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

Tuesday, September 26, 2023

Can

Can (pronounced kan)

(1) A sealed container for food, beverages etc, by convention made from aluminum, iron coated with tin or another metal (has now become a common form even on parts of the English-speaking world where “tin” was the traditional use (the form “tin can” covering all bases).

(2) A receptacle for garbage, ashes, etc (often as “trash can”)

(3) A bucket, pail, or other container used usually for holding or carrying liquids.

(4) A drinking cup; a tankard.

(5) A shallow, cylindrical (usually aluminum, cardboard or plastic) container made in various sizes and used for storing and handling film on cores or reels (often used in the phrase “in the can” to indicate the completion of something).

(6) In slang (mildly vulgar), of US military origin, the latrine; the toilet.

(7) In slang, jail; prison (often in the phrase “in the can”).

(8) In slang (mildly vulgar), the buttocks (always in the plural).

(9) In audio engineering, a set of headphones which cover the ears (always in the plural).

(10) In admiralty slang, a depth charge (in the US Navy used also as a slang term for a destroyer, the “utility” warship in size historically between a frigate and cruiser).

(11) In slang, to discard something; to throw away.

(12) In slang, to throw something away;

(13) In slang, to stop something (a project, discussion etc).

(14) In many places, an alternative to “canx” as an abbreviation for “cancelled” (notably by those who have standardized on three-character codes)

(15) In military ordnance, a standard abbreviation for “canon”.

(16) For some purposes, the abbreviation for “Canada” & “Canadian”.

(17) To be able to; to possess the necessary qualifications, skill or knowledge; to know how to; to have the power, authority or means to.

(18) To have the possibility.

(19) To know (obsolete).

(20) To seal a substance (usually food) in a can; to preserve by sealing in a can (can also be used of substances stored in glass jars etc.

(21) In slang, to dismiss from employment; to fire.

(22) In film & television, to record on film, tape or some other medium (based on the physical “cans” in which films were stored).

Pre 900: From the Middle English, from the Old English cunnan (to know, know how) and cognate with the German & Gothic kann (know), the Old Norse kunna, Old High German kunnan, the Latin cognōscere (to know) and the Sanskrit jānāti (he knows).  The use to describe the receptacle emerged some decades later and was from the Middle English canne, can & cane, from the Old English canne and cognate with the German Kanne, the Old Norse and Old High German kanna, the Irish gann and the Swedish kana, all of which may be of West Germanic origin.  In the Late Latin, a canna was a “small drinking vessel”.  Can is a verb & noun, canned & canning are verbs; the noun plural is cans.

In Singlish, “can” is a versatile word.  Singlish (the construct a portmanteau of Sin(gapore) + (Eng)lish)) is still known by some language specialists as Colloquial Singaporean English but the blend is a more popular description and aligns the variation with flavors like Spanglish (Spanish influenced English), Hinglish (Hindi influenced English) & Konglish (Korean influenced English).  In Singapore, Singlish is used in parallel with Singaporean Standard English (differing usually from British English only in the accents although standards in the Far East tend generally to be higher) and it’s been documented since the 1960s although the linguistic tradition is much older.  In Singlish, the meaning of “can” can vary according to the relationship between the speakers and the tone of voice used although essentially it means “yes”, the nuances learned through use. For example Can or not? means “Can you do this?” to which the reply is Can (yes).  As a politeness, that might be responded to by Can meh? (Are you sure?), the expected answer being Can lah! (Yes of course!).  Inevitably, that begat Cannot lah!

In idiomatic use, a “can of worms” is a complicated, difficult, distasteful problem and if applied in retrospect it’s often of something which proved insoluble.  To “carry the can” is to take responsibility for something (particularly if challenging or troublesome); when used in the form “left carrying the can” it implies the task has been “dumped on one”, all others having evaded task.  It’s believed “carry the can” has its origin in the undesirable task of “latrine duty” in the military which required one literally to carry away from the temporary latrines “cans of shit” (also the origin of “can” as a slang word for “toilet”.  To “kick the can down the road” is delay dealing with a problem, the idea being of not then picking up the can as one eventually must.  “In the can” indicates something is complete, arranged, agreed or finalized and was from film production, the cores or reels of processed and edited films being stored “in the can” (a shallow, cylindrical (usually aluminum, cardboard or plastic) container made in various sizes to suit different film stocks.  To be a “can do” sort of person is to be dynamic, positive and anxious to accept a challenge.  The politician Campbell Newman (b 1963; premier of the Australian state of Queensland 2012-2015) described himself as “Can do Campbell” and enjoyed a fine election victory but it ended badly; in the next he suffered one of the bigger landslides in modern political history losing even his own seat.  “Canned laughter” was the process by which “laughter tracks” were spliced into the recordings of television comedies for subsequent broadcast, emulating a live (and appreciative) audience.  It’s often been regarded cynically but all the research suggests it really did work.  The popular phrase ”no can do” indicates an inability or unwillingness to do something.

