Monday, September 9, 2024

Filibuster

Filibuster (pronounced fil-uh-buhs-ter (U) or fil-e-bust-ah (non-U))

(1) In US politics, the use of irregular or obstructive tactics by a member of a legislature to prevent the adoption of a measure generally favored or to attempt to force a decision against the will of the majority.

(2) An exceptionally long speech, as one lasting for a day or days, or a series of such speeches to accomplish this purpose.

(3) A member of a legislature who makes such a speech.

(4) By extension, delaying tactics generally.

(5) Historically, an irregular military adventurer, especially one who engages in an unauthorized military expedition into a foreign country to foment or support a revolution.

(6) By extension, to engage in unlawful and private military action; a mercenary soldier (obsolete).

1580–1590: From the Spanish filibustero (pirate), from the Middle French flibustier, a variant of fribustier and probably from the Dutch vrijbuiter (pirate (literally “one plundering freely”).  The construct in Dutch was vrij (free) + buit (booty) + -er (agent), hence the later English noun “freebooter”.  Etymologists note the alteration in the first syllable in French was due to the word being somewhat conflated with vlieboot (light, flat-bottomed cargo vessel with two or three masts) when it was borrowed from the Dutch.  By virtue of the Dutch colonial empire, filibuster was picked up by Indonesian and, as fèilìbǎshìtuō (費力把事拖/费力把事拖), by Chinese.  Filibuster is a noun & verb, filibusterer & filibusterism are nouns, filibusterous is an adjective, filibustering & filibustered are verbs and filibusterist is a noun & adjective; the noun plural is filibusters.

There’s some murkiness about the word’s entry into English, perhaps because the first use was among sailors at sea.  The first recorded instance seems to have been flibutor meaning “pirate” and referring to buccaneers operating in Caribbean waters (almost always French, Dutch, and English “adventurers” (ie pirates)) and that was some sort of variant (possibly an imperfect echoic) of the Dutch vrijbueter (the modern spelling vrijbuiter) (freebooter), the word used of the regions pirates and picked up in Spanish (filibustero) & French (flibustier (earlier fribustier)) forms.  If was this origin which led to the later use in English of “freebooter” to mean “a mercenary; a soldier of fortune” and later still to those irregular combatants, organized into loose (but still structured) formations in the US and travelling during the mid-nineteenth century to Central America or the Spanish West Indies, usually after being hired by a state or insurrectionist force, either to put down or conduct a revolt.

Although now most associated with US politics (notable the Senate), the use of “filibuster” to describe the parliamentary tactic appears not widely to have been used in this context until 1865 although the practice was first this described in 1861, the curious linguistic adoption is explained by the appeal of the notion of obstructionist or recalcitrant legislators acting “like pirates” on the floor of the chamber to “plunder and overthrow” the established order of authority; because of events in Central America and the Caribbean, the word (used in the paramilitary sense since 1853) was in the news  Originally, “filibuster” was used to describe the “ringleader” senator but so institutionalised did it become in Senate procedures that by the early 1890s it was understood as the actual mechanism.  As a delaying tactic, then, as now, it wasn’t exclusive to the Senate bit because of the Senate’s rules, composition and numbers, it was there it could be most effective.  As a tactical mechanism in the US Senate, filibuster continues to enjoy its historic meaning but it’s long been used in many contexts as “verbal shorthand” for “delaying tactic; obstructionism; act of procrastination” and in the US Senate, filibusters can be ended by an act of “cloture” (from the French clôture (closure) and a doublet of closure and clausure (from Late Latin clausūra, from the Classical Latin clauses) (the act of shutting up or confining; confinement).

In its pure form (under rules which permitted “unlimited debate”, subject only to a closing vote by a two-thirds majority among an assembled quorum) the filibuster existed only to 1917 when the first cloture act was passed.  Since then there have been a number of refinements, all designed to limit the extent to which the filibuster can be used to defy the will of a clear majority and in certain situations, most notably votes confirming the appointment of judges to the SCOTUS (Supreme Court of the US) only a bare majority (ie 51 out of 100) is now required, a significant change from what prevailed for most of the republic’s existence when at least 60 votes were needed, something which meant at least some bipartisan support was usually essential.  That applied also to other presidential appointments such as federal judges and cabinet members.

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

It was during the administration of George W Bush (George XLIII, b 1946; US president 2001-2009) that the Republican Party began exploring a way to neuter the filibuster which was slowing up (in some cases stopping) their project and what they wanted as a change to the Senate rules which would allow judicial nominees to pass with a simple majority, something obviously topical because the GOP then held 51 Senate seats.  The Republicans plotters first gave their scheme the code-name “The Hulk” but it was them majority leader Trent Lott (b 1941) who gave it the name which stuck: the “Nuclear Option”.  That had some resonance because the point about the use of nuclear weapons is that things can get out of hand and the ensuing conflict can be equally damaging to both sides, something which may explain the long historical reluctance by senators to tinker too much with the filibuster, both sides aware they may need it one day.  In one of those charming coincidences, Senator Lott was compelled to resign the majority leadership because he made a speech praising old Strom Thurmond’s (1902-2003; US senator (Republican- South Carolina) 1954-2003) segregationist policies when running as the Dixiecrat candidate in the 1948 presidential election.  It’s old Senator Thurmond who still holds the record for the Senate’s longest single-person filibuster, his mark of 24 hours: 18 minutes set in August 1957 in an attempt to prevent the passage of the Civil Rights Act (1957).  The act passed into law.  Trent Lott is a confessed Freemason.

Three wise men who, as senate majority leaders, would, from time-to-time, change their views on things: Harry Reid (left), Mitch McConnell (centre) and Trent Lott (right).

