Sunday, April 9, 2023

Appurtenance

Appurtenance (pronounced uh-pur-tn-uhns)

(1) Something subordinate to another, more important thing; adjunct; accessory.

(2) In property law, a minor right, interest or privilege, or improvement belonging to and passing with a principal property upon transfer of title.

(3) The apparatus or instruments of a trade, art or profession.

(4) In classical grammar, a modifier that is appended or prepended to another word to coin a new word that expresses belonging (obscure to the point it's used in this context only between consenting grammar Nazis).

1350-1400: From the Middle English appurtenance, from the Anglo-Norman appurtenance (right, privilege or possession subsidiary to a principal one (especially in law); a right, privilege, or "an improvement belonging to a property), from the twelfth century Old French apartenance & apertenance; present participle of apartenir (be related to), from the Late Latin appertinere (to pertain to, belong to), the construct being ad (to) + pertinere (belong; be the right of (and related to the Modern English pertain)), the ultimate root the Latin appertineō (I belong, I appertain).  In the late fourteenth century (in the plural appurtenances) it acquired the meaning "apparatus, gear; tools of the trade", used in the sense now "kit" is often applied.  The adjective appurtenant emerged also in the late fourteenth century in the sense of "belonging, incident, or pertaining to", from the Anglo-French apurtenant, from the Old French apartenant & apertenant, present participle of apartenir (be related to).  Appurtenance is a noun and appurtenant is a noun & adjective; the noun plural is appurtenances.

Even in the twenty-first century, the matter of what is or is not appurtenant to a property can end up in court.  Typically the cases involve certain things being removed from the property after the agreement to purchase was executed.  The case law on these matters document where sellers have removed things like rose bushes, curtains, a decorative letter-box, garden gnomes and wall-hung ceramic ducks.

There’s long been general understanding about the general meaning of appurtenance but, at the margins, there are always lawyers prepared to test the waters.  In Attorney General of Canada v Western Higbie ([1945] Supreme Court of Canada 385), Thibaudeau Rinfret (1879–1962; Chief Justice of Canada 1944-1954) proposed as a definition: “Things belonging to another thing as principal, and which pass as incident to the principal thing.”  The effect he suggested, world beIn general everything which is appendant or appurtenant to land will pass by any conveyance of the land itself, without being specified, and even without the use of the ordinary form with the appurtenances at the end of the description."  Rinfert CJ appeared to suggest the appendix of appurtenances appended usually to the form of transfer either need not exist or need not be wholly inclusive, the implication being it could be used as a place to list those items not thought appurtenances, although, given even his helpful definition didn’t descend to specifics, lengthy appendices might still be expected.

Lindsay Lohan photographed by Life & Style magazine "at home" during one of her court-ordered stays "at home", June 2011.

In this photograph, of that which is "easily" removable, probably only the downlight, stair-rail and electrical switches would be thought appurtenant to the property whereas the the painting, furniture & items on the shelves (as "mere chattels") would not.  Light-fittings are a good example of how the distinction is drawn.  As a general principle, a light fitting is appurtenant if permanently installed and "wired into" the property's wiring system while a free-standing lamp which plugs into a wall-socket is not.  However, disputes can arrive and courts have had to decide, on the facts of each case, if a chandelier is appurtenant.  They've had to adjudicate too in instances where a property is sold "fully furnished" and might thus be called upon to rule on something like the fruit bowl.  Few would doubt the fruit would not be covered by the doctrine but, depending on the circumstances, the fruit bowl might be found so; it would depend on the facts of the case (representations made; photographs or videos in which "fully-furnished" was mentioned etc).  However, the doctrine of appurtenance need not be absolute and is subject at contract to agreement between the parties.  Provided the usual rules of contract are followed, (certainty of terms, lack of coercion etc) either within the documents of sale or as a collateral contract, buyer & seller can agree to exclude items which would usually be held appurtenant or explicitly include "mere chattels" on that basis.  Properly constructed, courts will enforce such contracts.

Saturday, April 8, 2023

Cherry

Cherry (pronounced cher-ee)

(1) The fruit of any of various trees belonging to the genus Prunus, of the rose family, consisting of a pulpy, globular drupe enclosing a one-seeded smooth stone.

(2) The tree bearing such a fruit.

(3) The wood of such a tree.

(4) Used loosely, any of various fruits or plants resembling the cherry.

(5) A bright red color; cerise (often termed cherry red).

(6) In vulgar slang (1) the hymen & (2) a female state of virginity (as in “to pop her cherry”).

