Thursday, August 25, 2022

Label

Label (pronounced ley-buhl)

(1) A slip of paper, cloth, or other material, marked or inscribed, for attachment to something to indicate its manufacturer, nature, ownership, destination etc.

(2) A short word or phrase descriptive of a person, group, intellectual movement etc.

(3) A word or phrase indicating that what follows belongs in a particular category or classification.

(4) In architecture, a molding or dripstone over a door or window, especially one that extends horizontally across the top of the opening and vertically downward for a certain distance at the sides.  Now variously called a dripstone, label mold or hood mold.

(5) A brand or trademark, especially used by those who distribute fashion items or recorded music.

(6) In heraldry, a narrow horizontal strip with a number of downward extensions of rectangular or dovetail form, usually placed in chief as the cadency mark of an eldest son.

(7) A strip or narrow piece of anything (obsolete).

(8) In chemistry, to incorporate a radioactive or heavy isotope into (a molecule) in order to make traceable.

(9) In computing, a group of characters, such as a number or a word, appended to a particular statement in a program to allow its unique identification.

(10) In English common law, an alternative name for codicil, meaning to amend or append (both now at least obscure, probably obsolete).

1275-1325: From the Middle English label (narrow band, strip of cloth), from the Old English læppa (skirt, flap of a garment), from the Old French label, lambel & lambel (ribbon, strip of cloth, fringe worn on clothes), from the Old Frankish labba (torn piece of cloth), from the Proto-Germanic lappǭ & lappô (cloth stuff, rag, scraps, flap, dewlap, lobe, rabbit ear) from the primitive Indo-European leb (blade).  The word became lambeau (strip, rag, shred, tatter) in Modern French and etymologists suggest there was (with a diminutive suffix) influence from the Frankish labba or some other Germanic source (such as the Old High German lappa (flap), from the Proto-Germanic lapp- (used to form words for loose cloth etc).

The oldest use was the technical term in heraldry ((6) above).  By the late fifteenth century, use had extended to dangling strips of cloth which would now be called ribbons, used as an ornament in dress or the strip attached to a document to hold a seal.  The modern meaning "tag, sticker, slip of paper" dates from the 1670s; the figurative sense of "to categorize" from 1853.  As used to describe the circular paper glued to the center of gramophone records, use began in 1907, less than for years after mass-production began and the record companies came to be known as “record labels” after 1947.  As a verb in the sense of "to affix a label to", use date from circa 1600 ahile the figurative sense of "to categorize" is from 1853 when used in the novel discipline of sociology.  The related forms are labeled, labeling (or labelling) & labelled.

Labelling Theory

A sociological theory of symbolic interactionism, labelling theory’s origins can be traced to the later work of Émile Durkheim, a seminal figure in the discipline.  It suggests attaching a label to someone influences them to behave in conformity with the label.  Sociologists prefer to write with big words and double negatives but one did offer a simplified description of the theory as “…a specific instance of phenomenology.  The theory hypothesizes that if labels are applied to people, especially stigmatizing labels which encapsulate a societal disapprobation of deviation from the construct of the acceptable, this will tend to promote deviant behavior, becoming a self-fulfilling prophecy.”  By sociology’s standards of constructed complexity, that was good because it could be understood unlike some of the dense, difficult stuff in the journals although, with the dumbing-down of higher education in the late twentieth century, it became increasingly a discussion among academics.

Not surprisingly, the early work attracted the attention of criminologists who concentrated on the implications of labelling inducing behavior which conformed to the label although, there was nothing in the theory, once deconstructed, which precluded labelling compelling behavior with which an individual could attempt to disprove the label.  For the behavioralists, either was a type of linguistic determinism; it mattered not the direction in which behavior changed.  Few theories in the social sciences have been so criticized on the basis of the perception of structural bias and, given the obvious limitations imposed on any research, it must be acknowledged labelling theory may appear to be inseparable from a political agenda.  Despite the criticisms, labelling theory did contribute to critiques of the treatment of minorities and the way power-elites used constructs of deviance as one of the means with which assert social and economic control.

Sociology seemed a good idea at the time, left to right:  Auguste Comte (1798-1857), Émile Durkheim (1858-1917) and Max Weber (1864-1920).

