Apollo

Apollo (pronounced uh-pol-oh)

(1) The ancient Greek and Roman god of light, healing, music, poetry, prophecy, manly beauty and quite some more.

(2) Popular term to describe strikingly handsome youth.

(3) In aerospace, the National Aeronautics and Space Administration's (NASA) programme of spacecraft (1961-1972) which between 1969-1972 carried 12 US astronauts to the moon and back.

(4) A Eurasian mountain butterfly, Parnassius apollo.

From classical Greek mythology, the name is a Latin form of the Greek Apollon, often cited as related to an obsolete Greek verb apollymi (to destroy) but there’s nothing conclusive.  More compelling is the notion it’s a cognate to the Doric month Apellaios and the offerings apellaia at the initiation of young men during the family-festival apellai.  Essentially, theories about Greek origins and a number of non-Greek etymologies are all speculative.

Apollo and the Muses, oil on canvas pentyptych (circa 1985) by Charles Meynier (1763 or 1768-1832).  Although in his notes the artist referred to the five panels as a pentyptych, that reference was conceptual and they've always been hung as five separate, framed canvases. 

From left to right: (1) Polymnia was one of the nine muses in Greek mythology and a patron of dancing or geometry.  Here she is depicted  standing in front of a bust of the Athenian orator Demosthenes. (2)  Erato, the muse of lyric and erotic poetry, is often shown with the golden arrow received from Eros (or Cupid), a sign of the emotion that inspires her.  (3) Urania leans on a starry orb, an allusion to her role as the muse of astronomy.  As all good muses must, she is staring dreamily at a god or man.  (4) The eldest of the nine Greek muses, Calliope was the goddess of music, song, and dance.  She was also known as the goddess of epic poetry and conferred the gift of eloquence on kings and princes. She stands here before a bust of Homer, the ancient Greek poet who history credits with having written the epic poems the Odyssey and the Iliad.  (5) Clio, the Greek muse of history, was the daughter of Zeus and Titaness Mnemosyne, the goddess of memory and is here depicted writing while surrounded by objects associated with preserving the memory of historical figures and events: busts, reliefs, and sculptures.  Clio's name was from the Greek root κλέω or κλείω (to recount; to make famous; to celebrate) and Clio is the traditional Latinisation but there has among classicists for centuries been a faction which uses K to represent the original Greek kappa, and ei to represent the diphthong ει (epsilon iota), thus the appearance in some texts of Kleio.

The paintings were commissioned by a textile merchant who planned to hang them in a grand gallery in his Toulouse townhouse but he went bankrupt prior to delivery and the paintings were purchased by a Swiss general who took them to his castle in Wallenried.  A wing had been added to the castle just to display the general's collection and there Apollo and the Muses remained for almost 180 years.  Although in good condition, when re-discovered, there were signs of neglect typical of works not carefully curated under controlled conditions.  The fluctuations in temperature and humidity at the castle had caused cracking in the surfaces and, over time, the sheer weight of the canvases caused the tacking edges to deteriorate and pull away from their stretchers, creating large drape-like buckles.  Most also exhibited varying degrees of the dreaded “traction crackle”, the degenerative process in which a paint layer on the surface shrinks faster than an underlying layer underneath, resulting in wide cracks revealing the color below.  The original hand-carved frames were intact and needed only the time-consuming conservation work to address the deterioration of their gesso and gold.

All of the paintings needed reduction of their varnish layers which had grown dull and dis-colored, descending to a brownish-orange tinge and when first viewed, all the works were dark, dull and murky, as if the muses were stepping out of a dense fog.  Worse, at some point, a prudish white veil had been painted over the body of Cupid many years after Meynier had died, a contemporary watercolor by the artist and an etching documenting the Salon of 1801 both showing the radical intervention was not part of the original.  Restoration was challenging because the original paint had aged for least 75 years before Cupid’s drapery and working under high magnification, conservators spent much time removing the 180 square inches of overpainting, re-shaping and re-sharpening scalpels so the unwanted could be chipped away without harming the original paint.  When complete, the restoration enhanced Meynier’s reputation because for the first time it became apparent he was one of the era's great colorists, his use of juxtaposed, muted complementary colors in draperies and skin tones creating soft vibrancies that undulate throughout the entire suite.

Planet Earth photographed from Apollo 8 as it rounded the dark side of the moon, 1968.  Our lovely blue home is like the most precious jewel in a desert of cold rocks, swirling gas and fiery relics.  We should look after it. 

Apollo has variously been recognized as a god of music, truth and prophecy, healing, the sun and light, plague, poetry, and more.  Apollo was the son of Zeus and Leto, and had a twin sister, the chaste huntress Artemis.  An oracular god, the prophetic deity of the Delphic Oracle, medicine and healing were associated with Apollo although, in one of the paradoxes which are part of the charm of the myths of Antiquity, he was also seen as a god who could bring ill-health and plague.  As the leader of the Muses and their choir, Apollo functioned as the patron god of music and poetry and, using the lyre created for him by Hermes became the most common attribute in the works of art created in his honor.  The hymns sung to Apollo were called paeans and his most important daily task was to harness and ride his four-horse chariot with which he moved the Sun across the sky.

