Showing posts sorted by relevance for query Adultery. Sort by date Show all posts
Showing posts sorted by relevance for query Adultery. Sort by date Show all posts

Sunday, September 10, 2023

Adultery

Adultery (pronounced uh-duhl-tuh-ree)

Voluntary sexual intimacy between a married person and someone other than his or her lawful spouse.

1325-1375: From the Middle English adulterie, from the Classical Latin adulterium (voluntary violation of the marriage bed).  Adulterie replaced an earlier Middle English form advouterie, drawn from the Old French avoutrie.  So, construct was: adulterie, altered (as if directly from Latin adulterium) from avoutrie, via Old French from Latin adulterium, from adulter, back formation from adulterāre.  Modern spelling, with the re-inserted -d, is from early fifteenth century.  Interestingly, in Middle English, word also applied even to "sex between husband and wife for recreational purposes”, sex for other than procreation being regarded by the church as idolatry, perversion and heresy.  The church variously classified the sin as single adultery (with an unmarried person) and double adultery (with a married person).  In Old English the word was æwbryce (breach of lawful marriage), drawn from the German Ehebruch.  As one might imagine, the tradition of adultery goes way back and so does the condemnation by clerics and others; it is of course proscribed by one of the Ten Commandments (coming in usually at 6 or 7 in most translations) in the Christian Bible and the ever zealous Leviticus (at 20:10) spelled out the consequences: If there is a man who commits adultery with another man's wife, one who commits adultery with his friend's wife, the adulterer and the adulteress shall surely be put to death.

In the US, Adultery Dune in Arizona corresponds to the Navajo sei adilehe (adultery sand), the place where, prior to European settlement, illicit lovers met.  It’s apparently something between Hampstead Heath and Death Valley as depicted in Michelangelo Antonioni’s (1912-2007) Zabriskie Point (1970).  Everyone should see Zabriskie Point before they die.

Double Adultery: Cheryl Kernot & Gareth Evans.

Although adultery can be a difficult, complicated business, two avoid things ending badly, there are really two options.  One is not to commit adultery because, in the words of  English author, Arthur Hugh Clough (1819-1861), "advantage rarely comes of it."  Option two is not to get caught but there is a long list of politicians who made the greatest mistake of all: getting caught.  Although adultery seemed once almost obligatory (and once also tolerated) for French politicians great and humble, in the English-speaking world, it's always a scandal.  Of late, we’ve had the helpfully named Anthony Weiner (b 1964), Bill Clinton (b 1946; US president 1993-2001) who had only himself to blame and Sir John Major (b 1943; UK prime-minister 1990-1997) who really must be admired; an affair with Edwina Currie (b 1946) hardly being safe-sex.  Jim Cairns (1914–2003) perjured himself while lying about his affair and John Profumo (1915–2006) committed adultery with Christine Keeler (1942–2017) while she was enjoying another adulterous affair with a Russian spy.  While leader of the opposition, Ben Chifley (1885–1951; prime minister of Australia 1945 to 1949) told the prime-minister he was going home to read a detective story, dying that night in the company of his mistress; men wept at the news of his death.  John Kennedy's (JFK, 1917–1963; US president 1961-1963) adultery was (within the beltway), famous even at the time and David Lloyd George (1863–1945; UK prime-minister 1916-1922) blatantly took his mistress to the Paris Peace Conference in 1919; one author claimed even the long-assumed faithful Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) may have strayed.  Doing his bit, Gareth Evans (b 1944; Australian Labor Party (ALP) senator or MP 1978-1999, sometime attorney-general & foreign minister) had an affair with then Democrats leader Cheryl Kernot (b 1948) who subsequently rated on them and joined the ALP although whether that was because or in spite of Gareth’s adulterous caresses has never been clear.

End of the line for Sir Billy Snedden.

Most illustrious are those said to have died on the job, expiring usually in hotel rooms following heart-attacks or strokes.  The list includes the 70 year old Nelson Rockefeller (1908-1979; US vice-president 1974-1977) who was with a 25 year old aide and the 76 year old Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945) who was in the company of an admirer of 37.  Lord Palmerston (1784-1865; variously UK prime-minister or foreign secretary on several occasions 1830-1865) is rumoured to have died on a billiard table with a housemaid and Pope John XII (circa 933–964; pope 955-964) is said to have died in circumstances not dissimilar.  Famously, Sir Billy Snedden (1926–1987), at 61, breathed his last in a Travelodge at Sydney's Rushcutter’s Bay with a somewhat younger woman who was his son’s ex-girlfriend, an event recorded by what was perhaps the Melbourne Truth's most memorable front page.  Remarkably, despite decades of speculation, her identity has never publicly been confirmed.

