Malarkey

Malarkey (pronounced muh-lahr-kee)

(1) Speech or writing designed to obscure, mislead, or impress; bunkum; a lie.

(2) Stuff (according to Joe Biden).

1920s: An Americanism of uncertain origin which, despite the urban myth, seems not linked directly to any Irish regionalism or slang although it is a surname of Irish origin.  There may be some relationship with the Greek μαλακός (malakós) (soft; compliant, meek; gentle, mellow, mild, mild-mannered) or μαλακία (malakía) (literally “masturbation”) which figuratively was used to mean “idiocy, stupidity; bullshit, nonsense” in much the same way “wanker” is used in English.  The word gained its early currency from its use by Irish-American cartoonist Thomas Aloysius “Tad” Dorgan (1877–1929), his first use of the word appearing in March 1922.  The synonyms include balderdash, drivel, humbug, foolishness, hogwash, nonsense, & ribbish.  Malarkey is a noun and the (more rare still) noun plural is malarkeys.  Over the years, the spellings malarkey, malachy, malarky, mallarky & mullarkey have all appeared and, as an informal noun, probably none can be said to be right or wrong but malarkey is certainly the most common.

The Irish surname Malarkey was from the Gaelic ó Maoilearca, a patronymic meaning “a descendant of Maoilearca, a follower of St. Earc” and the first known records are in the parish records of Tír Chonaill (Tirconnell; in present day County Donegal, Ulster) where they held a family seat as a branch of the O'Connell's.  The spelling variations (something not then uncommon) were legion and included, inter-alia, Mullarkey, Mullarky, Mallarky, Malarchy, Malarkey, Mularkey and many more.  By the time the name had spread to North America, the spelling had settled on Malarkey and it’s speculated it may have entered the lexicon of slang in the 1920s as an ethnic slur, based on the stereotype of the Irish as slow-witted and given to nonsensical statements.  Another word in US slang during the same era was ackamarackus which, although not documented until the 1930s, it may have been in oral use earlier.  Unlike malarkey, ackamarackus appears to be wholly an arbitrary formation (albeit one with a hint of pseudo-Latin) with not ethnic link and instead simply an attempt to convey the sense of the nonsensical.  Some possible authors have been suggested but the evidence is scant.

Carl Giles noting comrade Khrushchev’s arrival in Washington DC, Daily Express, September 1959.

In September 1959, comrade Nikita Khrushchev (1894–1971; Soviet leader 1953-1964) paid a state visit to the US while the Americans, who had been so shocked by the launch of Sputnik (October 1957), were in the early stages of what came to be called the “space race”, something which really began with the Pentagon moving to match the so-called “missile gap” (which was later proved to be illusory).  The Beaverbrook press’s cartoonist Cark Giles (1916-1995) was well acquainted with British stereotypes of Americans and his use of “malarkey” presumably references the idea of US police forces being dominated by the Irish.

When Joe Biden chose "No Malarkey!" as a campaign slogan for the 2020 presidential campaign, it wasn’t without risk because it was then, as it remains, a fuddy-duddy word and one associated (by the few who knew of it) with old men (the “pale, male & stale” said now to be marketing poison).  Although US presidential politics has of late been dominated by geriatrics (Biden now 80, Donald Trump 76 and crooked Hillary Clinton 75 (though she looks older)), candidates more youthful have tended to be preferred and when Ronald Reagan (b 1911; US president 1981-1989), then a spritely 69, ran in 1980, his advisors didn’t much care about comments suggesting he was “too ignorant” but devoted much effort to managing perceptions he was “too old”.

Campaign bus of Joe Biden (b 1942; US president since 2021), Iowa, 2020.

However, #NoMalarkey probably was a good choice because it was authentically a reflection of the way Biden talks and was at least coherent, unlike much of what he says and it wasn’t as if anyone would have been fooled (as crooked Hillary has attempted) into thinking he was younger.  So, it had the virtue of authenticity which in the age of Donald Trump, crooked Hillary, fake news and twitterbots, must have had some appeal to a cynical electorate and it was distinctive, probably not having much appeared in many campaigns in living memory.  It’s certainly been a part of Biden’s language for years; in the 2012 vice presidential debate with then house speaker Paul Ryan (b 1970; speaker of the US House of Representatives 2015-2019), Biden dismissed one attack as “a bunch of malarkey”.  That was fine but a little later he called another of Ryan statements “a bunch of stuff” which prompted the debate’s moderator to ask what that meant.  Helpfully, Ryan (a good Irish name) interjected to say “It’s Irish” and while in other circumstances Biden (then a youthful 70), would probably just have rejoined “it’s bullshit” , he instead returned to his theme and said “we Irish call it malarkey.”

In political use, it’s actually a handy way of calling someone a liar without using the word and probably better than something like “mendacious” which is too clever (the voters apparently don’t like politicians using words with an obscure meaning) or the crooked Hillaryesque “misspeak” which is a weasel-word.  He clearly found it helpful because the Washington Post’s 2015 analysis of Sunlight Foundation data found that in the twentieth & twenty-first centuries, Biden had said “malarkey” more than anyone on the floor of either house of Congress.  His championing of malarkey seemed also to give the word a nudge back into the mainstream beyond the beltway because, in 2013, the HuffPost reported Lindsay Lohan (another good Irish name) as saying part of a story about her run in the New York Times Magazine was “malarkey”.

