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

Tuesday, August 23, 2022

Apparatus

Apparatus (pronounced ap-uh-rat-uhs (U) or ap-uh-rey-tuhs (non-U))

(1) A group or combination of instruments, machinery, tools, materials, etc, having a particular function or intended for a specific use:

(2) Any complex instrument or mechanism for a particular purpose.

(3) Any system or systematic organization of activities, functions, processes, etc, directed toward a specific goal; applied especially to government and state control to describe systems and bureaucratic organizations, especially those influenced by political patronage

(4) In physiology, a group of structurally different organs working together in the performance of a particular function:

1620–1630: From the Middle English apparatus (a collection of tools, utensils, etc. adapted as a means to some end), from the Latin apparātus (tools, implements, equipment, originally the act of equipping, preparation), noun of state from the past participle stem of apparāre.  The construct was apparā(re) (to prepare) (ap- the prefix usually found on verbs (and their derived nouns or adjectives) with the meaning “around” or “about”) + parāre (prepare) + -tus (the suffix of verb action)).  The Latin apparātus was the perfect passive participle of apparō (prepare) from ad- (to, towards, at) + parō (prepare, provide) from the primitive Indo-European root pere- (to produce, procure").

The two noun plurals apparatus & apparatuses are both correct although the invariant plural, maintaining the Latin inflection in English on a loanword basis, is less commonly used.  However, because the word also has a mass noun sense in English and it often appears in such a way that its number (singular or plural) is disguised by absence of any inflectional or lexical signals as to which of these two senses is intended, readers may parse it in either sense.  Usually, this creates only a slight ambiguity which affects meaning not at all and is significant only in technical matters such as complex devices where the distinction between single and multiple machines needs to be clear.

Lindsay Lohan inspecting a specific-purpose apparatus in Labor Pains (2009).

Of and by the structure

French Marxist philosopher Louis Althusser (1918–1990) published his essay Idéologie et appareils idéologiques d'État (Ideology and Ideological State Apparatuses) in 1970.  Fleshing out his earlier theory of ideology, it was a description of the particular form of state superstructure adopted under post-war capitalism to control the social formation required continuously and perpetually to maintain the productive forces (labour and the means of production & distribution).  Essentially an account of how a human being becomes a self-conscious subject, the work analyzed the necessary relationship between state and subject a given economic mode of production might subsist.  It included not only an analysis of the state and its legal and educational systems but also of the psychological relationship which existed between subject and state as ideology.  Althusser held that regimes were able to maintain control by reproducing subjects who believe that their position within the social structure was a natural one, the ideology being one’s function with the apparatus was part of the way the world must function.  The ideology was instantiated by institutions or “ideological state apparatuses” like family, schools and churches which provided developing subject with categories in which they could recognize themselves.

Althusser, in good Marxist tradition, didn’t suggest the imperative was to replace the ideological state apparatuses as a structure but rather that its underlying ideology should be supplanted so that rather than being productive of the bourgeois subject, it became productive of proletarian or communist subjects.  In the half-century since he wrote, there’s been no indication of that happening but the durability of an apparatus can’t easily be predicted on the basis of perception.  When the revolutions of the Arab Spring flared in 2011, it was entirely predictable the state apparatuses in Libya and Egypt would suppress the threat while the weaker, more disparate, Syrian model was vulnerable yet it was Gaddafi and Mubarak who were overthrown while Bashar al-Assad sits still in Damascus.

The idea of the state (corporatist, autocratic, totalitarian or democratic) as an apparatus is neither recent nor controversial and nor is the notion that the mechanism is more typically a number of apparatus which function sometimes in unison, sometimes separately and sometimes in opposition, these occasionally contradictory dynamics able simultaneously to interact.  For those interested in a case study of one famously apparatus-ridden apparatus, Albert Speer's (1905-1981; minister for armaments in the Third Reich 1942-1945) last published work (Infiltration (1981)), although at time turgid and never lively in style, is a valuable account of the actual workings of what was, even in the post-war decades, still often characterized as an efficient administrative unit.  Although some suggested Infiltration was a study of the way the SS (Schutzstaffel (Protection Squadron) which began as the Führer's small personal bodyguard and evolved into a vast economic, industrial and military apparatus more than two million strong) became a kind of "state within a state", while that was the organization's objective (the apparatuses of the Nazi Party, the German state and the SS engaged in a permanent struggle for dominance), the book's alternative title in some markets (The Slave State: Heinrich Himmler's Masterplan for SS Supremacy) is a more accurate precis.  Infiltration is an account of the endless quarrels among contenders for power and rival bureaucracies in the Third Reich, a tale of scheming and plotting, not against the designated national enemy but against one another in the ever shifting battle for for power and influence.  In the wartime UK & US, the prime-minister & president were more effective dictators than ever was the Führer.

Whatever his other gifts (and whether as architect or administrator opinion remains divided), Speer was no great stylist of prose and the reputation his earlier volumes gained for lucidity owe much to the professional journalist who was his editor.  Speer wrote Infiltration unaided unaided and it's no place to start for anyone who wishes to explore the Third Reich but for those familiar with the history, it's an invaluable source and in some aspect, the ultimate cross-reference book.  Certainly, there's never been penned a better portrait of SS leader Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945) and while such a bloodless bureaucrat can never be made to seem anything like a vivid personality, Speer does capture much missed by many.


