Friday, September 22, 2023

Targa

Targa (pronounced ta-gah)

(1) A model name trade-marked by Porsche AG in 1966.

(2) In casual use, a generic description of cars with a removable roof panel between the windscreen and a truncated roof structure ahead of the rear window.

1966 (in the context of the Porsche): From the Targa Florio race in Sicily, first run in 1906 and last staged in its classic form in 1973.  In many European languages, targa (or derivatives) existed and most were related to the Proto-Germanic targǭ (edge), from the primitive Indo-European dorg- (edge, seam), from the Old Norse targa (small round shield) and the Old High German zarga (edge, rim).  The modern Italian targa (plate, shingle; name-plate; number plate or license plate; plaque; signboard; target (derived from the rounded oval or rectangle shield used in medieval times)) was ultimately from the Frankish targa (shield).  In the Old English targa (a light shield) was also from the Proto-Germanic targǭ and was cognate with the Old Norse targa and the Old High German zarga (source of the German Zarge); it was the source of the Modern English target.  The Proto-Germanic targǭ dates from the twelfth century and “target” in the sense of “round object to be aimed at in shooting” emerged in the mid eighteenth century and was used originally in archery.  Targa is a noun; the noun plural is targas.

1974 Leyland P76 Targa Florio in Omega Navy, Aspen Green & Nutmeg (without the side graphics).

Although, especially when fitted with the 4.4 litre (269 cubic inch) V8, it was in many ways at least as good as the competition, the Australian designed and built Leyland P76 is remembered as the Antipodean Edsel; a total failure.  It was doomed by poor build quality, indifferent dealer support and the misfortune of being a big (in local terms) car introduced just before the first oil shock hit and the world economy sunk into the severe recession which marked the end of the long, post war boom.  It vanished in 1975, taking with it Leyland Australia but it did have one quixotic moment of glory, setting the fastest time on Special Stage 8 of the 1974 World Cup Rally, run on the Targa Florio circuit in Palermo, Sicily.  The big V8 machine out-paced the rest of the field by several minutes and to mark the rare success, Leyland Australia built 488 "Targa Florio" versions.  Available in Omega Navy, Aspen Green or Nutmeg (a shade of brown which seemed to stalk the 1970s), the special build was mechanically identical to other V8 P76s with automatic transmission but did include a sports steering wheel and aluminium road wheels, both intended for the abortive Force 7, a two-door version which was ungainly but did offer the functionality of a hatchback.  In a typical example of Leyland's mismanagement, the Force 7 was being developed just as the other local manufacturers were in about to drop their big two-doors, demand having evaporated after a brief vogue.  Leyland do however deserve credit for their plans to name the luxury version of the Force 7 the Tour de Force

Except (usually) those who stick to numbers (Mercedes-Benz the classic example), coming up with a name for a car can be a tricky business, especially if someone objects.  In 1972 Ford of England was taken to court by Granada Television after choosing to call their new car a Granada though the judge gave the argument short shrift, pointing out (1) it was unlikely anyone would confuse a car with a TV channel and (2) neither the city nor the province of Granada in Spain’s Andalusia region had in 1956 complained when the name was adopted for the channel.  The suit was thrown out and the Ford Granada went on to great success.  Ford’s US operation had less success in 1965 when trying to sell the Mustang in the FRG (Federal Republic of Germany, the old West Germany (1949-1990)) because Krupp AG held (until December 31 1979) exclusive rights to the name which it used on a range of trucks.  A Mustang couldn’t be confused with a truck (though some snobby types in France might have suggested otherwise) but Ford’s legal advice was to settle rather than sue so they attempted to buy the rights.  The offer was rebuffed so for years Mustangs in the FRG were sold as the “T-5” which was the car’s project name during its development.  Almost identical to the US version but for the badges, it was one of the most popular US cars sold in Europe, aided by the then attractive US$-Deutsche Mark exchange rate and its availability in military P-X stores, service personnel able to buy at a discount and subsequently have the car shipped back to the US at no cost.

1970 Porsche 914/6: Porsche built the mid-engined 914 exclusively with a targa top.  The 914 was the first of a number of attempts by Porsche’s engineers to convince customers there were better configurations than the rear-engine layout used on the 911 & 912.  The customers continued to demand 911s and it remains available to this day.

1962 Daimler SP250 (née Dart).

The Daimler SP250 was first shown to the public at the 1959 New York Motor Show and there the problems began.  Aware the sports car was quite a departure from the luxurious but rather staid line-up Daimler had for years offered, the company had chosen the attractively alliterative “Dart” as its name, hoping it would convey the sense of something agile and fast.  Unfortunately, Chrysler’s lawyers were faster still, objecting that they had already registered Dart as the name for a full-sized Dodge so Daimler needed a new name and quickly; the big Dodge would never be confused with the little Daimler but the lawyers insisted.  Imagination apparently exhausted, Daimler’s management also reverted to the engineering project name and thus the car became the SP250 which was innocuous enough even for Chrysler's attorneys.  The Dodge Dart didn't for long stay big, the name in 1964 re-used for a compact line although it was the generation made between 1967-1977 which was most successful and almost immediately Chrysler regretted the decision to cease production, the replacement range (the Dodge Aspen & Plymouth Volaré (1976-1980)) one of the industry's disasters.  The name was revived in 2012 for a new Dodge Dart, a small, front wheel drive (FWD) car which was inoffensive but dreary and lasted only until 2016.  The SP250 was less successful still, not even 3000 made between 1959-1964, something attributable to (1) the unfortunate styling, (2) the antiquated chassis, (3) the lack of development which meant there were basic flaws in the body engineering of the early versions and (4) the lack of interest by Jaguar which in 1960 had purchased Daimler, its interest in the manufacturing capacity acquired rather than the product range.  It was a shame because the SP250's exquisite 2.5 litre (155 cubic inch) V8 deserved better.  

