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

Friday, August 18, 2023

Literal

Literal (pronounced lit-er-uhl)

(1) In accordance with, involving, or being the primary or strict meaning of the word or words; not figurative or metaphorical.

(2) Following the words of the original exactly.

(3) True to fact; not exaggerated; actual or factual; being actually such, without exaggeration or inaccuracy.

(4) Of, persons, tending to construe words in the strict sense or in an unimaginative way; matter-of-fact; prosaic.

(5) Of or relating to the letters of the alphabet (obsolete except for historic, technical or academic use); of or pertaining to the nature of letters.

(6) In language translation, as "literal translation", the precise meaning of a word or phrase as opposed to the actual meaning conveyed when used in another language. 

(7) A typographical error, especially involving a single letter (in technical use only).

(8) In English (and other common law jurisdictions) law, one of the rules of statutory construction and interpretation (also called the plain meaning rule).

(9) In computer science, a notation for representing a fixed value in source code.

(10) In mathematics, containing or using coefficients and constants represented by letters.

1350-1400: From the Middle English from the Late Latin literalis & litteralis (of or belonging to letters or writing) from the Classical Latin litera & littera (letter, alphabetic sign; literature, books).  The meaning "taking words in their natural meaning" (originally in reference to Scripture and opposed to mystical or allegorical), is from the Old French literal (again borrowed from the Latin literalis & litteralis).  In English, the original late fourteenth meaning was "taking words in their natural meaning" and was used in reference to the understanding of text in Scripture, distinguishing certain passages from those held to be mystical or allegorical.  The meaning "of or pertaining to the letters of the alphabet " emerged in English only in the late fifteenth century although that was the meaning of the root from antiquity, a fork of that sense being " verbally exact, according to the letter of verbal expression, attested from the 1590s and it evolved in conjunction with “the primary sense of a word or passage”.  The phrase “literal-minded” which can be loaded with negative, neutral or positive connotations, is noted from 1791.  Literal is a noun & adjective, literalize is a verb, literalistic is an adjective, literalist, literalization & literalism are nouns and literally is an adverb; the noun plural is literals.

The meaning "concerned with letters and learning, learned, scholarly" was known since the mid-fifteenth century but survives now only literary criticism and the small number of universities still using “letters” in the description of degree programmes.  The Bachelor of Letters (BLitt or LittB) was derived from the Latin Baccalaureus Litterarum or Litterarum Baccalaureus and historically was a second undergraduate degree (as opposed to a Masters or other post-graduate course) which students pursued to study a specialized field or some aspect of something of particular interest.  Once common, these degrees are now rare in the English-speaking world.  It was between 1895-1977 offered by the University of Oxford and was undertaken by many Rhodes Scholars, sometimes as an adjunct course, but has now been replaced by the MLitt (Master of Letters) which has a minimal coursework component.  When the BLitt was still on the books, Oxford would sometimes confer it as a sort of consolation prize, offering DPhil candidates whose submission had proved inadequate the option of taking a BLitt if the prospect of re-writing their thesis held no appeal.  Among the dons supervising the candidates, the verb "to BLitt" emerged, the classic form being: “he was BLitt-ed you know".

Oxford BLitt in light-blue hood, circa 1907, prior to the reallocation of the shades of blue during the 1920s.

Oxford's colorful academic gowns are a footnote in the history of fashion although influences either way are difficult to detect.  The regulations of 1895 required the new BLitt and the BSc (Bachelor of Science) were to wear the same dress as the existing B.C.L (Bachelor of Civil Law) and the BM (Bachelor of Medicine) and if there was a difference between the blues used for the BCL and the BM in 1895, the implicit "respectively" (actually then its Latin equivalent) would seem to suggest the BLitt was to use the same color hood as the BCL and the BSc to use the shade of the BM and that's certainly how it appears on many contemporary depictions.  Although in the surviving record the hues of blue would in the following decades vary somewhat (and the colors were formerly re-allocated during the 1920s, the BLitt moving to a more vivid rendition of light-blue), the BLitt, BSc and BCL hoods tended always to be brighter and the BM darker.  Whether it was artistic license or an aesthetic nudge, one painter in 1927 mixed something much lighter for the BLitt, a shade more neutral and hinting at a French grey but no other artist seems to have followed.  By 1957, the BLitt and BSc gowns had returned to the colors of the 1895 decree while the BCL and BM were now in mid-blue and that remained unchanged until 1977 when the BLitt and BSc were superseded by masters’ degrees, the new MSc and MLitt given a blue hood lined with the grey of the DLitt & DSc.

Oxford BM in mid-blue hood, circa 1905.

Quite how much the work of the artist can be regarding as an accurate record of a color as it appeared is of course dubious, influenced as it is the painter’s eye, ambient light and the angle at which it was observed.  Even the descriptions used by the artists in their notes suggest there was either some variation over the years (and that would not be unexpected given the differences in the dying processes between manufacturers) or the terms for colors meant different things to different painters: The Oxford BMus hood was noted as blue (1882 & 1934), mauve (1920), lilac (1923, 1924, 1927, 1935 & 1957), dark lilac (1948) and dark purple (1926).  With improvements in photographic reproduction and the greater standardization in the industrial processes used in dying, the post-war photographic record is more reliable and lilac seems a good description for the BM and “light blue” for the BLitt.

Over the moon: Lindsay Lohan (right) with mother Dina (left) and sister Aliana (centre) at a lunch to celebrate he pregnancy, New York, April 2023.

