Monday, April 29, 2024

Palliate

Palliate (pronounced pal-ee-yet)

(1) To relieve or lessen (pain, disease etc) without curing or removing; to mitigate; to alleviate.

(2) To attempt to mitigate or conceal the gravity of (conduct (especially as of offenses)) by excuses, reasons, apologies etc; to extenuate.

(3) To cause an offence to seem less serious; some act of concealment.

1490s: From the Late Latin palliāre (to cover up), from palliātus (cloaked, covered), (in Late Latin the past participle of palliare (to cover with a cloak)), from palliāre (to cover up) or pallium (cloak).  Palliate is a verb & adjective, palliation, palliator & pallium are nouns, palliative is a noun & adjective, unpalliated is an adjective, palliated & palliating are verbs and palliatively is an adverb; the common noun plural is palliatives.

Palliate is one of those words in English which has become mostly overwhelmed by the associative meaning of a derived form. Palliative medicine (or palliative care) is a branch of medicine which focuses on those terminally ill (usually with months, at the most, to live) by providing pain relief and attempting to allowing the dying to enjoy the best possible quality of life.  The alternative industry is that of voluntary euthanasia (the so-called right-to-die movement) which is now permitted and regulated by legislation in many jurisdictions.  Palliative medicine gained the name from the idea of the use of “palliatives”, drugs which provide pain relief for those for whom there is no possibility of a cure.  In that sense, the treatment regime “cloaks rather than cures” and expectations are limited to concealment of the consequences of the condition.  Although such practices (along with euthanasia, voluntary and not) had been part of medical practice for centuries, it was in the 1960s it came to be recognized as a discipline and a structural part of (or adjunct to depending on the jurisdiction) the hospital industry, and there are both academic courses in the subject and peer-reviewed journals such as the European Association for Palliative Care’s (EAPC) Palliative Medicine, published since 1987.  Although On Death and Dying (1969) by Swiss-American psychiatrist Elisabeth Kübler-Ross (1926–2004) is sometimes cited as the intellectual impetus for emergence, it happened really because of the mid-century advances in hygiene, nutrition, pharmaceuticals & surgical techniques and the extension of medical services in the welfare states which extended life-spans but not necessarily wellness, thus the increasing population of those terminally ill and in need of care.  The ability to prolong life (sometimes for decades) of someone in a debilitated condition, combined with the social changes which had seen the decline in numbers of extended family living arrangements, meant a substantially public-funded industry needed to evolve.

Cloaked for the occasion: Lindsay Lohan in appropriate Grim Reaper mode, fulfilling a court-mandated community service order at LA County Morgue, October 2011.

That has meant the word has faded from some of its historic uses.  In law, it used to be part of the language of courtrooms, defense counsel attempting to palliate the conduct of their client in the hop the just or jury would view the alleged act less harshly and deliver a verdict less severe.  That sense came into use in seventeenth century England and in courtrooms it described attempts to cover or disguise the seriousness of an offence by reasons (fanciful & not), excuses (plausible & not) or apologies (sincere & not).  In legal use, palliate has been replace by mitigation (a plea assembling reasons why conduct should be regarded more favourably than it may appear and be thus awarded with a lesser sentence), from the Middle French mitigation, from the Latin mitigation from mītigātus (softened, pacified).  The companion term is exculpation which etymologically and legally is unrelated both to palliate & mitigate.  Exculpate was from the Medieval Latin exculpātus, the perfect passive participle of exculpō, from the Latin ex culpa, the construct being ex- (out, from) + culpa (fault; blame (and familiar in Modern English as “culpability”)).  Whereas a plea of palliation or in mitigation was entered in the context of asking certain matters be considered so a guilty party may receive a lesser punishment, an successful exculpation exonerates the accused.  The lawyers in the 1630s picked-up and adapted palliate’s earlier meaning.  In the fifteenth century, true to the Latin origin derived from “a cloak”, it was used to mean “to relieve the symptoms of; to ameliorate” the sense (concealing the symptoms) to which palliative medicine would in the 1960s return.  This use was extended by the mid-1500s to become a general way to “conceal, hide or disguise” and was used widely in fields such as tailoring, architecture, landscaping, interior decorating and anywhere else where techniques of illusion were valued.

Many of the artistic depictions of scenes from Antiquity are probably at least misleading (no epoch has ever been so idealized) but one aspect of the fashions seems usually faithfully to have reflected what really was: the garb of the physicians, philosophers and teachers which was a woollen cloak, draped over the left shoulder and wrapped around the body; the Romans called it a pallium and it was the stage garment also of the hetaerae (plural of hetaera (in Ancient Greece, a high-price escort of some beauty & culture who entertained upper-class men with company, conversation and other services; they're sometimes referred to as courtesans but this can be misleading and a more accurate modern comparison is probably with the business model of the “sugar-babe”)).

Appreciative audience: Phryne revealed before the Areopagus (1861), oil on canvas by Jean-Léon Gérôme (1824-1904), Hamburger Kunsthalle, Hamburg.

The painting depicts Phryne (circa 371-320 BC), a legendarily beautiful hetaera of Ancient Greece, on trial before the Areopagus (from the Ancient Greek Ἄρειος Πάγος (Áreios Págos (literally “Rock of Ares”)) which during some periods in classical times functioned as the final appellate court (both civil & criminal matters) in Athens.  As a deliberative body, the Areopagus (it picked up the name from the location where the sittings were conducted) may also at times have been a legislative (or at least an advisory) assembly something like a senate.  The comparison with the UK's House of Lords in its historic role as both the (upper) house of review is sometimes made because of the dual function as both a legislative body and a final court of appeal but the history of the role of the Aeropagus in law-making is sketchy and as a judicial organ it seems also to have sat as a whole, never restricting (as the Lords eventually did) the judicial hearings to committees of those with appropriate legal experience.