1927 Bentley 3-Litre (speed model) Red label Sports Roadster (chassis # TN1559).  

Bentley (then a separate operation from Rolls-Royce) produced the 3 Litre model between 1921-1929.  Although there was the odd one-off, the factory offered the 3 Litre in three variants (1) the Blue label which was the standard touring car available in short (SWB, 117.5 in (2,984 mm) add long (130.0 in (3,302 mm)) wheelbase (LWB) forms, the latter introduced in 1923, (2) the more powerful SWB Red label (speed model) made between 1924-1929 and (3), the rare, highly tuned Green label, production of which ran in parallel with the Red label and was offered only on a 108 in (2,743 mm) wheelbase chassis with a factory guarantee that 100 mph (161 km/h) was attainable.  Bentley has on occasion since used the color label scheme for model differentiation.

Johnny Walker formalized their red & black (more have since been added) labels in 1909 although the company had been selling its blends since 1865 with white (soon discontinued) and later red and black labels although the official names were Old Highland Whisky (with a white label), Special Old Highland Whisky (with a red label) and Extra Special Old Highland Whisky (with a black label).  It was reports from retailers that customers seldom used the product name and asked for “the one with the black label” or “the one with the red label” which convinced the distillery to re-label.

Mercedes-Maybach Study, Tokyo Motor Show, 1997, the design concept for what became the doomed Maybach.  Had it been sold as a top-of-the-line Mercedes-Benz it was, it might have been a success.

The concept of "designer label" is very old and evidence of the concept predates antiquity but the connotations of the word "label" as something exclusive or highly priced has probably been understood in its broad commercial sense only since the mid-nineteenth century.  In the narrow technical sense all brands can be considered labels but low-priced, mass-market commodities are rarely considered labels in that particular sense of the word.  There is the odd brand which successfully straddles entire cost spectrums and one used to be Mercedes-Benz, the label applied to everything from diesel taxis, trucks small and large, sports cars, grand prix machines and limousines.  It was a rare example of a prestigious label which didn't have its reputation tarnished by an association with lower priced products and for decades this was understood by the engineers who ran things.  Unfortunately, in the 1990s the company fell into the hands of salesmen, MBAs and such types who, skilled in the marketing of soft drinks and washing power, decided what was needed was a more prestigious brand to sit above Mercedes-Benz.  That was what Toyota did when it created Lexus and there it made sense but for Mercedes-Benz it made no sense at all to suggest that the brand which had been good enough for royalty, popes, dictators and major figures in organized crime was just not sufficiently prestigious.  Using the Maybach name was about as dopy as the concept given few people alive knew the brand nor its hardly illustrious history.  As a machine, the Maybach was a good piece of engineering and though visually undistinguished, the designers really can't be blamed; wind tunnels are dictatorial.  As a label vis-à-vis Mercedes-Benz however, it represented a misunderstanding of the market by those who purported to be experts in such things.  Mercedes-Benz is still recovering from the damage done by the MBAs.

Lindsay Lohan in sweater with her own visage emblazoned in sequins, created by UK fashion label Ashish, London 2014.

Wednesday, August 24, 2022

Crisp

Crisp (pronounced krisp)

(1) Hard but easily breakable; brittle (applied especially to food).

(2) Firm and fresh; not soft or wilted (applied especially to food).

(3) Brisk; sharp; clear; decided (applied often to the delivery of words).

(4) Lively; pithy; sparkling.

(5) Clean-cut, neat, and well-pressed; well-groomed.

(6) Invigorating; bracing (usually of the air).

(7) Crinkled, wrinkled, or rippled, as skin or hair.

(8) A snack food, made usually from thinly sliced potato (called chips in some markets).

(9) In cooking, a dessert of fruit, as apples or apricots, baked with a crunchy mixture, usually of breadcrumbs, chopped nutmeats, butter, and brown sugar.

(10) In computing theory, not using fuzzy logic; based on a binary distinction between true and false.

(11) In wine criticism, having a refreshing amount of acidity; having less acidity than green wine, but more than a flabby one.

Pre 900: From the Middle English crisp (curly), from the Old English crisp (curly, crimped, wavy" (of hair, wool etc)), from the Latin crispus (curled, uneven, wrinkled; having curly hair); a doublet of crêpe, crispus was from the primitive Indo-European sker- & ker- (to turn, bend) and cognate with crīnis & crista.  The Old French crespir is related but the English forms came via Latin.  Crisp is a noun, verb & adjective, crisply is an adverb, crisper & crispest are adjectives, crisped & crisping are verbs and crispness & crispation ((1) The act or process of curling, or the state of being curled or (2) a slight twitch of a muscle (both archaic)) are nouns.