In March, her mother had been quoted as saying: “I’m literally over the moon. I’m so happy, I can’t stop smiling”.  The now seemingly endemic misuse of literal is not new, Henry Watson Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) noting errors in general use from as early as the 1820s and the Oxford English Dictionary (OED) has cited literary examples from the seventeenth century.  Interestingly, it appears objections emerged only in the early twentieth century which does suggest an additional meaning may have existed or at least been evolving before the grammar Nazis imposed their censorious ways.  The use is now so endemic in English and rarely causes confusion so the pedants really should give up their carping and some illustrious names have sinned:

The land literally flowed with milk and honey.” (Louisa May Alcott (1832–1888), Little Women (1868-1869)).

“…literally rolling in wealth” (Mark Twain (1835-1910), The Adventures of Tom Sawyer (1876)).  In fairness this can be done because Disney had Scrooge McDuck (created 1947) do just that in his "money bin" but that wouldn't have been what Twain had in mind).  

“…Gatsby literally glowed.” (F Scott Fitzgerald (1896–1940), The Great Gatsby (1925)).  Women (often when pregnant) actually are said "to glow" in the sense of their happiness being such that it seems "to radiate" from them and this may be what he wanted to convey but it's most unusual to use it of men.  It's anyway usually held to be a figurative radiation, not something literal.  

The literal rule in statutory interpretation in the UK & Commonwealth

Statute law is that set in place by a body vested with appropriate authority (typically a legislature) and maintained in written form.  In providing rulings involving these laws, courts in the common-law world (although in the US the evolution has been a little different) have developed a number of principles of statutory interpretation, the most fundamental of which is “the literal rule” (sometimes called the “plain meaning rule”).  It’s the basis of all court decisions involving statues, the judge looking just to the words written down, relying on their literal meaning without any attempt to impute or interpret meaning.  The process should ensure laws are made exclusively by legislators alone; those elected for the purpose, the basis of the constitutional theory being that it’s this which grants laws their legitimacy and thus the consent of those upon they’re imposed.  However, an application of the literal rule can result in consequences which are nonsensical, immoral or unjust but the theory is that will induce the legislature to correct whatever error in drafting was the cause; it not being the task of the court to alter a duly passed law; the judiciary must interpret and not attempt to remedy the law.

A judge in 1980 observed the British constitution “…is firmly based upon the separation of powers; parliament makes the laws, the judiciary interpret them.  When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect… the role of the judiciary is confined to ascertaining from the words that parliament has approved as expressing its intention what that intention was, and to giving effect to it. Where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or even unjust or immoral.”  So a judge should not depart from the literal meaning of words even if the outcome is unjust.  If they do, the will of parliament is contradicted.

However, some things were so absurd even the most black-letter-law judges (of which there were not a few) could see the problem.  What emerged was “the golden rule”, the operation of which a judge in 1857 explained by saying the “…grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.”  The golden rule thus operates to avoid an absurdity which an application of the literal rule might produce.

The golden rule was though deliberately limited in scope, able to be used only in examples of absurdity so extreme it would be a greater absurdity not to rectify.  Thus “the mischief rule” which with judges exercised rather more discretion within four principles, first mentioned in 1584 at a time when much new legislation was beginning to emerge to supersede the old common law which had evolved over centuries of customary practice.  Given the novelty of codified national law replacing what previously been administered with differences between regions, the need for some debugging was not unexpected, hence the four principles of the mischief rule: (1) What was the common law before this law?, (2) What was the mischief and defect for which the common law did not provide and thus necessitate this law?, (3) What remedy for the mischief and defect is in this law”, & (4) The role of the judge is to make such construction as shall suppress the mischief and advance the remedy.  The rule was intended to determine what mischief a statute was intended to correct and interpret the statute justly to avoid any mischief.

The mischief rule closes loopholes in the law while allowing them to evolve in what may be a changing environment but does permit an element of the retrospective and depends on the opinion and prejudices of the judge: an obvious infringement on the separation of powers protected by the strict application of literal rule.  So it is a trade-off, the literal rule the basic tool of statutory interpretation which should be deviated from only in those exceptional cases where its application would create an absurdity or something manifestly unjust.  This the golden rule allows while the mischief rule extends judicial discretion, dangerously some have said, permitting the refinement of law at the cost of increasing the role of the judges, a group where views and prejudices do vary.  From all this has evolved the debate about judicial activism.

Thursday, July 28, 2022

Dream

Dream (pronounced dreem)

(1) Mental activity, usually in the form of an imagined series of events, occurring during certain phases of sleep.

(2) The sleeping state in which this occurs.

(3) To have a dream.

(4) A sequence of imaginative thoughts indulged in while awake; daydream; fantasy.

(5) A vain hope; to suffer delusions; be unrealistic you're dreaming if you think you can win

(6) A cherished hope; ambition; aspiration.

(7) A descriptor of a theoretically possible, though improbable assembly or conjunction of people, things or events (dream team etc).

1200–1250:  From the Middle English dreem from the Old English drēam (joy, pleasure, gladness, delight, mirth, rejoicing, rapture, ecstasy, frenzy, music, musical instrument, harmony, melody, song, singing, jubilation, sound of music).  Cognate with Scots dreme (dream), the North Frisian drom (dream), the West Frisian dream (dream), the Low German and Dutch droom (dream), the German traum (dream), the Danish & Norwegian Bokmål drøm, the Norwegian Nynorsk draum, the Swedish dröm (dream), the Icelandic draumur (dream), the Old Saxon drōm (mirth, dream) the Old Norse draumr (dream) and the Old High German troum (dream), the Old English drēag (spectre, apparition), the Dutch bedrog (deception, deceit), the German trug (deception, illusion) and even the Ancient Greek thrulos.  The Old English was derived from the Proto-Germanic draumaz and draugmaz, the ultimate root being the primitive Indo-European dhrowgh from dhrewgh (to deceive, injure, damage).  The modern sense was first recorded in Middle English but most etymologists assume it must have been current in both in Old English and Old Saxon; the sense of "dream", though not attested in Old English, may still have been present (compare Old Saxon drōm (bustle, revelry, jubilation), and was reinforced later in Middle English by Old Norse draumr (dream) from same Proto-Germanic root.