Defended (and by dubious legend not very well) by the speech-writer Hypereides (circa 390–322 BC), she was arraigned before the Areopagus on a charge of Asebeia (a criminal indictment alleging impiety, something like blasphemy towards the divine objects and perhaps an occupation risk in her profession and the charge appears to have been brought by a jilted and vengeful ex) and the most told tale of the trial is that acquittal was secured when she bared her breasts to those assembled to judge.  Depending on which imaginative medieval scribe was writing, either her counsel pulled the pallium from her body or she disrobed herself although all agree the unusual legal tactic was resorted to because the defence was going not well.  The famous legal critique of the Roman writer Marcus Fabius Quintilianus (circa 35-circa 100), the verdict was secured “non Hyperidis actione... sed conspectus corporis” (not by Hypereides' pleading, but by the sight of her body") and as a gesture it wasn’t unknown in Athenian culture.  Although the trial and acquittal (by a majority vote) are uncontested history, whether the “boobs offered in mitigation” ever happened is at least suspect but if true, it’s not surprising the venerable gentlemen judging her were impressed because she also modelled her nude form for the sculptor Praxiteles who based his Aphrodite of Knidos on those sessions.  In the late eighteen century, something of a Phryne cult formed among European artists although what is history and what myth in the stories of her illustrious career is mostly uncertain although there’s no doubt she’d often have worn a pallium.

Containing bilberry, witch hazel, mangosteen, sage, rosemary, calendula, rose flower, sea buckthorn, lemon grass, grapefruit, nettle & Iceland moss, Life Roots' Palliate Cream is advertized as an agent to (1) moisturize, (2) reduce inflammation & (3) protect against dryness.  This would suggest the product is thought something which genuinely improves the state of the skin, rather than just “papering over the cracks” (as some skin-care products unashamedly are).  The phrase “to paper over the cracks” is a particular sense of palliation meaning “to use a temporary expedient; to create the semblance of order or agreement; temporarily to conceal problems”.  The phrase (in English translation) is attributed to the Prussian statesman Otto von Bismarck (1815-1989; Chancellor of the German Empire 1871-1890) who used the equivalent German expression in a letter dated 14 August 1865 during the negotiations of the Convention of Gastein (1865), a treaty between Austria and Prussia which temporarily would postpone the onset of the Austro-Prussian War (1866) and can thus be thought a prelude to the wars and the subsequent system of intricately interlocked treaties which would be the framework of the Bismarckian form of Reichism: “We are working eagerly to preserve the peace and to cover the cracks in the building.”  Under Bismarck, the stresses inherent in the structure were contained but in the hands of hiss less able successors, the forces became unleashed and consumed the continent ending the rule of four dynastic empires.  Still, “papering over the cracks” remains often the way politics is done, usually the way coalitions are formed and of late, a new flavor of the technique has emerged: Benjamin Netanyahu (b 1949; Israeli prime minister 1996-1999, 2009-2021 and since 2022) doesn’t care if people see the cracks through the paper.

Sunday, April 28, 2024

Ghost

Ghost (pronounced gohst)

(1) The soul of a dead person, a disembodied spirit imagined, usually as a vague, shadowy or evanescent form, as wandering among or haunting living persons.

(2) A mere shadow or semblance; a trace; a remote possibility; a faint trace or possibility of something.

(3) A spiritual being; the principle of life; soul; spirit (sometimes initial capital letter).

(4) A secondary image, especially one appearing on a television screen as a white shadow, caused by poor or double reception or by a defect in the receiver (also called ghosting).

(5) In photography, a faint secondary or out-of-focus image in a photographic print or negative resulting from reflections within the camera lens (also called ghost image).

(6) In optics, a series of false spectral lines produced by a diffraction grating with unevenly spaced lines.

(7) In metalworking, a streak appearing on a freshly machined piece of steel containing impurities.

(8) In pathology, a red blood cell having no hemoglobin.

(9) In tax-avoidance and other frauds, a fictitious employee, business etc, fabricated especially for the purpose of manipulating funds.

(10) In literature (and especially quasi-literature), as ghost-write, to write a book, speech etc for another often without attribution.

(11) In engraving, to lighten the background of a photograph before engraving.

(12) In informal use (often associated with social media), suddenly to end all contact with a person without explanation, especially a romantic relationship; to leave a social event or gathering suddenly without saying goodbye.

(13) In digital technology, to remove comments, threads, or other digital content from a website or online forum without informing the poster, keeping them hidden from the public but still visible to the poster.

(14) In bibliography, as ghost edition, an entry recorded in a bibliography of which no actual proof exists.

Pre 900: From the Middle English gost, gast & goost (breath; good or bad spirit, angel, demon; person, man, human being", in Biblical use "soul, spirit, life”), from the Old English gāst (breath, soul, spirit, ghost, being), related to the Old High German gaist & geist (spirit) and the Sanskrit hēda (fury, anger).  The Proto-West Germanic gaist was derived from the Proto-Germanic gaistaz (ghost, spirit, (source also of the Old Saxon gest, the Old Frisian jest, the Middle Dutch gheest, the Dutch geest & the German Geist (spirit, ghost))), from the primitive Indo-European ǵhéysd-os, from ǵhéysd- (anger, agitation) and was cognate with the Scots ghaist (ghost), the Saterland Frisian Gäist (spirit), the West Frisian geast (spirit), the Dutch geest (spirit, mind, ghost), the German Geist (spirit, mind, intellect), the Swedish gast (ghost), the Sanskrit हेड (a), (anger, hatred) and the Persian زشت‎ (zešt) (ugly, hateful, disgusting).  There’s no documentary evidence but the ultimate root is conjectured to be the primitive Indo-European gheis-, used in forming words involving the notions of excitement, amazement, or fear (source also of Sanskrit hedah (wrath), the Avestan zaesha- (horrible, frightful), the Gothic usgaisjan and the Old English gæstan (to frighten).  Ghost is a noun & verb (and used imaginatively as an adjective), ghoster is a noun, ghostly & ghosty are adjectives, ghosting is a noun & verb and ghosted is a verb & adjective; the noun plural is ghosts.

