Sunday, July 3, 2022

Dimple

Dimple (pronounced dim-puhl)

(1) A small (permanent or transient) natural indentation in the chin, cheek, or sacral region, probably due to some developmental fault in the subcutaneous connective tissue or in underlying bone (but can manifest as a result of trauma or the contraction of scar tissue).

(2) Any similar slight depression.

(3) To mark with or as if with dimples; to produce dimples in.

(4) In metalworking, to dent a metal sheet so as to permit use of bolts or rivets with countersunk heads; to mark a metal object with a drill point as a guide for further drilling.

(5) In glassmaking, a bubble or dent in glass.

1350-1400: From the Middle English dimple & dympull (natural transient small dent in some soft part of the human body) from the Old English dympel & dyppan (a dip, a hollow in the trail or road), probably from the Proto-Germanic dumpila- (sink-hole), probably related to the Proto-Germanic dumpilazdumpa- (hole, hollow, pit), from the primitive Indo-European dhewb- (deep, hollow), a construct of the dialectal dump (deep hole or pool) + -le (the diminutive suffix).  It was akin to the Old High German tumphilo (pool) from whence German gained Tümpel (pool), the Middle Low German dümpelen and the Dutch dompelen (to plunge).

The noun was the original form, describing a small dent in some part of a person's surface soft tissue (skin), applied especially to that produced in the cheek of a young person by the act of smiling and was always associated with youthful attractiveness rather than being some sort of flaw although it was all based on the less attractive "pothole", hence the link with words of Germanic origin which tend to this meaning.  From the Proto-Germanic dumpilaz also came other forms meaning "small pit, little pool" including the German Tümpel (pool), the Middle Low German dümpelen and the Dutch dompelen (to plunge).  The verb dates from the 1570s (implied in dimpled), as the intransitive, "form dimples", derived from the noun and the transitive sense "mark with dimples" emerged circa 1600.

Use as a proper noun actually pre-dates the descriptor of the physical characteristic, Dimple as a place name noted circa 1200 and as a surname from the late thirteenth century.  The extension of the meaning to a generalized "slight indentation or impression in any surface" is from the 1630s.  The related noun philtrum (dimple in the middle of the upper lip), first noted 1703, is medical Latin, from a Latinized form of Greek philtron, (literally "love charm").  Dimple is a noun; the verbs (used with object) are dimpling & dimpled (which is also an adjective).  Synonyms (applied to non-human dimples) include divot, hollow, concavity, cleft, dent, pit & depression.

Young lady with dimple.  A dimple will always draw the eye.

Saturday, July 2, 2022

TERF & Terf

TERF & Terf (pronounced turf)

(1) The acronym for trans-exclusionary radical feminist (trans-exclusionary radical feminism), a fork of the fork of radical feminism which maintains a trans woman’s gender identity is not legitimate and rejects the inclusion of trans people and the gender-diverse in the feminist movement.

(2) In genetics as (1) TERF 1 (Telomeric repeat-binding factor 1), a protein which in  humans is encoded by the TERF1 gene & (2) TERF 2 (Telomeric repeat-binding factor 2), a protein present at telomeres throughout the cell cycle. 

2008: Coined by Australian feminist writer Viv Smythe (@vivsmythe (fka @tigtog, @hoydenabouttown & @GFIComedy) although Ms Smythe suggests the acronym may previously have been in use but her blog entry is the oldest instance extant, hence the credit.  By virtue of use, TERF has become a word and thus the noun terf (and its variations) is correct.  The use in genetics dates from the 1990s , the definitions written as part of the project which decoded the human genome (the complete results of which weren't released until March 2022).   

TERF was said first to have been coined as a “deliberately neutral” descriptor of a certain intellectual position among certain feminists, CISgender women who self-identify as feminist but who oppose including transgender women in spaces (physical, virtual & philosophical) which their construct of feminism reserved for those assigned female at birth.  Implicit in this is the denial that trans women (or anyone anywhere on the trans gender spectrum) are women; they regard them as men and because, by definition, men cannot coexist with their feminist construct, they must be excluded.  However, though TERF was of the feminists, by a feminist, for the feminists, once in the wild it is public property and TERF didn’t long stay neutral, soon used as a slur, applied as a term of disparagement by those sympathetic to trans rights and just as quickly embraced by some TERFs in an act of reclamation (a la slut, the infamous n-word etc).  In use online since at least 2008, TERF has different connotations, depending on who is using it but even when it’s been applied as something purely descriptive, feminists who have been labeled TERF have called the term a slur because it has come to be associated with violence and hatred.  It is a loaded term.

