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Wednesday, May 8, 2024

Embellish

Embellish (pronounced m-bell-lysh)

(1) To decorate, garnish, bedeck or embroider an object.

(2) To beautify by ornamentation; to adorn.

(3) To enhance a statement or narrative with fictitious additions.

1300–1350: From the Middle English embelisshen from the Anglo-French, from the Middle French embeliss- (stem of embelir), the construct being em- (The form taken by en- before the labial consonants “b” & “p”, as it assimilates place of articulation).  The en- prefix was from the Middle English en- & in-.  In the Old French it existed as en- & an-, from the Latin in- (in, into); it was also from an alteration of in-, from the Middle English in-, from the Old English in- (in, into), from the Proto-Germanic in (in).  Both the Latin and Germanic forms were from the primitive Indo-European en (in, into) and the frequency of use in the Old French is because of the confluence with the Frankish an- intensive prefix, related to the Old English on-.) + bel-, from the Latin bellus (pretty) + -ish.  The –ish suffix was from the Middle English –ish & -isch, from the Old English –isċ, from the Proto-West Germanic -isk, from the Proto-Germanic –iskaz, from the primitive Indo-European -iskos.  It was cognate with the Dutch -s; the German -isch (from which Dutch gained -isch), the Norwegian, Danish, and Swedish -isk & -sk, the Lithuanian –iškas, the Russian -ский (-skij) and the Ancient Greek diminutive suffix -ίσκος (-ískos); a doublet of -esque and -ski.  There exists a welter of synonyms and companion phrases such as decorate, grace, prettify, bedeck, dress up, exaggerate, gild, overstate, festoon, embroider, adorn, spiff up, trim, magnify, deck, color, enrich, elaborate, ornament, beautify, enhance, array & garnish.  Embellish is a verb, embellishing is a noun & verb, embellished is a verb & adjective and embellisher & embellishment are nouns; the noun plural is embellishments.

The meaning "dress up (a narration) with fictitious matter" was first noted in the mid-fifteenth century and was an acknowledgement of a long (if sometimes hardly noble) literary tradition.  It was exemplified by the publication in 1785 by German author Rudolf Erich Raspe (1736-1794) of Baron Munchausen's Narrative of his Marvellous Travels and Campaigns in Russia, a collection of extraordinary stories, based (loosely) on the tales told by the real-life Baron Hieronymus Karl Friedrich, Freiherr von Münchhausen (1720-1797).  The real baron was prone to quite some exaggeration in the tales of his travels but never went as far as Herr Raspe had his fictional baron flying to the moon.  The technique of enhancing a statement or narrative with fictitious additions (ie lies) was later perfected by the author and one-time Tory politician Lord Archer of Weston-super-Mare (b 1940) and crooked Hillary Clinton (b 1947).

Lindsay Lohan in bikini embellished with faux (synthetic) fur, photo-shoot for the fifth anniversary of ODDA magazine, April 2017.

In the matter of Stormy Daniels and Donald Trump

Various matters relating to a payment allegedly made by (b 1946; US president 2017-2021) to adult film star (and director in the same genre) Stormy Daniels (Stephanie Gregory Clifford; b 1979) are currently before a New York criminal court.  When a member of Mr Trump’s legal team suggested she may have a  “propensity to embellish” when giving evidence, counsel was using the word “embellish” in the crooked Hillary sense of “lie”.  Lawyers have many ways to suggest those being cross-examined are lying and embellish is one of the more euphemistic though not as inventive as “economical with the truth”.  That one will forever be associated with former UK cabinet secretary Sir Robert Armstrong (1927-2020; later Baron Armstrong of Ilminster) who, under cross-examination in the “Spycatcher” trial (1986), when referring to a letter, answered: “It contains a misleading impression, not a lie. It was being economical with the truth.”  Whether the old Etonian was aware much post-Classical writing isn’t known (at Christ Church, Oxford he read the “Greats” (the history and philosophy of Ancient Greece & Rome)) but he may have been acquainted with Mark Twain’s (1835-1910) Following the Equator (1897) in which appeared: “Truth is the most valuable thing we have.  Let us economize it.” or the earlier thoughts of the Anglo-Irish Whig politician Edmund Burke (1729-1797) who in his Two Letters on the Proposals for Peace with the Regicide Directory (1796) noted: “Falsehood and delusion are allowed in no case whatsoever: But, as in the exercise of all the virtues, there is an economy of truth.”  Just as likely however is that Sir Robert had been corrupted by his long service in government and was thinking of: “The truth is so precious, it deserves an escort of lies.”, a phrase often attributed (as are many) to Sir Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955), but there’s some evidence to suggest he may have picked it up from comrade Stalin (1878-1953; Soviet leader 1924-1953) and even if it wasn’t something the old seminarian coined, it was the mantra by which he lived so he deserves some credit.

Courtroom sketch of defendant, judge, prosecutor & witness by Jane Rosenberg (b 1949), Manhattan Criminal Court, New York, 7 May 2024.

The work of courtroom sketch artists became a feature of the trial process in many Western courts during the years when photography was banned and Ms Rosenberg has since 1980 become of of the most highly regarded practitioners.  Of her art, she was quoted, in a statement she stressed was non-political and not a comment on the legal merit of his case, that Mr Trump was “fun to draw”.  Something of the character of law will be lost if the courtroom sketch artist is replaced by an artificial intelligence (AI) bot.

