Tuesday, February 25, 2020

Soda

Soda (pronounced soh-duh)

(1) In science and industry, a common verbal shorthand for various simple inorganic compounds of sodium (sodium carbonate (washing soda), sodium bicarbonate (baking soda), and sodium hydroxide (caustic soda) et al).

(2) A common clipping of soda water.

(3) A fizzy drink made with carbonated water (water impregnated with pressurized carbon dioxide, originally made with sodium bicarbonate), flavoring (such as fruit or other syrups) and often ice cream, milk etc (once exclusively North American use, now more common); a shortening of the original "soda-pop".

(4) In the game of faro, the top card in the pack, discarded at the start, the game played with 51 cards.

(5) In Australian slang, something easily done (obsolete).

1490s:  From the Italian sida (sodium carbonate; an alkaline substance extracted from certain ashes), from the Medieval Latin soda (a kind of saltwort (sodanum barilla; a plant burned to obtain a type of sodium carbonate)) of uncertain origin.  It was once thought to have been from the Arabic suwwādah (a similar type of plant) but this is now discounted by most but may be from the Catalan sosa, first noted in the late thirteenth century.  There is also the speculative suggestion there may be some connection with the Medieval Latin sodanum (a headache remedy), ultimately from the Arabic suda (splitting headache).

Soda is found naturally in alkaline lakes, in deposits where such lakes have dried, and from ash produced by burning various plants close to sources of salt-water.  It was one of the most traded commodities in the medieval Mediterranean and manufacture of it at industrial scale began in France in the late eighteenth century and the smaller operations gradually closed as transportation links improved.  .  The metallic alkaline element sodium was named in 1807 by English chemist Humphry Davy (1778-1829), so called because the element was isolated from caustic soda (sodium hydroxide); the chemical symbol Na is from natrium, the alternative name for the element proposed by Swedish chemist Jöns Jacob Berzelius (1779–1848) from natron (a naturally occurring mixture of sodium carbonate decahydrate (Na2CO3·10H2O).

A "soda spiral".

The soda-cracker, first sold in 1863, has baking soda as an ingredient.  Although modern, commercially bottled soda water now rarely contains soda (in any form), the name is a hangover from 1802 when “soda water” was first used to describe water into which carbonic acid had been forced under pressure, the meaning “"carbonated water" dating from 1834.  In the mid-nineteenth century, it became popular to flavor soda water with various sweetened concoctions (typically fruits rendered with sugar syrup) and after 1863 these were often called soda pop, the clipping “soda” (flavored, sweetened soda water) the most common use of the word in North America (it quickly supplanted “pop”, one of the occasions where a two-syllable slang was preferred over a shorter form).  The soda fountain dates from 1824 and originally described a counter in a shop at which sodas, ice-creams etc were prepared and served; later it was used of the self-serve machines which dispensed fizzy drinks at the push of a button.  Someone employed to run such a counter was described first (1883) as soda-jerker, the slang clipped to soda-jerk in 1915.  The colloquial pronunciation sody was noted in US Midwestern use at the turn of the twentieth century.  Synonyms for the drink includes: carbonated drink, fizzy drink, fizz (UK), (fizzy) pop (Northern US, Canada), soda pop (US), soft drink, lemonade and (the colloquial) thirst-buster.

The extraordinary range of derived terms (technical & commercial) includes: soda glass, Club Soda, cream soda, Creaming Soda, ice-cream soda, muriate of soda, nitrate of soda, soda-acid, soda ash, soda biscuit, soda cracker, soda bread, soda cellulose, soda counter, soda fountain, sodaic, soda jerk, soda jerker, soda lake, soda-lime glass, sodalite, soda lye, sodamide, soda niter, soda nitre, diet soda, soda paper, soda pop, lite soda, soda prairie, ginger soda, soda process, soda pulp, soda siphon, Soda Springs, soda waste, soda water, sodium, sulfate of soda, sulphate of soda, sulfite of soda, sulphite of soda, washing soda, baking soda & caustic soda.

The Soda Geyser Car.

For girls and boys who wish to explore the possibilities offered by the chemical reaction between soda and Mentos®, the Soda Geyser Car is available for US$22.95, offering both amusement and over a dozen experiments with which to demonstrate Newton's laws of motion.  In its default configuration it will travel over 200' (60 m) (the warning label cautioning it's not suitable for those aged under three and that it may upset pet cats etc) but for those who want more, it's possible to concoct more potent fuels, a recipe for the ominous sounding “Depth Charger” included.  Tinkerers can adapt this technology to experiment with their own rockets and the kit includes:

Mentos® Soda Car
Turbo Geyser Tube.
Roll of Mentos®
2 Liter Bottle.
Inflation Needle.
Nose Cone.
Geyser Rocker Car Frame.
Flagpole.
Decals.
Velcro Straps.
Experiment and activity guide.

Dirty Soda

The Doctrine and Covenants (the D&C (1835) and usually referred to 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.

