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

Sunday, April 23, 2023

Ambiguous

Ambiguous (pronounced am-big-yoo-uhs)

(1) Open to or having several possible meanings or interpretations; equivocal.

(2) In linguistics, of an expression exhibiting constructional homonymity; having two or more structural descriptions.

(3) Of doubtful or uncertain nature; difficult to comprehend, distinguish, or classify.

1528: From the late Middle English ambiguous (of doubtful or uncertain nature, open to various interpretations) Latin ambiguus (moving from side to side, of doubtful or uncertain nature, open to various interpretations), from ambigere (to dispute about (figuratively "to hesitate, waver; be in doubt" and literally “to wander; go about; go around”) the present active infinitive of ambigō from ambi (around) + agō or agere (I drive, move).  The first known citation in English is in the writings of Sir Thomas More (1478-1535) in 1528 but most scholars maintain the noun ambiguity had been in use since circa 1400 in the sense of "uncertainty, doubt, indecision, hesitation", from the Old French ambiguite and directly from Latin ambiguitatem (nominative ambiguitas) (double meaning, equivocalness, double sense), the noun of state from ambiguus (having double meaning, doubtful),  The meaning "obscurity in description" emerged in the early fifteenth century.  The adjective unambiguous dated from the 1630s while the noun disambiguation (removal of ambiguity) is documented since 1827.  Ambiguous is an adjective, ambiguate is a verb and ambiguity, ambiguation & ambiguousness are nouns; the most common noun plural is ambiguities. 

Structural ambiguity, syntactic ambiguity & lexical ambiguity

One of the core concepts in structural linguistics is that the meaning of many combination or words (ie a compound, sentence or phrase) is derived not merely from the meanings of the individual words but also from the way in which they’re combined.  It’s a simple idea which academics have managed to make sound complex, calling the process “compositionality” (that meaning is a construct of word meanings plus morphosyntactic structures).  So, because a structure can contribute to meaning, it follows that changing the order of the words can lead to a different meaning even if the same words are used.  When a word, phrase, or sentence has more than one meaning, it is ambiguous and “ambiguous” has a specific meaning in structural linguistics because it doesn’t mean simply that a meaning is vague or unclear: It means two or more distinct meanings are available and this is called structural ambiguity or syntactic ambiguity (as distinct from when a word has more than one distinct meaning which is known as lexical ambiguity.  Sometimes, the intended meaning can be unclear but often context can be used to assist the deconstruction.  When in December 2017, several news outlets reported, “Lindsay Lohan bitten by snake on holiday in Thailand”, few actually believed serpents take holidays and assumed instead grammatical standards had fallen since sub-editors went extinct.

China, the renegade province of Taiwan and strategic ambiguity

Taiwan (aka Formosa) is an island off the coast of China which separated, politically, from the mainland in 1949.  The Chinese government regards Taiwan as “a renegade province”; the island’s administration maintains a position of structural autonomy without actually declaring independence.  Since 1950, the US has maintained a security guarantee for the de facto independence of Taiwan which has been sometimes explicit, sometimes vague, the latter paradigm known as a policy of strategic ambiguity.

The origins of the guarantee lie in the Korean War.  In 1950, Dean Acheson (1893–1971; US secretary of state 1949-1953) delineated the US security perimeter in Asia and included neither Taiwan nor South Korea.  Chinese leader Chairman Mao (Mao Zedong 1893–1976; chairman of the Chinese Communist Party (CCP) 1949-1976) and Kim Il-sung (Kim I, 1912–1994; Great Leader of DPRK (North Korea) 1948-1994), in an interpretation endorsed by their senior partner, Comrade Stalin (1878-1953; Soviet leader 1924-1953), concluded Washington would not defend either country.  The DPRK acted first, invading South Korea in June 1950 which shocked the US into assembling a military response under the flag of the UN and, fearing further Communist incursions in Asia, sent the Seventh Fleet to deter any attempt by Peking to invade Taiwan.

In 1954, China probed US policy by shelling some Taiwanese islands in what came to be known as the First Taiwan Strait Crisis; the US responded by entering into defense treaties with both Taiwan and South Korea.  The probing continued, notably with the second crisis in 1958 and in the 1960 presidential campaign, both candidates, Richard Nixon (1913-1994; US president 1969-1974) and John Kennedy (JFK, 1917–1963; US president 1961-1963), pledged to defend Taiwan against Chinese aggression.  During the 1960s, in a kind of military choreography, US-China standoffs continued.  By 1972, things had changed.  The US sought China’s assistance, both to extricate themselves from the quagmire of the Vietnam War and to become something of a strategic partner against the USSR, Peking having long split from Moscow.  In a communique issued from Shanghai, Washington affirmed Peking’s “one China” principle that Taiwan is part of China saying it was a matter for China and Taiwan to work out the relationship peacefully. 

The nine dash line.

Despite that, the US-Taiwan Treaty remained but it needed now to be viewed in the context of Richard Nixon's Guam Doctrine, issued in 1969, in which the president noted "…the US would assist in the defense… of allies and friends" but would not "undertake all the defense of the free nations of the world."  For Taiwan, and presumably everyone else, strategic ambiguity thus began.  Seven years after the Shanghai statement, later, the Carter administration recognized the People’s Republic of China (PRC, the old Red China), severed formal diplomatic relations with Taiwan and terminated the treaty.  Strategic ambiguity has shrouded Washington’s position on Taiwan ever since.  US presidents have on occasion suggested both something more robust and something less so it appears to remain the position that the US might defend Taiwan were China to invade but it might not.  It would depend on the circumstances.  For seventy-odd years, the US position has been enough to deter China from exercising the military option to restore the renegade province to the motherland but a multi-dimensional chess game will play-out over the next decade in the South China Sea.

Tuesday, January 5, 2021

Cryptic

Cryptic (pronounced krip-tik)

(1) Deliberately mysterious in meaning; puzzling.

(2) A message which is abrupt; terse; short, ambiguous, obscure (ie the effect rather than the intent).

(3) Of things secret; the occult.

(4) Involving use of a code or cipher etc (the stuff of cryptography).

(5) In zoology, fitted for concealing; serving to camouflage (applied especially to the coloring or shape of animals); living in a cavity or small cave (also as cryptozoic).