Map of the Greek Islands.

In most of the tales in Greek mythology, Apollo was born on the island of Delos and it's said Leto was unable to find a safe place to give birth because the jealous goddess Hera had placed a curse on her.  However, the island of Delos which until that moment had been floating around the Aegean suddenly became stable and anchored to the seabed, providing a safe birthplace for Apollo and his twin sister Artemis.  After that, not much happened in the region for a few millennia, the next significant event in 2019 when the MTV series Lindsay Lohan’s Beach Club was filmed on the neighboring island of Mykonos

Futurism

Futurism (pronounced fyoo-chuh-riz-uhm)

(1) A movement in avant-garde art, developed originally by a group of Italian artists in 1909 in which forms (derived often from the then novel cubism) were used to represent rapid movement and dynamic motion  (sometimes with initial capital letter)

(2) A style of art, literature, music, etc and a theory of art and life in which violence, power, speed, mechanization or machines, and hostility to the past or to traditional forms of expression were advocated or portrayed (often with initial capital letter).

(3) As futurology, a quasi-discipline practiced by (often self-described) futurologists who attempt to predict future events, movements, technologies etc.

(4) In the theology of Judaism, the Jewish expectation of the messiah in the future rather than recognizing him in the presence of Christ.

(5) In the theology of Christianity, eschatological interpretations associating some Biblical prophecies with future events yet to be fulfilled, including the Second Coming.

1909: From the Italian futurism, the construct being futur(e) + -ism.  Future was from the Middle English future & futur, from the Old French futur, (that which is to come; the time ahead) from the Latin futūrus, (going to be; yet to be) which (as a noun) was the irregular suppletive future participle of esse (to be) from the primitive Indo-European bheue (to be, exist; grow).  It was cognate with the Old English bēo (I become, I will be, I am) and displaced the native Old English tōweard and the Middle English afterhede (future (literally “afterhood”) in the given sense.  The technical use in grammar (of tense) dates from the 1520s.  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Futurism, futurology, & futurology are nouns, futurist is a noun & adjective and futuristic is an adjective; the noun plural is futurisms.

Lindsay Lohan in Maison Martin Margiela (b 1957) Futuristic Eyewear.

As a descriptor of the movement in art and literature, futurism (as the Italian futurism) was adopted in 1909 by the Italian poet Filippo Tommaso Marinetti (1876-1944) and the first reference to futurist (a practitioner in the field of futurism) dates from 1911 although the word had been used as early as 1842 in Protestant theology in the sense of “one who holds that nearly the whole of the Book of Revelations refers principally to events yet to come”.  The secular world did being to use futurist to describe "one who has (positive) feelings about the future" in 1846 but for the remainder of the century, use was apparently rare.  The (now probably extinct) noun futurity was from the early seventeenth century.  The noun futurology was introduced by Aldous Huxley (1894-1963) in his book Science, Liberty and Peace (1946) and has (for better or worse), created a minor industry of (often self-described) futurologists.  Futures, a financial instrument used in the trade of currencies and commodities appeared first in 1880; they allow (1) speculators to be on price movements and (2) producers and sellers to hedge against price movements.  In theology, the adjective futuristic came into use in 1856 with reference to prophecy but use soon faded.  In concert with futurism, by 1915 it referred in art to “avant-garde; ultra-modern” while by 1921 it was separated from the exclusive attachment to art and meant also “pertaining to the future, predicted to be in the future”, the use in this context spiking rapidly after World War II when technological developments in fields such as ballistics, jet aircraft, space exploration, electronics, nuclear physics etc stimulated interest in such progress.

The Arrival (1913, oil on canvas by Christopher Richard Wynne Nevinson (1889-1946), Tate Gallery.

Given what would unfold over during the twentieth century, it’s probably difficult to appreciate quite how optimistic was the Western world in the years leading up to the World War I.  Such had been the rapidity of the discovery of novelties and of progress in so many fields that expectations of the future were high and, beginning in Italy, futurism was a movement devoted to displaying the energy, dynamism and power of machines and the vitality and change they were bringing to society.  It’s also often forgotten that when the first futurist exhibition was staged in Paris in 1912, the critical establishment was unimpressed, the elaborate imagery with its opulence of color offending their sense of refinement, now so attuned to the sparseness of the cubists.

The Hospital Train (1915, oil on canvas by Gino Severini (1883-1966), Stedelijk Museum.

Futurism had debuted with some impact, the Paris newspaper Le Figaro in 1909 publishing the manifesto by Italian poet Filippo Tommaso Marinetti. Marinetti which dismissed all that was old and celebrated change, originality, and innovation in culture and society, something which should be depicted in art, music and literature. Marinetti exalted in the speed, power of new technologies which were disrupting society, automobiles, aeroplanes and other clattering machines.  Whether he found beauty in the machines or the violence and conflict they delivered was something he left his readers to decide and there were those seduced by both but his stated goal was the repudiation of traditional values and the destruction of cultural institutions such as museums and libraries.  Whether this was intended as a revolutionary roadmap or just a provocation to inspire anger and controversy is something historians have debated.