As things worked out, the Republicans increased their majority in 2004 and they were never compelled use the nuclear option but by 2013, with the Democrats now enjoying a majority, it was them being filibustered, frustrating their (many) attempts to fill judicial vacancies.  Accordingly, the Democratic majority leader, old Harry Reid (1939–2021; US senator (Democrat, Nevada) 1987-2017), pulled the trigger, changing the Senate’s rules to permit nominees for cabinet posts and federal judgeships to be with a bare majority of 51 votes, the Republican & Democratic positions on the issue now reversed from a decade earlier.  Then Republican minority leader, old Mitch McConnell (b 1942; US senator (Republican- Kentucky) since 1985) warned darkly: “You'll regret this, and you may regret this a lot sooner than you think.  It’s believed Harry Reid’s middle name (Mason) was a coincidence and it’s not believed he was ever a Freemason although he did as a young man convert to Mormonism.

Notably, Senator Reid must have understood Senator McConnell’s words because he didn’t aim the nuclear option at Supreme Court nominees, meaning it was still necessary to gather at least 60 votes to confirm an appointment.  However, control of the Senate shifted back to the Republicans in the 2014 mid-term elections and in one of his sneakier moves, Senator McConnell decided the house wouldn’t consider the matter of SCOTUS vacancies and delayed things in the hope it would be a Republican in the White House to make the nomination(s).  That attracted much criticism as both naked cynicism and an “unprecedented breach of political conventions” but Senator McConnell knew the rules and his faith was rewarded when Donald Trump (b 1946; US president 2017-2021) won.  Quickly, Senator McConnell pressed the nuclear button, saying that although he led the opposition to what Senator Reid had done in 2013, that had set a precedent and it was one the Republican majority was going to follow.  That was quite a stretch given the simple majority rule had never been applied to the SCOTUS but again, Senator McConnell knew the rules and he had Mr Trump's nominee confirmed in a 54-45 vote.

Sunday, September 8, 2024

Cartnaping

Cartnaping (pronounced kahrt-nap-ing)

(1) In retail industry slang, the act of customers taking a shopping cart (in some markets a “shopping trolley, buggy, trundler etc”) beyond the designated confines (usually a car-park).

(2) In slang, a customer (now presumed to be a “Karen”) who purloins another’s (empty) shopping cart for their own use, usually when no others conveniently are to hand.

1990s: First recorded in California on the model of “kidnapping”, the construct being cart + nap + -ing.  In most non-US use, the spelling would usually be “cartnapping”.  Historically, a cart was a small, open, wheeled vehicle, drawn or pushed by a person or animal and used usually for transporting goods (although many passenger transports (often towed) have been described thus.  Go-carts (also as go-kart), the small motor vehicles, powered by lawn-mower or motorcycle engines remain one of the most popular platforms in entry-level motorsports although the sport no prefers they be called “karts”.  Cart was from the Middle English cart & kart, from the Old Norse kartr (wagon; cart), akin to the Old English cræt (chariot; cart), from the Proto-Germanic krattaz, krattijô & kradō, from the primitive Indo-European gret- (tracery; wattle; cradle; cage; basket), from ger- (to turn, wind).  It was cognate with the West Frisian kret (wheelbarrow for hauling dung), the Dutch krat & kret (crate; wheelbarrow for hauling dung), the German Krätze (basket; pannier); the most obvious wider cognate was the Sanskrit ग्रन्थ (grantha) (a binding).

In English the familiar meaning of “nap” is “to sleep for a brief time, especially during the day”.  In that sense, nap was from the Middle English nappen, from the Old English hnappian (to doze, slumber, sleep), from the Proto-West Germanic hnappōn (to nap) and was cognate with the Old High German hnaffezan & hnaffezzan (from which Middle High German gained nafzen (to slumber), source of the German dialectal napfezen & nafzen (to nod, slumber, nap).  In this sense, “nap” is used figuratively, often in the phrase “caught napping” which suggests being “caught off guard (in military conflicts, sporting competitions etc.  However, one of the other meanings of “nap” was “to grad; to nab”) and while the use is long extinct as a stand-alone word, as an element it endures in “kidnap” (and the derived “cartnap”, “catnap” etc).  In that sense the source of “nap” is murky but it was probably of North Germanic origin, from the Old Swedish nappa (to pluck, pinch).  The suffix –ing was from the Middle English -ing, from the Old English –ing & -ung (in the sense of the modern -ing, as a suffix forming nouns from verbs), from the Proto-West Germanic –ingu & -ungu, from the Proto-Germanic –ingō & -ungō. It was cognate with the Saterland Frisian -enge, the West Frisian –ing, the Dutch –ing, The Low German –ing & -ink, the German –ung, the Swedish -ing and the Icelandic –ing; All the cognate forms were used for the same purpose as the English -ing).  Cartnaping & cartnap are nouns & verbs, cartnaper is a noun and cartnaped is a verb; the noun plural is cartnapings and although also rare, cartnapers is more widely used, usually on internet “shaming” sites which document the devices abandoned or dumped in streets, waterways, parks etc.

How it all began: US Patent 2,196,914.

Although it’s clear such things had been used in many cultures for millennia, as a mass-produced commodity, the modern shopping cart was “invented” by Sylvan Goldman (1898-1984) an Oklahoma-based supermarket mogul.  It was in 1936, during the Great Depression, that Mr Goldman built his first prototypes and the following year, he began a trial of the devices in his chain of Humpty Dumpty grocery stores.  Although the early take-up rate was “sluggish”, by 1938, when he filed a patent application for his original design (“a combination basket and carriage”) the things had becoming popular with customers and in April 1940 the US Patent and Trademark Office granted US Patent 2,196,914 (Folding Basket Carriage for Self-Service Stores).