(6) In cruciverbalism (the compilation of crosswords), the puzzle, or a clue in such a puzzle, using, in addition to definitions, wordplay such as anagrams, homophones and hidden words to indicate solutions (the “cryptic crossword” usually distinguished from the “standard”, “basic” or “simple”.

(7) In biology, apparently identical, but actually genetically distinct.

(7) In biology, as “cryptic ovulation”, a phenomenon noted in certain species where the female shows no perceptible signals indicating a state of fertility (also as “concealed ovulation”).

1595-1605: From the Late Latin crypticus, from the Ancient Greek κρυπτικός (kruptikós) (fit from concealing), from κρυπτός (kruptós) (hidden), from κρύπτω (krúptō) (to hide).  The construct was crypt + -ic.  Crypt was from the Latin crypta (vault), again from the Ancient Greek κρυπτός (kruptós) (hidden).  The suffix -ic was from the Middle English -ik, from the Old French -ique, from the Latin -icus, from the primitive Indo-European -kos & -os, formed with the i-stem suffix -i- and the adjectival suffix -kos & -os.  The form existed also in the Ancient Greek as -ικός (-ikós), in Sanskrit as -इक (-ika) and the Old Church Slavonic as -ъкъ (-ŭkŭ); A doublet of -y.  In European languages, adding -kos to noun stems carried the meaning "characteristic of, like, typical, pertaining to" while on adjectival stems it acted emphatically; in English it's always been used to form adjectives from nouns with the meaning “of or pertaining to”.  A precise technical use exists in physical chemistry where it's used to denote certain chemical compounds in which a specified chemical element has a higher oxidation number than in the equivalent compound whose name ends in the suffix -ous; (eg sulphuric acid (H₂SO₄) has more oxygen atoms per molecule than sulphurous acid (H₂SO₃).  The alternative spelling cryptick is obsolete.  Cryptic is a noun and adjective, cryptical is an adjective and cryptically an adverb; the noun plural is cryptics.

Cryptic’s synonyms can include ambiguous, arcane, enigmatic, equivocal, incomprehensible, mysterious, strange, vague, veiled, abstruse, apocryphal, cabalistic, dark, esoteric, evasive, hidden, inexplicable, murky, mystic, mystical & perplexing.  However, it’s often necessary to distinguish between that thought deliberately obscure in meaning and messages either badly written or too brief for the meaning to be clear.  The familiar modern meaning “mysterious or enigmatic” is surprisingly modern, emerging only in the 1920s.  The noun cryptography (the art & science of writing in secret characters) sates from the 1650s and was either from the French cryptographie or directly from the Modern Latin cryptographia, the construct being the Ancient Greek κρυπτός (kruptós) (hidden) + graphia (of or relating to writing), the practitioner or code-breaker (the latter sense now more common and known also as crypto-analysts) being a cryptographer, the discipline cryptography (or cryptoanalytics) and the adjectival form the cryptographic.

Novelty birthday card on the theme of Freaky Friday (2003).

In English, the Ancient Greek κρυπτός (kruptós) (hidden) proved productive.  A cryptogram can be just about any form of puzzle although as a commercial name (sometimes as crypto-gram) it has been used (on the model of telegram a la the strippergram, gorillagram, kissogram etc).  The idea of cryptocurrency gained the name from (1) the use of cryptography when storing the underlying data in the blockchain (a big-machine distributed database) and (2) the notion of the blockchain as a secure crypt (vault).  In biology, cryptobiosis is a state of life in which all metabolic activity is temporarily halted (a cryptobiont any organism capable of cryptobiosis).  In critical political discourse, crypto- was used (crypto-communist, crypto-Nazi, crypto-fascist etc) to label someone as something they were attempting to conceal.  In medicine, the unfortunate condition cryptorchism (the plural (where required) cryptorchisms) was the failure of one or both testes to descend into the scrotum.  In geology, a cryptoclastic rock is one composed of minute or microscopic fragments.

Pope Benedict XVI with Cardinal George Pell (1941-2023), Australia 2008. 

In his theological writings Pope Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) could be cryptic but when speaking to his flock of 1.3 billion-odd, his thoughts were expressed usually in simple language, his meaning clear.  Not all pontiffs have managed this so Benedict’s pontificate of plain-speaking was welcome, even if his messages didn’t please all.  Even so however, he never manage to issue anything with the raw honesty Pope Adrian VI (1459–1523; pope 1522-1523) showed in the instructions he gave to his nuncio, Francesco Chieregati (1479-1539) his representative at the Diet of Nuremberg, a gathering of the princes of the Holy Roman Empire convened in 1552.  Adrian’s words, a statement of repentance unique in the Church’s history was an admission of the need to reform the corrupted institution which instructed Chieregati to make clear:

“…we frankly confess that God permits this persecution to afflict His Church because of the sins of men, especially of the priests and prelates of the Church. For certainly the hand of the Lord has not been shortened so that He cannot save, but sins separate us from Him and hide His face from us so that He does not hear. Scripture proclaims that the sins of the people are a consequence of the sins of the priests, and therefore (as Chrysostom says) our Savior, about to cure the ailing city of Jerusalem, first entered the Temple to chastise first the sins of the priests, like the good doctor who cures a sickness at its source.

We know that for many years many abominable things have occurred in this Holy See, abuses in spiritual matters, transgressions of the commandments, and finally in everything a change for the worse (et omnia denique in perversum mutata). No wonder that the illness has spread from the head to the members, from the Supreme Pontiffs to the prelates below them. All of us (that is, prelates and clergy), each one of us, have strayed from our paths; nor for a long time has anyone done good; no, not even one.

Therefore, we must all give glory only to God and humble our souls before Him, and each one of us must consider how he has fallen and judge himself, rather than await the judgment of God with the rod of His anger. As far as we are concerned, therefore, you will promise that we will expend every effort to reform first this Curia, whence perhaps all this evil has come, so that, as corruption spread from that place to every lower place, the good health and reformation of all may also issue forth.