Uomo Nuovo (New Man, 1918), drawing by Mario Sironi (1885-1961).

As a technique, the futurist artists borrowed much from the cubists, deploying the same fragmented and intersecting plane surfaces and outlines to render a number of simultaneous, overlaid views of an object but whereas the cubists tended to still life, portraiture and other, usually static, studies of the human form, the futurists worshiped movement, their overlays a device to depict rhythmic spatial repetitions of an object’s outlines during movement.  People did appear in futurist works but usually they weren’t the focal point, instead appearing only in relation to some speeding or noisy machine.  Some of the most prolific of the futurist artists were killed in World War I and as a political movement it didn’t survive the conflict, the industrial war dulling the public appetite for the cult of the machine.  However, the influence of the compositional techniques continued in the 1920s and contributed to art deco which, in more elegant form, would integrate the new world of machines and mass-production into motifs still in use today.

Jockey Club Innovation Tower, Hong Kong (2013) by Zaha Hadid (1950-2016).

If the characteristics of futurism in art were identifiable (though not always admired), in architecture, it can be hard to tell where modernism ends and futurism begins.  Aesthetics aside, the core purpose of modernism was of course its utilitarian value and that did tend to dictate the austerity, straight lines and crisp geometry that evolved into mid-century minimalism so modernism, in its pure form, should probably be thought of as a style without an ulterior motive.  Futurist architecture however carried the agenda which in its earliest days borrowed from the futurist artists in that it was an assault on the past but later moved on and in the twenty-first century, the futurist architects seem now to be interested above all in the possibilities offered by advances in structural engineering, functionality sacrificed if need be just to demonstrate that something new can be done.  That's doubtless of great interest at awards dinners where architects give prizes to each other for this and that but has produced an international consensus that it's better to draw something new than something elegant.  The critique is that while modernism once offered “less is more”, with neo-futurist architecture it's now “less is bore”.  Art deco and mid-century modernism have aged well and it will be interesting to see how history judges the neo-futurists.

Fate

Fate (pronounced feyt)

(1) That which unavoidably befalls a person; their fortune or “lot in life”.

(2) The universal principle or ultimate agency by which the order of things is presumably prescribed; the decreed cause of events; time.

(3) That which is inevitably predetermined; the inevitable fortune that befalls a person or thing; destiny; the ultimate agency which predetermines the course of events.

(4) A prophetic declaration of what must be.

(5) A common term for death, destruction, downfall or ruin; a calamitous or unfavorable outcome or result.

(6) The end or final result (usually in the form “the fate of”).

(7) In Classical Mythology, as “the Fates”, the three goddesses of destiny (Clotho, Lachesis & Atropos), known to the Greeks as the Moerae and to the Romans as the Parcae.

(8) To predetermine, as by the decree of fate; destine (used in the passive and usually in the form “fated to”).

(9) In biochemistry, the products of a chemical reaction in their final form in the biosphere.

(10) In biology, as fate map, a diagram of an embryo of some organism showing the structures that will develop from each part.

(11) In embryology, the mature endpoint of a region, group of cells or individual cell in an embryo, including all changes leading to that mature endpoint (the developmental pathway).

1325–1375: From the Middle English fate (“one's lot or destiny; predetermined course of life” or “one's guiding spirit”), from the Old French fate, from the Latin fātum (oracular utterance; what has been spoken, utterance, decree of fate, destiny), originally the neuter of fātus (spoken), past participle of fārī (to speak), from the primitive Indo-European root bha- (to speak, tell, say).  The Latin fata (prediction (and the source of the Spanish hado, the Portuguese fado and the Italian fato)) was the plural of fatum (prophetic declaration of what must be; oracle; prediction), from fātus (“spoken”), from for (to speak) and in this sense it displaced the native Old English wyrd (ultimate source of the modern English weird).  When a Roman Emperor said “I have spoken” it meant his words had become law, subject only to the dictates of the gods, a notion in 1943 formalized in law in Nazi Germany when a decree of the Führer was declared to be beyond any legal challenge.

In Latin, the usual sense was “that which is ordained, destiny, fate”, literally “that which was spoken (by the gods) and often was used in some bad or negative way, (typically as some kind of harbinger of doom) and this association with “bad luck, ill fortune; mishap, ruin; pestilence or plague” carried over into Medieval Latin and from there to many European languages including English.  From the early fifteenth century it became more nuanced, picking up the sense of “the power or guiding force which rules destinies, agency which predetermines events” (often expressed to mean a “supernatural predetermination” and presented sometimes as “destiny personified”.  The meaning “that which must be” was first documented in the 1660s and that led (inevitability as it were) to the modern sense of “final event”, dating from 1768.   The Latin sense evolution came from “sentence of the Gods” (theosphaton in the Greek) to “lot, portion” (moira in the Greek, personified as a goddess in Homer; moirai from a verb meaning “to receive one's share”).  The Latin Parca (one of the three Fates or goddesses of fate) was the source of the French parque (a fate) and the Spanish parca (Death personified; the Grim Reaper) and may be from parcere (act sparingly, refrain from; have mercy upon, forbear to injure or punish (which etymologists suspect was a euphemism) or plectere (to weave, plait).  The Moerae (the Greek plural) or the Parcre (the Roman plural) were the three goddesses who determined the course of a human life (sometimes poetically put as “the three ladies of destiny”) and were part of English literature by the 1580s).  Clotho held the distaff or spindle; Lachesis drew out the thread and Atropos snipped it off, the three goddesses controlling the destinies of all.