Noon

Noon (pronounced noon)

(1) Midday; twelve o'clock in the daytime or the time or point at which the sun crosses the local meridian (the time of day when the sun is in its zenith).

(2) Figuratively (usually in literary or poetic use), the highest, brightest, or finest point or part; culmination; capstone; apex.

(3) The corresponding time in the middle of the night; midnight (archaic but historic use means old documents with the word must be read with care, entries appearing as both “noon” & “noon of the night”).

(4) Three o’clock in the afternoon (archaic).

(5) To relax or sleep around midday (as “to noon” “nooning” or “nooned”) (archaic).

(6) The letter ن in Arabic script.

(7) Midday meal (archaic).

Pre 900: From the Middle English noen, none & non, from the Old English nōn (the ninth hour), from a Germanic borrowing of the Classical Latin nōna (ninth hour) (short for nōna hōra), the feminine. singular of nonus (ninth), contracted from novenos, from novem (nine).  It was cognate with the Dutch noen, the (obsolete) German non and the Norwegian non.  Synonyms (some archaic) include apex, capstone, meridian, midday, noontide, noonday, noontime, nones (the ninth hour of daylight), midpoint (of the day), & twelve.  Descendants include the Modern English none and the Scots nane (none), Noon the proper noun enduring as a surname.  Noun is a noun and noons, nooning & nooned are verbs; the noun plural is noons.

Although derived from the Latin word for the number nine, the English word noon refers to midday, the time when the sun reaches the meridian.  The Romans however counted the hours of the day from sunrise which, for consistency, was declared for this purpose to be 06:00; the ninth hour (nona hora) was thus 15:00.  The early Christians adopted Jewish customs of praying at certain hours and when Christian monastic orders formed, the ecclesiastical reckoning of the daily timetable was structured around the hours for prayer.  In the earliest schedules, the monks prayed at three-hour intervals: 6-9 pm, 9 pm-midnight, midnight-3 am and 3-6 am.  The prayers are known as the Divine Office and the times at which they are to be recited are the canonical hours:

Vigils: night
Matins: dawn
Lauds: dawn
Prime: 6 am (first hour)
Terce: 9 am (third hour)
Sext: noon (sixth hour)
None: 3 pm (ninth hour)
Vespers: sunset
Compline: before bed

The shift in the common meaning of noon from 3 pm to 12 noon began in the twelfth century when the prayers said at the ninth hour were set back to the sixth, the reasoning practical rather theological, the unreliability of medieval time-keeping devices and the seasonal elasticity of the hours of daylight in northern regions meaning it was easier to standardise on an earlier hour.  Additionally, in monasteries and on holy days, fasting ended at nones, which perhaps offered another administrative incentive to nudge it up the clock.  An alternative explanation offered by social historians is that it was simply the abbots deciding to align their noon meal with those taken in the towns and villages, the Old English word non having assumed the meaning “midday” or “midday meal” by circa 1140.  Whatever the reason, the meaning shift from "ninth hour" to "sixth hour" seems to have been complete by the fourteenth century, the same path of evolution as the Dutch noen).  Noon is an example of what etymologists call a fossil word, one which that embeds customs of former ages.

The use as a synonym for midnight existed between the seventeenth & nineteenth centuries, apparently because the poetic phrase “noon of the night” entered popular use.  The noun forenoon (the morning (ie (be)fore + noon)) applied especially the latter part of it, those hours “when business is done”, the word emerging circa 1500.  The noun noonday (middle of the day) was first used by Myles Coverdale (1488–1569), the English cleric and ecclesiastical reformer remembered for his printed translation of the Bible into English (1535) and it was used as an adjective from 1650s.  In the Old English there had been non tid (noon-tide, midday, noon) and non-tima (noon, noon-time, midday).  The noun afternoon (part of the day from noon to evening) dates from circa 1300 and it was subject to an interesting shift in grammatical form.  In the fifteenth & sixteenth centuries it was used as “at afternoon” but from circa 1600 this shifted to “in the afternoon”; it emerged as an adjective from the 1570s.  In the Middle English there had been the mid-fourteenth century aftermete (afternoon, part of the day following the noon meal).

Lindsay Lohan at nuncheon, Scott's Restaurant, Mayfair, London, 2015.

The noun nuncheon was from the mid-fourteenth century nōn-schench (slight refreshment of food (with or without liquor) taken at midday, the name shifting with the meal, nuncheon taken originally in the afternoon (ie notionally the three o’clock meal), the construct being none (noon) + shench (draught, cup), from the Old English scenc, related to scencan (to pour out, to give to drink) and cognate with the Old Frisian skenka (to give to drink) and the German & Dutch schenken (to give).  The most obvious descendent of nuncheon is luncheon (and thus lunch).

