Friday, July 12, 2024

Sisyphean

Sisyphean (pronounced sis-uh-fee-uhn)

(1) Of or relating to Sisyphus.

(2) Something endless and unavailing (describing usually some laborious or repetitive task).

1625–1635: From the Ancient Greek name Sīsýpheios or Sī́syphios, the construct being Sīsýphe + -eios (from the Latin adjectival suffix -ēiōs, the accusative masculine plural of –ēius).  Some etymologists suggest the name has a pre-Greek origin and some connection with the root of the word sophos (σοφός) (wise) while one noted German mythographer thought it derived from sisys (σίσυς) (a goat's skin), a reference to a rain-charm in which goats' skins were used.  A sisyphean task is one which comes to be understood as both endless and futile; no longer how long one persists, the task is never done.  Because it’s based on a name, Sisyphean is often capitalized, but not always and is is used especially in the phrases “Sisyphean task” & “Sisyphean labors”.  The comes from the name of Sisyphus, a character in Greek mythology who was punished by being forced continuously and eternally to roll a boulder up a steep hill and just as he was about the reach the top, the boulder would roll back down, and he’d have to start all over again.  The phrase is now used of any task which seems never to end no matter how diligent one may be, such as clearing the contents of one’s inbox.  A classic modern example (which apparently wasn’t quite true) was the task is allocated to the team painting the Sydney Harbour Bridge; by the time they finished at the northern end, it was time to return to the south and start again.  Sisyphean is an adjective.

In Greek mythology, Sisyphus (Σίσυφος) was the most cunning (if not the most admirable) of mortals.  A Thessalian prince and founder of Corinth (then called Ephyra), he was the son of King Aeolus of Aeolia and Enarete, the daughter of Deimachus and in the way the myths of Antiquity bounced around a bit, he was either the successor and avenger of Corinthus or the successor of Medea.  In the best known of the myths, Autolycus had stolen flocks of sheep from Sisyphus, but because he had engraved his name under the hoof of each, he was able to reclaim them by pointing to the etchings and that day happened to be the eve of the marriage of Anticleia, daughter of Autolycus, and Laertes.  Still not best pleased about the theft of his livestock, Sisyphus that night found his way into the bride’s bed and from that vengeful conquest was born Odysseus.  Those facts are agreed but in some of the myths a scheming Autolycus offered his daughter to Sisyphus because he wanted a grandson to inherit his wiliness & cunning.  The variations in the myths have attracted much comment and it wasn’t until the seventeenth century that some were found to be the work of Medieval writers but some of those with sometimes contradictory “alternative facts” were from Antiquity and it needs to be remembered that many were written by “content providers” who created their “new” product from an existing and popular cast of characters.  In that the process was much the same as the modern equivalent, the US daytime TV soaps, where “killed off” characters can re-appear and on one celebrated occasion, one who had lost a leg managed in a later season to show up again bipedal.

When Zeus abducted Aegina he travelled through Corinth where he was seen by Sisyphus and when her father Asopus came searching for her, Sisyphus promised to reveal the kidnapper's name on condition that Asopus made a spring gush on the town's citadel.  To this Asopus agreed and Sisyphus told him Zeus was the guilty one; here again the myths take forks.  In one telling an enraged Zeus struck the snitch with a thunderbolt, hurling him into the Underworld, where he was condemned for eternity to roll an enormous rock up a hill, the big stone always to roll back to the bottom just as the peak was approached.  However, in the Odyssey, the story was that Zeus sent Thanatos, the spirit of Death, to pay one of his unwelcome visits to Sisyphus in order to bring about his end.  The cunning Sisyphus, however, took Thanatos by surprise and chained him up, meaning that for some time, not one mortal of all of Earth died, compelling Zeus to force the spirit’s release so he could resume his essential tasks; Zeus made sure Sisyphus was the first victim.

Ever plotting, before Thanatos did his work, secretly Sisyphus made his wife promise not to perform at his funeral the obsequies to which he was entitled and upon arrival in the Underworld, stridently he complained to Hades about this slight.  It being a boys club, Hades granted him permission to return to earthly life to punish her.  Of course, the devious fellow didn’t keep to the pact and stayed on Earth, living in rude good health to a great age.  He was though mortal and when eventually he died the gods of the Underworld weren’t going to be tricked again, setting him to the task of pushing the rock uphill, leaving him not a moment to seek his escape.  That story is complete but there were other variations, the most intriguing being in a damaged fragment from the Roman writer Hyginus (Gaius Julius Hyginus (circa 64 BC–17 AD).  Here, it’s described how Sisyphus hated his brother Salmoneus and asked the oracle of Apollo how he could kill the sibling he described as “his enemy”.  Apollo told him that he would find men to take revenge if he slept with his own niece, Tyro, the daughter of Salmoneus.  The deed done, Tyro gave birth to twins by Sisyphus but, learning of what the oracle had promised, she killed her two children.  What happens next is not known because that part of the text has been lost but the concluding passages survived and Sisyphus in found in Underworld, rolling his stone.  For this incestuous tale, readers are invited to fill in the gaps.  The foundation of the Isthmian Games is sometimes attributed to Sisyphus, in honor of his nephew Melicerties.  He was married to Merope and his descendants included Glaucus and Bellerophon.