Yes we can

Barack Obama (b 1961; US president 2009-2017) more than once observed he thought the speeches he wrote were better than any which came from his speechwriters and one can see his point but one of the reasons his presidency is regarded as insubstantial is that his words were more impressive than his deeds.  He was elected president and awarded the Nobel Prize for the same reason: He wasn’t George W Bush (George XLIII, b 1946; US president 2001-2009).  He promised much, exemplified by the phrase “…yes, we can” which expertly he worked into a speech he delivered in Nashua, New Hampshire on 8 January 2008, during the Democratic primaries while campaigning against crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) for the party’s nomination:

…and tonight, I think about all that she's seen throughout her century in America — the heartache and the hope; the struggle and the progress; the times we were told that we can't and the people who pressed on with that American creed: Yes, we can.

At a time when women's voices were silenced and their hopes dismissed, she lived to see them stand up and speak out and reach for the ballot. Yes, we can.

When there was despair in the Dust Bowl and depression across the land, she saw a nation conquer fear itself with a New Deal, new jobs and a new sense of common purpose. Yes, we can.

When the bombs fell on our harbor and tyranny threatened the world, she was there to witness a generation rise to greatness and a democracy was saved. Yes, we can.

She was there for the buses in Montgomery, the hoses in Birmingham, a bridge in Selma and a preacher from Atlanta who told a people that "We Shall Overcome." Yes, we can.

A man touched down on the moon, a wall came down in Berlin, a world was connected by our own science and imagination. And this year, in this election, she touched her finger to a screen and cast her vote, because after 106 years in America, through the best of times and the darkest of hours, she knows how America can change. Yes, we can.

America, we have come so far. We have seen so much. But there is so much more to do. So tonight, let us ask ourselves: If our children should live to see the next century; if my daughters should be so lucky to live as long as Ann Nixon Cooper, what change will they see? What progress will we have made?

This is our chance to answer that call. This is our moment. This is our time — to put our people back to work and open doors of opportunity for our kids; to restore prosperity and promote the cause of peace; to reclaim the American Dream and reaffirm that fundamental truth that out of many, we are one; that while we breathe, we hope, and where we are met with cynicism, and doubt, and those who tell us that we can't, we will respond with that timeless creed that sums up the spirit of a people: Yes, we can.

As a rhetorical device, the repetition of “yes we can” worked well and he deserves credit also for the skill with which it was delivered; few US politicians since Ronald Reagan (1911-2004, US president 1981-1989) have shown such a flair for timing and effect and Reagan had the advantage of decades of practice under the tutelage of some of the best film directors.  But in office, reality bit and Obama soon understood why so many of his predecessors had commented that one surprise as president was how difficult it was to get anything done and the more that involved change, the harder it was.  On the night, “yes we can” thrilled many but among Republicans and even some factions in his own party, the spirit was somewhere between “no we probably shouldn’t” and “no we won’t”.  Still, he may have convinced himself because in his farewell address in Chicago in January 2017 he reprised “yes we can” before pausing for effect and adding “…yes we did”.  Dutifully, the audience applauded.

Soda agnostic Lindsay Lohan with (clockwise from top left) can of Rehab, can of Coca-Cola, can of Red Bull, Can of Pink Ginseng, can of Sunkist Soda & can of Pepsi Cola.  The car in the "Rehab" shot is a 2006 Mercedes-Benz SL 65 (R230; 2004-2011) which, flachkühlered, would later feature in the tabloids after a low-speed crash.

In the matter of can & may.