Lāhainā Noon is the solar phenomenon (known only in the tropics) when the Sun culminates at the zenith at solar noon, passing directly overhead, thus meaning objects underneath cast no shadow, creating a effect something like the primitive graphics in some video games.  The name Lāhainā Noon (Lāhainā Noons the plural) was the winner in a contest organised by Hawai'i's Bishop Museum in 1990, the museum noting the word lāhainā (originally lā hainā) may be translated into English as “cruel sun” but makes reference also to the severe droughts experienced in that part of the island of Maui.  The old Hawai'ian name for the event was the much more pleasing kau ka lā i ka lolo (the sun rests on the brains).

Planter

Planter (pronounced plahn-tah (U) or plan-ter (non-U))

(1) A person who plants (usually seedlings, shrubs etc).

(2) An implement or machine for planting seeds, seedlings etc in the soil.

(3) The owner or manager of a plantation.

(4) In historical use, during the era of European colonialism, a colonist or new settler.

(5) In historical use, any of the early English or Scottish settlers, given the lands of the dispossessed Irish populace during the reign of Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603).

(6) A decorative container, in a variety of sizes and shapes, used usually for growing flowers or ornamental plants.

(7) In the slang of law enforcement and the criminal class, an individual (from either group) who “plants” incriminating evidence for various purposes.

1350–1400: From the late fourteenth century Middle English plaunter (one who sows seeds), an agent noun from the verb plant, the construct being plant + -er.  Plant was from the Middle English plante, from the Old English plante (young tree or shrub, herb newly planted), from the Latin planta (sprout, shoot, cutting) while the broader sense of “any vegetable life, vegetation generally” was from the Old French plante.  The verb was from the Middle English planten, from the Old English plantian (to plant), from the Latin plantāre, later influenced by Old French planter.  Similar European forms meaning “to plant” included the Dutch planten, the German pflanzen, the Swedish plantera and the Icelandic planta.  The use of “plant” to describe heavy machinery and equipment emerged in the mid-nineteenth century, based on the ideas of something being “planted” in place and immovable (like a planted tree).  As technology evolved, use extended to non-static equipment such as heavy earth moving vehicles but the exact definition now differs between jurisdictions, based variously on purchase price, function etc although the aspect of most practical significance is often the threshold to qualify for certain taxation advantages such as accelerated depreciation.  The –er suffix was from the Middle English –er & -ere, from the Old English -ere, from the Proto-Germanic -ārijaz, thought most likely to have been borrowed from the Latin –ārius where, as a suffix, it was used to form adjectives from nouns or numerals.  In English, the –er suffix, when added to a verb, created an agent noun: the person or thing that doing the action indicated by the root verb.   The use in English was reinforced by the synonymous but unrelated Old French –or & -eor (the Anglo-Norman variant -our), from the Latin -ātor & -tor, from the primitive Indo-European -tōr.  When appended to a noun, it created the noun denoting an occupation or describing the person whose occupation is the noun.  Planter is a noun; the noun plural is planters.

Planters (with plants) at the main entryway to Lindsay Lohan's house, Venice, Los Angeles, California, 2013.

The figurative sense of “one who introduces, establishes, or sets up” dates from the 1630s, picked up a decade later to refer to “one who owns a plantation, the proprietor of a cultivated estate in West Indies or southern colonies of North America” although in the latter case it was literally the “planting of seeds” for cropping rather than the idea of planting the “seeds of civilization”, a notion which for centuries appealed to the defenders of European colonialism and echoes of this attitude are heard still today.  The mechanical sense of a “tool or machine for planting seeds” is by 1850 dates from the 1850s.  The “planter’s punch” was a cocktail mixed with Jamaican rum, lime juice and sugar cane juice; first mentioned in the late nineteenth century it fulfilled a similar role to the gin & tonic (G&T) under the Raj.  The now familiar use to describe a “pot for growing plants” is a surprisingly late creation, apparently named only in 1959 although such devices obviously had been in use for centuries, such as the “window box” attached to the sills outside windows in which folk grew either something decorative (flowers) or useful (herbs or miniature vegetables).  The form “window box planter” is now used in commerce; something which seems a needless addition.  A church planter (also as churchplanter) describes a missionary, preacher or organization which travels to establish a church in a place where no congregations of the relevant denomination exist.  The tactic is most associated with Evangelical Christianity.  In Cebuano (an Austronesian language spoken in the southern Philippines), as a back-formation from planteran, planter is used as a noun to mean “a frame-up; a false incrimination of an innocent person”.  The Cebuano verb planteran was also from the English plant and was used to mean “to arrange fraudulent evidence to falsely implicate someone in the commission of a crime”.  An often un-mentioned aspect in the career of Neville Chamberlain (1869–1940; UK prime-minister 1937-1940) was his early career as a planter.  Dispatched by his father Joseph Chamberlain (1836–1914) to establish a sisal plantation on Andros Island in the Bahamas, the younger Neville proved a tough imperial pioneer, toiling for some six years in the Caribbean but the climate was uncooperative and the soil proved no more receptive to Neville's attempts at appeasement than would Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) two generations later.  The sisal project ended in failure with the family fortune suffering a loss equivalent (in 2024 values) to some US$8-9 million.

Bollards, raw and disguised.