Some slave for lifetimes at their Sisyphean tasks, others walk away.

Sisyphean and Herculean tasks

A “Sisyphean task” differs from a “Herculean task” in that the latter, although immensely challenging, is achievable with extraordinary effort while the former not only cannot be done but must repeatedly be attempted for all eternity.  Hercules was from the Latin Herculēs, from the Etruscan hercle, from the Ancient Greek ρακλς (Hēraklês), believed to be the cognate of ρα (Hra) (Hera) and, according to some etymologists, the construct was the primitive Indo-European yóhr̥ (year, season) + κλέος (kléos) (glory).  Hercules was the Roman name for the Greek divine hero Heracles, the son of Jupiter and Alcmene, a celebrated hero who possessed exceptional strength.  In the myths, he’s remembered most for the twelve difficult labors he was made to perform as a penance for killing his family and that's the origin of the phrase.

Mr Trump & Mr Biden on CNN.

Essentially, what certain operatives in the White House are hoping is the task confronting Joe Biden (b 1942; US president since 2021) over the next few weeks is merely Herculean and not Sisyphean.  It should of course be neither because all he needs to do is not appear senile or at least not obviously at some stage of cognitive decline.  That would seem a reasonable expectation for a major-party nominee for the office of President of the United States (POTUS), a four-year appointment which, as well as lots of other stuff, includes being commander-in-chief of the planet’s most powerful military and the right to deploy the US nuclear arsenal.  However, after the first televised debate (June 2024) with Donald Trump (b 1946; US president 2017-2021), he has yet to convince many and in each public appearance since, what he has been doing is pushing his rock (which gets bigger and heavier which each attempt) uphill, only to commit some gaff which means the rock rolls to the bottom and he has to start again.  Mixing up the names of Vladimir Putin; (b 1952; president or prime minister of Russia since 1999) & Volodymyr Zelensky (b 1978; president of Ukraine since 2019) might have elicited little more than a smile from observers had it not been part of a pattern of behavior and while in the archives there are doubtlessly many similar gaffs by others, Mr Biden’s are now keenly awaited and rated for severity.  At least quickly he caught the error and corrected himself but later the same day, he referred his vice-president (Kamala Harris (b 1964; US vice president since 2021) as “Vice President Trump”, blithely carrying on, apparently oblivious to what he’d just said.  That seems to be beyond  gaff; more of “a howler”.

It’s definitely a matter of a heightened focus on Mr Biden’s slip-ups and Mr Trump also has “a bit of previous” in mixing up names, something which has not gone unnoticed but has been treated as just an amusing part of the clatter of the campaign and it’s an associative thing: because he’s not labelled as being in “obvious cognitive decline”, when Mr Trump mixes up a name, it’s spun not as a symptom but just an “everyday” gaff.  In January 2024 Mr Trump mistakenly referred to his then rival for the nomination Nikki Haley (b 1972; ambassador to UN 2017-2018) when he should have been attacking Democrat Nancy Pelosi (b 1940; speaker of the US House of Representatives 2007-2011 & 2019-2023), repeatedly naming Ms Haley (who for some two years under his administration served as ambassador to the UN) when speaking at a campaign rally in New Hampshire, discussing the 6 Jan 2021 capitol riot:

Nikki Haley, you know they, do you know they destroyed all of the information, all of the evidence, everything, deleted and destroyed all of it.  All of it, because of lots of things like Nikki Haley is in charge of security.  We offered her 10,000 people, soldiers, National Guard, whatever they want.  They turned it down. They don’t want to talk about that.  These are very dishonest people.

Nikki Haley must have been much on his mind.  The previous September, he’d surprised a few by saying “…with Obama, we won an election that everyone said couldn’t be won” before going on to say “…we would be in World War II (1939-1945) very quickly if we’re going to be relying on [Mr Biden].”  Asked for a comment, Mr Trump claimed sometimes “sarcastically” he transposes Mr Biden’s name with that of Barack Obama (b 1961; US president 2009-2017) “…as an indication that others may actually be having a very big influence in running our country.”  Seemingly, crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) is no longer on his mind.

This is a genuine crisis for the Democratic Party and one thing it has done is publicize the way the machinery would work if a critical mass of delegates to the Democratic National Convention (scheduled for 19-22 August 2024) decide to contest Mr Biden’s path to the nomination.  The first potential spanner in the works is a recent amendment to Ohio electoral law which demands presidential candidates be certified (ie the state’s electoral commissioner must be notified that presidential candidates have been officially nominated) at least 90 days before the general election if they are to appear on ballot’s in Ohio.  That makes the Ohio deadline the earliest in the land and the cut-off date is 7 August, some two weeks before the convention.  The Republican National Convention is held in July so this is exclusively a problem for the Democrats and the issue has existed in the past but states have either accepted a “provisional nomination” or extended their deadline.  The Ohio attorney-general however says the state will not be accepting a provisional certificate and the Republican-controlled legislature did not pass an extension amendment so there things stand, appearing to demand the delegates vote in some virtual way prior to 7 August.  There is also the matter of federal electoral law for the delegates to consider.  What it holds is that the millions of dollars being held as campaign funds for the Biden-Harris ticket cannot be transferred to new ticket, unless the new presidential nominee was one of the members of the old.  What this means is that if Mr Biden is not the nominee, the vital campaign funds will remain available only if that nominee is Vice-President Harris.