The sense of "brittle" may have run in parallel with other meanings but wasn’t recorded until the 1520s and didn’t become a commonly used form until the early nineteenth century, the reason for the sixteenth century evolution unknown but presumably based on the characteristics assumed by certain foods when cooked.  The figurative use to describe something (usually someone) having a "neat, brisk, having a fresh appearance" dates from 1814 and the use to speak of air as “chilly or bracing" apparently didn’t appear until 1869, perhaps surprising give the way earlier romantic poets trawled the language for adjectives.  As a noun, crisp was used from the mid-fourteenth century, originally the name of a light, crinkly material formerly used for kerchiefs, veils etc and a few decades later it was applied to a kind of pastry and by the 1820s, it was a common form of speech by cooks (often a jocular euphemism for "burned to a crisp") to describe anything over-cooked.  Potato crisps, although recipes were circulating in the US as early as 1824, first went on sale in 1897, marketed simply as crisps by 1935 although, in the US, crisps began in 1903 to be used in trade names of breakfast cereals.  The verb crisp (to curl, to twist into short, stiff waves or ringlets (of the hair, beard, mane etc)) was a late fourteenth century derivation from either the adjective or else from the Old French crespir or the Latin crispare, both forms from adjectives.  It was use to mean "to become brittle" after 1805.  The adjective crispy dates from the late fourteenth century in the sense of "curly" and from the 1610s it could also mean "brittle".

Crisps, chips and freedom fries

Smith's "limited edition" Lamington chips, 2020.  The market reaction ensured the edition stayed limited.

The English call them crisps which Australians and New Zealanders once also did but the colonies have long instead called them chips.  They’re called chips also in the US and Canada where it makes sense because what the English call chips, they call French fries which, in the antipodes are called chips.  Despite Australians calling both French fries and crisps “chips”, folk seem not confused, life going on as people adjusting as circumstances dictate.  In Australia, as late as 2003, Smiths still called their chips “crisps” but, bowing to the vernacular, they changed and they’re now definitively “chips”.

About the only place where the names of fried potato snacks proved linguistically controversial was the US when, in the run-up to 2003 invasion of Iraq, after finding the French support for the action insufficiently enthusiastic, the chairman of the committee in charge of operations in the Capitol complex ordered the word "French" removed from all menus, French fries becoming freedom fries and French toast, freedom toast.  It was an echo of one of Washington’s earlier linguistic assaults when, upon the entry of the US to the war in 1917 (which was the act which saw it in 1919 named The World War), German measles had been dubbed liberty measles, hamburgers had become liberty steaks and sauerkraut, liberty cabbage.  Then, even German shepherd dogs had been thought subversive and thus re-named Alsatians although there's no record of the Bush White House taking action against French poodles.  From the Quay d'Orsay, the French Foreign Ministry seemed unimpressed, noting they weren’t devoting much attention to potatoes and that French fries were anyway invented in Belgium in the seventeenth century.  In Washington DC, quietly in 2006 the name changes were reversed.

Stocking up on chips: Lindsay Lohan buying Doritos Nacho Cheese chips and other essential groceries, Los Angeles, 2008.  It's not known if her fondness for Doritos (Doritos the singular, plural and collective form, a single chip being "a Doritos chip") was formed or strengthened by them being on the product-placement list for Mean Girls (2004).

Stocking up on crisps: Lindsay Lohan with former special friend, Samantha Ronson, London, 2008.

Technically and legally, Pringles are not potato chips.  In the snack business the Pringle is a curious outlier because although it looks like a potato chip and most consumers probably think of it as one, the word "chip" appears nowhere on the product packaging or the marketing material.  The company used to use the word but, because Pringles are actually dehydrated potato flakes pressed into their distinctive parabolic shape rather than thin slices of potato, other manufacturers objected and the US Food & Drug Administration (FDA) agreed, ruling they couldn't be described as "chips".  Procter & Gamble (which then produced Pringles) thought about it and eventually settled on "potato crisp", a label which was continued when in 2012 the brand was sold to the Kellogg Company.  Introduced in 1968, Pringles are popular with many because they are less greasy than the traditional potato chip (or crisp in some markets).  They're produced by combining dehydrated potato flakes with a mix of corn flour, wheat starch & rice flour to which is added a blend of vegetable oils, seasonings, and additives to form a dough which is rolled into thin sheets and cut into the signature shape.  The cut forms are then fried and coated with a layer of seasoning before being packaged in the famous tubular canister.

Tuesday, August 23, 2022

Apparatus

Apparatus (pronounced ap-uh-rat-uhs (U) or ap-uh-rey-tuhs (non-U))

(1) A group or combination of instruments, machinery, tools, materials, etc, having a particular function or intended for a specific use:

(2) Any complex instrument or mechanism for a particular purpose.