Ghost is the English representative of West Germanic words for "supernatural being" and in Christian writings in Old English it was used to render the Latin spiritus, a sense preserved by the early translators of the Bible in “Holy Ghost”.  The sense of a "disembodied spirit of a dead person", especially imagined as wandering among the living or haunting them, is attested from the late fourteenth century, a meaning-shift which returned the word to what was its probable prehistoric sense.  Most Indo-European words for "soul or spirit" also double with reference to supernatural spirits.  Many have also a base sense of "appearance" (the Greek phantasma; the French spectre; the Polish widmo, from Old Church Slavonic videti (to see), the Old English scin, the Old High German giskin (originally "appearance, apparition”), related to the Old English scinan & the Old High German skinan (to shine)).  Other concepts exist, including the French revenant (literally "returning" (from the other world)), the Old Norse aptr-ganga, (literally "back-comer") & the Breton bugelnoz (literally "night-child”).  The Latin manes (spirits of the dead) was probably a euphemism.

The gh- spelling appeared early in the fifteenth century in Caxton, influenced by Flemish and Middle Dutch gheest, but was rare in English before mid-1500s.  The sense of a "slight suggestion, mere shadow or semblance" (as in ghost image, ghost of a chance etc) is noted from the 1610s; the sense of "one who secretly does work for another" is from 1884 and ghost-write was a 1922 back-formation from the earlier (1919) ghost-writing.  The American Indian ghost dance was first noted in 1890, ghost town is from 1908, ghost story dates from 1811, the now extinct ghost-word (apparent word or false form in a manuscript due to a blunder) is from 1886.  The “ghost in the machine” was English philosopher Gilbert Ryle's (1900-1976) 1949 description of René Descartes' (1596-1650) mind-body dualism and the phrase "to give up the ghost" (to die or prepare to die) was well-known in Old English.  Synonyms include phantom, devil, demon, soul, shadow, spectre, vision, vampire, apparition, revenant, appearance, haunt, visitor, shade, spook, poltergeist, phantasm, wraith, daemon & manes.  There are a surprising number of uses of ghost, ghosted, ghosting etc said to be associated modern or internet slang covering fields as diverse as linguistic techniques and the art & science of smoking weed.  However, the most commonly used describes someone with whom one has been in contact suddenly stops responding, disappearing, as it were, like a ghost.  This can happen in conjunction with unfriending etc but can be an act in isolation.

One day, there may be Lindsay Lohan: The autobiography.

Ghostwriters (also as ghost-writer) are professional writers hired to create content (books, columns, posts or any other text-focused item), the authorship of which will ultimately will be credited to another.  Ghostwriters are used for a number of reasons including constraints of time, a lack of interest in the project (though not the profits) or, typically, a lack of the necessary skill with the written word.  Ghostwriting contracts can vary but focus on including terms of payment, non-disclosure of involvement, the notional author’s exercise of veto over all or some of the content and the rights to the finished work.  Donald Trump (b 1946; US president 2017-2021) is known to have used ghostwriters on several occasions and the arrangements are not always concealed, Paris Hilton (b 1981) in her 2023 memoir's acknowledgments thanking the ghostwriter who “helped me find my voice”.  Mr Trump made no mention of his ghostwriters.    

Holy Ghost vs Holy Spirit in Blblical Translation

Pentecostés (Descent of the Holy Spirit) (circa 1545), oil on canvas by Tiziano Vecelli (or Vecellio), (circa 1489-1576; known in English as Titian), basalica of Santa Maria della Salute, Venice.

The Trinity is one of Christianity’s central doctrines, the unity of Father, Son, and Holy Spirit as three persons in the one Godhead.  One of the most important Christian affirmations about God, it’s rooted in the idea God came to meet Christians in a threefold figure: (1) as Creator, Lord of the history of salvation, Father, and Judge, as revealed in the Old Testament; (2) as the Lord who, in the incarnated figure of Jesus Christ, lived among human beings and was present in their midst as the “Resurrected One”; and (3) as the Holy Spirit, whom they experienced as the helper or intercessor in the power of the new life.  In the Roman Catholic Church, the Sign of the Cross is made in the name of the Father and of the Son and of the Holy Spirit.

It’s a myth that prior to the Second Vatican Council (Vatican II; 1962-1965), the Third Person of the Trinity was always referred to in English as the Holy Ghost and one of the council’s decisions was to replace this with Holy Spirit.  Although it’s true Pope Pius XII (1876–1958, pope 1939-1958) authorized several bilingual rites which included Holy Spirit, this was merely procedural and a formalization of processes for the publishing of new editions of existing works. Well before the twentieth century, the shift to Holy Spirit had become almost universal in translation although use of the older form persisted because of the reverence for tradition among some congregations (if not always the clergy) and a fondness, particularly in the Anglican community, for earlier translations, especially the Book of Common Prayer (1549-1622) and the King James version of the Bible (KJV: 1611).

The change reflects the evolution of words. In the theological context, Holy Ghost and Holy Spirit mean exactly the same thing.  The early translators were influenced by ghost being of Germanic origin and, as the Old English gast inherited the original meaning “soul, life, breath, good or bad spirit, angel or demon”, they used gast to translate the Latin Spiritus, thus Holy Ghost.  Although the more modern sense of a disembodied dead person dates from the late fourteenth century, it long remained rare and when translating the Bible into English the scholars behind the KJV opted mostly to use Holy Ghost which enjoys ninety entries compared with seven for Holy Spirit.  Either as literature or theology, there’s nothing in the texts to suggest any difference of meaning between the two, the conclusion of biblical scholars being the choices were wholly arbitrary and probably an unintentional consequence of the KJV being translated from the Greek into English by different committees.  One committee translated hagion pneuma as Holy Spirit while the other preferred Holy Ghost and when the work of the two bodies was combined, the differences remained.  In English, the meaning shift of ghost was induced essentially by its adoption in literature and popular culture, the sense long universally understood to be that of the spectre of a deceased person or a demonic apparition, hardly an association the church found helpful.  It hasn’t wholly been replaced however, some editions of the Book of Common Prayer still are printed with the phrase “He may receive the benefits of absolution, together with ghostly counsel and advice, to the quieting of his conscience.”