Dealing with terrorism is of necessity a reactive business and in Western cities, bollards appeared sometimes within hours of news of the use of motor vehicles somewhere as an instrument of murder, either as a delivery system for explosives or brute-force device to run down pedestrians.  Because of the haste with which the things were deemed needed, it wasn’t uncommon for bollards initially to be nothing but re-purposed concrete blocks (left), often not even painted, the stark functionality of purpose limited to preventing vehicular access which permitting those on foot to pass with minimal disruption.  They’ve since become a fixture in the built environment, often is stylized shapes (centre & right) and urban designers have been inventive, many objects which function as bollards not recognizably bollardesque, being integrated into structures such as city furniture or bus shelters.

Bollards disguised as planters.

Urban planners have however responded and the large-scale planter box, which had for some time been a familiar sight in cityscapes, has proved adaptable, able to be shaped and placed in a way which obviates the need for conventionally shaped bollards.  Where the space is available, even small green spaces can be installed and, with integrated drip-feed irrigation systems, maintenance is low, an additional benefit being the lowering of temperature in the immediate environment, the foliage reducing radiated heat.  One popular feature of the big planter boxes in many cities is that they include built-in benches on which people can sit, something seen in squares, malls and plazas.  Not all support this however.  Retailers think people should be in such places only to shop and giving them somewhere to sit makes them for the time they spend unproductively inert not able to go to shops and spend money.  There’s also the view such things attract an anti-social element who loiter with nefarious intent and there is still a view by some in authority (based apparently on some English case-law from the 1960s) that in public spaces, while people have the right to walk up and down, there’s no right to stay in the one place, sitting or standing.  So, planters with seating presumably are provided on a case-by-case basis: in nice respectable suburbs which are well-policed, planters have comfortable seats in the shade while in low income areas where the police appear only to respond to murders, serious assaults, armed robbery etc, the built environment is designed in such as way that to sit anywhere is either uncomfortable or impossible.

Planters with an integrated bench on which people can sit are a feature of the street architecture in Canberra, Australia.  Pictured here are several on Lonsdale Street, Braddon.

However, even when planters offer a comfortable spot on which to rest, dangers lurk, especially if one is at the time tired and emotional or at least a bit squiffy.  Shortly before midnight on 8 February 2024, the honourable Barnaby Joyce MP (b 1967; thrice (between local difficulties) deputy prime minister of Australia 2016-2022) was observed sprawled on the sidewalk mumbling obscenities into his phone, having fallen from the planter where he’d paused to gather his thoughts.  The planter sits on Lonsdale Street in the Canberra suburb of Braddon, a short distance from a bar popular with politicians.  The Daily Mail published footage of the remarkable scene, the highlight in some ways being the conversation the former deputy prime-minister was having with his wife, the lucky soul who captured the scene reporting the uttering of “dead fucking cunt” (the phrase a not infrequently ejaculated part of idiomatic Australian English).

Vikki Campion (b 1985) and Barnaby Joyce (b 1967) on their wedding day, 11 November 2023.  In a nice touch, the couple's two children were able to witness the ceremony.

In answer to enquiries from the Daily Mail (past masters at identifying those “tired and emotional”), Mr Joyce’s wife confirmed she was the interlocutor and her husband was referring not to her as a “dead fucking cunt” but was “…calling himself one.”  “He likes to self flagellate” she added.  She further observed it was disappointing that rather than offering assistance to someone sprawled on the ground in the dead of night, someone would instead film the scene but the witness confirmed Mr Joyce seemed “relaxed & happy”, in no obvious distress and conducting his phone call calmly, using the wide vocabulary which has helped make him a politician of such renown.  Responding later to an enquiry from the Daily Mail, Mr Joyce admitted the incident was “very embarrassing” and that had he known “…someone was there with a camera, I would have got up quicker.”  Explaining the event, he told the newspaper: “I was walking back to my accommodation after parliament rose at 10 pm.  While on the phone I sat on the edge of a planter box, fell over, kept talking on the phone, and very animatedly was referring to myself for having fallen over.  I got up and walked home.”  Commendably, Mr Joyce seems to have made no attempt to blame the planter box for what happened but a Murdoch outlet did report that "...privately he was telling friends he was taking medication you cannot drink alcohol with and that was the cause of the incident".  Left unexplored by Sky News was whether that implied (1) knowing that, he hadn't taken any alcohol that day and the episode was induced by a reaction to the medicine or (2) he had taken a quantity of alcohol and the episode was induced by the combination of strong drink and the pharmaceuticals.  He later clarified things, confirming the latter, after which he announced he was "giving up alcohol for Lent".

The honourable Barnaby Joyce MP, Lonsdale Street, Canberra ACT, February 2024.

The morning after the night before, the planter box's 15 minutes of fame was marked in an appropriately ephemeral way, a chalk outline added where the recumbent Mr Joyce continued his phone call.

Mr Joyce should be given the benefit of the doubt.  Perhaps recalling Lyndon Johnson’s (LBJ, 1908–1973; US president 1963-1969) observation of Gerald Ford (1913–2006; US president 1974-1977) as someone “so dumb he can’t fart and walk at the same time” (sanitized by the press for publication as “chew gum and walk at the same time”), Mr Joyce may have thought it wise to sit on the planter while making his call.  Unfortunately, when one is tired and emotional, the challenge of using one’s phone, even if one sits a planter, can be too much and one topples to the ground, a salutatory lesson for all phone users.  