Mr Biden at work.

Political junkies who belong to the school of “politics as theatre” are actually hoping for a so-called “open convention” (sometimes called a “brokered convention), something not seen since 1952 although both parties have since flirted with the possibility.  An open convention is one in which no individual secures a majority on the first ballot and it become a matter of horse trading between 4000-odd delegates and for that to happen would require either Mr Biden deciding to withdraw (and presumably endorsing Ms Harris) or a challenge emerging from the floor.  While the junkies can see the potential for fun in such a spectacle, the thought of an open convention sends shivers down the spines of the party bosses who like things to be stage-managed and decided in advance; the potential for messiness just too big a risk.  Still, at least in theory, it really is in the hands of the delegates who under the law are entitled to vote for whomever they wish, even if they have been elected on the basis of a pledge to vote for a certain candidate.

If Mr Biden manages to rise to the herculean task of convincing the necessary folk he’s not senile then the problem goes away because, even if they think he’s likely to descend into senility during a second term, that’s a bridge to be crossed as some later date.  Perhaps fortunately for Mr Biden, even if the task proves Sisyphean, he might still secure the nomination by refusing to withdraw because it’s not as if there are others both outstanding in quality and willing to stand against the Republican’s inevitable nominee; this is not 1968.  Interestingly, analysts have noted a sudden shift in the Trump campaign and suggest rather than trying to damage Mr Biden to the extent he's forced to withdraw from the process, the strategy now appears to be shaped towards ensuring he remains the candidate, the assumption being Trump will beat Biden but only may win against another candidate.  In politics, there's much preference for the known rather than the unknown. 

Thursday, July 11, 2024

Prerogative

Prerogative (pronounced pri-rog-uh-tiv)

(1) An exclusive right, privilege, etc, exercised by virtue of rank, office, or the like; having a hereditary or official right or privilege.

(2) A right, privilege, etc, limited to a specific person or to persons of a particular category.

(3) A power, immunity, or the like restricted to a sovereign government or its representative.

(4) Characterized by lawless state actions (refers to the prerogative state)

(5) Precedence (obsolete except in the legal sense of the hierarchy of rights).

(6) A property, attribute or ability which gives one a superiority or advantage over others; an inherent (though not necessarily unique) advantage or privilege; a talent.

(7) In constitutional law, a right or power exclusive to a head of state (often derived from the original powers of a monarch) or their nominee exercising delegated authority, especially the powers to appoint or dismiss executive governments.

1350-1400: From the Anglo-Norman noun prerogatif, from the Old French prerogative, from the Latin praerogātīva (previous verdict; claim, privilege), noun use of the feminine singular of praerogātīvus (having first vote; privileged), in Anglo-Latin as prerogativa from late thirteenth century.  The origin lay in a statute in the civil law of Ancient Roman which granted precedence to the tribus, centuria (an assembly of one-hundred voters who, by lot, voted first in the Roman comita).  The law guaranteed them a praerogātīvus (chosen to vote first) derived from praerogere (ask before others).  The construct of praerogere was prae (before) + rogare (to ask, ask a favor), apparently a figurative use of a primitive Indo-European verb meaning literally "to stretch out (the hand)" from the root reg- (move in a straight line).  In Middle English, the meaning "an innate faculty or property which especially distinguishes someone or something" was added.  The alternative spelling prærogative is long obsolete.  Prerogative is a noun & adjective, prerogatived is an adjective and prerogatively is an adverb; the noun plural is prerogatives.

In English law, a court classified as “a prerogative court” was one through which the discretionary powers, privileges, and legal immunities reserved to the sovereign could be exercised.  The best known of these courts was the Court of Exchequer, the Court of Chancery and the Court of the Star Chamber (the latter one of those institutions formed to rectify injustice but which was later the source of much; the Court of the Star Chamber may be used as a case-study explaining the phrase: “the road to hell is paved with good intentions”).  In time, clashes between the prerogative courts and common law courts became something of a proxy-theatre in the contest between the king and parliament.  The way that worked out was that the ancient (essentially personal) prerogative rights of the monarch weren’t abolished but rather exercised by parliament or institutions (including courts) to which the powers were delegated.  Whether any prerogative power remains in the hands of the sovereign to be used in “extraordinary and reprehensible circumstances” remains a matter of debate.  There were also ecclesiastical prerogative courts under the authority of the archbishops of Canterbury and York but they existed only to handle probate matters in cases where estates beyond a certain defined value were spread between the two dioceses but they also handled many wills of those who died in colonial or other overseas service.  As part of the great reforms of the late nineteenth century undertaken in the Judicature Acts (1873-1899) the jurisdiction of the ecclesiastical prerogative moved to the common law courts, being finally vested in the Family Division of the High Court of Justice.