Former Australian Country Party leader Barnaby Joyce (b 1967; thrice (between local difficulties) deputy prime minister of Australia 2016-2022).

Mr Joyce joined a long line of adulterous politicians who made the greatest mistake of all: getting caught.  He's pictured here escorting wife to the parliament's mid-winter ball (left) and casting his mistress an admiring glance (right).  The whip he carried was thought a photo-opportunity prop, an allusion to his role as a rural member of the house of representatives rather than an indication of any proclivities.

Thursday, April 23, 2020

Conversation

Conversation (pronounced kon-ver-sey-shuhn)

(1) A (usually) informal interchange of thoughts, information, etc, by spoken words; oral communication between persons; talk; colloquy.

(2) Association or social intercourse; intimate acquaintance.

(3) In tort law, as criminal conversation, an action variously available (according to circumstances), pursuant to adultery.

(4) Behavior or manner of living (obsolete).

(5) Close familiarity; intimate acquaintance, as from constant use or study (now rare).

1300–1350: From the Middle English conversacion & conversacioun, from the Old French conversacion (behavior, life, way of life, monastic life), from the Latin conversātiōnem (accusative singular of conversātiō) (conversation) (frequent use, frequent abode in a place, intercourse, conversation), noun of action from the past-participle stem of conversari (to live, dwell, live with, keep company with), the passive voice of conversare (to turn about, turn about with (conversor (abide, keep company with) a frequently used derivative)), from an assimilated form, the construct being com (with, together) + versare, frequentative of vertere (to turn), from the primitive Indo-European root wer (to turn, bend).  Both the mid-fourteenth century meanings (1) "place where one lives or dwells" and (2) "general course of actions or habits, manner of conducting oneself in the world" are long obsolete.  Those senses were picked up from the Old French conversacion and directly from the Latin conversationem.

The modern sense of "informal interchange of thoughts and sentiments by spoken words" dates from the 1570s but this for a long time ran in parallel with being a synonym for "sexual intercourse", in use since at least the late fourteenth century.  Depending on the circles in which one moved, that might have been the source of misunderstandings.  In common law, the tort of criminal conversation emerged in the late eighteenth century.  The "conversation-piece" was noted from 1712 in the sense of "painting representing a group of figures arranged as if in conversation" al la "still life"; by 1784 it had come to mean "subject for conversation, something about which to talk".

The tort of criminal conversation

Like “knowing” (of biblical origin), "conversation" was a euphemism for illicit sex and in this sense has long been obsolete except as “criminal conversation”. which, at common law, is a tort which can be used in proceedings pursuant to certain types of adultery.  Dating from the eighteenth century, although abolished in England in 1857, the tort survived in Australia until 1975 when the Family Law Act replaced the old Matrimonial Causes Act, a piece of law reform which much disappointed Liberal Party lawyers, not a few moralists (professional & amateur) and readers of the Melbourne Truth, a most disreputable tabloid noted for its outstanding racing form guide and publication of salacious photographs (often taken through the windows of St Kilda motels) used as evidence in divorce cases.  The action remains available in a handful of jurisdictions in the United States where the rules can be more liberal than permitted in English courts in that women are entitled to sue.  The name has always been misleading; although called "criminal" conversation, the action was only ever strictly a claim for damages in money.

Example one (Cheryl & Gareth): A man has an affair with a married woman.  

The husband of the unfaithful wife would have been able to sue the unfaithful husband in the tort of criminal conversation.

It was a precisely defined tort which existed to allow wronged parties to seek monetary compensation for acts of unfaithfulness.  Under criminal conversation, within certain limitations of timings and sequence of events, a husband could sue any man who slept with his wife, even if consensual.  If the couple was already separated, the husband could sue only if the separation was caused by the person he was suing.

Example two (Vikki & Barnaby): A man has an affair with an unmarried woman.  

No action would have been possible in the tort of criminal conversation because the woman has no husband to raise the action.  Only a husband could be the plaintiff, and only the "other man" could be the defendant.

Reflecting the moral basis of the tort, each separate adulterous act could give rise to a separate claim for criminal conversation and curiously, the plaintiff, defendant and wife were not permitted to take the stand, evidence being given by other observers, often servants in the employment of one of the parties to the suit.  The tort was a matter wholly a creature of civil law and the definitions of adultery codified in canon law had no relevance to the offence or any subsequent penalty.  Under canon law, someone was deemed to have committed adultery if they enjoyed intimacy with someone while married to another whereas if the other party was also married, the offence was double adultery but neither aggravated the offence or could be offered in mitigation.