Unrelated to etymological matters however, there is one fine theological point about the Trinity.  It took some time for the Patristic Fathers (the early Christian writers of the period generally considered to run from the end of New Testament times or end of the Apostolic Age (circa 100 AD) to either the Council of Chalcedon (451 AD) or the Second Council of Nicaea (787 AD)) to work out the Trinity was three persons, but one God.  The Old Testament foretold the visit to earthly life of the Messiah, but did not name him explicitly as Jesus, seeing the Holy Spirit as a manifestation of God, but did not see Him as a separate person of the one Godhead.  Despite the implications of that, at least since Augustine (354–430), it’s never been an orthodox view the Old Testament should be thought incomplete.  Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022), always one to find a fine theological point, noted “Christians do not read the Old Testament for its own sake but always with Christ and through Christ, as a voyage to Truth through continuing Revelation.”

A century apart: Rolls-Royce Silver Ghost (left) and Paris Hilton's Rolls-Royce Ghost (Right).

The Rolls-Royce Silver Ghost (1906-1926) was the car which cemented the company's reputation and sometime during its production, it may well have deserved to be regarded "the best car in the world", at term which long ago ceased to be useful but Rolls-Royce have probably always deserved to be thought "the best-made cars in the world".  Some might have matched the quality of the fit and finish but it's doubtful any have ever done it better and such was the reputation the Silver Ghost quickly gained that the name overtook the line.  Originally, the Silver Ghost had been but one model in a range available on their standard (40/50 hp) chassis but the name so captured the public imagination that eventually, the factory relented and when the first of the Phantom line was release in 1926, Silver Ghost for all the 40/50 cars it became.  Perhaps surprisingly, although in the subsequent century there were many uses of the "silver" adjective (Silver Wraith, Silver Dawn, Silver Cloud, Silver Shadow, Silver Spirit, Silver Spur & Silver Seraph), it wasn't until 2009 the "Ghost" name was revived and it remains in production still, the line augmented in 2011 by the Ghost Extended Wheelbase (EWB).

RAF Rolls-Royce Silver Ghost armored car, Iraq, circa 1936.

The Silver Ghost also had what may seem an improbable career as a military vehicle, the factory eventually building 120 armored cars on the chassis which was famously robust because of the need to survive on the often rough roads throughout the British Empire.  Although the period of intended service on the Western Front was shortened when the war of movement anticipated upon the outbreak of hostilities soon gave way to the effectively static trench warfare, the machines proved ideally suited to operations in the Middle East, the most famous the squadron used by TE Lawrence (Lawrence of Arabia; 1888–1935) in battles against the Ottoman forces during World War I (1914-1918).  Lawrence remarked the Rolls-Royces were “more valuable than rubies” in desert combat and that he’d be content with one for the rest of his life were it to be supplied with tyres and petrol, the big, heavy Ghosts chewing rapidly through both.  In many parts of the empire, numbers of the armoured cars remained in service well into the 1930s, valued especially by the Raj in India.  The last one was retired from service with the Irish Free State in 1944, new tyres being unobtainable.

Saturday, April 27, 2024

Molyneux

Molyneux (pronounced mol-un-ewe)

(1) A habitational surname of Norman origin, almost certainly from the town of Moulineaux-sur-Seine, in Normandy.

(2) A variant of the Old French Molineaux (an occupational surname for a miller).

(3) An Anglicized form of the Irish Ó Maol an Mhuaidh (descendant of the follower of the noble).

(4) In law in the state of New York, as the “Molineux Rule”, an evidentiary rule which defines the extent to which a prosecutor may introduce evidence of a defendant’s prior bad acts or crimes, not to show criminal propensity, but to “establish motive, opportunity, intent, common scheme or plan, knowledge, identity or absence of mistake or accident.”

(5) In philosophy, as the “Molyneux Problem”, a thought experiment which asks:”If someone born blind, who has learned to distinguish between a sphere and a cube by touch alone, upon suddenly gaining the power of sight, would they be able to distinguish those objects by sight alone, based on memory of tactile experience?”

Pre 900: The French surname Molyneux was from the Old French and is thought to have been a variant of De Molines or De Moulins, both linked to "Mill" (Molineaux the occupational surname for a miller) although the name is believed to have been habitation and form an unidentified place in France although some genealogists have concluded the de Moulins came from Moulineaux-sur-Seine, near Rouen, Normandy.  Despite the continental origin, the name is also much associated with various branches of the family in England and Ireland, the earliest known references pre-dating the Norman Conquest (1066).  The alternative spelling is Molineux.

The "Molyneux Problem" is named after Irish scientist and politician William Molyneux (1656–1698) who in 1688 sent a letter to the English physician & philosopher John Locke (1632–1704), asking: Could someone who was born blind, and able to distinguish a globe and a cube by touch, be able to immediately distinguish and name these shapes by sight if given the ability to see?  Obviously difficult to test experimentally, the problem prompted one memorable dialogue between Locke and Bishop George Berkeley (1685–1753 (who lent his name, pronounced phonetically to the US university) but it has long intrigued those from many disciplines, notably neurology and psychology, because sight is such a special attribute, the eyes being an outgrowth of the brain; the experience of an adult brain suddenly being required to interpret visual input would be profound and certainly impossible to imagine.  Philosophers since Locke have also pondered the problem because it raises issues such as the relationship between vision and touch and the extent to which some of the most basic components of knowledge (such as shape) can exist at birth or need entirely to be learned or experienced.

The Molineux Rule in the the adversarial system 

The Molineux Rule comes from a decision handed down by the Court of Appeals of New York in the case of People v Molineux (168 NY 264 (1901)).  Molineux had at first instance been convicted of murder in a trial which included evidence relating to his past conduct.  On appeal. the verdict was overturned on the basis that as a general principle: “in both civil and criminal proceedings, that when evidence of other crimes, wrongs or acts committed by a person is offered for the purpose of raising an inference that the person is likely to have committed the crime charged or the act in issue, the evidence is inadmissible.”  The rationale for that is it creates a constitutional safeguard which acts to protect a defendant from members of a jury forming an assumption the accused had committed the offence with which they were charged because of past conduct which might have included being accused of similar crimes.  Modified sometimes by other precedent or statutes, similar rules of evidentiary exclusion operate in many common law jurisdictions.  It was the Molineux Rule lawyers for former film producer Harvey Weinstein (b 1952) used to have overturned his 2020 conviction for third degree rape.  In a 4:3 ruling, the court held the trial judge made fundamental errors in having “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose.” and therefore the only ...remedy for these egregious errors is a new trial.

