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

Saturday, May 20, 2023

Egregious

Egregious (pronounced ih-gree-juhs)

(1) Extraordinary in some bad way; glaring; flagrant.

(2) Extraordinary in some good way; distinguished or eminent (archaic).

1525–1535: From the Middle English, from the Latin ēgregius (preeminent; outstanding, literally “standing out from the herd”), the construct being ē- (out (and in Latin an alternative to ex-)) + greg-, stem of grēx (flock, herd) + -ius.  Grēx was from the primitive Indo-European hzger- (to assemble, gather together) which influenced also the Spanish grey (flock, crowd), the Lithuanian gurguole (mass, crowd) and gurgulys (chaos, confusion), the Old Church Slavonic гроусти (grusti) (handful), the Sanskrit गण (gaá) (flock, troop, group) and ग्राम (grā́ma) (troop, collection, multitude; village, tribe), and the Ancient Greek γείρω (ageírō) (I gather, collect) (from whence came γορά (agorá)).  The link to the Proto-Germanic kruppaz (lump, round mass, body, crop) is contested.  The English –ous was a Middle English borrowing from the Old French -ous and –eux from the Latin -ōsus (full, full of) and is as doublet of -ose in unstressed position; it was used to form adjectives from nouns and to denote possession or presence of a quality in any degree, most commonly in abundance.  Egregious is an adjective, egregiously is an adverb and egregiousness is a noun; the noun plural is the delicious egregiousnesses.

Meaning adaptation & shift

There are many words in English where meaning has in some way or to some degree shifted but egregious is one of the rarities which now means the opposite of what it once did.  There are others such as nice which used to mean “silly, foolish, simple”; silly which morphed from referring to things “worthy or blessed” to meaning “weak and vulnerable” before assuming its modern sense; awful which used to describe something “worthy of awe” and decimate, once a Roman military term to describe a death-rate around 10% whereas it implies now a survival rate about that number.  In English, upon its sixteenth century adoption from Latin, egregious was a compliment, a way to suggest someone was distinguished or eminent.  That egregiously clever English philosopher Thomas Hobbes (1588–1679) was flattering a colleague when he remarked, "I am not so egregious a mathematician as you are…" which would today be thought an insult.

The Oxford English Dictionary (OED) notes that in 1534, egregious unambiguously meant "remarkable, in a good sense" but as early as 1573, people were also using it to mean "remarkable, in a bad sense."  The documentary evidence appears sparse but the OED speculates the meaning started to switch because people were using the word sarcastically or at least with some gentle irony.  In the linguistically democratic manner in which English evolves, the latter prevailed, presumably because people felt there were quite enough ways to compliment others but were anxious always to add another insult to the lexicon.  Shakespeare, with his ear for the vernacular, perhaps helped.  Christopher Marlowe (1564–1593) employed it in the older sense in his Tamburlaine (1590), writing of “egregious viceroys of these eastern parts…” but within a generation, William Shakespeare (1564–1616) has Posthumus condemn himself in Cymbeline (1611) in the newer condemnatory sense: “egregious murderer”, echoing his earlier use in All's Well That Ends Well (1605).  Both meanings appear to have operated in parallel until the eighteenth century which must have hurt a few feelings or perhaps, in an age of dueling, something more severe.

Imogen Sleeping (from Shakespeare's Cymbeline), circa 1899 by Norman Mills Price (1877–1951).

In southern Europe however, the bard’s words failed to seduce the Romance languages.  The Italian formal salutation egregio is entirely reverential, as are the both the Spanish and Portuguese cognates, egregio and egrégio.

Friday, October 25, 2024

Frango

Frango (pronounced fran-goh)

(1) A young chicken (rare in English and in Portuguese, literally “chicken”).

(2) Various chicken dishes (an un-adapted borrowing from the Portuguese).

(3) In football (soccer) (1) a goal resulting from a goalkeeper’s error and (2) the unfortunate goalkeeper.

(4) The trade name of a chocolate truffle, now sold in Macy's department stores. 

In English, “frango” is most used in the Portuguese sense of “chicken” (variously “a young chicken”, “chicken meat”, “chicken disk” etc) and was from the earlier Portuguese frângão of unknown origin.  In colloquial figurative use, a frango can be “a young boy” and presumably that’s an allusion to the use referring to “a young chicken”.  In football (soccer), it’s used (sometimes trans-nationally) of a goal resulting from an especially egregious mistake by the goalkeeper (often described in English by the more generalized “howler”.  In Brazil, where football teams are quasi-religious institutions, such a frango (also as frangueiro) is personalized to describe the goalkeeper who made the error and on-field blunders are not without lethal consequence in South America, the Colombian centre-back Andrés Escobar (1967–1994) murdered in the days after the 1994 FIFA World Cup, an event reported as a retribution for him having scored the own goal which contributed to Colombia's elimination from the tournament. Frango is a noun; the noun plural is frangos.

The Classical Latin verb frangō (to break, to shatter) (present infinitive frangere, perfect active frēgī, supine frāctum) which may have been from the primitive Indo-European bhreg- (to break) by not all etymologists agree because descendants have never been detected in Celtic or Germanic forks, thus the possibility it might be an organic Latin creation.  The synonyms were īnfringō, irrumpō, rumpō & violō.  As well as memorable art, architecture and learning, Ancient Rome was a world also of violence and conflict and there was much breaking of stuff, the us the figurative use of various forms of frangō to convey the idea of (1) to break, shatter (a promise, a treaty, someone's ideas (dreams, projects), someone's spirit), (2) to break up into pieces (a war from too many battles, a nation) and (3) to reduce, weaken (one's desires, a nation).

frangō in the sense of the Classical Latin: Lindsay Lohan with broken left wrist (fractured in two places in an unfortunate fall at Milk Studios during New York Fashion Week) and 355 ml (12 fluid oz) can of Rehab energy drink, Los Angeles, September 2006.  The car is a 2006 Mercedes-Benz SL 65 AMG (R230; 2004-2011) which would later feature in the tabloids after a low-speed crash.  The R230 range (2001-2011) was unusual because of the quirk of the SL 550 (2006-2011), a designation used exclusively in the North American market, the RoW (rest of the world) cars retaining the SL 500 badge even though both used the 5.5 litre (333 cubic inch) V8 (M273).