We consider ourselves all the more bound to attend to this, the more we perceive the entire world longing for such a reformation. (As we believe others have said to you) we never sought to gain this papal office. Indeed we preferred, so far as we could, to lead a private life and serve God in holy solitude, and we would have certainly declined this papacy except that the fear of God, the uncorrupt manner of our election, and the dread of impending schism because of our refusal forced us to accept it. Therefore we submitted to the supreme dignity not from a lust for power, nor for the enrichment of our relatives, but out of obedience to the divine will, in order to reform His deformed bride, the Catholic Church, to aid the oppressed, to encourage and honor learned and virtuous men who for so long have been disregarded, and finally to do everything else a good pope and a legitimate successor of blessed Peter should do.

Yet no man should be surprised if he does not see all errors and abuses immediately corrected by us. For the sickness is of too long standing, nor is it a single disease, but varied and complex. We must advance gradually to its cure and first attend to the more serious and more dangerous ills, lest in a desire to reform everything at the same time we throw everything into confusion. All sudden changes (says Aristotle) are dangerous to the state. He who scrubs too much draws blood.

We know how prejudicial it has been to the honor of God and the salvation and edification of souls that ecclesiastical benefices, especially those involving the care and direction of souls, for so long have been given to unworthy men.”

Probably plenty of popes could over the centuries have been justified in saying much the same thing but if any were tempted, none did.  Benedict did of course issue the odd statement of apologia for this and that but they bore the mark of a lawyer’s careful vetting to avoid legal troubles rather than a sinner repenting and seeking forgiveness.  Most of the Church’s problems and scandals were of course not of his making and it was unfortunate his time on the throne came when scandals stretching back decades were being exposed because the publicity these attracted meant there was less attention paid to some of Benedict’s genuinely interesting thoughts on the state of Western Civilization.  Unfortunately, there were occasions on which he should perhaps have been rather more cryptic when discussing these matters, such as the famous address delivered at the University of Regensburg in 2006, entitled Faith, Reason and the University, none of which attracted the attention of the popular press except the one notorious sentence:

Show me just what Muhammad brought that was new and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.”

The comment was originally written in 1391 as an encapsulation of the view of the Manuel II (1350–1425; Byzantine emperor 1391-1425) but the thoughts were not new to Benedict and nor was its expression but what one says as an academic theologian is less scrutinized than when it comes from the vicar of Christ on earth.  That one brief fragment from the lecture overshadowed what was a thoughtful warning to Western civilization about its internal threats and contradictions, specifically the retreat from reason in moral and political life.  Among academics, the similarity of Benedict’s ideas to those of the German philosopher Leo Strauss (1899-1973) seemed striking and poignant too, the pope among the last of then generation of Germans who, like Strauss, had seen Nazism, probably the most evil of the totalitarianism which was such a feature of the twentieth century.  In their time, Strauss and Benedict both knew the West was facing a crisis, something identified by the philosopher as the very modern culture which had lost “its faith in reason’s ability to validate its highest aims”, understood as the view that notions of right and wrong are historically variable, changing as intellectual fashions shifted.  The pope knew this as moral relativism and understood that a “crisis of political reason… is a crisis of politics as such” which has relegated moral and political knowledge to the realm of radical subjectivity.

As a historical decline, Benedict traced the retreat from the Reformation, through the liberal theology of the last two-hundred years to the latter-day descent of Christendom to cultural relativism.  That didn’t mean the pope wished to undo the Enlightenment, it was rather that scientific positivism should run in parallel with moral certainty.  It might have been better, certainly for the quality of the press coverage, if Benedict had adhered a little more to one of Strauss’ techniques of didacticism: cultured crypticism.  Strauss held that Friedrich Nietzsche (1844–1900) was no proto-Nazi but had written in such an accessible manner that it was simply for the Nazis to twist and appropriate his words for their purposes.  Strauss therefore sought to be more elusive, not wishing to be another misused German philosopher, his words were sometimes cryptic, the meaning able to be unlocked only by the few who had long been immersed.  Benedict too might have been well advised on occasion to remain a little more obscure because he had many interesting things to say which could have been plainly spoken.

Benedict XVI lying in state.

The mortal remains of Pope Emeritus Benedict XVI were moved early in the morning on Monday 2 January 2023, from his former residence in the Vatican's Mater Eccle.  The archpriest of the basilica, Cardinal Mauro Gambetti, received the remains with a liturgical act that lasted about 30 minutes.

Pope Francis conducting the Solemn Requiem Mass.  It's the first time a pope has presided over the funeral of his predecessor since Pius VII (in somewhat different circumstances) attended the funeral of Pius VI in 1802.

A Solemn Requiem Mass was conducted in St Peter’s Square on Thursday 5 January, presided over by Pope Francis.  The readings for the Mass were Isaiah 29:16–19 in Spanish; Psalm 23 sung in Latin; 1 Peter 1: 3–9 in English, and the Gospel of Luke 23: 39–46 read in Italian.  At the conclusion of the service, the coffin was carried to his place of burial in the crypt of St. Peter’s Basilica, accompanied by the choir singing the Magnificat in Latin.

Sunday, March 12, 2023

Rorschach

Rorschach (pronounced raw-shack)

(1) A canton and town in Switzerland.

(2) A personality test using ink-blots

1927: The ink-blot based personality analysis was first published in codified form in 1927, the genesis of which was a 1921 paper by Swiss psychiatrist Hermann Rorschach (1885-1922).  Rorschach (Wahlkreis) is a constituency of the canton of Saint Gallen, Switzerland and Rorschach is its largest town.  The town lies on the Swiss side of Lake Constance, the construct of the name an early form of the German Röhr (reeds) + Schachen (lakeside).

The Rorschach test was for some time a standard clinical diagnostic tool in psychology & psychiatry.  It was a collection of ten “ink blots”, five rendered in grey scale, two in grey & red and three in color, all printed on separate cards and presented to the subjects who were asked (1) What might this mean? & (2) What parts of the card made you say that?  The usual protocol was to provide a pencil and have the subject write their responses in the space underneath the image although, depending on the circumstances, a clinician might engage with the subject and obtain more of their thoughts or the tests could immediately be taken for analysis.  Fond of jargon, the profession even took the opportunity to coin a word to describe specific responses, a subject thought to be especially demonstrative in their response to a Rorschach ink blot said to be exhibiting "extratensive" tendencies.  As an adjective it was thus a synonym of "extroverted" and is occasionally seen outside of psychology where it probably adds little but confusion.  It served also as a noun, the relevant subjects being labelled "extratensives".