The utility was so obvious that shopping carts rapidly became features of large shopping centres throughout the nation and he soon added features, most famously as “baby seat” although the implementation of that would probably shock & appal today’s H&S (health & safety) regulators.  In the post-war years the shopping carts multiplied by the million because of a then unique combination of circumstances in the US economy: (1) widespread prosperity, (2) a ship of population from town centres to (often newly developed) remote suburbs, (4) clusters of those suburbs being serviced by large shopping centres & supermarkets and (4) multi-vehicle households which meant women had begun to drive to shop.  What the shopping centres tended to do was provide a space in which all a week’s shopping could be done in one place, purchases collected by customers who parked their car in a vast car park and it was the shopping cart which made this structural model possible.

1964 GM Runabout show car with obligatory white, happily married, middle-class woman with one of her 2.8 children (who were always well-behaved).  Note the child's white gloves, a wise parental precaution (even pre-COVID-19) given the volume of pathogens found on the typical supermarket shopping cart.

One refinement to the concept was the GM Runabout, displayed at the General Motors Futurama Exhibit the 1964 New York World's Fair.  The three-wheeled car was able to seat two adults and three children (approximately the size projected for the “average” white, middle-class US family of the late 1960s) and was optimized for ease of handling, the single front wheel able (at low speeds) to turn through 180o.  The target market was made obvious by its most innovative feature: two fitted shopping carts which slotted into the rear bodywork, the wheels and lower assembly folding away when locked into position.  That might seem superfluous given supermarkets provided such things but the advantage was the carts could also be used at home, obviating the need to make several trips between car and kitchen.  The retail industry presumably would have liked to have seen the idea catch on because, having already off-loaded onto the customer the task of carrying the groceries to the car, it would have meant they could do away with most of their own stock of carts, needing only a few for those who needed to take their goods as far as a taxi.  The poor, able to afford neither cab nor car would just have to work it out.

Mitt Romney (b 1947; Republican nominee in the 2012 US presidential election, US senator (Republican-Utah) since 2019) (left), buying 12-packs of Caffeine Free Diet Coke and Wild Cherry Diet Pepsi, Hunter's Shop and Save, Wolfeboro, New Hampshire, August 2012.  Mormons are not allowed to do anything “evil” (though it's rumored some do) and the Doctrine and Covenants (the D&C (1835); referred to usually as the Word of Wisdom) is the scriptural canon of the Church of the Latter Day Saints (the Mormons), section 89 of which provides dietary guidelines which prohibit, inter-alia, the consumption of alcohol, tobacco, and hot drinks (ie tea & coffee).  This index of forbidden food accounts not only for why noted Mormon Mitt Romney usually looks so miserable but also why manufacturers of chocolate, candy & soda have long found Utah a receptive and lucrative market; other than joyful singing, the sugary treats are among their few orally enjoyed pleasures.  In buying caffeine-free soda, Mitt shows he still knows how to have a good time.  Lindsay Lohan, shopping in Beverley Hills in December 2007 (right), uses a shopping cart because a half-dozen 500 ml (16.9 fl oz) bottles of evian water are heavier than they look.  Neither have ever been accused of cartnapping.

Dumped in the wild: victims of cartnaping. 

But carts built into cars never reached the market so the shopping cart remained ubiquitous, thus the emergence of the crime of “cartnaping”, a poorer demographic (such as university students with carts loaded with beer & frozen pizzas) sneaking from the store, using their cart all the way home.  So the students got their beer and pizza but now had the problem of disposing of an unwanted cart and waiting for dark to fall before dumping the things in local parks, waterways or underpasses was a popular solution.  Because there were so many cartnaping students, it became a real problem (1) for the environment and (2) for the stores which paid several hundred dollars for each cart.  One early response was to pay third-party contractors a “fee per cart recovered” but more recently there have been measures to prevent cartnaping including electronic devices which make it difficult to push the things beyond a certain point and a deposit scheme in which a low-denomination coin is inserted to gain use; the money refunded when the cart is returned.  The latest approach is to require a swipe with a credit card or phone, not to extract a payment but to register the name of the user and local authorities have a variety of schemes t address the problem including a "report-a-cart hotline" and regimes under which stores are fined for each of their carts found "in the wild".

Saturday, September 7, 2024

Vermiculate

Vermiculate pronounced ver-mik-yuh-leyt (verb) & ver-mik-yuh-lit or ver-mik-yuh-leyt (adjective)

(1) To work or ornament with wavy lines or markings resembling the form or tracks of a worm.

(2) Worm-eaten, or appearing as if worm-eaten.

(3) Figuratively, of thoughts, insinuating; subtly tortuous.

1595–1605: From the French vermiculaire (plural vermiculaires), from the Latin vermiculātus (in the form of worms; inlaid in wavy lines), past participle of vermiculor (I am full of worms; wormy) & vermiculārī (to be worm-eaten), from vermiculus (little worm; grub; wormlet), from vermis (worm), from the primitive Indo-European root wer (to turn; to bend.  The noun vermiculite describes the micaceous, hydrated silicate mineral and was named in 1814, based on its fibrous nature and the reaction observed when heated, the tendency being to expand into worm-like shapes; vermiculite is used in insulation and as a medium for planting.  Vermiculate, vermiculate & vermiculated are verbs & adjectives, vermiculation & vermiculite is a noun, vermicular & vermiculous are adjectives and vermiculating is a verb; the noun plural is vermiculations.