The verb in the sense of “to preordain as if by fate; to be destined by fate” was first used in the late sixteenth century and was from the noun; two centuries earlier the verb had meant “to destroy”.  The adjective fateful dates from the 1710s and was from the noun, the meaning “of momentous consequences” noted early in the nineteenth century and both “fateful & “fatefully” were used by poets of the Romantic era with the meaning “having the power to kill” which belong usually to “fatal”, the attraction being the words better suited the cadence of the verse.  Just as the noun fate enjoyed some broadening and divergences in its meanings, other adjectival use emerged including fated from the 1720s which meant “doomed” (and “destined to follows a certain course” & “set aside by fate”), fatiferous (deadly, mortal) from the 1650s (from the Latin fatifer (death-bringing) and the early seventeenth century fatific & fatifical (having the power to foretell) from the Latin fatidicus (prophetic).  Fate is a noun & verb; fatalism, fatefulness & fatalist are nouns, fated & fating are verbs, fatalistic & fateful are adjectives and fatalistically & fatefully are adverbs, the noun plural is fates.

Fate has in English evolved to enjoy specific meanings and there’s really no exact synonym but the words destiny, karma, kismet; chance, luck, doom, fortune, lot, foreordain, preordain & predestination are related in sense while the antonyms (with a similarly vague relationship) include choice, free will, freedom & chance.  The idiomatic phrases using “fate” includes “as fate would have it” (the same meaning as “as luck would have it”, an allusion to the randomness of events and how so much good fortune in life is a matter of chance”; fate-fraught or fatefraught (fateful), quirk of fate (same as “quirk of fate”, a usually unfortunate (often ironic) change of circumstances or turn of events; seal someone's fate (to prevent (a decision, event, etc.) from being influenced or changed by a wilful act; to pre-empt someone's future actions by deciding the course of events ahead of time); sure as fate (with certainty); tempt fate (to court disaster; to take an extreme list); fate worse than death (which can be used literally (eg being sent to the Gulag in comrade Stalin’s time was often described thus on the basis a quick death was better than a slow one or the phrase “the living will envy the dead”, used often of those imagined to have survived a nuclear war) or figuratively (eg “going to a country & western concert is a fate worse than death” although that one may not be too far from literal.  The words “fate”, “destiny” & “doom” all relate to the hand of fortune (usually in the adverse) that is predetermined and inescapable and although they’re often used interchangeably, there are nuances: Fate stresses the irrationality and impersonal character of events; the randomness of what happens in the universe.  Destiny emphasizes the idea of an unalterable course of events, and is used of outcomes good and bad but rarely of the indifferent.  Doom is unambiguously always something bad, especially if final and terrible.  Doom may be brought about by fate or destiny or it may be something all our own fault.

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

Many notable political and military leaders like to damn the hand of fate when it doesn’t favour them but the word is often invoked when things look good.  In July 1939, the vice-chief of staff of the Imperial Japanese Army (Lieutenant General Shigeru Sawada (1887–1980)), impressed by the dynamism of the fascist states in Europe declared : “We should resolve to share our fate with Germany and Italy”.  In that he was of course prophetic although the fate of the three Axis powers a few years on wasn’t what he had in mind.  By 1939 however, things in Tokyo had assumed a momentum which was hard for anyone in the Japanese military or political establishment to resist although there were statesmen aware they were juggling in their hands the fate of the nation.  Yōsuke Matsuoka (1880–1946; Japanese foreign minister 1940-1941), almost as soon as the signatures has been added to the Japanese-German Anti-Comintern Pact (1936) observed: “It is characteristic of the Japanese race that, once we have promised to cooperate, we never look back or enter into an alliance with others.  It is for us only to march side by side, resolved to go forward together, even if it means committing double suicide”.  Even by the standards of oriental fatalism that was uncompromising and Matsuoka san probably reflected on his words in the days after the attack on Pearl Harbor (7 December 1941) when he lamented: “Entering into the Tripartite Pact was the mistake of my life.  Even now I still keenly feel it. Even my death won't take away this feeling.”

