Monday, July 8, 2024

Farce

Farce (pronounced fahrs)

(1) To stuff; to cram (obsolete).

(2) To make fat; to swell out (obsolete).

(3) To render pompous (obsolete).

(4) In the Roman Catholic Church, an alternative form of farse (to insert vernacular paraphrases into a Latin liturgy).

(5) A light, humorous production (plays, television film etc) play in which the plot depends upon the exploitation of improbable (or even impossible) situations rather than upon the development of character.

(6) The genre of comedy represented by works of this kind

(7) Humor of the type displayed in such works.

(8) Something foolish; a mockery; a ridiculous sham, a ludicrous situation or action.

(9) In cooking, forcemeat (a mixture of finely chopped and seasoned foods, usually containing egg white, meat or fish, etc., used as a stuffing or served alone).

(10) To add witty material to a speech or composition.

1300–1350: From the Middle English noun fars (stuffing), from the Middle French farce, from the Vulgar Latin farsa, noun use of feminine of Latin farsus, from the earlier fartus (stuffed), past participle of the verb farcīre (to stuff) which Middle English picked up as farsen, from the Old French farsir & farcir, from Latin farciō (to cram, stuff).  It was a doublet of farse.  The origin of the Latin farcire (to stuff, cram) is of uncertain origin but some etymologists suggest it may be connected with the primitive Indo-European bhrekw- (to cram together).  Farce in the fourteenth century first meant the chopped-meat stuffing used in cooking and farced into dishes.  The idea of a scene or plotline of “ludicrous satire or low comedy” being interpolated into a play was first described as “a farcing and thus soon ‘a farce’”) in the 1520s, while the dramatic sense of a “ludicrous satire; low comedy” was from the French use of farce (comic interlude in a mystery play) was a sixteenth century development while in English, the generalized sense of “a ridiculous sham” came into use in the 1690s.  In literary use, the companion term is tragicofarcical (having elements of both tragedy and farce).  Farce is a noun & verb, farced & farcing are verbs and and farcical is an adjective; the noun plural is plural farces.  The adjective unfarced (also as un-farced) is used in cooking to distinguished a dish not farced from one farced; it is not used of plays or literature.

The now rare noun infarction first appeared in the medical literature in the 1680s as a noun of action from the Latin infarcire (to stuff into), the construct being in- )in the sense of “into” (from the primitive Indo-European root en- (in) + farcīre (to stuff).  In pathology it was widely used of various morbid local conditions but as technology and techniques improved and more specific descriptions evolved used declined and the early twentieth century it tended to be restricted to certain conditions caused by localized faults in the circulatory system.  The construct of the noun forcemeat (also as force-meat) was force (“to stuff (as a variant of farce)) + meat.  The term first appeared in cookbooks in the late 1670s (although the technique (as “farcing”) dated back centuries; it described “mincemeat, meat chopped fine & seasoned, then used as a stuffing”.

Karl Marx (left) who turned G.W.F. Hegel (right) "upside down on his head".

Nowhere did Karl Marx (1818-1883) ever write “history repeats itself” but the phrase “history repeats itself, the first time as tragedy, the second time as farce” is often attributed to him and has long been an undergraduate favourite.  The origin of that was in the first chapter of his essay Der 18te Brumaire des Louis Napoleon (18th Brumaire of Louis Bonapatre (1852)) in which, writing of Georg Wilhelm Friedrich Hegel (1770–1831) he wrote: “Hegel remarks somewhere that all great world-historic facts and personages appear, so to speak, twice.  He forgot to add: the first time as tragedy, the second time as farce.  The “second time as farce” notion seems to have been something picked up from his benefactor & collaborator German philosopher Friedrich Engels (1820–1895) who a few months earlier, in one of his letters to Marx, had observed: “it really seems as though old Hegel, in the guise of the World Spirit, were directing history from the grave and, with the greatest conscientiousness, causing everything to be re-enacted twice over, once as grand tragedy and the second time as rotten farce, Caussidière for Danton, L. Blanc for Robespierre, Barthélemy for Saint-Just, Flocon for Carnot, and the moon-calf together with the first available dozen debt-encumbered lieutenants for the little corporal and his band of marshals. Thus the 18th Brumaire would already be upon us.

In Zur Kritik der Hegelschen Rechtsphilosophie (Critique of Hegel's Philosophy of Right (1843), Marx had made a similar point:  A coup d’état is sanctioned as it were in the opinion of the people if it is repeated.  Thus, Napoleon was defeated twice and twice the Bourbons were driven out.  Through repetition, what at the beginning seemed to be merely accidental and possible, becomes real and established.  Marx did take a few interpretative liberties with Hegel.  When in Vorlesungen über die Philosophie der Weltgeschichte (Lectures on the Philosophy of History (a compilation of lectures delivered at University of Berlin in 1822, 1828 & 1830)), Hegel compared nature where “there is nothing new under the Sun,” with history where there is always development he was describing historical progression in terms of the Hegelian philosophy which holds that history follows the dictates of reason and that the natural progress of history is due to the outworking of absolute spirit.  Still, Marx did boast that to make use of Hegel's dialectic he had to “turn him upside down on his head” so perhaps he felt entitled to kick the dead man’s ideas around a bit.

The farce on stage and in literature

In literary use, the farce is a form of comedy where the purpose is to “provoke mirth of the simplest and most basic kind: roars of laughter rather than smiles; humour rather than wit.  It is associated with, but must be distinguished from, burlesque; it is with clowning, buffoonery and knockabout slapstick, a form of ‘low’ comedy in which the basic elements are: exaggerated physical action (often repeated), exaggeration of character and situation in which absurd, improbable (even impossible ones and therefore fantastical) events and surprises in the form of unexpected appearances and disclosures”.  In farce, character and dialogue are nearly always subservient to plot and situation with plots often complex, events succeeding with a sometimes bewildering rapidity.

Quite when the first farces were performed is not known but historians seem to agree it would certainly have predated anything in the literary tradition.  Elements recognizably “farces” exist in some surviving plays from Antiquity in which “low comedy” in the shape of ridiculous situations and ludicrous results, ribaldry and junketings are interpolated into works of satire and studies of the farce have identified the device in Greek satyr play and the Roman fabak.  Technically though, the first plays actually described as “farces” were French works from the late Middle Ages where there were “stuffings” described as “between scenes”: comic interludes between the “serious” parts in religious or liturgical drama.  Usually, such “stuffings” were written in octosyllabic (containing eight syllables) couplets with an average length of some 500 lines.  These interpolations poked fun at the foibles and vices of everyday life (particularly at commercial knavery and conjugal infidelity, two subjects with enduring audience appeal).