(7) Something new, unused or in immaculate condition.

(8) A novice; a neophyte.

(9) In underworld slang, a first offender.

(10) In ten-pin bowling, the striking down of only the forward pin or pins in attempting to make a spare.

(11) Of food and beverages, made with or containing cherries or cherry-like flavoring (cherry pie, cherry soda, cherry bomb, cherry cola, cherry brandy et al).

(12) Of furniture, timberwork etc, items made of or covered or decorated with a veneer of wood from the cherry tree.

(13) In graph theory, a sub-tree consisting of a node with exactly two leaves.

(14) In the slang of cricket, the ball (the traditional red variety used in first-class & test matches).

(15) In slang, the traditionally rounded, flashing red lights used on police cars, ambulances, fire engines etc.

(16) In slang, the burning tip of a cigarette (no rare).

1300–1350: From the Middle English chery, cherie, chirie & cheri, a back formation from the from Anglo-Norman cherise (a variant of chirie and mistakenly thought to be plural), from the Late Latin ceresium & cerasium, from the Latin cerasum, from the Ancient Greek κεράσιον (kerásion) (cherry fruit), from κερασός (kerasós) (bird; cherry), and perhaps ultimately of Anatolian origin (etymologists citing the intervocalic σ as a hint of a pre-Greek origin for the word and noting also that “…as the improved cherry came from the Pontos area... the name is probably Anatolian as well”.  The word cherry originates in the northern French dialect word cherise (a variant of the standard modern French cerise), which was adopted into English after the Norman Conquest of 1066.  Because it ended in an “s”, it was taken to be a plural form and so, as a back formation, the “singular” cherry was coined.  In Old English there had been ċiris & ċirse (cherry), from a West Germanic borrowing of the Vulgar Latin word (and cognate with German Kirsch which did survive), but it went extinct after the Norman invasion, supplanted by the French word.  Cherry is a noun & adjective and cherrier & cherriest are adjectives; the noun plural is cherries.

1955 Mercedes-Benz 300 SLR (Uhlenhaut) coupé.  This is "red" with cherry red trim.

The factory produced only two gullwing versions of the 300 SLR (technically the W196S) and neither were ever used in competition because of the race for which they were designed (the Carrera Panamericana) was cancelled in the moral panic which followed the 1955 Le Mans disaster and in the wake of that, Mercedes-Benz also withdrew from top-flight motorsport, not returning for decades.  The two were nicknamed “red” and “blue”, an allusion to the cherry red and Prussian blue interiors (the factory insists the colors are just “red” & “blue” but “cherry” seems right and few can resist "Prussian", even if the things were built in the south).  In 2022, the “cherry red” 300 SLR coupé was sold at private auction for €135 million (US$143 million), setting the mark as the most expensive car ever.

Always choose a dark cherry.

The color cherry red is not exactly defined and even a little misleading because it’s applied usually to bright shades which others might describe as blood red (also misleading) cardinal, carmine, carnation, cerise, crimson, fire engine red, flame, flamingo, fuchsia, geranium, pillar-box red, scarlet or other imaginative forms.  It’s misleading because the fruit comes in many shades of red from bright to a shade so dark they’re actually called “black cherries”.  It’s probably only on color charts the distinction matters but what one manufacturer calls “cherry red” might be very different from the products of others.  In cricket, some get it.  Prior to the 1970s, all cricket balls were red (there are now white ones & pink ones)so the slang “cherry” was common but the New Zealand fast bowler Sir Richard Hadlee (b 1951) wasn’t content with any ball, insisting that one of the secrets to his success was when offered a choice of cherries by the umpire was not to be bothered by details like the seam (which interested so many bowlers) but to always pick “a good dark one”.  He said the darker “cherries” could be made to move much more through the air.

Lindsay Lohan in cherry-themed outfit in Get a Clue (2002).

