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

Sunday, February 12, 2023

Lord

Lord (pronounced lawrd)

(1) In historic use, the master of the servants of a household; the master of a feudal manor (obsolete).

(2) A person who has authority, control, or power over others; a master or chief (now used only informally).

(3) A person who exercises authority from property rights; an owner of land, houses etc (a concept which persists in British & (some) Commonwealth land law in the title of Lord Paramount; in historical use, a feudal tenant holding his manor directly of the monarch.

(4) Informally, a person who is a leader or has great influence in a chosen profession; a magnate of a trade or profession (tobacco lords, press lords etc).

(5) In medieval Europe, a feudal superior, especially the master of a manor.

(6) In the UK peerage, a courtesy title granted to the sons of senior peers.

(7) The Lords Spiritual and Lords Temporal comprising the UK's House of Lords (always plural).

(8) In the UK, the ceremonial title of certain officials (used with some other title, name, or the like) such as Lord Chancellor, Lord Chief Justice etc.

(9) As “my Lord Bishop”, the polite title of a bishop (obsolete).

(10) In the peerage of the UK, the title informally substituted for baron, viscount, earl or marquis.

(11) The Supreme Being; God; Jehovah (initial capital letter).

(12) The Savior, Jesus Christ (initial capital letter).

(13) In astrology, a planet having dominating influence.

(14) Slang for a husband considered as head of the household (archaic except in the facetious phrase lord and master although use persists in some fundamentalist sects).

(15) In UK slang, a hunchback (obsolete).

(16) In Australian slang sixpence (the five cent piece) (obsolete).

1300s: From the fourteenth century Middle English lord and lorde, from the thirteenth century lourde and other variants which dropped the intervocalic consonant of the earlier lowerd, louerd, loverd, laford & lhoaverd, all derived from the Old English hlāford, from hlāfweard, the construct being hlāf (bread) + weard (keeper, guardian).  The term was already being applied broadly prior to the literary development of Old English and was influenced by its common use to translate Latin dominus.  The equivalent Scots form laird (lord), preserved a separate vowel development (which was the influence of the northern (Scottish & Middle English lard & laverd)), like the Old English compound hlāf-ǣta (servant (literally “bread-eater”)) and the modern English lady, from the Old English hlǣfdīġe (bread-kneader).  The Old English hlaford was a contraction of earlier hlafweard (literally "one who guards the loaves), the construct being from hlaf (bread, loaf) + weard (keeper, guardian), from the primitive Indo-European root wer- (perceive, watch out for).  The Middle English word laford entered Icelandic, where it survives as lávarður.  The modern monosyllabic form emerged in the fourteenth century and was used as an interjection from late in the century, the Lord's Prayer dating from the 1540s and although the Old English hlaford (master of a household, ruler, superior) also used to describe God (translating the Latin Dominus), the Old English drihten was much more common.

Warts & all: Portrait of Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) (1650), oil on canvas by Samuel Cooper (1609-1672).

The meaning "an owner of land, houses etc” dates from circa 1300, originally in the sense of “a landlord”.  As “my lord”, it was by 1540 (in England) the usual polite form when addressing a nobleman under the rank of a duke and a bishop" as was an interjection from the late fourteenth century.  As a general term of convenience used for the "peers of England" (especially those represented in parliaments), the use emerged in the mid-fifteenth century.  The Lord's Prayer was from the 1540s and the phrase "Year of our Lord" (ie AD, (translating the Latin anno domini) came into use from the late fourteenth century.  The expressions conveying a state of ignorance (Lord knows” & “Lord only knows” (both often appended with who, what, why etc)) seem first to have been recorded in 1711 although in oral use there may be a long tradition.  The phrase “drinks like a lord”, was from the 1620s, presumably an either allusion to the cost of strong drink or the habits of the gentry.

The verb lord dates from circa 1300 in the sense of "to exercise lordship, rule as a lord" and was directly from the noun, the intransitive meaning "to play the lord, domineer" emerging late in the fourteenth century, the phrase “to lord it over” first recorded in the 1570.  The interjection lordy was first noted in 1832 in imitation of African-American vernacular and was an extended form of the noun.  The noun lordling (puny or contemptible lord) was a late term of disparagement and is long obsolete.  An ancient calling, the noun warlord was coined only in 1856 and was usually considered a translation of the German Kriegsherr or the Chinese junfa.  The early fourteenth century adjective lordly originally had the sense of "haughty, imperious; of or pertaining to lords, noble” and was used as an adverb to convey “despotically” but by the 1530s was used to demote “magnificent, on a grand scale, fit for a lord”.  Lordship was from circa 1300 and was a direct translation of the Old English hlafordscipe (authority, rule, dominion (translating the Latin dominatio) and in common law developed as part of the system of land title.  As a form of address to nobles, judges etc, use emerged and was gradually formalized from the late fifteenth century.  The noun landlord (owner of a tenement, one who rents land or property to a tenant) dates from the early fifteenth century and by then Lord had been a surname for over a hundred years, best known now from the London cricket ground.  The Scottish laird (landed proprietor or hereditary estate-holder) emerged in the mid-fifteenth century, having been used a surname since the thirteenth, both forms a Scottish and northern England dialectal variant of lord.  Lord is a noun, proper noun, verb & interjection, lorded is a verb, lording is a noun & verb, lordy is an interjection and lordly is an adjective & adverb; the noun plural is lords.