(3) Any system or systematic organization of activities, functions, processes, etc, directed toward a specific goal; applied especially to government and state control to describe systems and bureaucratic organizations, especially those influenced by political patronage

(4) In physiology, a group of structurally different organs working together in the performance of a particular function:

1620–1630: From the Middle English apparatus (a collection of tools, utensils, etc. adapted as a means to some end), from the Latin apparātus (tools, implements, equipment, originally the act of equipping, preparation), noun of state from the past participle stem of apparāre.  The construct was apparā(re) (to prepare) (ap- the prefix usually found on verbs (and their derived nouns or adjectives) with the meaning “around” or “about”) + parāre (prepare) + -tus (the suffix of verb action)).  The Latin apparātus was the perfect passive participle of apparō (prepare) from ad- (to, towards, at) + parō (prepare, provide) from the primitive Indo-European root pere- (to produce, procure").

The two noun plurals apparatus & apparatuses are both correct although the invariant plural, maintaining the Latin inflection in English on a loanword basis, is less commonly used.  However, because the word also has a mass noun sense in English and it often appears in such a way that its number (singular or plural) is disguised by absence of any inflectional or lexical signals as to which of these two senses is intended, readers may parse it in either sense.  Usually, this creates only a slight ambiguity which affects meaning not at all and is significant only in technical matters such as complex devices where the distinction between single and multiple machines needs to be clear.

Lindsay Lohan inspecting a specific-purpose apparatus in Labor Pains (2009).

In the construction of bras, the most obvious specialized cup is that used with nursing bras which feature an arrangement whereby most of the cup’s fabric can be semi-separated from the superstructure, enabling breast-feeding without the need to remove the whole garment.  English borrowed the word brassiere from the French brassière, from the Old French braciere (which was originally a lining fitted inside armor which protected the arm, only later becoming a garment), from the Old French brace (arm) although by then it described a chemise (a kind of undershirt) but in the US, brassiere was used from 1893 when the first bras were advertised and from there, use spread.  The three syllables were just too much to survive the onslaught of modernity and the truncated “bra” soon prevailed, being the standard form throughout the English-speaking world by the early 1930s.  Curiously, in French, a bra is a soutien-gorge which translates literally and hardly romantically as "throat-supporter" although the scarcely more attractive "chest uplifter" is a better translation.  The etymological origin of the modern "bra" lying in a single garment is the reason one buys "a bra" in the same department store from which one might purchase "a pair of sunglasses".

Among bra manufacturers, there are different implementations by which the functionality of a nursing bra's apparatus is achieved but it’s not clear if chest-feeders (the preferred term among the woke to describe those who used to be called “breast-feeding women”) find one approach preferable or if some suit some more than others; it may simply be that for manufacturers the production-line rationalization achieved by being able to adapt the specialized cups to the structures used for conventional bras are compelling, dictating the choice.  Chest-feeders presumably use whichever is most convenient and it may be a choice of some significance given how often heard is the complaint the process is “tiring”.  To those who will never chest-feed it sounds more a pleasant and diverting relaxation than anything tiring but they all say it so it must be true.

Of and by the structure

French Marxist philosopher Louis Althusser (1918–1990) published his essay Idéologie et appareils idéologiques d'État (Ideology and Ideological State Apparatuses) in 1970.  Fleshing out his earlier "theory of ideology", it was a description of the particular form of state superstructure adopted under post-war capitalism to control the social formation required continuously and perpetually to maintain the productive forces (labour and the means of production & distribution).  Essentially an account of how a human being becomes a self-conscious subject, the work analysed the necessary relationship between state and subject a given economic mode of production might subsist.  It included not only an analysis of the state and its legal and educational systems but also of the psychological relationship which existed between subject and state as ideology.  Althusser held that regimes were able to maintain control by reproducing subjects who believe that their position within the social structure was a natural one, the ideology being one’s function with the apparatus was part of the way the world must function.  The ideology was instantiated by institutions or “ideological state apparatuses” like family, schools and churches which provided developing subject with categories in which they could recognize themselves.

Althusser, in good Marxist tradition, didn’t suggest the imperative was to replace the ideological state apparatuses as a structure but rather that its underlying ideology should be supplanted so that rather than being productive of the bourgeois subject, it became productive of proletarian or communist subjects.  In the half-century since he wrote, there’s been no indication of that happening but the durability of an apparatus can’t easily be predicted on the basis of perception.  When the revolutions of the Arab Spring flared in 2011, it was entirely predictable the state apparatuses in Libya and Egypt would suppress the threat while the weaker, more disparate, Syrian model was vulnerable yet it was Muammar Gaddafi (circa 1942–2011; ruler of Libya 1969-2011) and Hosni Mubarak (1928–2020; president of Egypt 1981-2011) who were overthrown while Bashar al-Assad (b 1965; ophthalmologist and president of Syria since 2000) sits still in in his palace in Damascus.