"Can" and "may" are modal verbs and the grammar Nazis police their use with some relish and for those who care about such things, there are frequent instances of misuse.  Can & may are sometimes interchangeable: just about anywhere on the planet it can at some time rain but it’s as correct to say it may at some time rain.  In some cases too, neither can nor may might be the appropriate word to use even if both are grammatically correct:  It’s really not helpful to ask: “Can I believe anything said by crooked Hillary Clinton?” or “May I believe anything said by crooked Hillary Clinton?” because the better choice is “Should I believe anything said by crooked Hillary Clinton?  The answer is of course: “No”.  Still, the general principle is “can” is used of possibilities and “may” of permissions”, illustrated by the companion sentences “I can swim” & “May I go swimming”.  One of the quirks of English which may account for some the undue popularity of “can” is that while can’t has since the eighteen century been one of the language’s most commonly used contractions, “mayn’t is listed by most authorities as rare or archaic (though extinct might more reflect reality).  That was probably because can’t more effortlessly rolls from the tongue.

Campbell's Soup Cans (1962), acrylic with metallic enamel paint on canvas by Andy Warhol (1928–1987).

One of the landmarks of pop-art, Warhol’s Campbell's Soup Cans (1962), is a piece which depends for its effect, not on its content but its intent and there was a randomness of chance in the choice of subject.  The artist explained it by revealing for some twenty years he’d been having a can of the stuff for his lunch, thereby accounting for the motif of “the same thing over and over again”, a idea he’d reprise with variations for the rest of his life.  Had his habit been to enjoy sardines for lunch instead, the painting would have looked different but the meaning would not have changed.  It’s was also an coincidence of capitalism that 32 cans appear, that happening because at the time the company offered that many flavors but had they offered 36, the work would have contained that many.  Presumably, had the range been 29, 31 or some other number symmetrically more challenging things might have differed in detail but the concept would have survived.  Repeating the nearly identical image, the canvases stress the uniformity and ubiquity of the product’s packaging and subvert the idea of painting as a medium of invention and originality.  Although pop-art had at the time a newness about it, Campbell's Soup Cans was another step in the path art had taken since 1917 when Marcel Duchamp (1887–1968) had submitted a porcelain urinal for display in an art gallery, his purpose being to have people question whether art was defined by what it was or the context in which it appeared.  Does anything become art if it's put in an art gallery?  It was an confronting question and we’ve been living with its implications since, none more so than Ted Cruz (b 1970; US senator (Republican-Texas) since 2013), cans of "Campbell's Big'n Chunky Soup" his favorite food.  In 2016 he told US Weekly: "When I'm away from the family, in Washington DC, my dinner is a can of soup.  I have dozens in the pantry" and in that count he may be being untypically modest; his wife revealed that after their honeymoon, he returned from a trip to the grocery store with (literally) 100 cans. 

Campbell's Soup (Limited Editions).

On several occasions, the Campbell brand has taken advantage of the famous association and produced editions of soup cans with Warhol style labels complete with the artist's printed signature.  The first two runs used color schemes close to those which appeared in the 1962 work but the most recent was rather more garish with some changes to the layout.  A notable difference was the customers weren’t required to purchase 32, the cans sold individually.  In a development which Warhol would doubtless have applauded, the cans soon appeared on sites like eBay for three figure US$ sums, a healthy appreciation for their original RRP between US$1-2. 

Saturday, October 10, 2020

Frazil

Frazil (pronounced frey-zuhl, fraz-uhl, fruh-zeel, frey-zil, fraz-il or fruh-zil (regionally variable)).

Ice crystals formed in turbulent water, as in swift streams or rough seas (moving enough to prevent the formation of a sheet of ice).

1885-1890: A borrowing in US English, from the Canadian French frasil, frazil & fraisil, from the French fraisil (forge (or coal) cinders), from the Old French faisil, ultimately from the Latin fax (torch, firebrand; fireball, comet; cause of ruin, incitement), from the primitive Indo-European ǵhwehk- (to shine) and cognate with facētus (elegant, fine; courteous, polite; witty, jocose, facetious) and the Lithuanian žvakė (candle) and there’s also a speculative link to the Etruscan word for face (which may also have meant torch).  Frazil is a noun and adjective and has been used as a (non-standard) verb; the noun plural is frazils.