The adjective vermiculative (tending towards being vermiculated) is non-standard; when vermiculate & vermicular are used to refer to thought processes, the suggestion is of something tortuous, intricate or convoluted.  Other terms often used in this context include circuitous, convoluted, indirect, labyrinthine, meandering, serpentine, twisting, winding, coiled, curly, curved, sinuous, anfractuous, bent, crooked, flexuous, involute, mazy, meandrous & roundabout, all based on the picture of the irregular tunnels worms burrow in soil, the idea being of paths which are far from the shortest distance between the beginning and end of travel.  This is a figurative application of zoological behavior and not a slight on worms which have their own agenda.  Because it's so often used as a slight, it should probably not be used to describe deep or complex thoughts, however vermiculous they might appear.

Vermiculated terracotta block, Standard Oil Company Building, Jackson, Mississippi.

Although most associated with the vermiculated work seen in decorative stone masonry, the irregular grooves intended to resemble worm tracks have interested others including mathematicians and chaos theorists.  Engineers have also explored the idea and during the 1970s, tyres were developed with grooves cut in a random pattern (not to be confused with the asymmetric tread pattern Michelin introduced in (1965) on their XAS) rather than the usual structured geometric layout.  The idea was to lower the harmonic resonances created by the tendency of sound waves to be intensified by the recurring patterns; it was about reducing the noise generated and the theory proved sound, the acoustic difference detectable with the sensitive equipment used in laboratories but in real-world use the difference proved imperceptible.  The tyres were briefly available but, offering no advantage, the concept wasn’t pursued.

York Water Gate, England.

In architectural detailing, vermiculation is a form of surface rustication, used usually to create a decorative contrast between the rusticated work, ordinarily confined to the street level of a building (ie within the usual human field of vision) and the less finely dressed work above.  The effect is created with irregular holes and tracts being carved onto a façade, the purpose inherently decorative although some architects do like the idea of representing worms eating their way through the stone, collapsing a building into rubble and ruin, an allusion to the impermanence of architecture, conveying the message that all that is built must eventually crumble and fall.

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

This notion of unavoidable impermanence has disturbed the minds of the more megalomaniacal in the profession, Albert Speer (1905–1981; Nazi court architect 1934-1942; later, as Nazi minister of armaments and war production 1942-1945 turning to war crimes & crimes against humanity) even presenting what he called Die Ruinenwerttheorie (a theory of ruin value) in which he argued it was important the monumental structures then being planned were designed in such as way that, thousands of years hence, as inevitability gradually they collapsed, what remained would be still aesthetically impressive and endure in this form even without maintenance.  Speer’s theory wasn’t new although the spin he felt compelled to attach was inventive.  What he stressed was that buildings designed in accordance with Ruinenwerttheorie were inherently finer works and more imposing during their period of use, an wise thing to emphasize because many less sophisticated types (and there were quite a few) the Führer’s entourage thought appalling the suggestion that anything in their “thousand year Reich” might one day crumble and fall.  Speer however was imagining his reputation surviving well beyond a single millennium and understood the mind of Hitler in such matters, appealing to his vision of what they were creating enduring as monuments to the greatness of the Third Reich, just as the ruins from Ancient Greek and Rome were symbolic of those civilizations.  Hitler concurred with Ruinenwerttheorie after Speer showed him a sketch of one of the gigantic works they planned as an ivy-covered ruin, the drawing very much in the vein of the pictures of Roman ruins well-known to the Führer.  What had scandalized his acolytes, pleased Hitler.

Red carpet vermiculation: Catherine O'Hara (b 1954), Venice International Film Festival, Venice, September 2024 (left) and Emmy Awards, Los Angeles, September 2024.  For red carpet (and related) purposes, the advantage of vermiculated fabric is it can be revealing or demure and, if need be, both within the same garment, the "look" defined merely by adjusting the channel widths. 

40 Bedford Square, London.

As a form of detailing, vermiculation became prevalent in the mid nineteenth century and in the technical language of architecture is often called vermicelli russification, the patterns typically deployed in stucco on cornerstones or keystones around a doorway, lending a bold textural interest to otherwise unrelentingly standardized surfaces, offering a juxtaposition with forms and lines derived from classical principles.  Although not popular as an embellishment until relatively recent times, the origin of the motif is ancient.  One of the first forms of formal architecture was the clay hut in which wormtracts were visible on the surface, made as the industrious little creatures weaved their way in and out of the earth that made up the structure.  Under the heat of the sun, the clay dried and the patterns set, creating what came to be thought an ornamental effect.  It’s from these modest structures that western architecture picked up the idea while constructing ever larger edifices, the vermiculation contrasting with the smooth, sanitized stone surfaces and becoming part of the grammar of classical buildings.

Irish Stock Exchange, Dublin.

Deconstructionists too have provided their own analysis of vermiculation beyond the relief provided from what can be an austere streetscape, claiming it “…represents a valuable counterpoint to symbolic representations of power and authority that pervade the architecture of many western cities”, one case-study focusing on the Irish Stock Exchange (1859) on Angelsea Street, Dublin which has strips of vermiculation on its granite façade.  That site was said to be a place “...where speculation of financial markets is the day’s work, the pattern might be cast as an unnoticed omen of the neoliberal collapse and loss of Irish economic sovereignty in late 2010”.  That’s probably about as abstract as anthropomorphism in stonework gets but there were in the early twentieth century those who devoted some effort to finding hidden meanings in the vermiculated patterns on the facades on Masonic lodges.  The findings were either never published or suppressed by the Freemasons.