The Taming of the Shrew, Barbican Theatre, June 2019.  For the RSC (Royal Shakespeare Company), Justin Audibert (b 1981) re-imagined the England of the 1590s as a matriarchy in which Baptista Minola is seeking to sell off her son Katherine to the highest bidder.

Later, in French theatre, these farcical interludes developed into a form of their own: the “one-act farce”, pieces which were in their time something like to short-form clips which TikTok made a business model.  The contemporary English Mystery Plays also often included one or more comic interludes and interestingly, demonic & grotesque figures behaving in a buffoonish manner (letting off fireworks something of a theme) appeared with much greater frequency than in France.  In the time of the Morality Plays, apart from aberrations like William Shakespeare’s (1564–1616) The Taming of the Shrew (1592) & The Comedy of Errors (circa 1593), there was little written for the English stage which could truly be described as farce but by the time the genre of “Restoration comedy” (known sometimes as “Comedy of manners”) had become established in the late seventeenth century, farce was back to celebrate the re-opening of public stage performances, banned for the previous 18 years by the Puritan regime.  For better or worse, farce has been with us ever since.


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

It can be difficult to decided whether “farce”, “fiasco” or “debacle” best applies in particular circumstances.  Indeed, it seems difficult to formulate anything close to a “rule” and every situation will need to be judged on its merits.  However, as a general principle, the pattern of use seems to indicate: (1) Farce is used in a way which hints at the theatrical tradition: real-life situations that are ridiculously chaotic and ludicrous, almost comical in their dysfunction. (2) A fiasco is a total utter failure, usually in a public and humiliating way when things have gone very wrong, typically due to poor planning or execution. (3) A debacle is an ignominious failure and one which often implies a broader, more significant collapse, sometimes with serious consequences.

The farce of excommunication

Presumably the Spanish nuns of The Poor Clares of Belorado chose their words with care when in June 2024 they condemned the Holy See’s action against them as “the farce of excommunication” although whether they were still within the holy communion of the Church to be excommunicated may be a moot point because the sisters insisted they had already severed all connections with the Vatican and their departure from the “Conciliar Church” was “unanimous and irreversible”.  The exchange of views between Rome and Castile-Leon came after the sisters declined to attend the ecclesial tribunal of Burgos to which they had been summoned, their notice of no-attendance transmitted to the Archbishop of Burgos with a hint of rejection of modernity: they used the fax machine.  Informing the archbishop they had left the Conciliar Church “freely, voluntarily, unanimously and in a spirit of joy”, their fax message asserted the ecclesiastical tribunal had “no jurisdiction” over them since their separation the previous month which their said was prompted by the “larceny” of the Second Vatican Council (Vatican II; 1962-1965), adding that no pope after Pius XII (1876-1958; pope 1939-1958) was “legitimate”.

Being careful with words, it must be assumed the sisters were thus declaring Pope Francis (b 1936; pope since 2013) an “illegitimate pope” rather than an “anti-pope”, a distinction of some significance to canon lawyers.  Illegitimate pope” is a general term for any pope whose election or claim to the papacy is deemed invalid or improper according to the canonical laws and practices of the Church; such a state can arise from procedural failures or the appointee lacking the requisite qualifications.  An “anti-pope” is one who makes a claim to the papacy in opposition to the pope recognized by the majority of the Catholic Church, a status which is of any consequence only if such a person has a significant following among Catholics.  Typically, anti-popes have existed during periods of schism.

Belorado Convento de Santa María de Bretonera.

Founded in 1358, in 1458 the monastery was damaged during one of the feudal battles which for more than two centuries would from time-to-time briefly flare, the structure repaired two years later.  Built in the Gothic style, there are Baroque style altar-pieces from the seventeenth century and a pipe organ dating from 1799.  The Monastery of Santa Clara is presided over by nuns of the order of the Poor Clares.

So, being critical mass theorists like any good Catholics, the sisters would understand that at the moment, Francis “has the numbers” but they certainly seem to be attempting something schismatic, their 70-page manifesto explaining that henceforth the nuns would follow the spiritual leadership of Pablo de Rojas Sánchez-Franco (b 1982), a self-styled “bishop” and professed admirer of the fascist dictator Generalissimo Francisco Franco (1892-1975; Caudillo of Spain 1939-1975); De Rojas-Franco was excommunicated in 2019.  Like the sisters, Mr De Rojas-Franco is a sedisvacantist (one who regards all popes after Pius XII to be illegitimate heads of the Church; in this view, the Holy See in Rome is actually sede vacante (vacant throne) and Francis a heretic and usurper to be spoken of only as “Mr Bergoglio”.  One implication of this is that many post 1958 ordinations are also invalid so any penalty or canonical sanction “imposed by those who are not valid or legitimate bishops, and who have no power over souls” are thus null and void”.  In other words, “Mr Bergoglio, you can’t excommunicate us”, hence the description of Rome’s edict as a farce.

Chocolates and biscuits made by nuns of The Poor Clares of Belorado.  Presumably, chocolates made by heretics are more sinful than those made by the faithful.

So the ecclesiastical battle lines have been drawn and the Holy See has clearly decided the chirothecœ (liturgical gloves) are off, the 10 nuns of the order reporting sales of the pastries and chocolate truffles they produce as their only source of income are down, the faithful of the nearby villages clearing having been told by their priests to buy their sweet treats from non-heretics.  According to Rome, the bolshie Poor Clare nuns of Belorado have committed the crime of schism (Canon 751 of the Code of Canon Law states defines schism as “the refusal of submission to the supreme pontiff or of communion with the members of the Church subject to him”, the penalty for which is excommunication).  Since burnings at the stake and such became unfashionable, excommunication is now the most serious penalty a baptized person can incur; it consists of being placed outside the communion of the faithful of the Catholic Church and denied access to the sacraments but it need not be final, the theological purpose of the act being “to bring the guilty to repentance and conversion” and, in a phrase with internal logic which makes complete sense in the corridors of the Vatican: “With the penalty of excommunication the Church is not trying in some way to restrict the extent of mercy but is simply making evident the seriousness of the crime.

Of course heretics are flesh and blood and as they have declared themselves no longer members of the Catholic Church, by remaining in the monastery they are occupying property of the Church to which they do not belong and may be found to have no legal right to stay there.  Their archbishop has told them they are now trespassing but seems to be taking a patient approach, saying he hopes they will leave of their own volition, avoid the need to assemble a team of black-clad monsignors forcibly to evict them.  The social media savvy Francis would understand that might be “bad optics”.  Still, the archbishop insists the matter will be pursued and that Spanish civil law recognizes the Church’s Code of Canon Law as governing such things, adding “…they were told that they should not be in the monastery and in a steadfast and contumacious way they persist in being there”, concluding ominously “…so the legal authorities will act against them.