The exchange on 7 May wasn’t the first time “propensity” and “embellish” had been entered into the trial transcript.   On 23 April, the court heard about former National Enquirer publisher David Pecker’s (b 1951) “secret arrangement” negotiated in 2015 with Mr Trump and his then attorney (and “fixer”) Michael Cohen (b 1966), the terms of which included the publication (1) promoting Mr Trump’s presidential ambition and (2) publicizing Mr Cohen’s “research” relating to Mr Trump’s opponents: “He would send me information [about the others seeking the Republican nomination for the 2016 presidential election] and that was the basis for our story, and we would embellish (in the National Enquirer tradition "embellish" is a spectrum word ranging in meaning from "exaggerate" to "untrue").” Mr Pecker testified, adding the arrangement was kept secret from all but a handful of his senior executives: “I told them [the National Enquirer’s East and West Coast bureau chiefs] we were going to try and help the campaign, and to do that we would keep it as quiet as possible.”  National Enquirer has bureaux; who knew?

Stormy Daniels.

The day before, Mr Trump’s team pursued a line of questioning designed to cast doubt on Mr Cohen’s credibility, suggesting that for him Mr Trump has become “an obsession” and that he wishes to see him incarcerated and has “a propensity to lie.”  “He has a goal, an obsession, with getting Trump.  I submit to you he cannot be trusted.  His entire financial livelihood depends on President Trump’s destruction… You cannot make a serious decision about President Trump by relying on the words of Michael Cohen.” Counsel argued.  Mr Cohen had certainly left no doubt the case was on his mind, the previous night posting on-line that he’d experienced some “mental excitement about this trial...” and the testimony he would deliver.

The highlight thus far however came when the state called to the stand Ms Daniels where in greater detail than expected she described the encounter with Mr Trump which led to the hush-money scheme.  The word the press seemed to settle on for their reports was “salacious” but the two things which most struck legal analysts was (1) the unusually wide interpretative latitude the judge appeared to allow himself when deciding the nature of the many details Ms Daniels should be allowed to introduce and (2) the curious reticence of defence counsel in objecting to the course things were taking.  Both of these aspects may be considered if the case goes on appeal when often a ruling is made on what evidence is relevant and what is so prejudicial that under the evidentiary rule it shouldn’t have been admitted and heard by the jury.

Stormy expression: Donald Trump at the defense table, Manhattan Criminal Court, New York, 7 May 2024.

Over lunch, Mr Trump’s team must have discussed these matters because they moved a motion requesting the judge declare a mistrial on the grounds Ms Daniels’ testimony contained prejudicial and irrelevant comments which: “aside from pure embarrassment…,” these details did nothing but “inflame the jury.”  The judge did acknowledge Ms Daniels was a difficult witness to control and agreed: “...it would have been better if some of these things had been left unsaid.” but denied the motion, saying defense counsel should have raised more objections during the testimony and that cross-examination would permit them to redress things, adding that at one point he had intervened to limit her statements simply because the defence had not.  The defense did actually raise a number of objections, a slew of which the judge upheld, after which he cautioned the witness: “Just listen to the question, and answer the question.”  Some may have recalled the infamous cross-examination of Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945) by Justice Robert Jackson (1892–1954; US Supreme Court Justice 1941-1954; Chief US Prosecutor at the Nuremberg (IMT) trials of Nazi war criminals 1945-1946) at the first Nuremberg Trial (1945-1946) when the judges of the IMT (International Military Tribunal) declined to “control the witness”, leaving Justice Jackson increasingly exasperated by Göring’s long answers which the prosecutor though mostly irrelevant but which were of great interest to at least some of the judges and permitted under the terms of the court’s charter.  Of course, the IMT wasn’t limited by New York’s rules on admissibility of evidence.

Stormy Daniels (2019) by Robert Crumb.  Robert Crumb (b 1943) is an US cartoonist, associated since the 1960s with the counter-culture and some strains of libertarianism; he was one of the most identifiable figures of the quasi-underground (in the Western rather than the Warsaw Pact sense) comix movement.

However, in one exchange during defense cross examination, there was no question of any propensity to embellish, counsel asking: “Am I correct in that you hate President Trump?” to which Ms Daniels replied: “Yes.”  No ambiguity there and although not discussed in court, her attitude may not wholly be unrelated to Mr Trump’s rather ungracious description of her as “horse face”.  Really, President Trump should be more respectful towards a three-time winner of F.A.M.E.'s (Fans of Adult Media and Entertainment) much coveted annual "Favorite Breasts" award.

Donald Trump leaving Manhattan Criminal Court, New York, 7 May 2024.

Speaking briefly to reporters after leaving the court, Mr Trump said: “This was a very big day, a very revealing day, as you see, their case is totally falling apart, they have nothing on the books and records and even something that should bear very little relationship to the case, it's just a disaster for the DA.

Tuesday, April 16, 2024

MRDA

MRDA (pronounced emm-ahr-dee-ey)

The abbreviation of “Mandy Rice-Davies Applies”, an aphorism used in law and politics to refer to any denial which is transparently self-interested.

1963: An allusion to the statement “Well he would, wouldn't he?”, said by Welsh model Mandy Rice-Davies (1944-2004) during cross-examination in a trial at the Old Bailey (the central criminal court for England & Wales) associated with the Profumo affair.

Lord Astor, Mandy Rice-Davies and the Profumo Affair

The context of Ms Rice-Davies’s answer was the question: “Are you aware that Lord Astor denies any impropriety in his relationship with you?” and the answer “Well he would, wouldn't he?” elicited from those in the court “some amusement”.  MDRA (Mandy Rice-Davies Applies) thus became in law and politics an aphorism used as “verbal shorthand” to refer to any denial which is transparently self-interested although it doesn’t of necessity imply a denial is untrue.  In general use, the fragment from the trial is often misquoted as “Well he would say that, wouldn't he?” because that better encapsulates the meaning without being misleading.

Mandy Rice-Davis (left) and Christine Keeler (right), London, 1963.