Conversation piece: Lindsay Lohan in conversation with her sister Aliana, La Conversation bakery & café, West Hollywood, California, April 2012.  Sadly, La Conversation is now closed.

Conversation piece: The Schutz Family and their Friends on a Terrace (1725) by Philip Mercier, Tate Gallery.  As a genre in painting, the "conversation piece" was a notionally informal (though obviously often staged) group portrait, usually small in scale and depicting families (and sometimes groups of friends) in domestic interior or garden settings.  They were popular for much of the eighteenth century, the most noted artists in the style including Philip Mercier (1689-1760), William Hogarth (1697-1764), Arthur Devis (1712-1787) and Johan Zoffany (1733-1810).

The form is interesting because it reflects the emergence of a new component of the leisured class, the newly rich merchants, or mine and factory owners whose wealth was derived from the profits of industrial revolution and the country’s expanding international trade.  The painters tended to show their subjects in genteel interaction, taking tea, playing games or sitting with their pets.  Conversation pieces were thus different from the formal court or grand style portraits favored by the aristocracy and were an attempt to represent the new middle class behaving as they imagined the old gentry did in everyday life.  Their influence worked also in reverse, aristocratic and royal patrons soon commissioning artist to paint their families in a similar vein.

Saturday, September 19, 2020

Fake & Faux

Fake (pronounced feyk)

(1) To prepare or make something specious, deceptive, or fraudulent.

(2) To conceal the defects of or make appear more attractive, interesting, valuable etc, usually in an attempt to deceive.

(3) To pretend; simulate; emulate.

(4) To accomplish by trial and error or by improvising:

(5) To trick or deceive.

(6) In jazz music, to improvise (non pejorative).

(7) To play music without reading from a score (usually non pejorative).

(8) Anything made to appear otherwise than it actually is; counterfeit.

(9) A person who fakes; faker.

(10) To lay (a rope) in a coil or series of long loops so as to allow to run freely without fouling or kinking (often followed by down).

(11) Any complete turn of a rope that has been faked down; any of the various ways in which a rope may be faked down.

(12) In German, a male given name.

1350–1400: From the Middle English faken (to coil a rope) of unknown origin.  The nautical adoption fake (one of the windings of a cable or hawser in a coil) was from the Swedish veck (a fold) and probably entered English from exchanges between English and Scandinavian sailors.  The more familiar modern meaning is documented from 1775 as an adjective meaning “to counterfeit”.  It’s attested from 1812 as vagrants' slang meaning “to do for, rob or kill someone” but was also, in an echo of the earlier form, used to mean “shape something”.  It’s thought to have been either (1) a variant of the obsolete feak & feague (to beat), akin to Dutch veeg (a slap) & vegen (to sweep, wipe) or (2), a part of the Lingua Franca via Polari from the Italian facciare (to make or do).

It’s documented from 1851 as a noun (a swindle) and from 1888 was applied to a person (a swindler), but most etymologists assume the oral use was older.  The most likely source is thought to have been feague (to spruce up by artificial means), from the German fegen (polish, sweep) which, in colloquial use was used to mean "to clear out, to plunder".  In English, much of the early slang of thieves is from German or Dutch sources, dating from that great linguistic melting pot, the Thirty Years' War (1618-1648) and until the nineteenth century, was largely un-documented although the fragmentary evidence available does suggest use was constantly shifting.

Fake news (journalism deliberately misleading), although popularized in the 2016 US presidential campaign (and subsequently applied quite incorrectly), was actually first attested in 1894 although, as a device, fake news is probably about as old as news itself.  Faker as an agent noun from faker the verb is from 1846 and the noun fakement (forgery) is from 1811.  To “fake (someone) out” is a description of applied gamesmanship in sport and noted from 1941.  To jazz musicians, “to fake” was merely oral slang for improvising and the “fake book” is attested from 1951.  Interestingly, the adjective "jivey" was sometimes used as a pejorative (phony, fake) unlike "jive" which, in a musical context, was always purely descriptive.