The freezing point of water is 273.15 K (32o F (0o C)), but it can be super-cooled to almost 231 K if there are no nuclei for the ice crystals (ie the water is very pure).  Frazil ice forms in turbulent, very cold water and consists of small discs of ice as small as 1-4 millimeters in diameter and 1-100 microns in thickness (there can be one million ice crystals per m3 of water).   As the crystals grow, they will stick to objects in the water, tending to accumulate on the upstream side of objects and this can cause ice dams to form and serious flooding can result in unpredictable places because creeks and other waterways can change directions in response to the movement and accumulation of frazil ice.  Lovely to watch, frazil ice can pose a problem for hydroelectric power-plants because, in bulk, it can block turbine intakes or freeze open gates.   Fish can also suffer and in oceans, frazil ice forms around coastlines or ice packs found in open seas and the behavior of the substance (in this context an aspect of fluid dynamics) has required the development of protocols by the oil and gas industry for use when working in arctic regions.  For those who struggle to visualize frazil, it’s something like the slushies sold in convenience stores.

Available in more than a dozen flavors, Frazil is a brand-name of the slushie sold by US frozen drinks company Freezing Point.

As the crystals grow, they will stick to objects in the water, tending to accumulate on the upstream side of objects and this can cause ice dams to form and serious flooding can result in unpredictable places because creeks and other waterways can change directions in response to the movement and accumulation of frazil ice.  Lovely to watch, frazil ice can pose a problem for hydroelectric power-plants because, in bulk, it can block turbine intakes or freeze open gates.   Fish can also suffer and in oceans, frazil ice forms around coastlines or ice packs found in open seas and the behavior of the substance (in this context an aspect of fluid dynamics) has required the development of protocols by the oil and gas industry for use when working in arctic regions.  The actions of waves and currents creates a turbulent state which causes the water column to become super-cooled by the process of heat exchange between air and water, the temperature dropping below its freezing point.  In rivers and creeks, the vertical mixing induced by the turbulence generates sufficient energy to overcome the crystals' buoyancy, thus keeping them from floating to the surface while in oceans, the winds, waves and cold air combine to create a super-cooled layer.

Frazil ice, Yosemite National Park.

Friday, April 22, 2022

Interpolate & Extrapolate

Interpolate (pronounced in-tur-puh-leyt)

(1) To introduce (something additional or extraneous) between other things or parts; interject; interpose; intercalate; to make additions, interruptions, or insertions.

(2) In mathematics, to estimate (a value of a function) between the values already known or determined.

(3) To alter a text by the insertion of new matter (with a long history of being applied especially if done deceptively or without authorization but technically a neutral term and can be used either way).

(4) To insert (additional or spurious material) in this manner.

1605–1615: From the Latin interpolātus, past participle of interpolātus & interpolāre (to make new, refurbish, touch up; to give a new appearance to), the construct being inter- (between, among, together) + -polā- (verb stem (akin to polīre (to smooth or polish) + -tus (the past participle suffix) from polare, from the primitive Indo-European root pel- (to thrust, strike, drive), the connecting notion being "to full cloth".  The sense evolved in Latin from the neutral "refurbish" to the slightly more loaded "alter appearance of" to the actually accusative "falsify” (especially or specifically by adding new material".  By the early fifteenth century Middle English had gained interpolen in a similar sense and by the 1650s also interpolator, from the Late Latin interpolator (one who corrupts or spoils), agent noun from past participle stem of Latin interpolāre.  The noun interpolation (that which is interpolated) dates from the 1670s and appears to have evolved both from the seventeenth century French interpolation and directly from the Latin interpolationem (nominative interpolatio) from the past participle stem of interpolāre.  Interpolate, interpolated & interpolating are verbs, interpolater (or interpolator) & interpolation are nouns, interpolable, interpolatory, interpolative are adjectives and interpolatively is an adverb.

Extrapolate (pronounced ik-strap-uh-leyt)

(1) To infer (an unknown) from something that is known; an evidence-based conjecture.

(2) In statistics, to estimate (the value of a variable) outside the tabulated or observed range.

(3) In mathematics, to estimate (a function that is known over a range of values of its independent variable) to values outside the known range.

(4) To perform extrapolation.