It therefore surprised few that it was between two Utah-based operations that law suits were exchanged over which owned the right to sell “dirty sodas”.  Mormons aren’t allowed to do anything “dirty” (though it's rumored some do) so the stakes obviously were high, a dirty soda as close to sinfulness as a reading of the D&C will seem to permit.  A dirty soda is a soda flavored with “spikes” of cream, milk, fruit purees or syrups and is a kind of alcohol-free mocktail and the soda shops Sodalicious and Swig had both been active promoters of the sugary concept which has proven increasingly profitable.

Mitt Romney (b 1947; Republican nominee in the 2012 US presidential election, US senator (Republican-Utah) since 2019), buying 12-packs of Caffeine Free Diet Coke and Wild Cherry Diet Pepsi, Hunter's Shop and Save, Wolfeboro, New Hampshire, August 2012.  Mitt knows how to have a good time.

In documents filed in court in 2015, Swig had accused Sodalicious of copying their trademarked “dirty” idea, even replicating the frosted sugar cookies sold alongside the spiked drinks.  Both shops had become well-known for their soda mixology, Swig’s concoctions including the Tiny Turtle (Sprite spiked with green apple and banana flavors) and the company sought damages and a restraining order, preventing Sodalicious from using descriptions or signage with any similarity to Swig’s.  Sodalicious counter-sued, claiming “dirty” is a longtime moniker for martinis and other cocktails, noting the product differentiation in their names for dirty sodas such as “The Second Wife” (a daring allusion to the polygamous past of the Mormons) and the “The Rocky Mountain High”, made by adding cherry and coconut added to Coca-Cola.  The case concluded with an out-of-court settlement, neither side seeking costs and no details of the terms were revealed.

Long time Pepsi consumer, Lindsay Lohan.

In December 2022, as a holiday season promotion, the Pepsi Corporation teamed with Lindsay Lohan to promote Pilk.  A Pilk is a mix of Pepsi Cola and milk, one of a class of dirty sodas created by PepsiCo which includes the Naughty & Ice, the Chocolate Extreme, the Cherry on Top, the Snow Float and the Nutty Cracker.  All are intended to be served with cookies (biscuits) and although Ms Lohan confessed to being “…a bit skeptical when I first heard of this pairing”, she was quickly converted, noting that “…after my first sip I was amazed at how delicious it was, so I’m very excited for the rest of the world to try it.”  Tied in nicely with her current Netflix movie “Falling for Christmas”, the promotional clip explores the pilk as a modern take on the traditional milk & cookies left in thanks for Santa Claus and the opportunity to don the Santa outfit from Mean Girls (2004) wasn’t missed, the piece concluding with the line : “This is one dirty soda Santa”.

Santa Redux: A Mean Girls moment celebrated with a pilk, PepsiCo dirty soda promotion, 2022.   

PepsiCo provided other dirty soda recipes:

(1) The Naughty & Ice: For a pure milk taste that's infused with notes of vanilla, measure and combine 1 cup of whole milk, 1 tbsp of heavy cream and 1 tbsp of vanilla creamer.  From there, pour the mixture slowly into 1 cup of Pepsi – the brand's hero product – and consume it alongside a chocolate chip cookie.

(2) The Chocolate Extreme: Blend 1/3 cup of chocolate milk and 2 tbsp of chocolate creamer together, transfer the mixture to 1 cup of smooth & creamy Pepsi Nitro to enjoy the richness of the flavor atop of a frothy foam head.  This "Pilk" will satisfy the chocoholic in you, especially by pairing it with a double chocolate cookie.

(3) The Cherry on Top: A hint of cherry always sweetens the deal.  Combine ½ cup of 2% milk, 2 tbsp of heavy cream and 2 tbsp of caramel creamer.  To bring the complex flavors to life, place the mixture into 1 cup of Pepsi Wild Cherry while pairing the drink with a gingerbread cookie.

(4) The Snow Fl(oat): An oatmeal-based cookie loaded with raisins is sure to complement an oat milk "Pilk".  Start by taking ½ cup of oat milk and adding 4 tbsp of caramel creamer.  Then, slowly pour the sweet mixture into a glass filled with 1 cup of Pepsi Zero Sugar.

(5) The Nutty Cracker: Combine ½ cup of almond milk and 4 tbsp of coconut creamer and place the mixture atop a pool of smooth & creamy Nitro Pepsi Vanilla.  For true richness, pair with a coated peanut butter cookie.

Historically, PepsiCo’s advertising always embraced DEI (diversity, equity and inclusion), depicting blondes, brunettes and redheads.  They needed just to be white, slender and attractive.

PepsiCo dirty soda promotion, 2022.

7up advertising from the 1950s.

The idea of combining milk and soft-drinks has a history in the US and it may have been a cultural practice although given there seems nothing to suggest it ever appeared in depictions of popular culture, it may have been something regional or occasionally faddish.  The 7up corporation in the 1950s used advertising which recommended adding the non-carbonated drink to milk as a way of inducing children who "won't drink milk" to up their dairy intake.  The reference in the copy to "mothers know" does suggest the idea may have been picked up from actual practice and although today nutritionists and dentists might not endorse the approach, there are doubtless other adulterations of milk which are worse still for children to take.