Keith Miller (1919-2004), fourth Victory Test, Lord’s, August 1945.

The origin of Lord's Cricket Ground, in St John's Wood, London has nothing to do with the peerage.  It’s named after its founder, Thomas Lord (1755-1832), the third of three grounds he established between 1787 and 1814.  Lord was approached in 1786 by leading members of the White Conduit Club who wanted a more private venue and offered to underwrite the project so in May 1787, Lord acquired seven acres (28,000 m²) off Dorset Square for his first ground and White Conduit relocated there, soon becoming part of the new Marylebone Cricket Club (MCC).  When the lease ended in 1810, Lord secured an eighty-year lease on two fields, the Brick and Great Fields at North Bank, St John's Wood.  The second venue, now referred to as Lord's Middle ground, was built by 1809 but in 1813, Parliament requisitioned the land for Regent's Canal, thereby necessitating a further move.  Lord then moved his ground to the present site, literally rolling up the turf from the old and transplanting it to the new.

Following our Lord and Savior: Lindsay Lohan depicted as a Christ-like figure, draped in a white robe, arms outstretched, crucifixion-style, complete with crown of thorns (a nice touch), Lindsay Lohan, Purple Fashion magazine, Spring-Summer edition, 2010.

The image was one of a series by Terry Richardson (b 1965) and appeared on the cover of the spring-summer 2010 edition of the French magazine Purple Fashion, the photo-shoot featuring clothes by a number of designers including Zac Posen, Alexander McQueen & Emmanuel Ungaro but predictably it was the invocation of our Lord Jesus which attracted most interest.  A spokesman for the French Catholic League was quoted as saying "Not only is the pose inappropriate, the timing is offensive" (the magazine was released on the eve of Lent, the most sacred season in the Christian liturgical calendar).  Although Ms Lohan at the time had not much been associated with penitence and abstinence, not long before she had tweeted that she believed it's "all about karma...what goes around comes around."  In Hinduism and Buddhism, karma is an expression which describes the cyclical nature of an individual's thoughts & actions in this and previous lives, something which decides their fate in future existences.  Noting that, The League's spokesman said "If she believes that, then it behooves her to apologize to Christians before it's too late", adding that she is "spiritually homeless" and "would benefit by converting to Christianity."  Ms Lohan did not respond to the comments.

Tuesday, April 26, 2022

Woolsack

Woolsack (pronounced wool-sak)

(1) A sack intended to carry wool (sometimes wool-sack).

(2) The speaker’s chair in the House of Lords, one of a number of cloth-covered seats or divans, stuffed with wool, once used also by law lords, but best known as the seat of the Lord Chancellor and now the Lord Speaker.

(3) A reference to the historic Lord Chancellor's office.

(4) The historic name for the modern Australian wool bale.

1250-1300: Middle English compound word wool + sack.  Wool came from the Middle English wolle, from Old English wull, from Proto-Germanic wullō (cognate with the Saterland Frisian wulle, the Low German wull, the Dutch wol, German wolle and Norwegian ull.  All are thought derived from the primitive hwĺ̥hneh, thought also to have influenced the Welsh gwlân, the Latin lāna, the Lithuanian vìlna, the Russian во́лос (vólos), the Balau влас and the Albanian lesh.  All meant variously “wool, hair, fleece”.

Sack was from the Middle English sak (bag, sackcloth) from the Old English sacc (sack, bag) and sæcc (sackcloth, sacking), both from the Proto-Germanic sakkuz (sack), from the Classical Latin saccus (large bag), derived from the Ancient Greek σάκκος ((sákkos (bag of coarse cloth)).  Ultimate source is though Semitic, possibly Phoenician.  Word was cognate with the Dutch zak, the German Sack, the Swedish säck, the Hebrew שַׂק‎ ((śaq, sack, sackcloth)), the Aramaic סַקָּא, the Classical Syriac ܣܩܐ, Ge'ez ሠቅ (śä), the Akkadian saqqu and the Egyptian sg (to gather together).  There are sack factions among the etymologists.  Some suggest sack was originally Egyptian, a nominal derivative of sq that also yielded the Coptic sok and made its way into Greek by way of a Semitic intermediary.  Others reject this view on the technical grounds that an originally Egyptian word would be expected to yield the Hebrew סַק rather than שַׂק (only they understand this stuff).  This faction posits the Coptic and Greek words are both borrowings from Semitic, with the Coptic word perhaps developing via Egyptian sg.

The Horsesack

The Woolsack is the seat of the Lord Speaker in the House of Lords, the UK’s upper house although until the constitutional reforms of the twenty-first century, that was the role of the lord chancellor, an office dating at least from the Norman Conquest though references to the title appear as early as 605.  The New Labour government attempted in 2003 to abolish the office but a review determined it couldn’t be done without an act of Parliament and that was a distraction the government at the time preferred not to inflict on itself.  Instead, enabling legislation providing for the creation of the office of Lord Speaker and a redefinition of the role of lord chancellor was drafted in 2004 and, after a few squabbles, received royal assent a year later with the structural changes effected by 2006.