The Profumo affair was one of those fits of morality which from time-to-time would afflict English society in the twentieth century and was a marvellous mix of class, sex, spying & money, all things which make a good scandal especially juicy.  John Profumo (1915-2006) was the UK’s Minister for War (the UK cabinet retained the position until 1964 although it was disestablished in the US in 1947) who, then 46, was found to be conducting an adulterous affair with 19 year old topless model Christine Keeler (1942-2017) at the same time she was also enjoying trysts with a Russian spy, attached to the Soviet embassy with the cover of naval attaché.  Although there are to this day differing interpretations of the scandal, there have never been any doubts this potential Cold-War conduit between a KGB spy and Her Majesty’s Secretary of State for War represented at least a potential conflict of interest.

Dr Evatt (left), comrade Molotov (centre) and Soviet translator Alexei Pavlov, exchanging MRDAs in Russian & English, London, 1942.

MRDAs are common in courtrooms and among politicians but some became legends.  In 1954, Dr HV Evatt (1894–1965; Australian attorney-general & foreign minister 1941-1949, and leader of opposition 1951-1960), in the midst of a particularly febrile period during the Cold War, wrote a letter to comrade Vyacheslav Molotov (1890–1986; Soviet foreign minister 1939-1949 & 1953-1956) asking if allegations of Soviet espionage in Australia were true.  Comrade Molotov of course wrote back, politely denying the USSR engaged in spying anywhere.  Assured, Evatt read the letter to the parliament and the members sat for a moment stunned until, on both sides, loudly laughing.  It was a MRDA before there were MRDAs.

The Profumo affair is noted also for being at least an influence in the end of the “age of deference” in England and while that’s often probably overstated, the immediate reaction and the aftermath proved it wasn’t only across colonial Africa that a “wind of change” was blowing.  The second Lord Astor (1907–1966) was emblematic of the upper classes of England who once would have expected deference from someone like Ms Rice-Davis, someone “not of the better classes” as his lordship might have put it.  Although what came to be known as the “swinging sixties” didn’t really begin until a couple of years after the Profumo affair when the baby-boomers began to come of age, the generational shift had by then become apparent and it was something surprisingly sudden as the interest of the young switched from pop music to politics.  As recently as the 1959 election campaign, the patrician Harold Macmillan (1894–1986; UK prime-minister 1957-1963) had told the working classes “most of you have never had it so good” and for the last time they would express their gratitude to their betters, delivering the Tories an increased majority, an impressive achievement for "the last of the old Edwardians" who, upon assuming the premiership in 1957 in the wake of the Suez debacle, had told the Queen he doubted his administration would last six weeks.

In the matter of Lehrmann v Network Ten Pty Limited [2024] FCA 369

Mr Justice Lee.

Justice Michael Lee (b 1965) in April 2024 handed down one of the more anticipated judgments of recent years, finding Bruce Lehrmann (b 1995), on the civil law test of the balance of probabilities, had raped Brittany Higgins (b 1993) on the sofa in a ministerial suite in Parliament House while the victim was affected by strong drink.  Apart from the heightened public interest in the verdict, lawyers were watching closely to see if there would be encouragement for those defending themselves in defamation cases, something which had been lent unexpected strength by an earlier judgment; although the matter of rape was central to the facts, Lehrmann v Network Ten was a defamation case.  However, for those who appreciate judicial findings for their use of language, Justice Lee didn’t disappoint and although neither Ms Rice-Davies nor MRDA were mentioned in his text, as he assessed the conduct and evidence of Mr Lehrmann, they may have come to mind.

Janet Albrechtsen in her study.

In his opening remarks, the judge acknowledged the case had become a cause celebre for many and that it was best described as “an omnishambles”, the construct being the Latin omni(s) (all) + shambles, from the Middle English schamels (plural of schamel), from the Old English sċeamol & sċamul (bench, stool), from the Proto-West Germanic skamul & skamil (stool, bench), from the Vulgar Latin scamellum, from the Classical Latin scamillum (little bench, ridge), from scamnum (bench, ridge, breadth of a field).  In English, shambles enjoyed a number of meanings including “a scene of great disorder or ruin”, “a cluttered or disorganized mess”, “a scene of bloodshed, carnage or devastation” or (most evocatively), “a slaughterhouse”.  As one read the judgement one could see why the judge was drawn to the word although, in the quiet of his chambers, “clusterfuck” may have been in his thoughts as he pondered the best euphemism.  Helpfully, one of the Murdoch press’s legal commentators, The Australian’s Janet Albrechtsen (b 1966; by Barry Goldwater out of Ayn Rand) who had been one of the journalists most interested in the case, informed the word nerds omnishambles (1) dated from 2009 when it was coined for the BBC political satire The Thick Of It and (2) had endured well enough to be named the Oxford English Dictionary’s (OED) 2021 Word of the Year.  The judge's linguistic flourish was a hint of things to come in what was one of the more readable recent judgments.

Noting Mr Lehrmann’s original criminal trial on the rape charge had been aborted (after having already been delayed for reasons related to the defamation matter) because of jury misconduct with a subsequent retrial not pursued because of the prosecution’s concern about the fragile mental state of the complainant, the judge observed “Having escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat.  In other words, Mr Lehrmann who could have walked away with no findings against him, lured by the millions of dollars to be gained, rolled the legal dice and was found to have committed rape.  He is of course not the first to fall victim to suffer self-inflicted legal injury in not dissimilar circumstances; the writers (from different literary traditions) Oscar Wilde (1854–1900) and Jeffrey Archer (b 1940) both were convicted and imprisoned as a consequence of them having initiated libel actions.  Whether Mr Lehrmann will now face a retrial in the matter of rape is in the hands of the Australian Capital Territory’s (ACT) Director of Public Prosecutions (DPP).  In such a case, it would be necessary to prove the event happened under the usual test in criminal law: beyond reasonable doubt.  Even if that isn’t pursued by the DPP, his time in courtrooms may not be over because it’s possible he may face action because of his conduct in this trial with the handling of certain documents and another unrelated matter is pending in Queensland.