In English law, the still sometimes invoked prerogative writ (the best known of which were habeas corpus (from the Latin habeas corpus ad subjiciendum (usually translated as “bring up the body (ie the prisoner))), a demand a prisoner being held by an organ of the state be brought before a court to determine whether there was lawful authority for the detention) and mandamus (from the Latin mandāmus (we command)), an order issued by a higher court to compel or to direct a lower court or a government officer correctly to perform mandatory duties) was a class of six orders available to the crown for the purpose of directing the action of an organ of government (including courts, officials or statutory bodies).  The name was derived from the authority these exercised being traceable ultimately to the discretionary prerogative & extraordinary power of the monarch and the principle remains in use in many common law jurisdictions which evolved from the old British Empire, notably those of the Raj of colonial India.

The woman's prerogative

For a man incautiously to use the phrase “a woman's prerogative”, the risk would be “cancellation” (or worse) although it’s probably still acceptable if there’s a layer of irony.  The phrase is a clipping of the full: “it’s a woman’s prerogative to change her mind”, the implication being women have the right to change their minds or make decisions based on their own preferences and need provide no explanation or justification.  Wise men (and the pussy-whipped) accept this without demur.  It is of course a reflection of a cultural stereotype and seems to have come into use in the mid-nineteenth century, an era in which gender roles were more rigidly defined and women were thought to be more capricious or whimsical in their actions.  However, in law, the “woman's prerogative” was once enforceable, granting them rights not available to men, a most unusual development in Western jurisprudence.

Well into the twentieth century, it was legal orthodoxy in common law jurisdictions for an offer of marriage to be enforceable under the rules of contract law.  While courts didn’t go as far as ordering “specific performance” of the contract (ie forcing an unwilling party to marry someone), they would award damages on the basis of a “breach of promise”, provided it could be adduced that three of the four essential elements of a contract existed: (1) offer, (2) certainty of terms and (3) acceptance.  The fourth component: (4) consideration (ie payment), wasn’t mentioned because it was assumed to be implicit in the nature of the exchange; a kind of “deferred payment” as it were.  It was one of those rarities in common law where things operated wholly in favor of women in that they could sue a man who changed his mind while they were free to break-off an engagement without fear of legal consequences though there could be social and familial disapprobation.  Throughout the English-speaking world, the breach of promise tort in marriage matters has almost wholly been abolished, remaining on the books in the a handful of US states (not all of which lie south of the Mason-Dixon Line) but even where it exists it’s now a rare action and one likely to succeed only in exceptional circumstances or where a particularly fragrant plaintiff manages to charm a particularly sympathetic judge.

The royal prerogative and the reserve powers of the crown

The royal prerogative is the body of customary authority, privilege, and immunity and the means by which (some of) the executive powers of government are exercised in the governance of the state.  These powers are recognized in common law (and in some civil law) jurisdictions are held to vest wholly in the sovereign alone, even if exercised through either appointees (of which governors, governors-general & viceroys are the best-known) constitutional government.  In the narrowest sense of technical theory, the recognition of the personal powers of a sovereign exists in most common law systems where the concept is relevant but has long since mostly been reduced to legal fiction and in most constitutional monarchies, almost all individual prerogatives have been abolished by parliaments.  Some republican heads of state also possess similar powers but they tend to be constitutionally defined and subject to checks and balances.  A notable exception to this is a US president’s un-trammeled right to grant pardons to those convicted of offences under federal law and that’s interesting because it’s the only power in the US Constitution not subject to a check or balance.  A US president thus personally continues to exercise a prerogative in a way a British monarch (or their appointees as governors & governors-general), from whom the power is derived, no longer can.

In Britain, prerogative powers were originally exercised by the monarch (at least in theory and the role of the Church needs also to be noted) acting alone but after the Magna Carta (1215, from the Medieval Latin Magna Carta Libertatum (Great Charter of Freedoms) which divided power among the ruling class, there had to be sought the consent of others and this ultimately became parliamentary consent granted to an executive (exercising powers derived from the absolute authority of the monarch) responsible to the parliament.  This took centuries to evolve and eventually meant, in practical terms, the king got the money he needed for his wars and other ventures in exchange for the parliament getting his signature to pass the laws they wanted.

Watched by the courtiers Lord Mulgrave & Lord Morpeth, Lord Melbourne serves King William IV a blackbird pie (1836), lithograph with watercolour by John Doyle (1797-1868), Welcome Collection, London.  The text is a re-arranged selection of lines from the eighteenth century English nursery rhyme “Sing a Song of Sixpence” and reads: “Sing a song of six pence a bag full of rye, four and twenty black birds baked in a pie, when the pie was opened, the birds began to sing, was not this a pretty dish to set before a king. The blackbirds sing “Justice for Scotland!” and “No tithes!”, controversial issues of the age.  Nineteenth century cartoonists were sometimes more harsh in their treatment of politicians and royalty. 