The Lord Chancellor (once styled as Lord High Chancellor of Great Britain) is in the UK’s order of precedence, the highest-ranking among the extant Great Officers of State, out-ranked only by certain royal personages and the Archbishop of Canterbury.  A lord chancellor is appointed by the sovereign on the advice of the prime-minister and before the acts of union which made them constituent parts of Great Britain, there were separate lord chancellors for the Kingdom of England (including the Principality of Wales) and the Kingdom of Scotland, the office of Lord Chancellor of Ireland disestablished in 1922, consequent upon the Anglo-Irish Treaty (1921) which granted Ireland a considerable autonomy which in the years to come would evolve into independence.  That the office of Lord Chancellor for Ireland existed as early as the twelfth century seems certain but whether this was something distinct from the English office is unclear and the oldest surviving records which verify a separate Irish office date from the thirteenth century.  For centuries the Irish appointee was a clergyman, usually English and while lay chancellors tended to be the rule after the Reformation (no cleric appointed after 1665), Irish-born appointments were rare before the mid-nineteenth century.

Emulated woolsack: A pregnant Lindsay Lohan in Sandro Ona sack dress, April 2023.  Historically, crocheted garments were fashioned from wool but the outer fabric of Sandro's Ono was 100% cotton (the lining 62% viscose & 38% polyamide) illustrating what's possible with modern techniques.

Today, as minister for justice, the Lord Chancellor sits in cabinet and is responsible for the administration and independence of the courts.  In this detail things differ from the Australian practice because in the UK, both the attorney-general and solicitor-general sit in parliament, although, by modern convention, the former now does not attend cabinet except when summoned to provide advice.  New Labour’s constitutional changes not only moved the roll of presiding over the Lords to the newly-created lord speaker but also ended the lord chancellor’s roll as head of the judiciary in England and Wales and presiding judge of the Chancery Division of the High Court, these duties assumed respectively by the lord chief justice and the chancellor of the High Court.  The rationale of the changes in 2005 was to give constitutional effect to the separation of powers (in the British context a division between the legislature & executive (which passes and administers the laws) and the judiciary (which interprets and enforces the laws).  In practice, the distinction had for many years been observed but structurally, it looked very murky, the lord chancellor as a cabinet member belonging to (1) the executive, on the Woolsack as presiding officer in the Lords belonging to (2) the legislature and as a judge in the chancery division, belonging to (3) the judiciary, ruling on laws he or she had earlier participated in passing.

It was the fourteenth century Edward III (1312–1377; King of England 1327-1377) who commanded his Lord Chancellor, when in council, should sit on the wool bale which became known as The Woolsack, the king wishing to draw attention to the crucial importance of the wool trade to the economy of medieval England.  In 1938, to symbolize imperial unity, the Lords directed the Woolsack be re-stuffed with wool from throughout the empire at which point it was discovered the Woolsack was actually stuffed with horsehair.  Even when re-stuffed, because of the construction, some horsehair had to be added to ensure structural integrity, the Lord Chancellor, (Quintin Hogg, second Lord Hailsham, 1907–2001; first entered parliament in 1938, Lord Chancellor 1970-1974 & 1979–1987), noting in 1986 that “wise Victorian ancestors” were responsible for the substitution.

Saturday, September 2, 2023

Concur

Concur (pronounced kuhn-kur)

(1) To accord in opinion; to agree.

(2) To cooperate; work together; combine; be associated.

(3) To coincide; occur at the same time.

(4) To run or come together; converge (obsolete).

1375–1425: From the late Middle English concur (collide, clash in hostility), from the Latin concurrere (to run together, assemble hurriedly; clash, fight), in transferred use “to happen at the same time", the construct being con (the Latin prefix variation of cum (with; together)) + currere (to run).  The early meaning in English was "collide, clash in hostility," the sense of "to happen at the same time" didn’t emerge until the 1590s; that of "to agree in opinion" a decade earlier.  Ultimate root was the Proto-Italic korzō, derived from the primitive Indo-European ers (to run).  Related forms are the adverb concurringly and the adjectives concurring and concurrent.  Despite the rarity, the verbs preconcur, preconcurred & preconcurring, and the adjectives unconcurred & unconcurring are said to exist, at least to the extent no dictionary appears yet to have declared them obsolete or archaic.  The adjective concurrent is noted from the late fourteenth century though concurring is said (surprisingly) not to have been in use until the 1630s.  The first concurring opinion was recorded in 1720.  The sense "to coincide, happen at the same time" is from 1590s; that of "to agree in opinion" dates in English from the 1580s

In praise of the Privy Council

Concurrent is probably the most common adjectival form in general use.  Noted since the late 1300s, in the sense of “acting in conjunction, contributing to the same effect or event", it was from the Old French concurrent or directly from Latin concurrentem (nominative concurrens), present participle of concurrere.  The meaning "combined, joint" is from 1530s and in law, concurrent jurisdiction (that possessed equally by two courts and if exercised by one not usually assumed by the other) is recorded from 1767.