Sainte Jeanne d'Arc (Saint Joan of Arc) (1903) by Albert Lynch (1860–1950).  Joan of Arc with proto TERF bangs: latter day TERFs arouse such hatred there have probably been whisperings of burnings at the stake.

The coining of TERF inspired some neologisms.  TERF bangs (existing only in the plural and noted since 2013 although use didn't trend until 2014) is a sardonic reference to a woman's hairstyle with short, straight, blunt-edged bangs (historically called baby bangs and a variation of what's known by some hairdressers as the "Joan of Arc" fringe), especially when paired with a bob and claimed to be associated with TERFs, the link impressionistic and possibly an example of a gaboso (generalized association based on single-observation).  The link is thought to be part of the opposition to transphobia, the TERF bangs noted for their relationship to the Karen (speak to the manager) bob and all Karens are assumed to be transphobic.  TERFdom is either (1) the holding (and expression) of trans-exclusionary feminist views or (2) being in some way present in the on-line TERF ecosystem.  TERFism is the abstract noun denoting variously the action, practice, state, condition, principle, doctrine, usage, characteristic, devotion or adherence to TERFDom.  TERfturf is an expression variously of the physical, virtual or philosophical space occupied by TERFdom.  TERFy, TURFish & TERFic are adjectives (usually applied disparagingly) which suggest someone or something may be tending towards, characteristic of, or related to trans-exclusionary feminism or those who hold such views.  It's tempting to ponder TERFery, TERFed & TERFistic and the use to which they might be put but there's scant evidence of use.

TERF also provided the model for the back-formation acronym SWERF (sex worker exclusionary radical feminist), describing the position of those radical feminists opposed to the sex industry (including pornography), regarding all aspects of the business as exploitative and that women who participate are victims of coercion, any assertion of agency or willing participation a form of false consciousness.

TERF, TWERF and others

Whatever the life TERF subsequently took, Ms Smythe’s original piece was a critique of the undercurrent of transphobia in the UK British media, something hardly hard to detect nor restricted to the most squalid of the tabloids.  However, as she noted, regardless of her purpose or the context of the text, TERF has became a weaponized device of the culture wars which, in the way of the battle, assumed its identities at the extremes of the trans-inclusion & trans-exclusion positions and it could hardly have followed a different course, the notion, however applied, hardly one amenable to subtle nuances (although some have tried).  That it had the effect of being an inherently schismatic force in radical feminism seemed especially to disturb Ms Smythe and later she would suggest a more accurate (or certainly less divisive) acronym would have been “…TES, with the “S” standing for separatists”, adding that many “…of the positions that are presented seem far too essentialist to be adequately described as feminist, let alone radical feminist.”  Of course, that view was in itself exclusivist and a kind of assertion of ownership of both “radical” and “feminist” but that’s entirely in the tradition of political philosophy including the strains which long pre-date modern feminism, gatekeepers never hesitant in lowering the intellectual portcullis, intruders rarely welcome.

Still, it wasn’t as if feminism had been immune from the fissiparousness which so often afflicted movements (secular and otherwise), the devolution into into competing doctrinal orthodoxies of course creating heretics and heroes and to think of the accepted structure of the history (first wave, second wave etc) as lineal is misleading.  Nor was the process organic and it has been claimed there are TERFs (notably some of the self-described) for whom the identification with feminism became attractive only when it seemed to offer a intellectual cloak under which push transphobia, an accusation leveled at members of the US organization Gender Identity Watch (GIW).   Described variously as a “hate group” and the “Republican party in sensible shoes”, GIW’s best known activities include lobbying and monitoring legislatures and courts to try to ensure those who are transgender are not granted either the status of women or whatever rights may accrue from that.  Their basis was simply definitional, those designated male at birth (DMaB) can never be anything beyond men in disguise (MiD) and thus have no place in women’s spaces.