The meaning “maidenhead, virginity” was originally US slang and in use by 1928 but some doubt the story that the source was the supposed resemblance to the hymen and suggest it was an allusion to the long-established use of cherries as a symbol of the fleeting quality of life's pleasures (and “cherry” was English underworld slang for “lovely young girl”, documents since at least 1899.  Forms of alcohol include cherry brandy and the cherry-bounce, the popular name of a cordial made from fermented cherries and known in one form or another since the 1690s.  Forms of food include just about anything possible, most famously including cherry strudel, cherry pie, cherry duck etc.  In idiomatic use, there’s “bite of the cherry” (a chance; an attempt at something), “life isn’t a bowl of cherries” (one must be realistic about the vicissitudes one will encounter in life), the cherry nose (the red noses of those too fond of strong drink), cherry on the cake (the same meaning as “icing on the cake”, (something that intensifies the appreciation of something already good), cherry-popping (to deflower a virgin), “cherry-pop” (a sweet, red-colored cordial) and to “cherry pick”(selfishly to select only the very best of something), a pejorative figurative sense dating from 1959 and based on a machine: the literal “cherry-picker” the name given to crane with a bucket for raising and lowering persons (for purposes such as pick cherries from a tree) although earlier it had been used in railroad maintenance.

Black Cherry Strudel

To ensure the finest product, pâtissiers often insist on using only fresh fruit but canned or frozen black cherries work equally well in strudels and can be much easier to work with because there’s no need to macerate the fruit which may instead immediately be cooked.  This recipe can also be used with sour cherries in which case the lemon juice is omitted in favor of 150 g (¾ cup) of sugar.  It can be served warm or cold according to preference and the variations are many; the cranberries and almonds can be replaced with other dried fruits and nuts and there are the purists who insist on nothing but black cherries (although a few do add apricot brandy).  Traditionally, it’s served with a dollop of thickened cream.

Ingredients

800 g (3½ cups) fresh black cherries, cleaned and pitted
100 g (½ cup) granulated sugar
3 tablespoons cornstarch
1 teaspoon vanilla extract
A dash of cinnamon
Juice and zest of 1 organic, un-waxed, scrubbed lemon
60 g (½ cup) dried cranberries
50 g (½ cup) slivered almonds
6 large sheets strudel or filo pastry
1 egg whisked with 1 tablespoon milk or water for brushing
Icing sugar for dusting

Instructions

Preparation: Preheat oven to 200°C (400°F).  Line a baking tray (or sheet) with baking (parchment) paper.

Cook cherry filling: In a small bowl, whisk together 3 tablespoons of sugar and cornstarch until no lumps of cornstarch remain.  Add the cherries and the remaining sugar into another bowl and allow them to let macerate for an hour (it will take this long for the sugar to draw some liquid from the fruit).  Add the cherries, cranberries, almonds, cornstarch mixture, vanilla extract, cinnamon, lemon zest and juice into a saucepan and simmer over medium-high heat until the mixture starts to thicken, which should take 7 to 10 minutes.  Set the mix aside to cool to room temperature.

Roll strudel (pastry): Place the sheets of strudel or filo pastry on a clean, dry tea-towel (one with some embossing does make rolling easier).  Arrange the cherry filling lengthwise on the pastry leaving a 25 mm (1 inch) border along bottom and sides and then fold in the edges.  Use the tea-towel to lift and roll the pastry tightly, enclosing all the filling.  Tuck the ends in and transfer the strudel seam-side down onto the prepared baking tray.  If using filo pastry, brush each sheet with melted butter to prevent it drying out during the cooking.

Bake strudel:  Brush the top of the strudel with egg wash and bake for 25-35 minutes, until the pastry has become golden brown and obviously flaky.  Slice the strudel while still warm and dust with icing sugar; it’s traditionally served with custard, ice cream or a dollop of thickened cream.

Biodata

Biodata (pronounced by-oh-dar-tah)

(1) A type of resume or curriculum vitae, regarding an individual's education and work history, especially in the context of a selection process.

(2) An semi-standardized document created to list the salient features of those in the Hindu marriage market.

1950s: A compound word, the construct being bio(graphical) + data.  Bio is from the Ancient Greek βίο (bío), combining form and stem of βίος (bios) (life).  Data is borrowed from the Latin data, nominative plural of datum (that is given), neuter past participle of (I give) and the doublet of date.  In English use, data is frequently used as both a singular & plural, datum now restricted almost entirely to technical writing by those for whom the distinction (or who fear being shamed by fastidious colleagues) matters although pedants do delight is pointing out what they insist remains an error.  This looseness isn't anything new; by the 1640s data meant "a fact given or granted" an organic evolution from the original use in Latin when it conveyed the sense of "a fact given as the basis for calculation in mathematical problems" and the connection with numbers has in the twentieth century become stronger.  In the early 1900s the predominant meaning was "numerical facts collected for future reference" and the meaning "transmittable and storable information by which computer operations are performed" seems first to have been documented in 1946.  Probably few words have been so associated as data & computers: Data-processing is from 1954 (although for years the industry seemed unable to decide if it was electronic data processing (EDP) or just data processing (DP) and the database (also as data-base) (a "structured collection of data stored in a manner it can be retrieved, analysed & and manipulated using a computer" was first described in 1958.  The data-entry operator (a person who transcribes data from physical sources (usually paper) into a computer, usually via keyboard entry) was distinct segment of the labor market by 1969 but was effectively extinct within less than two generations, a victim of technological advances.  Biodata is a noun; there is no accepted word biodatum and the plural of biodata is biodatas.