However, among scholars there are pedants who insist the link is not established.  In Old English, dream meant only "joy, mirth, noisy merriment" and also "music" and much study has failed to prove the Old English dream is the root of the modern word for "sleeping vision," despite being identical in spelling.  Either the meaning of the word changed dramatically or "vision" was an unrecorded secondary Old English meaning of dream, or there really were two separate words.  The words for "sleeping vision" in Old English were mæting and swefn, the latter originally meant "sleep," as did a great many Indo-European "dream" nouns such as the Lithuanian sapnas, the Old Church Slavonic sunu, and the Romanic words: the French songe, the Spanish sueño and the Italian sogno all from the Classical Latin somnium, derived from the primitive Proto-European swepno, cognate with Greek hypnos from which Modern English ultimately picked up somnolence.  Dream in the sense of "ideal or aspiration" dates only from 1931, derived from the earlier sense of "something of dream-like beauty or charm", noted first in 1888.

From Aristotle to Freud

Philosophers and physicians have long discussed the nature of dreams and Aristotle (384–322 BC), a bit of both, included as one of three chapters discussing sleep, the essay  De Insomniis (On Dreams) in his Parva Naturalia (short treatises on nature).  Aristotle pondered (1) whether dreams are the product of thought or of sensations, (2) the nature of sleep, the effect upon the body and its senses and (3) how dreams are caused, concluding it’s the residual movements of the sensory organs that create their existence.  A practical Greek, he also noted some dreams appear to be cause by indigestion or too much strong drink.

Dream analysis: Lindsay Lohan on Sigmund Freud’s couch.

In western thought, not much was added for two thousand-odd years, the more cheerful of the philosophers happy to speak of dreams being the minds of men free to explore their imaginings while gloomier types like Thomas Hobbes (1588–1679) thought them but things “caused by the distemper of some inward parts of the body.”  It wasn’t until Sigmund Freud’s (1856-1939) book The Interpretation of Dreams (1899), that a systematised attempt was made to include dreams as part of psychiatry within the discipline of modern medicine.  Freud acknowledged Aristotle's definition of dreams as "…the mental activity of the sleeper in so far as he is asleep..." was empirically superior to any suggestion of them being something supernatural or mystic, a view that advances in modern neurobiology haven’t challenged although Freud’s views have been much criticised.

Freud’s early thinking was that dreams were manifestations of the sleeper’s unconscious wish fulfilment, what he called the "royal road to the unconscious", made possible by the absence of the repressions of consciousness.  In order to conform to his other psychoanalytic theories, he argued our unconscious desires often relate to early childhood memories and experiences, dreams having both a manifest and latent content, the latter relating to deep unconscious wishes or fantasies while the former he dismissed as superficial and without meaning although he did add the manifest often disguises or obscures the latent.  What was never disguised was that Freud regarded most of the latent, regardless of the form it assumed, as inherently sexual but he later retreated from this, just as he did from his early emphasis on the primacy of unconscious wish fulfilment, noting in his 1920 essay Beyond the Pleasure Principle that trauma other experiences could influence both the existence and content of dreams.

Freud’s technique of free association

Freud classified five separate processes that facilitate dream analysis.

(1) Displacement occurs when the desire for one thing or person is symbolized by something or someone else.

(2) Projection happens when the dreamer places their own personal desires and wants onto another person.

(3) Symbolization is illustrated through a dreamer’s unconscious allowing of repressed urges and desires to be metaphorically acted out.

(4) Condensation illustrates the process by which the dreamer hides their feelings and/or urges through either contraction or minimizing its representation into a brief dream image or event.

(5) Rationalization (also referred to as secondary revision) can be identified as the final stage of dream-work in which the dreaming mind intently organizes an incoherent dream into something much more comprehensible and logical for the dreamer.

Freud also held there was a universality of symbols in dreams and his list highlights socially undesirable behaviour in euphemistic forms, a subset of which is.

(1) Vagina - circular objects; jewelry.

(2) Penis and testicles - oblong objects; the number three.

(3) Castration - an action that separates a part from the whole (losing a tooth).

(4) Coitus - an action that resembles sexual behaviour (riding a horse).

(5) Urine - anything yellow in colour.

(6) Faeces - anything brown in colour; chocolate

Although, like much of his work, Freud theories on dreams have become less fashionable within the profession, in popular culture, dream interpretation services based on Freudian systems remain widely read and are a staple of self-help books, web pages and the dozens of dream interpretation apps.

After Freud: Not everything is about sex

Animals often represent the part of your psyche that feels connected to nature and survival. Being chased by a predator suggests you're holding back repressed emotions like fear or aggression.

Babies can symbolize a literal desire to produce offspring, or your own vulnerability or need to feel loved. They can also signify a new start.

Being chased is one of the most common dream symbols in all cultures. It means you're feeling threatened, so reflect on who's chasing you (they may be symbolic) and why they're a possible threat in real life.

Clothes make a statement about how we want people to perceive us. If your dream symbol is shabby clothing, you may feel unattractive or worn out. Changing what you wear may reflect a lifestyle change.

Crosses are interpreted subjectively depending on your religious beliefs. Some see it as symbolizing balance, death, or an end to a particular phase of life. The specific circumstances will help define them.

Exams can signify self-evaluation, with the content of the exam reflecting the part of your personality or life under inspection.

Death of a friend or loved one represents change (endings and new beginnings) and is not a psychic prediction of any kind. If you are recently bereaved, it may be an attempt to come to terms with the event.