Fake is a noun & verb, faker & fakery are nouns and the verbs (used with object) are faked, faking; the noun plural is fakes.  Synonyms include ersatz, fake, false, imitation, imitative, unreal, counterfeit, fabricated, factitious, spurious, substitute, affected, contrived, feigned, insincere, plastic, synthetic, unnatural, bogus, affected, forged, fraudulent, mock, phony, spurious, deception, forgery, hoax, scam, sham, trick, put on, assumed, fraud, impostor, quack, charlatan, deceiver, substitute, contrived, feigned, insincere, plastic, unnatural

Faux (pronounced foh)

Artificial or imitation.

1676: from the twelfth century French faux (feminine singular fausse, masculine plural faux, feminine plural fausses), from the Old French fals, from the Latin falsus (false), perfect passive participle from fallō (deceive, trick; mistake).  The origin of fallō is uncertain.  It’s thought either from the Proto-Italic falsō, from the primitive Indo-European (s)whzel (to stumble) or from the primitive Indo-European ǵhwel- (to lie, deceive) but etymologists note structural problems with the latter.  A doublet of false.

The word fake almost always carries negative connotations, the idea of something that is not real, an imitation designed to trick someone into thinking it is real or original.  A fake might be a forgery or copy which is (certainly with many digital fakes) indistinguishable from whatever is the real or original thing it imitates, indeed it might even be an improvement but it remains fake.

Lindsay Lohan in faux fur, amfAR gala, New York City, 2013.

Faux has since the 1980s been used in English (with French pronunciation) to describe anything which is imitative without attempting to deceive.  Prior to this, the only frequent use in English was the faux pas (breach of good manners, any act that compromises one's reputation (literally "false step")), noted since the 1670s.  Faux tends not to convey the negative association of fake because it so blatantly an alternative rather than an attempt to deceive, indeed, it can have positive connotations, such as when it’s fur.  Faux fur is now respectable and, among some circles, there’s long been a micro-industry devoted to turning into social pariahs anyone wearing the real thing.  Sometimes, supporters of PETA (People for the Ethical Treatment of Animals) use direct action, the flinging of red paint onto the offending coast or stole a favorite.


Pamela Anderson, mostly real.

People do however seem unforgiving of fake boobs which, even if advertised as fake (which really should make them faux), seem forever doomed to be called fake.  The preferred form seem to be "fake tits". 

Faux also blends well; there are fauxmosexuals & fauxtatoes.  Donald Trump dubbed Elizabeth Warren (b 1949; United States senator (Democrat) for Massachusetts since 2013) Pocahontas because of her claim to Native American ancestry which proved dubious but allies of her predecessor Scott Brown (b 1959; United States senator (Republican) for Massachusetts 2010–2013), referred to her as Fauxcahontas.  That was actually an incorrect use necessitated by the need of rhyme and word formation; technically she was a Fakecahontas but as a word it doesn’t work as well.  People anyway seemed to get the point: as a Native American, she was fake, bogus, phoney.

Christ with the Woman Taken in Adultery by Han van Meegeren (1889–1947) following Vermeer (1632-1675).

In May 1945, immediately after the liberation from Nazi occupation of the Netherlands, the authorities arrested Dutch national Han van Meegeren (1889–1947) and charged him with collaborating with the enemy, a capital crime.  Evidence had emerged that van Meegeren had during World War II sold Vermeer's Christ with the Woman Taken in Adultery to Hermann Göring (1893–1946; prominent Nazi 1922-1945, Reichsmarschall 1940-1945).  His defense was as novel as it was unexpected: He claimed the painting was not a Vermeer but rather a forgery by his own hand, pointing out that as he had traded the fake for over a hundred other Dutch paintings seized earlier by the Reich Marshal and he was thus a national hero rather than a Nazi collaborator.  With a practical demonstration of his skill, added to his admission of having forged five other fake "Vermeers" during the 1930s, as well as two "Pieter de Hoochs" all of which had shown up on European art markets since 1937, he convinced the court and was acquitted but was then, as he expected, charged with forgery for which he received a one year sentence, half the maximum available to the court.  He died in prison of heart failure, brought on by years of drug and alcohol abuse. 

His skills with brush and paint aside, Van Meegeren was able successfully to pass off his 1930s fakes as those of the seventeenth century painter of the Dutch baroque, Johannes Vermeer (1632–1675), because of the four years he spent meticulously testing the techniques by which as a new painting could be made to look centuries old.  The breakthrough was getting the oil-based paints thoroughly to harden, a process which naturally occurs over fifty-odd years.  His solution was to mix the pigments with the synthetic resin Bakelite, instead of oil.  For his canvas, he used a genuine but worthless seventeenth-century painting and removed as much of the picture as possible, scrubbing carefully with pumice and water, taking the utmost care not to lose the network of cracks, the existence of which would play a role in convincing many expert appraisers they were authentic Vermeers.  Once dry, he baked the canvas and rubbed a carefully concocted mix of ink and dust into the edges of the cracks, emulating the dirt which would, over centuries, accumulate.