The descendents from the Classical Latin frangō (to break, to shatter) included the Aromanian frãngu (to break, to destroy; to defeat), the Asturian frañer (to break; to smash) & francer (to smash), the English fract (to break; to violate (long obsolete)) & fracture ((1) an instance of breaking, a place where something has broken. (2) in medicine a break in a bone or cartilage and (3) in geology a fault or crack in a rock), the Friulian franzi (to break), the German Fraktur ((1) in medicine, a break in a bone & (2) a typeface) & Fraktion (2) in politics, a faction, a parliamentary grouping, (3) in chemistry, a fraction (in the sense of a component of a mixture), (4) a fraction (part of a whole) and (5) in the German-speaking populations of Switzerland, South Tyrol & Liechtenstein, a hamlet (adapted from the Italian frazione)), the Italian: frangere (1) to break (into pieces), (2) to press or crush (olives), (3) in figurative use and as a literary device, to transgress (a commandment, a convention of behavior etc), (4) in figurative use to weaken (someone's resistance, etc.) and (5) to break (of the sea) (archaic)), the Ladin franjer (to break into pieces), the Old Franco provençal fraindre (to break; significantly to damage), the Old & Middle French fraindre (significantly to damage), the Portuguese franzir (to frown (to form wrinkles in forehead)), the Romanian frânge (1) to break, smash, fracture & (2) in figurative use, to defeat) and frângere (breaking), the Old Spanish to break), and the Spanish frangir (to split; to divide).

Portuguese lasanha de frango (chicken lasagna).

In Portuguese restaurants, often heard is the phrase de vaca ou de frango? (beef or chicken?) and that’s because so many dishes offer the choice, much the same as in most of the world (though obviously not India).  In fast-food outlets, the standard verbal shorthand for “fried chicken” is “FF” which turns out to be one of the world’s most common two letter abbreviations, the reason being one “F” representing of English’s most unadapted linguistic exports.  One mystery for foreigners sampling Portuguese cuisine is: Why is chicken “frango” but chicken soup is “sopa de galinha?”  That’s because frango is used to mean “a young male chicken” while a galinha is an adult female.  Because galinha meat doesn’t possess the same tender quality as that of a frango, (the females bred and retained mostly for egg production), slaughtered galinhas traditionally were minced or shredded and used for dishes such as soups, thus: sopa de galinha (also as canja de galinha or the clipped caldo and in modern use, although rare, sopa de frango is not unknown).  That has changed as modern techniques of industrial farming have resulted in a vastly expanded supply of frango meat so, by volume, most sopa de galinha is now made using frangos (the birds killed young, typically between 3-4 months).  Frangos have white, drier, softer meat while that of the galinha is darker, less tender and juicer and the difference does attract chefs in who do sometimes offer a true sopa de galinha as a kind of “authentic peasant cuisine”.

There are also pintos (pintinhos in the diminutive) which are chicks only a few days old but these are no longer a part of mainstream Portuguese cuisine although galetos (chicks killed between at 3-4 weeks) are something of a delicacy, usually roasted.  The reproductive males (cocks or roosters in English use) are galos.  There is no tradition, anywhere in Europe, of eating the boiled, late-developing fertilized eggs (ie a bird in the early stages of development), a popular dish in the Philippines and one which seems to attract virulent disapprobation from many which culturally is interesting because often, the same critics happily will consume both the eggs and the birds yet express revulsion at even the sight of the intermediate stage.  Such attitudes are cultural constructs and may be anthropomorphic because there’s some resemblance to a human foetus.

Lindsay Lohan at Macy's and Teen People's Freaky Friday Mother/Daughter Fashion Show, Macy's Herald Square, New York City, August 2003.  It's hoped she had time for a Frango.

 Now sold in Macy’s Frangos are a chocolate truffle created in 1918 for sale in Frederick & Nelson department stores.  Although originally infused with mint, many variations ensued and they became popular when made available in the Marshall Field department stores which in 1929 acquired Frederick & Nelson although it’s probably their distribution by Macy's which remains best known.  Marshall Field's marketing sense was sound and they turned the Frango into something of a cult, producing them in large melting pots on the 13th floor of the flagship Marshall Field's store on State Street until 1999 when production was out-sourced to a third party manufacturer in Pennsylvania.  In the way of modern corporate life, the Frango has had many owners, a few changes in production method and packaging and some appearances in court cases over rights to the thing but it remains a fixture on Macy’s price lists, the trouble history reflected in the “Pacific Northwest version” being sold in Macy's Northwest locations in Washington, Idaho, Montana and Oregon while the “Seattle version” is available in Macy's Northwest establishments.  There are differences between the two and each has its champions but doubtless there are those who relish both.

A patent application (with a supporting trademark document) for the Frango was filed in 1918, the name a re-purposing of a frozen dessert sold in the up-market tea-room at Frederick & Nelson's department store in Seattle, Washington.  The surviving records suggest the “Seattle Frangos” were flavoured not with mint but with maple and orange but what remains uncertain is the origin of the name.  One theory is the construct was Fr(ederick’s) + (t)ango which is romantic but there are also reports employees were told, if asked, to respond it was from Fr(ederick) –an(d) Nelson Co(mpany) with the “c” switched to a “g” because the word “Franco” had a long established meaning.  Franco was a word-forming element meaning “French” or “the Franks”, from the Medieval Latin combining form Franci (the Franks), thus, by extension, “the French”.  Since the early eighteenth century it had been used when forming English phrases & compound words including “Franco-Spanish border” (national boundary between France & Spain), Francophile (characterized by excessive fondness of France and all things French (and thus its antonym Francophobe)) and Francophone (French speaking).

Hitler and Franco, photographed at their day-long meeting at Hendaye, on the Franco-Spanish border, 23 October 1940.  Within half a decade, Hitler would kill himself; still ruling Spain, Franco died peacefully in his bed, 35 years later.