Harvey Weinstein and others.

Reaction to the decision of the appellate judges was of course swift and the opinion of the “black letter” lawyers was the court was correct because “…we don't want a court system convicting people based on testimony about allegations with which they’ve not been charged.”, added to which such evidence might induce a defendant not to submit to the cross-examination they’d have been prepared to undergo if only matters directly relevant to the charge(s) had been mentioned in court.  Although the Molineux Rule has been operative for well over a century, some did thing it surprising the trial judge was prepare to afford the prosecution such a generous latitude in its interpretation but it should be noted the Court of Appeal divided 4:3 so there was substantial support from the bench that what was admitted as evidence did fall within what are known as the “Molineux exceptions” which permit certain classes of testimony in what is known as “character evidence”.  That relies on the discretion of the judge who must weigh the value of the testimony versus the prejudicial effect it will have on the defendant.  In the majority judgment, the Court of Appeal made clear that in the common law system (so much of which is based on legal precedent), if the trial judge’s decision on admissibility was allowed to stand, there could (and likely would) be far-reaching consequences and their ruling was based on upholding the foundations of our criminal justice system in the opening paragraphs: "Under our system of justice, the accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality. It is our solemn duty to diligently guard these rights regardless of the crime charged, the reputation of the accused, or the pressure to convict."

The strict operation of the Molineux Rule (which this ruling will ensure is observed more carefully) does encapsulate much of the core objection to the way courts operate in common law jurisdictions.  The common law first evolved into something recognizable as such in England & Wales after the thirteenth century and it spread around the world as the British Empire grew and that included the American colonies which, after achieving independence in the late eighteenth century as the United States of America, retained the legal inheritance.  The common law courts operate on what is known as the “adversarial system” as opposed to the “inquisitorial system” of the civil system based on the Code Napoléon, introduced in 1804 by Napoleon Bonaparte (1769–1821; leader of the French Republic 1799-1804 & Emperor of the French from 1804-1814 & 1815) and widely used in Europe and the countries of the old French Empire.  The criticism of the adversarial system is that the rules are based on the same principle as many adversarial contests such as football matches where the point of the rules is to ensure the game is decided on the pitch and neither team has any advantage beyond their own skill and application.

That’s admirable in sport but many do criticize court cases being conducted thus, the result at least sometimes being decided by the skill of the advocate and their ability to persuade.  Unlike the inquisitorial system where the object is supposed to be the determination of the truth, in the adversarial system, the truth can be something of an abstraction, the point being to win the case.  In that vein, many find the Molineux Rule strange, based on experience in just about every other aspect of life.  Someone choosing a new car, a bar of chocolate or a box of laundry detergent is likely to base their decision from their knowledge of other products from the same manufacturer, either from personal experience or the result of their research.  Most consumer organizations strongly would advise doing exactly that yet when the same person is sitting on a jury and being asked to decide if an accused is guilty of murder, rape or some other heinous offence, the rules don’t allow them to be told the accused has a history of doing exactly that.  All the jury is allowed to hear is evidence relating only to the matter to be adjudicated.  Under the Molineux Rule there are exceptions which allow “evidence of character” to be introduced but as a general principle, the past is hidden and that does suit the legal industry which is about winning cases.  The legal theorists are of course correct that the restrictions do ensure an accused can’t unfairly be judged by past conduct but for many, rules which seem to put a premium on the contest rather than the truth must seem strange.

Friday, April 26, 2024

Atlas

Atlas (pronounced at-luhs (U) or At-lass (non-U))

(1) A bound collection of maps, named after the Greek god. Since the sixteenth century, pictures of Atlas and his burden have been used as decorations on maps.

(2) A detailed visual conspectus of something of great and multi-faceted complexity, with its elements splayed so as to be presented in as discrete a manner as possible whilst retaining a realistic view of the whole.  Most associated with anatomy, especially of the human body, it’s long been used to describe detailed collections of drawings, diagrams etc of any subject.

(3) In anatomy, the top or first cervical vertebra of the neck, supporting the skull and articulating with the occipital bone and rotating around the dens of the axis.

(4) In stationery, a size of drawing or writing paper, 26 × 33 or 34 inches (660 x 838 or 864 mm); in some markets sold in a 26 x 17 inch (660 x 432 mm) form.

(5) In architecture, a sculptural figure of a man used as a column; also called a telamon (plural telamones or telamons) or atlant, atlante & atlantid (plural atlantes).

(6) A mountain range in north-west Africa.

(7) In classical mythology, a Titan, son of Iapetus and brother of Prometheus and Epimetheus, condemned for eternity to support the sky on his shoulders as punishment for rebelling against Zeus: identified by the ancients with the Atlas Mountains.

(8) A very strong person or who supports a heavy burden; a mainstay.

(9) In rocketry, a liquid-propellant booster rocket, originally developed as the first US intercontinental ballistic missile (ICBM), used with Agena or Centaur upper stages to launch satellites into orbit around the earth and send probes to the moon and planets; also used to launch the Mercury spacecraft into Earth orbit.

(9) in military use (US rocketry) & astronautics, the SM-65, an early ICBM (inter-continental ballistic missile), re-purposed as the launch platform for orbital vehicles (satellites) and later used with Agena or Centaur upper stages to send probes to the moon and planets; also used to launch the Mercury spacecraft into Earth orbit.

(10) In astronomy, a small satellite of Saturn, discovered in 1980.

(11) In astronomy, a crater in the last quadrant of the moon.

(12) In astronomy, a triple star system in the Pleiades open cluster (M45) also known as 27 Tauri.

(13) In psychiatry, as Atlas personality, a term used to describe the personality of someone whose childhood was characterized by excessive responsibilities.

(14) As the ERA Atlas, the original name for the UNIVAC 1101 computer, released in 1950.

(15) In differential geometry & topology, a family of coordinate charts that cover a manifold.

(16) A rich satin fabric (archaic).