Other theorists developed their own form of exclusivism.  The idea behind the back-formation TWERF (Trans Women Exclusionary Radical Feminist) was that it was "pure womanism", the needs of trans women being not only different from “real” women but irrelevant too, again by definition because trans women are still men and even if in some way defined as not, were still not “real” women.  The distinctions drawn by the TWERFs was certainly a particular strain of radical feminism because they raised no objection to the presence of trans men, the agender and even some other non-binary people into at least some of their women-only spaces although the rationale offered to support this position did seem sometimes contradictory.  Some however seemed well to understand the meaning and they were the transsexual separatists, apparently a cause without rebels, support for the view apparently close to zero.  The transsexual separatists argue that they need to be treated, for the purposes of defined rights, as a separate category, a concept which received little attention until the Fédération internationale de notation (Fina, the International Swimming Federation) in June 2022 announced a ban on the participation of transgender women from elite female competition if they have experienced “…any part of male puberty beyond Tanner Stage 2 or before age twelve, whichever is later."  As something a workaround designed somehow to combine inclusion and exclusion in the one policy, Fina undertook to create a working group to design an “open” category for trans women in “some events” as part of its new policy.  The transsexual separatists may not have expected Fina to be the first mainstream organization to offer a supporting gesture but what the federation has done may stimulate discussion, even if the work-around proves unworkable.

Discursiveness is however in the nature of feminist thought, the essence of the phases of renewal which characterized progress, formalized (if sometimes misleadingly) as waves and it’s unrealistic to imagine trans-related issues will be resolved until generational change allows a new orthodoxy to coalesce.  It really wasn’t until the high-water mark of second wave of feminism in the early 1980s that some of the early radical feminists began to attempt to distance the movement from the issues pertaining to trans people, reflecting the view that the implications of what was characterized as the transgender agenda would only reinforce sexual stereotyping and the gender binary.  Even then, the position taken by radical feminists was not monolithic but it was the exclusionists who attracted most interest, inevitable perhaps given they offered the media a conflictual lens through which to view the then somewhat novel matter of trans rights, until then rarely discussed.  Third wave feminism was a product of the environment in which it emerged and thus reflected the wider acceptance of transgender rights and few would argue this has not continued during the fourth wave, the attention given to TERF (and its forks and variations) an indication of the interest in the culture wars and the lure of conflict in media content (whether tabloid or twitter) rather than any indication a generalized hardening of opposition among feminists.

Friday, July 1, 2022

Asunder

Asunder (pronounced uh-suhn-der)

(1) To separate into parts; in or into pieces.

(2) Things apart or widely separated:

Pre-1000: From the Old English sundrian & syndrian (to sunder, separate, divide), from sundor (separately, apart), from the Proto-Germanic sundraz & sunder (source also of the Old Norse sundr, the Old Frisian sunder, the Old High German suntar (aside, apart) and the German sondern (to separate), from the primitive Indo-European root sen- & sene- (apart, separated (source also of the Sanskrit sanutar (away, aside), the Avestan hanare (without), the Greek ater (without), the Latin sine (without), the Old Church Slavonic svene (without) and the Old Irish sain (different)).  It was cognate with the Danish sønder, the Swedish sönder, the Dutch zonder, the German sonder, the Icelandic sundur, the Faroese sundur and the Norwegian sunder & sønder (akin to the Gothic sundrō).  The adverb asunder (into a position apart, separate, into separate parts) was a mid-twelfth century contraction of the Old English on sundran, the construct being on (preposition) + sundran (separate position) and in Middle English was used in the sense of "distinguish, tell apart".  The related forms are sundered & sundering. 

Marriage and divorce

Although it appears also in Mark 10:9, the phrase “what therefore God hath joined together, let not man put asunder” is best known from Matthew 19:6 and it became part of the Christian wedding ritual, for long preceded at some point by the injunction “should anyone present know of any reason why this couple should not be joined in holy matrimony, speak now or forever hold your peace”.

The formalization of the ritual during the middle ages reflected the medieval church’s regulation of rules within which people could marry.  By the twelfth century, the “consent theory” of marriage had emerged by which a couple married by exchanging certain words, regardless of whether witnesses or a priest was present.  If they exchanged vows without witnesses, the marriage was said to be “clandestine” and while legal (a valid, binding sacrament) it was not licit (allowed), a binary distinction that would appear in the development of the law of both contract and equity. 

Thus the Fourth Lateran Council (1215) forbid clandestine marriages and began the codification of the forms and processes of formal marriage, requiring an announcement of the impending marriage to be “…read or published on three successive Sundays prior…” to the actual ceremony to ensure that impediments to be raised, thus preventing invalid marriages.  Including this in the ceremony was a final chance to object before the marriage was declared, after which it could not be torn asunder.