Lindsay Lohan with Porsche 911 Targa 4 (997), West Hollywood, 2008.  The Targa was reportedly leased by her former special friend, DJ Samantha Ronson (b 1977).

Sometimes though, numbers could upset someone.  Even in the highly regulated EEC (European Economic Community, the origin of the European Union (EU)) of the 1960s, a company in most cases probably couldn’t claim exclusive rights to a three number sequence but Peugeot claimed exactly that when Porsche first showed their new 901 in 1963.  Asserting they possessed the sole right to sell in France car with a name constructed with three numbers if the middle digit was a zero, the French requested the Germans rename the thing.  It was the era of Franco-German cooperation and Porsche did just that, announcing the new name would be 911, a machine which went on to great things and sixty years on, remains on sale although, the lineage is obvious, only the odd nut & bolt is interchangeable between the two.  So all was well that ends well even if the French case still seems dubious because Mercedes-Benz had for years been selling in France cars labelled 200 or 300 (and would soon offer the 600). Anyway, this time, it was the project name (901) which was discarded (although it remained as the prefix on part-numbers) and surviving examples of the first 82 cars produced before the name was changed are now highly prized by collectors.

Sometimes however, the industry uses weird names for no obvious reason and some of the cars produced for the JDM (Japanese domestic market) are, to Western ears, truly bizarre though perhaps for a Japanese audience they’re compellingly cool.  Whatever might be the rationale, the Japanese manufacturers have give the world some memorable monikers including (1) from Honda the Vamios Hobio Pro & the That's, (2) from Mazda the Titan Dump, the Scrum Truck & the Bongo Brawny, (3) from Mitsubishi the Super Great, the eK-Classy, the Town Box, the Mirage Dingo Teddy Bear & the Homy Super Long, (4) from Suzuki the Solio Bandit & the Mighty Boy, (5) from Toyota the Royal Lounge Alphard, (6) from Subaru the Touring Bruce, (7) from Nissan the Big Thumb, the Elgrand Highway Star & the Cedric and (8) from Cony, the Guppy.

1964 Porsche 901 (left), 1968 Porsche 911L Targa (soft window) (centre) and 1969 Porsche 911S Targa (right)

Compared with that lot, Porsche deciding to call a car a Targa seems quite restrained.  Porsche borrowed the name from Targa Florio, the famous race in the hills of Sicily first run in 1906 and where Porsche in the 1950s had enjoyed some success.  Long, challenging and treacherous, it originally circumnavigated the island but the distance was gradually reduced until it was last run in its classic form in 1973 although in even more truncated form it lingered until 1977.  The construct of the name of the Targa Florio, the race in Italy from which Porsche borrowed the name, was Targa (in the sense of “plate” or “shield” + Florio, a tribute to Vincenzo Florio (1883-1959), a rich Sicilian businessman, automobile enthusiast and scion of a prominent family of industrialists and sportsmen; it was Vincenzo Florio who in 1906 founded the race.  Porsche won the race seven times between between 1963-1970 and took victory in 1973 in a 911 Carrera RSR, the car which in its street-legal (the Carrera RS) form remains the most coveted of all the 911s.

1968 Triumph TR5 with “Surrey Top”.

Porsche had since the late 1940s been building roadsters and cabriolets but while the 911 (then known internally as Project 901) was under development, it was clear US regulators, in reaction to a sharply rising death toll on the nation’s highways, were developing some quite rigorous safety standards and a number of proposals had been circulated which threatened to outlaw the traditional convertible.  Thus the approach adopted which, drawing from the company’s experience in building race cars, essentially added a stylized roll-over bar which could accommodate a detachable roof-section over the passengers and a folding rear cover which included a Perspex screen (the solid rear glass would come later).  Actually, the concept wasn’t entirely novel, Triumph introducing something similar on their TR4 roadsters (1961-1967) although their design consisted of (1) a half-hard top with an integral roll-bar & fixed glass rear window and (2) two detachable (metal & vinyl) panels which sat above the passengers.  Customers universally (and still to this day) referred to this arrangement as the “Surrey Top” although Triumph insisted only the vinyl insert and its supporting frame was the “Surrey” while the rest of the parts collectively were the “Hard Top kit”.  The targaesque top was also available on the TR5 (1967-1969; a de-tuned version sold in North America as the TR250) with twin carburetors replacing the Lucas mechanical fuel-injection used in most other markets, the more exotic system then unable to comply with the new emission standards.

Built by Ferrari: 1973 Dino 246GTS with "chairs & flares" options.

The rhyming colloquialism “chairs and flares” (C&F to the Ferrari cognoscenti and these days the early Dinos are an accepted part of the family) is a reference to a pair of (separately available) options available on later production Dino 246s.  The options were (1) seats with inserts (sometimes in a contasting color) in the style used on the 365GTB/4 (Daytona) & (2) wider Campagnolo Elektron wheels (which the factory only ever referred to by size) which necessitated flared wheel-arches.  In the early 1970s the factory wasn’t too punctilious in the keeping of records so it’s not known how many cars were originally built equipped with the wider (7½ x 14” vs 6½ x 14”) wheels but some privately maintained registers exist and on the basis of these it’s believed production was probably between 200-250 cars from a total run of 3569 (2,295 GT coupés & 1,274 GTS spyders (targa)).  They appear to have been most commonly ordered on UK & US market cars (although the numbers for Europe are described as “dubious” and thought an under-estimate; there are also an unknown number in other countries), the breakdown of verified production being:

246GT: UK=22, Europe=5, US=5.
246GTS: UK=21, Europe=2, US=91.