Lindsay Lohan in Rorschach Ink-Blot Test inspired gold beaded cocktail dress at the Source Code premiere, Crosby Street Hotel, New York City, March 2011.  The dress was paired with black patent ankle strap platform pumps shoes and matching opaque tights.

The idea of using indeterminate and ambiguous shapes as a way of assessing an individual's personality had been around for centuries before Dr Rorschach began his research and in the nineteenth century there were even popular parlor games which used the idea although they were designed to amuse rather than analyze.  What made Dr Rorschach’s work different was the sheer quantity of the data with with he worked, his research encompassing some 300 patients in mental institutions (with a control group of 100 “normal” subjects) to whom to he exposed over 400 ink-blots before selecting the ten which had proved to be of the greatest diagnostic utility.  Although the method was not greatly different from the games, the Rorschach test was genuinely scientific in its design and the systematic approach linking impressionistic responses to ambiguous shapes, this producing evidence of certain tendencies.  Within the still embryonic psychiatric profession, his approach was thought novel and initially received little support.  His book (a 174-page monograph Psychodiagnostik (Psychodiagnostics)), when eventually published in 1921 contained the structure of the ink-blot tests and the results of the 300 patient survey yet it attracted more interest from intrigued literary reviewers than the medical journals and he died little more than a year after its release.  Even the appearance of reviews in the odd literary magazine however did little to stimulate appeal because the book was very much a work by a scientist for other scientists and Dr Rorschach had made no attempt to make his findings accessible to a general audience.  It wasn’t until the work was republished and others began to refine the methodology that others saw potential, especially after professional mathematicians added rigor to the statistical models used to generate the scores from which conclusions were drawn.

However, those who inherited the work also shifted the goal posts.  While Dr Rorschach had always intended the ink-blots to be only a helpful tool in the diagnosis of schizophrenia, such was the expansion of the profession in the inter-war years that many became interested and, by 1938, the test had been adapted and was being promoted as a kind of “personality testing kit”.  It was quite a departure from Dr Rorschach’s original vision which had been designed deliberately to maintain some ambiguity in the images, his belief that the diagnosis of schizophrenia lay in the margins between the possible responses whereas when used as a personality testing tool, the answers took on the character of a parameter which, when collectively assessed with the provided statistical tool, placed patients in categories.

The Rorschach cards

The test in that form proved highly successful, its proliferation assisted by the demands of wartime and the military’s need for psychological testing, the Rorschach kit easily produced, more popular with subjects than many other methods and, as a piece of mathematics, able easily to be collated into the big data sets electronic machines were beginning to make possible.  It had that those qualities the military so adore: Speed, standardization and simplicity.  It was therefore by the mid 1940s a standard part of psychological testing, used in everything from job applications to assessing an inmate’s eligibility for parole so it was perhaps inevitable it would be applied to the defendants in the Nuremberg trial (1945-1946).  Even before the International Military Tribunal (IMT; which would conduct the trial) assembled, the authorities in charge of the Nazis in custody insisted on psychiatrists and psychologists being available as soon as the prisoners had been assembled.  There were a number of reasons for this, notably that they wanted to ensure the prisoners had the support necessary to dissuade them from attempting suicide and there was the need also to ensure all were mentally competent to stand trial.  Additionally, there was genuine curiosity about the Nazis because never had there been such an opportunity to subject to tests two-dozen odd who were responsible for what was becoming clear were the greatest crimes in history.  The question then, as now was: Are “normal ordinary people” able to be drawn to commit evil acts or are some people evil.

The Rorschach tests were of course only one of the tools the clinicians assigned to Nuremberg used and the conclusion drawn was that all defendants were sane in the sense they were legally sane and thus mentally competent to stand trial even if they were depressed psychopaths (that seemed to be the most common phrase).  Quite what part the tests played in this isn’t clear but the test results themselves assumed a life independent of the trial because of a dispute between the two clinicians most involved in the testing and it wasn’t until the 1990s they were (almost) all published.  This psychological time capsule proved irresistibly tempting for one of the US’s foremost Rorschach experts who over the years had assembled records which could be used as an extraordinarily diverse control group which included (in the hundreds) medical students, Unitarian ministers, psychology students, criminals, business executives and random patients from private practice.  From this were selected the clerics and psychiatric outpatients, the purpose of a comparison with the Nuremberg Nazis being a critique of a recently published analysis of the test results which had concluded the defendants (as individuals and a representatives of the whole Nazi hierarchy) were “cursed beyond redemption” and thus profoundly of “the other”.  Their work was not entirely conventional by accepted scientific standards and they tacitly acknowledged some of the long acknowledged limitations of the test but never wavered from their finding “…the Nazis were not psychologically normal or healthy individuals”.

Defendants in the dock, Palace of Justice, Nuremberg, 1945-1946.

That was as controversial a view in the 1990s as it had been fifty years earlier and if a blind test could not distinguish of the Nazi’s data from the two control groups, at least some doubt would be cast.  Accordingly, ten Rorschach experts were assembled and asked to assemble them into three groups.  All that did was identify the high, medium and low-functioning of each group but there was nothing in them which separated the Nazis.  That was interesting but what was probably definitive was that even when told the nature of the data, the experts were unable to discern any difference between the responses which would enable the Nazis to be identified.  Perhaps sadly, the Nazis may have been as ordinary as they appeared in the dock, the implication being we're all capable of evil, given the right temptation, a nod to an earlier memorable phrase spoken of them: "The banality of evil".  

As that might indicate, like many tests in psychology, the Rorschach is probably useful if its limitations are recognized and the interpretations thought valid decades ago are no longer treated as proven science.  For example there may be something which can be deduced from a subject assessing the whole image in their response which is different for one who picks just a section or who finds something different in different parts but whether there’s anything substantive in the difference between seeing moth and a butterfly may be dubious.  The test is still widely used although many have abandoned it though it’s famously a cult in Japan where it’s one of the profession’s standard tools.  Elsewhere use is mixed.  Interestingly, while the fourth edition of the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM-IV (1994) did not endorse or recommend the use of any particular projective test, it did note many were used in clinical practice but cautioned that the validity and reliability of these tests had not been firmly established, urging caution.  Neither the DSM-5 (2013) nor DSM-5-TR (2022) make any reference to the Rorschach test.