In considering the evidence offered by Mr Lehrmann, the judge appears to have found some great moments in the history of MRDAs:

Commenting on his claim to having returned (after midnight following Friday evening’s hours of convivial drinking) to his Parliament House office to write papers about the French submarines and related government matters, he observed Mr Lehrmann …hitherto had demonstrated no outward signs of being a workaholic.  To remark that Mr Lehrmann was a poor witness is an exercise in understatement.

Regarding the claim Mr Lehrmann had made to someone to whom he’d just been introduced that he was …waiting on a clearance to come through so that he could go and work at Asis.” (the Australian Security Intelligence Service; the external intelligence service al la the UK SIS (MI6) or the US CIA (although without the assassinations… as far as is known)), the judge observed she “kept her well-founded incredulity to herself.”, such “Walter Mitty-like imaginings” demonstrating he …had no compunction about departing from the truth if he thought it expedient.

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

The reading of the judgement was live-streamed and the passage which got the loudest chuckle was in the discussion of Mr Lehrmann’s deciding whether he found Ms Higgins attractive.  In an interview on commercial television broadcast in 2023, he’d denied finding the young lady attractive, despite the existence of comments dating from 2019 indicating the opposite.  Pausing only briefly, Justice Lee delivered this news with an arched eyebrow:  When confronted by this inconsistency, his attempt to explain it away by suggesting the attraction he felt for Ms Higgins was ‘just like [the attraction] I can find [in] anybody else in this [court]room, irrespective of gender’ was as disconcerting as it was unconvincing.  The judge ordered to audience to suppress their laughter.

Even regarding submarines as a likely topic over drinks, his honour was sceptical: “With the exception of Mr Lehrmann, no one who gave evidence as to their time at The Dock could recall discussing Australia’s submarine contracts with France at either table. The lack of recollection of any discussion of this topic is intuitively unsurprising.  Declaiming on the topics of who was building submarines and where they were being built was not quite the repartee one would usually expect to hear over a convivial drink on a Friday night between 20 [something]-year-olds out for a good time – even if (with respect) one would not expect the badinage of the Algonquin Round Table.” (an early twentieth century, shifting aggregation of men & women of letters who met over lunch in New York’s Algonquin Hotel, their barbs and thoughts often appearing in their newspaper & magazine columns; they dubbed themselves “The Vicious Circle” and were a sort of Cliveden set without the politics.  Cliveden was a stately home in Buckinghamshire, the country seat of Lord Astor and the scene of many of the events central to the Profumo affair).

The judge was forensic in his deconstruction of Mt Lehrmann’s MRDA he returned to Parliament House after being out drinking with Ms Higgins and others in order to retrieve his keys: “If the reason Mr Lehrmann needed to return to Parliament House was to collect his keys, he could have texted his girlfriend to have her meet him at the door or called her.  Mr Lehrmann asks me to accept the proposition that it was ‘a process to get in’ to his shared flat and that to avoid this complication, he preferred to: (a) go out of his way to go back to work in the early hours; (b) lie to Parliament House security; (c) sign the necessary register; (d) be issued with a pass; (e) go through a metal detector; (f) be escorted by a security guard to his office; (g) obtain his keys from his office; (h) book another Uber; (i) go back through a Parliamentary exit; (j) meet the ride-share car; and then (k) ride home.

Bruce Lehrmann leaving the court after the verdict was delivered.

In psychiatry, distinction is made between the “habitual” and “compulsive” liar and while this wasn’t something Justice Lee explored, he did in one passage sum up his assessment of the likely relationship to truth in anything Mr Lehrmann might say: “I do not think Mr Lehrmann is a compulsive liar, and some of the untruths he told during his evidence may sometimes have been due to carelessness and confusion, but I am satisfied that in important respects he told deliberate lies. I would not accept anything he said except where it amounted to an admission, accorded with the inherent probabilities, or was corroborated by a contemporaneous document or a witness whose evidence I accept.

One fun footnote from the case was a non-substantive matter, Ms Lisa Wilkinson (b 1959), the Network 10 journalist at the centre of the defamation claim, objecting to being characterized as a “tabloid journalist”.  It transpired her employment history included stints with Dolly, the Australian Women’s Weekly and commercial television including the Beauty & the Beast show.  Unfortunately, she wasn’t asked to define what she thought “tabloid journalism” meant; perhaps Justice Lee decided he’d heard enough MRDAs that day.

On the basis that, on the balance of probabilities, Mr Lehrmann did rape Ms Higgins, his claim for damages against Network Ten for defamatory material earlier broadcast was dismissed.  The judge found the material indeed had the capacity to defame but because the imputations substantially were true, their defense was sustained.  So, the only millions of dollars now to be discussed concern the legal costs: who is to pay whom, the judge asking the party’s submission be handed to the court by 22 April.  Mr Lehrmann’s legal team has not indicated if they’re contemplating an appeal.

Saturday, April 6, 2024

Thug

Thug (pronounced thuhg)

(1) A cruel or vicious ruffian or robber; a violent, lawless person (applied almost always to men).

(2) One of a former group of professional robbers and murderers in India, known as the Thuggee, who strangled their victims; one of a band of assassins formerly active in northern India who worshipped Kali and offered their victims to her (sometimes initial capital letter).

(3) In domestic horticulture, an over-vigorous plant that spreads and dominates the flowerbed.

(4) A wooden bat used in the game of miniten, fitting around the player's hand. 

1810: From the Hindi ठग (thag) (used variously to mean swindler; fraud; rogue; cheat; thief), from the Ashokan Prakrit & Marathi hagg & thak (cheat; swindler), from the Sanskrit स्थग (sthaga) (cunning, fraudulent, to cover, to conceal) hence स्थगति (sthagati) (he/she/it covers, he/she/it conceals) from the Proto-Indo-Aryan sthagáti from the primitive Indo-European (s)teg (to cover with a roof).  Thug is a noun & verb, thuggery, thuggism, thuggishness & thugness are nouns, thuggish & thuglike are adjectives and thuggishly is an adverb; the noun plural is thugs.