1830s: The construct was extra- + -polate (extracted and borrowed from interpolate).  The verb extrapolate in the sense of “make an approximate calculation by inferring unknown values from trends in the known data" became popular among astronomers, statisticians, economists & mathematicians after appearing in an 1862 Harvard Observatory account of Comet Donati (Donati's Comet (C/1858 L1 & 1858 VI)) in 1858).  In contemporary accounts, it was said to have been a word used since the 1830s by English mathematician and astronomer Sir George Airy (1801-1892).  Extrapolation (an approximate calculation made by inferring unknown values from trends in the known data) dates from 1867 and was the noun of action from extrapolate by analogy with the long-established interpolation although the original sense was "an inserting of intermediate terms in a mathematical series", the transferred sense of "drawing of a conclusion about the future based on present tendencies" adopted since 1889.  Extrapolate, extrapolated & extrapolating are verbs, extrapolater (or extrapolator) & extrapolation are nous, extrapolable, extrapolatory, extrapolative are adjectives and extrapolatively is an adverb.

Extrapolation and Interpolation

The common root of the words is the Latin verb (polīre) meaning “to polish” which in this context means “adding finish” to a data-set by adding what’s missing but the prefix is most useful in distinguishing between the two, inter- meaning “between” or “among,” and extra-, “outside” or “beyond”.  The two words look similar and at first glance it’d be not unreasonable to assume they might be antonyms but, although related in use and tangled in history, they are used in different ways and, one highly nuanced and the other sometimes applied correctly but inducing the drawing of erroneous or at least misleading conclusions.  Interpolation refers to inserting something between other things, while extrapolation is the act of drawing conclusions about something unknown based on what is known.  In mathematics, the meanings are uncontroversial in that interpolation is the process of determining an unknown value within a sequence based on other points in that set, while extrapolation is the process of determining an unknown value outside of a set based on the existing data (often expressed as a “curve”).  Interpolation is a commonly used tool of mathematicians, statisticians and others in the data-based sciences where it’s necessary to determine a function’s value based on the value of other points, an unknown value within the sequence is determined based on what else is in the sequence.

Interpolation, used beyond mathematics can be a loaded word because it’s the act of introducing something (additional or extraneous) between other parts, usually in text or musical notation and thus the technical equivalent of “insert” or (sometimes) “interject or interpose”.  Interpolation can thus be a merely neutral description but because of the history of the word (in Latin it evolved from the neutral "refurbish" to the slightly more loaded "alter appearance of" to the actually accusative "falsify” (especially or specifically by adding new material"), can imply that what has been inserted is spurious, false, misleading or done with some other nefarious purpose.  It’s thus a word which needs to be used with caution lest implications be drawn where no inference was intended.

A big word with lots of syllables, interpolate may be unfamiliar to many and that’s maybe why sometimes it’s been used apparently in an attempt to impart some sense of gravitas or perhaps disguise what’s really happening.  In pop music, sampling, the interpolation of other people’s music into one’s own is now probably a sub-genre and it’s well understood although, despite the involvement of courts and copyright lawyers, the distinctions between sampling, interpretation and actual appropriation although well-trimmed, remain frayed at the margins and all three can be interpolated.  One derided as a form of plagiarism, sampling seems to have gained respectability, at least among those who practice the art, the critical legal device apparently being to sample by using a fragment from a previously recorded song, but re-recording rather than directly copying the original.  The origin of the practice appears to be as the work-around for when the copyright holder refuses to license the original for sampling purposes.  Use in this way, only a publisher’s permission is required although in some common-law jurisdictions, the original can be subject to a compulsory licensing regime.

Extrapolation is related to deduction, an act of drawing a conclusion about something unknown based on what is known so the verb extrapolate is often used synonymously with infer and deduce.  However, in mathematics, while the act of interpolation involves a closed data set with defined low and high values, extrapolation involves estimating the value of a variable or function outside an observed range so it can be necessary to understand the context (social, economic etc) of the numbers being used in the exercise.  A Roll-Royce dealership which has a good month and sells ten cars should probably not from that data-set extrapolate that in the year ahead they will sell 120; other factors need to be considered beyond the simple math.

Xanax (Alprazolam), a fast-acting benzodiazepine.  It is marketed as anti-anxiety medication.

Lindsay Lohan released the track Xanax in 2019.  With a contribution from Finnish pop star Alma (Alma-Sofia Miettinen; b 1996), the accompanying music video was said to be “a compilation of vignettes of life”, Xanax reported as being inspired by Ms Lohan’s “personal life, including an ex-boyfriend and toxic friends”.  Structurally, Xanax was quoted as being based around "an interpolation ofBetter Off Alone, by Dutch Eurodance-pop collective Alice Deejay, slowed to a Xanax-appropriate tempo.