Guilty as sin: A slimmed-down Hermann Göring in the dock, Nuremberg, 1946.

Modern x-ray techniques and chemical analysis mean such tricks can no longer succeed but, at the time, so convincing were his fakes that no doubts were expressed and the dubious Christ with the Woman Taken in Adultery became Göring's most prized acquisition, quite something given the literally thousands of pieces of art he looted from Europe.  One of the Allied officers who interrogated Göring in Nuremberg prison prior to his trial (1945-1946) recorded that the expression on his face when told "his Vermeer" was a fake suggested that "...for the first time Göring realized there really was evil in this world".  For his crimes, Göring was sentenced to be hanged, a fate he probably believed the forger should have shared.

2013 Mercedes-AMG G 63 6×6.

Aimed at the Middle East market and manufactured between 2013-2015, a run of one-hundred units was planned for the Mercedes-AMG G 63 6×6 and it was advertised on that basis, exclusivity part of the attraction.  Such was the demand that dealers prevailed on behalf of a few influential customers so some additional units were built but not many and within months, used models were selling for well above the US$550,000 (€379,000) list price.  That encouraged imitations and probably not since the DEMAG Sd.Kfz half-tracks of Field Marshal Erwin Rommel's (1891–1944) Africa Corps ranged across Cyrenaica in 1941-1942 has there been a vehicle so suited to the open desert. 

2014 Brabus B63S.

The tuning house Brabus, noted for catering to the small but lucrative market of those who like the AMG cars but think they need more power, released the B63S, its 700 horsepower quite a chunk above the 536 offered by AMG.  Something imitative certainly but nobody calls the B63S a faux or a fake.  Being in some sense a manufacturer lends validity so what Brabus does can be imitative but what ends up as their part-number is not an imitation, let alone a fake.  Real, faux or fake, Greta Thunberg (b 2003) will not be impressed.

2017 Mercedes-AMG G63 6×6 Conversion.

This was said to have been a “conversion” of a 2017 G63 by G Wagon Car Technology GmbH (Austria).  Very well done and said to have been completed with mostly factory part-numbers, most would regard it as a clone, replica or recreation.  Curiously (though perhaps predictably), whether a Mercedes-Benz, Chevrolet, Ford or Ram, the three-axle pickups, although ideal suited to certain tasks in certain non-urban environments, seem usually resident in cities where their sheer size renders them difficult to use.  They have an appeal to those who value the image they believe is projected and in a sense that's a sort of functionality.  In the post-MAGA US, such machines have become personal and political statements.

1938 Mercedes-Benz G4 (W31).

The G63 6x6 may anyway have had its own hint of the imitative.  Although Mercedes-Benz prefers not too much to dwell on the details of its activities between 1933-1945, one of the remarkable vehicles it built during the era was the G4 (W31).  The factory developed three-axle cross-country vehicles for military use during the 1920s but after testing a number of the prototype G1s, the army declined to place an order, finding them too big, too expensive and too heavy for their intended purpose.  Adolf Hitler (1889-1945) however, as drawn to big, impressive machines as he was to huge, representational architecture, ordered them adopted as parade vehicles and the army soon acquired a fleet of the updated G4, used eventually not only on ceremonial occasions but also as staff and command vehicles, two even specially configured, one as a baggage car and the other a mobile communications centre, packed with radio-telephony.

Eventually, between 1934-1939, 57 were built, originally exclusively for the OKW (Oberkommando der Wehrmacht (Armed Forces High Command)) and OKH (Oberkommando des Heeres (Army High Command)) but one was gift from Hitler to Generalissimo Franco (1892-1975; Caudillo of Spain 1939-1975).  The Spanish G4, one of few which still exists, was restored and remains in the royal garage in Madrid.  According to factory records, all were built with 5.0, 5.3 & 5.4 litre straight-eight engines but there is an unverified report of interview with Hitler’s long-time chauffeur, Erich Kempka (1910-1975), suggesting one for the Führer’s exclusive use was built with the 7.7 litre straight-eight used in the 770K Grosser (W07 (1930–1938) & W150 (1938–1943)).  Some of the 770s were supercharged so, if true, it's a tantalizing prospect but the story is widely thought apocryphal, no evidence of such a one-off ever having been sighted.