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

Concur is one of many synonyms for “agree” and the one most favoured by judges on appellant courts to indicate they agree with (or at least acquiesce to) a judgment written by another.  That’s good because it means there’s less to have to read.  However, some judges prefer to pen their own judgments, helpful perhaps if they wish to explore some aspect of the case not elsewhere mentioned but otherwise a duplication of effort unless their prose serves to render readable what can be turgid stuff.  Then there are the dissenting judgments, of interest to academic lawyers and historians and sometimes a source of hope to those entertaining thoughts of an appeal.  That notwithstanding, those wishing just to know the state of law with certainty might long for a system in which appellate courts of appeal issued only the majority judgment with the dissenters encouraged to submit essays or letters to the editors of legal journals.

Etching of a sitting of a Judicial Committee of the Privy Council (1846).

That only one judgment was issued was the most appealing procedural aspect of the Privy Council, until 1968 and 1986 respectively, the highest court of appeal for Australian state and Commonwealth jurisdictions.  Properly styled The Judicial Committee of the Privy Council (JCPC), the Privy Council remains the ultimate court of appeal for some British Overseas Territories and Commonwealth countries.  Although the Privy Council’s decisions are mostly not binding on the UK’s domestic courts, the rulings are held to be extremely persuasive as other respected tribunals (US Supreme Court, Supreme Court of Canada et al) are regarded.  One quirk of the Australian Constitution is that, the 1986 Australia Acts notwithstanding, the High Court can issue a certificate referring certain cases to the council but none has been granted for a century and the court has long made clear there’ll be no more.  As a bit of a relic of English constitutional history and the established church, in the United Kingdom, the Privy Council retains appellant jurisdiction some domestic matters:

(1) Appeals from the Arches Court of Canterbury and the Chancery Court of York in non-doctrinal faculty causes.

(2) Appeals from the High Court of Chivalry.

(3) Appeals from the Court of Admiralty of the Cinque Ports and Admiralty prize courts.

(4) Appeals from the Disciplinary Committee of the Royal College of Veterinary Surgeons.

(5) Disputes under the House of Commons Disqualification Act, a role essentially similar to that the High Court of Australia (HCA) discharges as the Commonwealth’s Court of Disputed Returns.

Historically, the Privy Council dealt with cases thus referred without any known demand for multiple judgments or dissenting opinions; a fine example of judicial clarity and efficiency and one which judges in other courts never to admire, much less emulate.  Despite its exalted place in the legal hierarchy, the council has been a surprisingly flexible and informal court.  In 1949, it found, on technical grounds, the Commonwealth of Australia’s appeal in the bank nationalization case (Commonwealth of Australia v Bank of NSW [1949] UKPC 37, [1950] AC 235; [1949] UKPCHCA 1, (1949) 79 CLR 497 (26 October 1949)) couldn’t proceed but, because so many people had travelled over ten-thousand miles (17,000 km) to London (no small thing in 1949), it anyway heard the case and issued what would have been the substantive judgment.  If ever it’d been prepared to set the example of providing advisory opinions, the Privy Council would have been the best appellant court ever.  Unfortunately, In recent years, dissenting opinions have started to be issued.

Sitting of the Judicial Committee of the Privy Council, 18 June 1946.

M.R Jayaker, Lord Du Parcq, Lord Goddard (Lord Chief Justice), Lord Simonds, Lord Macmillan, Lord Simon, The Lord Chancellor (Lord Jowitt), Lord Thankerton, Lord Porter, Lord Uthwatt, Sir Madhavan Nair, and Sir John Beaumont.

Tuesday, October 31, 2023

Homage

Homage (pronounced hom-ij, om-ij or oh-mahzh)

(1) Respect or reverence paid or rendered.

(2) In feudal era custom & law, the formal public acknowledgment by which a feudal tenant or vassal declared himself to be the man or vassal of his lord, owing him fealty and service; something done in acknowledgment of vassalage (archaic).

(3) The relation thus established of a vassal to his lord (archaic).

(4) Something done or given in acknowledgment or consideration of the worth of another.

(5) To render homage to (archaic except in artistic or historic use).

(6) An artistic work imitating another in a flattering style.

(7) A (sometimes controversial) way of describing an imitation, clone or replica of something.

(8) A demonstration of respect, such as towards an individual after their retirement or death (often in the form of (an obviously retrospective) exhibition).

1250–1300: From the Middle English hommage, omage & umage (the existence of “homage” is contested), from the Old French homage & hommage, from the Medieval Latin homināticum (homage, the service of a vassal or 'man'), the construct being (h)ome (man), from the from Latin hominem, accusative of homō (a man (and in Medieval Latin “a vassal”)) + -āticum (the noun-forming suffix) (-age).  The suffix -age was from the Middle English -age, from the Old French -age, from the Latin -āticum.  Cognates include the French -age, the Italian -aggio, the Portuguese -agem, the Spanish -aje & Romanian -aj.  It was used to form nouns (1) with the sense of collection or appurtenance, (2) indicating a process, action, or a result, (3) of a state or relationship, (4) indicating a place, (5) indicating a charge, toll, or fee, (6) indicating a rate & (7) of a unit of measure.  The verb homage was derived from the noun in the late sixteenth century (the agent noun homager noted from the turn of the fifteenth).  Homage is a noun & verb, homager is a noun, homageable is an adjective and homaging, & homaged are verbs; the noun plural is homages.  In Scots the spelling was homage and in Irish, ómós and the old synonym manred has been obsolete since the fourteenth century.  The predominately US pronunciation with a silent h happened because of a conflation with the nearly synonymous doublet hommage, pronounced thus.