1580-1590: From the Latin Atlas, from the name of the Ancient Greek mythological figure τλας (Átlas) (Bearer (of the Heavens)), from τλναι (tlênai) (to suffer; to endure; to bear).  The traditional translation of the Greek name as "The Bearer (of the Heavens)" comes from it construct: a- (the copulative prefix) + the stem of tlenai (to bear), from the primitive Indo-European root tele- (to lift, support, weigh) but some etymologists suggest the Berber adrar (mountain) as a source and argues it’s at least plausible that the Greek name is a "folk-etymological reshaping" of this. Mount Atlas, in (then) Mauritania, featured in the cosmology of Ancient Greece as a support of the heavens.  Atlas had originally been the name of an Arcadian mountain god before being transferred to the mountain chain.  In Arabic script atlas was أَطْلَس‎ and Atlas Mountains جِبَال ٱلْأَطْلَس, Romanized as jibāl al-ʾalas.  The Atlas mountain range lies in north-west Africa and separates the Mediterranean and Atlantic coastlines from the Sahara.  The noun plural is atlases for the collection of maps and atlantes for the architectural feature.  Atlas is a noun and atlas-like is an adjective; the noun plural is atlases.  When used as a proper noun to refer to the figure of mythology, it's with an initial capital.

The first use of the word atlas (in English translation) in the sense of a "collection of maps in a volume" is thought to have the 1636 edition of the 1595 Atlas Sive Cosmographicae Meditationes de Fabrica Mundi et Fabricati Figura (Atlas or cosmographical meditations upon the creation of the universe, and the universe as created) by Flemish geographer & cartographer Gerhardus Mercator (1512-1594).  An impression of the Titan Atlas holding the globe was imprinted on the frontispiece and many subsequent atlases followed, creating a tradition which has endured until today. Mercator died prior to publication of the atlas, the first edition of which he had already largely complied and assembled; the final editing was undertaken by his son who would also pursue a career in cartography.

The adjective (resembling or pertaining to Atlas) was atlantean which from 1852 extended to “pertaining to Atlantis".  The mythical island (even sometimes a continent) become widely known in Europe only after circa 1600 after translations of Plato’s Timaeus and Critias (both written circa 360 BC) became available.  Even then, like some previous medieval scholars who knew the texts, many thought regarding Plato as a historian as dubious and considered Atlantis entirely an invention, a device used to illustrate a political cautionary tale.  Still, given a long history of earthquakes and sea-level rise since the last peak of the ice-age (in which we’re still living), it’s not impossible there are buried settlements which would, by the standards of the time, have been thought large.  The Greek Atlantis (literally "daughter of Atlas”), is a noun use of the feminine adjective from Atlas (stem Atlant).

A brace of Atlantes at the tomb of Louis Phélypeaux (1598–1681), seigneur de La Vrillière, marquis de Châteauneuf and Tanlay (1678), comte de Saint-Florentin, church of Saint Martial of Châteauneuf-sur-Loire.

In European architectural sculpture, an atlas (also known as an atlant, atlante & atlantid (plural atlantes)), was a (usually decorative) support sculpted in the form of a man and either part of or attached to a column, a pier or a pilaster.  The Roman term was telamon (plural telamones or telamons), from a later mythological hero, Telamon, one of the Argonauts, the father of Ajax.  Pre-dating the alantes in Classical architecture was the caryatid, an exclusively female form where the sculpture of a woman stands with each pillar or column.  Usually in an Ionic context, they were traditionally represented in association with the goddesses worshiped in the temples to which they were attached and rarely were they full-length forms, usually crafted as a conventional structural member below the waist, assuming the female lines above.  One difference between the male and female renderings was the atlantes often bore expressions of strain or had limbs bent by the effort of sustaining their heavy load.  The caryatids were almost always purely decorative and carved to show a nonchalant effortlessness.

Tower of the Koutoubia Mosque (1943), oil on canvas by Sir Winston Churchill (1974-1965).

In January 1943, Winston Churchill (1874-1965; UK prime-minister 1940-1945 & 1951-1955) and Franklin Roosevelt (1882-1945; US president 1933-1945) met at Casablanca to discuss Allied political and military strategy.  One of the critical meetings of the war and one which tends to be neglected compared with the later tripartite conferences (which included Comrade Stalin (1878-1953; leader of the USSR 1924-1953) at Tehran, Yalta and Potsdam, it’s remembered for a statement which emerged almost casually at the end of the ten day session: that Germany, Italy and Japan must surrender unconditionally.  The phrase "unconditional surrender" came from the president and surprised many (including Churchill) and it proved a gift for the ever-active Nazi propaganda machine. 

Churchill prevailed on the president to stay another day before returning to Washington DC, insisting one couldn’t come all the way to Morocco without visiting Marrakech and seeing the sun set over the Atlas Mountains.  They stayed at the Villa Taylor on 24 January and the next day, after the American delegation had departed, the prime-minister painted his view of the Tower of the Koutoubia Mosque, framed by the Atlas Mountains.  He’d visited Marrakech during the 1930s and completed several paintings but this was the only one he would paint during the war.  It was sent it to Roosevelt, as a present for his birthday on 30 January.  Churchill was a keen amateur painter, even having published Painting as a Pastime (1922) but never rated his own skills highly, often when speaking with other amateurs cheerfully admitting their work was better but he did think the 1943 effort was “a cut above anything I have ever done so far”.  He would have been surprised to learn that on 1 March 2021, Tower of the Koutoubia Mosque sold at auction at Christie’s in London for Stg£8,285,000 (US$11,194,000).

The Farnese Atlas (left) which historians concluded was a Roman copy (circa 150 AD) in marble of (second century BC) work typical of the style of the Hellenistic period.  It depicts Atlas holding the world on his shoulders and is the oldest known representation of the celestial spheres and classical constellations, Napoli, Museo archeologico nazionale (National Archaeological Museum, Naples, Italy).  Lindsay Lohan (right) reprises the look in an aqua swimsuit, Mykonos, Greece, July 2017.