The “chairs and flares” cars are those which have both the Elektron option and the Daytona-style seats but because they were available separately, some were built with only one of the two, hence the existence of other slang terms in the Dino world including “Daytona package”, “Sebring spyders” and, in the UK, the brutish “big arches”.  In 1974, the Dino's option list (in US$) comprised:

Power windows: $270.00
Metalic Paint: $270.00
Leather upholstery: $450.00
Daytona type central seat panels: $115.00
Air-conditioning: $770.00
14 x 7½ wheels & fender flares: $680.00
AM/FM/SW radio: $315.00
Electric antenna & speakers: $100.00

At a combined US$795.00, the C&F combination has proved a good investment, now adding significantly to the price of the anyway highly collectable Dino.  Although it's hard to estimate the added value because so many other factors influence calculation, all else being equal, the premium would seem to to be well over US$100,000.  Because it involves only wheels, upholstery and metal, the modifications are not technically difficult to emulate although the price of a modified vehicle will not match that of an original although unlike some of the more radical modifications to Ferraris (such as conversions to roadsters), creating a C&F out of a standard 246 seems not to lower its value.  These things are always relative; in 1974 the C&F option added 5.2% to the Dino GTS's list price and was just under a third the cost of a new small (in US terms as "sub-compact") car such as the Chevrolet Vega (1970-1977).

An enduring design: 2023 Porsche 911 Targa 4 (992).

Porsche didn’t complicate things, in 1966 offering the Targa as an alternative to the familiar coupé, then in series production since 1964.  Briefly, the company flirted with calling the car the 911 Flori but ultimately Targa was preferred and the appropriate trademarks were applied for in 1965, the factory apparently discovering targa in Italian means “number plate” or “license plate” only that year when the translators were working on international editions of the sales brochures.  The now familiar fixed, heated rear screen in safety glass was first offered in 1967 as an alternative to the one in fold-down plastic one and such was the demand it soon became the standard fitting.  The Targa carried over into the 911’s second and third generation being, re-designed for 1993 in a way that dispensed with the roll bar and it wouldn’t be until 2011 the familiar shape returned.

1970 Iso Grifo targa (Series 1, 350 cubic inch (5.7 litre) Chevrolet V8).

Among the small volume manufactures which in the post-war years found a lucrative niche in combining sensuous European coachwork with the cheap, powerful and robust American V8s, there was a focus of two-door coupés because (1) this was the example set by Ferrari and (2) there most demand in the segment clearly existed.  The ecosystem was sent extinct by the first oil shock of the early 1970s but in the era, some did offer convertibles and where not, there were specialists prepared to help.  There was though, the odd targa.  The achingly lovely Iso Grifo spyder (roadster) shown at the Geneva Motor Show in 1964 never reached production but in 1966, less than two years into the Grifo’s life (during which almost 100 had been made), the factory put a targa version on their stand at the Turin Motor Show.  It was only ever available to special order on a POA (price on application) basis and between then and the shuttering of the factory in 1974, fourteen Series I and four series II targas (at least one equipped with the 454 cubic inch (7.4 litre) big block Chevrolet V8) were completed.

Estoppel

Estoppel (pronounced e-stop-uhl or est-opp-al)

(1) In common law jurisdictions, a legal principle that prevents a party from asserting otherwise valid legal rights against another party because of conduct by the first party, or circumstances to which the first party has knowingly contributed, make it unjust for those rights to be asserted.

(2) In common law jurisdictions, a rule of evidence whereby a person is precluded from denying the truth of a statement of facts he has previously asserted.

1250-1300: From the Middle English from the Middle French estoupail or estopail (stopper; plug; a bung made of oakum (étoupe) from estoper (to stop up; to plug), a derivative of estoupe from the Latin stuppa ("broken flax, tow"), from Ancient Greek στύππη (stuppē) (broken flax).  Estoppel is the noun; the verb is estop, from the Middle English estoppen, from the Old French estopper & estouper, probably a variation on the Vulgar Latin stuppāre (to stop up with tow, caulk).  The once common misspelling estoppal seems to have gone extinct since law students began using spell-checkers.  Estoppel, estoppage & estop are nouns and estopped & estopping are verbs; the noun plural is estoppages.

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

Equitable Estoppel is known also as Estoppel by Conduct or Estoppel in Pais (outside of court; without legal proceedings) and refers to estoppel arising by virtue of a party's actions.  Equitable estoppel prevents a party from taking a position that is inconsistent with their past conduct, especially when another party has relied on that conduct to their detriment. The classic example is where a party undertakes not to enforce their legal rights, leading another relying on that promise to act in a manner which is to their detriment, the party making the promise may be estopped from later asserting their legal rights.  Equitable estoppel is the companion of Promissory Estoppel which operates where one party makes to another an unambiguous promise to and the latter relies on that promise to their detriment. If later the promisor reneges on the promise, the court may estop them from doing so; promissory estoppel is often used to enforce promises that may not meet the strict requirements of a contract.  Collateral Estoppel is known also as Issue Estoppel and it stops a party from re-litigating an issue already riled upon in a previous case.  If an issue was essential to a previous judgment, provided the party had adequate opportunity to litigate, they will estopped subsequently from re-litigating the same issue.  Estoppel by Deed is known also as Estoppel by Record and applies in situations where a party makes a false statement about property rights in a written instrument (typically a will or deed).  If another party relies on that written instrument to their detriment, the party who made the false statement may be estopped from denying the truth of the statement.  Estoppel by Silence is known also as Estoppel by Acquiescence and occurs when one party's silence or failure to act leads another party to believe that certain facts or rights exist.  If the first party later tries to assert a contrary position, they may be estopped from doing so because of their earlier silence or inaction.  Estoppel by Representation arises when one party makes a false representation to another, and the other party relies on that representation to their detriment. The party making the false representation may be estopped from asserting a contrary position.  In Estoppel by Laches, if a party unreasonably delays asserting their legal rights and this delay prejudices another party, a court may in some circumstances estop the delayed party from later asserting those rights due to the unfairness of the delay.