Torn asunder.  The 2016 Brexit (British exit from membership of the European Union (EU)) referendum was narrowly won by the "leave" campaign.  It was a very bad outcome and one intended to serve the interests of a tiny elite, the members of which stoked the hatreds, fears and prejudices of those less socially sophisticated, inducing them to vote against their own interests.  No good will come of this.

Thursday, June 30, 2022

Nautical

Nautical (pronounced naw-ti-kuhl)

(1) Of or relating to ships, navigation, sailors & other admiralty matters.

(2) As nautical mile, a measure of distance.

1545-1555: From the Middle French nautique (pertaining to ships, sailors, or navigation) from the Latin nautic(us) (of or relating to ships or sailors), from the Ancient Greek ναυτικός (nautikós) (seafaring, naval), from nautes (sailor), from naus (ship), from the primitive Indo-European nau (boat).  Nautical is the adjective, nauticality the noun and nautically the adverb; associated words include navigational, seafaring, maritime, marine, aquatic, naval, oceanic, pelagic, salty, ship, abyssal, thalassic, boating, deep-sea, navigating, oceangoing, oceanographic, rowing, sailing & seagoing.

The nautical mile

A unit of distance measurement used in maritime, air and space navigation, one nautical mile was defined originally as one minute (one sixtieth of a degree) of latitude along any line of longitude.  It’s since been re-defined several times and although the international nautical mile is set at 1852 metres (about 1.15 miles), other definitions co-exist: a US Navy nautical mile being 1853.2480 metres (6080.2 feet) whereas UK Admiralty charts use an even 6080 feet.  No standardized nautical mile symbol has ever been agreed with M, NM, nmi and nm variously used.

The derived unit of speed is the knot, a vessel at one knot along a meridian travels approximately one minute of geographic latitude in one hour.  The word knot was originally an admiralty term to measure speed, derived from counting the number of knots unspooled from a real of rope in a certain time.  Curiously, although kn is the ISO standard symbol for the knot, kt is also widely used, particularly in civil aviation.

The reason the generally accepted definition of national territorial waters was set at three nautical miles (5.6 km) was wholly military; it was maximum range of the big ordnance of the age, the cannon-ball.  Developments in ballistics and politics soon rendered the three mile limit irrelevant and states began to claim larger areas but, although the League of Nations Codification Conference began discussions in 1930, nothing was resolved either then or at the subsequent United Nations Conferences on the Law of the Sea (UNCLOS I 1956-1958 & UNCLOS II 1960).  It took a ten-year process (UNCLOS 1973-1982) to secure international agreement that the national territorial limit was set at twelve nautical miles, the provision coming into force in 1994.

Lindsay Lohan's nautically themed Vanity Fair photo shoot, Marina del Rey, California, October 2010.  The location was the Sovereign, a motor yacht built in 1961 for the film star Judy Garland (1922-1969).

Wednesday, June 29, 2022

Rook

Rook (pronounced rook)

(1) A large Eurasian passerine bird, Corvus frugilegus, with a black plumage and a whitish base to its bill from the family Corvidae (crows) and noted for its gregarious habits.

(2) Slang term for a swindler at cards or dice

(3) To cheat, fleece or swindle.

(4) A bad deal; rip off.

(5) In chess, one of two pieces of the same color that may be moved any number of unobstructed squares horizontally or vertically; also called castle.  Rooks start the game on the four corners of the board.

(6) In Canadian heraldry (as chess rook), the cadency mark of a fifth daughter.

(7) A type of firecracker used by farmers to scare birds of the same name (UK).

Pre 900: From the Middle English rok & roke, from the Old English hrōc, from Proto-West Germanic hrōk, from the Proto-Germanic hrōkaz.  In other languages there was the Old Norse hrókr, the Saterland Frisian Rouk, the Middle Swedish roka, the Old High German hruoh (crow), the Middle Dutch roec and Dutch roek (and the obsolete German Ruch, from the primitive Indo-European kerk- (crow, raven).  Related avian forms were the Old Irish cerc (hen), the Old Prussian kerko (loon, diver), the dialectal Bulgarian кро́кон (krókon) (raven), the Ancient Greek κόραξ (kórax) (crow), the Old Armenian ագռաւ (agaw), the Avestan kahrkatat (rooster), the Sanskrit कृकर (kkara) and the Ukrainian крук (kruk) (raven). The Old French was rocfrom the Spanish rocho & ruc, from the Arabic رُخّ‎ (ruḵḵ), from the Persian رخ‎ (rox).  Use as the bird’s name was possibly imitative of its raucous voice, an etymology hinted at by other languages (the Gaelic roc (as in "croak") and the Sanskrit kruc (as in "to cry out")).