Lindsay Lohan risked going straight to Hell by creating a promotional meme featuring Pope Francis (b 1936; Roman Catholic Pope since 2013).  Cryptically captioned Blessed Be The Fruit, it included an image of the art-work used for her debut album Speak (2004).  Given the problems he's expected to manage, solve or conceal (depending on the circumstances), most would forgive the pope if he popped the odd Xanax.


The original photograph (top left) was taken in 2013 during a mass conducted in the Catedral Basílica do Santuário Nacional de Nossa Senhora Aparecida (Cathedral Basilica of the National Shrine of Our Lady Aparecida) in Aparecida, Brazil.  His Holiness was at the time administering communion.  It has since proved a popular photograph for meme-makers interpolating optical discs.

Xanax by Lindsay Lohan

I don't like the parties in LA, I go home
In a bad mood, pass out, wake up alone
Just to do it all over again, oh
Looking for you

Only one reason I came here
Too many people, I can't hear
Damn, I got here at ten
Now it's 4 AM

I can't be in this club
It's too crowded and I'm fucked
Ain't nobody here for love
Ain't nobody care about us
I got social anxiety, but you're like Xanax to me, yeah
Social anxiety, when you kiss me, I can't breathe
No, I can't be in this club
It's too crowded and I'm fucked
Ain't nobody here for love
Ain't nobody care 'bout us
 
I got social anxiety, but you're like Xanax to me, yeah
Social anxiety, when you kiss me, I can't breathe, yeah
 
But you're like Xanax to me
When you kiss me, I can't breathe
 
I try to stay away from you, but you get me high
Only person in this town that I like
Guess I can take one more trip for the night
Just for the night
 
Only one reason I came here
Too many people, I can't hear
Damn, I got here at ten
Now it's 4 AM
 
I can't be in this club
It's too crowded and I'm fucked
Ain't nobody here for love
Ain't nobody care about us
I got social anxiety, but you're like Xanax to me, yeah
Social anxiety, when you kiss me, I can't breathe
No, I can't be in this club
It's too crowded and I'm fucked
Ain't nobody here for love
Ain't nobody care 'bout us
 
I got social anxiety, but you're like Xanax to me, yeah
Social anxiety, when you kiss me, I can't breathe, yeah
 
But you're like Xanax to me
When you kiss me, I can't breathe
 
But you're like Xanax to me
When you kiss me, I can't breathe

Xanax lyrics Universal © Music Publishing Group


Saturday, July 20, 2024

Natation

Natation (pronounced ney-tey-shuhn or na-tey-shuhn)

(1) The act of swimming

(2) The craft or skill of swimming.

1535-1545: From the Latin natātiōn(em) (nominative natātiō) (a swimming; a swimming-place) noun of action from the past-participle stem of natāre (to swim), from the primitive Indo-European root sneh & neh- (to flow, to swim).  The –ion suffix was from the Middle English -ioun, from the Old French -ion, from the Latin -iō (genitive -iōnis).  It was appended to a perfect passive participle to form a noun of action or process, or the result of an action or process.  The construct of the Latin natātiō was natō (swim, float), the construct being the frequentative of +‎ -tiō.  was used in the sense of “to swim” or “to” and as a poetic device “to sail”, “to flow”, “to fly”) and was from the Proto-Italic snāō, from sneh-yé-ti & neh-yé-ti, from sneh & neh- (to flow, to swim).  It was cognate with the Ancient Greek νάω (náō).  In English, “swimming lessons” sound mundane but to English-speaking ears, the French leçons de notation sounds poetic; a French swimming pool is a natatorium.  Natation, natatorium, natator & natatory are nouns and natant, natatorial & natational are adjectives; the noun plural is natators.

Lindsay Lohan in a natatorial image, floating in the azure waters of the Aegean, June 2022.