Saturday, November 16, 2024

Parole

Parole (pronounced puh-rohl or pa-rawl (French))

(1) In penology, the (supervised) conditional release of an inmate from prison prior to the end of the maximum sentence imposed.

(2) Such a release or its duration.

(3) An official document authorizing such a release (archaic except as a modifier).

(4) In military use, the promise (usually in the form of a written certificate) of a prisoner of war, that if released they either will return to custody at a specified time or will not again take up arms against their captors.

(5) Any password given by authorized personnel in passing by a guard (archaic but still used in video gaming).

(6) In military use, a watchword or code phrase; a password given only to officers, distinguished from the countersign, given to all guards (archaic but still used in video gaming).

(7) A word of honor given or pledged (archaic).

(8) In US immigration legislation, the temporary admission of non-U.S. citizens into the US for emergency reasons or on grounds considered in the public interest, as authorized by and at the discretion of the attorney general.

(9) In structural linguistics, language as manifested in the individual speech acts of particular speakers (ie language in use, as opposed to language as a system).

(10) To place or release on parole.

(11) To admit a non-US citizen into the US as provided for in the parole clauses in statute.

(12) Of or relating to parole or parolees:

(13) A parole record (technical use only).

1610–1620: From the Middle French parole (word, formal promise) (short for parole d'honneur (word of honor)), from the Old French parole, from the Late Latin parabola (speech), from the Classical Latin parabola (comparison), from the Ancient Greek παραβολή (parabol) (a comparison; parable (literally “a throwing beside”, hence “a juxtaposition").  The verb was derived from the noun an appeared early in the eighteenth century; originally, it described “what the prisoner did” (in the sense of a “pledge”) but this sense has long been obsolete.  The transitive meaning “put on parole, allow to go at liberty on parole” was in use by the early 1780s while the use to refer to “release (a prisoner) on his own recognizance” doesn’t appear for another century.  The adoption in English was by the military in the sense of a “word of honor” specifically that given by a prisoner of war not to escape if allowed to go about at liberty, or not to take up arms again if allowed to return home while the familiar modern sense of “a (supervised) conditional release of a inmate before their full term is served” was a part of criminal slang by at least 1910.  An earlier term for a similar thing was ticket of leave.  In law-related use, parol is the (now rare) alternative spelling.  Parole is a noun & verb, parolee is a noun, paroled & paroling are verbs and parolable, unparolable, unparoled & reparoled are adjectives (hyphenated use is common); the noun plural is paroles.

A parole board (or parole authority, parole panel etc) is panel of people who decide whether a prisoner should be released on parole and if released, the parolee is placed for a period under the supervision of a parole officer (a law enforcement officer who supervises offenders who have been released from incarceration and, often, recommends sentencing in courts of law).  In some jurisdictions the appointment is styled as “probation officer”.  The archaic military slang pass-parole was an un-adapted borrowing from French passe-parole (password) and described an order passed from the front to the rear by word of mouth. Still sometimes used in diplomatic circles, the noun porte-parole (plural porte-paroles) describes “a spokesperson, one who speaks on another's behalf” and was an un-adapted borrowing from mid sixteenth century French porte-parole, from the Middle French porteparolle.

The Parole Evidence Rule

In common law systems, the parol evidence rule is a legal principle in contract law which restricts the use of extrinsic (outside) evidence to interpret or alter the terms of a written contract.  The operation of the parol evidence rule means that if two or more parties enter into a written agreement intended to be a complete and final expression of their terms, any prior or contemporaneous oral or written statements that contradict or modify the terms of that written agreement cannot be used in court to challenge the contract’s provisions.  The rule applies only to properly constructed written contracts which can be regarded as “final and complete written agreements” and the general purpose is to protect the integrity of the document.  Where a contract is not “held to be final and complete”, parol evidence may be admissible, including cases of fraud, misrepresentation, mistake, illegality or where the written contract is ambiguous.  The most commonly used exceptions are (1) Ambiguity (if a court declares a contract term ambiguous, external evidence may be introduced to to clarify the meaning), (2) Void or voidable contracts (if a contract was entered into under duress or due to fraud or illegality, parol evidence can be used to prove this.  In cases of mistakes, the scope is limited but it can still be possible), (3) Incomplete contracts (if a court determines a written document doesn’t reflect the full agreement between the parties, parol evidence may be introduced to “complete it”, (4) Subsequent agreements (modifications or agreements made after the written contract can generally be proven with parol evidence although in the narrow technical sense such additions may be found to constitute a “collateral contract”.

Parole & probation

Depending on the jurisdiction, “parole” & “probation” can mean much the same thing or things quite distinct, not helped by parolees in some places being supervised by “probation officers” and vice versa.

In the administration of criminal law, “parole” and “probation” are both forms of supervised release but between jurisdictions the terms can either mean the same thing or be applied in different situations.  As a general principle, parole is the conditional release of a prisoner before completing their full sentence and those paroled usually are supervised by a parole officer and must adhere to certain conditions such as regular meetings, drug testing and maintaining employment and certain residential requirements.  The purpose of parole is (1) a supervised reintegration of an inmate into society and (2) a reward for good behavior in prison.  Should a parolee violate the conditions of their release, they can be sent back to prison to serve the remainder of their sentence.  As the word typically is used, probation is a court-ordered period of supervision in the community instead of, or in addition to, a prison sentence.  A term of probation often imposed at sentencing, either as an alternative to incarceration or as a portion of the sentence after release.  Like parolees, individuals on probation are monitored, often by a probation officer (although they may be styled a “parole officer”) and are expected to follow specific conditions.  Probation is in many cases the preferred sentencing option for first offenders, those convicted of less serious offences and those for whom a custodial sentence (with all its implications) would probably be counter-productive.  It has the advantage also of reducing overcrowding in prisons and is certainly cheaper for the state than incarceration.  Those who violate the terms of their probation face consequences such as an extended probation or being sent to jail.  The word “parole” in this context was very much a thing of US English until the post-war years when it spread first to the UK and later elsewhere in the English-speaking world.