In chess

Rook was applied as a disparaging term for persons since at least circa 1500, and extended by 1570s to mean a cheat, especially at cards or dice, this probably associated with the thieving habits of the rook, a habit it shares with other corvine birds like the crow and magpie.  Rook as the chess piece dates from circa 1300, from Old French roc (derived from Arabic rukhkh and Persian rukh) of unknown origin though perhaps related to the Indian name for the piece, rut, from Hindi rath (chariot); the word was, in Middle English, sometimes confused with roc (the enormous mythical bird in Eastern legend.

In chess, as well as castle, the rook has been called the tower, marquess, rector, and comes.  The term castle is, depending on one’s view, informal, incorrect, or old-fashioned and has been cited as a class-identifier.  Rooks can be said vaguely to resemble castles though the connection is unattested.  Curiously, even among those who insist the piece a rook, use persists in the move “castling” in which the rook and king can switch positions along the base-line.  Chess purists insist this is the only permissible use of castle.

Tuesday, June 28, 2022

Hustings

Hustings (pronounced huhs-tingz)

(1) The temporary platform on which candidates seeking election to the UK House of Commons stood and from which they addressed the electors.

(2) Any place from which political campaign speeches are made.

(3) By extension, the campaign trail in election campaigns; the proceedings at a parliamentary election; of political campaigning in general.

(4) In certain jurisdictions, as Hustings Court, a court of law (obsolete).

Pre 1050: From the Middle English & Old English husting (meeting, council, tribunal), from the Old Danish hūs- (a house), from the eleventh century Old Norse husðing (hūsthing), the construct being hūs- + ðing (thing) (assembly; meeting), so called because it described a meeting of the men who formed the "household" of a nobleman or king (the native Anglo-Saxon for which was folc-gemot).  Husting is a noun, functioning as both singular & plural, the verb use inherently plural; the formation was originally the plural of husting (and established as the usual form by circa 1500), later construed as a singular but the spelling hustings.

On the hustings

The sense of "a temporary platform for political speeches" developed by the 1720s, apparently a reference to London's Court of Hustings, presided over by the Lord Mayor and conducted on a platform in the Guildhall.  The sense widened first to other platforms on which candidates spoke and, by the mid nineteenth century, to electoral campaigning generally, a use which appears first to have been documented in 1872 but is thought already to have been in use for some time

David Lloyd George (1863–1945; UK prime-minister 1916-1922) on the hustings, Criccieth, north Wales, 1914.

In England, the hustings evolved as physical platforms on which candidates spoke to seek the support of electors, a show of hands the usual expression of approval.  It was an informal process in the sense no records were kept of the “votes” but on the basis of the expression of support, a candidate might decide to proceed to the actual poll or decline to contest the seat and reports at the time confirm hustings were often noisy and occasionally violent affairs with more than a whiff of corruption.  The mechanism of the hustings evolved into the more structured pre-selection processes such as primaries and caucuses, the latter the closest (and now the most controversial) in form to the original.

When voting was restricted to a small fraction of the male population, there was sometimes only a single hustings in a parliamentary constituency (especially the geographically small such as the university seats) but were usually more numerous.  The arrangements were formalized by the Reform Act (1832) which somewhat extended the franchise, specifying a separate hustings for every 600 electors, the number reflecting the practical maximum capacity for buildings such as the municipal halls often used for the purpose.  An interesting aspect of the development of democracy in England is that even though voting at the hustings was limited to certain men (the rules varied but involved age, property, income or educational tests and even after the first reform act those eligible were fewer than 10% of the population), it was permitted for others (including women) to attend and view the proceedings, something like the “observer status” at the United Nations (UN), granted to various entities and even at times the odd sovereign state.  The hustings were abolished by the Ballot Act (1872) which made the secret ballot the universal mechanism of election.  The idea of public nomination by acclamation was replaced by the now familiar filing of duly executed and witnessed papers and it was at this point the stranglehold of the parties on the democratic process was effectively institutionalized, their structures evolving as much around the candidate selection process as the actual election.