From HR to the marriage market

Biodata began life as part of the jargon of US industrial and organizational psychology.  To the HR professionals, it was a way of standardising the biographical data submitted in CVs but, being standardised, the information was inherently structured and thus suitable for storage and analysis, something which became increasingly interesting as big-machine databases became ubiquitous in corporations.  As early as the 1960s, corporate HR operations began applying the analytical techniques of psychology and criminology to their structured biodata sets, the predictive ability of the methods based on the axiom that past behavior is the best predictor of future behavior.  While crunching biodata does not predict all future behaviors, it does produce an indicative number, a measure of that to which future behaviors should tend.  Although claimed to be value-free, based as it is on the factual, not introspection and subjective judgements, biodata analysis has attracted criticism because of the bias inherent in the data chosen.

Extract from Lindsay Lohan's biodata.

Sample biodata for young lady from the Rajput caste.

In the twenty-first century, as the internet reached critical-mass in South Asian countries where the arranged marriage remains culturally embedded, biodata quickly became the preferred term to describe the résumé parents submit to other parents to permit unsuitable boys and girls to be culled from the list of prospective suitors.  Now often done through marriage sites (a specialised type of social media), the biodata typically includes such information as caste, education, work history, financial status, family background, height, weight, skin-tone and a photo.  However, although many sites offer structured templates, there's much variation although it's not clear whether there's any tendency towards a consistency of layout or content based on caste, geographical origin or anything else.  One thing that hasn't changed is that biodata documents are still formatted in a way inherently suited to the printed A4 page, though to reflect the cultural preference of parents.  Despite the mobile device use being high even among the older demographic in South Asia, when culling potential suitors, the big space of the A4 page seems still preferable to the small screen.

A cultural phenomenon which would be understood by structural functionalists is that despite the caste discrimination being outlawed in India for over seventy years, caste status and preferences remain frequently included in the biodata on Indian marriage sites.  Caste discrimination and untouchability were officially abolished in India with the adoption of the Constitution of India Act (26 January 1950), article 15 prohibiting discrimination on the basis of religion, race, caste, sex or place of birth.  Building on this, the (Congress) government of India passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (1989), which provided additional protections for Dalits (formerly known as untouchables) and other marginalized groups. Despite this seventy-odd year tradition of structural equality, caste discrimination persists in India (as it does to some degree in probably every culture) and remains a significant element in biodata .   

Friday, April 7, 2023

Grand

Grand (pronounced grand)

(1) Impressive in size, appearance, or general effect.

(2) Stately, majestic, or dignified.

(3) Highly ambitious or idealistic.

(4) Magnificent or splendid.

(5) Noble or revered.

(6) Highest, or very high, in rank or official dignity.

(7) Main or principal; chief; the most superior.

(8) Of great importance, distinction, or pretension.

(9) Complete or comprehensive (usually as the “grand total”).

(10) Pretending to grandeur, as a result of minor success, good fortune, etc; conceited & haughty (often with a modifier such as “rather grand”, awfully grand” or “insufferably grand”).

(11) First-rate; very good; splendid.

(12) In musical composition, written on a large scale or for a large ensemble (grand fugue, grand opera etc) and technically meaning originally “containing all the parts proper to a given form of composition”.

(13) In music, the slang for the concert grand piano (sometimes as “concert grand”).

(14) In informal use, an amount equal to a thousand pounds or dollars.

(15) In genealogy, a combining (prefix) form used to denote “one generation more remote” (grandfather, grand uncle etc).

1350–1400: From the Middle English graund, grond, grand, graunt & grant, from the Anglo-Norman graunt, from the Old French grant & grand (large, tall; grown-up; great, powerful, important; strict, severe; extensive; numerous), from the Latin grandis (big, great; full, abundant; full-grown (and figuratively “strong, powerful, weighty, severe”, of unknown origin.  Words conveying a similar sense (depending on context includes ambitious, awe-inspiring, dignified, glorious, grandiose, imposing, large, lofty, luxurious, magnificent, marvelous, monumental, noble, princely, regal, royal, exalted, palatial; brilliant, superb opulent, palatial, splendid, stately, sumptuous, main, large, big & august.  Grand is a noun & adjective, grander & grandest are adjectives, grandness is a noun and grandly an adverb; the noun plural is grands.