Dr Rudd sitting in a pew during the ecumenical church service marking the start of the parliamentary year, Canberra, February, 2008.

Among serious & cynical observers of politics (the adjectival tautology acknowledged), the consensus seems to be this latest incident in Mr Joyce's eventful life will prove beneficial and he'll likely increase his majority at the next election, the rationale for that being politicians tend to benefit from being seen as “authentic” and few things seem more authentically Australian than going to a bar, spending a few hours giving it a nudge, then falling off a planter box on the way home.  People can identify with that in a way something like the essay discussing "faith in politics" and the example set by anti-Nazi preacher Dietrich Bonhoeffer (1906–1945) which Dr Kevin Rudd (b 1957; Australian prime-minister 2007-2010 & 2013) published in The Monthly (October 2006), just doesn't "cut through".  The essay was politely received as “earnest”, “thoughtful” and “worthy”, few apparently prepared to risk retribution by pointing out it was also derivative, taking 5000-odd words to say what had many times over the years already been said (which, in fairness, can be said of many works).  Still, it was shorter than might have been expected so there was that.  The sanctimony in the text would have surprised nobody but it was only after he was defenestrated by his colleagues that some, musing on the the policies his government implemented, decided to point out the hypocrisy of him asserting Christianity “must always take the side of the marginalised, the vulnerable and the oppressed” and that politicians should uphold “the values of decency, fairness and compassion that are still etched deep into our national soul”.  Mr Joyce's many and varied sins are (mostly) well documented and “ordinary Australians” (as politicians like to call us) seem still willing to extend to him the Christian virtue of forgiveness.  Of Dr Rudd, they probably prefer to try to forget.

Flute

Flute (pronounced floot)

(1) A woodwind instrument consisting of a tube with a row of finger-holes (or keys) which produce sound through vibrations caused by air blown across the edge of the holes, often tuned by plugging one or more holes with a finger; the Western concert flute, a transverse side-blown flute of European origin (in colloquial use, a recorder, also a woodwind instrument).

(2) An organ stop with wide flue pipes, having a flutelike tone.

(3) In architecture or engineering (particularly the manufacture of firearms), a semi-cylindrical vertical channel, groove or furrow, as on the shaft of a column, in a pillar, in plaited cloth, or in a rifle barrel to cut down the weight.

(4) Any groove or furrow, as in a ruffle of cloth or on a piecrust.

(5) One of the helical grooves of a twist drill.

(6) A slender, footed wineglass with a tall, conical bowl.

(7) A similar stemmed glass, used especially for champagne and often styled as "champagne flute".

(8) In steel fabrication, to kink or break in bending.

(9) In various fields of design, to form longitudinal flutes or furrows.

(10) A long bread roll of French origin; a baguette.

(11) A shuttle in weaving, tapestry etc.

(12) To play on a flute; to make or utter a flutelike sound. 

(13) To form flutes or channels in (as in a column, a ruffle etc); to cut a semi-cylindrical vertical groove in (as in a pillar etc).

1350-1400; From the Middle English floute, floute & flote, from the Middle French flaüte, flahute & fleüte, from the twelfth century Old French flaute (musical), from the Old Provençal flaüt (thought an alteration of flaujol or flauja) of uncertain origin but may be either (1) a blend of the Provencal flaut or  flaujol (flageolet) + laut (lute) or (2) from the Classical Latin flātus (blowing), from flāre (to blow) although there is support among etymologists for the notion of it being a doublet of flauta & fluyt.  In other languages, the variations include the Irish fliúit and the Welsh ffliwt.  The form in Vulgar Latin has been cited as flabeolum but evidence is scant and all forms are thought imitative of the Classical Latin flāre and other Germanic words (eg flöte) are borrowings from French.

Portrait of Archduchess Maria Antonia of Austria (later Queen Marie Antoinette of France (1774-1792)), circa 1768, oil on canvas by Martin van Meytens  (1695–1770).

Fluted & fluting both date from the 1610 while the verb (in the sense of "to play upon a flute" emerged in the late fourteenth century and the use to describe grooves in engineering dates from 1570s and the tall, slender wine glass, almost a century later although the term "champagne flute" didn't enter popular use until the 1950s.  The champagne flute is preferred by many to the coupé (or saucer) even though it lacks the (since unfortunately debunked) legend that the shape of the latter was modelled on Marie Antoinette’s (1754-1793) left breast.  Elegant though it is, the advantages of the flute are entirely functional, the design providing for less spillage than a coupé, something which comes to be more valued as lunch progresses and the slender, tapered shape is claimed better to preserved the integrity of the bubbles, the smaller surface area and thus reduced oxygen-to-wine ratio maintaining the aroma and taste.

Grand Cru's guide to the shape of champagne glasses.