Remarkably, the Frango truffles have been a part of two political controversies.  The first was a bit of a conspiracy theory, claiming the sweet treats were originally called “Franco Mints”, the name changed only after the outbreak of the Spanish Civil War (1936-1939) in which the (notionally right-wing and ultimately victorious) Nationalist forces were led by Generalissimo Francisco Franco (1892-1975; Caudillo of Spain 1939-1975) and the explanation was that Marshall Field wanted to avoid adverse publicity.  Some tellings of the tale claim the change was made only after the Generalissimo’s meeting with Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) at Hendaye (on the Franco-Spanish border) on 23 October 1940.  Their discussions concerned Spain's participation in the War against the British but it proved most unsatisfactory for the Germans, the Führer declaring as he left that he'd rather have "three of four teeth pulled out" than have to again spend a day meet with the Caudillo.  Unlike Hitler, Franco was a professional soldier, thought war a hateful business best avoided and, more significantly, had a shrewd understanding of the military potential of the British Empire and the implications for the war of the wealth and industrial might of the United States.  The British were fortunate Franco took the view he did because had he agreed to afford the Wehrmacht (the German armed forces) the requested cooperation to enable them to seize control of Gibraltar, the Royal Navy might have lost control of the Mediterranean, endangering the vital supplies of oil from the Middle East, complicating passage to the Indian Ocean and beyond and transforming the strategic position in the whole hemisphere.  However, in the archives is the patent application form for “Frangos” dated 1 June 1918 and there has never been any evidence to support the notion “Franco” was ever used for the chocolate truffles.

Macy's Dark Mint Frangos.

The other political stoush (a late nineteenth century Antipodean slang meaning a "fight or small-scale brawl) came in 1999 when, after seventy years, production of Frangos was shifted from the famous melting pots on the thirteenth floor of Marshall Field's flagship State Street store to Gertrude Hawk Chocolates in Dunmore, Pennsylvania, the decision taken by the accountants at the Dayton-Hudson Corporation which had assumed control in 1990.  The rationale of this was logical, demand for Frangos having grown far beyond the capacity of the relatively small space in State Street to meet demand but it upset many locals, the populist response led Richard Daley (b 1942; mayor (Democratic Party) of Chicago Illinois 1989-2011), the son of his namesake father (1902–1976; mayor (Democratic Party) of Chicago, Illinois 1955-1976) who in 1968 simultaneously achieved national infamy and national celebrity (one’s politics dictating how one felt) in his handling of the police response to the violence which beset the 1968 Democratic National Convention held that year in the city.  The campaign to have the Frangos made instead by a Chicago-based chocolate house was briefly a thing but was ignored by Dayton-Hudson and predictably, whatever the lingering nostalgia for the melting pots, the pragmatic Mid-Westerners adjusted to the new reality and with much the same with the same enthusiasm were soon buying the imports from Pennsylvania.

Macy's Frango Mint Trios.

Remarkably, there appears to be a “Frango spot market”.  Although the increasing capacity of AI (artificial intelligence) has made the mechanics of “dynamic pricing” (a price responding in real-time to movements in demand), as long ago as the Christmas season in 2014, CBS News ran what they called the “Macy's State Street Store Frango Mint Price Tracker”, finding the truffle’s price was subject to fluctuations as varied over the holiday period as movements in the cost of gas (petrol).  On the evening of Thanksgiving, “early bird” shoppers could buy a 1 lb one-pound box of Frango mint “Meltaways” for US$11.99, the price jumping by the second week in December to US$14.99 although that still represented quite a nominal discount from the RRP (recommended retail price) of US$24.00.  Within days, the same box was again listed at US$11.99 and a survey of advertising from the previous season confirmed that in the weeks immediately after Christmas, the price had fallen to US$9.99.  It may be time for the Chicago Mercantile Exchange (CME) to open a market for Frango Futures (the latest “FF”!).

Tuesday, September 21, 2021

Heresy

Heresy (pronounced her-uh-see)

(1) Opinion or doctrine at variance with the orthodox or accepted doctrine, especially of a church or religious system.

(2) The maintaining of such an opinion or doctrine.

(3) In Roman Catholic canon law, the wilful and persistent rejection of any article of faith by a baptized member of the church.

(4) Dissent, iconoclasm, dissension.

1175–1225: From Middle English heresie from Old French heresie and Late Latin haeresis (school of thought, philosophical sect) derived from the Greek haíresis (act of choosing, derivative of haireîn (to choose)).  Source of the Greek was haireisthai (take, seize), middle voice of hairein (to choose) of unknown origin but likely derived from the primitive ser (to seize), thought also to be the root of both the Hittite šaru and the Welsh herw, both best translated as “booty".  The modern meaning emerged from the use by early Christian writers who used the literal translation from the Latin (sect or doctrine) to convey their disapproval of unorthodox thoughts or ideas.  The Greek word was used in the New Testament in reference to the Sadducees, Pharisees, and even the Christians, as sects of Judaism, but in English bibles it usually is translated as sect.   The meaning "religious belief opposed to the orthodox doctrines of the Church" evolved in Late Latin and was adopted for non-religious use as early as the late fourteenth century.

The Church of England Rejects Heresy Courts Proposal

Lindsay Lohan offering salvation to a heretic in Machete (2010).  The revolver is a Smith & Wesson Model 500 (8.38" barrel; .50 Magnum load)

In mid-1999, in a rare moment of clarity, the Church of England flirted, after a gap of one-hundred and fifty years, with the re-introduction of heresy trials to deal with clergy accused of deviation in matters of doctrine or ritual.  The last heresy trial was in 1847, when the Bishop of Exeter (Henry Phillpotts (1778–1869; Anglican Bishop of Exeter 1830-1869) accused the Reverend George Cornelius Gorham (1787–1857) of being unsound on the doctrine of "baptismal regeneration", Mr Gorham not agreeing a person was cleansed of original sin at baptism and born again into Christ.  Although the Court of Arches agreed with the bishop, on appeal, the Judicial Committee of the Privy Council overturned the ruling which caused a (very Anglican) controversy about whether a secular court should be able to rule on matters of doctrine (as opposed to law or procedure).  Since then clergy and bishops have been (more or less) free to deviate from doctrine without punishment and the Right Reverend David Jenkins (1925-2016), a former Bishop of Durham (1984-1994), famously raised a few eyebrows when he discussed his heterodoxic view on the virgin birth and bodily resurrection of Christ.  The new disciplinary procedure for clergy was to include offences against "doctrine, ritual and the ceremonial" because those who profess atheism or deny the doctrine of the Trinity or the Incarnation “should be disciplined”.