In Australia, the royal prerogative is limited (but not defined) by the constitution and those powers which vest a monarch’s authority in a governor-general don’t alter the nature of the prerogative, only its detail; the prerogative is exercised by the governor-general but only on the advice of “their” ministers.  The most obvious exception to this is the reserve power of the monarch (and there are those who doubt whether this still exists in the UK) to dismiss a government enjoying the confidence of the lower house of parliament.  In the UK, it’s not been done since William IV (1765–1837; King of the United Kingdom 1830-1837) dismissed Lord Melbourne (1779–1848; Prime Minister of Great Britain 1834 & 1835–1841) in 1834 (some dispute that, saying it was more of a gentleman’s agreement and the last termination was actually that of Lord North (1732–1792; Prime Minister of Great Britain 1770-1782) by George III (1738–1820) King of Great Britain 1760-1820) in 1782) but Australia has seen two twentieth-century sackings; that in 1932 of NSW premier Jack Lang (1876–1975; Premier of New South Wales 1925-1927 & 1930-1932) by Governor Sir Philip Game (1876–1961; Governor of NSW 1930-1935) and, in 1975, when governor-general Sir John Kerr (1914–1991; Governor-General of Australia 1974-1977) sundered Gough Whitlam’s (1916–2014; Prime Minister of Australia 1972-1975) commission.

Dr HV Evatt in his office at the United Nations, New York, 1949.

The 1975 business provoked much academic discussion of the reserve powers but the most lucid read remains Dr HV Evatt’s (1894–1965; ALP leader 1951-1960) book from decades earlier: The King and His Dominion Governors (1936).  Evatt’s volume was published a hundred odd-years after William IV sacked Melbourne and is useful because in that century there had been more than a few disputes about reserve powers.  Evatt’s central point was that the powers exist but proper rules by which they may be exercised are by no means clear.  The legal power is vested in the governor as the representative of the monarch and when it may properly be used depends on usage and convention.  It seems therefore scarcely possible to say confidently of any case when the Crown has intervened that its intervention was or was not correct for the only standard of correctness in each episode is its consistency with episodes of a similar character, none of which in themselves lay down any principle in law.  Further, Evatt notes, in looking to precedent, support for almost any view can be found in the authorities.  Lofty theoretical purity is also not helpful.  The view the sovereign automatically acts in all matters in accordance with the advice of his ministers rests entirely upon assertion and, Evatt observed, the reserve powers are still, on occasion, properly exercisable and that the Sovereign or his representative may have to exercise a real discretion.  Given that, it really might be impossible that the prerogative could be codified in a document which envisages all possible political or other circumstances.  Evatt nevertheless argued the principles which should guide a sovereign should be defined and made clear by statute.

Nor is practical political reality all that much help, however satisfactory an outcome may prove.  What the exercise of the reserve powers, both in 1932 and 1975, did was enable impasses described, however erroneously as constitutional crises to be resolved by an election, rather than other means.  The result of an election however does not conclude the matter for the correctness of the sovereign's action is not measured by his success as a prophet, any post-facto endorsement by the electorate having not even an indirect bearing on the abstract question of constitutionality.

Although variously a high court judge, attorney-general, foreign minister, opposition leader and Chief Justice of NSW, all Dr Evatt asked for on his gravestone was President of the United Nations, noting his service as president of the general assembly (1948-1949).

Evatt’s core argument therefore was reserve powers should be subject to the normal and natural process of analysis, definition and reduction to the rules of positive law, which, by 1936, had in some places been done.  Evatt considered section 33 (10) of the Western Nigerian constitution which codified things thus: The Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support or a majority of the members of the House of Assembly.  Other sections went on to detail the mechanisms of the exercise of the power, thereby attempting to do exactly what Evatt suggests.  However, the Nigerian example cited by Evatt did not prove a solution because the exercise of the power under the constitution became in 1962 a matter of dispute and the case proceeded though the courts, finally ending up before the Privy Council as Adegbenro v. Akintola (1963 AC 614), an indication even the most explicit codification can remain something imperfect.

Wednesday, July 10, 2024

Customer

Customer (pronounced kuhs-tuhm-ah)

(1) A habitual patron, regular purchaser, returning client; one who has a custom of buying from a particular business (obsolete in its technical sense).

(2) A patron, a client; one who purchases or receives a product or service from a business or merchant, or intends to do so.

(3) In various slang forms (cool customer, tough customer, ugly customer, customer from hell, dream customer etc), a person, especially one engaging in some sort of interaction with others.

(4) Under the Raj, a native official who exacted customs duties (historic use from British colonial India).

Late 1300s: From the Middle English customere & custommere (one who purchases goods or supplies, one who customarily buys from the same tradesman or guild), from custumer (customs official, toll-gatherer), from the Anglo-French custumer, from the Old French coustumier & costumier (from which modern French gained coutumier (customary, custumal)), from the Medieval Latin noun custumarius (a toll-gatherer, tax-collector), a back-formation from the adjective custumarius (pertaining to custom or customs) from custuma (custom, tax).  The literal translation of the Medieval Latin custumarius was “pertaining to a custom or customs”, a contraction of the Latin consuetudinarius, from consuetudo (habit, usage, practice, tradition).  The generalized sens of “a person with whom one has dealings” emerged in the 1540s while that of “a person to deal with” (then as now usually with some defining adjective: “tough customer”, difficult customer” et al) was in use by the 1580s.  Derived terms are common including customer account, customer base, customer care, customer experience, customer-oriented, customer research, customer resistance, customer service, customer success, customer support, direct-to-customer, customer layer, customer-to-customer, ugly customer, tough customer, difficult customer et al.  Customer is a noun; the noun plural is customers.