Friday, September 6, 2024

Usufruct

Usufruct (pronounced yoo-zoo-fruhkt, yoo-soo-fruhkt, or yoos-soo-fruhkt)

In Roman and Civil Law (also used figuratively), a right to enjoy the advantages (use and derive profit) derivable from the use of property belonging to another, as far as is compatible with the substance of the thing not being destroyed, damaged or injured.

1620–1630: From the Late Latin ūsūfrūctus, the construct being ūsū (ablative of ūsus (use) + frūctus (enjoyment of (the fruits of something)) from the primitive Indo-European root bhrug- (to enjoy) (derivatives of which were used to refer to agricultural products).  It was cognate with the French usufruit, the Italian usufrutto & usofrutto, the Occitan usufrug, the Portuguese usufruto and the Spanish usufructo. The Latin form used in documents in legal proceedings was usus et fructus (use and enjoyment) and in English, use of usufruct was preceded by the now obsolete late fifteenth century delatinized form usufruit.  Usufryct is a noun & verb, usufruction is a noun, usufructing & usufructed are verbs and usufructuary is a noun & adjective; the noun plural is usufructs. 

In legal systems based on the Roman civil law codes, usufruct was the (inherently temporary) right to the use and enjoyment of the property of another, provided the character of the property remained unchanged (ie no destruction, damage or injury).  The legal doctrine interacted with other aspects of Roman law and usus et fructus applied not only to property as now conventional understood but was widely used also in administering the determination of property interests between a slave held under a usus fructus bond and a temporary master, the most obvious implication being any property acquired by a slave as a result of his labor was legally the property of the master.  Modern civil-law systems recognize two classes of usufructs.  A “perfect” usufruct includes only those things that a usufructuary (one who holds property under right of usufruct) can use without changing their substance (typically land, fixed, permanent structures) although the operation of natural forces (floods, earthquakes et all) may affect alterations.  A quasi- (ie “imperfect) usufruct includes property that intrinsically is consumable or expendable (money, perishable agricultural products et al) which would be of no advantage to the usufructuary if they could not be consumed, expend or in substance changed.

Under a usufruct agreement, the usufructuary (the one in whom the right is vested) is entitled to use the property and derive benefits from it (typically sub-leasing space or harvesting crops), but (1) gains no title to the property itself, (2) must to the extent reasonably possible preserve its substance and (3) eventually return it to the “naked owner” (the one possessing valid legal title) upon the expiry of the term of usufruct (which can be for a specific term or tied to the lifetime of the usufructuary.  In modern use, usufruct arrangements can apply not only to land & buildings but also to financial assets and instruments such as stocks, treasury paper (notes, bills & bonds) and cryptocurrency.  As populations age, lawyers expect an increasing number to be registered as contracts as a way of formalizing (ie bullet-proofing) clauses win wills which upon death, pass title in a property to a child, subject to the right of a surviving spouse to live in the property until their death, at which point the title becomes unencumbered and the child may deal with the property.

In 2012, Lindsay Lohan, travelling on the Pacific Coast Highway in Santa Monica, California, was involved in a crash between her (rented) Porsche 911 (997) Carrera S and an eighteen wheeler truck.  As one would suspect in such an unequal contest, the Porsche was badly damaged.

In some common law jurisdictions, usufruct has been codified and added to statutes but elements of the doctrine also appear in contract law.  In a car rental agreement for example the a usufructuary (the one hiring the car) is subject to (an almost) perfect usufruct in that the terms require the vehicle to be returned at the end of contracted period in substantially to same state as when it was delivered, subject only to accepted “wear & tear” which (in this context) would include wear on the tyres and the odd stone chip in the paint.  At no point does title to the vehicle pass to the usufructuary who is in mere legal & lawful possession while the contract is afoot.  Of course, if the vehicle is damaged beyond acceptable “wear & tear” the usufructuary may be held liable, thus the compulsory provision of insurance in such contracts.

The word also came to interest both the modern environmental movement and some activist constitutional lawyers in the US culture wars.  It was Thomas Jefferson (1743–1826; US president 1801-1809) who in 1789 wrote: “Earth belongs – in usufruct – to the living.” By which he meant humans have a right use the resources of the planet for profit and the pursuit of happiness but not in such a way that is so exploitive or destructive that the lives of generations to come will be harmed.  Such a sentiment could have come from Greta Thunberg (b 2003).  According to some legal theorists, his explicit mention of the “living” implied that responsibility for what is and what is to be rests with those now alive, not the dead, thus the argument when interpreting the constitution, the US Supreme Court should be read the document with the twenty-first century more in mind than the eighteenth or nineteenth.

Thursday, September 5, 2024

Philadelphus

Philadelphus (pronounced fil-ah-del-fiss)

(1) Any shrub of the temperate genus Philadelphus, cultivated for their strongly scented showy flowers (family Hydrangeaceae).

(2) As Philadelphus coronaries (mock orange), a deciduous, early summer-flowering shrub with arching branches that bear racemes of richly scented, cup-shaped, pure white flowers in profusion with finely toothed, bright green foliage.  The plant is grown for its ornamental value.

(3) A male given name with origins in the Ancient Greek.

1600s (in botanical use): From the Ancient Greek Φιλάδελφος (Philádelphos) (brotherly love) & philadelphon (loving one’s brother).  Philadelphus is a proper noun.

Philadelphus coronaries (mock orange) in flower.