Trailer of Labor Pains (2009), dubbed in German.

Thursday, March 24, 2022

Monitor

Monitor (pronounced mon-i-ter)

(1) A student appointed to assist in the conduct of a class or school, as to help take attendance or keep order (largely obsolete).

(2) A person appointed to supervise students, applicants, etc., taking an examination, chiefly to prevent cheating; proctor.

(3) A person who admonishes, especially with reference to conduct.

(4) Something that serves to remind or give warning.

(5) A device or arrangement for observing, detecting, or recording the operation of a machine or system, especially an automatic control system.

(6) An instrument for detecting dangerous gases, radiation, etc.

(7) A receiving apparatus used in a control room, especially to provide a steady check of the quality of an audio or video transmission.

(8) A similar apparatus placed in various parts of a studio so that an audience can watch a recorded portion of a show, the performer can see the various segments of a program, etc.

(9) Any such receiving apparatus used in a closed-circuit system, as in an operating room.

(10) The screen component of a computer, especially a free-standing screen.

(11) In early computing, a control program which handled the primitive file-loading, essentially a precursor to operating systems.

(12) A type of armored warship of very low freeboard, having one or more turrets and used for coastal defense (now obsolete).

(13) In architecture, a raised construction straddling the ridge of a roof and having windows or louvers for lighting or ventilating a building, as a factory or warehouse.

(14) An articulated mounting for a nozzle, usually mechanically operated, which permits a stream of water to be played in any desired direction, as in firefighting or hydraulic mining (also called giant).

(15) Any of various large predatory lizards of the genus Varanus and family Varanidae, of Africa, southern Asia, the East Indies, and Australia, fabled to give warning of the presence of crocodiles.

(16)  To listen to or observe something.

(17) In Engineering, a tool holder, as for a lathe, shaped like a low turret, and capable of being revolved on a vertical pivot so as to bring the several tools successively into position.

1540-1550: From the Latin monitor (one who warns) from perfect passive participle monitus (warning) from the verb monēre (to remind, bring to (one's) recollection, tell (of); admonish, advise, warn, instruct, teach) from the primitive Indo-European moneie- (to make think of, remind), source also of the Sanskrit manayati (to honor, respect) and the Old Avestan manaiia- (making think), a suffixed (causative) form of the root men- (to think), source also of the Latin memini (I remember, I am mindful of) & mens (mind).  The notion was "one who or that which warns of faults or informs of duties".

The first use in English was to describe a "senior pupil at a school charged with keeping order" (vaguely analogous with the block kapo in a concentration camp), from the Latin monitor (one who reminds, admonishes, or checks," also "an overseer, instructor, guide, teacher).  The lizard picked up the name in 1826 because of the fable in which it was said to give warnings of Nile crocodiles.  The squat, slow-moving ironclad warship was first used in 1862 during the US Civil War, the name chosen by the inventor, Swedish-born U.S. engineer John Ericsson (1803-1889), because it was meant to "admonish" (in the sense of the senior pupil at a school) the Confederate leaders in the U.S. Civil War.

Use in broadcasting dates from 1924 when it meant "a device to continuously check on the technical quality of a radio transmission signals" and it was borrowed in 1931 during the development of early television broadcasts to describe "a TV screen displaying the picture from a particular camera."  It soon came to mean electronic screens of any type.  The general sense of monitoring stuff emerged in 1944 to describe certain wartime intelligence operations.  Interestingly, as early as 1918 the romantic poet John Keats (1795-1821) used it in the sense of "to guide".

Lindsay Lohan wearing court-mandated ankle monitor.  Strangely, despite attaching around the ankle, these are more frequently called bracelets than anklets.

Chanel Ankle Bags, Spring 2007 collection (left) and companion boot (right).

In one of several examples of the Lohanic influence on fashion and design, in their Spring 2007 collection, Chanel included a range of ankle bags.  Functional to the extent of affording the wearing a hands-free experience and storage for perhaps a lipstick, gloss and credit card (and the modern young spinster should seldom need more), the range was said quickly to "sell-out" although the concept hasn't been seen in subsequent collections so analysts of such things should make of that what they will.  Chanel offered the same idea in a boot, a design actually borrowed from the military although they tended to be more commodious and, being often used by aircrew, easily accessible while in a seated position, the sealable flap on the outer calf, close to the knee.

The Monitors

Monitors were curious looking, relatively small warships which, while neither fast nor heavily armored, carried disproportionately large guns, sometimes a single barrel as large as eighteen inches (460mm).  First used in the US Civil War, they saw service in several navies during both world wars and some were built by the US Navy as late as the 1960s to support costal operations in the Vietnam War.  Essentially a floating gun platform, they could be used only in shallow waters and were thus restricted to river and coastal duties where they were used as shore bombardment vessels.  Monitors have the distinction of firing heavier shells than other warships.