The idea of the state (corporatist, autocratic, totalitarian or democratic) as an apparatus is neither recent nor controversial and nor is the notion that the mechanism is more typically a number of apparatus which function sometimes in unison, sometimes separately and sometimes in opposition, these occasionally contradictory dynamics able simultaneously to interact.  For those interested in a case study of one famously apparatus-ridden apparatus, Albert Speer's (1905-1981; minister for armaments in the Third Reich 1942-1945) last published work (Infiltration (1981)), although at time turgid and never lively in style, is a valuable account of the actual workings of what was, even in the post-war decades, still often characterized as an efficient administrative unit.  Although some suggested Infiltration was a study of the way the SS (Schutzstaffel (Protection Squadron)), which began as the Führer's small personal bodyguard and evolved into a vast economic, industrial and military apparatus more than two million strong became a kind of "state within a state", while that was the organization's objective (the apparatuses of the Nazi Party, the German state and the SS engaged in a permanent struggle for dominance), the book's alternative title in some markets (The Slave State: Heinrich Himmler's Masterplan for SS Supremacy) is a more accurate precis.  Infiltration is an account of the endless quarrels among contenders for power and rival bureaucracies in the Third Reich, a tale of scheming and plotting, not against the designated national enemy but against one another in the ever shifting battle for for power and influence.  In the wartime UK & US, the prime-minister & president were more effective dictators than ever was the Führer.

Whatever his other gifts (and whether as architect or administrator opinion remains divided), Speer was no great stylist of prose and the reputation his earlier volumes gained for lucidity owe much to the professional journalist who was his editor.  Speer wrote Infiltration unaided unaided and it's no place to start for anyone who wishes to explore the Third Reich but for those familiar with the history, it's an invaluable source and in some aspect, the ultimate cross-reference book.  Certainly, there's never been penned a better portrait of SS leader Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945) and while such a bloodless bureaucrat can never be made to seem anything like a vivid personality, Speer does capture much missed by many.


Trailer of Labor Pains (2009), dubbed in German.

Monday, August 22, 2022

Pleonasm & Tautology

Pleonasm (pronounced plee-uh-naz-uhm)

(1) In rhetoric, the use of more words than are necessary to express an idea; a redundancy in wording.

(2) An instance of this, as free gift or true fact.

(3) Any redundant word or expression.

(4) In a variety of disciplines, an excess in the number or size of parts (now rare except in pathology).

1580–1590: A learned borrowing from the French pléonasme, from the Late Latin pleonasmus, from the Ancient Greek πλεονασμός (pleonasmós) (redundancy, surplus), from πλεονάζω (pleonázō) (to be superfluous), from pleonázein (to be or have more than enough (in grammatical use "superfluously to add”)), a combining form of πλείων (pleíōn) (more), from the primitive Indo-European root pele- (to fill).  The adjective pleonastic (characterized by pleonasm, redundant in language, using more words than are necessary to express an idea) dates from 1778 although sources list the related pleonastical as being in use since the 1650s.  Pleonasm is a noun, pleonastic and pleonasmic are adjectives and pleonastically & pleonasmically are adverbs; the noun plural is pleonasms.  Despite the modern practice, verb forms seem never to have evolved.

Tautology (pronounced taw-tol-uh-jee)

(1) The needless repetition of an idea, especially in words other than those of the immediate context, without imparting additional force or clarity of meaning.

(2) In formal logic, as a logical tautology, something true under any possible case or interpretation; it differs from the linguistic form in that in propositional logic it’s a compound propositional form in which all instances simultaneously are true.

(3) In pathology, an excess in the number or size of parts (archaic).

(4) In engineering, the addition of a strengthening device to a design in which all calculations prove it unnecessary.  By convention tautology is applied to small-scale instances whereas a redundancy tends to be larger, extending even to duplicated systems.