Monday, February 24, 2020

Assart

Assart (pronounced ess-sart)

(1) In English law, as an intransitive verb, the act of grubbing up trees or bushes to convert forest into arable land; a variant was the less common essart, directly from the Old French).

(2) In English law, as a noun, a piece of once forested land cleared for use in agriculture (obsolete).

Pre 1000: From the Middle French essarter, from the Old French essart, from essarter (to “grub up” or clear land), from the Late Latin exartum, probably from the Vulgar Latin exsartum, neuter of exsartus, past participle of exsarire (to weed out), the construct being ex- (out) + sarire (to hoe, weed).  It was akin to the Old High German sarf (sharp), the Latin sarpere (to prune), the Ancient Greek harpagē (hook, rake) and the Sanskrit sṛṇī (sickle).  Assart is a noun & verb and assarted & assarting are verbs; the noun plural is assarts.

The companion noun was the now archaic thwaite, from the Middle English thwait, from the Old Norse þveit (paddock).  Related forms included the Old Norse þveita (to hurl (and linked to the later English “whittle”)), the Danish døjt (1⁄160 of the gulden (and in dialectal use: “a small coin”)), the German Deut and the Dutch duit.  It was cognate with the Old English þwītan (to thwite; cut; cut off) and was a doublet of doit (the small Dutch coin) and possibly of twat (slang for both “a stupid person” and “the vulva or vagina”).  A thwaite was also a piece of assarted forest land, the only difference being it could be used for purpose of habitation as well as agriculture or habitation but the distinction was never enforced in law and the two words co-existed, apparently without ill-effect.

Land clearance

Assart: Lindsay Lohan in Prussian blue bikini, Florianópolis, Brazil, April 2013.

Although an ancient practice, the legal mechanism of the assart was a creation of feudal law and referred to to the act of clearing forested land for the purpose of converting it into arable land or pasture, something of some significance in medieval England.  Assarting was often regulated by feudal law because forested land was valuable (both the land value and resources such as water, timber and wild game) and typically the property of the crown or a lord and the unauthorized clearing (assarting) of forest land was prohibited, offenders subject to legal sanction.  Once approval was granted, the parcel of land assarted was described as “an assart” (except in northern England where the common law term was “a riding”) and in some instances, those granted permission to assart might be required to pay an "assart rent" as a form of tax or fee for the use of the newly cleared land, a legal concept not dissimilar to the modern RRT (resource rental tax) system used in some jurisdictions to generate revenue from those exploiting an area of land or sea for purposes of resource extraction.  In medieval England, clearances happened usually on common land which was then put to private use, the “assart rents” paid to the Crown for the land assarted.  Assarting (though usually without the elaborate legal structures) has been practiced since the last days of the hunter-gatherer societies towards the end of the pre-historic era and was a significant practice during the Middle Ages as it played a role in agricultural expansion and the transformation of the landscape from wild forest to cultivated land, something which enabled an increase in the production of food which in turn made sustainable larger populations, something which of course led to the need further to assart.

Like any form of government action in which a government transfers a right in land held in common (although the term “common land” is a little misleading) by way of a leasehold or freehold title, there were often “special deals” and the better connected one was, the more special (in terms of area, frequency of grant, exchange of consideration etc) they were likely to be, local Lords and churches especially favoured.  The land cleared was usually common land but after assarting, the space became privately used, either by the individual family who would remove the wooded coverage except to the extent hedges were retained to create individual paddocks or by cooperatives (groups of geographically close families or even whole villages) which would divide the space on some agreed basis.  The monasteries (which once littered the country) were also players, needing agricultural activities both to secure the necessary food supplies and to provide surpluses which could be cash crops or used in the then prevalent barter economy.  The thousand-year trend, in most parts of the world settled or colonised by Europeans, has been that assartment has tended to increase the acreage of cleared land suitable for agriculture and reduce the size of forests.  However, one aberration happened during the fourteenth century when the Black Death pandemic radically depopulated the countryside and many assarted areas reverted to woodland. 

Sunday, February 23, 2020

Auburn

Auburn (pronounced aw-bern)

(1) A reddish-brown or golden-brown color.

(2) Of something colored auburn (most often used to describe hair).

(3) A widely used locality name.

(4) As the Auburn system (also known as the New York system and Congregate system), a notably severe penal method created in the early nineteenth century and implemented in Auburn Prison, Auburn, New York.

1400–1450: From the late Middle English abron, abrune aborne & abourne (light brown, yellowish brown), a sixteenth century alteration (because of a conflation with the later spelling auburne with the Middle English broune & brun (brown) which also changed the spelling) of the earlier auborne (yellowish-white, flaxen) from the Middle French & Old French auborne & alborne (blond, flaxen, off-white) from the Medieval alburnus (fair-haired, literally “like white or whitish”) and related to alburnum (the soft, newer wood in the trunk of a tree found between the bark and the hardened heartwood, often paler in color than the heartwood) from alba & albus (white).  Since the meaning shifted from blonde to hues of red, auburn has tended to be used exclusively of women’s hair.  The noun use dates from 1852.  Auburn is often associated with the Venetian painter Tiziano Vecellio (circa 1490-1576; known usually in English as Titian), especially the works of his early career when the colors tended to be more vivid but the modern practice is to apply auburn to darker shades although there’s much imprecision in commercial applications such as hair dyes and what some call some sort of auburn, others might list as some variation of burgundy, brown, chestnut, copper, hazel, henna, russet, rust or titian.