Although notation does have some technical uses in scientific publications, it’s most often used as a poetic or literary device to refer to swimming, floating in water or some imagery of floating, flying, drifting etc.  In poetry, as well as often searching for words which rhyme or suit the rhythm of the text, poets need to avoid repetition unless obviously it’s a deliberate device; even in epic-length works a too frequent appearance of a distinctive word can be jarring.  Natation can hardly be thought a common word so a poet must be sparing in its use; they might speak of a subject’s slow notation through their Beoetian life.  Boeotia was a region in Ancient Greece and the cosmopolitan Athenians would disparage the place’s inhabitants as provincial, dull and lacking cultural refinement (their district was one of the “flyover” states of Antiquity).  Nor need the word be applied only to people because the “silent notation” taken by the reflection of a full moon gliding across the silvery waters of a placid lake is an image evocative enough to appeal to any poet.  While in verse natation can be used of those actually splashing about, it’s as metaphor or symbolism that it’s more effective: a life can be a natation through the endless tides of life which can wash one onto sharp rocks or a tranquil shore.  Structurally, it is too just another word and one which a poet must use to construct the sounds which build the lyrical quality of the text and the act of notation is not an abstraction because just as a swimmer can flow with the currents, they can be compelled also to fight those tides and sometimes those battles are lost; often swimmers drown in the depths.

Model Adriana Fenice (b 1995) in bikini, ready to enjoy some natation (cautiously).

One not uncommon criticism of the literary novel is that authors are sometimes inclined to use obscure or archaic words for no reason other than "showing off", what Henry Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) damned as "pride of knowledge".  Done well, it can make reading an exhilarating experience but over done, it becomes just hard work.  In prose, use is more difficult than in a poem because, although usually a longer form which makes repetition less intrusive, with such rare words, they're most effective if used but once in a text.  Natation is is though distinctive and can be an evocative choice , even if a reader has to turn to a dictionary, an imposition most readers of literary novels will likely forgive in exchange for an elegant passage.  It can be deployed as something merely descriptive; a synonym for “swimming”, there to add a splash of novelty but used carefully, it can convey a the quality of movement in water as well the movement: somehow the path of a swan’s natation suggests a peaceful and picturesque setting.

Two natators in a natatorium.  Mosaic floor of a bath from the Roman villa of Pompianus in Cirta, Algeria, fourth century AD.  In historical writing, being a word of Latin origin, it can be used to add a sense of authenticity: a discussion of a Roman mosaic showing athletes or soldiers swimming might mention it being a depiction of a "natatorial setting".

Patterns of use (lower case, initial capital & all capitals): Because of the way Google harvests data for their ngrams, they’re not literally a tracking of the use of a word in society but can be usefully indicative of certain trends, (although one is never quite sure which trend(s)), especially over decades.  As a record of actual aggregate use, ngrams are not wholly reliable because: (1) the sub-set of texts Google uses is slanted towards the scientific & academic and (2) the technical limitations imposed by the use of OCR (optical character recognition) when handling older texts of sometime dubious legibility (a process AI should improve).  Where numbers bounce around, this may reflect either: (1) peaks and troughs in use for some reason or (2) some quirk in the data harvested.

Sunday, August 21, 2022

Lien

Lien (pronounced leen or lee-uhn)

(1) In law, the legal claim of one person upon the property of another person to secure the payment of a debt or satisfaction of an obligation; a right to retain possession of another's property pending discharge of a debt.

(2) In anatomy, a tendon (obsolete).

(3) An alternative form of lain (archaic, used in early translations of the Bible).

1525–1535: An Anglo-French borrowing from the Old French from the Latin ligāmen (bond; tie; bandage) from ligāre (to bind) and ligō (tie, bind), the construct being ligā(re) (to tie) + -men (the Latin noun suffix).  The Latin liēn (spleen) was borrowed by late medieval anatomists as a descriptor of tendons but is long obsolete.  The associated words used in this context include claim, charge, right, encumbrance, mortgage, incumbrance and hypothecation but not all translate literally (or by implication) between legal systems or jurisdictions.  Lien is a noun & verb and lienal & lienable are adjectives; the noun plural is liens.  Lien’s use as an alternative form of lain is a historic relic, now best-known from its use (with variation in spelling) in the King James Version of the Bible (KJV, 1611):

And Abimelech said, What is this thou hast done vnto vs? one of the people might lightly haue lien with thy wife, and thou shouldest haue brought guiltinesse vpon vs.  (Genesis 26:10)

And the Priest shall charge her by an othe, and say vnto the woman, If no man haue lyen with thee, and if thou hast not gone aside to vncleannesse with another in stead of thy husband, be thou free from this bitter water that causeth the curse.  (Numbers 5:19)

The lien at common law, equity and admiralty law

At common law, a lien was a right to retain property in one’s possession until payment was made.  That basic right has in many jurisdictions since been modified but the principle remains of a security interest granted over physical property to secure the payment of a debt or discharge of some other obligation.  Historically, the owner of the property (grantee of the lien) was the lienee and the lien holder the lienor but, in modern use, these terms are less used.  An equitable lien differs from a common law lien in that the former depended on actual possession of physical property and conferred a right to retain the good(s) until payment, whereas an equitable lien existed regardless of the state of possession, conferring on the holder the right to seek judicial redress in the absence of payment.  Legal scholars have long treated equitable liens as a strange collective of property rights, considering them generally as sui generis (special; different; literally “of its own kind or class”.)