1570–1580: From the Late Latin tautologia (representation of the same thing in other words), from the Ancient Greek τατολογία (tautología from tautologos) (a repetition of something already said (the word originally from rhetoric)), the construct being τατός (tautós) (the same) + λόγος (lógos) (saying; explanation), related to legein (to say), from the primitive Indo-European root leg- (to collect, gather).  The modern version is tauto- + -logy.  The origin in English of the -logy suffix lies with loanwords from the Ancient Greek, usually via Latin and French, where the suffix (-λογία) is an integral part of the word loaned (eg astrology from astrologia) since the sixteenth century.  French picked up -logie from the Latin -logia, from the Ancient Greek -λογία (-logía).  Within Greek, the suffix is an -ία (-ía) abstract from λόγος (lógos) (account, explanation, narrative), and that a verbal noun from λέγω (légō) (I say, speak, converse, tell a story).  In English the suffix became extraordinarily productive, used notably to form names of sciences or disciplines of study, analogous to the names traditionally borrowed from the Latin (eg astrology from astrologia; geology from geologia) and by the late eighteenth century, the practice (despite the disapproval of the pedants) extended to terms with no connection to Greek or Latin such as those building on French or German bases (eg insectology (1766) after the French insectologie; terminology (1801) after the German Terminologie).  Within a few decades of the intrusion of modern languages, combinations emerged using English terms (eg undergroundology (1820); hatology (1837)).  In this evolution, the development may be though similar to the latter-day proliferation of “-isms” (fascism; feminism etc).  Tautology, tautologism & tautologist are nouns, tautologize is a verb, tautologically & tautologously are adverbs and tautological, tautologic & tautologous are adjectives; the noun plural is tautologies.

A tautology is the unnecessary repetition (often in close proximity) of an idea, statement, or word in circumstances in which the meaning has already been expressed.  In the expression 4 am in the morning”, the tautology is created by morning because am (an abbreviation of the Latin ante meridiem (before noon) has already established an unambiguous meaning.  For technical reasons however the odd tautology may be required, 4 am in the morning once used for the lyrics of a pop song because, were either of the tautological elements to be removed, the rhythm of the tune would be lost.  In the same manner a poet might be moved (poets are often moved) to write of the dawn’s sunrise and that’s one word too many but the tautology might be justified if it adds to the lyrical quality (something not guaranteed in poetry).  Tautologies seem sometimes to be used to add emphasis or strengthen a meaning and thus function adjectivally.  To say completely and totally beyond my comprehension and understanding technically loses nothing if either of the two tautological pairs are pared down but the practice is common as a rhetorical device and probably often effective as long as the wordiness is restricted to the odd flourish and doesn’t infect the rest of the speech.  A device of oral use therefore but usually an absurdity in writing.

Tautologies abound but those who condemn need to consider the context and history.  The phrase PIN number has long been ubiquitous and sounds right but seems wrong once deconstructed: undo the acronym and it becomes personal identification number number; what has happened is either PIN has become a word or PIN number an encapsulated phrase.  Democratic English resolves the argument in the usual manner: pedants can have their PINs while the rest of us use pin numbers.  In commerce, tautologies are often part of what the law describes as “mere puffery”.  A phrase like absolutely unique and a one-off, something of a favorite of antique dealers, is not only a tautology but not infrequently also an untruth but in the business such things are understood.  Forgivable then in a way that the linguistic sin very unique is not often tolerated by the fastidious although strangely, quite unique seems to be, presumably because it’s a more elegant construction.

Pleonasm refers to overabundance, and is mow rarely used outside of the medical context in which it describes aspects of tissue growth.  A linguistic pleonasm is usually identified as a phrase with more words than necessary, often by being repetitive or having empty or clichéd words, but is not necessarily wrong or confusing.  At the margins the difference between tautology and pleonasm does get ragged and not all dictionaries and style guides agree.  The Oxford English Dictionary (OED) indicates the difference seems to be between redundancy of expression and repetition and as a general principle that’s probably helpful, if not exhaustive.  One suggestion of a method to define a tautology is to substitute an antonym for one of the allegedly offending elements.  That works well if it creates contradictions in terms like 4 pm in the morning or the dawn’s sunset but doesn’t resolve everything.  A pleasurable delight seems a pleonasm because it uses unnecessary words to make the point and, under the test, a tautology because there are presumably no un-pleasurable delights although even then there are nuances because the rare delicacy most would enjoy as a delight might to someone with a specific allergy be not at all enjoyable.