The term “medieval scholar” is not of course oxymoronic though the language is replete with errors of translation and misunderstandings replicated and re-enforced over a thousand-odd years.  However, as English began to assume its recognizably modern form, nor were errors unknown and it does seem strange such a well-documented Latin word as alburnus (fair-haired, literally “like white or whitish”) which had evolved in Middle English as auburne could be conflated with the Middle English broune & brun (brown), leading eventually to the modern auburn having morphed from blonde to a range of reddish browns.  Some etymologists however suggests it was deliberate, the late fifteenth century blond being preferred while auburne was re-purposed to where it could be more useful in the color-chart.  The modern blond & blonde were from the Old French & Middle French blund & blont (blond, light brown, feminine of blond) thought most likely of Germanic origin and related to the Late Latin blundus (yellow) from which Italian picked up biondo and Spanish gained blondo.  It was akin to the Old English blondenfeax (gray-haired), derived from the Classical Latin flāvus (yellow) and in Old English, there was also blandan (to mix).  There exists an alternative etymology which connects the Frankish blund (a mixed color between golden and light-brown) to the Proto-Germanic blundaz (blond), the Germanic forms derived from the primitive Indo-European bhlnd (to become turbid, see badly, go blind) & blend (blond, red-haired)).  If so, it would be cognate with the Sanskrit bradhná (ruddy, pale red, yellowish).  In his dictionary (1863-1873), Émile Littré (1801–1881) noted the original sense of the French word was "a color midway between golden and light chestnut" which might account for the notion of "mixed."  In the Old English beblonden meant "dyed," so it is a possible root of blonde and the documentary record does confirm ancient Teutonic warriors were noted for dying their hair.

However the work of the earlier French lexicographer, Charles du Fresne (1610-1688), claimed that blundus was a vulgar pronunciation of Latin flāvus (yellow) but cited no sources.  Another guess, and one discounted universally by German etymologists, is that it represents a Vulgar Latin albundus from the Classical Latin alba & albus (white).  The word came into English from Old French where it had masculine and feminine forms and the English noun imported both, thus a blond is a fair-haired male, a blonde a fair-haired female and even if no longer a formal rule in English, it’s an observed convention.  As an adjective, blonde is now the more common spelling and can be applied to both sexes, a use once prevalent in the US although most sources note the modern practice is to refer to women as blonde and men as fair.  Even decades ago, style guides on both sides of the Atlantic maintained, to avoid offence, it was better to avoid using blond(e) as a stand-alone noun-descriptor of women.

Paintings by Titian (left to right), Portrait of a Lady (circa 1511), National Gallery, London, Flora (1515), Uffizi Gallery, Florence, St Margaret and the Dragon (circa 1559) Museo del Prado, Madrid & Portrait of a Lady in White (circa 1561), Gemäldegalerie Alte Meister, Dresden.

Even the understanding of auburn as “reddish brown” or “golden brown” has changed over the years.  The Venetian painter Tiziano Vecellio (circa 1490-1576 and known in English usually as Titian) lent the name “titian auburn” to the tint of reddish-brown hair which appeared so often in his work.  As so often happens in art, his output darkened as he aged so the term “titian auburn” as a literal descriptor of a particular tincture needs to be understood as a spectrum.  While his fondness for redheads seems not to have diminished with age, the vivid hues which characterized the flowing locks he favored in his youth were later sometimes rendered in more subdued tones.

Lindsay Lohan illustrates the shift from the Latin alburnus to the modern English Auburn.

(1) Alburnus as a Roman would have understood the description; now called blond or blonde depending on context.

(2) The classical understanding of “titian auburn”, a light and vivid shade reddish-brown.

(3) A more cooper-tinged hue, representative of what the hair-dye industry would call something like “light auburn”.

(4) This is a dark alburn; any darker and depending on the tint, it would be described either as burgundy or chestnut.

The Auburn Speedster

1935 Auburn 851 SC Speedster.

Under a variety of corporate structures, the Auburn company produced cars in the US between 1900-1937 and is remembered now for the Speedster 851 & 852, one of the most romantic designs of the mid-1930s.  Although Auburn, along with its corporate stablemates Cord and Duesenberg, succumbed to the affects of the Great Depression, the company’s financial problems long-predated the 1929 Wall Street crash, the conglomerate of the three manufacturers assembled in 1925 as a restructuring.  After this, in the growing economy of the 1920s Auburn began again to prosper and it was in 1925 the company introduced the model which would be the basis of the later 851 & 852.  Auburn-Cord-Duesenberg (A-C-D) actually enjoyed a logical structure in that the brand-names existed at different price points but it lacked any presence in the low-cost mass-market, relying instead on lower volume vehicles which relied on their style, engineering and value for money for their appeal.  Had the depression not happened, the strategy might have worked but, given the austerity of the 1930s, what’s remarkable is that A-C-D endured until 1937.             