William Shakespeare (1564–1616) used the word sometimes to mean “prostitute” and in his work was the clear implication that a buyer was as guilty as the seller, the law both unjust and hypocritical, something which in the twentieth century would be rectified in Swedish legislation.

Shakespeare: All's Well That Ends Well (circa 1602), Act 5, scene 3

LAFEW:  This woman’s an easy glove, my lord; she goes off and on at pleasure.

KING: This ring was mine. I gave it his first wife.

DIANA: It might be yours or hers for aught I know.

KING (to attendants) Take her away. I do not like her now.  To prison with her, and away with him. Unless thou tell’st me where thou hadst this ring, Thou diest within this hour.

DIANA: I’ll never tell you.

KING: Take her away.

DIANA: I’ll put in bail, my liege.

KING: I think thee now some common customer.

DIANA (to Bertram): By Jove, if ever I knew man, ’twas you.

In Sweden, the law was amended in a way of which Shakespeare might have approved, Chapter 6, Section 11 of the Swedish Penal Code making it an offence to pay for sex, the act of “purchasing sexual services” criminalized, the aim being to reduce the demand for prostitution.  The law provides for fines or a maximum term of imprisonment for one year, depending on the circumstances of the case.  So selling sexual services is not unlawful in Sweden but being a customer is, an inversion of the model for centuries applied in the West.  Individuals who engage in prostitution are not criminalized under Swedish law, which is intended to protect sex workers from legal penalties while targeting the customers, now defined as those who “exploit them”.  The Swedish model aims to reduce prostitution by focusing on the demand side and providing support for those who wish to exit prostitution and as a statement of public policy, the law reform reflected the government’s view prostitution was a form of gender inequality and exploitation.  The effectiveness of the measure has over the years been debated and the customer-focused model of enforcement has not widely been emulated.

The customer is always right

Reliable return customer: Lindsay Lohan in the Chanel Shop, New York City, May 2013.

The much quoted phrase (which in some areas of commerce is treated as a proverb): “the customer is always right” has its origins in retail commerce and is used to encapsulate the value: “service staff should give high priority to customer satisfaction”.  It is of course not always literally true, the point being that even when patently wrong about something, it is the customer who is paying for stuff so they should always be treated as if they are right.  Money being the planet’s true lingua franca, variations exist in many languages, the best known of which is the French le client n'a jamais tort (the customer is never wrong), the slogan of Swiss hotelier César Ritz (1850-1918) whose name lived on in the Hôtel Ritz in Paris, the Ritz and Carlton Hotels in London and the Ritz-Carlton properties dotted around the world.  While not always helpful for staff on the shop floor, it’s an indispensible tool for those basing product manufacturing or distribution decisions on aggregate demand.  To these bean counters, what is means is that if there is great demand for red widgets and very little for yellow widgets, the solution is probably not to commission an advertising campaign for yellow widgets but to increase production of the red, while reducing or even ceasing runs of the yellow.  The customer is “right” in what they want, not in the sense of “right & wrong” but in the sense of their demand being the way to work out what is the “right” thing to produce because it will sell.

Available at Gullwing Motor Cars: Your choice at US$129,500 apiece.

The notion of “the customer is always right” manifests in the market for pre-modern Ferraris (a pre-1974 introduction the accepted cut-off).  While there nothing unusual about differential demand in just about any market sector, dramatically is it illustrated among pre-modern Ferraris with some models commanding prices in multiples of others which may be rarer, faster, more credentialed or have a notionally more inviting specification.  That can happen when two different models are of much the same age and in similar condition but a recent listing by New York-based Gullwing Motor Cars juxtaposed two listings which left no doubt where demand exists.  The two were both from 1972: a 365 GTC/4 and a Dino 246 GT.

Some reconditioning required: 1972 Ferrari 356 GTC/4

The 365 GTC/4 was produced for two years between 1971-1972 during which 505 were built.  Although now regarded as a classic of the era, the 365 GTC/4 lives still in the shadow of the illustrious 365 GTB/4 with which, mechanically, it shares much.  The GTB/4 picked up the nickname “Daytona”, an opportunistic association given 1-2-3 finish in the 1967 24 Hours of Daytona involved three entirely different models while the GTC/4 enjoyed only the less complementary recognition of being labeled by some il gobbone (the hunchback) or quello alla banana (the banana one).  It was an unfair slight and under the anyway elegant skin, the GTB/4 & GTC/4 shared much, the engine of the latter differing mainly in lacking the dry-sump lubrication and the use of six twin-choke side-draft Weber carburetors rather than the downdrafts, this permitting a lower bonnet (hood) line.  Revisions to the cylinder heads allowed the V12 to be tuned to deliver torque across a broad rev-range rather than the focus on top-end power which was one of the things which made the GTB/4 so intoxicating.