In Vulgar Latin it supplanted magnus (although the phrase magnum opus (one’s great work) endured) and continued in the Romanic languages.  The connotations of "noble, sublime, lofty, dignified etc” existed in Latin and later were picked up in English where it gained also the special sense of “imposing”.  The meaning “principal, chief, most important” (especially in the hierarchy of titles) dates from the 1560s while the idea of “something of very high or noble quality” " is from the early eighteenth century.  As a general term of admiration (in the sense of “magnificent or splendid” it’s documented since 1816 but as a modifier to imply perhaps that but definitely size, it had been in use for centuries: The Grand Jury was an invention of the late fifteenth century, the grand tour was understood as “an expedition around the important places in continental Europe undertaken as part of the education of aristocratic young Englishmen) as early as the 1660s and the grand piano was name in 1797.  In technical use it was adapted for use in medicine as the grand mal (convulsive epilepsy with loss of consciousness), borrowed by English medicine from the French grand mal (literally “great sickness”) as a point of clinical distinction from the petit mal (literally “small sickness”) (an epileptic event where consciousness was not lost).

The use of the prefix grand- in genealogical compounds is a special case.  The original meaning was “a generation older than” and the earliest known reference is from the early thirteenth century in the Anglo-French graund dame (grandmother) & (later) grandsire (grandfather), etymologists considering the latter possibly modeled on the avunculus magnus (great uncle).  The English grandmother & grandfather formally entered the language in the fifteenth century and the extension of the concept from “a generation older than” to “a generation younger than” was adopted in the Elizabethan era (1558-1603) thus grandson, granddaughter et al.  Grand as a modifier clearly had appeal because in the US, the “Big Canyon” was in 1869 re-named the Grand Canyon and the meaning "a thousand dollars" dates from 1915 and was originally US underworld slang.  In the modern era grand has been appended whenever there’s a need economically to convey the idea of a “bigger or more significant” version of something thus such constructions as grand prix, grand slam, grand larceny, grand theft auto, grand unification theory, grand master (a favorite both of chess players and the Freemasons) etc.

The Grand Jury

Donald Trump in Manhattan Criminal Court, April 2022.

The Manhattan grand jury which recently indicted Donald Trump (b 1946; US president 2017-2021) on 34 felony counts of falsification of business records in the first degree is an example of an institution with origins in twelfth century England although it didn’t generally become known as the “grand jury” until the mid-1400s.  At least some of the charges against Mr Trump relate to the accounting associated with “hush-money” payment made in some way to Stormy Daniels (b 1979; the stage name of Stephanie Gregory although Mr Trump prefers “horseface” which seems both ungracious and unfair) but if reports are accurate, he’ll have to face more grand juries to answer more serious matters.

A grand jury is a group of citizens (usually between 16-23) who review evidence presented by a prosecutor to determine whether the case made seems sufficiently compelling to bring criminal charges.  A grand jury operates in secret and its proceedings are not open to the public, unlike a trial before a jury (a smaller assembly and classically a dozen although the numbers now vary and once it was sometimes called a petit jury).  It is this smaller jury which ultimately will pronounce whether a defendant is guilty or not; all a grand jury does is determine whether a matter proceeds to trial in which case it will issue an indictment, which at law is a formal accusation.  The origins of the grand jury in medieval England, where it was used as a means of investigating and accusing individuals of crimes was to prevent abuses of power by the king and his appointed officers of state although it was very much designed to protect the gentry and aristocracy from the king rather than any attempt to extend legal rights to most of the population.

The grand jury has been retained in the legal systems of only two countries: the US and Liberia.  Many jurisdictions now use a single judge or magistrate in a lower court to conduct a preliminary hearing but the principle is the same: what has to be decided is whether, on the basis of the evidence presented, there’s a reasonable prospect a properly instructed (petit) jury would convict.  In the US, the grand jury has survived because the institution was enshrined in the Fifth Amendment to the Constitution: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.”  The grand jury was thought a vital protection against arbitrary prosecutions by the government, and it was included in the Bill of Rights (1689) to ensure individuals would not be subject to unjustified criminal charges.  There is an argument that, by virtue of England’s wondrously flexible unwritten constitution, the grand jury hasn't been abolished but they're merely no longer summoned.  It's an interesting theory but few support the notion, the Criminal Justice Act (2003) explicitly transferring the functions to the Crown Prosecution Service (CPS) and the model of the office of Director of Public Prosecutions (DPP) has been emulated elsewhere in the English-speaking world.  Presumably, a resuscitation would require the DPP to convene a grand jury and (if challenged on grounds of validity) the would courts have to concur but as late as 1955 an English court was prepared to hold a court which had not sat for centuries was still extant so the arguments would be interesting.