By convention, the modern use of the form is usually as “pay homage to” but because of the variations in pronunciations (the h silent and not), homage is sometimes preceded by the article “a” and sometimes by “an” and under various influences in popular culture, the French pronunciation has in some circles become fashionable.  The term “lip homage” is much the same as “lip service”: something expressed with “mere words”.  In Middle English, the meanings variously were (1) An oath of loyalty to a liege performed by their vassal; a pledge of allegiance, (2) Money given to a liege by a vassal or the privilege of collecting such money, (3) A demonstration of respect or honor towards an individual (including prayer), (4) The totality of a feudal lord's subjects when collected and (5) Membership in an organized religion or belief system.

In feudal times, a homage was said to be an “act of fealty”.  The Middle English noun fealty dates from the twelfth century and was from feaute, from the Old French feauté, from fealte (loyalty, fidelity; homage sworn by a vassal to his overlord; faithfulness), from the Latin fidelitatem (nominative fidelitas) (faithfulness, fidelity), from fidelis (loyal, faithful), from the primitive Indo-European root bheidh- (to trust, confide, persuade).  In feudal law, to attorn was to “transfer homage or allegiance to another lord”.  The verb attorn (to turn over to another) was from the Middle English attournen, from the Old French atorner (to turn, turn to, assign, attribute, dispose; designate), the construct being a- (to) + tourner (to turn), from the Latin tornare (to turn on a lathe) from tornus (lathe), from the Greek tornos (lathe, tool for drawing circles), from the primitive Indo-European root tere- (to rub, turn).  Attornment was a part English real property law but was not directly comparable with the operation of those laws which in matters of slavery assigned property rights over human beings which technically were no different than those over a horse.  Attornment recognized there was in the feudal system some degree of reciprocity in rights & obligations and it was held to be unreasonable a tenant should become subject to a new lord without their own approval.  At law, what evolved was the doctrine of attornment which held alienation could not be imposed without the consent of the tenant.  Given the nature of feudal relations it was an imperfect protection but a considerable advance and attornment was also extended to all cases of lessees for life or for years.  The arrangement regarding the historic feudal relationships lasted until the early eighteenth century but attornment persists in modern property law as a mechanism which acts to preserve the essential elements of commercial tenancies in the event of the leased property changing hands.  It provides for what would now be called “transparency” in transactions and ensures all relevant information is disclosed, thereby ensuring the integrity of the due diligence process.

The historical concepts of homage and tribute are sometimes confused.  Homage was a formal ritual performed by a vassal to pledge loyalty and submission to a lord or monarch.  There were variations but the classic model was one in which the vassal would kneel before the lord, place his hands between the lord's hands, and swear an oath of loyalty and service.  That was not merely symbolic for it signified the vassal's acknowledgment of the lord's authority and their willingness to serve and protect the lord in exchange for a right to live on (and from) the land.  The relationship was that creature of feudalism; something both personal and contractual.  Tributes were actual payments made by one ruler or state to another as a sign of submission, acknowledgment of superiority, or in exchange for protection or peace.  Tribute could be paid in gold, other mediums of exchange or in the form of  goods or services.  Tribute was something imposed on a subordinate entity by a dominant power, either as a consequence of defeat in war or as a way of avoiding being attacked (ie a kind of protection racket).  The meaning of homage in feudal property law was quite specific but synonyms (depending on context) now include deference, tribute, allegiance, reverence, loyalty, obeisance, duty, adoration, fealty, faithfulness, service, fidelity, worship, adulation, honor, esteem, praise, genuflection, respect, awe, fidelity, loyalty & devotion.  However, those using homage for anything essentially imitative might find out other synonyms include fake (and more generously faux, tribute, reproduction, pastiche, clone or replica).

Sample from Ariana Grande’s (b 1993) Thank U, Next (2018). 

Singer Ariana Grande’s (b 1993) song Thank U, Next (2018) was one of the year’s big successes and the video included well-constructed references to a number of early-century pop culture products including Legally Blonde (2001) and Mean Girls (2004).  Within popular culture, there seems to be a greater tolerance of works which are in some way a homage, the term “sampling” presumably chosen to imply what was being done was (1) taking only a small fragment of someone else’s work and (2) for all purposes within long established doctrine of “fair use”.  Interestingly, instead of regarding sampling as fair use, US courts initially were quite severe and in many early cases treated the matter as one of infringement of copyright, apparently because while a attributed paragraph here and there in a paper of dozens or hundreds of pages could reasonably seen as “fair use”, a recurring snatch of even a few seconds in a song only three minutes long was not.  Of late, US appeal courts seem to have been more accommodating of sampling and have taken the view the legal doctrine of de minimis which has been used when assessing literary or academic works should apply also to sampling but the mechanics of calculating “fair use” need to be considered in the context of the product.  The Latin phrase de minimis (pertaining to minimal things) was from the expressions de minimis non curat praetor (the praetor does not concern himself with trifles) or de minimis non curat lex (the law does not concern itself with trifles) and was an exclusionary principle by which a court could refuse to hear or dismiss matters to trivial to bother the justice system.  One Queen of Sweden preferred the more poetic Latin adage, aquila non capit muscās (the eagle does not catch flies).  As a legal doctrine, it actually predates its fifteenth century formalization in the textbooks and there are records in civil, Islamic and ecclesiastical courts of Judges throwing out cases because the matters involved were of such little matter.  In many jurisdictions, governments now set a certain financial limit for the matters to be considered, below which they are either excluded or referred to a tribunal established for such purposes.