In 2015, Lindsay Lohan posted on Instagram the suggestion she might be taking to the hustings, running for president in 2020.  History might have been different had Lindsay Lohan been given the launch codes for nuclear weapons.

A candidate’s performance of the platform at public meetings had long been an important part of the electoral process but the advent of photography and later, movies, added new layers, politicians increasingly borrowing the techniques used in dramatic production on stage and screen.  Politicians and their handlers quickly realized the potency of manufactured images and few were as assiduous in their creation as Adolf Hitler (1889-1945; head of state (1934-1945) and government (1933-1945) in Nazi Germany) for whom the realization of a talent for rabble-rousing public speaking came while working as a nationalistic agitator in the chaotic aftermath of the First World War.  After his release in 1925 from the far from unpleasant nine month stint in Landsberg during which he (by dictating to some with better grammar and spelling) wrote his autobiography, Hitler’s political career became more focused, in terms of both the structure and organization of the Nazi Party (Nationalsozialistische Deutsche Arbeiterpartei (NSDAP, the National Socialist German Workers' Party) and his own public image, one footnote to the process his publisher’s decision to shorten the name of Hitler’s book from Viereinhalb Jahre (des Kampfes) gegen Lüge, Dummheit und Feigheit (Four and a Half Years (of Struggle) Against Lies, Stupidity and Cowardice) to the punchier Mein Kampf (My Struggle).  It is a dreary and repetitive work.

More significantly, he worked at honing his techniques of presentation on the hustings, aware of the effects of lighting and camera angle, deliberately he rehearsed movements and gestures to find those most appropriate to use before a live audience, developing an understanding that what was suitable before small, intimate gatherings would lose effectiveness at mass meetings.  He was interested too in the movements and stances which would translate especially well on film, contemporary notes indicating some analysis of the relationship between camera angle and effect.  Hitler’s method of rehearsal was that used by many actors: he performed in front of a mirror, trying to gauge the effectiveness of each pose.  Late in 1925, he had the photographer Heinrich Hoffmann (1885–1957) create images from a variety of angles, better to understand what would best work to appeal to those in an audience which in some cases might be seated in a surrounding circle.  Hitler studied the photographs with great interest and conscious of public perception, ordered the negatives destroyed.

Hoffman however retained the negatives, along with a number of others the Führer had indicated should shredded and published them in his memoir Hitler was my friend, a title which was probably close to the truth, the photographer part Hitler’s inner circle and the one who introduced him to the woman who would for a few, final hours be his wife, Eva Hitler (née Braun, 1912–1945).  Most of Hoffmann’s image archive was seized by the US-American military government during the Allied occupation of Germany as spoils of war and is today held mostly by the US National Archives and Records Administration.  What remained in Germany was assembled as a collection now housed in the Bayerische Staatsbibliothek (Bavarian State Library) in Munich.

The technique remains the same.  Crooked Hillary Clinton on the hustings.

Monday, June 27, 2022

Shunamitism

Shunamitism (pronounced shunn-ah-might-izm)

The ancient practice of an old man sleeping with, but not necessarily having sex with, a young virgin, either to preserve youth or restore health.

Biblical (1 Kings 1-4): From Shunamite + -ism, after Abishag (אבישג‎ (Avishag) in the Hebrew), a Shunamite woman who served this purpose for King David.  A Shunamite was an inhabitant of the Biblical village of Shunem.  The –ism suffix is ultimately either from the Ancient Greek -ισμός (-ismós), a suffix that forms abstract nouns of action, state, condition, doctrine; from stem of verbs in -ίζειν (-ízein) (whence the English -ize), or from the related suffix Ancient Greek -ισμα (-isma), which more specifically expressed a finished act or thing done.

Still recommended

Shunamitism is the practice of an old man sleeping with, but not necessarily having sex with, a young virgin to preserve his youth.  A legitimate medical theory of the time, the rationale was heat and vitality of the young maiden would revitalize the old man.

The term is based on the Biblical story of King David (1 Kings 1-4) and Abishag, a young woman from Shunem.  The King was very old and could not stay warm so his servants procured the young Abishag to sleep with him; they did not enjoy intimacy but Abishag also provided another footnote in royal history.  After a power-struggle with his brother Adonijah, Solomon was crowned king and when Adonijah asked for Abishag in marriage, Solomon, fearing another attempt to usurp the throne, had him put to death.