Langue & parole

In structural linguistics, the terms “langue” & “parole” were introduced by the groundbreaking Swiss semiotician Ferdinand de Saussure (1857-1913) and remain two of the fundamental concepts in the framework of structuralism and are treated as important building blocks in what subsequently was developed as the science of human speech.  Within the profession, “langue” & “parole” continue to be regarded as “French words” because the sense in that language better describes things than the English translations (“language” & “speech” respectively) which are “approximate but inadequate”.  Langue denotes the system (or totality) of language shared by the “collective consciousness” so it encompasses all elements of a language as well as the rules & conventions for their combination (grammar, spelling, syntax etc).  Parole is the use individuals make of the resources of language, which the system produces and combines in speech, writing or other means of transmission.  As de Saussure explained it, the conjunction and interaction of the two create an “antinomy of the social and shared”, a further antinomy implied in the idea that langae is abstract and parole is concrete.

The construct of the noun antinomy was a learned borrowing from the Latin antinom(ia) + the English suffix “-y” (used to form abstract nouns denoting a condition, quality, or state).  The Latin antinomia was from the Ancient Greek ντινομία (antinomía), the construct being ντι- (anti- (the prefix meaning “against”), ultimately from the primitive Indo-European hent- (face; forehead; front)) + νόμος (nómos) (custom, usage; law, ordinance) from  νέμω (némō) (to deal out, dispense, distribute), from the primitive Indo-European nem- (to distribute; to give; to take))  + -́ (-íā) (the suffix forming feminine abstract nouns).  The English word is best understood as anti- (in the sense of “against”) + -nomy (the suffix indicating a system of laws, rules, or knowledge about a body of a particular field).  In law, it was once used to describe “a contradiction within a law, or between different laws or a contradiction between authorities” (a now archaic use) but by extension it has come to be used in philosophy, political science and linguistics to describe “any contradiction or paradox”.  A sophisticated deconstruction of the concept was provided by the German German philosopher Immanuel Kant (1724–1804) who in Kritik der reinen Vernunft (Critique of Pure Reason (1781)) explained that apparent contradictions between valid conclusions (a paradox) could be resolved once it was understood the two positions came from distinct and exclusive sets, meaning no paradox existed, the perception of one merely the inappropriate application of an idea from one set to another.

So langue is what people use when thinking and conceptualizing (abstract) while parole what they use in speaking or writing (concrete), Saussure’s evaluative distinction explained as “The proper object of linguistic study is the system which underlies any particular human signifying human practice, not the individual utterance.” and the implication of that was that langue is of more importance than parole.  In the English-speaking world, it was the work of US Professor Noam Chomsky (b 1928) which made the concept of langue & parole well-known through his use of the more accessible terms “competence” & “performance”.  Chomsky’s latter day role as a public intellectual (though a barely broadcasted one in his home country) commenting on matters such as US foreign policy or the contradictions of capitalism has meant his early career in linguistics is often neglected by those not in the profession (the highly technical nature of the stuff does mean it’s difficult for most to understand) but his early work truly was revolutionary.

Noam Chomsky agitprop by Shepard Fairey (b 1970) on Artsy.

Chomsky used “competence” to refer to a speaker's implicit knowledge of the rules and principles of a language, something which permits them to understand and generate grammatically correct sentences which can be understood by those with a shared competence.  Competence is the idealized, internalized system of linguistic rules that underlies a speaker's ability to produce and comprehend language. It reflects one’s mental grammar, independent of external factors like memory limitations or social context.  Performance refers to the actual use of language IRL (in real life), influenced by psychological and physical factors such as memory, attention, fatigue, and social context.  Performance includes the errors, hesitations, and corrections that occur in everyday speech and Chomsky made the important point these do not of necessity reveal lack of competence.  Indeed, understood as “disfluencies”, (the “ums & ahs” et al) these linguistic phenomenon turned out to be elements it was essential to interpolate into the “natural language” models used to train AI (artificial intelligence) (ro)bots to create genuinely plausible “human analogues”.  Chomsky argued competence should be the primary domain of inquiry for theoretical linguistics and he focused on these abstract, universal principles in his early work which provoked debates which continue to this day.  Performance, subject to errors, variability and influenced by non-linguistic factors, he declared better studied by those in fields like sociolinguistics and psycholinguistics.

Wednesday, December 18, 2024

Consecutive

Consecutive (pronounced kuhn-sek-yuh-tiv)

(1) Following one another in uninterrupted succession or order; successive without interruption.

(2) Marked or characterized by logical sequence (such as chronological, alphabetical or numerical sequence).

(3) In grammar & linguistics, as “consecutive clause”, a linguistic form that implies or describes an event that follows temporally from another (expressing consequence or result).

(4) In musical composition, a sequence of notes or chords which results from repeated shifts in pitch of the same interval (an alternative term for “parallel”).

1605-1615: From the sixteenth century French consécutif, from the Medieval Latin cōnsecūtīvus, from the Latin cōnsecūtus (follow up; having followed), from consequī (to pursue) & cōnsequor (to travel).  The construct was consecut(ion) + -ive.  Consecution dates from the early fifteenth century and by the 1530s was used in the sense of “proceeding in argument from one proposition to another in logical sequence”.  It was from the Middle English consecucioun (attainment), from the Latin consecutionem (nominative consecution), noun of action from the past-participle stem of consequi (to follow after), from an assimilated form of com (in the sense of “with, together”) + sequi (to follow (from the primitive Indo-European root sekw- (to follow).  The meaning “any succession or sequence” emerged by the 1650s.  The Latin cōnsecūtiō (to follow after) was from the past participle of cōnsequor (to follow, result, reach).  The –ive suffix was from the Anglo-Norman -if (feminine -ive), from the Latin -ivus.  Until the fourteenth century, all Middle English loanwords from the Anglo-Norman ended in -if (actif, natif, sensitif, pensif et al) and, under the influence of literary Neolatin, both languages introduced the form -ive.  Those forms that have not been replaced were subsequently changed to end in -y (hasty, from hastif, jolly, from jolif etc).  The antonyms are inconsecutive & unconsecutive but (except in some specialized fields of mathematics) “non-sequential” usually conveys the same meaning.  Like the Latin suffix -io (genitive -ionis), the Latin suffix -ivus is appended to the perfect passive participle to form an adjective of action.  Consecutive is a noun & adjective, consecutiveness is a noun and consecutively is an adverb; the noun plural is consecutives.