HMS Marshall Ney (1915-1957)

The Royal Navy has a sense of history and maintains in the service a great veneration for her most illustrious ships, names like Dreadnought, Victory & Vanguard often re-used on newer vessels to maintain the links with a history which dates back almost five-hundred years.  One ship not often mentioned in the annals is HMS Marshal Ney, laid down in 1915 as the first of two monitors of her class.  Designed to use 15 inch (380 mm) guns with mounts and turrets which became available when the Admiralty opted to reconfigure the battleships Renown and Repulse as battle cruisers, Marshal Ney and her sister ship Marshal Soult were named in recognition of historically unusual situation of the French being allies rather than enemies.  Built with the same armor as earlier monitors which mounted 12 inch (300 mm) guns, the original plan had been also to use the same well-regarded and reliable engines but an unfortunate decision was taken to use some diesel engines which were otherwise unallocated.  In short order, HMS Marshal Ney would come to be known as “the worst ship in the navy”.

The Vickers engines in the Marshal Soult, though underpowered, were reliable but those in her sister ship, built by the German company of MAN were a disaster, the problems thought a consequence of it being impossible in wartime to employ the German technicians experienced in servicing them or obtain the spare parts needed to fix them.  On the rare occasions the engines successfully started, they rarely ran for long without something “blowing up” and the engineers reports make clear, this expression was literal rather than used in the figurative sense often heard in engine rooms, pieces of shrapnel flying around with disturbing frequency.  Remarkably, there were only minor injuries.  As a result, the navy removed the big gun and installed it on the better performing monitor HMS Terror though in one of the coincidences of war, one of its barrels was on HMS Repulse when she was sunk by the Japanese in 1941.  The Admiralty re-armed the Marshal Ney, firstly with a single 9.2 inch (235 mm) gun and later, six with 6-inch (150 mm) bores but made no attempt to replace the engines, using the ship instead as a floating gun platform in the Channel, towed from port to port as required.  Despite being “the worst ship in the navy”, HMS Marshal Ney had a longer life on the active register than many more storied warships.  After the First World War, she became first a depot vessel and later an accommodation ship, renamed three times between 1922-1947, becoming successively Vivid, Drake and Alaunia II.  She was decommissioned in 1957 and sold for scrap, something which many sailors believed she'd been from the day she was launched.

Thursday, January 27, 2022

Buffer

Buffer (pronounced buhf-er)

(1) A static apparatus at the end of a railroad car, railroad track etc, for absorbing shock during coupling, collisions etc with the contact section made usually from spring-loaded steel pads or (in areas of low-speed activity such as shunting yards) timber.

(2) Any device, material, or apparatus used as a shield, cushion, or bumper, especially on machinery.

(3) Any intermediate or intervening shield or device reducing the danger of interaction between two machines, chemicals, electronic components etc.

(4) A person or thing that shields and protects against annoyance, harm, hostile forces etc, or that lessens the impact of a shock or reversal.

(5) Any reserve moneys, negotiable securities, legal procedures, etc., that protect a person, organization, or country against financial ruin.

(6) In ecology, as buffer state, an animal population that becomes the prey of a predator that usually feeds on a different species.

(7) In computing, a storage device for temporarily holding data until the device is ready to receive or process the data, as when a receiving unit has an operating speed lower (eg a printer) than that of the unit (eg a computer) feeding data to it.

(8) In electronics, a circuit with a single output activated by one or more of several inputs.

(9) In chemistry, any substance or mixture of compounds that, added to a solution, is capable of neutralizing both acids and bases without appreciably changing the original acidity or alkalinity of the solution; also called a buffer solution; any solution containing such a substance.

(10) To treat with a buffer.

(11) To cushion, shield, or protect; to lessen the adverse effect of; ease:

(12) In computing, temporarily to save data before actively accessing it so it may be loaded at a rapid or uniform rate.

(13) A device for polishing or buffing, as a buff stick or buff wheel, often in the form “floor buffer” for polishing floors; a worker who uses such a device.

(14) In admiralty slang, the senior non-commissioned officer serving on a ship or boat.

(15) In (mostly UK) colloquial use, a good-humored, slow-witted fellow, usually an elderly man, thus often as “old buffer” (archaic).

(16) In medicine, a preparation designed to decrease acidity in the stomach.

(17) In geopolitics, as buffer state, a country the land mass of which physically separates two opposing potentially powers and the existence of which is intended to prevent conflict or permit an attacked state a greater time to organize its defense.

(18) In geopolitics as buffer zone, a region separating two areas, often demilitarized, to segregate antagonistic populations: based usually on regional, ethnic or religious lines.

1835: The noun buffer in the sense of "something that absorbs a blow, apparatus for deadening the concussion between a moving body and that against which it strikes" was an agent noun from the obsolete verb buff (make a dull sound when struck), from the mid-sixteenth century Old French buffe & bufe (a blow, slap, punch).  The figurative sense of "anything that prevents impact or neutralizes the shock of impact of opposing forces" is from 1858 and was adopted universally by the railroad industry.  The sense of “one who or that which polishes by buffing” dates from 1854, an agent noun from the verb.  The verb use extended to “lessen the impact of” by 1886.  The use in chemistry began in the mid-nineteenth century, borrowed by analogy from the railroads although the meaning in science was soon extended and was adopted in electrical engineering.  In geopolitics the term wasn’t used until the mid-nineteenth century, the word again picked up from the general use inspired by railroads.  However, the concept had been well-understood for centuries.  The Congress of Vienna (1814-1815) created the United Kingdom of the Netherlands (modern day Belgium & the Netherlands) to remove the means of conflict between the UK, France & Prussia and although it lasted only until the separation of Belgian in 1830, the defined land-mass continued to fulfil the same function.