The mock orange plant has long been valued for its decorative and functional properties.  Thomas Jefferson (1743–1826; US president 1801-1809) was a keen gardener and horticulturalist of some note and on 19 April 1807 noted in his “garden book”: “Planted 9 Philadelphus coronarium, Mock orange in the 4 circular beds of shrubs at the 4 corners of the house.”  Although the origin is uncertain, biologists suspect the strong growing, medium-sized shrub is native either to northern Italy, Austria & Central Romania or Central & North America and Asia; in Europe & North America it has been cultivated at least the sixteenth century.  Before modern standards of taxonomy were codified in the eighteenth century, the plant was classified under the genus Syringa (covering the species of flowering woody plants in the olive family or Oleaceae (commonly called lilacs) and a typically comprehensive description was recorded by Lady (Jean) Skipwith (circa 1748–1826), a Virginia plantation owner and manager still celebrated among botanists for her extensive garden, botanical manuscript notes, and library, the latter reputedly the largest at the time assembled by a woman.  Lady Skipwith called the plant a “Syringa or mock orange” while the US naturalist, explorer & explorer William Bartram (1739–1823) preferred the former, reflecting a scientist’s reverence for anything Greek or Latin.  Syringa was from the stem of the Latin syrinx, from the Ancient Greek σῦριγξ (sûrinx) (shepherd's pipe, quill), the name reflecting the use of the plant's hollow stem to make pipes, flutes & tube.  In modern use, “Mock Orange” tends to be preferred by most, the name derived from the fragrance of the flowers being so reminiscent of orange blossoms.  The origin of the scientific name “Philadelphus” (first applied in the early seventeenth century) is attributed usually to being a tribute to Ptolemy II Philadelphus (Ptolemaîos Philádelphos (Πτολεμαῖος Φιλάδελφος in the Ancient Greek) 309-246 BC, pharaoh (king) of Ptolemaic Egypt (284-246 BC), said to be a keen gardener (which can be translated as “he kept many slaves to tend his gardens”).

The literal translation of the Greek philadelphon was “loving one’s brother”, something used in the sense of “brotherhood of man” as well as when referring to family relationships.  For the pharaoh, the use was a little more nuanced because, after some earlier marital problems, he married his older sister Arsinoe II (316-circa 269 BC).  This appalled the Greeks who condemned the arrangement as incestuous and the couple thus picked up the appellation Philadelphoi (Φιλάδελφοι in the Koinē Greek (sibling-lovers)).  Historians however are inclined to be forgiving and suggest the union was purely for administrative convenience, Egyptian political & dynastic struggles as gut-wrenching as anywhere and there’s no evidence the marriage was ever consummated.  Just to make sure there was the appropriately regal gloss, the spin doctors of the royal court circulated documents citing earlier such marriages between the gods (such as Zeus & Hera).  It certainly set a precedent and the intra-family model was followed by a number of later Ptolemaic monarchs and the practice didn’t end.  The scandalous marriage of Heraclius (circa 575–641; Byzantine emperor 610-641) to his youthful niece Martina resulted in her becoming “the most hated woman in Constantinople” and it was a union certainly consummated for “of the nine children she bore her husband, only three were healthy, the rest either deformed or died in infancy.

The Philadelphi corridor

The Latin proper noun Philadelphi was the genitive/locative singular of Philadelphus.  In 2024 use spiked because the Israel Defense Forces (IDF) use “Philadelphi Corridor” as military code for the narrow (14 km (9 miles) long & 100 m (110 yards) wide) stretch of land used to separate the Gaza Strip from Egypt; it runs from the Mediterranean coast to the Kerem Shalom crossing with Israel and includes the Rafah crossing into Egypt.  The IDF created the corridor (from Gaza territory) as a “buffer zone” (or “cordon sanitaire”), ostensibly to prevent the Hamas, the PIJ (Palestine Islamic Jihad) and others smuggling weapons and other contraband into Gaza through a remarkable network of underground tunnels.  The corridor assumed great significance after Israel's withdrawal from the Sinai Peninsula in 1982 and later after its disengagement from Gaza in 2005; it has long been among the more contested spaces in the Middle East.  According to the IDF, the term “Philadelphi Corridor” was allocated during a routine military planning conference and the choice was wholly arbitrarily with no historical or geographical significance related to the region or any individual.

Just because a military say a code-name has no particular meaning doesn’t mean that’s true; the IDF is no different to any military.  The most obvious possible inspiration for the “Philadelphi corridor” was the Egyptian pharaoh Ptolemy II Philadelphus but one influence may have been cartographic, the geographic shapes of the Gaza Strip (left) and the US city of Philadelphia, Pennsylvania (right) quite similar and were the monstrosities Northwest, West & Southwest Philadelphia to be annexed by adjacent counties, the shapes of the two would be closer still.  

Lindsay Lohan in Philadelphia, 2012.

The Philadelphi corridor has assumed a new importance because Benjamin Netanyahu (b 1949; Israeli prime minister 1996-1999, 2009-2021 and since 2022) has added Israeli control of it to his list of pre-conditions for any ceasefire in negotiations between his government and the Hamas.  It was designated as a demilitarised border zone after the withdrawal of Israeli settlements and troops from Gaza in 2005, prior to which, under the terms of Israel’s Camp David peace treaty with Egypt (1979), the IDF had been allowed to maintain limited troop formations in corridor but without heavy weapons or heavy armour.  Old Ariel Sharon (1928–2014; prime minister of Israel 2001-2006) arranged the Israeli withdrawal from Gaza subsequently forming the Kadima (Forward) political party because he could persuade the Likud (The Consolidation) party to follow his vision.  Very much a personal vehicle for Mr Sharon, Kadima did not survive his incapacitation from a stroke while the Likud fell into the hands of Mr Netanyahu.  Following the Israeli withdrawal, responsibility for the corridor’s security fell to Egypt and the Palestinian Authority, this maintained until the Hamas took control of Gaza in 2007; it was seized by Israel in May 2024 as the IDF’s Gaza ground offensive extended into Rafah.