This is not an isolated case and in the last year there have been a number of excommunications of bishops and archbishops, all of whom have denied the legitimacy of Francis, some actually calling hima heretic”, something almost unknown for centuries.  With the death of Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022), so died too the last restraining influence on Francis’s reformist tendencies and the tensions which have mostly be suppressed since Vatican II are now bubbling over.  As an amusing spectacle for the neutrals, Church politics: (“You’re a heretic!”, “No, you’re a heretic!”) is something like modern Spanish political discourse: (“You’re a fascist!”, “No, you’re a fascist!”) but how this plays out in what may be the last days of this pontificate is likely much to influence the voting in the College of Cardinals when it comes time to choose the next pope.

As the Vatican takes heresy seriously, so the fashionistas guard haute couture.  The reaction to Lindsay Lohan brief fling as fashion designer for Ungaro, Paris Fashion Week, March 2010.

Sunday, July 7, 2024

Masticate

Masticate (pronounced mas-ti-keyt)

(1) To chew (usually food).

(2) To reduce materials (such as rubber) to a pulp by crushing or kneading.

1640–1650: From the Late Latin masticātus, past participle of masticāre (to chew), from the past participle stem of the post-Classical Latin masticō (I chew), from the Ancient Greek μαστιχάω (mastikháō) (I gnash the teeth”).  The English masticate was a back-formation of the earlier mastication.  The noun mastic (gum or resin obtained from certain small trees of the Mediterranean region and in various places east of Suez used as a chewing gum) emerged in the late fourteenth century and was from mastic, from the thirteenth century Old French mastic and directly from Late Latin mastichum, from the Classical Latin mastiche, from the Ancient Greek mastikhe, of uncertain origin but probably in some way connected with masasthai (to chew) and thus related to the modern mastication.  The etymologists are divided on whether the Ancient Greek mastikhan (to gnash the teeth) was from the primitive Indo-European mendh- (to chew (and the ultimate source of mandible) or of pre-Greek origin.  Masticate, masticated & masticating are verbs, masticatory, masticator & mastication are nouns and masticable is an adjective; the noun plural is mastications.

All forms tend now to be seen in specialised niches, masticatory almost always in medical or scientific literature and seems to be a favorite in entomology while masticable (capable of being chewed, that may be masticated) appeared first in 1802, quickly adopted by dieticians in hospitals & zoos although it has survived only in the latter.  Other than for technical purposes, masticate’s most obvious niche is in humor, the effect achieved by using the word in a way easily confused with the almost homophonic masturbate, a device used also with the thespian/lesbian homophone.  So usually, unless one is discussing the eating habits of insects or aiming for humorous effect, the monosyllabic “chew” is a better choice.

Thespian Lindsay Lohan with cheeseburger, masticating.

The verb chew (masticate, bite and grind with the teeth) was from the Middle English cheuen, from the Old English ceowan, from the West Germanic keuwwan (source also of the Middle Low German keuwen, the Dutch kauwen, the Old High German kiuwan and the German kauen).  The source may have been from the primitive Indo-European gyeu- (to chew), source of the Old Church Slavonic živo (to chew), the Lithuanian žiaunos (jaws) and the Persian javidan (to chew).  The figurative sense (to to think over (usually as “chew on it”)) dates from the late fourteenth century, the origin said to be “dinner table discussions over pieces of bacon fat”.  For humorous effect, the process is sometimes described as “mental mastication”.  Later variations include “to chew the rag” (discuss some matter), first documented in 1885 as army slang although there are claims it began both in the British Army and the Indian Army under the Raj.  To “chew the fat” meant the same thing and was mid-twentieth century slang.  . To chew (someone) out was first cited in 1948 but was thought to be military slang from World War II (1939-1945), the idea being having been “chewed up and spat out”.  As a packaged product, chewing gum was first sold in the US in 1843, the early formulations being hardened secretions from the spruce tree.

The purported fallacy

The purported fallacy is a rhetorical device intended to confuse or suggest irrelevant considerations into the mind of the listener,  It’s related to but distinct from the “red herring” (in figurative use, a clue, information, argument, etc. that is or is intended to be misleading, diverting attention from the real answer or issue).  A well-known example from the US is often quoted but is unfortunately a myth, fake news in its time but still refusing to die.  In the Florida primary contest for the Democratic nomination in the 1950 Senate campaign, Claude Pepper (1900–1989; Democrat Senator for Florida 1936-1951, Democrat member of House of Representatives (Florida 1963-1989)) lost to George Smathers (1913–2007; Democrat member of House of Representatives (Florida) 1947-1951 and Democrat Senator for Florida 1951-1969).  Smathers had managed Pepper's successful 1938 campaign and the association continued, Pepper pulling strings so Smathers could avoid military service during World War II (1939-1945) and helping him become an assistant attorney-general.

The 1950 Senate election in Florida was noted for flamboyant oratory, ideological ferocity and personal dramas but that was neither novel nor unique to Florida, indeed, by mid twentieth century thing had been toned-down from what had prevailed during much of the 1800s.  Smathers labeled his opponent “Red” Pepper which, if unfair, was funny and, in the early Cold War, a not unusual tactic, Senator Joe McCarthy (1908–1957; senator for Wisconsin (Republican) 1947-1957) that year having delivered his inflammatory Lincoln Day speech in which he claimed to have list of known communists employed by the State Department.  However, what arose during the campaign was the legend that Smathers, assuming low education and high prejudice in the minds of some voters, had made speeches in rural areas accusing his opponent of being “a shameless extrovert”, having “a sister who was once a thespian in wicked New York”, having "practiced celibacy before his marriage" and being someone “who had been seen masticating fish”.

Irresistibly good copy, the words appeared in the 17 April issue of Time magazine and despite cautioning they were “of doubtful authenticity” they’ve for decades been recycled, used for illustrative effect for this and that across the political spectrum; Robert Sherrill (1924-2014) on the left and William F Buckley (1925–2008) on the right, both claiming it happened.  The truth (which Buckley later acknowledged), was the words turned out to be the work of journalists covering the campaign who, over drinks, began inventing double-talk quotations and swapping them.  It became a contest to see who could write the funniest and some of them leaked, published as fact.  After decades of estrangement, a Pepper fund-raising letter ended up in Smathers' office.  Smathers responded with a contribution and Pepper, after joking that the cheque bounced, sent a note of thanks.  Smathers said he would contribute to Pepper as long as he was in the Congress as a champion of the elderly, adding he was now “old enough to where I kind of feel like he may speak for me''.