Thugs under the Raj

Like much colonialism, the Raj was a pretty thuggish business so the antics of the thuggees should at least have been recognizable to the British.  Although known since 1810 as the Thuggees (soon clipped by the colonial administrators to "thugs"), there had been marauding gangs of thieves and murderers who plied their trade along the transport corridors between Indian towns for centuries, the correct Indian name for which was phanseegur (from phansi (noose)), their nefarious activities described in English as early as circa 1665 (and in Hindi texts, from the thirteenth century).

Thuggees at work.

The Thuggees roamed the country in bands of a few to some dozens, often disguised as peddlers or pilgrims, gaining the confidence of other travelers who, opportunistically, they would strangle with a scarf, an unwound turban or a noosed cord; the shedding of blood was rare.  While the motive of many was mere plunder, some practiced a certain religious fanaticism, the victims hidden in graves dug with consecrated tools, a third of the spoils devoted to the goddess Kali, worshiped by the gangs.  Under the Raj, the Thuggees were regarded a threat to internal security and from the early 1830s were subject to crackdowns by civil and military authorities; by the century's end, they’d ceased to exist.  Thug’s meaning-shift to the generalized sense of "ruffian, cutthroat, violent lowbrow" began in 1839 and was in use throughout the English-speaking world by the early twentieth century.  In the US, thug became associated with racism, used as a racist epithet applied specifically to African American men to portray them as violent criminals and when used thus, substituted for other racist slurs even by the 1930s were (at least outside the South) becoming socially unacceptable.  However, in what’s became known as "linguistic reclamation" a sub-set of the African American community adopted the word as an identifier, especially in some forms of popular music.

Peter Dutton, who has never denied being a Freemason.

In politics, the label "political thuggery" is liberally applied and while it’s usually a figurative reference, it’s not impossible Malcolm Turnbull (b 1954; prime-minister of Australia 2015-2018) was thinking literally when he described Peter Dutton (b 1970; leader of the opposition and leader of the Australian Liberal Party since May 2022) as “a thug”.  Such use isn’t new, the left-wing press in the UK fond of calling former cabinet minister Norman Tebbit (b 1931) a “Tory thug” which was a little unfair although his demeanour did little to discourage such an appellation.  It’s not always figurative and “political thuggery” can be used of the aggressive or violent tactics employed to secure some political end and this can extend to killings, in some places at scale.  One popular form is to “outsource” the dirty work by having mobs attack opposition rallies or meetings as well as the disruption effect this can provoke the impression one’s opponents are associated with violence, something especially easy to engender if there’s a compliant media anxious to support the campaign.  However, if some prominent figure is murdered, this tends to be called a “political assassination” and because of the potentially bad publicity, it’s a last resort; political thuggery is best when it stops short of murder.  Less bloody but still within the thuggish rubric are electoral dirty tricks including branch-stacking, ballot stuffing or tampering or any amount of deceptive advertising although it’s debatable if all forms of disinformation can truly be called political thuggery because propaganda can mislead while still being truthful.  Usually as clandestine as any operation is the practice of unlawful surveillance or espionage which can extend to wiretapping (including the modern digital equivalent) or infiltration of the organizational structures of one’s opponents and this can require some finesse so thuggery sometimes is a delicate business.  Delicate too is corruption and bribery which is practiced as widely as it is because few tactics are as effective.

Thursday, April 4, 2024

Rationale

Rationale (pronounced rash-uh-nal)

(1) The fundamental reason or reasons serving to account for something.

(2) A statement of reasons.

(3) A reasoned exposition of principles, especially one defining the fundamental reasons for a course of action or belief; a justification for action.

(4) A liturgical vestment worn by some Christian bishops of various denominations (now rare), the origin of which is the breastplate worn by Israelite high priests (a translation of λογεῖον (logeîon) or λόγιον (logion) (oracle) in the Septuagint version of Exodus 28)).  The French spelling (rational) of the Latin ratiōnāle was used in Biblical translations.

(5) In engineering, a design rationale is the explicit documentation of the reasons behind decisions made when designing a system; it was once used of what now would be described as a set of parameters.

1650-1660: From the Late Latin ratiōnāle (exposition of principles), nominative singular neuter of ratiōnālis (rational, of reason).  After some early inventiveness, the modern sense "fundamental reason, the rational basis or motive of anything" became standardised during the (1680s).  In the nature of such things, many rationales are constructed ex post facto.  Rationale is a noun; the noun plural is rationales or rationalia.

Prince Metternich & Dr Rudd: illustrating rationale & rational

Portrait of Prince Metternich (1822), miniature on card by Friedrich Lieder (1780-1859).

Rationale and rational are sometimes confused.  A rationale is a process variously of explanation, reason or justification of something that need not be at all rational (although many fashioned ex post facto are re-formulated thus).  To be rational, something must make sense and be capable of being understood by the orthodox, accepted methods of the time.  That something may subsequently be shown to be irrational does not mean it did not at some time appear rational; one can construct a rationale for even something irrational.  To construct a post-Napoleonic Europe, Prince Metternich (Prince Klemens of Metternich-Winneburg zu Beilstein (1773–1859); foreign minister of the Austrian Empire 1809-1848 & chancellor 1821-1848) built a rationale for the Congress of Vienna (1814-1815) that was well understood.  It was vision of a Europe, divided between the great powers, in which was maintained a perpetual balance of power which would ensure peace.  That in the two centuries since, the Congress has attached much criticism, largely for imposing a stultifying air of reaction on the continent, does not render the structure irrational nor detract from Metternich’s rationale.  Some historians have come to regard the congress more fondly and while it’s not true the consequence was a century of peace in Europe, it created a framework which meant a good number of decades in that time were notably less blood-soaked than what came before and certainly what followed.