Heretic crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) being burned at the stake (digitally altered image).

Although not as well known as other inquisitions, in England, in the sixteenth century Reformation during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547), about 60 heretics were executed.  Heresy laws were repealed in 1547, but reintroduced in 1554 by Mary I (1516–1558; Queen of England and Ireland 1553-1558 & Queen of Spain 1556-1558), under whom about 290 heretics were burned at the stake after the restoration of papal jurisdiction.  Executions of some 180 religious opponents continued under Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) but on grounds of treason rather than heresy although the offence remained on the books.  To the condemned, it must have seemed a tiresome technical distinction.  The last execution of a "heretic" in England occurred in 1612 although technically that was for the offence of blasphemy.  Puritanical, if not quite to the end but certainly for as long as they could, there was one later execution in Scotland in 1697 when Thomas Aikenhead (circa 1676-1697) was accused, inter alia, of denying the doctrine of the Trinity.  In a example of Scottish judicial modernization, Mr Aikenhead was hanged rather than burned at the stake although blasphemy as a capital offence was retained until 1825.

Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) and Cardinal George Pell (1941-2023) discuss the fate of heretics. 

Unfortunately, after mulling over things for half-a–decade, the General Synod of the Church of England rejected the revival of a heresy court and didn’t, even more regrettably, consider bringing back burnings at the stake.  It seems there were fears the court could be used to enforce a traditionalist view, targeting clergy, who for example, support same-sex marriages or gay clergy, both now apparently matters of greater theological importance than a belief in the resurrection.  That does seem strange given it’s the central tenet of Christianity but that’s clearly become view from both the General Synod and Lambeth Palace.  In an address to the synod, displaying his flair for simultaneously changing the subject and answering a different question than the one asked, then Archbishop of Canterbury, Dr Rowan Williams (b 1950; Archbishop of Canterbury 2002-2012), said it was important for the church “…to be able to speak out against issues like Apartheid.  The question I think we ought to be asking is whether this does or does not serve the integrity or credibility of the church in the long run.  I believe that such a measure can serve the integrity and credibility of the church if we do indeed step back in this way.  It is over twenty years since the World Alliance of Reform Churches declared that the theological justification for Apartheid was a heresy.  It would be, I think a very incredible and inadequate Christian church which did not have the resource to say something like that.”

Thy neighbor’s ass.

To most in the secular West, the terms “blasphemy” and “heresy” probably sound archaic although they remain fixtures in figurative use in sport, popular culture and such.  However, in the Roman Catholic Church they remain matters of significance, the latter even handled by canon law.  Although misleading, a way to illustrate the difference is to regard blasphemy as a sin against God while heresy is an offence against faith (technically against the church but according to the Holy See they’re the same thing).  Rome regards blasphemy as any speech, action, or thought which discloses one’s contempt, disrespect, or irreverence toward God, Jesus Christ, the Virgin Mary, the saints or anything treated as sacred.  Perhaps surprisingly (given how it’s handled in other jurisdictions), in the narrow technical sense, blasphemy is not explicitly defined in the 1983 Code of Canon Law (CIC) and instead is considered a grave sin and evidence of it can be used as evidence when considering specific offenses which are codified.  Once can commit blasphemy by cursing God, mocking sacred rites or publicly insulting the Eucharist and historically “taking the name of the Lord in vain” was the best known injunction against the habit.  In the King James Version of the Bible (KJV, 1611) it was written as: “Thou shalt not take the name of the LORD thy God in vain” and was in most translations the second of the Ten Commandments in Judaism and Christianity, handed down to man by God.  In the unforgiving Old testament (Exodus 20:7 & Deuteronomy 5:11) it’s reinforced by the injunction: “Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.” and that it appears so high in the list of ten (only: “Thou shalt have no other gods before me.” precedes it) does suggest it may have been thought a more critical matter than someone coveting their neighbor’s ass (tenth and last).  Not being mentioned in canon law, dealing with the offence varies on a case-by-case basis and while excommunication is now rare, depending on severity or recidivism, there can be canonical penalties, especially if there’s any whiff of scandal (ie bad publicity).

Heresy is different in that it’s codified in Canon 751 of the 1983 CIC as: “the obstinate denial or obstinate doubt after the reception of baptism of some truth which is to be believed by divine and Catholic faith.  That obviously casts a wide judicial net but, since the major revision of the CIC in 1917, the most commonly cited examples have been (1) denying the divinity of Christ, (2) rejecting the doctrine of the Trinity or (3) refusing to accept papal infallibility (although of the latter there’s much de facto tolerance by virtue of papal infallibility being now something implied rather than invoked (which, in the narrow technical sense, has happened only once in the last 150-odd years)).  As students of the modern church have noted, there’s much heresy going on (indeed, for some bolshie priests it seems to be a calling) but despite Canon 1364 stating a heretic is subject to latae sententiae (automatic) excommunication (meaning they are excommunicated without and need for a formal declaration), the sanction is now rarely invoked.  These days, it seems to be excommunicated for heresy, the offense needs to be both serious and repeated.

Door not ajar: The Dicastery for the Doctrine of the Faith where blasphemy and heresy are deracinated.

Contrasting that, the vagueness of “blasphemy” means it is available as charge for offences which don’t have to fall within defined criteria.  In other words, quite what blasphemy is can be up to the Inquisitor (the Prefect of the Dicastery for the Doctrine of the Faith (DDF)) and in that sense Vatican justice can be seen as something like “the length of the chancellor’s foot” in Medieval England.  That doesn’t mean it’s quite like the apocryphal “unspecified offences” and the closest comparison is probably the CCP’s (Chinese Communist Party) 寻衅滋事 (Picking quarrels and provoking trouble) that can be used to secure a conviction when, inconveniently, no law appears to have been broken.  One heresy which can have consequences short of excommunication is a defiance of what is the core rule of the framework on which the church is built: obedience to the chain of command.  Structurally, the Roman Catholic Church operates on the Führerprinzip (leader principle) best known from the German Nazi state that was the Third Reich (1933-1945) and what that means is as the bishops must obey the pope, so priests must obey their bishop.  In practice of course there’s long been a bit of drift from this and most offences are dealt with by (1) ignoring them, (2) pretending they never happened or (3) rationalizing them as something else but if a malcontent’s conduct becomes so defiantly egregious it starts to frighten the horses, Rome will act.