Satirists work in a similar vein to those tipsy reporters.  In 2006, in a parody of the attack ads the Liberal Party was using against Stephen Harper’s (b 1959; prime minister of Canada 2006-2015) Conservative Party government, National Public Radio (NPR) offered:

Stephen Harper has plans for Canada, scary plans.  Scary, evil plans.  We can't make this up, we're not allowed to. Stephen Harper owns a dragon.  He keeps it in a shed. Seriously.  Stephen Harper drinks his own blood.  We saw him. We're not allowed to make this up.  The Liberal Party, let's see how badly we can lose this thing.

Saturday, July 6, 2024

Quale

Quale (pronounced kwah-lee, kwah-ley, kwey-lee or kwey-ley)

(1) In philosophy, a property of something considered separately from the thing having that property; an instance of subjective, conscious experience.

(2) A sense-datum or feeling having a distinctive quality.

(3) Death; a plague; a murrain (obsolete).

1665–1675: From the Latin quāle, neuter singular of quālis (of what sort; of what kind) and cognate with the Old English cwalu and the Old Norse kval (torment, torture), both variants from the root of quell.  The later was from quala, from the French quel, the Italian quale and the Spanish cual, ultimately from the Latin quālis, from the primitive Indo-European kwis & kwo (interrogative, relative stem) and (speculatively) hzel (to grow); it was cognate with the Ancient Greek πηλίκος (pēlíkos).  Quale is a noun; the noun plural is qualia (quals is the plural of qual (a clipping of “qualifying exam”).

Qualia are the subjective or qualitative properties of experiences: Some find the experience of seeing a white Ferrari as different from viewing one in white as another might find when comparing an orchid to hemlock.  Although it had appeared before (adding to an already long list of technical terms in the discipline), in philosophy, qualia was first used in its current sense in a paper published in 1929 by US scholar Clarence Irving ("C.I.") Lewis (1883–1964).  Lewis was discussing sense-data theory and explained that he used the word, qualia were properties of sense-data themselves.  Emerging from what was at the time a rather dusty corner of academic philosophy, quale came to be more widely used (especially with the rapid growth of universities in the post-war period) and the sense expanded to refer more generally to properties of experience. While there are experiences which truly are universal with no differentiation in qualia among people, other perceptual experiences (which can be of the mind such as hallucinations, or of the body such a headache, or wholly emotional such as anger or anxiety) intrinsically have a qualitative quality: their quale.

Different qualia likely: 1967 Ferrari 275 GTB/4.  The term “resale red” (the idea re-painting a sports car red increases its resale value) may not have been coined to describe the Ferrari after-market but such is the association of red (particularly the classic Rosso Corsa) with the marque that some find other shades a disappointment.  However, the right Ferrari in one of the Biancos (variants of white) displays the purity of line as no other color can.

The old, and long obsolete, use of quale to mean “death” seems no longer makes sense given the way the meaning of the word has shifted.  However, although for the deceased, once dead, the experience is the same whether one was struck by a meteorite, drank one’s self to death or was murdered by the Freemasons, the manner of death might mean a different quale for the departed’s grieving loved ones.  That quirk aside, although the existence of qualia seem obvious, in philosophy, there have been decades of disputes, may focused on whether qualia can be identified with or reduced to anything physical, the suggesting being any attempted explanation of the world in solely physicalist terms would leave qualia out.  In the way of squabbles about things which can be neither be proved nor disproved, a century from now lecturers and professors are likely still to be exchanging views.

Qualia are the subjective (individually and differentially qualitative) properties of experiences and the differences between individuals are sometimes significant.  Two people drinking from the same bottle of wine may have two different experiences: one finding pleasure, one distaste; two diametrically opposed qualia.  Why this happens was explained in Why You Like The Wines You Like (2013) by Tim Hanni (b 1952), a certified Master of Wine (MW).  The certification process is administered by the Court of Master Sommeliers, established in 1977, formalizing the layers of qualification that began in 1969 in London with the first Master Sommelier examination.  It’s now conducted by the various chapters of the court and globally, they’re a rare few.  While over 600 people have been to space and there are rumored to be some 4000 members of the Secret Society of the Les Clefs d'Or, there are currently only 262 Master Sommeliers in the world; they describe themselves as “cork dorks”.

Lindsay Lohan explaining her quale upon tasting wine in The Parent Trap (1998).  IRL, she decided to focus on acting, pursuing wine-tasting only as a hobby. 

What Hanni’s book explored were the physiological and psychological reasons peoples’ experience of the taste of wine are so divergent; some factors obvious, some more subtle.  In partnership with US psychologist Dr Linda Bartoshuk (b 1938), he developed what was dubbed the “vinotype” assessment, used to explore individual preferences for, and tolerance of, various external stimuli and how those generalized preferences (or “tolerances”) affect the appreciation of wine.  Essentially, there are those who are “hypersensitive” to tastes and those who are less perceptive (ie “less sensitive”) and thus categorized as “more tolerant”.  That sounds banally predictable but there are social and economic implications because it’s clear an individual’s personal preference is determined by personal physiology and social context as well as the way the taste receptors in the mouth work.  There is still the cultural perception that those who prefer sweet wines to dry are those with a less trained or discerning palate but the difference really depends more than anything on whether or not one is one of the “hypersensitive”.  Despite that, there are social pressures (real or perceived) and some feel compelled, at least in public, to avoid sweet wines, lest they be thought unsophisticated.

Friday, July 5, 2024

Interregnum

Interregnum (pronounced inn-ter-reg-numb)

(1) (a) An interval of time between the close of a sovereign's reign and the accession of his or her normal or legitimate successor.  (b) A period when normal government is suspended, especially between successive reigns or regimes.  (c)  Any period during which a state has no ruler or only a temporary executive

(2) The period in English history from the execution of Charles I in 1649 to the Restoration of Charles II in 1660.

(3) An interval in the Church of England dioceses between the periods of office of two bishops.

(4) In casual use, any pause or interruption in continuity.

1570-1580: From the Latin interregnum (an interval between two reigns (literally "between-reign), the construct being inter (between; amid) + rēgnum (kingship, dominion, reign, rule, realm (and related to regere (to rule, to direct, keep straight, guide), from the primitive Indo-European root reg- (move in a straight line), with derivatives meaning "to direct in a straight line", thus "to lead, rule"). To illustrate that linguistic pragmatism is nothing new, in the Roman republic, the word was preserved to refer to a vacancy in the consulate.  The word is now generally applied to just about any situation where an organization is between leaders and this seems an accepted modern use. The earlier English noun was interreign (1530s), from French interrègne (14c.).  Interregnum & interregent are nouns and interregnal is an adjective; the noun plural is interregnums or interregna.

The classic interregnum.  One existed between 1204 and 1261 in the Byzantine Empire.  Following the Sack of Constantinople during the Fourth Crusade, the Byzantine Empire was dissolved, to be replaced by several Crusader states and several Byzantine states.  It was re-established by Nicean general Alexios Strategopoulos who placed Michael VIII Palaiologos back on the throne of a united Byzantine Empire.