Estoppel by Election (unknown in some jurisdictions) is a special instance of estoppel by conduct and arises in cases where there exists a plurality of gifts or rights which are inconsistent (or offered as alternatives) and the party who makes the gifts or creates the rights, shows by and express or implied intention that the party taking the gift or claiming the right should enjoy one of them, but not both.  Having made their choice, the receiving party cannot later renege and attempt to choose the other.  Estoppel by election can also be invoked in cases where a party cannot approbate or reprobate under the same instrument.  According to the most fastidious lawyers, the mysterious Constructive Estoppel really doesn’t exist and the term should be used only as a way to explain the mechanism of things like estoppel by silence, acquiescence or conduct because such concepts are analogous with the well-known constructive fraud.  It has been used in some jurisdictions in real property cases where the true state of affairs found to differ from what was construed.  Typically, the case will involve a transfer of property where the registration of a document operates as constructive notice of its contents.  One party may be unaware of the document or its contents but, because it is registered, it is deemed all possess such knowledge (the theory being if one wanted to have such knowledge it could be obtained).  The objection in such matters is not to the operation of estoppel but just the adjective “constructive”; either the facts of the case will disclose the conditions of estoppel are present (in which case the principle operates) or they are not (and the principal will not operate).

Estoppel has thus delighted lawyers in that it proved amenable to being formulated in so many flavors but the classic formulation remains promissory estoppel, dating from a judgment of an English court in 1877 but which remained unexplored by the judiciary until revived in 1946, after which it proliferated.  It’s an example of the law of equity intruding into common law to correct what would otherwise be an injustice were a strict and literal interpretation of law to prevail.  It holds (1) Where a party has acted in good faith upon representations by another, even if those representations were never reduced to a form in which they would create a legal relationship between the two, the other party cannot enforce their strict legal rights and (2) If a party represents to another that in certain circumstances, they would not seek to enforce their legal rights, they cannot subsequently depend on those rights.  Australian courts have extended the principle of estoppel, even allowing a historically essential condition of contract to be waived, the High Court of Australia (HCA) later fusing common law and equitable estoppels into a single unified doctrine.  However, the NSW Court of Appeal still treats estoppel at common law separately from equitable estoppel, this perhaps influenced by the long history of the old Equity Bar in that state.  NSW was the last major jurisdiction in the country to merge law and equity and the historic names of Equity and Common Law are still used for the court’s two divisions, some barristers still referring to themselves (it's said with something of a superior air) as members of the “equity bar”.

Thursday, September 21, 2023

Weimar

Weimar (pronounced vahy-mahr, wahy-mahr, veye-mahr or weye-mahr)

(1) A city in Thuringia, in central Germany, the scene (in 1919) of the adoption of the constitution of the German state which came (retrospectively) to be known as the Weimar Republic.

(2) A German surname (of habitational origin).

(3) As Weimar Republic, The sovereign German republic (1918-1933), successor state to the German Empire (1871-1918 and now sometimes referred to as the “Second Reich”) and predecessor to the Nazi regime (the “Third Reich”, 1933-1945).

Pre 1100: The construct was the Old High German wīh (holy; sacred) + meri (sea; lake; pond; standing water, swamp).  The name can therefore be analysed as something like “holy pond” or “sacred lake” but what religious significance this had or which aquatic feature was involved is not known.  A settlement in the area of what is now Weimar has existed since at least the early Middle Ages and there is a document dated 999 which makes reference to the town as Wimaresburg but how long this, or some related form had be in use is unknown.  Over time, the changes presumably reflected as desire for convenience and simplification (not an imperative always noted in evolution of the German language) and during the early centuries of the second millennium the place seems to have been known as Wimares, Wimari & Wimar before finally becoming Weimar.  In a manner not unusual in the Holy Roman Empire (800-1806), it was the seat of the County of Weimar, one of the administrative and commercial centres of Thuringia but in 1062 merged with the County of Orlamünde to form Weimar-Orlamünde, which existed until 1346 when the Thuringian Counts' War (a squabble between several local barons) erupted.  In the settlement which followed, Weimar was taken by the Wettin clan as an agreed fief and over time developed into a major city.  Weimar is a proper noun, Weimarization & Weimarize are nouns and Weimarian is a noun & adjective; the noun plural is Weimars.

One native to or an inhabitant of Weimar is a Weimarer (strong, genitive Weimarers, plural Weimarer, feminine Weimarerin).  The adjective Weimarian (of or relating to the Weimar period (1918-1933) in German can be used in any context but is most often applied to the art & culture associated with the era rather than politics or economics.  The comparative is “more Weimarian”, the superlative “most Weimarian”).  The noun Weimarization (a state of economic crisis leading to political upheaval and extremism) is used exclusively to describe the political and financial turmoil of the Weimar years.  The verb Weimarize (to cause to undergo Weimarization) is the companion term and is applied in much the same was as a word like “Balkanize” as a convenient word which encapsulates much in a way no other can.  The Weimaraner is a breed of dog, bred originally in the region as a hunting dog, the construct being Weimar + the German suffix -aner (denoting “of this place”).

In a constitutional sense, the Weimar Republic came into existence on 11 August 1919 when the national assembly of the German state met in the city to adopt the new Weimar Constitution.  Despite that, many historians use the label to cover the whole period between abdication on 9 November 1918 by Wilhelm II (1859 1941; German emperor (Kaiser) & King of Prussia 1888-1918) and the Nazis taking office on 30 January 1933.  The constitution created what structurally was a fairly conventional federal republic (known officially as the Deutsches Reich (German Reich)), the constituent parts of which were the historic Länder (analogous with the states in systems like the US or Australia though the details of the power sharing differed), each with their own governments, assemblies and constitutions.  Historians regards the inherent weakness of the structure as one of the factors which contributed to the political instability, economic turmoil and social unrest for which the era is remembered but the external forces are thought to have been a greater influence, notably the harsh terms imposed by the Treaty of Versailles (1919) and the extraordinary level of war reparations, the latter particularly associated with the hyper-inflation of 1923.  However, it was a time of unusual social & political freedom and there was an outpouring of innovative cultural creativity.  One thing which tends to be obscured by what came later was that by 1928 the system had been stabilized and the economy was stable.  In the last election prior to the Wall Street Crash (1929), the Nazi vote has slumped to 3% and the party was an outlier with few prospects and it was only the depression of the early 1930s which doomed Weimar.