Over the years, the tunnel complex has proved a remarkably effective means by which to facilitate cross-border smuggling of weapons, other materiel, fuel and a variety of stuff including food, medicine and consumer goods, despite many attempts by the IDF and Egyptian authorities to end the traffic, the latter perhaps a little less fastidious in their endeavours.  The tunnels are impressive pieces of civil engineering, including electricity, ventilation systems, air-conditioning and communications facilities; some are sufficient large to allow heavy trucks to pass and there has long been speculation about the extent to which financial and logistical support for tunnel construction, maintenance & repair is channelled from the Gulf Arab states.  In Cairo, the government viewed the IDF’s seizure of the corridor with some alarm and remain a “status quo” power, insistent that an ongoing Israeli presence will “endanger” the Camp David peace treaty, no small matter because the “ripple effect” of the 1979 agreement had profound consequences in the region.

Pointing the way: Mr Netanyahu (left) explains the Philadelphi corridor (right).      

Still, Mr Netanyahu has made clear he intends to maintain a military presence in the corridor (including the Rafah crossing) and that remains an unnegotiable condition for a ceasefire with the Hamas; opposition to this stance has come from Cario, the Hamas and some of the third parties involved in the negotiation.  In Tel Aviv, that would not have been unexpected but there is now an increasingly persistent protest movement among Israeli citizens, the allegation being the prime-minister is cynically adding conditions he knows the Hamas will be compelled to reject because as long as the war continues, he can remain in office and avoid having to face the courts to answer some troubling accusations pre-dating the conflict.  Mr Netanyahu responded to this criticism by saying as long as the Hamas remained a threat (later refined to “as long as Hamas remained in control of Gaza”), the offensive needed to continue.  One of the great survivors of Middle East politics, Mr Netanyahu recently assured the more extreme of his coalition partners (described as “right-wing” which, historically, is misleading but descriptive in the internal logic of Israeli politics) by engineering a vote in cabinet binding Israel to retaining control of the corridor.  Despite this, opposition within the cabinet to the ongoing “moving of the goalposts” to prevent any possibility of a ceasefire is said to be growing.  The opposition accused the prime-minister of being more concerned with placating the extremists in his government than securing the release of the remaining hostages seized by the Hamas in the 7 October 2023 attack and left unstated but understood by implication was the message Mr Netanyahu regards them as the “collateral damage” in his manoeuvres to avoid the courts.

Wednesday, September 4, 2024

Zigzag

Zigzag (pronounced zig-zag)

(1) A line, course, or progression characterized by sharp turns first to one side and then to the other.

(2) One of a series of such turns, as in a line or path (typically in a repeating “Z-like” pattern.

(3) Proceeding or formed in a zigzag:

(4) In sewing, dressmaking etc, a pattern or stitches in this shape.

(5) In military use (land, sea & air), to move or manoeuvre in a zigzaging motion, usually as a form of evasion.

(6) In figurative use, something performed in a non-lineal way, characterized by frequent changes, often in response to external influences such as criticism.

(7) As “zigzag rule”, a rule composed of light strips of wood joined by rivets so as to be foldable, all the opening and closing parts being in parallel planes.

(8) In World War I (1914-1918) US military slang, a slang term for “someone drunk”.

1712: From the mid-seventeenth century French zigzag which replaced the earlier ziczac, from the German zickzack, from the Walloon ziczac, a gradational compound based on Zacke (tack) (familiar in English use as the “zigzagging technique” used in yachting).  It’s thought the coining of the original may have been influenced by the letter “Z” which appears twice, a “Z” able to be interpreted as a representation of a “zigzag movement”.  Less supported among etymologists is the alternative theory the German Zickzack was from Zacke (point; tooth; prong; jagged projection).  The earliest known use in German was to describe military siege approaches, a use adopted (by analogy) by early English landscape architects (then known as “gardeners”) to the layout of appropriately shaped paths in parks.  It was used as an adjective from the mid eighteenth century, the first appearing in 1774.  The brand of cigarette paper (a favorite of many stoners because the glue was said to make joints “easier to roll”) was first sold in 1909.  The adjectival use is common in fabric design and dressmaking, the zigzag pattern widely used.  In sewing, a zigzag stitch is one of the standard set in sewing machines, used usually to finish edges, the attachment to create such stitches known as a zigzagger.  The hyphenated spelling zig-zag is common.  Zigzag is a noun, verb adjective & adverb; zigzaggedness & zigzagger are nouns and zigzagged & zigzagging are verbs; the noun plural is zigzags.

ZIG is used as an acronym for a number of purposes including (1) zoster immune globulin (a globulin fraction of pooled plasma from patients who have recovered from herpes zoster and used prophylactically for immuno-suppressed children exposed to varicella and therapeutically to ameliorate varicella infection), (2) a general-purpose imperative, statically typed, compiled programming language intended as a modern successor to the C language and is (3) the abbreviation of Zimbabwe Gold, the official national currency of Zimbabwe since April 2024; it began in October 2023 as a gold-backed digital token in October 2023.  ZAG is the International Air Transport Association’s (IATA) code for Zagreb International Airport, Croatia and to describe Zymosan-Activated Granulocytes (a type of white blood cell (granulocytes) that have been stimulated by exposure to zymosan, a polysaccharide derived from the cell walls of yeast species like Saccharomyces cerevisiae).

Lindsay Lohan with Kim Kardashian (b 1980) with strategically placed “gash” in dress.