Among musical instruments, there are a dozen or more distinct types of flute.  Early French flutes differed greatly from modern instruments in having a separate mouthpiece and were called flûte-a-bec (literally "flute with a beak").  The ancient devices were played directly, blown straight through a mouthpiece but held away from the player's mouth, the modern transverse (or "German") flute not appearing until the eighteenth century and the familiar modern design and key system of the concert flute were perfected 1834 by Bavarian court musician & virtuoso flautist Theobald Boehm (1794–1881), the fingering system known to this day as "Boehm system").  The architectural sense of "furrow in a pillar" dates from the mid-seventeenth century and was derived from the vague resemblance to the inside of a flute split down the middle.  One imaginative linguistic adoption was the use (apparently only in US) of "playing the skin flute" in the 1940s to describe gay men (the metaphor of flute based on male anatomy) on the basis of those who play the skin flute.  Use shifted to fruit, either by virtue of use at the time being almost exclusively oral rather than written (linguistically, that’s classified as an example of an imperfect echoic) or because "fruit" was then in use as a gay slur.  Flute is a noun, fluting is a noun, verb & adjective and fluted is a verb & adjective; the noun plural is flutes.

Fluted grill on 1972 Series 1, 4.2 Litre Daimler Sovereign.

In British use, one who plays the flute is a flautist (pronounced flaw-tist (U) or flou-tist (non-U)), from the Italian flautista, the construct being flauto (flute) +‎ -ista.  The -ist suffix was from the Middle English -ist & -iste, from the Old French -iste and the Latin -ista, from the Ancient Greek -ιστής (-istḗs), from -ίζω (-ízō) (the -ize & -ise verbal suffix) and -τής (-tḗs) (the agent-noun suffix).  It was added to nouns to denote various senses of association such as (1) a person who studies or practices a particular discipline, (2), one who uses a device of some kind, (3) one who engages in a particular type of activity, (4) one who suffers from a specific condition or syndrome, (5) one who subscribes to a particular theological doctrine or religious denomination, (6) one who has a certain ideology or set of beliefs, (7) one who owns or manages something and (8), a person who holds very particular views (often applied to those thought most offensive).  The alternative forms are the unimaginative (though descriptive) flute-player and the clumsy pair fluter although the odd historian or music critic will use aulete, from the Ancient Greek αὐλητής (aulētḗs), from αὐλέω (auléō) (I play the flute), from αὐλός (aulós) (flute).  The spelling flutist is preferred in the US and it's actually an old form, dating from circa 1600 and probably from the French flûtiste and it replaced the early thirteenth century Middle English flouter (from the Old French flauteor).

Daimler, the fluted grill and US trademark law

1972 Daimler Double-Six Vanden Plas.

Vanden Plas completed only 342 of the Series 1 (1972-1973) Daimler Double Sixes, the later Series 2 (1973-1979) & 3 (1979-1992) being more numerous.  The flutes atop the grill date from the early twentieth-century and were originally a functional addition to the radiator to assist heat-dissipation but later became a mere styling embellishment.  Although some sources claim there were 351 of the Series 1 Double-Six Vanden Plas, the factory insists the total was 342.  British Leyland and its successor companies would continue to use the Vanden Plas name for some of the more highly-specified Daimlers but applied it also to Jaguars because in some markets the trademark to the Daimler name came to be held by Daimler-Benz AG (since 2022 Mercedes-Benz Group AG), a legacy from the earliest days of motor-car manufacturing and despite the English middle class always pronouncing the name van-dem-plarr, it's correctly pronounced van-dem-plass.

1976 Daimler Double-Six Vanden Plas two door.

The rarest Double-Six Vanden Plas was a genuine one-off, a two door built reputedly using one of the early prototypes, a regular production version contemplated but cancelled after the first was built.  Jaguar would once have called such things fixed head coupés (FHC) but labelled the XJ derivatives as "two door saloons" and always referred to them thus, presumably as a point of differentiation with the XJ-S produced at the same time.  Despite the corporate linguistic nudge, everybody seems always to have called them coupés.  Why the project was cancelled isn't known but it was a time of industrial and financial turmoil for the company and distractions, however minor, may have been thought unwelcome.  Although fully-finished, apart from the VDP-specific trim, it includes also some detail mechanical differences from the regular production two-door Double-Six although both use the distinctive fluted finish on both the grill and trunk (boot) lid trim.  The car still exists.  The two-door XJs (1975-1978) rank with the earliest versions (1961-1967) of the E-Type (XKE; 1961-1974) as the finest styling Jaguar ever achieved and were it not for the unfortunate vinyl roof (a necessity imposed by the inability of the paint of the era to cope with the slight flexing of the roof), it would visually be as close to perfect as any machine ever made.

Using one of his trademark outdoor settings, Norman Parkinson (1913-1990) photographed model Suzanne Kinnear (b 1935) adorning a Daimler SP250, wearing a Kashmoor coat and Otto Lucas beret with jewels by Cartier.  The image was published on the cover of Vogue's UK edition in November 1959.