Lindsay Lohan in court, Los Angeles, 2011.

Actually, rather than the pleasant city in Thuringia which lent the constitution its name, it was Berlin, the national and Prussian capital which came most to be associated with the artistic and sexual experimentation of the republic.  Although most of went on in the place was little different than in other conservative German cities it was the small but highly visible numbers of those enjoying the excesses which attracted attention.  In his novel Down There on a Visit (1962) Christopher Isherwood (1904–1986) wrote of the sort of warning respectable folk would in the 1920s offer to anyone who seemed to need the advice:

Christopher - in the whole of Thousand Nights and One Night, in the most shameless rituals of the Tantra, in the carvings on the Black Pagoda, in the Japanese brothel-pictures, in the vilest perversions of the oriental mind, you couldn’t find anything more nauseating than what goes on there, quite openly, every day. That city is doomed, more surely than Sodom ever was."  And then and there I made a decision - one that was to have a very important effect on the rest of my life. I decided that, no matter how, I would get to Berlin just as soon as ever I could and that I would stay there a long, long time.

Weimar art: Der Künstler mit zwei erhängten Frauen (The Artist with Two Hanged Women), watercolour and graphite on paper by Rudolf Schlichter (1890-1955).   

Isherwood left London by the afternoon train for Berlin on 14 March 1929, taking a room next to the Hirschfeld Institute for Sexual Science from which he explored the city’s “decadence and depravity” enjoying just about every minute and by his own account every gay bar and club, of which there were many.  That niche was only one of many to which the Berlin of Weimer catered, all fetishes seemingly there from morphine, cocaine and opium houses to a club at which membership was restricted to a “coven of coprophagists [who] gorged a prostitute on chocolate, gave her a laxative and settled down to a feast.”  Actually, at the time, there was plenty of depravity among the Nazis, however much the public platform of the party might stress traditional values and they were as condemnatory as the Pope of such as communists, homosexuals and Freemasons (The Roman Catholic Church among the institutions Hitler admired along with the British Empire and comrade Stalin (and Stalin really was a construct)).  Indeed, in his writings and the recollections of his contemporaries about his discussions, Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) didn’t much dwell on moral matters but he would spend much effort condemning those aspects of German culture he believed the Weimar generation were corrupting including “modernist architecture, Dadaist art, Jewish psychoanalysis, experimental theatre, short shirts, lipstick, bobbed hair, dances like the foxtrot and jazz” (the last of which he derided as “a degenerate negroid sound”).

Weimar art: Sonnenfinsternis (Eclipse of the Sun (1926)), oil on canvas by George Grosz (1893-1959).  Weimar was not untouched by surrealism.

The lurid tales of Weimar Berlin from the diaries of Christopher Isherwood et al now entertain rather than shock as once they would have managed but the expressionist art which flourished at the time remains striking.  A stridently experimental fork of the European avant-garde, the Weimar artists chose to ignore traditional aesthetic conventions and according to some critics the painters were fascinated by ugliness, the composers by atonal dissonance.  They were also artists who were predominately urban and focused upon the city, its decadence and corrosive influence upon the individual.  The Weimar period was the time also when the phrase magischer Realismus (magic realism) was coined, more accurately to describe what had come to be known as the Neue Sachlichkeit (new objectivity).  Magic realism is now thought of as a literary genre in which fantastical elements are interpolated into life-like depictions of the world but the first use was in 1925 by German art historian Franz Roh (1890–1965) who observed many artists in the Weimar Republic were rejecting (or at least ignoring) the idealistic style (fashionable before World War I (1914-1918) and which had combined naturalistic depiction with an amplification of beauty and virtue), in favor of something recognizably realistic yet blended with uncanny elements.  Roh’s understanding of magic realism was at least partially an acknowledgement of technology: the influence of photography and moving pictures (film).  Then as now, there was debate about whether there was some point at which realism stopped and surrealism began but the distinction was that magic realism was a distortion of the actual material world for some political or other didactic purpose whereas surrealism explored the abstractions which lurked in the subconscious mind.

In the Weimar style: The Rt Hon Theresa May MP (2023), a portrait of (Lady May, b 1956; UK prime-minister 2016-2019) by Saied Dai (b 1958).

Painted by Tehran-born Saied Dai, it will hang in  Portcullis House, Parliament's office complex where many MPs have their offices and not since Graham Sutherland’s (1903–1980) portrait of Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) was unveiled in 1954 has a painting of one of the country’s prime-ministers attracted so much interest, the reception of such works not usually much more than perfunctory.  Sutherland was commissioned (as second choice; Sir Herbert Gunn's (1893–1964) fee deemed too high) by the ad hoc “Churchill Joint Houses of Parliament Gift Committee” to paint a portrait to mark the prime-minister’s eightieth birthday and on 30 November 1954, the members of the Commons & the Lords assembled in Westminster Hall to mark the occasion.  Paid for by parliamentary subscription (the idea of paying for such a thing from their own pockets would appal today’s politicians), it was intended the work would remain with Churchill until his death after which it would be gifted to the state to hang in the Palace of Westminster.

Winston Churchill (1954) by Graham Sutherland.