The derived forms include buffering, buffered & bufferize; the noun plural is buffers.  In the nineteenth century, a number of languages picked up buffer directly from English, including Danish, Dutch, Italian, Portuguese & Romansch, spread apparently by the international growth in railroad construction.

Europe 1945-1989.

The deployment of ten-odd Russian army divisions on the border with Ukraine’s revived interest in the old squabble about whether, in the last days of the USSR, politicians from the West made promises or at least provided assurances to Moscow that NATO would not expand eastwards.  The archivists have for decades been looking for any document which might clarify at least what was at the time discussed but nothing emerged until some material was declassified in 2017.  The conclusion is that the USSR was never offered any formal guarantee about NATO membership but the interpretations of what happened after 1990 vary, the view from the West that the enlargement of NATO was undertaken honorably and in accordance with the rights international law accords to sovereign states whereas Moscow’s narrative is one of Western deception and duplicity. 

Most scholars of the Cold War seem to agree the story begins in February 1990 when James Baker (b 1930; US secretary of state 1989-1992), secretary of state under George HW Bush (1924–2018; US president 1989-1993 (George XLI)) met with Soviet leader Mikhail Gorbachev (b 1931; leader of the USSR 1985-1991) in Moscow.  Only three months after the fall of the Berlin Wall, the matter of immediate interest was whether Germany, divided since 1945 into east and west, would be reunified, something that was most feared, though for different reasons, in the Kremlin and Downing Street.  London’s concern was its traditional fear to the emergence of an overwhelmingly strong Germany; Moscow feared the specter of NATO’s missiles being stationed in the GDR (East Germany). 

What both Russian and US transcripts of the meeting reveal was that the US position was it was in everyone’s interest that a unified Germany existed within NATO's political and military structure but at no point did either side discuss any of the nations aligned with the Warsaw Pact joining NATO.  That was not on the agenda because the thought of the imminent collapse of the USSR had not then occurred to many, none of whom were prominent in the US administration.  Orthodox political thought in the US, across most of the political spectrum, was that the Soviet empire probably was doomed but it’s life was expected to extend for at least decades.  A similar spirit animated the discussion Gorbachev had the next day with the FRG’s (West Germany) Chancellor Helmut Kohl (1930–2017; Chancellor of FRG or Germany 1982 to 1998), most taken up with the matter of German unification, NATO enlargement not even mentioned.  What was agreed was that the US, France, the UK and Germany, agreed not to deploy non-German NATO forces in the former East Germany.

However, in the great geopolitical event of the second half of the twentieth century, the USSR did in 1991 collapse, ending the perhaps unhappy but essentially stable post-war arrangement whereby east and west were separated by an array of buffer states, the cordon sanitaire which was built by Comrade Stalin (1878–1953; leader of the USSR, 1924-1953), which constituted the line of the Iron Curtain from “…Stettin in the Baltic to Trieste in the Adriatic…”.  They were difficult years for the post-Soviet buffer states but, in 1999, NATO welcomed as members, three nations of the former Warsaw Pact: Hungary, Poland & the Czech Republic.  That sounds now like an event of great significance and of course it was but with all the social and economic disruption happening in Russia, it evoked surprisingly few complaints, the political faction in Moscow which tilted towards Europe and saw their country’s future there, much more influential than today.  Some did however dwell on things.  A decade after the first NATO expansion, Gorbachev complained that the West had tricked Moscow, claiming he’d been assured NATO would not be moving “one centimeter further east."

Gorbachev later retreated from that, in 2014 admitting that in all the discussions which followed the fall of the Berlin Wall and the reunification Germany, the topic of “NATO expansion” was never raised by either side, adding that not a single Eastern European country brought up the issue, not even after the Warsaw Pact had been dissolved 1991.  Equally sanguine seems to have been the first Russian president, Boris Yeltsin (1931–2007; president of the Russian Federation 1991-1999).  Although hardly enthusiastic about NATO expansion, he raised no objection but did urge caution on the West, warning it was important to take into account public opinion in Russia.  In that he may have had some misplaced faith in realism of those he viewed as his new Western partners, writing later that "the spirit of the treaty on the final settlement...precludes the option of expanding the NATO zone into the East."  None of that was in writing of course, the generous interpretation being inferences were drawn where no implications were intended.  Either that or, in Washington, views changed in the post Cold-War world.

Still, for a time, tensions seemed not great and cooperative structures were created including NATO-Russia Founding Act, a kind of statement of peaceful co-existence and in 2002, a joint consultative council was established as a framework in which differences could be resolved; rather wishy-washy in detail, it was regarded by most as ineffectual but at least harmless.  The real crossing of the Rubicon came in 2004 when NATO undertook its largest expansion, admitting seven more Eastern European countries including, critically, the Baltic states Latvia, Lithuania & Estonia, Latvia, all of which had been republics, unhappily, of the USSR.  It was the closest NATO’s divisions & missiles had ever been to Moscow.