One suspects artists, architects, film directors and such are inclined to call their work a homage (or probably the French hommage (pronounced omm-arge)) as a kind of pre-emptive strike against accusations of plagiarism or a lack of originality.  Car manufacturers are apt to do it too, examples in recent decades including the BMW Mini, Volkswagen Beetle, Dodge Challenger and Chevrolet Camaro, all of which shamelessly followed the lines of the original versions from generations earlier.  The public response to these retro-efforts was usually positive although if clumsily executed (Jaguar S-Type) derision soon follows.  Sometimes, it’s just a piece which is homaged.  On the Mercedes-Benz CL (C215 1998-2006), the homage was to the roofline of the W111 & W112 coupés (1961-1971), especially the memorable sweep of the rear glass although all of that was itself a homage to the 1955 Chryslers.  It was a shame the C215 didn’t pick up more of the W111’s motifs, the retrospective bits easily the best.

1969 Chevrolet Camaro Z/28 (left) and 2023 Chevrolet Camaro.  The original Chevrolet Camaro (1966-1969) was a response to the original Ford Mustang (1964) which had made the pony-car segment a wildly popular and profitable place to be and it in turn not the shape the Mustang would follow but certainly the engineering but the styling attracted Chrysler which adopted the lines just as Chevrolet abandoned them.  Chevrolet however picked them up again in 2010 but their homage to 1966 was perhaps a little too heavy-handed, dramatic though the effect was.  Still, the result doubtlessly was better that what would have been delivered had the designers come up with anything original and that's not a problem restricted cars.  One wishes architects would more often pay homage to mid-century modernism or art deco but the issue seems to be all the awards architects give each other are only for originality, thus the assembly line of the ugly but distinctive.

1970 Dodge Challenger (left) and 2023 Dodge Challenger (right).  The original Challenger (and its corporate companions the Plymouth Barracuda & Cuda) was a homage to the 1966 Camaro and so well executed that Chrysler’s pair are thought by many to be the best looking pony cars of the muscle car era.  In 2008 when the look was reprised, it was thought a most a accomplished effort and better received than would be the new Camaro two season later.  Chevrolet must have been miffed Dodge was so praised for paying homage to what in 1969 had been borrowed from their 1966 range.

1979 Volkswagen Beetle Cabriolet by Karmann (left) and 2015 Volkswagen Beetle Cabriolet (right).  First produced in 1938, Volkswagen clung to the rear-engine / air-cooled formula so long it almost threatened the company’s survival and while the public showed little enthusiasm for a return to the mechanical configuration (the Porsche crew are a separate species which, if they had their way, would still not have to bother with cooling fluid), the shape of the Beetle did appeal and over two generations between 1997-2019, the company sold what was initially called the “New Beetle”.  Despite the pre-war lines imposing significant packaging inefficiencies, it was popular enough to endure for over a decade.

1966 Austin Mini-Cooper 1275 S (left) and 2001 BMW Mini (right).  Students of the history of design insist the BMW Mini was not so much a homage to the British Motor Corporation’s (BMC) original Mini (1959) but actually to some of the conceptual sketches which emerged from the design office between 1957-1958 but were judged too radical for production.  That was true but there are enough hints and clues in the production models for nobody to miss the point.

1965 Jaguar 3.8 S-Type (left) and 1999 Jaguar S-Type.  Released in 1963, the Jaguar S-Type was an updated Mark 2 with the advantage of more luggage space and markedly improved ride and handling made possible by the grafting on of the independent rear-suspension from the E-Type (XKE) and Mark X (later 420G).  The improvements were appreciated but the market never warmed to the discontinuity between the revised frontal styling and the elongated rear end, the latter working better when a Mark X look was adopted in front and released as the 420.  Still, although never matching the appeal of the classic Mark 2 with its competition heritage, it has a period charm and has a following in the Jaguar collector market.  According to contemporary accounts, the homage launched in 1999 was a good car but it seemed a curious decision to use as a model a vehicle which has always been criticized for its appearance although compared with the ungainly retro, the original S-Type (1963-1968) started to look quite good, the new one the answer to a question something like "What would a Jaguar look like if built by Hyundai?".  As an assignment in design school that would have been a good question and the students could have pinned their answers to the wall as a warning to themselves but it wasn't one the factory should ever have posed.  Quietly, the new S-Type was dropped in 2007 after several seasons of indifferent sales.