Things didn’t work out that way.  Churchill, not anyway much enjoying the aging process loathed the painting and felt betrayed by the artist, the preliminary sketches he’d been shown hinting at something rather different.  Initially, he sulked, first saying he wouldn’t attend the event, then that he’d turn up only if the painting wasn’t there but his moods often softened with a little coercion and he agreed to make a short speech of thanks at the unveiling, his most memorable lines being: “The portrait is a remarkable example of modern art. It certainly combines force and candour.”  It wasn’t hard to read between the lines and when delivered to Churchill’s country house, the painting was left in a storeroom, never unwrapped and never again to be seen, Lady Churchill (Clementine Churchill (Baroness Spencer-Churchill; 1885–1977) in 1956 incinerating it in what was described as “a huge bonfire”.  That she'd executed one of history’s most practical examples of art criticism wasn't revealed until 1979.  Curiously, when first she saw it in 1954 she admired the work, Somerset Maugham (1874–1965) who was with her at the time noting she “liked the portrait very much” and was much “moved and full of praise for it.”  Her view soon changed.

The better-received May portrait was commissioned this time by the Speaker's Advisory Committee on Works of Art at a cost of Stg£28,000 (in adjusted terms somewhat less than the 1,000 guineas paid in 1954; this time all from the tax payer) and Mrs May (she doesn’t use the title she gained in 2020 upon her husband being knighted (for “political service”) in Boris Johnson’s (b 1964; UK prime-minister 2019-2022) remarkable (and belated) Dissolution Honours List) was reported as saying she thought the portrait a “huge honour”.  When interviewed, the artist said his “…aim was to produce not just a convincing physical likeness, but also a psychological characterization, both individual and yet archetypal - imbued with symbolism and atmosphere.  A good painting needs to be a revelation and also paradoxically, an enigma. It should possess an indefinable quality - in short, a mystery.”

A work of careful composition, critics have found in it influences from the Renaissance and mannerism but it’s most obviously in the spirit of the German expressionists identified with the Weimar Republic and the addition of a convallaria majalis (the "lily of the valley" which flowers in May) was the sort of touch they would have admired.  Interestingly, Mr Dai expressed relief he’d not been asked to render Mr Johnson on canvas which is understandable because while an artist could permit their interpretative imagination free reign and produce something memorable, Mr Johnson over the decades has been a series of living, breathing caricatures and it would be challenge for anyone to capture his “psychological characterization”.  The Weimaresque May in oil on canvas works so well because it’s so at variance with the one-dimensional image of the subject which has so long been in the public mind.  Whether it will change the perception of Mrs May in the minds of many isn’t known but critics have mostly admired the work and views of her premiership do seem to have been revised in the light of the rare displays of ineptitude which have marked the time in office of her three successors.

After Weimar: Der Bannerträger (The Standard Bearer (circa 1936)) oil on plywood by Hubert Lanzinger (1880-1950).  The post card with the inscription Ob im Glück oder Unglück, ob in der Freiheit oder im Gefängnis, ich bin meiner Fahne, die heute des Deutschen Reiches Staatsflagge ist, treu geblieben (Whether in good fortune or misfortune, whether in freedom or in prison, I have remained loyal to my flag, which is now the state flag of the German Reich) was issued in 1939, one of many such uses of the image which depicts Hitler as a knight in shining armor on horseback, bearing a Swastika flag.  As he did whenever a  postage stamp with his image was sold, the Führer received a tiny fee as a royalty; multiplied by millions, he gleaned quite a income from his pictures.  In one of the many examples of the fakery which underpinned Nazism (and fascism in general), Hitler was “terrible on horseback".

Der Bannerträger was an example of the type of art which proliferated in both Nazi Germany and the Soviet Union, works intended to enforce the personality cult around Hitler and comrade Stalin (1878-1953; Soviet leader 1924-1953) and reinforce the messaging of both regimes.  Hitler, although he dutifully acknowledged them when they were presented, really did regard them as a kind of kitsch and although he understood their utility as propaganda pieces, they aroused in him little interest.  What he really liked in a painting was beauty as he defined it and in this his differentiation was something like his views on architecture where the standards imposed on the “functional” varied from his expectations of the “representational”.  Hitler would admire modern architecture rendered in steel & glass if it was being used for a factory or warehouse; there it was a matter of efficiency and improving working conditions but for the public buildings of the Reich, he insisted on classical motifs in granite.  In painting, he distinguished between what was essentially “advertising” and “real” art which the expressionism of the Weimar era certainly was not; the “…sky is not green, dogs are not blue and anyone who paints them as such has a sick mind” was his summary of thought on the Weimar art movement.  His preference was for (1) the Neoclassical which drew inspiration from the Greek and Roman art of Antiquity and his fondness extended not only to the voluptuous female nudes historians like to mention but also to the idealized, heroic figures representing nobility and heroism; with these he identified, (2) realistic landscapes, particularly those of the German countryside at its most lovely, (3) German Academic Realism which produced intricately detailed realistic representations of subjects, (4) depictions from Norse mythology which created a link between the legends and the idealized vision of the Nazi project and (5), traditional portraiture, if realistic and flattering (certainly demanded of the many painted of him).

Women in Weimer art: Margot (1924), oil on canvas by Rudolf Schlichter (1890-1955) (left), Porträt der Tänzerin Anita Berber (Portrait of the Dancer Anita Berber (1925)), oil and tempera on plywood by Otto Dix (1891–1969) (centre) and Bean Ingram (1928), oil on canvas by Herbert Gurschner (1901-1975) (right). 

Books of which the Nazis didn’t approve could be burned and the proscribed music not played but the practical public servants in the finance ministry knew much of the Entartete Kunst (degenerate art) removed from German (and later Austrian) galleries was highly sought by collectors in other countries and valuable foreign exchange was obtained from these sales (some of which in the post-war years proved controversial because of the provenance of some pieces sold then and later; they turned out to have been “obtained” from occupied territories or Jews).  Hitler despised Dadaism, Expressionism, Cubism, and Surrealism and expected others in the Reich to share his view but an exhibition of Entartete Kunst in Munich in 1937 proved an embarrassing one-off for the regime because people from around the country travelled to see it and it was the most attended art show of the Third Reich.  It was Weimar’s revenge.