1932 Auburn 12-160.  The color is said to be a 1932 factory option and is similar to the apple green with which Duesenberg painted their 6.9 litre (420 cubic inch) straight-eights.

Although now celebrated for their stylish lines, A-C-D’s cars were at the time also noted for innovation and the quality of their engineering.  Cord’s front-wheel-drive proved a cul-de-sac to which US manufacturers wouldn’t for decades return but other aspects of their designs were influential although A-C-D’s trademark quixotic offerings sometimes suggested a sense of disconnection from economic reality; in 1932, in the depth of the depression, Auburn announced a model powered by a 391 cubic inch (6.5 litre) V12, a perhaps questionable approach in an environment which had seen demand collapse for the twelve and sixteen cylinder Lincolns, Packard and Cadillacs.  Elegant and powerful, in less troubled times it would likely have succeeded but was wholly unsuited to the world into which it was released despite being priced from an extraordinary US$1,105; while that was 40% more than even the most expensive Ford V8, it was a fraction the cost of the more comparable Packard or Lincoln V12.

1936 Auburn 852 SC Speedster.

The Boattail Speedster was less ambitious but had already carved its niche.  It was designed in 1928 to create the signature product that encapsulated what A-C-D wished the Auburn marque to represent: fast, sleek, stylish and a value for money no other could match; had the company anticipated the slogan “grace, space & pace” it would have been well understood for what is now called a mission statement was exactly what made Jaguar such a success in the post-war years.  Using Lycoming's smooth, powerful and reliable straight-eight cylinder engine, sleek Speedster delivered the performance the lines promised, a genuine 100 mph (160 km/h) roadster which set speed records when taken to Daytona Beach.  The Speedster’s classic iteration was the 851 (the subsequent 852 all but identical), introduced in 1934, the design clearly a homage to the much-admired (if infrequently purchased) Duesenberg Weymann Speedster though where the Duesenberg was long and elegant, the Auburn was squat and sporty and for those who wanted something more charismatic still, the 280 cubic inch (4.6 litre) straight-eight could be ordered with a Schwitzer-Cummins centrifugal supercharger.  The market responded to the speed and the art deco style but the investment had been considerable, something the under-capitalized A-C-D undertook only because the improving economy provided some confidence sales would be sufficient to ensure profitability.  Had the recovery been sustained, A-C-D may have survived, unemployment in 1937 still high but significantly lower in the demographic which was their target market.  As in was, in mid-1937, the US economy suffered a sudden, sharp, recession which would last over a year, the effects lingering until late 1940 when the combined effected of increased armaments production and a presidential election had a simulative effect.  A-C-D, its finances in a perilous state since the Wall Street Crash, couldn’t survive and the companies all entered bankruptcy, Auburn succumbing in 1937.

A-C-D’s fate provides a cautionary tale which for decades was often ignored by those unable to resist the siren call to make beautiful, fast cars bearing their name.  Unless volumes were sufficient (thereby diluting the lure of exclusivity which tended to be much of the attraction) or else subsidized by the profits of some mass-market offering, enduring success was rare and few of those which did initially flourish were capitalized to the extent necessary to survive the inevitable downturns which disproportionally affects those depending on the more self-indulgent sectors sustained by discretionary expenditure.

Saturday, February 22, 2020

Hansard

Hansard (pronounced han-sard)

(1) The official verbatim published reports of the debates and proceedings in the British Parliament.  Separate editions are published for both the House of Commons and House of Lords.

(2) A similar report kept by other legislative bodies in other countries, most of which trace their political systems back to colonial origins in the British Empire.

1812: Named after Thomas Curson Hansard, a London printer and publisher, who became the first official printer to the parliament at Westminster.

Prior to 1771, the British parliament was a secretive body, there existed a published official record of action but no record of debate, the publication of anything said on the floor of either house actually a breach of Parliamentary privilege and punishable by a court.  However, as independent newspapers became more numerous, many began publishing unofficial accounts.  Parliament responded with fines, dismissal and imprisonment.  Some editors used the device of styling their reports of debates as those of fictitious societies but parliament continued to resist until 1771 when several judges declined to hear the cases and a number of more far-sighted politicians began to understand how this free publicity could be turned to advantage.  By then, it was not uncommon for speeches to be crafted for the effect they would have when printed, rather than a pieces of oratory intended to impress the house.  The early newspapers, the editors of some which encouraged (and sometimes printed, even if edited) “letter to the editor”, were the slow-motion social medial of the age.

The green and red covers used by the UK Hansards reflect the shades of the leather upholstery in each house.