Falling is a common dream symbol that relates to our anxieties about letting go, losing control, or somehow failing after a success.

Faulty machinery in dreams is caused by the language center being shut down while asleep, making it difficult to dial a phone, read the time, or search the internet. It can also represent performance anxiety.

Food is said to symbolize knowledge, because it nourishes the body just as information nourishes the brain. However, it could just be food.

Demons are sneaky evil entities which signify repressed emotions. You may secretly feel the need to change your behaviors for the better.

Hair has significant ties with sexuality, according to Freud. Abundant hair may symbolize virility, while cutting hair off in a dream shows a loss of libido. Hair loss may also express a literal fear of going bald.

Hands are always present in dreams but when they are tied up it may represent feelings of futility. Washing your hands may express guilt. Looking closely at your hands in a dream is a good way to become lucid.

Houses can host many common dream symbols, but the building as a whole represents your inner psyche. Each room or floor can symbolize different emotions, memories and interpretations of meaningful events.

Killing in your dreams does not make you a closet murderer; it represents your desire to "kill" part of your own personality. It can also symbolize hostility towards a particular person.

Marriage may be a literal desire to wed or a merging of the feminine and masculine parts of your psyche.

Missing a flight or any other kind of transport is another common dream, revealing frustration over missing important opportunities in life. It's most common when you're struggling to make a big decision.

Money can symbolize self worth. If you dream of exchanging money, it may show that you're anticipating some changes in your life.

Mountains are obstacles, so to dream of successfully climbing a mountain can reveal a true feeling of achievement. Viewing a landscape from atop a mountain can symbolize a life under review without conscious prejudice.

Nudity is one of the most common dream symbols, revealing your true self to others. You may feel vulnerable and exposed to others. Showing off your nudity may suggest sexual urges or a desire for recognition.

People (other dream characters) are reflections of your own psyche, and may demonstrate specific aspects of your own personality.

Radios and TVs can symbolize communication channels between the conscious and unconscious minds. When lucid, ask them a question.

Roads, aside from being literal manifestations, convey your direction in life. This may be time to question your current "life path".

Schools are common dream symbols in children and teenagers but what about dreaming of school in adulthood? It may display a need to know and understand yourself, fueled by life's own lessons.

Sex dreams can symbolize intimacy and a literal desire for sex. Or they may demonstrate the unification of unconscious emotions with conscious recognition, showing a new awareness and personal growth.

Teachers, aside from being literal manifestations of people, can represent authority figures with the power to enlighten you.

Teeth are common dream symbols. Dreaming of losing your teeth may mark a fear of getting old and being unattractive to others.

Being trapped (physically) is a common nightmare theme, reflecting your real life inability to escape or make the right choice.

Vehicles may reflect how much control you feel you have over your life - for instance is the car out of control, or is someone else driving you?

Water comes in many forms, symbolizing the unconscious mind. Calm pools of water reflect inner peace while a choppy ocean can suggest unease.

Monday, June 3, 2024

Rebarbative

Rebarbative (pronounced ree-bahr-buh-tiv)

(1) Causing annoyance, irritation, or aversion; repellent (usually of people but can be applied to concepts or objects such as unpleasing buildings.

(2) Fearsome; forbidding (obsolete).

(3) An object (typically a fabric or other surface) having a coarse or roughly finish (rare and usually a literally device). 

1885: From the French rébarbative, the feminine form of the fourteenth century rébarbatif (disagreeable; repellent; unattractive), from the Middle French rébarber (to oppose; to stand up to;to be unattractive) from the Old French rebarber (to repel (an enemy), to withstand (him) face to face).  The construct was ré- + barbe (beard) + -atif (-ative).  The re- prefix was from the Middle English re-, from the circa 1200 Old French re-, from the Latin re- & red- (back; anew; again; against), from the primitive Indo-European wre & wret- (again), a metathetic alteration of wert- (to turn).  It displaced the native English ed- & eft-.  A hyphen is not normally included in words formed using this prefix, except when the absence of a hyphen would (1) make the meaning unclear, (2) when the word with which the prefix is combined begins with a capital letter, (3) when the word with which the is combined with begins with another “re”, (4) when the word with which the prefix is combined with begins with “e”, (5) when the word formed is identical in form to another word in which re- does not have any of the senses listed above.  As late as the early twentieth century, the dieresis was sometimes used instead of a hyphen (eg reemerge) but this is now rare except when demanded for historic authenticity or if there’s an attempt deliberately to affect the archaic.  Re- may (and has) been applied to almost any verb and previously irregular constructions appear regularly in informal use; the exception is all forms of “be” and the modal verbs (can, should etc).  Although it seems certain the origin of the Latin re- is the primitive Indo-European wre & wret- (which has a parallel in Umbrian re-), beyond that it’s uncertain and while it seems always to have conveyed the general sense of "back" or "backwards", there were instances where the precise was unclear and the prolific productivity in Classical Latin tended make things obscure.

Barbe was from the Latin barba (beard), literally “to stand beard to beard against”.  The French suffix -atif was used in to indicate “of, related to, or associated with the thing specified”.  The English equivalent was -ative, the construct of which was -at(e) + -ive.  The suffix -ate was a word-forming element used in forming nouns from Latin words ending in -ātus, -āta, & -ātum (such as estate, primate & senate).  Those that came to English via French often began with -at, but an -e was added in the fifteenth century or later to indicate the long vowel.  It can also mark adjectives formed from Latin perfect passive participle suffixes of first conjugation verbs -ātus, -āta, & -ātum (such as desolate, moderate & separate).  Again, often they were adopted in Middle English with an –at suffix, the -e appended after circa 1400; a doublet of –ee.  The –ive suffix was from the Anglo-Norman -if (feminine -ive), from the Latin -ivus.  Until the fourteenth century, all Middle English loanwords from the Anglo-Norman ended in -if (actif, natif, sensitif, pensif et al) and, under the influence of literary Neolatin, both languages introduced the form -ive.  Those forms that have not been replaced were subsequently changed to end in -y (hasty, from hastif, jolly, from jolif etc).  Like the Latin suffix -io (genitive -ionis), the Latin suffix -ivus is appended to the perfect passive participle to form an adjective of action.  Rebarbative is an adjective, rebarbativeness is a noun and rebarbatively is an adverb.