The feature may be described as either a “zig” or “zag” because the terms are interchangeable.  However, were there to be two connected gashes which assume opposite directions: that would be a “zigzag”.  While the nature of the formation of the words “zig” & “zag” is not unique, it is unusual in that, dating from the late eighteenth century, both were extractions: back-formation from “zigzag”.  A notable quirk of zig & zag is that interchangeably they can be used to mean the same thing yet when used in the same sentence, they mean “to move in opposite directions”.  In separate use, it thus matters not whether one says “she zigged around” or “she zagged around”; the meaning is the same.  Used together however, the rule is strict: she will always be described as “zigzagging” and never “zagzigging”.  Zigzag is often intended to be humorous and when applied to politicians it’s a way of saying they are “being evasive” or “flip-flopping”.

Lindsay Lohan wearing a Tolani zig zag scarf (given it was winter, the piece should probably be described as a “muffler”) in the style made famous by the Italian fashion house Missoni, New York, November 2007.

Founded in 1953 by Ottavio (1921-2013) and Rosita (b 1931) Missoni, the house became well-known during the 1960s for their vibrant and colorful knitwear, the signature motif of which was a distinctive zigzag pattern.  The technology which made the garments possible was not new, the Missoni’s “re-discovering” the long discarded “Rachel” machines traditionally used to create the shawls worn in the south of Italy, devices which permitted an almost infinite variation of lines and styles within a given design; such things were of course possible using other machinery but the versatile Rachels allowed changes to be integrated into the production line process, making possible economies of scale not available to other manufacturers; all that was required was a quick juggling of the assembly’s array of multi-colored points and what would emerge was fabric with horizontal and vertical lines in a rainbow of colors.  Ottavio Missoni did acknowledge the stylistic debt owed, once saying: “For a thousand years, the Incas have been copying my knit sweaters…

A swatch of Missoni's signature zigzag.

The event which made Missoni famous was at the time thought scandalous although, given what these days is worn on catwalks and red carpets, it seems quaint indeed.  After their first, well-received, catwalk show in 1966, Missoni was invited to the event held in Florence’s Pitti Palace in April 1967 and it was only during last-minute rehearsals Rosita Missoni became aware the shape and color of the models’ bras were clearly visible, distracting attention from the unique zigzagging patterns which were the brand’s signature.  With no time to arrange a fix like skin-toned bodysuits, her solution was for the models to remove their bras; that solved the problem but replaced one distraction with another, the assembled pack of photographers most impressed because, under venue’s unusually bright lights, the pieces became transparent.  Since dubbed “The Battle of the Bras”, at the time not all thought the look “appropriate” but it generated much publicity and was one of the reasons Milan would in the late 1960s emerge as one of the world’s fashion capitals, the photographers following the Missonis back to Milan.  The couple weren’t invited to the next year’s Pitti Palace show but Vogue, Marie Claire, Elle, and Harper's Bazaar all provided generous coverage and the Rubicon had been crossed, Yves Saint-Laurent (1936–2008) in 1968 displaying the “see-through” look.  Since then, it’s never gone away.

PLA Shenyang J-8II (left) and USN Lockheed EP-3E ARIES II (right)

The phrase “he zigged when he should have zagged” came into common use in the mid-twentieth century and is believed to have been popularized by radio sports commentators who needed something “graphical” to paint a “word picture” of why a football player had been tackled.  The origin is thought to be sardonic military humor and a euphemism for “he was killed while attempting an evasive maneuver”.  An example of “he zigged when he should have zagged” was the fate of the unfortunate Lieutenant Commander (shao xiao) Wang Wei (1969-2001) of the People's Liberation Army (PLA) Navy of the PRC (People’s Republic of China), killed when his Shenyang J-8II interceptor (a Chinese knock-off of the old Soviet-era MiG 21) collided with a US Navy Lockheed EP-3E ARIES II signals reconnaissance aircraft (a development of the old P-3 Orion).  The affair became known as the “Hainan Island Incident” because the damaged EP-3 was forced to land on the Chinese territory of Hainan Island, the ensuring diplomatic spat played out over the next ten days, resolved by the US ambassador to Beijing handing to the PRC’s foreign minister the “Letter of the two sorries”; US surveillance flights have continued and the PLA is now more cautious in its shadowing.  US pilots noted the dark linguistic coincidence of the name “Wang Wei” being pronounced “wong way”.

Jewish Museum Berlin (2001), overhead view (left), exterior (centre) and interior (right).

Designed by US architect Daniel Libeskind (b 1946) and opened in 2001, Berlin’s Jewish Museum is noted for the “zigzag” theme reflected in its floor plan, exterior surfaces and interior detailing.  The “gashes”, a recurring motif, are integral to the design and described as “voids”, deep, empty spaces which “cut their way” through the building, serving as symbols representing the absence, loss, and emptiness left by the Holocaust.  The architect’s idea was to evoke a sense of disorientation & fragmentation, recalling the often disrupted history of the Jewish people in Germany (the Holocaust only the most severe of the pogroms suffered).  According to the museum, the voids are intended to summon in visitors periods of reflection, silence, and remembrance; a recall of what irrevocably has been lost.  In terms of design & effect, one of the most celebrated voids is the "Memory Void" in which houses the installation Shalekhet (Fallen Leaves) by Israeli painter & sculptor Menashe Kadishman (1932–2015), constructed with thousands of metallic faces spread across the floor.  On these, visitors walk, producing a haunting sound many report as “intensifying the emotional experience”.  Voids are not unusual in museums, galleries and other exhibition spaces but unlike some, those in the Jewish Museum contain no exhibits, reminding visitor of the void in Jewish culture rent by the Holocaust.