The “Grand Mercedes”: The Grosser tradition

Der Grossers: 1935 Mercedes-Benz 770 K (W07) of Emperor Shōwa (Hirohita, 1901–1989, emperor of Japan 1926-1989 (left)), Duce & Führer in 1939 Mercedes-Benz 770 K (W150) leading a phalanx of Grossers, Munich, 1940 (centre) and Comrade Marshal Josip Broz Tito (1892–1980) in 1966 Mercedes-Benz 600 Landaulet (W100), Belgrade, 1967 (right).

Produced in three series (770 K (W07 1930–1938 & W150 1939-1945) & 600 (W100 1963-1981)) the usual translation in English of “Grosser Mercedes” is “Grand Mercedes” and that is close to the German understanding which is something between “great”, “big” and “top-of-the-line”.  In German & Austrian navies (off & one) between 1901-1945, a Großadmiral was the equivalent to the (five star) Admiral of the Fleet (UK) or Fleet Admiral (US); it was disestablished in 1945.  When the 600 (driven to extinction by two oil crises and an array of regulations never envisaged when it was designed) reached the end of the line in 1981, it wasn’t replaced and the factory didn’t return to the idea until a prototype was displayed at the 1997 Tokyo Motor Show.  The specification and engineering was intoxicating but the appearance was underwhelming, a feeling reinforced when the production version (2002-2013) emerged not as an imposing Grosser Mercedes but a Maybach, a curious choice which proved the MBAs who came up with the idea should have stuck to washing powder campaigns.  The Maybach, which looked something like a big Hyundai, lingered for a decade before an unlamented death.

Grand, Grand Prix & Grand Luxe

1967 Jaguar 420 G (left), 1969 Pontiac Grand Prix J (centre) and 1982 Ford XE Falcon GL 5.8 (351) of the NSW (New South Wales) Highway Patrol (right).

Car manufacturers were attracted to the word because of the connotations (bigger, better, more expensive etc).  When in 1966 Jaguar updated their slow-selling Mark X, it was integrated into what proved a short-lived naming convention, based on the engine displacement.  Under the system, with a capacity of 4.2 litres (258 cubic inch) the thing had to be called 420 but there was a smaller saloon in the range so-named so the bigger Mark X was renamed 420 G.  Interestingly, when the 420 G was released, any journalist who asked was told “G” stood for “Grand” which is why that appeared in the early reports although the factory seems never officially to have used the word, the text in the brochures reading either 420 G or 420 “G”.  The renaming did little to encourage sales although the 420 G lingered on the catalogue until 1970 by which time production had dwindled to a trickle.  The tale of the Mark X & 420 G is emblematic of the missed opportunities and mismanagement which would afflict the British industry during the 1970s & 1980s.  In 1961, the advanced specification of the Mark X (independent rear suspension, four-wheel disk brakes) made it an outstanding platform and had Jaguar fitted an enlarged version of the Superb V8 they had gained with their purchase of Daimler, it would have been an ideal niche competitor in mid-upper reaches of the lucrative US market.  Except for the engine, it needed little change except the development of a good air-conditioning system, then already perfected by Detroit.  Although the Daimler V8 and Borg-Warner gearbox couldn't have matched the ultimate refinement of what were by then the finest engine-transmission combinations in the world, the English pair certainly had their charms and would have seduced many.    

Pontiac’s memorable 1969 Grand Prix also might have gained ("Grand Prix" most associated with top-level motorsport although it originally was borrowed from Grand Prix de Paris (Big Prize of Paris), a race for thoroughbred horses staged at the Longchamps track) the allure of high performance, something attached to the range upon its introduction as a 1962 model (although by 1967 it had morphed into something grand more in size than dynamic qualities).  The 1969-1970 cars remain the most highly regarded, the relative handful of SJ models built with the 428 cubic inch (7.0 litre) HO (High Output) V8 a collectable, those equipped with the four-speed manual gearbox the most sought-after.  It was downhill from the early 1970s and by the next decade, there was little about the by then dreary Grand Prix which seemed at all grand.