1956 Chrysler 300B (left), 1970 Mercedes-Benz 280 SE Coupé (centre) and 2005 Mercedes-Benz SL65 (right).

The 1955-1956 Chryslers live in the shadow cast by the big fins which sprouted on the 1957 cars but they possess a restraint and elegance of line which was lost as a collective madness overtook the industry.  Mercedes-Benz in 1961 paid due homage when the 220 SE Coupé (W111; 1961-1971) was released and returned to the roofline with the C215 (1998-2006).  The big coupé was the closest the factory came to styling success in recent years (although the frontal treatment was unfortunate) but one must be sympathetic to the designers because so much is now dictated by aerodynamics.  Still, until they too went mad, the BMW design office seemed  to handle big coupés better.  

In the collector market, there are many low-volume models which have become highly prized.  Some were produced only in low numbers because of a lack of demand, some because the manufacturer needed to make only so many for homologation purposes and some because production was deliberately limited.  Such machines can sell for high prices, sometimes millions so, especially where such vehicles are based on more mundane models produced in greater numbers, many are tempted to “make their own”, a task which car range from the remarkably simple to the actually impossible.  Those creating such things often produce something admirable (and technically often superior to the original) and despite what some say, there’s really no objection to the pursuit provided there is disclosure because otherwise it’s a form of fraud.  When such machines are created, those doing the creating seldom say fake or faux and variously prefer tribute, clone, recreation, homage or replica and those words in this context come with their own nuanced meanings, replica for example not meaning exactly what it does in geometry or database administration.

A 1962 Ferrari 250 GTO in silver (US$70 million) and a fine replica by Tempero of a 1963 model in rosso corsa (US$1.2 million).

As an extreme example of the homage was inspired by the Ferrari 250 GTO, of which it’s usually accepted 36 were built although there were actually 41 (2 x (1961) prototypes; 32 x (1962–63) Series I 250 GTO; 3 x (1962–1963) “330 GTO”; 1 x (1963) 250 GTO with LM Berlinetta-style body & 3 x (1964) Series II 250 GTO).  The 36 in the hands of collectors command extraordinary prices, chassis 4153GT in June 2018 realizing US$70 million in a private sale whereas an immaculately crafted replica of a 1962 version by Tempero (New Zealand), said to be better built than any original GTO (although that is damning with faint praise, those who restore pre-modern Ferraris wryly noting that while the drive-trains were built with exquisite care, the assembly of the coachwork could be shoddy indeed) was listed for sale at US$1.3 million.  Even less exalted machinery (though actually more rare still) like the 1971 Plymouth Hemi Cuda convertible also illustrate the difference for there are now considerably more clones / replicas / recreations etc than ever there were originals and the price difference is typically a factor of ten or more.  On 13 November 2023, the market will be tested when a Ferrari 250 GTO (chassis 3765LM) will be auctioned in New York, RM Sotheby’s, suggesting a price exceeding $US60 million.  A number which greatly exceeds or fails by much to make that mark will be treated a comment on the state of the world economy.

Wednesday, December 13, 2023

Paramount

Paramount (pronounced par-uh-mount)

(1) Chief in importance or impact; supreme; pre-eminent; of the highest importance.

(2) Above others in rank or authority; superior in power or jurisdiction.

(3) A supreme ruler; overlord (now rare thought often in historic texts).

(4) In law (in a hierarchy of rights), having precedence over or superior to another.

1525-1526: From the Anglo-Norman paramount & paramount (pre-eminent; above), the construct being the Old French par & per (by) + amont & amunt (upward).  Par was from the Latin per (by means of, through), from the primitive Indo-European per- (to go through; to carry forth, fare).  Amont & amunt were from the Latin ad montem (to the mountain; upward), the construct being ad (up to), ultimately from the primitive Indo-European héd (at; to) + montem (the accusative singular of mōns (mount, mountain), ultimately from the primitive Indo-European men- (to stand out, tower).  Synonyms include predominant, preeminent, outstanding, capital, cardinal, chief, commanding, controlling, crowning, dominant, eminent, first, foremost, leading, main, overbearing, predominate, premier, preponderant utmost & prevalent while the most common antonyms are insignificant, secondary & unimportant (in historic land law, the antonym paravail was from the Old French par aval (below), the construct being par + aval (down), the construct being the Latin a(d) + val (a valley), from the Latin vallis; of feudal tenants, it referred to those at the bottom of the hierarchy of rights).  Paramount is a noun & adjective, paramountcy paramountship & paramountness are nouns, paramountly is an adverb; the noun plural is paramounts.

Land law and freehold title

Paramount Pictures promotional poster for Mean Girls (2004).

Paramount was originally a term in feudal land-title law.  It described the lord paramount, the one who held absolute title to his fiefdom, not as a grant dependent upon (or revocable by) a superior lord.  A paramount lord was thus superior to a mesne lord (a landlord who has tenants holding under him, while himself the subject of the holding of a superior lord (a kind of sub-letting), mesne being the general legal principle of something intermediate or intervening) whose title to a fief existed ultimately at the pleasure of a superior. The concept endures in modern land law where titles are listed in documents and, even today, there exist jurisdictions where land, said to enjoy an indefeasible title, can still be subject to “paramount interests” which, although unregistered, can prevail over those formally registered.  In land law, a lord paramount could be male or female but in a charming quirk, in the sport of archery, the noun "lady paramount" (the plural being ladies paramount) is the title awarded to the woman who achieves the highest score.