Heresy

Heresy (pronounced her-uh-see)

(1) Opinion or doctrine at variance with the orthodox or accepted doctrine, especially of a church or religious system.

(2) The maintaining of such an opinion or doctrine.

(3) In Roman Catholic canon law, the wilful and persistent rejection of any article of faith by a baptized member of the church.

(4) Dissent, iconoclasm, dissension.

1175–1225: From Middle English heresie from Old French heresie and Late Latin haeresis (school of thought, philosophical sect) derived from the Greek haíresis (act of choosing, derivative of haireîn (to choose)).  Source of the Greek was haireisthai (take, seize), middle voice of hairein (to choose) of unknown origin but likely derived from the primitive ser (to seize), thought also to be the root of both the Hittite šaru and the Welsh herw, both best translated as “booty".  The modern meaning emerged from the use by early Christian writers who used the literal translation from the Latin (sect or doctrine) to convey their disapproval of unorthodox thoughts or ideas.  The Greek word was used in the New Testament in reference to the Sadducees, Pharisees, and even the Christians, as sects of Judaism, but in English bibles it usually is translated as sect.   The meaning "religious belief opposed to the orthodox doctrines of the Church" evolved in Late Latin and was adopted for non-religious use as early as the late fourteenth century.

The Church of England Rejects Heresy Courts Proposal

Lindsay Lohan offering salvation to a heretic, (Machete (2010)).  The revolver is a Smith & Wesson Model 500 (8.38" barrel; .50 Magnum load)

In mid-1999, in a rare moment of clarity, the Church of England flirted, after a gap of one-hundred and fifty years, with the re-introduction of heresy trials to deal with clergy accused of deviation in matters of doctrine or ritual.  The last heresy trial was in 1847, when the Bishop of Exeter (Henry Phillpotts (1778–1869; Anglican Bishop of Exeter 1830-1869) accused the Reverend George Cornelius Gorham (1787–1857) of being unsound on the doctrine of "baptismal regeneration", Mr Gorham not agreeing a person was cleansed of original sin at baptism and born again into Christ.  Although the Court of Arches agreed with the bishop, on appeal, the Judicial Committee of the Privy Council overturned the ruling which caused a (very Anglican) controversy about whether a secular court should be able to rule on matters of doctrine (as opposed to law or procedure).  Since then clergy and bishops have been (more or less) free to deviate from doctrine without punishment and the Right Reverend David Jenkins (1925-2016), a former Bishop of Durham (1984-1994), famously raised a few eyebrows when he discussed his heterodoxic view on the virgin birth and bodily resurrection of Christ.  The new disciplinary procedure for clergy was to include offences against "doctrine, ritual and the ceremonial" because those who profess atheism or deny the doctrine of the Trinity or the Incarnation “should be disciplined”.

Heretic crooked Hillary Clinton being burned at the stake (digitally altered image).

Although not as well known as other inquisitions, in England, in the sixteenth century Reformation during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547), about 60 heretics were executed.  Heresy laws were repealed in 1547, but reintroduced in 1554 by Mary I (1516–1558; Queen of England and Ireland 1553-1558 & Queen of Spain 1556-1558), under whom about 290 heretics were burned at the stake after the restoration of papal jurisdiction.  Executions of some 180 religious opponents continued under Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) but on grounds of treason rather than heresy although the offence remained on the books.  To the condemned, it must have seemed a tiresome technical distinction.  The last execution of a "heretic" in England occurred in 1612 although technically that was for the offence of blasphemy.  Puritanical, if not quite to the end but certainly for as long as they could, there was one later execution in Scotland in 1697 when Thomas Aikenhead (circa 1676-1697) was accused, inter alia, of denying the doctrine of the Trinity.  In a example of Scottish judicial modernization, Mr Aikenhead was hanged rather than burned at the stake although they retained blasphemy as a capital offence until 1825. 

Unfortunately, after mulling over things for half-a–decade, the General Synod of the Church of England rejected the revival of a heresy court and didn’t, even more regrettably, consider bringing back burnings at the stake.  It seems there were fears the court could be used to enforce a traditionalist view, targeting clergy, who for example, support same-sex marriages or gay clergy, both now apparently matters of greater theological importance than a belief in the resurrection.  That does seem strange given it’s the central tenet of Christianity but that’s clearly become view from both the General Synod and Lambeth Palace.  In an address to the synod, displaying his flair for simultaneously changing the subject and answering a different question than the one asked, then Archbishop of Canterbury, Dr Rowan Williams (b 1950; Archbishop of Canterbury 2002-2012), said it was important for the church “…to be able to speak out against issues like Apartheid.  The question I think we ought to be asking is whether this does or does not serve the integrity or credibility of the church in the long run.  I believe that such a measure can serve the integrity and credibility of the church if we do indeed step back in this way.  It is over twenty years since the World Alliance of Reform Churches declared that the theological justification for Apartheid was a heresy.  It would be, I think a very incredible and inadequate Christian church which did not have the resource to say something like that.”

Pope Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) and Cardinal George Pell (1941-2023) discuss the fate of heretics.

Wednesday, September 20, 2023

Mezzanine

Mezzanine (pronounced mez-uh-neen)

(1) In architecture, a low story between two other stories of greater height in a building, especially when the low story and the one beneath it form part of one composition; an entresol (in general use referred to as “mezzanine” or “mezzanine floor”, most historically between the ground and first levels because so many were added to take advantage of the high ceilings often found in these voids.  A mezzanine is an intermediate floor (occasionally called a “sub-storey” or “demi-storey”) which does not extend over the whole floor-space below and can thus be visualized a kind of (usually large) large balcony overlooking the floor below; many were atop “grand” staircases which were often the focal point of ground floors.