By 2007 with the oil price high and the Russian economy thus buoyant, if rather distorted by its reliance on energy exports, the new Russian president, Vladimir Putin (b 1952; Russian president or prime-minister since 1999) made the official Russian position explicit, accusing NATO (ie the US) of duplicity and threatening Russia:  I think it is obvious that NATO expansion has no relation with the modernization of the alliance itself or with ensuring security in Europe. On the contrary, it represents a serious provocation that reduces the level of mutual trust.”  What happened to the assurances our Western partners made after the dissolution of the Warsaw Pact? Where are those declarations today?"  There being no documents, it seems Mr Putin might be relying on Mr Yeltsin’s evocation of the “spirit” of the discussions which both he and Mr Gorbachev had earlier confirmed contained no discussion of NATO expansion.  Still, some sense of realism was on display at a summit in Bucharest in 2008 when NATO declined to offer Georgia and Ukraine a fast-track path to membership but assured both they would eventually join the alliance.  No date was mentioned and it seemed a quiet triumph of Realpolitik for the Kremlin.

However, four months later, Russia invaded Georgia, crushing its armed forces and occupying two regions that had already had near complete autonomy.  Then, in 2014, after seizing and then annexing the Ukraine's Crimea Peninsula, Moscow equipped, financed, and provided military support to separatist fighters in eastern Ukraine, stoking the war that continues to this day, the death toll some fourteen-thousand.  NATO and the Kremlin no longer have active anything but emergency channels of communications.

Mr Putin is quite emphatic that assurances were provided NATO would never expand beyond what was necessitated by the unification of Germany and the last US ambassador to the USSR did insist, in his testimony to a congressional enquiry, that Mr Gorbachev had received assurances that if Germany united and remained in NATO, the borders of NATO would not move eastward and declassified documents released in 2017 do suggest Mr Baker may well have said “not one inch eastward” (source or Mr Gorbachev’s “one centimetre”) but that this was subsequently vetoed by Mr Bush who had a different vision of a “new world order”.  In the West, over the years, many seemed to treat all this as hearsay evidence and prefer to cite the 1990 treaty (the 2+4 Treaty) which created the framework by which German unification would be achieved.  There was no mention of NATO enlargement.  Beyond that, also invoked in the West is an argument apparently based on the doctrine of “acceptance by acquiescence” from contract law: Russia accepted enlargement, with detailed conditions, and in writing, when the NATO-Russia Founding Act was agreed.  One can see what they’re getting at but to use an analogy with domestic contract law seems a bit of a stretch but NATO expansion anyway didn’t happen in isolation.  The first expansion, in 1999, came around the time of the NATO’s bombing campaigns in the Balkans, a traditional Russian sphere of influence and aimed at their traditional allies the Serbs.  While sympathetic to the US operation in Afghanistan, the 2003 invasion of Iraq raised Moscow's ire.

Mr Putin’s position has since hardened.  The massing of infantry and cavalry divisions on the border has a nineteenth century feel but the economic and cyber warfare is already being waged and what’s already being called the Ukrainian crisis has attracted speculation from military and political theorists.  All agree (1) Mr Putin wants his buffer states back, (2) this is the first time in history the timing of military action must await the end of the closing ceremony of the Winter Olympics and (3), the Kremlin learned certain lessons about the nature of the Biden administration from the scuttle from Afghanistan.  There the consensus seems to end but Mr Putin's ambition, no less than a re-configuration of the architecture of European security arrangements back to the 1992 lines on the map, is breathtaking.  This is not however 1941 and the world isn't (yet) quite holding it's breath.  Mr Putin has gambled before and won and if he can emerge from this round with something tangible, like a land bridge to the Crimea, he'd take it.  He plans anyway to still be Tsar when all the Western leaders facing him are gone and believes Russia's position in the future will only strengthen.     

Thursday, October 27, 2022

Bogus

Bogus (pronounced boh-guhs)

(1) Not genuine; counterfeit item; something spurious; a sham; based on false or misleading information or unjustified assumptions.

(2) In printing. a matter set (by union requirement) by a compositor and later discarded, duplicating the text of an advertisement for which a plate has been supplied or type set by another publisher.

(3) In computer programming, anything wrong, broken, unlinked, useless etc).

(4) In philately, a fictitious issue printed for exclusively for collectors, often issued as if from a non-existent territory or country (as opposed to a forgery, which is an illegitimate copy of a genuine stamp).

(5) As calibogus, a US dialectical word describing a liquor made from rum and molasses (sometimes rum and spruce beer).

1827: An invention of US English, coined originally by the underworld to describe an apparatus for coining counterfeit currency.  The origin is unknown, etymologists noting the Hausa boko (to fake) and because bogus first appeared in the US, it’s possible the source arrived on a slave ship from West Africa.  An alternative speculation is it was a clipped form of the nineteenth century criminal slang tantrabogus (a menacing object), from a late eighteenth century colloquial Vermont word for any odd-looking object (which in the following century was used also in Protestant churches to mean "the devil").  The New England form may be connected to tantarabobs (a regionalism recorded in Devonshire name for the devil) although the most obvious link (for which there’s no evidence) is to bogy or bogey (in the sense of “the bogeyman”).  In this sense, bogus might thus be related to bogle (a traditional trickster from the Scottish Borders, noted for achieving acts of household trickery which sometimes operated at the level of petty crime.  The use of bogy & bogie by the military is thought unrelated because the evidence is it didn’t pre-date the use of radar (a bogie being an unidentified aircraft or missile, especially one detected as a blip on a radar display).