As late as the eighteenth century, physicians were still prescribing shunamitism and, in emergency medicine, it remains a recommended method to treat hypothermia when no medical facilities are available, though without mention of the necessity to secure a young virgin.

A work in progress: Rupert Murdoch (b 1931) with wife Jerry Hall (b 1956), Barbados, 2019.

Reports in June 2022 were circulating that Mr & Mrs Murdoch had separated and, after six year of marriage, were to divorce.  A usually reliable source for the details of such matters, the Murdoch tabloids, were as silent as they'd been when last Mr Murdoch sundered a marriage but no denial was issued, this taken as a confirmation by those who read between the lines.  Anything involving Mr Murdoch is an event of note, not least because he probably ranks with Billy Hughes (1862-1952), MacFarlane Burnett (1899-1985) and Germaine Greer (b 1939) as the most influential Australians of the last hundred-odd years.

Sunday, June 26, 2022

Mandamus

Mandamus (pronounced man-dey-muhs)

At common law, an order of a superior court or officer commanding (an inferior tribunal, public official, or organ of the state) a specific thing be done.  Formerly a writ, now issued as an order.

1530-1535:  From Middle English, a borrowing from the late fourteenth century Anglo-French, from the Latin mandāmus (we order (which were printed as the opening words of a writ of mandamus), first person plural present indicative of mandāre (to order).

Some writs

A mandamus was a writ compelling a court or government official correctly to perform that which the law required; for technical reasons it’s now issued as an order rather than a writ.  It’s one of a number of procedures called the prerogative writs, an evolutionary fork of the common law which ensured courts could compel governments to adhere to the law.  These devices constitute the means by which the rule of law is maintained and, because of the intent, a mandamus must follow black-letter law.  If a law says a minister must review something, the court can force only the review and cannot instruct what the finding should be.  The use is now generally limited to cases of complaint someone having an interest in the performance of a public duty, when effectual relief against its neglect cannot be had in the course of an ordinary action.

There are other mechanisms in this class.  The subpoena duces tecum (order for production of evidence) is a summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.  It’s similar to the subpoena ad testificandum (summoning a witness orally to testify) but differs in that it requires the production of physical evidence.  The literal translation was "under threat of punishment, you will bring it with you", the construct being sub (under) + poena (penalty) + duces (you will bring) + te (you) + cum (with).  Habeas corpus in the Medieval Latin meant literally "that you have the body".  It provides recourse in law by which a person can report an unlawful detention to a court and request the court order those holding the person to bring the prisoner before a court so it might decide whether the imprisonment is lawful; it is best understood in modern use as "bring us the body".  The quo warranto, which in Medieval Latin was literally "by what warrant?" required a person to show the court by what authority they have for exercising some right, power, or franchise they claim to hold.  A prohibito (literally "prohibited") directed the stopping of something the law prohibits.  A procedendo, from Medieval Latin in the sense of the meanings “proceed; prosecute”, was a writ sending a case from an appellate court to a lower court with an order to proceed to judgment and was also the writ by which the suspended commission of a justice of the peace was revived.  A writ of certiorari was a request for judicial review of the findings or conduct of an inferior court, tribunal, or other public authority ands in its pure form it existed by right, not by leave of the court.  The Medieval Latin was certiorārī (volumus), a literal “we wish to be informed".  Certiorari is the present passive infinitive of the Latin verbs certioro, certiorare (to inform, apprise, show).

William Marbury (left) & James Madison (right).  Marbury's former house in Georgetown, Washington DC is now the Ukrainian Embassy to the United States.

Marbury v Madison (5 U.S. (1 Cranch) 137 (1803)) was the US Supreme Court case which established the principle of judicial review in the United States, the consequence being US courts have the power to strike down laws they find to violate the US Constitution; it’s thus regarded as the single most important decision in US constitutional law, establishing that the constitution, although a foundation political document, is also actual law and thus the country’s basic law.  It was this decision which made possible the enforcement of the separation of powers between the federal government’s executive and judicial branches.