Although now applied almost always to tiresome people, rebarbative has been applied to buildings (modern architecture offering much scope for use), music (many the compositions of the twentieth century and beyond well deserving the critique) and poetry (again, modernism the culprit).  The French rébarbatif (repellent or disagreeable) was from the Middle French rebarber (to oppose), the construct being re- (in the sense of “again”) + barbe (beard) from the Latin barba (the distant relative of the English “beard” & “barber”) and etymologists say the literal meaning was “to stand beard to beard against”, leading etymologists to conclude the origin of the modern sense lay in the “itchy, irritating quality of a beard”, extended to anything or anyone “irritating or annoying”.  As recently as the 1930s it was also used in the literal sense of the tactile sensation engendered a surface “coarse or roughly finished”, applied to the fabric called “drugget”, from the French droguet, from drogue (cheap), of uncertain origin.  Dating from the sixteenth century, drugget was an inexpensive and coarse woolen cloth, used mainly for clothing.

Mutually rebarbative: Donald Trump (b 1946; US president 2017-2021, left) & crooked Hillary Clinton (b 1947; US secretary of state 2009-2013, right), second presidential debate, 9 October 2016, Washington University, St Louis, Missouri.  Given recent events, crooked Hillary can now start calling him “crooked Donald”.

Since the 1890s rebarbative has applied now to anyone really annoying, repellent or generally disagreeable, the Oxford English Dictionary (OED) listing the earliest known instance of the adjective rebarbatively as dating from 1934.  The state of disagreeability being obviously as spectrum, the comparative is “more rebarbative” and the superlative “most rebarbative”.  It’s not as if English lacks words with which to describe someone as “annoying or objectionable” but the charm of rebarbative is its rarity.  The meaning will however be obscure to many so if an immediate impact is important, the more commonly used synonyms include irritating, annoying, frustrating, disturbing, abrasive, exasperating, irksome, maddening, painful, bothersome, pesky, galling, peeving, carking, riling, rankling, chafing, troublesome, infuriating, disquieting, mischievous, burdensome, displeasing, discomforting, biting, troubling, offensive, importunate, distressing, stressful, upsetting, thorny, enraging, angering, worrisome, trying, jarring, grating & jangling; less heard forms include pestilential, pestiferous, vexatious, vexing, nettlesome, nettling, pestilent, plaguey, plaguy, pesty, distractive, brattish, bratty, spiny & importune.  Bridget Jones in Helen Fielding's (b 1958) Bridget Jones's Diary (1996) liked "vile" which is a wonderful word and one which for some reason is a genuine pleasure to say, the meaning emphasized by lengthening the sound.  Vile was from the Middle English vile, vyle & vyl, from the Anglo-Norman ville, from the Old French vil & vile, from Latin vīlis (cheap, inexpensive; base, vile, mean, worthless, cheap, paltry), from the Proto-Italic weslis, from the primitive Indo-European weslis, a deverbal adjective with passive meaning (which can be bought), from the root of venus (sale).  In Latin the comparative was vīlior and the superlative vīlissimus.

Ever the trendsetter, during one of her appearances in court (Los Angeles, July 2010), Lindsay Lohan illustrated a novel means by which rebarbativeness could be expressed: fingernail art.  However, after paparazzi photographs were published, Ms Lohan tweeted the message was not directed at the judge but was done as a joke”, adding “It had nothing to do w/court… it’s an airbrush design from a stencil.  Now we know, but it’s still a good technique.

For those who wish to convey a sense of resigned weariness the best choice is probably "tiresome" but a synonym of rebarbative which does sometimes annoy (though not aggravate) the pedants is "aggravate" which in Modern English has three senses: (1) To make worse or more severe; intensify (as anything evil, disorderly, or troublesome), (2) To annoy; to irritate; to exasperate and (3) In law (as aggravated), a class of criminal offence made more serious by certain circumstances which prevailed during its commission (violence, use of a weapon, committed during hours of darkness et al).  Dating from the 1420s, aggravate was from the late Middle English aggravate (make heavy, burden down), from the Latin aggravātus, past participle of aggravāre (to render more troublesome (literally to make heavy or heavier, add to the weight of)), the construct being ad- (to) + gravare (add to; to make heavy), from gravis (heavy), from the primitive Indo-European root gwere- (heavy).  The earlier English verb was the late fourteenth century aggrege (make heavier or more burdensome; make more oppressive; increase, intensify, from the Old French agreger.  Aggravate is a verb, aggravated & aggravative are adjectives, aggravator is a noun and aggravating a verb.