Actually, biological reactions aside, something most would not find a delight can to others be entirely that.  In Freudian psychoanalysis, Lustprinzip (the pleasure principle) describes the driving force of the id: the human instinct to seek pleasure and avoid pain.  However, the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders notes the existence of masochism in various forms which involve pleasure being gained from pain.  Thus the connotations of words are a subjective and not objective test for there are those for whom pleasurable pain needs to be distinguished from un-pleasurable pain, the latter a mere tautology to most.  Sexual masochism disorder (SMD) had an interesting history in the DSM.  It wasn’t in the first edition (DSM-1, 1952) but in the second edition (DSM-II 1968) the only mention of masochism was in the categorization of sexual deviations, then defined as applying to those individuals for who sexual interest was directed primarily towards objects other than people of the opposite sex, toward sexual acts not usually associated with coitus, or toward coitus performed under bizarre circumstances as in necrophilia, pedophilia, sexual sadism, and fetishism.  It was noted that while many patients found their practices distasteful, they were unable to substitute normal sexual behavior and the diagnostic criteria was also exclusionary, noting the diagnosis was not appropriate for individuals who perform deviant sexual acts because normal sexual objects are not available to them.  This changed little in the third & fourth editions issued between 1980-2000 which refined the technical description and diagnostic criteria.  In the fifth editions (2013-2022), while classified as one of the paraphilias (algolagnic disorders) and thus "anomalous activity preferences", clinicians were advised a formal diagnosis of SMD was appropriate only if individual experiences clinically significant distress or impairment in social, occupational, or other important areas of functioning.  By 2013 the DSM seemed to be back where Freud had started.

A mammary pleonasm (or tautology depending on one's view): Jasmine Tridevil during addition and the final result.

Pleonasm should not be confused with pleomastia (now largely supplanted by polymastia in clinical use) which is the condition of having more than two mammary glands (breasts) or nipples.  It’s a rare condition which doesn’t present in the geometrically perfect example presented in 2014 by Jasmine Tridevil, the stage name of Florida massage therapist Alisha Jasmine Hessler (b 1993).  Ms Tridevil initially claimed to have had the central unit implanted by a plastic surgeon but later admitted it was a construction made substantially of latex and silicone, attached to her with surgical glue, helpfully providing photographs of the maintenance being undertaken.  However, encouraged by enjoying more than fifteen minutes of fame, in 2019 Ms Tridevil sought to crowdfund the money (apparently US$50-000) needed actually to have the surgery performed.  Progress on this project hasn’t been reported but Ms Tridevil has maintained her presence on a number of internet platforms including vlogs on topics as varied as "How to dominate your boyfriend" and “My gothic Christmas tree”.

The offence caused by unnecessary words is such that not only do tautology and pleonasm exist but for serious critics there’s also auxesis (from the Ancient Greek: αξησις (aúxēsis) (growth; increase (which in rhetoric references various forms of increase)) and describes exaggerated language, battology (from the Ancient Greek βαττολογία (battología) (stammering speech)) which is the repeated reiteration of the same words, phrases, or ideas and perissology (from the Latin perissologia) which is the use of more words than are necessary to convey meaning.  At the margins, there’s often a bit of overlap so care need to be taken that one’s critique of a redundant (and all the constructions are really forks of that) word or phrase doesn’t itself commit the same offence.  Grammar Nazis of course delight in faulting others when they use a tautology, some particularly pedantic even correcting other obsessives who might wrongly have tagged a tautology when really they should have perceived a pleonasm.

Sunday, August 21, 2022

Lien

Lien (pronounced leen or lee-uhn)

(1) In law, the legal claim of one person upon the property of another person to secure the payment of a debt or satisfaction of an obligation; a right to retain possession of another's property pending discharge of a debt.

(2) In anatomy, a tendon (obsolete).

(3) An alternative form of lain (archaic, used in early translations of the Bible).

1525–1535: An Anglo-French borrowing from the Old French from the Latin ligāmen (bond; tie; bandage) from ligāre (to bind) and ligō (tie, bind), the construct being ligā(re) (to tie) + -men (the Latin noun suffix).  The Latin liēn (spleen) was borrowed by late medieval anatomists as a descriptor of tendons but is long obsolete.  The associated words used in this context include claim, charge, right, encumbrance, mortgage, incumbrance and hypothecation but not all translate literally (or by implication) between legal systems or jurisdictions.  Lien is a noun & verb and lienal & lienable are adjectives; the noun plural is liens.  Lien’s use as an alternative form of lain is a historic relic, now best-known from its use (with variation in spelling) in the King James Version of the Bible (KJV, 1611):

And Abimelech said, What is this thou hast done vnto vs? one of the people might lightly haue lien with thy wife, and thou shouldest haue brought guiltinesse vpon vs.  (Genesis 26:10)

And the Priest shall charge her by an othe, and say vnto the woman, If no man haue lyen with thee, and if thou hast not gone aside to vncleannesse with another in stead of thy husband, be thou free from this bitter water that causeth the curse.  (Numbers 5:19)