Eventually, editions of the parliamentary debates were produced by printer Thomas Curson Hansard (1776-1833), issued under his name from 1812.  These were periodicals which circulated by subscription and, in another modern touch, Hansard didn’t employ stenographers to take down notes, instead using a multiplicity of sources most of which were the morning newspapers.  Hansard was thus the Google news feed of the day, an aggregator with the revenue model of on-selling the work of others with no payment to the source.  Google has of late been compelled to offer its sources a few crumbs; Hansard never did.  The early editions of Hansard cannot absolutely be relied upon as a verbatim record of what was said.

In 1909, the parliament established its own staff of official Hansard reporters, a separate office under the auspices of the speaker (Commons) and Lord Chancellor (Lords).  Hansards of today can be thought a comprehensive account of every speech (although one wonders about those of some legislatures with no great tradition of transparency) but the reports are not strictly verbatim but substantially so with repetitions, redundancies (and the odd vulgarity) omitted.  Obvious mistakes (including grammatical errors) are corrected, but nothing can be added or omitted which adds to or detracts from the meaning.  There is some latitude in this: A former Australian prime-minister, the Country Party’s Sir Earle Page (1880-1961; prime minister of Australia 1939) was notorious for quoting whatever figures came into his head, then later providing the correct numbers for inclusion in the official Hansard.

Not all interjections make it into Hansard but the unrecorded homophonous gem of an exchange in the Australian parliament between Sir Winton Turnbull (1899-1980) and Gough Whitlam (1916–2014; prime minister 1972-1975) deserved to:

Sir Winton Turnbull (Country Party, Mallee): "I’m a country member and…"

Mr Gough Whitlam (ALP, Werriwa): "I remember."

List of assemblies which publish Hansards.

Parliament of the United Kingdom and the UK's devolved institutions, Parliament of Canada and the Canadian provincial and territorial legislatures, Parliament of Australia and the Australian state and territory parliaments, Parliament of South Africa and South Africa's provincial legislatures, Parliament of Barbados, East African Legislative Assembly, Parliament of New Zealand, Legislative Council of Hong Kong, Parliament of Malaysia, National Parliament of Papua New Guinea, Parliament of Singapore, Legislative Council of Brunei, Parliament of Sri Lanka, Parliament of Trinidad and Tobago, National Assembly of Kenya, National Assembly of Tanzania, Parliament of Ghana, Parliament of Uganda, Parliament of Mauritius, Parliament of Jamaica, States of Jersey, States of Guernsey, Tynwald, the Parliament of the Isle of Man, National Assembly of Nigeria, National Assembly of Namibia, Parliament of Botswana, Parliament of Zimbabwe.

Lindsay Lohan and Harsard

Lindsay Lohan and the great "slagging off Kettering scandal".

Because her "lifestyle choices" in the early twenty-first century made her name a synecdoche for this and that, Lindsay Lohan has been mentioned in parliamentary proceedings in a number of jurisdictions.  The best known came as one of the few amusing footnotes to the depressing business which was the Brexit referendum, the mechanism through which the UK withdrew from its membership of the European Union (EU), Ms Lohan helpfully keeping the world informed of the vote's progress via tweets on X (the known as Twitter).  One tweet mentioned Kettering and the previously obscure Philip Hollobone (b 1964; Tory MP for Kettering since 2005), knew honor demanded he respond to the actor “slagging off” his constituency.  The offending tweet caught the eye of the outraged MP on that evening in in 2016, after it was announced Kettering (in the Midlands county of Northamptonshire) had voted 61-39% to leave the EU; it read: “Sorry, but Kettering where are you?

Philip Hollobone MP, official portrait (2020).

Mr Hollobone, a long-time "leaver" (a supporter of Brexit), wasn’t about to let a mean girl "remainer's" (one who opposed Brexit) slag of Kettering escape consequences and he took his opportunity in the House of Commons, saying: “On referendum night a week ago, the pro-Remain American actress, Lindsay Lohan, in a series of bizarre tweets, slagged off areas of this country that voted to leave the European Union.  At one point she directed a fierce and offensive tweet at Kettering, claiming that she had never heard of it and implying that no one knew where it was.  Apart from the fact that it might be the most average town in the country, everyone knows where Kettering is.”  Whether a phrase like “London, Paris, New York, Kettering” was at the time quite as familiar to most as it must have been to Mr Hollobone isn’t clear but he did try to help by offering advice, inviting Miss Lohan to switch on Kettering's Christmas lights that year, saying it would “redeem her political reputation”.  Unfortunately, that proved not possible because of a clash of appointments but thanks to the Tory Party, at least all know the bar has been lowered: Asking where a town sits on the map is now “slagging it off”.  Learning that is an example of why we should all "read our daily Hansards", an observation Mr Whitlam apparently once made, suggesting his estimation of the reading habits of the general population might have differed from reality.

Screen grab from the "apology video" Lindsay Lohan sent the residents of Kettering advising she'd not be able to switch on their Christmas lights because of her "busy schedule".