The noun came first, the Oxford English Dictionary (OED) tracing the first use to describe the counterfeiting apparatus to Ohio in 1927, the products of the nefarious minting having also picked up the name by at least 1838, adjectival use (counterfeit, spurious, sham) adopted the following year.  Later, bogus came to be applied to anything of poor quality, even if not something misrepresenting a brand-name (ie bogus in intended function).  The adoption by computer programmers (apparently in the 1980s) to refer to anything wrong, broken, unlinked, useless etc was an example of English in action; they could have chosen any of bogus’s many synonyms but it was the word of choice and hackers use it too.  Bogus is an adjective and (an occasional) noun, bogotic is an adjective, bogusly is an adverb and bogusness a noun.

From the nerdy humor of programmers came the related bogon, the construct being bog(us) (fake, phony) + -on (the suffix used to form names of elementary particles or fundamental units) (the noun plural being bogons).  To programmers, the bogon was the the imaginary elementary particle of bogosity; the anti-particle to the cluon (the construct being clue (idea, notion, inkling) + -on (the plural being cluons) which was the imaginary elementary particle of cluefulness and thus the anti-particle to the bogon.  The slightly less nerdy network engineers adopted bogan to refer to an invalid Internet Protocol (IP) packet, especially one sent from an address not in use.  Clutron proved useful, a clutron an especially clever or well-informed nerd although it was also picked-up in the misogynistic word of on-line gaming where a slutron was a highly skilled female player a combination where meant she attracted hatred rather than admiration a make would usually enjoy.

The surname Bogus was borrowed from the Polish (masculine & feminine) forms Bogus & Boguś, or the Romanian Boguș (the plural of the proper noun being Boguses).  In the British Isles it was initially most common in Scotland before spreading south and is thought ultimately related to other named beginning with Bog- (Bogumił, Bogusław, Bogdan et al).  In Polish, Boguś is also a given name and listed as a back-formation (as a diminutive) from either Bogusław, Bogdan, Bogumił or Bogusław (+ -uś).

A real Ferrari 1963 250 GTO (left) and Temporoa's superbly made replica of a 1962 model (right).  US$70 million vs US$1.2 million. 

The synonyms can include fraudulent, pseudo, fake, faux, phony, false, fictitious, forged, fraudulent, sham, spurious, artificial, dummy, ersatz, imitation, pretended, pseudo, simulated, counterfeit but bogus is what’s known as a “loaded word”.  Bogus implies fake (and less commonly “of poor quality”) but just because something isn’t real doesn’t mean it need be thought bogus.  Ferrari made only 39 (it can also be calculated at 36 or 41 depending on definitions) 250 GTOs and one has sold for US$70 million but it’s possible for experts to create an almost exact replica (indeed one of higher quality than an original although given the standard of some of the welding done in the factory in those years that's really not surprising) but it will only ever be worth a fraction of the real thing (a fine example offered for US$1.2 million).  Whether such a thing should be regarded as a replica, recreation, clone or whatever is something about which there's debate but few would dismiss such a work as bogus.  It really hangs on disclosure and representation.  With only 39 250 GTOs on the planet, all with well-documented provenance, it’s not possible to claim a replica is authentic but there are cars which have been produced in the hundreds or even thousands which some try to pass off as genuine; in these cases, they have created something as bogus as knock-off handbags.  One popular use of bogus is to describe various members of royal families who parade themselves in the dress military uniforms of generals or admirals, despite often having never served on been near a combat zone.  

With something digital, just about anyone can create an exact duplicate, indistinguishable from the source, hence the attraction of the non-fungible token (NFT) which, thus far, can’t be forged.  NFTs have been linked to real-world objects, as a sort of proof of ownership which seems strange given that actual possession or some physical certificate is usually sufficient, certainly for those with a 250 GTO in the garage but there are implications for the property conveyancing industry, NFTs possibly a way for real-estate transactions to be handled more efficiently.  For those producing items which attract bogus items (running shoes, handbags etc), there’s interest in attaching NFTs as a method of verification.

Humble beginnings: Publicity shot for the 1960 Ford Falcon.

When Ford released the Falcon in 1960, it was modest in just about every way except the expectations the company had that it successfully would counter the intrusion of the increasingly popular smaller cars which, worryingly, many buyers seemed to prefer to the increasingly large offerings from Detroit.  A success in its own right, the Falcon would provide the platform for the Mustang, the Fairlane, the Mercury Cougar and other variations which, collectively, sold in numbers which would dwarf those achieved by the original; it was one of the more profitable and enduring platforms of the twentieth century.  In the US, it was retired after a truncated appearance in 1970 but it lived on in South America and Australia, the nameplate in the latter market lasting until 2016, a run of over half a century during which the platform had been offered in seven generations in configurations as diverse as sedans, vans & pick-ups (utes), hardtop coupés, 4WDs, station wagons and long wheelbase executive cars.