The literal sense in English (make heavier) has been long obsolete, the modern meanings (1) "to make a bad thing worse" dates from the 1590s while (2) the colloquial sense (to exasperate or annoy) is from 1611.  So, although it has for centuries disturbed the usage mavens, the meaning "to annoy or exasperate” has been in continuous use since the sixteenth century.  There are sources which note the later meaning emerged within twenty years of the first but it’s a highly technical point of definition and the original meaning, “to make worse” did have roots in Classical Latin.  Henry Fowler (1858-1933) in his authoritative Dictionary of Modern English Usage (1926) was emphatic in saying aggravate has properly only one meaning: “to make (an evil) worse or more serious” and that to “use it in the sense of annoy or exasperate is a vulgarism that should be left to the uneducated.”  Henry Fowler was always a model of clarity.  He was also a realist and acknowledged “usage has beaten the grammarians” and that condemnation of the vulgarism had “become a fetish.  The meaning “to annoy” is now so ubiquitous that it should be thought correct; that’s how the democratic, unregulated English language works.  However, for the fastidious, it may be treated in the same way as the split infinitive, something tolerated in casual but not formal discourse and certainly never in writing.

Sunday, June 26, 2022

Mandamus

Mandamus (pronounced man-dey-muhs)

At common law, an order of a superior court or officer commanding (an inferior tribunal, public official, or organ of the state) a specific thing be done.  Formerly a writ, now issued as an order.

1530-1535:  From Middle English, a borrowing from the late fourteenth century Anglo-French, from the Latin mandāmus (we order (which were printed as the opening words of a writ of mandamus), first person plural present indicative of mandāre (to order).

Some writs

A mandamus was a writ compelling a court or government official correctly to perform that which the law required; for technical reasons it’s now issued as an order rather than a writ.  It’s one of a number of procedures called the prerogative writs, an evolutionary fork of the common law which ensured courts could compel governments to adhere to the law.  These devices constitute the means by which the rule of law is maintained and, because of the intent, a mandamus must follow black-letter law.  If a law says a minister must review something, the court can force only the review and cannot instruct what the finding should be.  The use is now generally limited to cases of complaint someone having an interest in the performance of a public duty, when effectual relief against its neglect cannot be had in the course of an ordinary action.

There are other mechanisms in this class.  The subpoena duces tecum (order for production of evidence) is a summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.  It’s similar to the subpoena ad testificandum (summoning a witness orally to testify) but differs in that it requires the production of physical evidence.  The literal translation was "under threat of punishment, you will bring it with you", the construct being sub (under) + poena (penalty) + duces (you will bring) + te (you) + cum (with).  Habeas corpus in the Medieval Latin meant literally "that you have the body".  It provides recourse in law by which a person can report an unlawful detention to a court and request the court order those holding the person to bring the prisoner before a court so it might decide whether the imprisonment is lawful; it is best understood in modern use as "bring us the body".  The quo warranto, which in Medieval Latin was literally "by what warrant?" required a person to show the court by what authority they have for exercising some right, power, or franchise they claim to hold.  A prohibito (literally "prohibited") directed the stopping of something the law prohibits.  A procedendo, from Medieval Latin in the sense of the meanings “proceed; prosecute”, was a writ sending a case from an appellate court to a lower court with an order to proceed to judgment and was also the writ by which the suspended commission of a justice of the peace was revived.  A writ of certiorari was a request for judicial review of the findings or conduct of an inferior court, tribunal, or other public authority ands in its pure form it existed by right, not by leave of the court.  The Medieval Latin was certiorārī (volumus), a literal “we wish to be informed".  Certiorari is the present passive infinitive of the Latin verbs certioro, certiorare (to inform, apprise, show).

William Marbury (left) & James Madison (right).  Marbury's former house in Georgetown, Washington DC is now the Ukrainian Embassy to the United States.

Marbury v Madison (5 U.S. (1 Cranch) 137 (1803)) was the US Supreme Court case which established the principle of judicial review in the United States, the consequence being US courts have the power to strike down laws they find to violate the US Constitution; it’s thus regarded as the single most important decision in US constitutional law, establishing that the constitution, although a foundation political document, is also actual law and thus the country’s basic law.  It was this decision which made possible the enforcement of the separation of powers between the federal government’s executive and judicial branches.

The case had an unlikely origin in a political squabble which sounds remarkably modern.  John Adams (1735–1826; US president 1797-1801) had lost the election of 1800 to Thomas Jefferson (1743–1826; US president 1801-1809) and in March 1801, two days before his term ended, Adams appointed several dozen Federalist Party supporters to judicial offices, intending to sabotage the Democratic-Republican Party’s incoming administration.  A compliant Senate confirmed the appointments with a haste which would seem now extraordinary but the outgoing Secretary of State John Marshall (1755–1835; US secretary of state 1800-1801 & chief justice 1801-1835) did not deliver all of the papers of commission before Jefferson's inauguration, thus encouraging the new president to declare them void.  One undelivered commission was that of William Marbury (1762–1835) and in late 1801, after Madison had more than once declined to deliver his commission, Marbury filed suit in the Supreme Court requesting the issue of a writ of mandamus, requiring Madison to deliver the papers.

The court’s judgement was handed down by John Marshall, now the chief justice.  The court held that (1) the president’s refusal to deliver the commission was illegal and (2) in those circumstances a competent court would order the official in question to deliver the commission.  However, despite the facts of Marbury v Madison, no writ of mandamus was issue, the rationale being that upon examining the law with which Congress had granted the Supreme Court jurisdiction in such matters, the legislature had expanded the definition of its jurisdiction beyond that which was specified in the constitution.  The Court then struck down that section of the law, announcing that American courts have the power to invalidate laws they find violate the Constitution.  The finding in Marbury v Madison was the origin of judicial review in the US.

Forrest-Marbury House, 3350 M Street NW, Georgetown, Washington DC, once the home of William Marbury.  It was in this house on 29 March 1791 that George Washington (1732–1799; president of the US 1789-1797) negotiated the real-estate deal for the land that would become Washington DC.  Since 1992, it has been the chancery of the Embassy of Ukraine.

Monday, February 13, 2023

Ass & Arse

Arse (pronounced ahrs)

(1) One of many slang terms for the human buttocks (in much of the English-speaking world except the US).