The retrospective interregnum.  The Interregnum of (1649–1660) was a republican period in the three kingdoms of England, Ireland and Scotland.  Government was carried out by the Commonwealth and the Protectorate of Oliver Cromwell after the execution of Charles I and before the restoration of Charles II; it became an interregnum only because of the restoration.  Were, for example, a Romanov again to be crowned as Tsar, the period between 1917 and the restoration would become the second Russian interregnum, the first being the brief but messy business of 1825, induced by a disputed succession following the death of the Emperor Alexander I on 1 December.  The squabble lasted less than a month but in those few weeks was conducted the bloody Decembrist revolt which ended when Grand Duke Konstantin Pavlovich renounced his claim to throne and Nicholas I declared himself Tsar.

The constitutional interregnum.  In the UK, under normal conditions, there is no interregnum; upon the death of one sovereign, the crown is automatically assumed by the next in the line of succession: the King is dead, long live the King.  The famous phrase signifies the continuity of sovereignty, attached to a personal form of power named auctoritas.  Auctoritas is from the Old French autorité & auctorité (authority, prestige, right, permission, dignity, gravity; the Scriptures) from the Latin auctoritatem (nominative auctoritas) (invention, advice, opinion, influence, command) from auctor (master, leader, author).  From the fourteenth century, it conveyed the sense of "legal validity" or “authoritative doctrine", as opposed to opposed to reason or experience and conferred a “right to rule or command, power to enforce obedience, power or right to command or act".  It’s a thing which underpins the legal theory of the mechanics of the seamless transition in the UK of one the sovereign to the next, coronations merely ceremonial and proclamations procedural.  Other countries are different.  When a King of Thailand dies, there isn’t a successor monarch until one is proclaimed, a regent being appointed to carry out the necessary constitutional (though not ceremonial) duties.  A number of monarchies adopt this approach including Belgium and the Holy See.  The papal interregnum is known technically as sede vacante (literally "when the seat is vacant") and ends upon the election of new pope by the College of Cardinals.

The interregnum by analogy.  The term has been applied to the period of time between the election of a new President of the United States and his (or her!) inauguration, during which the outgoing president remains in power, but as a lame duck in the sense that, except in extraordinary circumstances, there is attention only to procedural and ceremonial matters.  So, while the US can sometimes appear to be in a state with some similarities to an interregnum between the election in November and the inauguration in January, it’s  merely a casual term without a literal meaning.  The addition in 1967 of the twenty-fifth amendment (A25) to the US Constitution which dealt with the mechanics of the line of succession in the event of a presidential vacancy, disability or inability to fulfil the duties of the office, removed any doubt and established there is never a point at which the country is without someone functioning as head of state & commander-in-chief.

Many turned, probably for the first time, to A25 after watching 2024’s first presidential debate between sleazy old Donald and senile old Joe.  Among historians, comparisons were made between some revealing clips of Ronald Reagan (1911-2004; US president 1981-1989) late in his second term and reports of the appearance and evident mental state of Franklin Delano Roosevelt (FDR, 1882–1945, US president 1933-1945) during the Yalta conference (February 1945).  In 1994, Reagan’s diagnosis of Alzheimer's disease was revealed and within two months of Yalta, FDR would be dead.  Regarding the matter of presidential incapacity or inability, the relevant sections of A25 are:

Section 3: Presidential Declaration of Inability: If the President submits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives that he is unable to discharge the powers and duties of his office, the Vice President becomes Acting President until the President submits another declaration stating that he is able to resume his duties.

Section 4: Vice Presidential and Cabinet Declaration of Presidential Inability: If the Vice President and a majority of the principal officers of the executive departments (or another body as Congress may by law provide) submit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives that the President is unable to discharge the powers and duties of his office, the Vice President immediately assumes the powers and duties of the office as Acting President.

If the President then submits a declaration that no inability exists, he resumes the powers and duties of his office unless the Vice President and a majority of the principal officers (or another body as Congress may by law provide) submit a second declaration within four days that the President is unable to discharge the powers and duties of his office. In this case, Congress must decide the issue, convening within 48 hours if not in session. If two-thirds of both Houses vote that the President is unable to discharge the powers and duties of his office, the Vice President continues as Acting President; otherwise, the President resumes his powers and duties.

Quite what the mechanism would be for a vice president and the requisite number of the cabinet to issue such a certificate is not codified.  Every president in the last century-odd has been attended by a doctor with the title “Physician to the President” (both John Kennedy (JFK, 1917–1963; US president 1961-1963) and Bill Clinton (b 1946; US president 1993-2001), uniquely, appointed women) and presumably they would be asked for an opinion although, even though FDR’s decline was apparent to all, nobody seems to have suggested Vice Admiral Ross McIntire (1889–1959) would have been likely to find the threshold incapacity in a president he’d known since 1917 as served as physician since 1933.  Vice presidents and troubled cabinet members may need to seek a second opinion.

Fashions change: The dour Charles I (left), the puritanical Oliver Cromwell (centre) and the merry Charles II (right).

The famous interregnum in England, Scotland, and Ireland began with the execution of Charles I (1600-1649) and ended with the restoration to the thrones of the three realms of his son Charles II (1630-1685) in 1660.  Immediately after the execution, a body known as the English Council of State (later re-named the Protector's Privy Council) was created by the Rump Parliament.  Because of the implication of auctoritas, the king's beheading was delayed half a day so the members of parliament could pass legislation declaring themselves the sole representatives of the people and the House of Commons the repository of all power.  Making it a capital offence to proclaim a new king, the laws abolished both the monarchy and the House of Lords.  For most of the interregnum, the British Isles were ruled by Oliver Cromwell (1599–1658) an English general and statesman who combined the roles of head of state and head of government of the republican commonwealth.

When Queen Elizabeth II (1926-2022; Queen of England and other places variously 1952-2022) took her last breath, Charles (b 1948) in that moment became King Charles III; the unbroken line summed up in the phrase "The King is dead.  Long Live the King".  In the British constitution there is no interregnum and a coronation (which may happen weeks, months or even years after the succession) is, in secular legal terms, purely ceremonial although there have been those who argued it remains substantive in relation to the monarch's role as supreme governor of the established Church of England, a view now regarded by most with some scepticism.  As a spectacle however it's of some interest (as the worldwide television ratings confirmed) and given the history, there was this time some interest in the wording used in reference to the queen consort.  However, constitutional confirmed that had any legal loose ends been detected or created at or after the moment of the succession they would have been "tidied up" at a meeting of the Accession Council, comprised of a number of worthies who assemble upon the death of a monarch and issue a formal proclamation of accession, usually in the presence of the successor who swears oaths relating to both church (England & Scotland) and state.  What receives the seal of the council is the ultimate repository of monarchical authority (on which the laws and mechanisms of the state ultimately depend) and dynastic legitimacy, rather than the coronation ceremony.