Criticizing the GTC/4 because it doesn’t quite have the visceral appeal of the GTB/4 seems rather like casually dismissing the model who managed only to be runner-up to Miss Universe.  The two cars anyway, despite sharing a platform, were intended for different purposes, the GTB/4 an outright high performance road car which could, with relatively few modifications, be competitive in racing whereas the GTC/4 was a grand tourer, even offering occasional rear seating for two (short) people.  One footnote in the history of the marque is the GTC/4 was the last Ferrari offered with the lovely Borrani triple-laced wire wheels; some GTB/4s had them fitted by the factory and a few more were added by dealers but the factory advised that with increasing weight, tyres with much superior grip and higher speeds, they were no longer strong enough in extreme conditions and the cast aluminum units should be used if the car was to be run in environments without speed restrictions such as race tracks or certain de-restricted public roads (then seen mostly in the FRG (Federal Republic of Germany, the old West Germany, Montana & Nevada in the US and Australia's Northern Territory & outback New South Wales (NSW)).  The still stunning GTB/4 was the evolutionary apex of its species; it can't be improved upon but the GTC/4 is no ugly sister and when contemplating quello alla banana, one might reflect on the sexiness of the fruit.

Gullwing’s offering was described as “a highly original unrestored example in Marrone Colorado (Metallic Brown) with a tan leather interior, factory air conditioning, and power windows; showing 48K miles (77K kilometres) on the odometer.  It has been sitting off the road for several years and is not currently running. It was certainly highly original and seemed complete but properly should be regarded as a “project” because of the uncertainty about the extent (and thus the cost) of the recommissioning.  At an asking price of US$129,500, it would represent good value only if it was mechanically sound and no unpleasant surprises were found under the body’s shapely curves although, given the market for 365 GTC/4s in good condition, it was a project best taken on by a specialist.

Some assembly required: 1972 Dino 246 GT by Ferrari

The days are gone when the Dino 246 was dismissed as “more of a Fiat than a Ferrari” and even if the factory never put their badge on the things (although plenty subsequently have added one), they are now an accepted part of the range.  The 246 replaced the visually almost similar but slightly smaller and even more jewel-like Dino 206, 152 of which (with an all-aluminium 2.0 litre (122 cubic inch) V6 rather than the V12s which had for some years been de rigueur in Ferrari’s road cars) were built between 1967-1969, all with berlinetta (coupé) bodywork.  Mass-produced by comparison, there were 3569 Dino 246s produced between 1969-1974, split between 2,295 246 GTs (coupés) & 1,274 246 GTSs (spyders (targa)).  Fitted with an iron-block 2.4 litre (147 cubic inch) V6, the Dinos were designed deliberately to be cheaper to produce and thus enjoy a wider market appeal, the target those who bought the more expensive Porsche 911s, a car the Dino (mostly) out-performed.  In recent decades, the Dino 246 has been a stellar performer in the collector market, selling typically for three times the price of something like a 365 GTC/4; people drawn to the seductive lines rather than the significantly better fuel consumption.

Most coveted of the 246s are those describe with the rhyming colloquialism “chairs and flares” (C&F to the Ferrari cognoscenti), a reference to a pair of (separately available) options available on later production Dino 246s.  The options were (1) seats with inserts (sometimes in a contrasting color) in the style used on the Daytona & (2) wider Campagnolo Elektron wheels (which the factory only ever referred to by size) which necessitated flared wheel-arches.  At a combined US$795.00 (in 1974), the C&F combination has proved a good investment, now adding significantly to the price of the anyway highly collectable Dino.  Although it's hard to estimate the added value because so many other factors influence calculation, all else being equal, the premium is usually between US$100-200,000 but these things are always relative; in 1974 the C&F option added 5.2% to a Dino GTS's list price and was just under a third the cost of a new small car such as the Chevrolet Vega.  It was a C&F Dino 246 GTS which in 1978 was found buried in a Los Angeles where it had sat for some four years after being secreted away in what turned out to be an unplanned twist to a piece of insurance fraud.  In remarkably good condition (something attributed to its incarceration being during one of California’s many long droughts), it was fully restored.

Not in such good condition is the post-incineration Dino 246 GT (not a C&F) being offered by Gullwing Motor Cars, the asking price the same US$129,500 as the 365 GTC/4.  Also built in 1972, Gullwing helpfully describe this as “project”, probably one of history’s less necessary announcements.  The company couldn’t resist running the title “Too Hot to Handle” and described the remains as “…an original car that has been completely burnt.  Originally born in Marrone Colorado with beige leather.  It comes with its clear matching title and this car clearly needs complete restoration, but the good news is that it's certainly the cheapest one you will ever find.  The Dino market is hot and shows no signs of cooling. An exciting opportunity to own an iconic 246GT Dino. This deal is on fire!  It’s still (technically) metal and boasts the prized “matching numbers” (ie the body, engine & gearbox are all stamped with the serial numbers which match the factory records) so there’s that but whether, even at the stratospheric prices Dinos often achieve, the economics of a restoration (that may be the wrong word) can be rationalized would need to be calculated by experts.  As with the 365 GTC/4, Gullwing may be amenable to offers but rather that the customer always being right, this one needs "the right customer".

Aggregate demand: The highly regarded auction site Bring-a-Trailer (BAT, their origin being a clearing house for “projects” although most were less challenging than Gullwing’s Dino) publishes auction results (including “reserve not met” no-sales) and the outcomes demonstrate how much the market lusts for Dinos.  BAT also has a lively comments section for each auction and more than once a thread had evolved to discuss the incongruity of the prices achieved by Dinos compared with the rarer Boxer 365 & 512 BB (1973-1984) which was when new much more expensive, much faster and, of course, a genuine twelve cylinder Ferrari.  In such markets however, objective breakdowns of specifications and specific performance are not what decide outcomes: The customer is always right.