In sport, the most celebrated consecutive sequence seems to be things in three and that appears to first to have been institutionalized in cricket where for a bowler to take three wickets with three consecutive deliveries in the same match was first described in 1879 as a “hat trick”.  Because of the rules of cricket, there could be even days between these deliveries because a bowler might take a wicket with the last ball he delivered in the first innings and the first two he sent down in the second.  A hat trick however can happen only within a match; two in one match and one in another, even if consecutive, doesn’t count.  Why the rare feat came to be called “hat trick” isn’t certain, the alternative explanations being (1) an allusion to the magician’s popular stage trick of “pulling three rabbits out of the hat” (there had earlier also been a different trick involving three actions and a hat) or (2) the practice of awarding the successful bowler a hat as a prize; hats in the nineteenth century were an almost essential part of the male wardrobe and thus a welcome gift.  The “hat trick” terminology extended to other sports including rugby (a player scoring three tries in a match), football (soccer) & ice hockey (a player scoring three goals in a match) and motor racing (a driver securing pole position, setting the fastest lap time and winning a race).  It has become common in sport (and even politics (a kind of sport)) to use “hat trick” of anything in an uninterrupted sequence of three (winning championships, winning against the same opponent over three seasons etc) although “threepeat” (the construct being three + (re)peat) has become popular and to mark winning three long-established premium events (not always in the same season) there are “triple crowns).  Rugby’s triple crown is awarded to whichever of the “home countries” (England, Ireland, Scotland & Wales) wins all three matches that season; US Horse racing’s triple crown events are the Kentucky Derby, the Preakness Stakes and the Belmont Stakes.

Graham Hill (1929–1975) in BRM P57 with the famous (but fragile) open-stack exhausts, Monaco Grand Prix, 3 June 1962.  Hill is the only driver to have claimed motor-racing's classic Triple Crown.

The term is widely used in motorsport but the classic version is the earliest and consists of the Indianapolis 500, the 24 Hours of Le Mans and the Formula One (F1) World Drivers' Championship (only one driver ever winning all three) and there’s never been any requirement of “consecutiveness”; indeed, now that F1 drivers now rarely appear in other series while contracted, it’s less to happen.

Donald Trump, a third term and the 22nd Amendment

Steve Bannon (left) and Donald Trump (right).

Although the MAGA (Make America Great Again) team studiously avoided raising the matter during the 2024 presidential election campaign, now Donald Trump (b 1946; US president 2017-2021) is President elect awaiting inauguration, Steve Bannon (b 1957 and a one the most prominent MAGAs) suggested there’s a legal theory (that term may be generous) which could be relevant in allowing him to run again in 2028, by-passing the “two-term limit” in the US Constitution.  Speaking on December 15 at the annual gala dinner of New York’s Young Republican Club’s (the breeding ground of the state’s right-wing fanatics), Mr Bannon tantalized the guests by saying “…maybe we do it again in 28?”, his notion of the possibility a third Trump term based on advice received from Mike Davis (1978, a lawyer who describes himself as Mr Trump’s “viceroy” and was spoken of in some circles as a potential contender for attorney general in a Trump administration).  Although the 22nd Amendment to the constitution states: “No person shall be elected to the office of the President more than twice”, Mr Davis had noted it was at least arguable this applied only to “consecutive” terms so as Mr Bannon confirmed, there was hope.  Warming to the topic, Mr Bannon went on to say :“Donald John Trump is going to raise his hand on the King James Bible and take the oath of office, his third victory and his second term.” (the MAGA orthodoxy being he really “won” the 2020 election which was “stolen” from him by the corrupt “deep state”.

Legal scholars in the US have dismissed the idea the simple, unambiguous phrase in the 22nd amendment could be interpreted in the way Mr Bannon & Mr Davis have suggested.  In the common law world, the classic case in the matter of how words in acts or statutes should be understood by courts is Bank of England v Vagliano Brothers (1891) AC 107, a bills of exchange case, decided by the House of Lords, then the UK’s final court of appeal.  Bank of England v Vagliano Brothers was a landmark case in the laws relating to negotiable instruments but of interest here is the way the Law Lords addressed significant principles regarding the interpretation of words in statutes, the conclusion being the primary goal of statutory interpretation is to ascertain the intention of Parliament as expressed in the statute and that intention must be derived from the language of the statute, interpreted in its natural and ordinary sense, unless the context or subject matter indicates otherwise.  What the judgment did was clarify that a statute may deliberately depart from or modify the common law and courts should not assume a statute is merely a restatement of common law principles unless the statute's language makes this clear.  The leading opinion was written by Lord Herschell (Farrer Herschell, 1837–1899; Lord High Chancellor of Great Britain 1886 & 1892-1895) who held that if the language of the statute is clear and unambiguous, it should be interpreted as it stands, without assuming it is subject to implicit common law principles; only if the language is ambiguous may courts look elsewhere for context and guidance.

So the guiding principle for courts is the words of a statute should be understood with what might be called their “plain, simple meaning” unless they’re not clear and unambiguous.  While the US Supreme Court recently has demonstrated it does not regard itself as bound even its own precedents and certainly not those of a now extinct UK court, few believe even the five most imaginative of the nine judges could somehow construe a constitutional amendment created for the explicit purpose of limiting presidents to two terms could be read down to the extent of “…more than twice…” being devalued to “…more than twice in a row…”.  Still, it was a juicy chunk of bleeding raw meat for Mr Bannon to throw to his hungry audience.

The ratification numbers: Ultimately, the legislatures of 41 of the then 48 states ratified the amendment with only Massachusetts and Oklahoma choosing to reject.  

