or timid person, from the Old French levre (hare), from the Latin lepus (genitive leporis) although it’s not impossible that at least in some instances, it was a metonymic occupational name for a hunter or trapper of hares.  In some regions it may also have been a topographic name for someone who lived in a place thickly grown with rushes, the link the Old English lǣfer (rush, reed, iris).  Great & Little Lever in Greater Manchester are (collectively) named with this word and if there was a habitational origin to any names it would have come from such places.  Although rare in Germany, where Lever exists it is a descendent of the medieval personal names Lever (a variant of Liever and Levert, a variant of Lievert.  In Slovenia, it’s an altered form of Levar.  English cricketer John Lever (b 1949) between 1976-1986 played 21 tests, scoring 306 runs at an average of 11.76 and took 73 wickets with an average of 26.72, his best figures being 7/46, on debut in the first test against India at Deli in 1976.

Leverage began its life meaning “to use a lever or some similar tool to gain a mechanical advantage, typically in the context of lifting or moving heavy objects”, the idea generally thus one of “effective force multiplication”.  From here it came variously to be used figuratively, notably sine the 1930s in structured financial transactions.  Financial Leverage is the use of various financial instruments or borrowed capital to increase the potential return of an investment, the attraction the magnification of profit; the risk in increase in potential losses.  Social leverage is not new but it’s assumed a new significance in the age of social media because the proliferation of access afforded by the platforms has removed the “gatekeeper” role the legacy media once fulfilled and a presence, once established in one context can be leveraged into a position in other, lucrative fields.  Fame itself seemed to be enough: Lindsay Lohan’s forays into music and fashion might seem related to her career in film but wouldn’t appear obviously to be linked with her more recent activities promoting cryptocurrency.  That doesn’t matter because notoriety (for better or worse) is enough; her choice of a certain dress to wear to one of her many court appearances saw the garment sell-out within hours.  Nor is this multi-directional leverage a creature only of pop culture, a number of Nobel laureates wryly observing that having won the prize for their accomplishments is a certain branch of science, they end up on the “commentator lists” of media organizations and are asked for their thoughts on things hardly related to their field.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

It’s of course routine for leverage to be weaponized but sometimes, there’s the suggestion the leverage of others can be appropriated and misused, the essence of many an ambush marketing campaign.  Lindsay Lohan in 2014 sued a software house, alleging one of the characters in the game Grand Theft Auto V (GTA5) was based on a likeness of her and thus an invasion of her privacy: “an attempt to leverage her public profile to boost sales of the latest instalment of the series”.  The game’s producers responded, labelling the suit a “publicity stunt” and in private discussions they may also have called it a cunning one.  It took an unremarkable four years from filing for the case to reach New York’s highest appellate court where it was dismissed, six judges of the Court of Appeals finding the “actress/singer” in GTA5 merely resembled a “generic young woman” rather than anyone specific.  Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character “could be construed a portrait”, which “could constitute an invasion of an individual’s privacy” but, on the facts of the case, the likeness was “not sufficiently strong”.  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff” the judgment read.  Ms Lohan’s lawyers did not seek leave to appeal.