Condemned blasphemer the former Father Pavone in MAGA (Make America Great Again) cap, fulfilling his broadcast media commitments, Orlando, Florida, February 2024.

Frank Pavone (b 1959 and still head of the organization Priests for Life (a US-based anti-abortion collective) despite having been laicised (defrocked) in 2022), found himself in the Inquisitor’s sights because of what was described by the Vatican as: “blasphemous communications on social media” and “persistent disobedience” of his bishop although the communiqué didn’t specify which was thought more heinous.  Ominously, a letter from the papal nuncio (the Holy See’s ambassador) to the US bishops made it clear there is no mechanism available to lodge an appeal.  Ordained in 1988, the former Father Pavone had been investigated by his then-diocese of Amarillo, Texas, for having in 2016 placed an aborted fetus on an altar and posting a video of it on two social media sites but what seems to have most disturbed Rome was him being one of those “meddling priests” who involved himself less in the spiritual and more in the earthly, posting frequently to decry crooked Hillary Clinton and extol the virtues of Donald Trump (b 1946; US president 2017-2021 and since 2025), almost always on the basis of their respective positions on abortion.  Mr Pavone remained defiant after being defrocked, comparing his fate to that of the unborn children he vowed to continue to defend: “So in every profession, including the priesthood, if you defend the #unborn, you will be treated like them!  The only difference is that when we are “aborted”, we continue to speak, loud and clear.  Even defrocked, he wasn’t without clerical support, one bishop calling then President Joe Biden's (b 1942; US president 2021-2025) advocacy for abortion rights “evil”, tarring Rome with the same brush: “The blasphemy is that this holy priest is canceled while an evil president promotes the denial of truth & the murder of the unborn at every turn, Vatican officials promote immorality & denial of the deposit of faith & priests promote gender confusion devastating lives...evil."  Despite explicit instructions, Mr Pavone continues to present himself as a priest.

Saturday, April 27, 2024

Molyneux

Molyneux (pronounced mol-un-ewe)

(1) A habitational surname of Norman origin, almost certainly from the town of Moulineaux-sur-Seine, in Normandy.

(2) A variant of the Old French Molineaux (an occupational surname for a miller).

(3) An Anglicized form of the Irish Ó Maol an Mhuaidh (descendant of the follower of the noble).

(4) In law in the state of New York, as the “Molineux Rule”, an evidentiary rule which defines the extent to which a prosecutor may introduce evidence of a defendant’s prior bad acts or crimes, not to show criminal propensity, but to “establish motive, opportunity, intent, common scheme or plan, knowledge, identity or absence of mistake or accident.”

(5) In philosophy, as the “Molyneux Problem”, a thought experiment which asks:”If someone born blind, who has learned to distinguish between a sphere and a cube by touch alone, upon suddenly gaining the power of sight, would they be able to distinguish those objects by sight alone, based on memory of tactile experience?”

Pre 900: The French surname Molyneux was from the Old French and is thought to have been a variant of De Molines or De Moulins, both linked to "Mill" (Molineaux the occupational surname for a miller) although the name is believed to have been habitation and form an unidentified place in France although some genealogists have concluded the de Moulins came from Moulineaux-sur-Seine, near Rouen, Normandy.  Despite the continental origin, the name is also much associated with various branches of the family in England and Ireland, the earliest known references pre-dating the Norman Conquest (1066).  The alternative spelling is Molineux.

The "Molyneux Problem" is named after Irish scientist and politician William Molyneux (1656–1698) who in 1688 sent a letter to the English physician & philosopher John Locke (1632–1704), asking: Could someone who was born blind, and able to distinguish a globe and a cube by touch, be able to immediately distinguish and name these shapes by sight if given the ability to see?  Obviously difficult to test experimentally, the problem prompted one memorable dialogue between Locke and Bishop George Berkeley (1685–1753 (who lent his name, pronounced phonetically to the US university) but it has long intrigued those from many disciplines, notably neurology and psychology, because sight is such a special attribute, the eyes being an outgrowth of the brain; the experience of an adult brain suddenly being required to interpret visual input would be profound and certainly impossible to imagine.  Philosophers since Locke have also pondered the problem because it raises issues such as the relationship between vision and touch and the extent to which some of the most basic components of knowledge (such as shape) can exist at birth or need entirely to be learned or experienced.

The Molineux Rule in the the adversarial system 

The Molineux Rule comes from a decision handed down by the Court of Appeals of New York in the case of People v Molineux (168 NY 264 (1901)).  Molineux had at first instance been convicted of murder in a trial which included evidence relating to his past conduct.  On appeal. the verdict was overturned on the basis that as a general principle: “in both civil and criminal proceedings, that when evidence of other crimes, wrongs or acts committed by a person is offered for the purpose of raising an inference that the person is likely to have committed the crime charged or the act in issue, the evidence is inadmissible.”  The rationale for that is it creates a constitutional safeguard which acts to protect a defendant from members of a jury forming an assumption the accused had committed the offence with which they were charged because of past conduct which might have included being accused of similar crimes.  Modified sometimes by other precedent or statutes, similar rules of evidentiary exclusion operate in many common law jurisdictions.  It was the Molineux Rule lawyers for former film producer Harvey Weinstein (b 1952) used to have overturned his 2020 conviction for third degree rape.  In a 4:3 ruling, the court held the trial judge made fundamental errors in having “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose.” and therefore the only ...remedy for these egregious errors is a new trial.

Harvey Weinstein and others.

Reaction to the decision of the appellate judges was of course swift and the opinion of the “black letter” lawyers was the court was correct because “…we don't want a court system convicting people based on testimony about allegations with which they’ve not been charged.”, added to which such evidence might induce a defendant not to submit to the cross-examination they’d have been prepared to undergo if only matters directly relevant to the charge(s) had been mentioned in court.  Although the Molineux Rule has been operative for well over a century, some did thing it surprising the trial judge was prepare to afford the prosecution such a generous latitude in its interpretation but it should be noted the Court of Appeal divided 4:3 so there was substantial support from the bench that what was admitted as evidence did fall within what are known as the “Molineux exceptions” which permit certain classes of testimony in what is known as “character evidence”.  That relies on the discretion of the judge who must weigh the value of the testimony versus the prejudicial effect it will have on the defendant.  In the majority judgment, the Court of Appeal made clear that in the common law system (so much of which is based on legal precedent), if the trial judge’s decision on admissibility was allowed to stand, there could (and likely would) be far-reaching consequences and their ruling was based on upholding the foundations of our criminal justice system in the opening paragraphs: "Under our system of justice, the accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality. It is our solemn duty to diligently guard these rights regardless of the crime charged, the reputation of the accused, or the pressure to convict."