Some fashions did survive the interregnum: Charles II in his coronation regalia (left) and Lindsay Lohan (right) demonstrate why tights will never go out of style.

Thursday, July 4, 2024

Bench

Bench (pronounced bench)

(1) A long seat (without arm or back-rest) for two or more people:

(2) A seat occupied by an official, especially a judge in a courtroom.

(3) Such a seat as a symbol of the office of an individual judge or the judiciary.

(4) The office or dignity of various other officials, or the officials themselves.

(5) In certain team sports, the seat (literally or figuratively) on which the reserve (substitute) players sit during a game while not playing and on which “starting side” players sit while substituted.

(6) The quality and number of the players named as substitutes.

(7) By extension, the quality and number of professionals or experts in reserve, to be called upon as needed:

(8) As a clipping of workbench, the worktable of those engaged in trades.

(9) In interior design, certain fixed flat surfaces (kitchen bench, bathroom bench etc).

(10) A platform on which animals or objects are placed for exhibition.

(11) In farming, a hollow on a hillside formed by sheep.

(12) In surveying, a bracket used to mount land surveying equipment onto a stone or a wall.

(13) In certain legislatures, as “front bench” (the office-holding members of a government or opposition who sit on the bench at the front of their side of the assembly), “back bench” (those elected members not appointed to an office who sit on benches behind) and “cross-bench” (those not members of the party in government or formal opposition who sit on other benches).  The terms are sometimes literal but depending on an assembly’s architecture or the size of a government’s majority, others can sometimes “overflow” to the physical “cross benches”.  Thus there are “front benchers”, “back benchers” & “cross benchers” (sometimes hyphenated).

(14) In geography, a shelf-like area of rock with steep slopes above and below, especially one marking a former shoreline.

(15) In extractive mining, a step or working elevation in a mine.

(16) In science (usually as “at the bench”), to distinguish between being engaged actively in research and concurrent or subsequent administrative functions.

(17) To furnish with benches (now rare).

(18) To seat on a bench or on the bench (now rare).

(19) In extractive mining, to cut away the working faces of benches.

(20) In certain team sports, to substitute or remove a player from a game or relegate them to the reserve squad.

Pre 1000: From the Middle English bench, benk & bynk, from the Old English benc (bench; long seat (especially if backless)), from then Proto-West Germanic banki, from the Proto-Germanic bankon & bankiz (bench), from the primitive Indo-European bheg.  It was cognate with the Scots benk & bink, the West Frisian bank, the Dutch bank, the Old High German Bank, the Old Norse bekkr, the Old Frisian benk, the Danish bænk, the Swedish bänk and the Icelandic bekkur, all from a Germanic source and all of which meant “bench”.  In the Old English there were the verbs bencian (to make benches) and bencsittend (one who sits on a bench).  The dialectal spellings benk & bink are both long obsolete.  Bench & benching are nouns & verbs, bencher is a noun, benched is a verb & adjective and benchy & benchlike are adjectives; the noun plural is benches.

The source of the idea of the “bench as a type of long seat” is thought to come from a riparian imagery (natural earthen incline beside a body of water) and etymologists speculate the original notion was of a “man-made earthwork used as a seat”.  Bench was from the late fourteenth century used of the tables on which merchants displayed their wares and that may have been a borrowing from the reference to the seat the judge would occupy in a court of law, that use emerging early in the 1300s and coming soon to mean “judges collectively, office of a judge, the judiciary”.  Whether it was actually an allusion to customers “judging the goods displayed” is speculative.  The use in team sports of “the bench” being the “reserve or substitute team members” was drawn from the actual physical bench on the sideline on which those players would sit while not on the field.  The earliest known reference to the existence of furniture used for this purpose is from the US in 1899 but extending this generally to the “reserve of players” in baseball, football etc seems not to have begun until 1909.  In sport, the idiomatic forms include “bench player” (one habitually selected only in the reserves and not the “starting side”), “benched” (a player substituted during play and “sent to the bench”, either because of poor performance or as part of a planned rotation, “injury bench” (players substituted due to injury), “bench warmer (or “bench sitter”, or “bench jockey”) (one whose career has plateaued as a “bench player”, “warming the bench”) 

Bench has attracted many modifiers describing use including “bench grinder”, “bench saw”, “bench drill”, “sawbench”, “kitchen bench”, “deacon's bench”, “friendship bench”, “bench easel”, “mourners' bench”, “piano bench” (a “piano stool” for two), “preacher’s bench” et al.  The noun & verb “benchmark” refers to the optimal results obtained when testing something or someone on a “test bench” although the use is often conceptual, a physical “test bench” not necessarily part of the processes and even some structures in engineering referred to as a “test bench” may bear no relationship to any actual “bench” however described.

Bench seats ranged from the austerely functional to the luxurious: 1971 Holden HQ Belmont Station Sedan (station wagon or estate-car) (left) in turquoise vinyl and 1974 Imperial LeBaron four-door hardtop (right) in chestnut tufted leather though not actually “fine Corinthian leather” which was (mostly) exclusive to the Cordoba (1975-1983) until late 1975 when not only did the Imperial's brochures mention "genuine Corinthian leather (available at extra cost)" but for the first time since 1954 the range was referred to as the "Chrysler Imperial", a harbinger the brand was about to be retired.  Imperial's advertising copy noted of the brochure photograph above: “...while the passenger restraint system with starter interlock is not shown, it is standard on all Imperials.”; the marketing types didn't like seat-belts messing up their photos.  While all of the big three (GM, Ford & Chrysler) had tufted interiors in some lines, it was Chrysler which displayed the most commitment to the extravagance.

Rear bench seat in 1963 Chrysler 300J.

The 1963 Chrysler 300J was the rarest (ie the one which sold least) of the eleven “letter-series” cars (1955-1965) and whether or not related to its performance in the market, one thing which at the time attracted comment was a rear bench seat replacing the eye-catching twin buckets and full length console which had for three seasons appeared in its predecessors (300F, 300G & 300H).  In 1963, the industry, chasing volume & profits, had begin the process of “de-contenting” their cars, either ceasing the availability of stuff expensive to make or install or moving such items to the option list; by the late 1960s even Cadillac would be afflicted.  The Chrysler “letter series” 300s had begin in 1955 with what many had assumed was a one-off high-performance model created by mixing & matching trim from the Imperial line (newly that year established as a stand-alone marquee) as well as tuning the mechanical components for speed.  Existing initially to homologate stuff for use in competition, not only did the C-300 sell in a pleasing volume but it was such a success as a image-building “halo car” the model was retained for 1956 and dubbed 300B with a further nine annually following until the end of the line in with the 300L 1965, each release appending as an identifier the next letter in the alphabet (thus 300C, 300D etc).