Friday, February 21, 2020

Deuterogamy & Putative

Deuterogamy (pronounced doo-tuh-rog-uh-mee or dyoo- tuh-rog-uh-mee)

A second marriage, (as distinct from bigamy, as defined in law and canon law), historically after the death of the first husband or wife but now applied also in other circumstances.

1650–1660: From the Ancient Greek deuterogamía (a second marriage), the construct being deuteron, from the Ancient Greek δεύτερος (deúteros) (second (of two)) + -gamy (the suffix from the Ancient Greek γάμος (gámos) used to form nouns describing forms of marriage (and in biology to form nouns describing forms of fertilization).  The related forms are deuterocanonical, deuteromycete, deuteromycetes, deuteron, deuterogamist, deuteronomic and deuteronomis.

The permitted second marriage

Deuterogamy is a lesser-known companion word of bigamy and polygamy.  Bigamy is the act of marrying one person while in a stare of marriage with another; it can be committed unknowingly (in rare cases even by both parties) but it committed knowingly is a criminal offence in most jurisdictions.  Polygamy is the generic term for multiple marriages and encompasses bigamy, the word used mostly by anthropologists to describe both polygyny (having several wives) and polyandry (the predictably less common practice of enjoying several husbands).  There’s also the synonym digamy but it’s so easily confused with the almost homophonic bigamy it should be avoided and rendered obsolete (which it may already be).

Etymologically, deuterogamy describes merely the act of a second marriage but in canon law it was the definitional term for a permissible second marriage, one celebrated after the death of a first wife or husband.  Under canon law, marrying another when one’s original partner remained alive, even if a divorce had been granted by a civil court, was bigamy.  The only circumstances in which the church would countenance a deuteronomis marriage when the previous partner remained alive was if a bishop was prepared to issue a certificate of annulment which created not the legal fiction that the marriage never existed but that it was ab initio (void at its inception) because the essential sacramental component was always missing

As an example, noted Roman Catholic, father of six and amateur moral theologian Barnaby Joyce (b 1967; deputy prime-minister of Australia thrice variously since 2016):

(1) Is an adulterer because he enjoyed intimacy with a woman while married to another.  He’s guilty merely of single-adultery because the other woman with whom he cavorted was unmarried; had his mistress been married, double adultery would have been the offence.  Surely worse.

(2) Cannot, under canon law, undertake a deuteronomis marriage unless he can find grounds on which a bishop might be persuaded to annul his first marriage. 

All things considered, one might have thought this difficult but in 2015, Pope Francis (b 1936; pope since 2013) issued two possibly revolutionary motu proprio (literally “on his own impulse”; essentially the law-making mechanism available to absolute monarchs as the royal decree): Mitis iudex dominus Iesus (Reform to the Canons of the Code of Canon that pertain to the marriage nullity cases) and Mitis et misericors Iesus (Reform of the canons of the Code of Canons of Eastern Churches pertaining to cases regarding the nullity of marriage) which changed canon law, simplifying the annulment process.  It was a demonstration of what’s possible in an absolute theocracy and must have induced a little envy in people like prime-ministers dealing with bolshie cross-benchers or recalcitrant senators.

Better to help sinners consider their position, Cardinal Francesco Coccopalmerio (b 1938; then president of the Pontifical Council for Legislative Texts), issued a clarification, noting the Church “…does not decree the annulment of a legally valid marriage, but rather declares the nullity of a legally invalid marriage”.  While a piece of sophistry a bit different from what usually crosses the National Party mind and not obviously a great deal of help, it might have been enough to give Mr Joyce hope.

"A second marriage is a triumph of hope over experience."  Samuel Johnson (1709–1784).

On Monday 17 January, it was announced Mr Joyce had proposed to his new partner and that she'd accepted.  In a nice touch, he presented his fiancée a parti sapphire engagement ring.  Parti sapphires are unique in the extraordinary way their several distinct colors simultaneously display in any light, unlike other polychromic stones which need light to fall in different ways for the range to show.  The other distinction of the parti is that their value lies not in perfection but in their flaws; it's the inclusions in the parti which create the dazzling iridescence.  Like Mr Joyce, the parti sapphire is loved and venerated for its flaws.

Redemption does seem much on Mr Joyce's mind.  After the National Party caucus, having decided to allow hope to triumph over experience and (for the third time) elect him leader (and thus deputy prime-minister), he was gracious in victory, saying  “I acknowledge my faults and I resigned as I should have and I did. I’ve spent three years on the backbench and, you know, I hope I come back a better person.”  The self-identification as the prodigal son seems to draw a long theological bow and is anyway not relevant to the matters a bishop is compelled to consider when reviewing an application to annul a marriage.  The reforms imposed by Francis are really about time and money, reducing how long it takes and how much it costs to secure an annulment; the legal basis on which one may be granted remains unchanged, Church teaching being not that the marriage in question failed, but that the sacramental component was always missing.  Still, a wind of change is blowing through the Vatican and Mitis iudex dominus Iesus, like other recent reforms, did make clear these were matters for the local bishop, the man closest to his flock.

Putative (pronounced pyoo-tuh-tiv)

Commonly believed or deemed to be the case; reputed; accepted by supposition rather than as a result of proof.