Equitable liens came to be created for same reason that much equity law developed: application of the rigid rules of common law, in certain situations, could give rise to injustice.  A common-law lien (1) confers only a right to retain physical property, (2) cannot be transferred, (3) cannot be asserted by third parties to whom possession of the property has been extended to pay or undertake whatever the original party should have performed and (4), if the property is handed to the lienor, the lien is for all time sundered.  In Hewett v Court (1983) 149 CLR 639, the High Court of Australia (HCA) defined the essential characteristics of an equitable lien.  It (1) arises by operation of law so as to do justice between parties by adjusting their mutual rights and interests, (2) is not contingent on any contractual right or interest, or by reason of possession of the property, (3) becomes apparent from the relationship between the parties, (4) constitutes an equitable charge over the property and (5), creates a right to obtain an order for payment.

The quirkiest flavor is the maritime lien (sometimes known as tacit hypothecation), a peculiarity of admiralty law.  It is a lien over a vessel, granted to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use.  Something of an aquatic hybrid, it creates upon ships, security interests of a nature otherwise unknown to common law or equity, something explained by ships being (1) big, (2) expensive and (3) able to move from one jurisdiction to another.  The concept of a maritime lien is similar to that which can be imposed on any other real property in that it allows for a vessel to be seized if the relevant debt remains unpaid at the effective date.  So, were the purchaser of a vessel to fail to pay (or cease making payments as required by the contract of sale), the vessel may be seized by the authorities and depending on the jurisdiction, there can be other mechanisms such as is often the case in the US where if the contract of sale wasn’t executed using the device of a PSM (preferred ship mortgage), the lien can be granted without consent (ie it’s invoked automatically).

She can be arrested.

As a general principle, a maritime lien can be placed on any vessel still “in navigation”. Quite when a vessel can be considered “in navigation” or not is usually uncontroversial but courts have had sometimes been required to rule on the matter, often in personal injury cases.  The simple explanation is that a vessel is regarded as “in navigation” if it’s fit to operate; that means it could (physically and legally) be used on the waters as intended, not that it’s necessarily “being navigated” on a waterway”.  A vessel undergoing minor repairs would in many circumstances be judged capable of operating (even if it’s been static for some time) whereas one only partially constructed or undergoing a large-scale overhaul would not.  Counterintuitively, a vessel in a shipyard’s dry dock (ie not even “in the water”) can be held to be “in navigation” if found to be still “fit to sail”, the courts deciding each case on its merits, considering factors such as the duration, cost and nature of maintenance being performed and whether the vessel’s master or owner had taken any steps consistent with the vessel’s status being “out of service”.

It can also be arrested.

However, a maritime lien taken against a PSM must be recorded and in that it’s a unique type and in most jurisdictions the filing is with a central repository such as a maritime registry or its associated documentation centre.  Once registered in the correct form, the lien becomes valid and enforceable.  All other maritime liens come as a result of actions pursuant to contracts or in tort and these can cover just about anything transactional (unpaid freight or harbor charges, damages caused by the vessel (pollution, collisions with other vessels or shore facilities, loading or unloading events etc), unpaid wages, breach of charter, personal injury etc.  What makes a lien under admiralty law very different is in the mechanism of enforcement which can involve a court issuing an arrest warrant for the vessel, enabling seizure by the authorities.  This differs from a lien taken over a skyscraper which can be subject to many things if a lien is enforced but not arrest.  The reason for the difference is a skyscraper can’t sail out of a jurisdiction and the act of arrest is thus redundant.  In the same way a corporation can, as a “legal fiction” be thought a “person”, so can a ship be “arrested”.  Like a lien upon landed structures, in legal theory size doesn’t matter and a court can order the arrest of the smallest dinghy but the orders are usually made against vessels of high-value.