Tuesday, July 9, 2024

Vorticism

Vorticism (pronounced vawr-tuh-siz-uhm)

A short-lived movement in the British avant-garde, nurtured by Wyndham Lewis, which climaxed in a London exhibition in 1915 before being absorbed.

1914: The construct was vortic + -ism.  The Latin vortic was the stem of vortex, (genitive vorticis), an archaic from of vertex (an eddy of water, wind, or flame; whirlpool; whirlwind whirl, top, crown, peak, summit), from vertō (to turn around, turn about) from vertere (to turn), from the primitive Indo-European wer (to turn; bend).  The –ism suffix is from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Vorticism is a noun, vorticist is a noun & adjective and vorticistic is an adjective; the noun plural was vorticists,  The forms vorticistically & vortical seem never to have come into use.

Hieratic head of Ezra Pound (1914), by Henri Gaudier-Brzeska (1891-1915).

The name Vorticism was said to have been coined in 1914 by the poet Ezra Pound (1885–1972) years before fascism and madness possessed his soul.  Pound had already used the word "vortex" to describe the effect modernist poetry was having on intellectual thought in Europe and he used the word not in the somewhat vague sense it often assumed when used figuratively to suggest swirling turbulence but rather as a mathematician or meteorologist might: an energy which gathers from the surrounding chaos what’s around, imparts to it a geometrical form which, intensifying as it goes, arrives at a single point.  Pound’s coining of the name is generally accepted but some historians claim the name was chosen by the Italian futurist Umberto Boccioni (1882-1916) who claimed all creative art could emanate only from a vortex of emotions.

Blast Magazine, July 1915.

Vorticism flourished only briefly between 1912-1915 as an overly aggressive reaction to what was held to be an excessive attachment to and veneration for delicacy and beauty in art and literature, preferring to celebrate the tools of modernity, the violence and energy of machines.  In painting and sculpture the angles were sharp and the lines bold, colors displayed in juxtaposition to emphasize the starkness of their difference and there was a reverence for geometric form and repetition.  The movement in 1914 published its own magazine: Blast: the Review of the Great English Vortex which was more manifesto than critique, a London-based attempt to gather together the artists and writers of the avant‐garde in one coherent movement.  It wanted the shock of the new.

Composition (1913), by Wyndham Lewis (1882-1957).

The idea was an art which reflected the strains of the vortices of a modern life in what was increasingly a machine age.  Thus, although it remains a footnote in the history of modern art, the label Vorticism refers to a political and sociological point rather than a distinct style such as contemporaries like Cubism or Futurism.  The timing was of course unfortunate and the outbreak of World War I (1914-1918) robbed Vorticism of much of its initial energy; the exhibition eventually staged in London’s Doré Gallery in 1915 remained a one-off and, like much of the pre-1914 world, Vorticism didn’t survive the World War.

Dance Hall Scene (circa 1913), by CRW Nevinson (1889-1946).

Being unappreciated at the time, most of the paintings of the vorticists were lost but retrospectives have been assembled from what remains and the still extant photographic record and there’s now a better understanding of the legacy and the influence on art deco, dada, surrealism, pop art, indeed, just about any abstract form.  Graphic art too benefited from the techniques, the sense of line and color identifiable in agitprop, twentieth century advertising and, most practically, the “dazzle” camouflage used by admiralties in both world wars as a form of disguise for ships.

Juan Garrido, a graphic designer based in Caracas, Venezuela, created the display typeface Vorticism in 2013.  Reflecting the cultural and linguistic influences, while there are a number of typefaces called futurism (or some variation) and some based on the word "vortex", Mr Garrido's "Vorticism" is uniquely named.

Lindsay Lohan in the Vorticism typeface.

Ezra Pound (1919), by Wyndham Lewis.

Even in 1912, Vorticism’s use of bold, abstract, and geometric forms (often depicting movement and mechanical apparatuses) wasn’t new but the movement had an energy which attracted those wanting to create imagery which marked a dramatic break from the representational forms which then were still dominant early in the ear which would come to be known as the dawn of modernity.  In that sense, Vorticism is understood as one of a number of movements embracing a new aesthetic reflecting the dynamism and energy of the modern world.  That as a distinct entity Vorticism didn’t endure was in a way an indication of success rather than failure because its motifs and techniques were co-opted to serve as foundational aspects of many movements in modern art, the abstract and geometric forms underpinning Futurism and Constructivism as well as becoming a staple of commercial graphic art and advertising.  Perhaps the most obvious influence was the artistic legitimization of the integration of text into images, a practice borrowed from commerce and a notable signature of Dada and Surrealism.  The use of text as a visual element challenged traditional boundaries between different art forms, a tension which enabled Pop art to create was in some ways a novel ecosystem.  However, those same motifs have been used also as something illustrative of the destructive tendencies of the speed and spread of mechanical and industrial reality which the vorticists championed and Precisionism & Bauhaus celebrated, at least in a sanitized and idealized way which hid the essential ugliness below.