After the war Churchill was amused to read that but for a misunderstanding, he may never have got to paint in Morocco at all.  The wartime meetings of the leaders were all top-secret but in something of a coup by North African agents of the Abwehr (the German military-intelligence service 1920-1944), the details of the meeting at Casablanca were discovered and Berlin was advised to consider a bombing mission.  Unfortunately for the Abwehr, the decoders translated “Casablanca” literally as “White House” and the idea of any action was dismissed because the Germans had no bomber capable of reaching the US.  Casablanca had originally been named Dar al-Baiā (دار البيضاء (House of the White) in the Arabic, later renamed by the Portuguese as Casa Branca before finally being Hispanicized as "Casablanca".

Group photograph of the political leaders with the Combined Chiefs of Staff Committee, Casablanca Conference, Morocco, 14-24 January 1943.  It was at this conference the president unexpectedly announced the allied demand for "unconditional surrender" by the Axis powers and historians have since debated the political and military implications, one theory being it was something which mitigated against the possibility of any attempt within Germany to depose Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945).

Sitting: Franklin Delano Roosevelt (FDR, 1882–1945, US president 1933-1945) (left); Sir Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) (right).

Standing, left to right (retirement ranks used): General Brehon B Somervell (1892–1955; head of US Army Service Forces 1942-1946); General of the Air Force Henry H "Hap" Arnold (1886–1950; head of US air forces 1938-1947); Fleet Admiral Ernest J King (1878–1956; US Chief of Naval Operations 1944-1945); General Lord (Hastings "Pug") Ismay (1887–1965; chief of staff to the prime-minister in his capacity as minister of defence 1940-1965); General of the Army George C Marshall (1880–1959; US Army chief of staff 1939-1945); Admiral of the Fleet Sir Dudley Pound (1877–1943; First Sea Lord 1939-1943); Field Marshal Lord Alanbrooke (1883–1963; Chief of the Imperial General Staff (CIGS) 1941-1946); Marshal of the Royal Air Force Lord (Charles "Peter") Portal (1893–1971; Chief of the RAF Air Staff 1940-1945); Admiral of the Fleet Lord (Louis) Mountbatten (1900–1979; First Sea Lord 1955-1959).

Thursday, April 25, 2024

Scapulimancy

Scapulimancy (pronounced skap-yuh-luh-man-see)

Divination of the future by observation of the cracking of a mammal's scapula (the shoulder blade, the bone connecting the clavicle to the humerus), sometimes after having been heated by fire or a hot instrument.

1870–1875: The construct was scapul(a) + -i- + -mancy.  Scapula was from the Late Latin scapula (shoulder), from the Classical Latin scapulae (shoulders).  The -mancy suffix was from the Latin -mantīa, ultimately from the Ancient Greek μᾰντείᾱ (manteíā) (divination).  In English it was appended to convey the sense either of (1) divination or (2) in fantasy, varieties of magic, especially those controlling or related to specific elements, substances, or themes.  The synonym is omoplatoscopy and the alternative spelling scapulomancy.  Scapulimancy is a noun, scapulimantic is an adjective and scapulimanticly is an adverb.

Sheep shoulder blades.

Divination was from the Latin divinare (to foresee, foretell or predict; tom make prophesy) and is a general term describing attempts to gain insight into a question or situation by way of an occultic ritual or practice, usually involving either (1) some object or objects in which special qualities are said to be vested, (2) an alleged contact or interaction with supernatural entities or agencies such as spirits, gods, god-like-beings or the other forces “of the universe” or (3) the interpretation of signs or omens, variously defined.  As a cultural practice, divination has been identified in many cultures and at the root of it is probably a desire to have explained what is by all other means available, inexplicable.  That obviously offers some potential for exploitation by those seeking social, political or religious authority but it can also be a business model and between that and religion especially, there’s historically been some overlap, something alive and well today.  The notion of using the shoulder blades of slaughtered animals for this purpose may seem strange but as a method it seems no more or less convincing than instruments such as the tea-leaf, rune stones, Tarot-cards or the movement of objects in the heavens, some billions of miles remote from the apparent randomness of events on Earth.

Butchered & dressed lamb shoulder chops (left) and lamb shoulder chops with garlic and rosemary (right).

Although much-associated with priests, magicians and prophets (again, the overlap not hand to find), divination was practiced also by those for whom religion (in the way the word is conventionally understood) wasn’t a significant force.  The Hun of the Eurasian steppe, best remembered for their fifth century invasion of the Roman Empire, may have Turkic language (though one much infused with words from others), are known to have never developed writing and never seem to have flirted beyond the vaguest with God or gods, the only devotional aspect of their culture a kind of “nature worship”, something which would probably now attract much sympathy.  There may though have been something of a cargo-cult in that various objects seem to have been associated with a kind of veneration, notably swords or weapons linked with military success and generals down the ages, however practical and pragmatic they might have been in other matters, are recorded by historians or in diaries as being fond of consulting soothsayers the night before a battle.  The Huns definitely practiced scapulimancy, the logs of travelers and merchants recording how a shaman-like figure would take from the fire the shoulder blades of the roasted sheep, “reading the patterns” on the surface to make predictions for the days, the foretold omens revealed by pits, stains ridges & hollows which made each bone as unique as a finger-print.  This use for the sheep’s scapula adds another layer to the oft-repeated observation about the reductive efficiency of the steppe peoples in the husbanding of their scare resources: “For some purpose, they used every part of the sheep”.  Because the Huns left no written records, all that is known of their scapulimantic technique comes from third-party observers but as far as is known, their practice was in the “pyromantic” tradition (the “preparing” of the bone by leaving it for a time in the embers of the cooking fire), the “apyromantic” (examination after the flesh had been cut from the bone) method most known in Europe & Northern Africa.  Both these descriptions came from the work of nineteenth century anthropologists.

Lohanic scapulae; a tetrad:  Four photographs of Lindsay Lohan's shoulder blades.