Dr Rudd at the ceremony to be conferred DPhil, University of Oxford, September, 2022.

By 2009, Kevin Rudd ((b 1957); Prime Minister of Australia 2007-2010 & June-September 2013), having realised being prime-minister was a squandering of intellectual talent, embarked on a re-design of relationships in the Asia-Pacific, structured in a way to suit what was self-evidently obvious: he should assume regional leadership.  These things do happen when folk get carried away.  Not discouraged by the restrained enthusiasm for his good idea, Mr Rudd penned one of his wordy rationales which, to him, must have sounded rational but less impressed was just about everybody else in the region including his own cabinet and it’s difficult to recall any hint of interest from other countries.  Mr Rudd quibbled a bit, claiming his use of the word community was just diplomatic shorthand and he wasn’t suggesting anything like what the EU ever was or had become but just better way of discussing problems.  Anyway, it for a while gave him a chance to use phrases like “ongoing and continuing discussions” and “regional and sub-regional architecture” so there was that.  By 2010 the idea had been allowed quietly to die and he had more pressing problems.

Attaining the premiership was Rudd’s mistake.  Had he never achieved to position he’d probably be spoken of as “the best prime-minister Australia never had” but instead he’s among those (and of late there have been a few) remembered as the Roman historian Tacitus (circa 56–circa 120) in the first volume of his Histories (circa 100) wrote of Galba (3 BC–AD 69; Roman Emperor 68-69): "...omnium consensu capax imperii nisi imperasset" (everyone would have agreed he was qualified for governing if he had not held the office).  His background was as a senior public servant who provided advice to others so they could make decisions and he enjoyed a solid career which was clearly well-suited to his skills.  Unfortunately, when occupying the highest political office in the land, he proved indecisive and too often inclined to refer to committees matters which he should have insisted came to cabinet with the necessary documents.  His other character flaw was he seemed unable to understand there was a difference between “leadership” and “command”, unable to realise there was a difference between the structured hierarchy of the public service and the swirling clatter of politics.  His career in The Lodge (the prime-minister’s official residence in Canberra) can be recalled as the Italian historian and politician Francesco Guicciardini (1483–1540) noted of Pope Clement VII (1478–1534; pope 1523-1534): “knowledgeable and effective as a  subordinate, he fell victim when in charged to timidity, perplexity and habitual irresolution.  With that, the Italian writer Piero Vettori (1499–1585) concurred, writing: “From a great and renowned cardinal, he was transformed into a little and despised pope”, a sentiment familiar in the phrase repeated in militaries around the world (outstanding major; average colonel; lousy general) to describe that truism in organizational behaviour: “Everyone gets promoted to their own level of incompetence”.

That aphorism was from The Peter Principle (1970), written by Raymond Hull (1919–1985) and based on the research of Laurence Peter (1919–1990), the idea being someone who proves successful in one role will be promoted and if competent there, they will be promoted again.  However, should they fail, within the hierarchy, that is the point of their incompetence, the implication being that the tendency is, as time passes, more and more positions within a corporation will be filled by the incompetent.  The exceptions of course are (1) those competent souls who for whatever reason decline promotion and (2) the habitually successful who will in theory continue to be promoted until they reach the top and, if they prove competent there, this results in the paradox of the typical corporation being run by someone competent but staffed substantially by the incompetent.  In politics, reaching the top means becoming prime-minister, president or some similar office and as Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) described it: "...if he trips he must be sustained. If he makes mistakes they must be covered. If he sleeps he must not wantonly be disturbed. If he is no good he must be poleaxed.  In one of the more amusing recent episodes in politics, the Australian Labor Party (ALP) decided Dr Rudd had been promoted to the relevant point and poleaxed him, a back-stabbing which remains one of the best organized and executed seen in years.  Subsequently, the party concluded his replacement was even more of a dud and restored Dr Rudd to the job, a second coming which lasted but a few months but that was long enough for him to revenge himself upon the hatchet men responsible for his downfall so there was that.       

Still, after his political career (which can be thought a success because he did did reach the top of the “greasy pole” and the delivered the ALP a handsome election victory although their gratitude was short-lived (a general tendency in democracies noted (sometimes gleefully) by many political scientists)) he has been busy, even if the secretary-generalship of the United Nations (UN) (an office which is an irresistible lure for a certain type) proved elusive.  Recently he became Dr Rudd, awarded Doctorate of Philosophy (DPhil) by the University of Oxford.  His 420 page thesis, written over four years, explores the world view of Xi Jinping (b 1953; general secretary of the Chinese Communist Party (CCP) and paramount leader of the People's Republic of China (PRC) since 2013) and the relationship of his ideology to both the direction taken by the CCP and the links with the thoughts (and their consequences) of Chairman Mao (Mao Zedong 1893–1976; chairman of the Chinese Communist Party (CCP) 1949-1976).

Dr Rudd says his thesis argues “there has been a significant change in China’s ideological worldview under Xi Jinping compared with previous ideological orthodoxies under Deng Xiaoping, Jiang Zemin and Hu Jintao [and summarises] Xi’s worldview as a new form of ‘Marxist-Leninist Nationalism’”.  Dr Rudd says he preferred “Marxist Nationalism” because “the term contains within it three core propositions”: (1) “Xi’s Leninism has taken both the party and Chinese politics in general to the left” (and he defines “left” for these purposes as …the reassertion of the power of the party over all public policy as well as elevating the position of the individual leader against the rest of collective leadership”), (2) “Xi’s notion of Marxism has similarly taken the centre of gravity of Chinese economic thought to the left” ("left" in this aspect defined as “…a new priority for party-state intervention in the economy, state-owned enterprises over the private sector and a new ideology of greater income equality”) and (3) “Xi has also taken Chinese nationalism to the right (“right” here meaning “a new assertion of Chinese national power as reflected in a new array of nationalist ‘banner terms’ that are now used in the party’s wider ideological discourse.”)  Dr Rudd views these three forces as …part of a wider reification of the overall role of ideology under Xi Jinping. This has been seen in the fresh application of Marxist Leninist concepts of dialectical materialism, historical materialism, the primary stage of socialism, contradiction and struggle across the range of China’s current domestic and international challenges. The role of nationalism has also been enhanced within Xi’s new ideological framework. This hybrid form of Marxist Nationalist ideology is also being increasingly codified within the unfolding canon of Xi Jinping thought. 