During the interwar years (1919-1939) “deluxe” was a popular borrowing borrowed from the fashion word, found to be a good label to apply to a car with bling added; a concept which proved so profitable it remains practiced to this day.  Deluxe (sometimes as De luxe) was a commercial adaptation of the French de luxe (of luxury), from the Latin luxus (excess), from the primitive Indo-European lewg- (bend, twist) and it begat “Grand Luxe” which was wholly an industry invention.  Deluxe and Grand Luxe eventually fell from favour as model names for blinged-up creations became more inventive but the initializations L, DL & GL were adopted by some, the latter surviving longest by which time it was understood to signify just something better equipped and thus more expensive; it’s doubtful many may a literal connection to “Grand Luxe”.

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)

In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

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" Judge Eugene Fahey wrote in his ruling.  Ms Lohan’s lawyers did not seek leave to appeal.

Escutcheon

Escutcheon (pronounced ih-skuhch-uhn)

(1) In heraldry, an individual or corporate coat of arms.

(2) In heraldry, a shield or shield-like surface upon which is depicted a coat of arms (a small shield used to charge a larger one).

(3) An ornamental or protective plate around a keyhole, door handle, drawer pull, light switch etc.

(4) In admiralty and other nautical architecture, a panel on the stern of a vessel bearing the registered name and port of registry.

(5) In medicine, the pattern of distribution of hair upon the pubic mound.

(6) In medicine as escutcheonectomy, the surgical removal of tissue from the pubic mound, a treatment for the unfortunate condition of "buried penis".

(7) In veterinary history, a marking upon the back of a cow's udder and the space above it (the perineum), formed by the hair growing upward or outward instead of downward.  It was once (apparently erroneously) used as an index of milking qualities and known informally among dairy farmers as the "milk mirror".

(8) The depression behind the beak of certain bivalves (a class of marine and freshwater mollusks); the ligamental area.

(9) As escutcheon pin, a decorative nail with a round, domed head, usually made of, or plated with, brass or copper, and used for fastening escutcheons, label-card holders, or other decorative surface hardware to wood surfaces.

(10) A decorative and/or protective plate or bezel which fills any gap between a switch, pipe, valve, control knob etc and the surface from which it protrudes.

(11) The insignia around a doorknob's exterior hardware or a door lock's cosmetic plate.

1470-1480: From the Middle English scochon (shield on which a coat of arms is depicted), from the Anglo-Norman (and the Old Northern French) escuchon, from the Old French escusson (half-crown (coin); coat of arms, heraldic escutcheon) (which endures in modern French as écusson), from the from Vulgar Latin scutionemultimately from the Latin scūtum (shield), from the primitive Indo-European skoito- (piece of wood, sheath, shield) (and the source also of the Old Irish sciath, the Welsh ysgwyd, the Breton scoed (shield), the Old Prussian staytan (shield) and the Russian ščit (shield), probably a noun derivative of a variant of primitive Indo-European root skei- (to cut, split) on the notion of "board".  The curious use of the term in dairy farming sounds medieval but was not documented until 1867 although it's possible it had long been in oral use.  The alternative spellings escocheon & scutcheon are both long obsolete.  Escutcheon is a noun and escutcheoned is an adjective (and has been used as a (non-standard) verb; the noun plural is escutcheons.

In heraldry, the technical term "an escutcheon of pretense" describes a shield or emblem displayed alongside the shield of a married woman to indicate her husband's family name and coat of arms.  It is also sometimes referred to as an "impalement" because the two coats of arms are "impaled" or joined together side by side.  The purpose of the escutcheon of pretense is to indicate the woman's marital alliance and to ensure her husband's family name and coat of arms are displayed alongside hers.  In cases where the woman has a higher rank or a more prestigious coat of arms than her husband, the escutcheon of pretense may be used to display her own coat of arms in a more prominent position.  Between heraldic systems there are various rules and conventions which dictate the exact design and in some cases there are no precise rules.  The most common designs are (1) the escutcheon may divided vertically down the center-line with the husband's coat of arms to the left and the wife's to the right & (2) the escutcheon being quartered, this affording the advantage of both sets of arms appearing more prominently.  In centuries past, an escutcheon of pretense was also evidence of the assertion of a legal claim to some distinction or an estate, armorial bearings etc to which he was not entitled by strict right of descent, something which often arose in marriages to heiresses.  It was known also as the inescutcheon.