(2) By extension, one of many slang terms applied to the rear or back-end of anything, animal, vegetable or mineral (in much of the English-speaking world except the US).

(3) In Australian slang, effrontery; cheek.

(4) In slang, a stupid, pompous, arrogant, mean or despicable etc person, a use sometimes enlivened as “arsehole” (in much of the English-speaking world except the US).

(5) A person; the self; (reflexively) oneself or one's person, chiefly their body and by extension, one's personal safety, or figuratively one's job, prospects etc (in much of the English-speaking world except the US).

(6) In biochemistry, as ARSE, the abbreviation of arylsulfatase E (an enzyme, deficiencies in which are associated with abnormalities in cartilage and bone development).

Pre 1000: From the Middle English ars, eres & ers, from the Old English ærs & ears, from the Proto-West Germanic ars, from the Proto-Germanic arsaz and cognate with the Old Frisian ers, the Dutch aars, the Old Norse, Middle Low German, Old Saxon & Old High German ars (from which modern German gained Arsch), the Greek órrhos (rump (from orso-, used frequently in compounds)), the Armenian or̄kh and the Hittite arras.  All of the nouns derive ultimately probably from the primitive Indo-European h₃érsos- (backside, buttocks, tail), the source also of the Ancient Greek ourá & orros (tail, rump, base of the spine), the Hittite arrash and the Old Irish err (tail).  In the hierarchy of vulgarity, arse had an interesting history, beginning as something purely descriptive but, because of the association with the buttocks and their functions (with all that that implies), the word soon became a vulgar form, avoided in polite conversation.  That restraint lingered well into the twentieth century but even though things are now more relaxed, a careless use of arse in the wrong time and place, in the wrong company, can still cause offence.  The Latin arse was the vocative masculine singular of arsus, the perfect passive participle of ārdeō which was used with a variety of senses (1) to burn (to be consumed by fire), (2) Of eyes which glow or sparkle, (3) in poetic use, to glisten with a feature, usually with a colour, (4) figuratively, “to burn, be strongly affected with an emotion, (5), figuratively, “to be eager” & (6) figuratively, ardently or fervently to be in love, to burn with lustful or romantic desire.  Arse is a noun & verb; arsing is a verb and arsed is a verb & adjective; the noun plural is arses.

There can have been few words as productive as arse in the construction of slang and idiomatic forms, some of which survived while some died out.  To “hang the arse” (slow, reluctant; tardy) was from the 1630s while the more graphic (and in some cases presumably literal) “arse-winning” referred to income gained from prostitution "money obtained by prostitution" was in Middle English in the late fourteenth century.  The familiar “arse over tit” (to fall down; to fall over) is actually an alternative form of the original “arse over tip” which was first recorded in 1884 although it had probably long been in oral use.  Arseward was a synonym of backward in the fourteenth century while the mysterious arsy-versy (backside foremost) dates from the 1530s and was probably a reduplication of arse, perhaps with suggestions of “going backwards; in reverse”.  Arsehole can of course be literal (referencing the anus) and the late fourteenth century was spelled arce-hoole, an inheritance from the Old English in which the Latin anus was glossed with earsðerl (literally "arse-thrill" with the noun thrill used in its original sense of "hole".  Asshole (a stupid, pompous, arrogant, mean or despicable etc person) is also a frequently used term of abuse.  One long-serving Australian foreign minister, early in his undistinguished term was overheard referring to poor nations as “BACs” (busted arse countries) and while he never apologized, did sit smirking in parliament while the prime-minister assured the house he’d been assured it wouldn’t happen again (presumably the leak rather than the comment).  A smart-arse (a person thought flippant or insolent, usually with a tendency to make snide remarks) should not be confused with an arse-smart (also ars-smart), the herb Persicaria hydropiper (formerly Polygonum hydropiper), named in the early fourteenth century, the construct being arse + smart (in the sense of “pain”).  The herb was also at the time once culrage and since the late eighteenth century has been known as smartweed.  Arse smart was a direct translation of the Old French cul rage, the construct being the Old French cul + rage which some sources suggest is from the Latin rabies (from rabiō (to rage)) but evidence is lacking and the French word may have been a folk etymology.

In German "My ass!" is spelled "Mein Arsch!".

The list of arse-based phrases (some of which began in the US as “ass” slang) is long and perhaps impossible wholly to compile but some of the other more frequently used forms are (1) arseage or pure arse (good and usually undeserved luck), (2) arse licker (sycophancy, also expressed as suck arse or kiss arse), sometime used in conjunction with (3) arse-kicker (stern superior) in the phrase (4) “kisses up, kicks down” which refers to those obsequious towards superior and officious to subordinates, (5) light up someone’s arse (provide encouragement in a strident or violent manner) which Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) used in typically imaginative manner, telling his staff just after the failure of the July 1944 plot to assassinate Adolf Hitler (1889-1945; German head of government 1933-1945 & head of state 1934-1945), “It takes a bomb under his arse to make Hitler see reason”, (6) arse about (and arse around) which can mean either “the wrong way around” or “behaving frivolously, wasting time”, (7) half-arsed (something done badly or improperly), (8) fat arse (someone overweight), (9) dumb arse (someone considered not intelligent or an act thought most unwise, (10) cover one's arse (to take such action as one considers necessary to avoid later blame or censure (this one definitely borrowed from the US), (11) to break one’s arse (working hard), (12) arse in a sling (an unfortunate state in one’s personal affairs, especially if the consequence of one’s own mistakes or ill-considered actions, (13) pain in the arse (someone or something troublesome or really annoying (pain in the neck the polite alternative)), (14) kick in the arse (a form of encouragement, a punishment or combination of the two), (15) bet your ass (an expression of certainty), (16) pulled it out of one’s arse (an admission of luck), the companion phrase being (17) can’t just pull it out of one’s arse (introducing a sense of reality to a conversation), (18) stick it up (your) arse (declining an offer, invitation or suggestion) and (19) can't be arsed (can’t be bothered).