The strict operation of the Molineux Rule (which this ruling will ensure is observed more carefully) does encapsulate much of the core objection to the way courts operate in common law jurisdictions.  The common law first evolved into something recognizable as such in England & Wales after the thirteenth century and it spread around the world as the British Empire grew and that included the American colonies which, after achieving independence in the late eighteenth century as the United States of America, retained the legal inheritance.  The common law courts operate on what is known as the “adversarial system” as opposed to the “inquisitorial system” of the civil system based on the Code Napoléon, introduced in 1804 by Napoleon Bonaparte (1769–1821; leader of the French Republic 1799-1804 & Emperor of the French from 1804-1814 & 1815) and widely used in Europe and the countries of the old French Empire.  The criticism of the adversarial system is that the rules are based on the same principle as many adversarial contests such as football matches where the point of the rules is to ensure the game is decided on the pitch and neither team has any advantage beyond their own skill and application.

That’s admirable in sport but many do criticize court cases being conducted thus, the result at least sometimes being decided by the skill of the advocate and their ability to persuade.  Unlike the inquisitorial system where the object is supposed to be the determination of the truth, in the adversarial system, the truth can be something of an abstraction, the point being to win the case.  In that vein, many find the Molineux Rule strange, based on experience in just about every other aspect of life.  Someone choosing a new car, a bar of chocolate or a box of laundry detergent is likely to base their decision from their knowledge of other products from the same manufacturer, either from personal experience or the result of their research.  Most consumer organizations strongly would advise doing exactly that yet when the same person is sitting on a jury and being asked to decide if an accused is guilty of murder, rape or some other heinous offence, the rules don’t allow them to be told the accused has a history of doing exactly that.  All the jury is allowed to hear is evidence relating only to the matter to be adjudicated.  Under the Molineux Rule there are exceptions which allow “evidence of character” to be introduced but as a general principle, the past is hidden and that does suit the legal industry which is about winning cases.  The legal theorists are of course correct that the restrictions do ensure an accused can’t unfairly be judged by past conduct but for many, rules which seem to put a premium on the contest rather than the truth must seem strange.

Monday, March 28, 2022

Oligarch

Oligarch (pronounced ol-i-gahrk)

(1) In political science, one of the rulers in an oligarchy (a system of government characterized by the institutional or constructive rule of a few and the literal or effective exclusion of the many); a member of an oligarchy.

(2) A very rich person involved in business in a manner which interacts intimately with the organs of government, the nature of the relationship varying between systems but usually with the implication of mutually beneficial corrupt or improper (if sometimes technically lawful) conduct.

(3) In cosmogony, a proto-planet formed during oligarchic accretion.

1600-1610: From the French oligarque & olygarche, from the Late Latin oligarcha, from the Ancient Greek λιγάρχης (oligárkhēs) and related to oligarkhia (government by the few), the construct being olig- (few) (from stem of oligos (few, small, little) (a word of uncertain origin)) + -arch (ruler, leader) (from arkhein (to rule)).  The noun plural was oligarchs.  In English, an earlier form of oligarchy was the circa 1500 oligracie, a borrowing from the Old French.  Oligarch & oligarchy are nouns, oligarchal, oligarchical & oligarchic are adjectives, and oligarchically is an adverb; the noun plural is oligarchs.  The playful minigarch (the offspring of an oligarch) and oligarchette (a female oligarch or an aspiring oligarch not yet rich enough to be so described are both non-standard while oligarchie & oligarchisch are sometimes used to convey a deliberate sense of the foreign.  Oligarch is now almost never used in its classical sense to refer to rulers of a political entity but instead to describe the small numbers of those who have become exceedingly rich, usually in some improper (even if technically lawful) way with the corrupt and surreptitious cooperation of those in government, the implication being they too have benefited.  Words like plutocrat, potentate and tycoonocrat are sometimes used as synonyms but don’t covey the sense of gains improperly and corruptly achieved.

Oligarchs are sometimes described in the press as "colorful characters", something a bit misleading because many seek a low profile, something often advisable in Mr Putin's Russia.  In a movie about oligarchs Netflix presumably would focus on some of the more colorful.

In modern use, an oligarch is one of the select few people who have become very rich by virtue of their close connections to rule or influence leaders in an oligarchy (a government in which power is held by a select few individuals or a small class of powerful people).  Unlike the relationship between “monarch” & “monarchy”, “oligarch” & “oligarchy” are not used in the literature of political science in quite the same way.  A monarch’s relationship to their monarchy is a thing defined by the constitutional system under which they reign and that may be absolute, despotic or theocratic but is inherently directly linked.  However, even in a political system which is blatantly and obviously an oligarchy, the members of the ruling clique are not referred to as oligarchs by virtue of their place in the administration, the more common descriptors being autocrat, despot, fascist, tyrant, dictator, totalitarian, authoritarian, kleptocrat or other terms that to varying degrees hint at unsavoriness.  Instead, the word oligarch has come to be used as a kind of encapsulated critique of corruption and economic distortion and the individual oligarch a personification of that.  The modern oligarch is one who has massively profited, usually by gaining in some corrupt way either the resources which once belonged to the state or trading rights within the state which tend towards monopolistic or oligopolistic arrangements.  Inherent in the critique is the assumption that the corrupt relationship is a symbiotic one between oligarch and those in government, the details of which can vary: oligarchs may be involved in the political process or entirely excluded but a common feature to all such arrangements is that there is a mutual enrichment at the expense of the sate (ie the citizens).  The word oligarch has thus become divorced from oligarchy and attached only to oligopoly.