There are however fake cars and they're considered bogus if represented as a factory original (a modified version of something else).  Even if an exact copy of what the factory did, that’s fake yet exactly the same machine modified in the same way is instead a “clone” a “recreation” or a “replica” if represented as such.  Clone, recreation & replica do imply a exact copy but some leeway does seem to be granted given mechanical exactitude is sometimes simply not possible.  A vehicle which is substantially a replica of something but includes modifications to improve safety, performance or some other aspect of the dynamics is usually styled a “tribute” or restomod (a portmanteau word, the construct being resto(red) + mod(ified)).  The improvements can be transformative and, in certain cases, increase value but in others, might actually detract.  Whether a clone, a replica or a tribute, if what’s being referenced is something rare and desirable, the difference in value can be a factor of more than fifty times.  Originality can trump all.

1962 Ferrari 250 GTO recreation by Tempero of New Zealand.

As an extreme example there is the Ferrari 250 GTO, of which it’s usually accepted 36 were built although there were actually 41 (2 x (1961) prototypes; 32 x (1962–63) Series I 250 GTO; 3 x (1962–1963) “330 GTO”; 1 x (1963) 250 GTO with LM Berlinetta-style body & 3 x (1964) Series II 250 GTO).  The GTOs in the hands of collectors command extraordinary prices, chassis 4153GT in June 2018 realizing US$70 million in a private sale whereas an immaculately crafted replica of a 1962 version by Tempero (New Zealand) was listed for sale at US$1.3 million (no NFT required).  The Tempero cars are acknowledged to be better built than any original GTO although that is damning with faint praise, those who restore pre-modern Ferraris wryly noting that while the drive-trains were built with exquisite care, the assembly of the coachwork could be shoddy indeed.  Indeed, when the head of one restoration company was asked if a vintage Ferrari exactly could be replicated the answer was it was doubtful: "...because none of our staff can weld that badly.",   Even less exalted machinery, though actually more rare still, like the 1971 Plymouth Hemi Cuda convertible (only 12 of which were built) also illustrate the difference for there are now considerably more clones / replicas / recreations etc than ever there were originals and the price difference is typically a factor of ten or more.

Ferrari GTO production numbers 1961-1964.

Tuesday, August 18, 2020

Covet

Covet (pronounced kuhv-it)

(1) Wrongfully or inordinately to desire, or without due regard for the rights of others:

(2) To wish for, especially eagerly.

Mid 1200s: From the Middle English coveiten (to desire or wish for inordinately or without regard for the rights of others) from the Old French coveitier (desire, lust after) (from which Modern French gained convoiter), thought ultimately derived from Latin cupiditā and cupiditas (passionate desire, eagerness, ambition).  The Latin root was cupidus (very desirous) from cupere (long for or desire).  From this comes also the familiar cupid; The Vulgar Latin was cupidiētāre, a verbal derivative of cupidiētās.  Related forms are covetable (adjective), coveter (noun), covetingly (adverb), uncoveted (adjective), uncoveting (adjective), covetable (adjective) and coveter (noun).  From the mid-fourteenth century, it began to be used without the negative connotations, simply a neutral "desire or wish for eagerly; desire to obtain or possess".

Thought crime

Thou shalt not covet is one of the Biblical Ten Commandments (or Decalogue), regarded by most scholars as moral imperatives.  Both Exodus and Deuteronomy describe the commandments as having been spoken by God, inscribed on two stone tablets by the finger of God, and, after Moses shattered the originals, rewritten by God on others.

Thou shalt not covet thy neighbor’s house. Thou shalt not covet thy neighbor’s wife, or his male or female servant, his ass, or anything that belongs to thy neighbor.

Thy neighbor's ass.

It differs from the other nine in that while they’re concerned with the actions of sinners, the prohibition on being a coveter is about a sinner's thoughts and thus, an early description of thoughtcrime (a word coined by George Orwell (1903-1950) for his dystopian 1949 novel Nineteen Eighty-Four).  Indeed Matthew (5:21-21, 27-28) anticipates Orwell in saying that it’s not enough merely to obey the commandment “thou shalt not commit adultery because “…anyone who looks upon a woman with lust has already committed adultery in his heart.”  Jimmy Carter (1924-2024; US President 1977-1981) quoted this in his Playboy interview, a statement of presidential probity neither shared nor always adhered to by all his successors and predecessors.  In that context, it should be remembered there's an (unwritten) eleventh commandment: "Thou shall not get caught."

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.