Ford Falcon GTHO Phase I leading three Holden Monaro (HT) GTS 350s, Bathurst 1969.

Most memorably however, between 1969-1972, it was also the basis of a number of thinly disguised racing cars, production of which was limited to not much more than was required by the rules of the time to homologate the strengthened or high-performance parts needed for use in competition.  The Falcon GT had been introduced in 1967 and had proved effective but the next year faced competition from General Motors’ (GM) Holden Monaro GTS which, with a 327 cubic inch (5.3 litre) Chevrolet V8 out-performed the Ford which had by then had benefited from an increase in displacement from 289 cubic inches (4.7 litres) to 302 (4.9) which proved not enough.  The conclusion reached by both Ford & GM was of course to increase power so for 1969 the Falcon and Monaro appears with 351 cubic inch (5.8 litre) and 350 (5.7) V8s; the power race was on.  Ford however decided to make sure of things and developed homologation-special with more power, some modification to improve durability and, with endurance racing in mind, a 36 (imperial) gallon (164 litre) fuel tank, quickly (and inexpensively) fabricated by welding together two standard tanks.  The car was called the GTHO (written variously in documents as also as G*T*H*O, GT-HO & G.T.H.O. (and as GT·HO on the glovebox lid)), HO apparently understood by the Ford engineers to mean “high output” but presented to the public as “handling options”, the company not wishing to frighten the horses with fears of racing cars being sold for use on the streets (and such a furore did ensue in 1972 which proved the GTHO’s death knell.

1970 Falcon GTHO Phase II.

If the 1967 GT had been something beyond what Ford in 1960 thought the Falcon might become, the GTHO would have been beyond their wildest imaginings.  Still usable as a road car, it also worked on the circuits although, because of a bad choice of tyre which was unsuited to the techniques of the drivers, it failed to win the annual Bathurst 500, then (as now), the race which really mattered.  Determined to win the 500, a revised GTHO was prepared and, in a novel move, was known as the Phase II (the original retrospectively re-christened the Phase I), the most obvious highlight of the revised specification a switch to Ford’s new Cleveland 351 V8 which, heavier and more powerful, replaced the Windsor 351.  Underneath however, there were changes which were just as significant with the suspension re-calibrated to suit both racing tyres and the driving style used in competition.  Said to have been developed with “a bucket of Ford’s money in one hand and a relief map of the Bathurst circuit in the other”, the Phase II drove like a real racer and probably few cars sold to the public have deliberately been engineered to produce so much oversteer.  On the track it worked and victory at Bathurst followed, something which drew attention from the early unreliability of the Cleveland 351, the implications of it’s less elaborate lubrication system not for some months appreciated.

1971 Ford Falcon GTHO Phase III (Clone).

The Phase III followed in 1971 with increased power, the propensity to oversteer toned down and it proved even more successful, the legacy due to be continued by a Phase IV with four-wheel disk brakes (something probably more helpful than more power) but the project was abandoned after a moral panic induced by a Sydney newspaper which ran a front page which alleged “160mph (257 km/h) supercars” were about to fall into the hands of teenagers to use on city streets and highways.  That certainly frightened the horses and politicians, always susceptible to anything which appears in a tabloid, vowed to act and prevailed on the manufacturers to abandon the homologation specials.  Thus ended the era of the GTHO and also the similar machines being prepared by GM and Chrysler, the handful of Phase IV GTHOs built quietly sold off, never to see a race track although one did, most improbably, enjoy a brief, doomed career as a rally car.

1972 Ford Falcon GTHO Phase IV.

Over the decades, as used cars, the surviving GTHOs (many destroyed in accidents on and off the track) have become collectable and of the 1222 made (including circa 115 of the (unofficial) Phase 1.5 with a milder (hydraulic valve lifters) Cleveland engine), it’s the Phase III (300 built) which is the most coveted at auction (the handful of Phase IVs seem to change hands mostly in private sales and the record is said to be circa Aus$2 million) and while the prices achieved track the state of the economy, the current record is believed to be Aus$1.3 million.  Based on what was essentially a taxicab which was produced in the hundreds of thousands, there’s an after-market ecosystem which produces all the parts required for one exactly (except for tags and serial numbers) to create one’s own GTHO at considerably less than what a real one now costs so it’s no surprise there are many acknowledged replicas (also described as clones etc) but the odd bogus example has also been unearthed.

Ford Falcon GTHO Phase IVs being prepared for racing, Melbourne, 1972.

Quite how many of the 287 Phase IIs survive isn’t known and the prices are high so it’s little surprise some have been tempted to misrepresent a bogus example as something real and there are legal implications to this, both criminal and civil.  There are even examples of the less desirable Falcon GTs and in 2011, in a judgment handed down in the District Court of Queensland (Sammut v De Rome [2011] QDC 294), a couple was ordered to pay the plaintiff AU$108,394.04 (US$107,200 at the then favorable exchange rate).  The defendants had sold to the plaintiff what they advertised as a 1969 Ford Falcon GT, a vehicle they had in 2006 purchased for Aus$18,000.  The plaintiff undertook due diligence, inspecting the car in person and in the company of a expert in bodywork before verifying with Ford Australia that the VIN (vehicle identification number) was legitimate car.  Once the VIN had been confirmed as belonging to a 1969 Falcon GT, a sale price of Aus$90,000 was agreed and the sale executed, the buyer having the car transported by trailer to Sydney.