Escutcheons of the Holy See (left) and the Secret Society of the Les Clefs d’Or (right).

The international association of hotel concierges is the Secret Society of the Les Clefs d’Or (The Golden Keys) and the similarities between their escutcheon and that of the Holy See are quite striking.  According to the Roman Catholic Church's Inquisition (the old Holy Office, now officially known as the Dicastery for the Doctrine of the Faith (DDF)), the crossed keys are a symbol of the Papacy's authority and power. The keys represent the "keys of heaven" that were in the New Testament passed from Jesus Christ to Saint Peter.  In Roman Catholic tradition, Peter was appointed by Jesus as the first Pope and given the keys to symbolize his authority to forgive sins and to make decisions binding on behalf of the Church (this the theological basis of what in canon law was codified in the nineteenth century as papal infallibility).  The two keys thus symbolize the pope's two powers: (1) spiritual power (represented by the silver key) and (2) temporal power (represented by the gold key).  The latter power manifested in a most temporal manner during the thousand-odd years (between the eighth & nineteenth centuries) when the authority of the papal absolute theocracy extended to rule and govern the Papal States (which were interpolated into the modern state of Italy upon Italian unification (1859-1870).

Claiming (officially) only temporal dominion, the Secret Society of the Les Clefs d'Or logo depicts both their keys in gold, one said to symbolize the concierge's role in unlocking the doors to the world for their guests, the other their ability to unlock the secrets of their destination and provide insider knowledge and recommendations (restaurant bookings, airport transfers, personal service workers of all types etc).  However, neither the Vatican nor the Les Clefs d’Or have ever denied intelligence-sharing, covert operations, common rituals or other links.

The escutcheon of Lindsay Lohan's family crest.

The Lohan family motto is Hoc majorum virtus (This is the valour of my ancestors) but it wasn't until well into the seventeenth century it because at all common for mottos to appear on coats of arms.  Older coats of arms therefore never originally included a motto and in most jurisdictions they remain still optional (some European registries actually proscribe their use) and technically are separate from the grant, the inclusion the choice of the family or individual concerned.  Coats of arms however are legally registered designs and must conform to certain rules whereas a motto can on a whim be changed.


Thursday, April 6, 2023

CONELRAD

CONELRAD (pronounced kon-ill-rad or kon-ill-rid)

The short form of CONtrol of ELectromagnetic RADiation.

Exclusive to the US, CONELRAD was a nationally standardized system of emergency public broadcasting (on the AM (amplitude modulation) medium-wave band at 640 & 1240 KHz) intended to operate in the event of enemy attack during the Cold War.  The original specifications for what emerged as CONELRAD was first discussed in March 1951 at the Informal Government-Industry Technical Conference and later published by the FCC (Federal Communications Commission):

"The primary plan for alerting broadcast stations that is currently being considered by the FCC Study Group is known as the Key Station System.  The arrangement requires certain telephone circuits (private wire or direct line to Toll Board) between the Air Defense Control Centers (ADCC) and specified radio stations to be known as Basic Key Stations & Relay Key Stations”.

The essence of the system was each Basic Key Station upon receiving an alert or warning signal from the ADCC would, upon instruction, broadcast a predetermined message and also relay the message by telephone to all Relay Key Stations assigned to each Basic Key Station.  As a diversified network designed to be able to continue functioning even if various parts were destroyed, it was conceptually similar to a later US military project which would later evolve into the internet.  Intended to be simple, robust and able to reach as wide a possible audience in the shortest possible time, CONELRAD used simple protocols for alerting the public and other "downstream" stations, consisting of a sequence of shutting the station off for five seconds, returning to the air for five seconds, again shutting down for five seconds, and then transmitting a tone for 15 seconds.  Key stations would be alerted directly and all other broadcast stations would monitor a designated station in their area.

In the event of an attack on the US, all domestic television and FM (frequency modulation) radio stations were required instantly to cease broadcasting and upon alert, all most AM stations shut down, those remaining on-air transmitting either on 640 or 1240 kHz.  No transmission would last more than a few minutes and upon one going “off-air” another would take over the frequency on a ”round robin” chain, this to confuse enemy aircraft which might be navigating using Radio Direction Finding (RDF), a technique first widely used in the early days of World War II (1939-1945).  In the US, all radio sets manufactured between 1953-1963 were required to have the two frequencies marked by the triangle-in-circle (CD Mark), the symbol of Civil Defense organizations.