The lien at common law, equity and admiralty law

At common law, a lien was a right to retain property in one’s possession until payment was made.  That basic right has in many jurisdictions since been modified but the principle remains of a security interest granted over physical property to secure the payment of a debt or discharge of some other obligation.  Historically, the owner of the property (grantee of the lien) was the lienee and the lien holder the lienor but, in modern use, these terms are less used.  An equitable lien differs from a common law lien in that the former depended on actual possession of physical property and conferred a right to retain the good(s) until payment, whereas an equitable lien existed regardless of the state of possession, conferring on the holder the right to seek judicial redress in the absence of payment.  Legal scholars have long treated equitable liens as a strange collective of property rights, considering them generally as sui generis (special; different; literally “of its own kind or class”.)

Equitable liens came to be created for same reason that much equity law developed: application of the rigid rules of common law, in certain situations, could give rise to injustice.  A common-law lien (1) confers only a right to retain physical property, (2) cannot be transferred, (3) cannot be asserted by third parties to whom possession of the property has been extended to pay or undertake whatever the original party should have performed and (4), if the property is handed to the lienor, the lien is for all time sundered.  In Hewett v Court (1983) 149 CLR 639, the High Court of Australia (HCA) defined the essential characteristics of an equitable lien.  It (1) arises by operation of law so as to do justice between parties by adjusting their mutual rights and interests, (2) is not contingent on any contractual right or interest, or by reason of possession of the property, (3) becomes apparent from the relationship between the parties, (4) constitutes an equitable charge over the property and (5), creates a right to obtain an order for payment.

The quirkiest flavor is the maritime lien (sometimes known as tacit hypothecation), a peculiarity of admiralty law.  It is a lien over a vessel, granted to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use.  Something of an aquatic hybrid, it creates upon ships, security interests of a nature otherwise unknown to common law or equity, something explained by ships being (1) big, (2) expensive and (3) able to move from one jurisdiction to another.  The concept of a maritime lien is similar to that which can be imposed on any other real property in that it allows for a vessel to be seized if the relevant debt remains unpaid at the effective date.  So, were the purchaser of a vessel to fail to pay (or cease making payments as required by the contract of sale), the vessel may be seized by the authorities and depending on the jurisdiction, there can be other mechanisms such as is often the case in the US where if the contract of sale wasn’t executed using the device of a PSM (preferred ship mortgage), the lien can be granted without consent (ie it’s invoked automatically).

She can be arrested.

As a general principle, a maritime lien can be placed on any vessel still “in navigation”. Quite when a vessel can be considered “in navigation” or not is usually uncontroversial but courts have had sometimes been required to rule on the matter, often in personal injury cases.  The simple explanation is that a vessel is regarded as “in navigation” if it’s fit to operate; that means it could (physically and legally) be used on the waters as intended, not that it’s necessarily “being navigated” on a waterway”.  A vessel undergoing minor repairs would in many circumstances be judged capable of operating (even if it’s been static for some time) whereas one only partially constructed or undergoing a large-scale overhaul would not.  Counterintuitively, a vessel in a shipyard’s dry dock (ie not even “in the water”) can be held to be “in navigation” if found to be still “fit to sail”, the courts deciding each case on its merits, considering factors such as the duration, cost and nature of maintenance being performed and whether the vessel’s master or owner had taken any steps consistent with the vessel’s status being “out of service”.

It can also be arrested.

However, a maritime lien taken against a PSM must be recorded and in that it’s a unique type and in most jurisdictions the filing is with a central repository such as a maritime registry or its associated documentation centre.  Once registered in the correct form, the lien becomes valid and enforceable.  All other maritime liens come as a result of actions pursuant to contracts or in tort and these can cover just about anything transactional (unpaid freight or harbor charges, damages caused by the vessel (pollution, collisions with other vessels or shore facilities, loading or unloading events etc), unpaid wages, breach of charter, personal injury etc.  What makes a lien under admiralty law very different is in the mechanism of enforcement which can involve a court issuing an arrest warrant for the vessel, enabling seizure by the authorities.  This differs from a lien taken over a skyscraper which can be subject to many things if a lien is enforced but not arrest.  The reason for the difference is a skyscraper can’t sail out of a jurisdiction and the act of arrest is thus redundant.  In the same way a corporation can, as a “legal fiction” be thought a “person”, so can a ship be “arrested”.  Like a lien upon landed structures, in legal theory size doesn’t matter and a court can order the arrest of the smallest dinghy but the orders are usually made against vessels of high-value.