Finally, the thesis argues there is a high degree of correlation between these ideological changes on the one hand and changes in the real world of Chinese politics, economic policy and a more assertive foreign policy on the other - including a different approach to Chinese multilateral policy as observed by diplomatic practitioners at the UN in New York.  The thesis concludes these changes in Xi Jinping’s ideological worldview and its impact on Chinese politics and public policy is best explained by a theoretical framework that integrates Authoritarian Resilience Theory, the realist and constructivist insights of the English School of International Relations Theory, and Foreign Policy Analysis.  Clearly, Dr Rudd thinks the CCP has come a long way since comrade Stalin (1878-1953; Soviet leader 1924-1953) casually dismissed Maoist theory as “ideologically primitive”.

Since March 2023, Dr Rudd has served as Australian Ambassador to the United States, the announcement of the appointment attracting some speculation there may be a secret protocol to the contract, providing for him to report to the prime-minister rather than the foreign minister.  It was mischievous speculation and there has been little but praise for the solid work he has been doing in the Washington embassy.  Dr Rudd’s role attracted headlines in March 2022 when a interview with Donald Trump (b 1946; US president 2017-2021) was broadcast in which the former president was acquainted (apparently for the first time) with some uncomplimentary assessments Dr Rudd had made of him including describing him “the most destructive president in history” and “a traitor to the West”.

Having doubtless heard and ignored worse over the years, Mr Trump seemed little concerned but did respond in his usual style, observing he didn’t know much about Dr Rudd except he’d heard he was “a little bit nasty” and “not the brightest bulb”, adding “he’d not be there long” if hostile to a second Trump presidency.  Trumpologists analysing these thoughts suggested the mildness of the reaction indicated the matter was unlikely to be pursued were he to return to the Oval Office, noting his habit of tending to ignore or forget about anything except actual threats to his immediate self-interest.  After taking office in 2017, when asked if he would pursue the legal action he’d during the campaign threatened against Bill (b 1946; US president 1993-2001) & crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) (mostly on the basis of crooked Hillary’s crooked crookedness), he quickly brushed it off saying: “No, they’re good people” and moving on.  It’s thought Dr Rudd won't end up in the diplomatic deep-freeze, the most severe version of which is for a host nation to declare a diplomat "persona non grata" (the construct being the Latin persōna (person) + nōn (not) + grāta (from grātus (acceptable)), the consequence of which is an expulsion from the territory and the worst fate he may suffer is not receiving an invitation to a round of golf (something unlikely much to upset him).  Others however should be worried, in a second Trump White House, there will be vengeance.

Like "diplomatic toothache" and "null & void", the phrase "persona non gratia" has become part of general language, the utility being in few words describing what would otherwise take many more.  Impressionistically, it would seem "troubled starlets" are more than most declared "persona non gratia".

Tuesday, March 19, 2024

Slag

Slag (pronounced slag)

(1) The substantially fused and vitrified matter separated during the reduction of a metal from its ore; also called cinder.

(2) The scoria (the mass of rough fragments of pyroclastic rock and cinders produced during a volcanic eruption) from a volcano.

(3) In the post-production classification of coal for purposes of sale, the left-over waste for the sorting process; used also of the waste material (as opposed to by-product) from any extractive mining.

(4) In industrial processing, to convert into slag; to reduce to slag.

(5) In the production of steel and other metals, the scum that forms on the surface of molten metal.

(6) In commercial metallurgy, to remove slag from a steel bath.

(7) To form slag; become a slaglike mass.

(8) In slang, an abusive woman (historic UK slang, now a rare use).

(9) In slang, a term of contempt used usually by men of women with a varied history but now to some degree synonymous with “unattractive slut” (of UK origin but now in use throughout the English-speaking world and used sometimes also of prostitutes as a direct synonym, the latter now less common).

(10) In the slang of UK & Ireland, a coward (now regionally limited) or a contemptible person (synonymous with the modern “scumbag” (that use still listed by many as “mostly Cockney” but now apparently rare).

(11) In Australian slang, to spit.

(12) Verbally to attack or disparage somebody or something (usually as “slag off”, “slagged them”, “slagged it off” etc); not gender-specific and used usually in some unfriendly or harshly critical manner; to malign or denigrate.  Slang dictionaries note that exclusively in Ireland, “slagging off” someone (or something) can be used in the sense of “to make fun of; to take the piss; the tease, ridicule or mock” and can thius be an affectionate form, rather in the way “bastard” was re-purposed in Australian & New Zealand slang.

1545–1555: From the Middle Low German slagge & slaggen (slag, dross; refuse matter from smelting (which endures in Modern German as Schlacke)), from the Old Saxon slaggo, from the Proto-West Germanic slaggō, from the Proto-Germanic slaggô, the construct being slag(ōną)- (to strike) + - (the diminutive suffix).  Although unattested, there may have been some link with the Old High German slahan (to strike, slay) and the Middle Low German slāgen (to strike; to slay), the connection being that the first slag from the working of metal were the splinters struck off from the metal by being hammered.  Slāgen was from Proto-West Germanic slagōn and the Old Saxon slegi was from the Proto-West Germanic slagi.  Slag is a noun & verb, slagability, deslag, unslag & slaglessness are nouns, slagish, slagless, slagable, deslagged unslagged, slaggy & slaglike are adjectives and slagged, deslagged, unslagged, slagging, deslagging & unslagging are verbs; the noun plural is slags.  As an indication of how industry use influences the creation of forms, although something which could be described as “reslagging” is a common, it’s regarded as a mere repetition and a consequence rather than a process.