(2) By extension (and used loosely), an apartment, room, restaurant etc on such an intermediate floor.

(3) In theatre (and other performance spaces) design, the lowest balcony or forward part of such a balcony (North American use and known sometimes as the “dress circle”), the seats there usually sold either at a premium or a discount against the “orchestra” seats depending on the structure.

(4) In theatre design, a space under the stage, from which contrivances such as traps are worked (obsolete).

(5) In financial markets, an intermediate stage in a financial process, known variously as “mezzanine funding”, “mezzanine capital”, or “mezzanine debt” (“mezz” the shorthand of traders).

(6) In interior design, an additional layer of flooring, laid over a floor either to raise the height, conceal imperfections or afford protection from water penetration (the latter common in server rooms & farms).

(7) As “mezzanine window”, a a small window at the height of a mezzanine floor or an attic.

(8) In computer hardware, as mezzanine board, the gender-neutral replacement term for the earlier daughter boards (which plugged into motherboards (now the gender neutral system board)

(9) In figurative use, any intermediate or ancillary stage or device (rare except in engineering (engineering) where it’s used to describe things fulfilling an intermediate or secondary function.  Curiously, software engineers & coders seem not to use the term, possibly to avoid confusion with the hardware devices.

1705–1715: From the French mezzanine & its etymon the Italian mezzanino (a low story between two higher ones in a building), from mezzano (middle (adjective) & go-between (noun)) the construct being mezzan(o) (in either sense of “middle”), from the Latin mediānus (median; of the middle) + -ino (the diminutive suffix).  Mezzano was from the Latin adjective mediānus (central, middle), from medius (mid, middle), ultimately from a construct of the primitive Indo-European root médyos or médhyo (middle)) + -ānus (the suffix meaning “of or pertaining to”).  The word was almost exclusive to architects before the early twentieth century when it came to be used on New York’s Broadway to mean “lowest balcony in a theater”, presumably because the use of something so Italianesque might justify charging a premium for the ticket.  The Italian mediānus was an element also in words like mediator (an agent who interposes between two parties), medium (that size between big & small) and medieval (a creation of Modern English from the New Latin medium aevum (the middle age, thus pertaining to or suggestive of the Middle Ages), the construct being medi(ānus) (the middle) + aev(um) (age) + -al (the Latin adjectival suffix appended to various words (often nouns) to make an adjective).  Mezzanine is a noun & adjective and mezzanining & mezzanined are verbs; the noun plural is mezzanines.  Because mezzanine was a particular specification in architecture, historically, adjectives like mezzaninesque or mezzaninish would have been absurd but given the fertile imaginations of those engineering new financial products, they may yet come into vogue.

417 & 419 Venice Way, Venice Beach, Los Angeles, California where, during 2011, Lindsay Lohan lived (in 419 (right)).  This style of construction is sometimes called a “pigeon pair” but these two are only "semi-mirrored" because there are detail differences in the architecture.  Next door (417) lived Ms Lohan's former special friend Samantha Ronson.  Each four bedroom (3½ bathrooms) house included a floating stairway leading to a mezzanine which the property’s agent described as “ideal for a studio or office”.

419 Venice Way: Ground level showing the floating staircase to the mezzanine (left) and the mezzanine (right).

In casual use, many refer to smaller mezzanines as balconies but architects note the latter tend to be installed on a building’s exterior while a mezzanine is inherently an indoor feature.  While the motifs of ether can be used either inside or out, by convention the indoor/outdoor convention of use dictates the choice of nomenclature.  A mezzanine is an intermediate level which is built with a partial floor which doesn’t fully cover the floor and historically many were added between the ground and first levels to take advantage of the high ceilings often found in these voids, many featuring the so-called “grand staircases” which were often the focal point of ground floors.  By contrast, a balcony is an elevated platform typically attached to the upper exterior of a building to provide a space onto which people may sit or stand for a variety of purposes.

Lobby (foyer) of Stamford Plaza Brisbane, Queensland, Australia with the “grand staircase” leading to the mezzanine.  Wedding photographers are especially fond of big staircases because they provide the ideal base for the train of a bride’s dress to fall in a photogenic way.

Penta Mezzanine’s conceptual diagram of mezzanine financing.

The idea of mezzanine financing emerged in the US early in the twentieth century and is a highly variable mechanism involving a hybrid mix of debt and equity, the use of mezzanine in this context reflecting its “middle or intermediate” position between senior debt and equity in the corporate structures.  Mezzanine was a niche in US capital markets until the early post-war years when un-met demand in the gap between conventional (secured) bank loans and equity investment was identified and in the buoyant trans-Atlantic economy of the era it proved ideally suited to the increasingly popular leveraged buyouts (LBOs) and mergers & acquisitions (M&A) because of the flexibility and the acceptance of subordinated forms of capital.  By later standards the use of mezzanine instruments was on a small scale but the techniques developed lad the basis for the boom in corporate financing which flared in the newly deregulated environment of the 1980s and 1990s when the volume LBOs & M&A activity was such that some institutions were able to devote entire divisions to service the market.

Mezzanine financing is now part of financial industry in just about every developed economy and provides a source of capital combines debt and equity, almost always at a higher cost than traditional arrangements so while not regarded as a “last resort” in the way that term in used in banking, the device exists to fill the shortfall (ie the bit “in the middle”) between need and what conventional sources decide is justified by the risk.  Demanding (1) a premium interest rate to provide capital which is subordinated to other debts in the case of liquidation or bankruptcy & (2) taking an equity position are the ways the risk-reward math can be made to work for both parties and mezzanine financing continues to exists because it fulfills a need, thus ensuring there is both supply & demand to sustain the model.