In Australia, the lord paramount is not the crown but the person of the sovereign.  In a legal sense, the king or queen (of Australia) “owns” all the land that constitutes the nation of Australia and those who “own” their own little piece by virtue of holding a valid freehold title (fee simple), in the narrow technical sense, actually hold only a revocable grant from the crown (via some instrument of the state) exercising rights delegated by the sovereign (the king or queen).  Although of no practical significance, it’s not a legal fiction and the position of Queen Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) as lord paramount in the system of land tenure in Australia was affirmed by the High Court of Australia in Mabo v Queensland (No 2) (1992).

Saturday, May 28, 2022

Admiralty

Admiralty (pronounced ad-mer-uhl-tee)

(1) In military use, the office or jurisdiction of an admiral.

(2) In military use, the officials or the department of state having charge of naval affairs (not all of whom needed to be admirals); it was analogous with an army's general staff and an air force's air staff.

(3) In the UK, the building in which the lords of the admiralty, in England, transact business.

(4) In law, the branch dealing with maritime law; a court dealing with maritime questions (In England, when jurisdiction was under the division of Divorce, Probate & Admiralty, the lawyers' slang was “wives, wills & wrecks”); the system of jurisprudence of admiralty courts.

(5) In (historic) architecture, a frequent descriptor (Admiralty House, Admiralty Arch etc).

1300–1350: A compound word Admiral + -ty, from the Middle English amiralty, from the French amirauté, from the older form amiralté (office of admiral), from the Late Latin admīrālitās.  The best known sense, “naval branch of the English executive" dates from the early-fifteenth century, root of the word being admiral.  Admiral emerged circa 1200 as amiral & admirail (Saracen commander or chieftain) from the Old French amiral & amirail (Saracen military commander; any military commander) ultimately from medieval Arabic amīr (military commander) probably via the Medieval Latin use of the word for "Muslim military leader".  The suffix –ty is from the Middle English -te, borrowed from the Old French -te, from the Latin -tātem, accusative masculine singular of –tās; an alternative form of –ity, it was used to form abstract nouns from adjectives.  The first English admiral to appear in the records appears to have been Admiral of the Fleet of the Cinque Ports, Gerard Allard of Winchelsea, a royal appointment in 1300.  The Arabic amīr was later Englished as emir.  In another example of Medieval error, because in Arabic use, amīr is constantly followed by -al- in all such titles, amīr-al- was assumed by Christian writers to be a substantive word and variously Latinized.  The process thus was a shortening of the Arabic أَمِير اَلبَحْر‎ (ʾamīr al-bar) (commander of the fleet; literally “sea commander”) and the additional -d- is probably from the influence of the otherwise unconnected Latin admirable (admīrābilis).  For those stalkers who take selfies at locations used in movies (Instagram made this niche), the The Ritz-Carlton, Marina del Rey (listed as the only waterside hotel in Los Angeles with a Five Diamond rating from the AAA) is at 4375 Admiralty Way in Marina del Rey.  It has appeared in a number of productions (film & television), notably Lindsay Lohan's remake of The Parent Trap (1998).  Admiralty & admiral are nouns; the noun plural is plural admiralties.  When used as a proper noun (thus the initial upper case), in Royal Navy use, Admiralty referred (1) the historical naval bases established in the Far East: (1) HMS Tamar (Hong Kong) and (2) HMS Sembawang (Singapore).

Admiralty Arch, London.

An island rather than a continental power and later an empire, for England, the navy assumed an importance in foreign policy standing armies never did and the Royal Navy’s high command, the Admiralty, was for centuries entangled in both military and political matters.  The Admiralty no longer exists, absorbed in 1964, like the high commands of the other services, into the newly created Ministry of Defence.  Over the centuries, the structure of the Admiralty evolved as technology changed, threats and alliances came and went, budgets waxed and waned, political vicissitudes always hovering.  As a bureaucracy, the Admiralty has been staffed by a bewildering array of offices and titles including board members, presidents, sea lords, secretaries, civil lords, controllers, comptrollers, accountants-general, directors-general, storekeepers-general, surveyors, deputy chiefs, vice chiefs & assistant chiefs but in its final incarnation, under a First Lord of the Admiralty (a minister for the navy who sat in parliament and was thus political head of the navy) there were five admirals, known as the sea lords (of which there were eight lords during World War II; things were busy then).  The sea lords each enjoyed a sphere of responsibility for naval operations:

The First Sea Lord (later First Sea Lord and Chief of the Naval Staff), directed naval strategy in wartime and was responsible for planning, operations and intelligence, for the distribution of the Fleet and for its fighting efficiency.  He was the military head of the Navy.

The Second Sea Lord (later Second Sea Lord and Chief of Naval Personnel), was responsible for manning & mobilisation and all personnel questions relating to the Royal Navy and Royal Marines.

The Third Sea Lord (later the Controller of the Navy) was responsible primarily for ship design and construction and most material matters including the Fleet Air Arm.

The Fourth Sea Lord (later Chief of Naval Supplies) was responsible for logistics, victualling and medical departments.

The Fifth Sea Lord (later the Chief of Naval Air Services) was responsible for all naval aviation.