In the UK & Ireland, the term “slag tag” is an alternative to “tramp stamp”, the tattoo which appears on the lower back.  Both rhyming forms seem similarly evocative.

The derogatory slang use dates from the late eighteenth century and was originally an argot word for “a worthless person or a thug”, something thought derived from the notion of slag being “a worthless, unsightly pile” and from this developed the late twentieth century use to refer to women and this is thought to have begun life as a something close to a euphemism for “slut” although it was more an emphasis on “unattractiveness”.  The most recent adaptation is that of “slagging off” (verbal (ie oral, in print, on film etc) denigration of someone or something, use documented since 1971 although at least one oral history traces it from the previous decade.  In vulgar slang, slag is one of the many words used (mostly) by men to disparage women.  It’s now treated as something akin to “slut” (in the sense of a “women who appears or is known to be of loose virtue) but usually with the added layer of “unattractiveness”.  The lexicon of the disparaging terms men have for women probably doesn’t need to precisely to be deconstructed and as an example, in the commonly heard “old slag”, the “old” likely operates often as an intensifier rather than an indication of age; many of those labeled “old slags” are doubtless quite young on the human scale.  Still, that there are “slags” and “old slags” does suggest men put some effort into product differentiation.

How slag heaps are created.

All uses of “slag”, figurative & literal, can be traced back to the vitreous mass left as a residue by the smelting of metallic ore, the fused material formed by combining the flux with gangue, impurities in the metal, etc.  Although there’s much variation at the margins, typically, it consists of a mixture of silicates with calcium, phosphorus, sulfur etc; in the industry it’s known also as cinder and casually as dross or recrement (the once also-used "scoria" seems now exclusively the property of volcanologists).  When deposited in place, the piles of slag are known as “slag heaps” and for more than a century, slag heaps were a common site in industrial regions and while they still exist, usually they’re now better managed (disguised).  A waste-product of steel production, slag can be re-purposed or recycled and, containing a mixture of metal oxides & silicon dioxide among other compounds, there is an inherent value which can be realized if the appropriate application can be found.  There are few technical problems confronting the re-use of slag but economics often prevent this; being bulky and heavy, slag can be expensive to transport so if a site suitable for re-use is distant, it can simply be too expensive to proceed.  Additionally, although slag can in close to its raw form be used for purposes such as road-base, if any reprocessing is required, the costs can be prohibitive.  The most common uses for slag include (1) Landfill reclamation, especially when reclaiming landfills or abandoned industrial sites, the dense material ideal for affording support & stability for new constructions, (2) the building of levees or other protective embankments where a large cubic mass is required, (3) in cement production in which ground granulated blast furnace slag (GGBFS) can be used as a supplementary component material of cement, enhancing the workability, durability and strength of concrete, (4) manufacturing including certain ceramics & glass, especially where high degrees of purity are not demanded, (5) as a soil conditioner in agriculture to add essential nutrients to the soil and improve its structure, (6) as a base for road-building and (7) as an aggregate in construction materials such as concrete and asphalt.  The attraction of recycling slag has the obvious value in that it reduces the environmental impact of steel production but it also conserves natural resources and reduces the impact of the mining which would otherwise be required.  However, the feasibility of recycling slag depends on its chemical composition and the availability of an appropriate site.

Harold Macmillan, Epsom Derby, Epsom Downs Racecourse, Surrey, 5 June 1957.

The word “slag” has been heard in the UK’s House of Commons in two of the three senses in which it’s usually deployed.  It may have been used also in the third but the Hansard reporters are unlikely to have committed that to history.  In 1872, Benjamin Disraeli (1804-1881, UK prime-minister Feb-Dec 1868 & 1874-1880) cast his disapproving opposition leader’s gaze on the cabinet of William Gladstone (1809–1898; prime-minister 1868–1874, 1880–1885, Feb-July 1886 & 1892–1894) sitting on the opposite front bench and remarked: “Behold, a range of extinct volcanoes; not a flame flickers upon a single pallid crest.”.  Sixty-odd years later, a truculent young Harold Macmillan (1894–1986; UK prime-minister 1957-1963) picked up the theme in his critique of a ministry although he was slagging off fellow Tories, describing the entire government bench as “a row of disused slag heaps”, adding that the party of Disraeli was now “dominated by second-class brewers and company promoters.  Presumably Macmillan thought to be described as a “slag heap” was something worse than “extinct volcano” and one can see his point.  The rebelliousness clearly was a family trait because in 1961, when Macmillan was prime-minister, his own son, by then also a Tory MP, delivered a waspish attack on his father’s ministry.  When asked in the house the next day if there was “a rift in the family or something”, Macmillan said: “No.”, pausing before adding with his Edwardian timing: “As the House observed yesterday, the Honorable Member for Halifax has both intelligence and independence.  How he got them is not for me to say."

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

Although lacking the poise of Macmillan, Philip Hollobone (b 1964; Tory MP for Kettering since 2005), knew honor demanded he respond to Lindsay Lohan “slagging off” his constituency.  What caught the eye of the outraged MP happened during Lindsay Lohan’s helpful commentary on Twitter (now known as X) on the night of the Brexit referendum in 2016, the offending tweet appearing after it was announced Kettering (in the Midlands county of Northamptonshire) had voted 61-39% to leave the EU: “Sorry, but Kettering where are you?

Philip Hollobone MP, official portrait (2020).

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

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