Much more swish: Rear bucket seats in 1961 Chrysler 300G.

However, as well as the dubious distinctions of being the least popular and being the only one the series between 1957-1965 not to be offered as a convertible, the 300J represents a quirk in the naming sequence, Chrysler skipping the letter “I”.  That was done for the same reason there are so few “I cup” bras, the rationale being “I” might be confused with the numeric “1” so most manufacturers go straight from “H cup” to “J cup” although some plug the gap with a “HH cup” and there are even those who stop at “G”, handing incremental increases in volume with “GG” & “GGG” cups; it does seem an industry crying out for an ISO.  There’s no evidence Chrysler ever pondered a “300HH”.  Like Chrysler and most bra manufacturers, the USAF (US Air Force) also opted to skip “I” when allocating a designation for the updated version of the Boeing B-52 Stratofortress (1952-1962 and still in service).  Between the first test flight of the B-52A in 1954 and the B-52H entering service in 1962, the designations B-52B, B-52C, B-52D, B-52E, B-52F & B-52G sequentially had been used but after flirting with whether to use B52J as an interim designation (reflecting the installation of enhanced electronic warfare systems) before finalizing the series as the B-52K after new engines were fitted, in 2024 the USAF announced the new line would be the B-52J and only a temporary internal code would distinguish those not yet re-powered.  Again, “I” was not used so nobody would think there was a B521.

1958 Metropolitan Hardtop in two-tone Frost White and Berkshire Green over black and white houndstooth cloth and vinyl.

Under various marques, the Metropolitan was in production between 1953-1961 and its cartoon-like appearance was a result of applying the motifs of the standard-sized US automobile to something much smaller and in that it was conceptually similar in concept to the more severely executed Triumph Mayflower (1949-1953) which took as a model the “knife-edged” lines of the Daimlers and Rolls-Royces bodied by Hooper.  Although most four-door cars with front bench seats featured full-width cushions (one which one’s butt sat) and squabs (on which one’s back rested), most two door models had “split squabs” which individually could be folded forward, affording someone access to the rear passenger compartment without disturbing anyone sitting on the other side of the front seat.

The split squabs erect (left), the passenger's folded forward to afford entry to the rear bench (centre) and the rear bench's squab laid flat to allow access to the truck or provide a larger storage space (right).  In modern five-seaters, the trend has been the so-called 40/60 split seat which allows two passengers still to sit on the back seat while extending the trunk space into the cabin.

The Metropolitan also had a fold-down rear bench, a common feature in many station wagons, SUVs (sports utility vehicle) and such but for the diminutive Metropolitan it was essential because there was no trunk (boot) lid.  Though not unique, that was unusual in four-seat sedans (which the Metropolitan sort of was) although some sports cars also lacked the fitting including the early Austin-Healey Sprite (the so-called bugeye or frogeye (depending on the side of the Atlantic where one sat)) and every Chevrolet Corvette between the release of the C2 in 1962 and the C5 in 1998.

Bench seat for four: the improbable 1948 Davis Divan.  The blue car (one of a dozen survivors of the 17 built) was restored by the Petersen Automotive Museum in Los Angeles where it is on display.

In cars and such, a “bench seat” differs from a “bucket” or “individual” seat in that comfortably it can accommodate two or more occupants, the comparison with furniture being the difference between a “chair” and a “sofa”.  In commercial vehicles, bench seats commonly can seat four but in cars the recommended (and eventually legal) limit was typically three although the truly bizarre Davis Divan (1948) featured a bench allowing four abreast seating for four adults, something which would have been an interesting experience for the quartet because a quirk of the suspension system was the long, pointed nose of the thing actually rose under braking.  The three-wheeled Divan was the brainchild of “automotive entrepreneur” (some historians are less kind) Glen Gordon “Gary” Davis (1904-1973) who put some effort into building the prototypes, not enough into preparation for actual production but much into raising funds from “investors”, a goodly chunk of which apparently was spent on real estate, entertaining and mink coats for “friends” (with all that implies).  He had a flair for slogans so many investors were attracted but the project proved chimeric, Davis tried and convicted of fraud & grand theft, spending two years in prison.  The name Divan was used as an allusion to the car's wide bench seat.  It was from the French divan, from the Ottoman Turkish دیوان (divan), from the Iranian Persian دیوان (divân), from the Classical Persian دیوان (dēwān), from Middle Persian dpywʾn' or dywʾn' (dēwān) (archive, collected writings, compilation of works”), from the Sumerian dub.  The sense was of a sofa-like piece of furniture comprising a mattress lying against the wall and on either the floor or an elevated structure.  Part of the tradition of interior decorating in the Middle East, in the West divans are sometimes called “ottomans”; those with an internal storage compartment: “box ottomans”.

Bench seat for four: A gang of four Sceggs.  Sceggs should not be confused with the homophonic skegs, a feature from shipbuilding.

In courts of the common law traditions the terms “bench” & “bar” date from the medieval age and remain part of courtroom terminology.  “The bench” was originally the seat on which judges at while presiding, the early furniture apparently a simple wooden bench as one would find at many long dining tables and in the manner typical of the way English evolves, “bench” came to be used of judges collectively and of the institution of the judiciary itself.  The “bar” was the physical barrier separating the spectators and participants of a trial from the area where the lawyers and judges conducted the proceedings, thus the “bar table” being that at which the advocates sat and the right to practice law before the bench being “passing the bar”, familiar in the modern US phrase “passing the bar exam” or the English form “called to the bar”.  As “bench” became a synecdoche for the judiciary, “bar” came to be used of the lawyers although in jurisdictions where there is a separation between those who appear in court (barristers) and those who do not (solicitors) “bar” was applied only to the former and even after reforms in some abolished the distinctions between certain branches of the law, specialist practitioners continue often to be referred to as the “equity bar” & “common law bar”.  There’s thus the apparent anomaly of the use of “bencher” (recorded in the 1580s) being used to mean “senior member of an inn of court”, all of whom would have been members of “the bar”.  Presumably the idea was one of “approaching the bench” or (more mischievously) “aspiring to the bench”.  The bench-warrant (one issued by a judge, as opposed to one issued by a magistrate or justice of the peace (JP) dates from the 1690s. 

An illuminated manuscript (circa 1460) which is the earliest known depiction of the Court of King's Bench in session.