What the 22nd amendment did was limit the number of times someone could be elected president.  Proposed on 21 March 1947, the ratification process wasn’t completed until 27 February 1951, a time span of time span: 3 years, 343 days which is longer than all but one of the other 26, only the 27th (delaying laws affecting Congressional salary from taking effect until after the next election of representatives) took longer, a remarkable 202 years, 223 days elapsing between the proposal on 25 September 1789 and the conclusion on 7 May 1992; by contrast, the speediest was the 26th which lowered the voting age to 18, its journey absorbed only 100 days between 23 March-1 July 1971.  While not too much should be read into it, it’s of interest the 18th Amendment (prohibiting the manufacturing or sale of alcohol within the US) required 1 year, 29 days (18 December 1917-16 January 1919) whereas the 21st (repealing the 18th) was done in 288 days; proposed on 20 February 1933, the process was completed on 5 December the same year.

The path to the 22nd amendment began when George Washington (1732–1799; first president of the United States, 1789-1797) choose not to seek a third term, his reasons including (1) a commitment to republican principles which required the presidency not be perceived as a life-long or vaguely monarchical position, (2) the importance of a peaceful transition of power to demonstrate the presidency was a temporary public service, not a permanent entitlement and (3) a desire not to see any excessive concentration of power in one individual or office.  Historians have noted Washington’s decision not to seek a third term was a deliberate effort to establish a tradition of limited presidential tenure, reflecting his belief this would safeguard the republic from tyranny and ensure no individual indefinitely could dominate government.

AI (Artificial Intelligence) generated images by Stable Diffusion of Lindsay Lohan and Donald Trump having coffee in the Mar-a-Largo Coffee Shop. 

For more than a century, what Washington did (or declined to do) was regarded as a constitutional convention and no president sought more than two terms.  Theodore Roosevelt (TR, 1858–1919; US president 1901-1909), celebrating his re-election in 1904 appeared to be moved by the moment when, unprompted, he announced: “Under no circumstances will I be a candidate for or accept another nomination” and he stuck to the pledge, arranging for William Howard Taft (1857–1930; president of the United States 1909-1913 & chief justice of the United States 1921-1930) to be his successor, confident he’d continue to pursue a progressive programme.  Taft however proved disappointingly conservative and Roosevelt decided in 1912 to seek a third term.  To critics who quoted at him his earlier pledge, he explained that “…when a man at breakfast declines the third cup of coffee his wife has offered, it doesn’t mean he’ll never in his life have another cup.  Throughout the 1912 campaign, comedians could get an easy laugh out of the line: “Have another cup of coffee”? and to those who objected to his violating Washington’s convention, he replied that what he was doing was “constitutional” which of course it was.

Puck magazine in 1908 (left) and 1912 (right) wasn't about to let Theodore Roosevelt forget what he'd promised in 1904.  The cartoon on the left was an example of accismus (an expression of feigned uninterest in something one actually desires).  Accismus was from the Latin accismus, from Ancient Greek ακκισμός (akkismós) (prudery).  Puck Magazine (1876-1918) was a weekly publication which combined humor with news & political satire; in its use of cartoons and caricatures it was something in the style of today's New Yorker but without quite the same tone of seriousness.

Roosevelt didn’t win the Republican nomination because the party bosses stitched thing up for Taft so he ran instead as a third-party candidate, splitting the GOP vote and thereby delivering the White House to the Democrats but he gained more than a quarter of the vote, out-polling Taft and remains the most successful third-party candidate ever so there was that.  His distant cousin Franklin Delano Roosevelt (FDR, 1882–1945, US president 1933-1945) was the one to prove the convention could be ignored and he gained not only a third term in 1940 but also a fourth in 1944.  FDR was not only a Democrat but also a most subversive one and when Lord Halifax (Edward Wood, 1881–1959; British Ambassador to the United States 1940-1946) arrived in Washington DC to serve as ambassador, he was surprised when one of a group of Republican senators with whom he was having dinner opened proceedings with: “Before you speak, Mr Ambassador, I want you to know that everyone in this room regards Mr Roosevelt as a bigger dictator than Hitler or Mussolini.  We believe he is taking this country to hell as quickly as he can.  As a sentiment, it sounds very much like the discourse of the 2024 campaign.

"The Trump Dynasty has begun" four term coffee mugs (currently unavailable) created for the 2020 presidential campaign. 

The Republicans truly were appalled by Roosevelt’s third and fourth terms and as soon as they gained control of both houses of Congress began the process of adding an amendment to the constitution which would codify in that document the two-term limit Washington had made a convention.  It took longer than usual but the process was completed in 1951 when the 22nd Amendment became part of the constitution and were Mr Trump to want to run again in 2028, it would have to be repealed, no easy task because such a thing requires not only the concurrence of two thirds of both the House of Representatives & Senate but also three quarters of the legislatures of the fifty states.  In other countries where presidential term limits have appeared tiresome to those who have no intention of leaving office the “work-arounds” are usually easier and Mr Trump may cast the odd envious eye overseas.  In Moscow, Mr Putin (Vladimir Vladimirovich Putin; b 1952; president or prime minister of Russia since 1999) solved the problem by deciding he and his prime-minister temporarily should swap jobs (though not authority) while he arranged a referendum to effect the necessary changes to the Russian Constitution.  The point about referendums in Russia was explained by Comrade Stalin (1878-1953; Soviet leader 1924-1953) who observed: “it matters not who votes, what matters is who gets to count the votes.”  Barring accidents or the visitation of the angel of death, Mr Putin is now set to remain as president until at least the mid-2030s.  

Some mutual matters of interest: Donald Trump (left) and Vladimir Putin (right).

There have been many African presidents who have "arranged" for constitutional term limits to be "revised" but the most elegant in the handling of this was Pierre Nkurunziza (1964–2020; president of Burundi 2005-2020) who simply ignored the tiresome clause and announced he would be standing for a third term, tidying up loose ends by having Burundi's Constitutional Court declare the president was acting in accordance with the law.  It would seem the principle of statutory interpretation in Bank of England v Vagliano Brothers wasn't brought before the court (formerly part of the empire of Imperial Germany and later a Belgian-administered territory under a League of Nations mandate, Burundi follows the civil law tradition rather than the common law inheritance from the old British Empire) and shortly before the verdict was handed down, one judge fled into exile, claiming the government had applied "pressure" on the court to deliver a ruling favorable to the president.