The word oligopoly dates from 1887, from the Medieval Latin oligopolium, the construct being the Ancient Greek λίγος (olígos) (few) + πωλεν (poleîn) (to sell) from the primitive Indo-European root pel (to sell) and describes a market in which an industry is dominated by a small number of large-scale sellers called oligopolists (the adjectival form oligopolistic from a surprisingly recent 1939).  Oligopolies, which inherently reduce competition and impose higher prices on consumers do not of necessity form as a result of improper or corrupt collusion and may be entirely organic, the classic example of which is two competitors in a once broad market becoming increasingly efficient, both achieving such critical mass that others are unable to compete.  At that point, there is often a tendency for the two to collude to divide the market between them, agreeing not to compete in certain fields or geographical regions, effectively creating sectoral or regional monopolies.  If competitors do emerge, the oligopolists have sufficient economic advantage to be able temporarily to reduce their selling prices to below the cost of production & distribution, forcing the completion from the market, after which the profitable price levels are re-imposed.

A classic game theory model of oligopolistic behavior.

Although not thought desirable by economists, they’ve long attracted interest interest because they create interesting market structures, especially when they interact with instruments of government designed to prevent their emergence or at least ameliorate the consequences of their operation.  The most obvious restriction governments attempt to impose is to prevent collusion between oligopolists in an attempt to deny them the opportunity to set prices of particular goods.  Even if successful, this can only ever partially be done because most prices quickly become public knowledge and with so few sellers in a market, most of which tend to operate with similar input, production & distribution costs, each oligopolist can in most cases predict the actions of the others. This has been of interest in game theory because the decisions of one player are not only in reaction to that of the others but also influences their behavior.

Dartz Prombron: The Prombron is now typical of the preferred transport for an oligarch, the traditional limousine not able to be configured to offer the same level of protection against attacks with military-grade weapons.  Prombrons were originally trimmed with leather from the foreskins of whale penises but the feature was dropped after protests from the environmental lobby.

Oligarchs in the modern sense operate differently and the Russian model under Mr Putin has become the exemplar although some on a smaller scale (notably Lebanon since 1990) are probably even more extreme.  The Russian oligarchs emerged in the 1990s in the chaos which prevailed after the dissolution of the old Soviet Union.  They were men, sometime outside government but often apparatchiks within, well-skilled in the corruption and the operations of the black market which constituted an increasingly large chunk of the economy in the last decade of the USSR and these skills they parlayed into their suddenly capitalistic world.  Capitalism however depends on there being private property and because the USSR was constructed on the basis of Marxist theory which demanded it was the state which owned and controlled the means of production and distribution, there was little of that.  So there was privatization, some of it officially and much of it anything but, the classic examples being a back-channel deal between the oligarch and someone in government purporting to be vested with the authority to sell the assets of the state.  Few in government did this without a cut (often under the guise of a equity mechanism called “loans for shares”) and indeed, some apparatchiks sold the assets to themselves and those assets could be nice little earners like oil & gas concessions or producers, electricity generators, transport networks or financial institutions.  One of the reasons the assets were able to be sold at unbelievably bargain prices was a product of Soviet accounting: because the book value of assets had so little meaning in communist accounting, in many cases recorded asset values hadn’t be updated in decades and were in any case sometimes only nominal.  There were therefore sales which, prima facie, might have appeared to verge on the legitimate.

2021 Aurus Senat, now the official presidential car of the Russian state.

Few were and in any event, even if the aspiring oligarch didn’t have the cash, somewhere in government there would be found an official able to arrange the state to loan the necessary fund from the resources of the state, if need be creating (effectively printing) the money.  From that point, newly acquitted assets could be leveraged, sold to foreign investors at huge profit or even operated in the novelty of the free market, an attractive proposition for many given the asset obtained from the state might be a natural monopoly, competition therefore of no immediate concern.  Thus was modern Russian capitalism born of what were economic crimes on a scale unimaginable to the legions condemned to death or years in the Gulag under comrade Stalin.  Even before becoming prime-minister in 1999, Mr Putin was well aware of what had happened, being acquainted with some of the players in the process but shortly after assuming office, he had small a team of lawyers, accountants and economists undertake a forensic analysis to try more accurately to quantify who did what and who got how much.  Although the paperwork his investigative project produced has never been made public, it was reputed to have been reduced to a modestly-sized file but the contents were dynamic and put to good use.

In either 2003 or 2004, Mr Putin, assisted by officers of the FSB (successor to the alphabet-soup of similar agencies (Cheka, GPU, OGPU, NKGB, NKVD, SMERSH, MGB & (most famously) KGB)) experts in such things, “arranged” a series of interviews with the oligarchs whose conduct in the privatizations of 1990s had been most impressive (or egregious depending on one’s view).  Well aware of the relationship between wealth and political influence, Mr Putin’s explained that the oligarchs had to decide whether they wished to be involved in business or politics; they couldn’t do both.  Mr Putin then explained the extent of their theft from the state, how much was involved, who else facilitated and profited from the transactions and what would be the consequences for all concerned were the matters to come to trial.  Then to sweeten the deal, Mr Putin pointed out that although the oligarchs had stolen their wealth on the grandest scale, “they had stolen it fair and square” and could keep it if they agreed to refrain from involvement in politics.  The Russian oligarchy understood his language, the lucidity of his explanation perhaps enhanced by oligarch Mikhail Khodorkovsky (b 1963; then listed as the richest man in Russia and in the top-twenty worldwide) being arrested on charges of fraud and tax evasion, shortly before the meetings were convened (he was convicted in 2005 and sentenced to nine years in prison and while serving his sentence was charged with and found guilty of embezzlement and money laundering.  Mr Putin later pardoned Khodorkovsky and he was released to self-imposed exile in late 2013).  Few failed to note the significance of Mr Khodorkovsky having been "meddling in politics".

Alastair Campbell (b 1957; Downing Street Director of Communications & official spokesperson (1997–2003) rear) with Vladimir Putin (b 1952; Prime-Minister of Russia 1999-2000 & 2008-2012, President of Russia 1999-2008 & since 2012, left) and Tony Blair (b 1953; UK Prime Minister 1997-2007, right).  Mr Putin in recent years has stretched plausible deniability well beyond the point at which plausibility can be said to have become implausible and the not infrequently seen: "cause of death: falling from window of high building" is known by Russians as the "oligarch elevator".  Predating even the Tsarist state, grim humor has a long tradition in Russia.     