In England, the Court of King’s Bench (KB) (or Queen’s Bench (QB) depending on who was on the throne) began in the twelfth century as a court at which the monarch literally presided; it was a circuit court which would, from time-to-time, travel around the counties hearing cases.  The Court of KB was thus in some sense “virtual”, whatever wooden bench upon which he sat becoming the KB for the duration of the trial.  Kings would cease to sit as judges and the KB later was interpolated into the system of courts (there would be many internecine squabbles over the years) until (as the Court of Queen’s Bench), under the Supreme Court of Judicature Act (1873), it, along with the Court of Common Pleas, the Court of Exchequer and Court of Chancery were merged to become the High Court of Justice, each of the absorbed institutions becoming a division.  The Common Pleas and Exchequer Division were abolished in 1880 when the High Court was re-organized into the Chancery Division, Queen's Bench Division and the Probate, Divorce and Admiralty Division (the latter memorably known as “wills, wives & wrecks” in legal slang).  The origin of the KB is a hint of why a king or queen can’t appear before a court in the UK or other places in which they remain head of state: Although it is in a practical sense now a legal fiction, all courts of law are “their courts” of which they remain the highest judge.

Benches afforced with foreign judges, the Chinese Communist Party and Hong Kong’s national security law

Multi-national benches are not uncommon.  There have been courts operating under the auspices of the League of Nations (LoN; 1920-1946) & United Nations (UN; since 1945) such as the International Criminal Court (ICC), the International Court of Justice (ICJ) and the various ad-hoc bodies set up to handle prosecutions related to crimes in specific locations (Rwanda, the former Yugoslavia et al) and the UK had the Judicial Committee of the Privy Council (JCPC) which included senior judges from the Commonwealth.  The JCPC functioned not only as a final court of appeal for Commonwealth nations (a role for a handful it still fulfils) but also as the appellate tribunal for a number of domestic bodies including some ecclesiastical bodies, admiralty matters and even matters from the usually obscure Disciplinary Committee of the Royal College of Veterinary Surgeons.  There were also the International Military Tribunals (IMT) which tried matters arising from the conduct of German & Japanese defendants from World War II (1939-1945), the bench of the latter Tokyo Tribunal notably diverse although those of the subsequent dozen trials in Nuremberg were staffed exclusively by US judges.  A number of former colonies also use foreign judges (and not always from the former colonial power).

However, what remains unusual is the matter of the Chinese Communist Party (CCP) deciding to have foreign judges serve on Hong Kong’s Court of Final Appeal (HKCFA), established in 1997 when the Hong Kong Special Administrative Region (HKSAR) was created upon Beijing regaining sovereignty (under the “one country, two systems” (1C2S)) principle, with the end of British colonial rule.  At that point, the HKCFA became the territory’s highest judicial institution, replacing the JCPC in London.  On the HKCFA’s bench sits the Chief Justice (a Hong Kong national), several “Permanent Judges” and some two-dozen odd “Non-permanent Judges” who may be recruited from Hong Kong or from among lawyers of the requisite background from any overseas common law jurisdiction.  As non-permanent judges, appointments have been drawn (from bar & bench) from Canada, Australia, New Zealand and the UK.

Lindsay Lohan, foreign judge on the bench of The Masked Singer (2019), a singing competition, the Australian franchise of a format which began in the ROK (Republic of Korea (South Korea)) as King of Mask Singer.

While it may seem strange a developed country like the People’s Republic of China (The PRC, the world’s second largest economy, a permanent member of the UN Security Council and since 1965 the final member of the original “Club of Five” declared nuclear powers) would have foreign judges sitting in one of its superior courts, on the mainland the PRC operates under a civil law system which, like the tradition in continental European, is based primarily on written statutes and codes, unlike common law systems, which rely heavily on case law and judicial precedent.  As a British colony, Hong Kong had used common law and under that system had become a major regional and international presence, something in part due to its judicial system being perceived as fair an uncorrupted; it was a “rule of law” state.  In the PRC there simply wasn’t a body of judges or lawyers with the necessary background in common law to staff the territory’s highest appellate court and significantly, at the time of the handover from the Raj, Hong Kong was of great importance to the PRC’s economy and the CCP understood it would be critical to maintain confidence in the rule of law, investors and overseas corporations with Hong Kong resident interests needing to be assured matters such as contracts would continue as before to be enforceable.

So it was, literally, “business as usual”, whatever may have been the fears about the political undercurrent.  The growth of the mainland economy since 1997 has been such that the HKSAR now constitutes only a small fraction of the national economy but analysts (some of whom provide advice to the CCP) understand the linkages running through the territory remain highly useful for Beijing and some long-standing conduits are still used for back-channel communications about this and that.  As far as business is concerned, the operation of the legal system has remained satisfactory, even though the CCP ensured that Beijing retained a reserved power to overturn the HKCFA’s decisions.

The colonial era building where now sits the Hong Kong Court of Final Appeal.  Formally opened in 1912, it was built with granite in the neo-classical style and between 1985-2011 was the seat of the Legislative Council (LegCo).

However, in 2020, a “National Security Law” (technically the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and thus usually written in English as the “NSL”) was imposed.  While not aimed at the regulation of business or economic matters, it was wide in its scope and claims of application (the extraterritoriality extending worldwide), essentially extending to the territory many of the laws of the mainland regarding “political activities” and matters of “free speech”, the latter widely interpreted by the CCP.  Citing the “political situation”, two British judges in June 2024 resigned from the HKCFA, prompted by Beijing’s recent crackdown on dissent in the city, something made possible by the NSL.  In his published letter, one judge, his rationale for departure notwithstanding, did say he continued “…to have full confidence in the court and the total independence of its members.”  As early as 2020, one Australian judge had already resigned, followed by two others from the UK, both saying the Hong Kong government had “…departed from values of political freedom and freedom of expression.”  The CCP may have anticipated some objection from the overseas judges because, since the passage of the NSL, no overseas judge has been allocated to hear the “security-related” cases.  The judicial disquiet seemed not to trouble the territory’s chief executive, former police officer John Lee (Ka-chiu) (b 1957) who said the overseas appointments would continue to help “…maintain confidence in the judicial system and… strong ties with other common law jurisdictions.”  In response to the departing judge’s comment, he claimed the NSL had “no effect” on judicial independence and the only difference was that “…national security is now better safeguarded.

Early in June, the Hong Kong authorities arrested two men and one woman attending a FIFA World Cup qualification match against Iran, their offence being “turning their backs to the pitch and not standing during the performance of the national anthem”, a police spokesman adding that anybody “…who publicly and intentionally insults the national anthem in any way in committing a crime.”  Before the NSL was imposed, bolshie Hongkongers were known to boo the anthem to express discontent with their rulers; that definitely will no longer be tolerated.  The match ended Iran 4: Hong Kong 2 but despite that, more than ever the HKSAR and the Islamic Republic have much in common.