In the Western philosophical tradition, the difference between fatalism and determinism is sometimes misunderstood.  In essence, what fatalism says is that one does not act as one wills but only in the pre-ordained way because everything is pre-ordained.  Determinism says one can act as one wills but that will is not of one’s own will; it is determined by an interplay of antecedents, their interaction meaning there is no choice available to one but the determine course.  So, fatalism decrees there is an external power which irresistibly dictates all while determinism is less assertive; while there are sequences of cause and effect which act upon everything, they would be ascertainable only to someone omniscient.  That’s something to explore in lecture halls but not obviously of much use in other places but the more important distinction is probably that determinism is an intellection position that can be mapped onto specific situations (technological determinism; political determinism; structural determinism et al) where as fatalism, ultimately, is the world view that would should abandon all hope of influencing events and thus repudiate any responsibility for one’s actions.  Determinism is a philosophy, fatalism a faith.

Estoppel

Estoppel (pronounced e-stop-uhl or est-opp-al)

(1) In common law jurisdictions, a legal principle that prevents a party from asserting otherwise valid legal rights against another party because of conduct by the first party, or circumstances to which the first party has knowingly contributed, make it unjust for those rights to be asserted.

(2) In common law jurisdictions, a rule of evidence whereby a person is precluded from denying the truth of a statement of facts he has previously asserted.

1250-1300: From the Middle English from the Middle French estoupail or estopail (stopper; plug; a bung made of oakum (étoupe) from estoper (to stop up; to plug), a derivative of estoupe from the Latin stuppa ("broken flax, tow"), from Ancient Greek στύππη (stuppē) (broken flax).  Estoppel is the noun; the verb is estop, from the Middle English estoppen, from the Old French estopper & estouper, probably a variation on the Vulgar Latin stuppāre (to stop up with tow, caulk).  The once common misspelling estoppal seems to have gone extinct since law students began using spell-checkers.  Estoppel, estoppage & estop are nouns and estopped & estopping are verbs; the noun plural is estoppages.

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

Equitable Estoppel is known also as Estoppel by Conduct or Estoppel in Pais (outside of court; without legal proceedings) and refers to estoppel arising by virtue of a party's actions.  Equitable estoppel prevents a party from taking a position that is inconsistent with their past conduct, especially when another party has relied on that conduct to their detriment. The classic example is where a party undertakes not to enforce their legal rights, leading another relying on that promise to act in a manner which is to their detriment, the party making the promise may be estopped from later asserting their legal rights.  Equitable estoppel is the companion of Promissory Estoppel which operates where one party makes to another an unambiguous promise to and the latter relies on that promise to their detriment. If later the promisor reneges on the promise, the court may estop them from doing so; promissory estoppel is often used to enforce promises that may not meet the strict requirements of a contract.  Collateral Estoppel is known also as Issue Estoppel and it stops a party from re-litigating an issue already riled upon in a previous case.  If an issue was essential to a previous judgment, provided the party had adequate opportunity to litigate, they will estopped subsequently from re-litigating the same issue.  Estoppel by Deed is known also as Estoppel by Record and applies in situations where a party makes a false statement about property rights in a written instrument (typically a will or deed).  If another party relies on that written instrument to their detriment, the party who made the false statement may be estopped from denying the truth of the statement.  Estoppel by Silence is known also as Estoppel by Acquiescence and occurs when one party's silence or failure to act leads another party to believe that certain facts or rights exist.  If the first party later tries to assert a contrary position, they may be estopped from doing so because of their earlier silence or inaction.  Estoppel by Representation arises when one party makes a false representation to another, and the other party relies on that representation to their detriment. The party making the false representation may be estopped from asserting a contrary position.  In Estoppel by Laches, if a party unreasonably delays asserting their legal rights and this delay prejudices another party, a court may in some circumstances estop the delayed party from later asserting those rights due to the unfairness of the delay.

Estoppel by Election (unknown in some jurisdictions) is a special instance of estoppel by conduct and arises in cases where there exists a plurality of gifts or rights which are inconsistent (or offered as alternatives) and the party who makes the gifts or creates the rights, shows by and express or implied intention that the party taking the gift or claiming the right should enjoy one of them, but not both.  Having made their choice, the receiving party cannot later renege and attempt to choose the other.  Estoppel by election can also be invoked in cases where a party cannot approbate or reprobate under the same instrument.  According to the most fastidious lawyers, the mysterious Constructive Estoppel really doesn’t exist and the term should be used only as a way to explain the mechanism of things like estoppel by silence, acquiescence or conduct because such concepts are analogous with the well-known constructive fraud.  It has been used in some jurisdictions in real property cases where the true state of affairs found to differ from what was construed.  Typically, the case will involve a transfer of property where the registration of a document operates as constructive notice of its contents.  One party may be unaware of the document or its contents but, because it is registered, it is deemed all possess such knowledge (the theory being if one wanted to have such knowledge it could be obtained).  The objection in such matters is not to the operation of estoppel but just the adjective “constructive”; either the facts of the case will disclose the conditions of estoppel are present (in which case the principle operates) or they are not (and the principal will not operate).