It’s not only in the post-Enlightenment West that divination has (mostly) been dismissed as silly superstition, many thinkers from Antiquity pointing out in their writings the absurdity of the idea and their most effective criticism was probably not the abstract arguments philosophers usually can’t resist but a simple “fact-checking”: comparing predictions with outcomes, the success rate found predictably low.  In the text of one sceptic however, there appears to be the first mention of the efficacy, even in the age of climate change, of one reliable prediction about the weather: “three times out of four, the weather tomorrow will be much the same as today.” (YMMV).  However, despite the two-thousand-odd years of intellectual scorn, the lure of prediction by dubious means remains strong, some otherwise respectable publications regularly including a horoscope, even though there’s nothing to suggest astrology is otherwise taken seriously.  It seems star-sighs exert a special fascination and many identify with their birth sign and read the horoscope, even if usually for amusement.  For some though it’s serious.  Nancy Reagan (1921–2016; US First Lady 1981-1989) regularly consulted an astrologer (on the White House payroll for a reputed US$3000 a month) after one warned her husband Ronald Reagan (1911-2004; US president 1981-1989) would be “in danger” on a certain day; on that day he survived an assassination attempt.

Others couldn’t quite decide.  Being interviewed by a prison psychologist in 1945, Rudolf Hess (1894–1987; Nazi Deputy Führer 1933-1941) claimed he’d made his bizarre attempt to secure a negotiated peace between Germany on the UK (his flight to Scotland in May 1941 on the eve of the Nazi’s invasion of the Soviet Union) because the year before “one of his astrologers had read in the stars that he was ordained to bring about peace”, adding that both Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) and Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945) “had come to have an abiding belief in astrology.  It was a claim he would repeat to a journalist in the 1980s.  Despite that, as soon as the news of the flight was brought to Hitler at the Berghof (the Führer’s alpine retreat in the Bavarian Alps) the party hierarchy instantly was summoned from Berlin and the scramble was on to find the most plausible way to spin to the world an explanation why the “second man in the Reich” had delivered himself to the enemy.  In the circumstances, madness probably was the best option and the task was made easier by the British who made no attempt to exploit the defection for propaganda purposes.  Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) put out a statement saying Hess had fallen under the influence “…of soothsayers and fortune-tellers” and had become “...a deluded, deranged and muddled idealist, ridden with hallucinations traceable to World War (ie the 1914-1918 conflict) injuries. Immediately, just to make things more plausible still, the state security apparatus (a well-oiled machine) conducted a crackdown on soothsayers and fortune-tellers, locking up many until the scandal had passed which it did remarkable quickly.

All must have been forgiven by 1945 when in the Führerbunker Goebbels, after reminding Hitler of the “miracle of the House of Brandenburg” when the death of a czarina had saved Frederick II (Frederick the Great, 1712–1786, Prussian king 1740-1786) from defeat, consulted two horoscopes kept in the files, one written on 9 November 1918 (the date on which the Weimar Republic (1918-1933) was formed), the other from 30 January 1933 (the date Hitler was appointed chancellor).  According to Goebbels, both documents predicted “the outbreak of the war in 1939, the victories until 1941, and the subsequent series of reversals, with the hardest blows during the first months of 1945, particularly during the first half of April.  In the second half of April we were to experience a temporary success.  Then there would be stagnation until August and peace that same month.  For the following three years Germany would have a hard time, but starting in 1948 she would rise again.”  Confident that “according to historical logic and justice things were bound to change”, he must have felt vindicated a few days later when the new broke of the death of Franklin Delano Roosevelt (FDR, 1882–1945, US president 1933-1945); history had given Goebbels his czarina: “Bring out our best champagne!” he commanded, adding “And get me the Fuehrer on the telephone!”  Unfortunately for Goebbels, while he might have felt he wrote his will across the sky, the stars dimmed and fell, the horoscopes no more a reliable predictor of the future than scorched shoulder blades.

Wednesday, April 24, 2024

Chiaroscuro

Chiaroscuro (pronounced kee-ahr-uh-skyoo-roh)

(1) The distribution of light and shade in a picture.

(2) In painting, the use of deep variations in and subtle gradations of light and shade in color, especially to enhance the delineation of character and for general dramatic effect.

(3) In monochrome painting, using light and dark only, as in the grisaille technique.

(4) The artistic distribution of light and dark masses in images.

(5) A woodcut print in which the colors are produced by the use of different blocks with different colors.

(6) A sketch in light and shade.

1680-1690: From the Italian chiaroscuro (disposition of light and dark in a picture (literally "bright-dark"), the construct being chiaro (clear, bright) from the Latin clārus ((clear, bright, renowned, famous, illustrious)) + oscuro (dark) from the Latin obscūrus (dark, dusky, shadowy, indistinct, unintelligible, obscure, intricate, involved, complicated, unknown, unrecognized; (of character) reserved, secret, close). Related forms are the nouns chiaroscurist and chiaroscurism.  The seventeenth century Italian forms were chiaroclear and oscuroobscure.  Chiaroscuro is a noun & adjective, chiaroscurist is a noun and chiaroscuroed is an adjective; the noun plural is chiaroscuros or chiaroscuri.

De koppelaarster (The Matchmaker) (1625) by Gerrit van Honthorst (1592–1656).

In oil painting, the technique of Chiaroscuro emerged during the Renaissance.  Essentially, it aimed to create the optical illusion of three-dimensional forms by emphasizing the tonal contrasts between light and dark. It’s a clever artistic trick achieved by having light fall against the edges of solid, darker forms and the most celebrated exponents were Leonardo da Vinci, Caravaggio, and Rembrandt.

Three photographs of Lindsay Lohan following the chiaroscuro technique.

Now less fashionable in painting, probably because modern artists are understandably not anxious to seek comparison with old masters, it’s perhaps the dominant technique in photography and when working in monochrome, it can produce fine results.  Called the Rembrandt technique or Rembrandt lighting, it’s also been occasionally adopted by film directors although it’s difficult to execute and ultimately renders a product not at all realistic which sometimes can be the director’s intent; sometimes perhaps not.  In the case of some Soviet cinema, the technique was adopted and is considered a distinctive element in many works in the genre of "socialist realism" although that is something quite distinct from "appearing realistic".  Soviet art was riddled with such paradoxes.

Paris-based Bulgarian photographer Elina Kechichevna (b 1979) created Dior’s 2021 Spring Summer collection (SS21) campaign, emulating Caravaggio’s (1571-1610) masterful handling of the technique of chiaroscuro.  Thematically, Kechichevna explored a number of strands including feminist thought, romanticism and the interplay of chiaroscuro’s layering of light with tricks of geometry in placement.