Gratuitous objectification: One dozen pictures of Lindsay Lohan’s ass.

Ass (pronounced ass or ahrs)

(1) Ass is a noun and the adjectival form is ass-like (assesque a bit clumsy); the noun plural is asses.  adjective: asinine

(2) Either of two perissodactyl mammals of the horse family (Equidae), Equus asinus (African wild ass) or E. hemionus (Asiatic wild ass).  They are long-eared, slow, placid, sure-footed and easily domesticated, thus long used as a beast of burden.

(3) An alternative spelling of arse (buttocks or anus) and the standard form in the US and much of Canada.

(4) A stupid, foolish, absurdly pompous or stubborn person (although when seeking to suggest stubborn, “mule” was historically the more usual form).

(5) Someone with whom sexual intercourse is desired, contemplated or achieved and in those contexts can be used also to express admiration (nice piece of ass).

Pre-1000:  From the Middle English asse, from the Old English assa, probably a pet name or diminutive form based on a Celtic form such as the Old Irish asan or the Old Welsh asen, from the Latin asinus and akin to the Greek ónos (the donkey-like ass), from a non-Indo-European language of Asia Minor, possibly the Sumerian anše (ass).  The use as an alternative spelling of arse dates from the 1860s in the US and may be related to the increase in the mixing of linguistic traditions during the Civil War.

Arse thus is the British slang word referring to (1) the human or animal posterior, or (2) a stupid person.  Ass is the American equivalent and is used also as the name of the beast of burden so like “check”, in US English there is potential for confusion whereas in British & Commonwealth use, the ass/arse & cheque/check distinction avoids this although, given the differences in definition, ass is less prone than check.  Some style guides and the more helpful dictionaries caution that ass in the US is less acceptable that arse has become in the commonwealth and when speaking of the beast, donkey or mule is often used, even when zoologically dubious.  Still, the word is useful and on Reddit there’s the subreddit AITA ("Am I the asshole), which is the clearing house for enquiries where those involved in disputes can seek views on whether they are in the wrong.

Dick Assman (Assman the Gasman), Regina, Saskatchewan, Canada, 1995.

Dick Assman (1934-2016) was a Canadian gas (petrol) station employee who gained his fifteen minutes (actually several months) of fame by virtue of his name which came to the attention of US talk-show host David Letterman (b 1947).  Seeing the comedic potential, Letterman in mid-1995 added a nightly segment called Assman the Gasman which lasted a few weeks but it generated for Mr Assman so much name-recognition, that it led to opportunities such as judging beauty contests.  The names Assman & Assmann are of fourteenth century German origin and are thought variations of Erasmus from the Ancient Greek erasmos (loved).  It was originally a personal name which evolved into a surname as the conventions of family names evolved in the post-feudal period.  Mr Assman enjoyed the celebrity ride but did note the name is correctly pronounced oss-man.

Bismarck class Schlachtschiff (battleship) KMS Tirpitz. 

Vice Admiral Kurt Assmann (1883-1962) had a career at sea before between in 1933 appointed head of the historical section of the German Navy (Kriegsmarine which would later become Oberkommando der Marine (OKL; the naval high command)).  The books he published in the post-war years are a valuable source of facts and a helpful chronology but much of his analysis about political and naval strategy was criticized on both sides of the Iron Curtain.  His nephew was naval Captain Heinz Assmann (1904—1954) who for a time served on the Bismarck-class battleship KMS Tirpitz and was later attached to Oberkommando der Wehrmacht (OKW; the armed forces high command).  His notable contribution to history was being in the conference room on 20 July 1944 when the bomb intended to kill Hitler exploded.  After recovering from his injuries, he returned to his duties at OKW and was attached to the Flensburg staff of Grand Admiral Karl Dönitz (1891–1980; head of the German Navy 1943-1945, German head of state 1945) when the latter was named in Hitler’s political testament as his successor as head of state, his time in office lasting three weeks.  Captain Assmann subsequently was interviewed by allied investigators who were seeking fully to understand the chain of events of on the day of the July plot.  Between 1953-1954, he served as a member of the Hamburg Parliament.

The ass in thought crime

Thou shalt not covet is one of the biblical Ten Commandments (or Decalogue), regarded by most scholars as moral imperatives.  Both Exodus and Deuteronomy describe the commandments as having been spoken by God, inscribed on two stone tablets by the finger of God, and, after Moses shattered the originals, rewritten by God on others.

Thou shalt not covet thy neighbor’s house. Thou shalt not covet thy neighbor’s wife, or his male or female servant, his ass, or anything that belongs to thy neighbor.

Thy neighbor's ass.

It differs from the other nine in that while they’re concerned with the actions of sinners, the prohibition on being a coveter is about a sinner's thoughts and thus, an early description of thoughtcrime (a word coined by George Orwell (1903-1950) for his dystopian 1949 novel Nineteen Eighty-Four).  Indeed Matthew (5:21-21, 27-28) anticipates Orwell in saying that it’s not enough merely to obey the commandment “thou shalt not commit adultery because “…anyone who looks upon a woman with lust has already committed adultery in his heart”.  Jimmy Carter (b 1924; US President 1977-1981) quoted this in his Playboy interview, a statement of presidential probity neither shared nor always adhered to by all his successors and predecessors.  In that context, it should be remembered there's an (unwritten) eleventh commandment: "Thou shall not get caught".