Estoppel has thus delighted lawyers in that it proved amenable to being formulated in so many flavors but the classic formulation remains promissory estoppel, dating from a judgment of an English court in 1877 but which remained unexplored by the judiciary until revived in 1946, after which it proliferated.  It’s an example of the law of equity intruding into common law to correct what would otherwise be an injustice were a strict and literal interpretation of law to prevail.  It holds (1) Where a party has acted in good faith upon representations by another, even if those representations were never reduced to a form in which they would create a legal relationship between the two, the other party cannot enforce their strict legal rights and (2) If a party represents to another that in certain circumstances, they would not seek to enforce their legal rights, they cannot subsequently depend on those rights.  Australian courts have extended the principle of estoppel, even allowing a historically essential condition of contract to be waived, the High Court of Australia (HCA) later fusing common law and equitable estoppels into a single unified doctrine.  However, the NSW Court of Appeal still treats estoppel at common law separately from equitable estoppel, this perhaps influenced by the long history of the old Equity Bar in that state.  NSW was the last major jurisdiction in the country to merge law and equity and the historic names of Equity and Common Law are still used for the court’s two divisions, some barristers still referring to themselves (it's said with something of a superior air) as members of the “equity bar”.

Heresy

Heresy (pronounced her-uh-see)

(1) Opinion or doctrine at variance with the orthodox or accepted doctrine, especially of a church or religious system.

(2) The maintaining of such an opinion or doctrine.

(3) In Roman Catholic canon law, the wilful and persistent rejection of any article of faith by a baptized member of the church.

(4) Dissent, iconoclasm, dissension.

1175–1225: From Middle English heresie from Old French heresie and Late Latin haeresis (school of thought, philosophical sect) derived from the Greek haíresis (act of choosing, derivative of haireîn (to choose)).  Source of the Greek was haireisthai (take, seize), middle voice of hairein (to choose) of unknown origin but likely derived from the primitive ser (to seize), thought also to be the root of both the Hittite šaru and the Welsh herw, both best translated as “booty".  The modern meaning emerged from the use by early Christian writers who used the literal translation from the Latin (sect or doctrine) to convey their disapproval of unorthodox thoughts or ideas.  The Greek word was used in the New Testament in reference to the Sadducees, Pharisees, and even the Christians, as sects of Judaism, but in English bibles it usually is translated as sect.   The meaning "religious belief opposed to the orthodox doctrines of the Church" evolved in Late Latin and was adopted for non-religious use as early as the late fourteenth century.

The Church of England Rejects Heresy Courts Proposal

Lindsay Lohan offering salvation to a heretic, (Machete (2010)).  The revolver is a Smith & Wesson Model 500 (8.38" barrel; .50 Magnum load)

In mid-1999, in a rare moment of clarity, the Church of England flirted, after a gap of one-hundred and fifty years, with the re-introduction of heresy trials to deal with clergy accused of deviation in matters of doctrine or ritual.  The last heresy trial was in 1847, when the Bishop of Exeter (Henry Phillpotts (1778–1869; Anglican Bishop of Exeter 1830-1869) accused the Reverend George Cornelius Gorham (1787–1857) of being unsound on the doctrine of "baptismal regeneration", Mr Gorham not agreeing a person was cleansed of original sin at baptism and born again into Christ.  Although the Court of Arches agreed with the bishop, on appeal, the Judicial Committee of the Privy Council overturned the ruling which caused a (very Anglican) controversy about whether a secular court should be able to rule on matters of doctrine (as opposed to law or procedure).  Since then clergy and bishops have been (more or less) free to deviate from doctrine without punishment and the Right Reverend David Jenkins (1925-2016), a former Bishop of Durham (1984-1994), famously raised a few eyebrows when he discussed his heterodoxic view on the virgin birth and bodily resurrection of Christ.  The new disciplinary procedure for clergy was to include offences against "doctrine, ritual and the ceremonial" because those who profess atheism or deny the doctrine of the Trinity or the Incarnation “should be disciplined”.

Heretic crooked Hillary Clinton being burned at the stake (digitally altered image).

Although not as well known as other inquisitions, in England, in the sixteenth century Reformation during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547), about 60 heretics were executed.  Heresy laws were repealed in 1547, but reintroduced in 1554 by Mary I (1516–1558; Queen of England and Ireland 1553-1558 & Queen of Spain 1556-1558), under whom about 290 heretics were burned at the stake after the restoration of papal jurisdiction.  Executions of some 180 religious opponents continued under Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) but on grounds of treason rather than heresy although the offence remained on the books.  To the condemned, it must have seemed a tiresome technical distinction.  The last execution of a "heretic" in England occurred in 1612 although technically that was for the offence of blasphemy.  Puritanical, if not quite to the end but certainly for as long as they could, there was one later execution in Scotland in 1697 when Thomas Aikenhead (circa 1676-1697) was accused, inter alia, of denying the doctrine of the Trinity.  In a example of Scottish judicial modernization, Mr Aikenhead was hanged rather than burned at the stake although they retained blasphemy as a capital offence until 1825. 