Bogus & blotchy: Lindsay Lohan with fake tan.

Two years later, when the plaintiff attempted to sell the car, a detailed inspection revealed it was a bogus GT, a real GT’s VIN having been used to replace the one mounted on an ordinary 1969 Falcon, an x-ray examination of the firewall confirming the cutting and welding associated with the swap.  It was never determined who was responsible for creating the bogus GT and expert testimony given to the court confirmed that then, a non-GT Falcon of this year and condition was worth between Aus$10-15,000 while the value of an authentic GT was between Aus$65-70,000.  Accordingly, the plaintiff sued for breach of contract, requesting to be compensated to the extent of the difference between what he paid for the car and its current value, plus associated matters such as transport, interest and court costs.  The court found for the plaintiff in the sum of Aus$108,394.04 although the trial judge did note that the defendants likely didn't know the car was bogus, thereby opening for them the possibility of commencing action against the party from whom they purchased the thing, his honor mentioned that because of the civil statute of limitations, they had less than a month in which to file suit.  It's to be hoped they kept the car because in 2022, well-executed replicas of XW Falcon GTs are being advertised at more than Aus$125,000.

Sunday, April 9, 2023

Appurtenance

Appurtenance (pronounced uh-pur-tn-uhns)

(1) Something subordinate to another, more important thing; adjunct; accessory.

(2) In property law, a minor right, interest or privilege, or improvement belonging to and passing with a principal property upon transfer of title.

(3) The apparatus or instruments of a trade, art or profession.

(4) In classical grammar, a modifier that is appended or prepended to another word to coin a new word that expresses belonging (obscure to the point it's used in this context only between consenting grammar Nazis).

1350-1400: From the Middle English appurtenance, from the Anglo-Norman appurtenance (right, privilege or possession subsidiary to a principal one (especially in law); a right, privilege, or "an improvement belonging to a property), from the twelfth century Old French apartenance & apertenance; present participle of apartenir (be related to), from the Late Latin appertinere (to pertain to, belong to), the construct being ad (to) + pertinere (belong; be the right of (and related to the Modern English pertain)), the ultimate root the Latin appertineō (I belong, I appertain).  In the late fourteenth century (in the plural appurtenances) it acquired the meaning "apparatus, gear; tools of the trade", used in the sense now "kit" is often applied.  The adjective appurtenant emerged also in the late fourteenth century in the sense of "belonging, incident, or pertaining to", from the Anglo-French apurtenant, from the Old French apartenant & apertenant, present participle of apartenir (be related to).  Appurtenance is a noun and appurtenant is a noun & adjective; the noun plural is appurtenances.

Even in the twenty-first century, the matter of what is or is not appurtenant to a property can end up in court.  Typically the cases involve certain things being removed from the property after the agreement to purchase was executed.  The case law on these matters document where sellers have removed things like rose bushes, curtains, a decorative letter-box, garden gnomes and wall-hung ceramic ducks.

There’s long been general understanding about the general meaning of appurtenance but, at the margins, there are always lawyers prepared to test the waters.  In Attorney General of Canada v Western Higbie ([1945] Supreme Court of Canada 385), Thibaudeau Rinfret (1879–1962; Chief Justice of Canada 1944-1954) proposed as a definition: “Things belonging to another thing as principal, and which pass as incident to the principal thing.”  The effect he suggested, world beIn general everything which is appendant or appurtenant to land will pass by any conveyance of the land itself, without being specified, and even without the use of the ordinary form with the appurtenances at the end of the description."  Rinfert CJ appeared to suggest the appendix of appurtenances appended usually to the form of transfer either need not exist or need not be wholly inclusive, the implication being it could be used as a place to list those items not thought appurtenances, although, given even his helpful definition didn’t descend to specifics, lengthy appendices might still be expected.

Lindsay Lohan photographed by Life & Style magazine "at home" during one of her court-ordered stays "at home", June 2011.

In this photograph, of that which is "easily" removable, probably only the downlight, stair-rail and electrical switches would be thought appurtenant to the property whereas the the painting, furniture & items on the shelves (as "mere chattels") would not.  Light-fittings are a good example of how the distinction is drawn.  As a general principle, a light fitting is appurtenant if permanently installed and "wired into" the property's wiring system while a free-standing lamp which plugs into a wall-socket is not.  However, disputes can arrive and courts have had to decide, on the facts of each case, if a chandelier is appurtenant.  They've had to adjudicate too in instances where a property is sold "fully furnished" and might thus be called upon to rule on something like the fruit bowl.  Few would doubt the fruit would not be covered by the doctrine but, depending on the circumstances, the fruit bowl might be found so; it would depend on the facts of the case (representations made; photographs or videos in which "fully-furnished" was mentioned etc).  However, the doctrine of appurtenance need not be absolute and is subject at contract to agreement between the parties.  Provided the usual rules of contract are followed, (certainty of terms, lack of coercion etc) either within the documents of sale or as a collateral contract, buyer & seller can agree to exclude items which would usually be held appurtenant or explicitly include "mere chattels" on that basis.  Properly constructed, courts will enforce such contracts.