Mr Putin being taken for a drive by George W Bush (b 1946; George XLIII, US president 2001-2009) in the Russian president's GAZ M21 Volga and admiring his 2009 Lada Niva.

In a sign the oligarchs were wise to comply, it was estimated by Bill Browder (b 1964; CEO and co-founder of the once Moscow-linked Hermitage Capital Management) during his testimony to the US Senate Judiciary Committee in 2017 that the biggest single increase in Mr Putin’s personal wealth happened immediately after Mr Khodorkovsky was jailed.  Given the history, Mr Browder is perhaps not an entirely impartial viewer but the pact between the autocrat and the oligarchy has been well-understood for years but what has always attracted speculation is the possibility that attached to it was a secret protocol whereby Mr Putin received transactional fees, imposing essentially a license to operate in Russia, alleged by some to be a cut of as much as 50%, based apparently on assessed profits rather than turnover.  Even if a half-share is too high and his cut is a more traditional 10%, the amount payable over the years would have been a very big number so there’s been much speculation about Mr Putin’s money, some estimates suggesting he may have a net wealth in the US$ billions.  That would seem truly impressive, given the Kremlin each year publishes a disclosure of their head of state’s income and assets and the last return disclosed Mr Putin enjoys an annual salary of US$140,000 and owns an 800-square-foot (74 m2) apartment, his other notable assets being three cars: a 1960 (first series) GAZ M21 Volga, a 1965 (second series) GAZ M21P Volga and a 2009 Lada Niva 4x4.  Keen on the outdoors, he also owns a camping trailer.

A country cottage on the Black Sea coast alleged to be owned by Mr Putin.  The large grounds surrounding the cottage are an indication why Mr Putin needs his 2009 Lada 4x4 & camping trailer.

On the basis of that, income and net wealth seem not at all out of alignment but intriguingly, he’s been photographed with some high-end watches on his wrist, including an A. Lange & Söhne 1815 Tourbograph which sells for around US$500,000.  He is rumored to be the owner of a 190,000 square-foot (17,650 m2) mansion which sits atop a cliff overlooking the Black Sea (reputedly Russia’s largest private residence and known, in a nod to the understated manner of the rich, as “Putin’s country cottage”) which has an ice hockey rink, a casino, a nightclub with stripper poles, an extravagantly stocked wine cellar and the finest furniture in Louis XIV style, the toilet-roll holders apparently at US$1,250 apiece (although, given the scale of the place, he may have received a bulk-purchase discount).  It demands a full-time staff of forty to maintain the estate, the annual running costs estimated at US$2-3 million.  Designed by Italian architect Lanfranco Cirillo (b 1959), and officially owned (though alleged to be held under a secret trust of which Mr Putin is the sole beneficiary) by oligarch Alexander Ponomarenko (b 1964), the construction cost was estimated to be somewhere around a US$ billion which seems expensive but a yacht currently moored in Italy and alleged also to belong to Mr Putin is said to have cost not much less to launch so either or both may actually represent good value and to assure privacy, the Russian military enforces a no-fly zone around the property.  Like many well-connected chaps around the world, a few of Mr Putin’s billions figured in the release of the Panama Papers in 2016.

1962 GAZ-M21 (rebuilt to KGB (V8) specifications).

Apart from the Black Sea palace, there are unverified reports Mr Putin is the owner of 19 other houses, 58 aircraft & helicopters and 700 cars (although it’s not clear if that number includes his two Volgas and the Lada).  No verified breakdown of the 700 cars has ever been published but given Mr Putin’s apparent fondness for Volgas, it may be his collection includes the special-variant of the GAZ-M21 Volga, 603 (as the GAZ-M23) of which were produced between 1962-1970 for the exclusive use of the KGB and other Soviet “special services”.  Equipped with the 5.53 litre (337 cubic inch) V8 engine from the big GAZ-13 Chaika (Gull) (1959-1981 and in the Soviet hierarchy, second only to the even bigger ZIL limousines (1936-2012)), the car was said to be a not entirely successful piece of engineering but it was certainly faster than the four-cylinder model on which it was based.  It’s never been clear just what was the top speed because the speedometer was calibrated only to 180 km/h (112 mph) but one intrepid KGB apparatchik claimed to have achieved that and reported the Volga was “still accelerating”.  Known to be nostalgic for the old ways of the KGB (with all that implies), it’s hoped Mr Putin has preserved at least one.

Separated at birth: 1962 GAZ-M21 V8 (left) and 1964 Pontiac GTO.

Although barely acknowledged by US collectors,  the V8 GAZ-M21 actually predated by Pontiac GTO by more than a year and it's the GTO which is usually cited as "the first muscle car" (a concept defined as "a big engine from the full-sized line installed in the smaller intermediate platform") but the KGB's project was exactly that.  In a sense, the true ancestor of the muscle cars of the 1960s was probably the 1936 Buick Century, a revised version of the model 60, created by replacing the 233 cubic inch (3.8 litre) straight eight with the 320 cubic inch (5.2 litre) unit from the longer, heavier Roadmaster.  It wasn’t exactly a transplant into an “intermediate” (a concept unknown until the 1960s) but the process was not dissimilar.  Still, if one sticks to the accepted the definition, it’s the V8 GAZ which came first and not the GTO and that the Soviet vehicle rates not even a mention in Mike Mueller’s otherwise comprehensive Muscle Car Source Book (2015, Quarto Publishing Group) is that’s publication’s only omission of note.  Mr Mueller’s book is unusual in the field in that it seems to contain not a single error, a rarity in such publications where misinformation is rife; it’s highly recommended.  If Mr Mueller ever produces a revised edition, hopefully the KGB’s unacknowledged contribution to the muscle car ecosystem will gain a footnote. 

Mr Putin agitprop.

Mr Putin has admitted: "I am the wealthiest man, not just in Europe but in the whole world: I collect emotions. I am wealthy in that the people of Russia have twice entrusted me with the leadership of a great nation such as Russia. I believe that is my greatest wealth."  Quite how rich Mr Putin might be is such a swirl of estimates, rumors, supposition and doubtlessly invention (lies) that it's unlikely anyone except those disinclined to discuss the matter really know and after all, if he's rich as his detractors claim, he probably isn't exactly sure himself.  Given that, his statement seemed intended to clear up any misunderstandings.