Unfortunately, after mulling over things for half-a–decade, the General Synod of the Church of England rejected the revival of a heresy court and didn’t, even more regrettably, consider bringing back burnings at the stake.  It seems there were fears the court could be used to enforce a traditionalist view, targeting clergy, who for example, support same-sex marriages or gay clergy, both now apparently matters of greater theological importance than a belief in the resurrection.  That does seem strange given it’s the central tenet of Christianity but that’s clearly become view from both the General Synod and Lambeth Palace.  In an address to the synod, displaying his flair for simultaneously changing the subject and answering a different question than the one asked, then Archbishop of Canterbury, Dr Rowan Williams (b 1950; Archbishop of Canterbury 2002-2012), said it was important for the church “…to be able to speak out against issues like Apartheid.  The question I think we ought to be asking is whether this does or does not serve the integrity or credibility of the church in the long run.  I believe that such a measure can serve the integrity and credibility of the church if we do indeed step back in this way.  It is over twenty years since the World Alliance of Reform Churches declared that the theological justification for Apartheid was a heresy.  It would be, I think a very incredible and inadequate Christian church which did not have the resource to say something like that.”

Pope Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) and Cardinal George Pell (1941-2023) discuss the fate of heretics.

Mezzanine

Mezzanine (pronounced mez-uh-neen)

(1) In architecture, a low story between two other stories of greater height in a building, especially when the low story and the one beneath it form part of one composition; an entresol (in general use referred to as “mezzanine” or “mezzanine floor”, most historically between the ground and first levels because so many were added to take advantage of the high ceilings often found in these voids.  A mezzanine is an intermediate floor (occasionally called a “sub-storey” or “demi-storey”) which does not extend over the whole floor-space below and can thus be visualized a kind of (usually large) large balcony overlooking the floor below; many were atop “grand” staircases which were often the focal point of ground floors.

(2) By extension (and used loosely), an apartment, room, restaurant etc on such an intermediate floor.

(3) In theatre (and other performance spaces) design, the lowest balcony or forward part of such a balcony (North American use and known sometimes as the “dress circle”), the seats there usually sold either at a premium or a discount against the “orchestra” seats depending on the structure.

(4) In theatre design, a space under the stage, from which contrivances such as traps are worked (obsolete).

(5) In financial markets, an intermediate stage in a financial process, known variously as “mezzanine funding”, “mezzanine capital”, or “mezzanine debt” (“mezz” the shorthand of traders).

(6) In interior design, an additional layer of flooring, laid over a floor either to raise the height, conceal imperfections or afford protection from water penetration (the latter common in server rooms & farms).

(7) As “mezzanine window”, a a small window at the height of a mezzanine floor or an attic.

(8) In computer hardware, as mezzanine board, the gender-neutral replacement term for the earlier daughter boards (which plugged into motherboards (now the gender neutral system board)

(9) In figurative use, any intermediate or ancillary stage or device (rare except in engineering (engineering) where it’s used to describe things fulfilling an intermediate or secondary function.  Curiously, software engineers & coders seem not to use the term, possibly to avoid confusion with the hardware devices.

1705–1715: From the French mezzanine & its etymon the Italian mezzanino (a low story between two higher ones in a building), from mezzano (middle (adjective) & go-between (noun)) the construct being mezzan(o) (in either sense of “middle”), from the Latin mediānus (median; of the middle) + -ino (the diminutive suffix).  Mezzano was from the Latin adjective mediānus (central, middle), from medius (mid, middle), ultimately from a construct of the primitive Indo-European root médyos or médhyo (middle)) + -ānus (the suffix meaning “of or pertaining to”).  The word was almost exclusive to architects before the early twentieth century when it came to be used on New York’s Broadway to mean “lowest balcony in a theater”, presumably because the use of something so Italianesque might justify charging a premium for the ticket.  The Italian mediānus was an element also in words like mediator (an agent who interposes between two parties), medium (that size between big & small) and medieval (a creation of Modern English from the New Latin medium aevum (the middle age, thus pertaining to or suggestive of the Middle Ages), the construct being medi(ānus) (the middle) + aev(um) (age) + -al (the Latin adjectival suffix appended to various words (often nouns) to make an adjective).  Mezzanine is a noun & adjective and mezzanining & mezzanined are verbs; the noun plural is mezzanines.  Because mezzanine was a particular specification in architecture, historically, adjectives like mezzaninesque or mezzaninish would have been absurd but given the fertile imaginations of those engineering new financial products, they may yet come into vogue.

417 & 419 Venice Way, Venice Beach, Los Angeles, California where, during 2011, Lindsay Lohan lived (in 419 (right)).  This style of construction is sometimes called a “pigeon pair” but these two are only "semi-mirrored" because there are detail differences in the architecture.  Next door (417) lived Ms Lohan's former special friend Samantha Ronson.  Each four bedroom (3½ bathrooms) house included a floating stairway leading to a mezzanine which the property’s agent described as “ideal for a studio or office”.