The case had an unlikely origin in a political squabble which sounds remarkably modern.  John Adams (1735–1826; US president 1797-1801) had lost the election of 1800 to Thomas Jefferson (1743–1826; US president 1801-1809) and in March 1801, two days before his term ended, Adams appointed several dozen Federalist Party supporters to judicial offices, intending to sabotage the Democratic-Republican Party’s incoming administration.  A compliant Senate confirmed the appointments with a haste which would seem now extraordinary but the outgoing Secretary of State John Marshall (1755–1835; US secretary of state 1800-1801 & chief justice 1801-1835) did not deliver all of the papers of commission before Jefferson's inauguration, thus encouraging the new president to declare them void.  One undelivered commission was that of William Marbury (1762–1835) and in late 1801, after Madison had more than once declined to deliver his commission, Marbury filed suit in the Supreme Court requesting the issue of a writ of mandamus, requiring Madison to deliver the papers.

The court’s judgement was handed down by John Marshall, now the chief justice.  The court held that (1) the president’s refusal to deliver the commission was illegal and (2) in those circumstances a competent court would order the official in question to deliver the commission.  However, despite the facts of Marbury v Madison, no writ of mandamus was issue, the rationale being that upon examining the law with which Congress had granted the Supreme Court jurisdiction in such matters, the legislature had expanded the definition of its jurisdiction beyond that which was specified in the constitution.  The Court then struck down that section of the law, announcing that American courts have the power to invalidate laws they find violate the Constitution.  The finding in Marbury v Madison was the origin of judicial review in the US.

Forrest-Marbury House, 3350 M Street NW, Georgetown, Washington DC, once the home of William Marbury.  It was in this house on 29 March 1791 that George Washington (1732–1799; president of the US 1789-1797) negotiated the real-estate deal for the land that would become Washington DC.  Since 1992, it has been the chancery of the Embassy of Ukraine.

Saturday, June 25, 2022

Concebollista & Sincebollista

Concebollista (pronounced kon-sur-ber-ghist-ah)

One who asserts onion is an essential ingredient in Spanish omelettes.

A Spanish form, the construct being con (with) + cebolla (onion) + -ista.  Con is from the Latin cum (with), from the Proto-Italic kom, from the primitive Indo-European óm (next to, at, with, along).  Cebolla is from the Old Spanish cebolla, from the Late Latin cēpulla, diminutive of the Latin cēpa from whence English gained chive.  The –ista suffix is from the Latin -ista, from the Ancient Greek -ιστής (-ists) and is used to form nouns indicating “one who follows a principle”, “one belonging to that school of thought”, “one who holds certain values” etc.  The noun plural is concebollistas.

Sincebollista (pronounced sin-suh-ber-ghist-ah)

One who asserts onion must not be an ingredient in Spanish omelettes.

A Spanish form, the construct being sin (without) + cebolla (onion) + -ista.  Sin is from the Old Spanish sin, from the Latin sine.  It was cognate with the English sans, the French sans, the Italian senza and the Portuguese sem.  Cebolla is from the Old Spanish cebolla, from the Late Latin cēpulla, diminutive of the Latin cēpa from whence English gained chive.  The –ista suffix is from the Latin -ista, from the Ancient Greek -ιστής (-ists) and is used to form nouns indicating “one who follows a principle”, “one belonging to that school of thought”, “one who holds certain values” etc.  The noun plural is sincebollistas.

On the allium addition

Eagerly awaited results of a survey by the newspaper El Mundo were released in July 2021.  The numbers seem unequivocally to prove Spain’s pro-onion faction has triumphed in the great omelette dispute which centres on whether onions should be included in the nation's signature tortilla de patatas (omelette).  It was no narrow margin: 72.7% of those surveyed were concebollistas (onion lovers) and 25.3% sincebollistas (onion haters) while only 1.9% were indifferent or declined to offer an opinion.

Interestingly for a country in which politics have for decades been polarized, the issue didn’t split opinion across party lines, pro-onion majorities in parties of left and right varying by only a few percentage points:

Socialist Workers’ Party (left): 73.2%

People's Party (right): 72.1%

Vox Party (far-right): 69.4%

Unidas Podemos Party (far-left) 65%

Citizens Party (centre-right): 74.1%

With and without; omelettes for concebollistas & sincebollistas.

Women favored onions (73.3%) slightly more than men (72.2%), while age proved more predictive, onions popularity reaching 65.8% among those aged 18-26, peaking at an even 75% for those between 45-64.  There was a geographical spike among those who disapprove.  In the Basque country, never much in agreement with anything out of Madrid, the view remained it’s only barbarians who add onion to the mix.  Although no evidence was offered, there seemed  a consensus Franco (Generalissimo Francisco Franco (1892-1975), Caudillo of Spain 1939-1975) was an onion man, the Caudillo thus a concebollista.