1432: From the late Middle English, from the Middle French putatif, from the Late Latin putātīvus (reputed) the construct being putāt(us), past participle of putāre (to think, consider, reckon (originally “to clean, prune”)) + -īvus (-ive).  The ultimate root was the primitive Indo-European pau- (to cut, strike, stamp), the most familiar Latin variants being putātus (thought) and putō (I think, I consider, I reckon).  The -īvus  suffix was from the primitive Indo-European -ihwós, an extended form of –wós; it was cognate with the Ancient Greek -εος (-eîos) (from which Latin picked up also -ēus) and was added to the perfect passive participial stem of verbs, forming a deverbal adjective meaning “doing” or “related to doing”.  Putative is an adjective, putatively an adverb.

Early use of the word was almost exclusively in Church Latin as putative marriage, one which, though legally invalid due to an impediment, was contracted in good faith by at least one party.  Putative is almost always used in front of a noun, the modified noun being that which is assumed or supposed to be. The putative cause of a disease is whatever is generally thought to be the cause, even if unproven.  As a point of usage, it’s not correct to say "the cause was putative."

UK Prime Minister Boris Johnson’s marriage to Roman Catholic Carrie Symonds, mother of the two youngest of his seven children, was celebrated in London's Westminster Cathedral on 29 June 2021, the edifice briefly closed for the occasion.  Unannounced, as Mr Johnson’s third putative marriage, it attracted particular interest because it was a Roman Catholic ceremony.  Although probably most of the British public years ago lost any interest in theology, still widely known is the church’s doctrinal insistence that marriage is a permanent, lifelong union between a man and a woman, those who divorce unable to enter a second marriage recognized by the Church.

The prime-minister’s union is however within church rules.  A baptized Catholic, what he described as his school-boy conversion to Anglicanism was not something recognized by canon law, Mr Johnson joining the Church of England by a process the Vatican would view as not much more than him deciding one day he was Anglican.  Not good enough.  For any soul to depart the faith, what canon law requires is a “defection from the Catholic Church by a formal act”, a specifically defined legal process, undertaken in dialogue with the Church hierarchy and nothing like that was ever done.  Conversion cannot be effected simply by conduct or press-release and, although what was done might have made Mr Johnson an Anglican in the eyes of Lambeth, to the Holy See he was and remained one of them.

Marriage has a long history, the idea of a lifelong partnership between one man and one woman drawn from of natural law and something recognized and acknowledged by the Church by virtue of the conduct and acquiescence of the parties even before the medieval church regularized the practice in the Code of Canon Law.  The code contains also ecclesiastical laws governing how and when Catholics can enter marriage, among which is the requirements to conform with “canonical form” including the ceremony being performed in the parish church of the parties, the permission of their bishop to marry outside of the Church and the need to seek special dispensation, sometimes from Rome, to marry non-Christians.

The construction of the framework really began at the fourth Lateran Council (1215) which banned informal or secret marriages, beginning the codification of the forms and processes of formal marriage with rules ensuring marriages would be widely known within the community so (1) any impediment might be raised prior to or before the conclusion of the ceremony and (2), once done, neither party could deny the union.  This really was social engineering, addressing the not uncommon event of a man inducing consent from a woman or girl with assurance he regarded them as betrothed, only later, usually when he learned she was with child, to renounce the “marriage”.  All of this had a good scriptural basis, the notion of “what therefore God hath joined together, let not man put asunder” appearing both in Mark 10:9 and Matthew 19:6.  Further to strengthen the framework, after the Council of Trent (Concilium Tridentinum, 1545-1563, nineteenth ecumenical council of the Catholic Church, Trent (Trento), Italy), the marriage sacrament came under jurisdiction of the Church, ceremonies performed and records maintained by priests.  Unless a marriage conformed to canonical form, it couldn’t be a valid marriage and, in the eyes of canon lawyers, never happened.  That was the legal abstraction.  On the ground, parish priests and presumptive fathers-in-law, knowing what had happened, dealt with miscreant “husbands”.  

Thus the prime minister is a baptized Catholic subject to the demands of canonical form and one whose previous marriages lacked canonical form.  Any Church tribunal would be compelled to hold the two unions invalid; they didn’t exist so he could marry Ms Symonds in a Catholic ceremony in a Catholic Church as his first valid marriage.  Helpfully, nor are sins of the father visited upon the children, the law recognizing the children born of putative marriages later declared null or invalid to be as legitimate as those born of valid marriages.  The origin of this lies in the Medieval habit of kings seeking (and gaining, sometimes on grounds more tenuous than those applying to Mr Johnson) an annulment.  Then it was the delicate business of handling the sunder without messing with long-settled issues of succession.

There are other quirks in Canon law.  While the Church does hold only a marriage between two baptized Christians can be a sacrament, it also recognizes that any marriage which conforms to its essential properties is valid, regardless of whether it involves those of other faiths or indeed atheists.  The exception is Catholics, on whom is imposed the more onerous demands of canonical form.