419 Venice Way: Ground level showing the floating staircase to the mezzanine (left) and the mezzanine (right).

In casual use, many refer to smaller mezzanines as balconies but architects note the latter tend to be installed on a building’s exterior while a mezzanine is inherently an indoor feature.  While the motifs of ether can be used either inside or out, by convention the indoor/outdoor convention of use dictates the choice of nomenclature.  A mezzanine is an intermediate level which is built with a partial floor which doesn’t fully cover the floor and historically many were added between the ground and first levels to take advantage of the high ceilings often found in these voids, many featuring the so-called “grand staircases” which were often the focal point of ground floors.  By contrast, a balcony is an elevated platform typically attached to the upper exterior of a building to provide a space onto which people may sit or stand for a variety of purposes.

Lobby (foyer) of Stamford Plaza Brisbane, Queensland, Australia with the “grand staircase” leading to the mezzanine.  Wedding photographers are especially fond of big staircases because they provide the ideal base for the train of a bride’s dress to fall in a photogenic way.

Penta Mezzanine’s conceptual diagram of mezzanine financing.

The idea of mezzanine financing emerged in the US early in the twentieth century and is a highly variable mechanism involving a hybrid mix of debt and equity, the use of mezzanine in this context reflecting its “middle or intermediate” position between senior debt and equity in the corporate structures.  Mezzanine was a niche in US capital markets until the early post-war years when un-met demand in the gap between conventional (secured) bank loans and equity investment was identified and in the buoyant trans-Atlantic economy of the era it proved ideally suited to the increasingly popular leveraged buyouts (LBOs) and mergers & acquisitions (M&A) because of the flexibility and the acceptance of subordinated forms of capital.  By later standards the use of mezzanine instruments was on a small scale but the techniques developed lad the basis for the boom in corporate financing which flared in the newly deregulated environment of the 1980s and 1990s when the volume LBOs & M&A activity was such that some institutions were able to devote entire divisions to service the market.

Mezzanine financing is now part of financial industry in just about every developed economy and provides a source of capital combines debt and equity, almost always at a higher cost than traditional arrangements so while not regarded as a “last resort” in the way that term in used in banking, the device exists to fill the shortfall (ie the bit “in the middle”) between need and what conventional sources decide is justified by the risk.  Demanding (1) a premium interest rate to provide capital which is subordinated to other debts in the case of liquidation or bankruptcy & (2) taking an equity position are the ways the risk-reward math can be made to work for both parties and mezzanine financing continues to exists because it fulfills a need, thus ensuring there is both supply & demand to sustain the model.

Portico

Portico (pronounced pawr-ti-koh or pohr-ti-koh)

(1) In architecture, a covered (but not enclosed) entrance to a building, the structure consisting of a roof supported by columns or piers, usually attached to the building as a porch.

(2) The Stoic philosophy, named after the public porch on the agora of Athens where Zeno taught (now obscure and used only in the history or teaching of academic philosophy).

1595–1605: An Italian borrowing from the Latin porticus (gate; entrance), the construct being porta + -icus.  Porta is from the primitive Indo-European root per- (to pass through or over), probably as a feminine nominalization of pr-tó- (passed through; crossed) and related to the Ancient Greek πόρος (póros) (means of passage).  The –icus suffix is from the i-stem + -cus, occurring in some original cases and later used freely.  It was cognate with the Ancient Greek -ικός (-ikós), the Proto-Germanic –igaz, the Old High German and Old English -ig, the Gothic -𐌴𐌹𐌲𐍃 (-eigs) and the Proto-Slavic –ьcь.  The Slavic form fossilized into a nominal agent suffix, but probably originally also served adjectival functions.  The Latin porticus was a doublet of porche and both plural forms, porticoes & porticos, are acceptable.

Portico at front entrance of the Port Office building, Edward Street, Brisbane, Queensland, Australia. The architect was Francis Drummond Greville Stanley (1839—1897) who completed the design between 1875-1877 while appointed Queensland Government Architect.

First widely used as a formalised style in Ancient Greece, a portico is a porch which provides cover over the entrance to a building.  Until recently, historians of architecture insisted on a portico being a structure supported by columns or pillars but without walls, variations of the theme usually called colonnades or ante rooms.  Now, the more general term "porch" seems often extended to what used to be a portico.

Drayton Hall, Charleston, South Carolina.

Drayton Hall, a fine example of Palladian architecture, is thought to have been completed in the early 1750s.  On the west façade, it features an unusual, recessed, double projecting portico, one striking aspect of which is the twinned staircases.  Symmetrically paired staircases leading up to porticos were a common feature in antebellum architecture but it’s rare to see them attached at right angles, the style of the plantation era tending to favour sweeping curves.

Villa Cornaro, Venice.

Drayton Hall’s double-layer portico is said to be the first of its kind in North America and influenced by similar constructions in Italy by Renaissance architect Andrea Palladio (1508–1580) who lent his name to this style.  His Villa Cornaro, a country estate in Piombino Dese, near Venice, he designed in 1551-1552, leaving an interesting discussion of the building in the second volume of I quattro libri dell'architettura (The Four Books on Architecture (1570)).

Lindsay Lohan approaching the portico of the "London house" in Parent Trap (1998).   The house is 23 Egerton Terrace, Knightsbridge London, SW3 although in the film it's labelled Number 7.