Although Daimlers had, in small numbers, been imported into US for decades, after Jaguar purchased the company in 1960, there was renewed interest and the first model used to test the market was the small, fibreglass-bodied roadster, probably the most improbable Daimler ever and one destined to fail, doomed by (1) the quirky styling and (2) the lack of product development.  It was a shame because what made it truly unique was the hemi-headed 2.5 litre (155 cubic inch) V8 which was one of the best engines of the era and remembered still for the intoxicating exhaust note.  The SP250 was first shown to the public at the 1959 New York Motor Show and there the problems began.  Aware the small sports car was quite a departure from the luxurious but rather staid line-up Daimler had for years offered, the company had chosen the pleasingly alliterative “Dart” as its name, hoping it would convey the sense of something agile and fast.  Unfortunately, Chrysler’s lawyers were faster still, objecting that they had already registered Dart as the name for a full-sized Dodge so Daimler needed a new name and quickly; the big Dodge would never be confused with the little Daimler but the lawyers insisted.  Imagination apparently exhausted, Daimler’s management reverted to the engineering project name and thus the car became the SP250 which was innocuous enough even for Chrysler's attorneys and it could have been worse.  Dodge had submitted their Dart proposal to Chrysler for approval and while the car found favor, the name did not and the marketing department was told to conduct research and come up with something the public would like.  From this the marketing types gleaned that “Dodge Zipp” would be popular and to be fair, dart and zip(p) do imply much the same thing but ultimately the original was preferred and Darts remained in Dodge’s lineup until 1976, for most of that time one of the corporation's best-selling and most profitable lines.  The name was revived between 2012-2016 for an unsuccessful and unlamented compact sedan.

US market 2001 Jaguar Vanden Plas (X308).  These were the only Jaguars factory-fitted with the fluted trim.

Decades later, US trademark law would again intrude on Jaguar’s Daimler business in the US.  The company had stopped selling Daimlers in the US with the coming of January 1968 when the first trickle (soon to be a flood) of safety & emission regulations came into force, the explanation being the need to devote and increasing amount of by then scarce capital to compliance, meaning the marketing budget could no longer sustain small-volume brands & models.  In Stuttgart, the Daimler-Benz lawyers took note and decided to reclaim the name, eventually managing to secure registration of the trademark and Daimlers have not since been available in the US.  However, there was still clearly demand for an up-market Jaguar and so the Sovereign name (used on Daimlers between 1966-1983) was applied to Jaguar XJ sedans which although mechanically unchanged were equipped with more elaborate appointments.  Sales were good so the US market also received some even more luxurious Vanden Plas models and during the XJ’s X308 model run (1997-2003), the VDP cars were fitted with the fluted grill and trunk-lid trim as an additional means of product differentiation.  It would be the last appearance of the flutes in North America.

Pim Fortuyn in Daimler V8, February 2002 (left), paramedics attending to him at the scene of his assassination a few paces from the Daimler, 6 May 2002 (he died at the scene) (centre) and the car when on sale, Amsterdam, June 2018 (right). 

Jaguar became aware the allure of the flutes was real when it emerged a small but profitable industry had emerged in the wake of the company also ceasing to use the Daimler name in European markets; by the 1990s, it was only in the UK, Australia & New Zealand that they were available.  However, enterprising types armed with nothing more than a list of Jaguar part-numbers had created kits containing the fluted trim parts and the Daimler-specific badges, these shipped to dealers or private buyers on the continent so Jaguar XJs could become “Daimlers”.  The company took note and re-introduced the range to Europe, Germany a particularly receptive market.  One notable owner of a real long wheelbase (LWB) Daimler V8 (X308) was the Dutch academic and politician Pim Fortuyn (1948-2002), assassinated during the 2002 national election campaign, by a left-wing environmentalist and animal rights activist.

Lindsay Lohan with stainless steel Rolex Datejust (Roman numeral dial) with fluted white gold bezel.

Billigung

Billigung (pronounced bill-a-ghin)

(1) To approve.

(2) To acquiesce.

(3) Tacitly to accept; not to oppose.

(4) "Looking the other way" from something one would not wish to admit knowledge of; a means of creating a defense of plausible deniability; a self-denial of knowledge.

1300s: A Modern German form from the Old High German billīh (appropriate), from the Proto-Germanic biliz (merciful, kind, decent, fair), the variant being Billigung (approval; acceptance), the construct being billig(en) +‎ -ung (from the Middle High German -ung & -unge, from the Old High German -unga, from the Proto-Germanic -ungō; it was used to forms nouns from verbs, usually describing either an event in which an action is carried out, or the result of that action).  The third-person singular & simple present tense is billigt, the past tense is billigte, the past participle is gebilligt and the auxiliary haben.  In German, bein a noun there's always an initial capital but when used in English as a general descriptor (sepecially in a legal context), it usually all in lower-case.  Billigung is a noun and in German, there's no plural form although in English-language texts it might appear as "billigungs" for the sake of clarity. 

When wishing not to know, look the other way

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Reich Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.

Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.

Looking the other way.

In what he described as a “...leadership failure...", former Australian cricket captain Steve Smith (b 1989) has admitted he "didn't want to know about it" when he became aware “something” was being planned after seeing team mates in a dressing room discussion.  Their talks he witnessed were about ball-tampering, a form of cheating which came to be known as sandpapergate.  Billigung is one of those useful German creations (zeitgeist, schadenfreude et al) which in one word conveys what might in English take a dozen or more.  Operating somewhere on the spectrum of plausible deniability, Billigung is where someone hears of or perhaps “senses” something of which they’d prefer there be no admissible evidence of their knowledge; they “look the other way”.

Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

For some, Billigung might have come to mind when pondering the recording of a telephone call between then New South Wales (Australia) Premier Gladys Berejiklian and Daryl Maguire, another member of the same parliament with whom she was in an intimate relationship, a man forced to resign as an MP as a result of an (ongoing)  investigation by the NSW Independent Commission against Corruption (ICAC) for allegedly using his political influence in business activities.  Of interest was the premier’s use of the phrase "I don't need to know about that bit" when the former member began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of her then lover.  The words used by the then premier: "I don't need to know about that bit" may be compared with how Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.     

At the time the recording was made public, the former premier denied any wrongdoing beyond having appalling taste in men.  Apart from the men in her life (and not a few women would ruefully admit to having "had a Daryl"), she probably was unlucky.  Billigung has long been a part of that essential tactic of political survival: "plausible deniability".  Actually, as practiced these days, because standards of accountability seem to have declined a bit, denials needs no longer be plausible, just not actually disproven by a publicly available audio tape or film clip.  Others, beyond NSW, might be taking interest, especially those south of the border intimately involved in party machines who, apparently for decades, didn't notice certain things going on around them.     

On 1 October 2021, the NSW ICAC announced certain investigations into the former premier's conduct in office.  Specifically, ICAC is focusing on the period between 2012-2018 and her her involvement in the circumstances in which public money was given to a shooting club and a conservatorium of music and whether that conduct was “...liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire”.  The ICAC will explore whether the conduct constituted a “breach of public trust” by placing the former premier in a position where a conflict of interest existed between her public duties and private interests “...as a person who was in a personal relationship” with Mr Maguire.  The commission will also investigate whether she failed to report what could be defined as reasonable suspicions that “...concerned or may concern corrupt conduct in relation to the conduct of Mr Maguire”.  As a point of law, the ICAC is concerned with actual substantive conduct and conflicts of interest.  It is not the test of "apprehended bias" applied to the judiciary where judgements can be set aside if a court finds there could have been a "reasonable perception" of bias or conflict of interest in some way involving a judge.  To the ICAC, any degree of perception, reasonable or not, is not relevant, their findings must be based on actual conduct.

On 1 October 2021, Berejiklian announced her resignation from both the premiership and the legislative assembly.  There are critics of the NSW ICAC who oppose the public hearings and feel its rules permit an exercise of powers rather too much like the Court of Star Chamber which they say it too closely resembles.  However, the former premier can reflect that unlike the IMT at Nuremberg, neither the Star Chamber nor the ICAC were vested with capital jurisdiction so there’s that.

Dieselgate and implausible deniability

Former Audi CEO Rupert Stadler (b 1963, right) with his lawyers Ulrike Thole-Groll (left) & Thilo Pfordte (centre) during his trial, Munich District Court, May 2023.

The billigung defense is still heard in German courts and if not always exculpatory, lawyers still appreciate its effectiveness in mitigation.  Rupert Stadler began his career with Audi AG (a subsidiary of the Volkswagen Group) in 1990 and between 2010-2018 was Audi’s Chief Executive Officer (CEO).  The scandal which came to be known as “dieselgate” involved companies in the Volkswagen group (and others) installing “cheat” software in diesel-powered vehicles so excessive exhaust emissions wouldn’t be detected during official testing and, after years of obfuscation, Volkswagen in 2015 admitted that was what exactly they’d done.  Civil and criminal proceedings in a number of jurisdictions ensued and thus far the fines alone have cost the group well over €34 million.  There have also been jail sentences imposed, something which presumably would have been in Herr Stadler’s thoughts when, in March 2018, Munich prosecutors named him as a suspect in their investigations.  A week later, he was arrested and held in an Augsburg prison, apparently as a precautionary move because it was claimed he was tampering with evidence by making a telephone call in which he suggested putting a witness “on leave”.  After a month, he was released on bail, subject to certain conditions.

In September 2020, Herr Stadler’s trial on charges of fraud began and for years (proceedings now take rather longer than in 1945-1946) he denied all wrongdoing until, in May 2023, he accepted a plea deal offered by Judge Stefan Weickert which would require him to admit guilt.  To date, he’s the highest-ranking executive to confess, tempted apparently by (1) the preponderance of evidence before the court which made it clear he was guilty as sin and (2) the deal limiting his punishment to a €1.1 million fine and a suspended sentence which would not see him jailed, an attractive alternative to the long term of imprisonment he otherwise faced upon conviction.  As confessions go however, it was among the more nuanced.  His lawyer read a statement saying the defendant (1) did not know that vehicles had been manipulated and buyers had been harmed, but (2) he acknowledged it was a possibility and accepted that, adding that in his case (3) there was a need for more care.  A classic piece of billigung, was the line (4) “I didn't know, but I recognized it as possible and accepted that the properties of diesel engines might not meet legal approval requirements” while the statement (5) “I have to admit the allegations overall” had an echo of Speer’s admission of “a general responsibility” while denying personal guilt.  Still, it must have conformed with the terms of the plea bargain because it was accepted by the judge.  His lawyer read the statement, apparently because he couldn’t bring himself personally to utter it but when asked by the judge if the words were his own, Herr Stadler replied (5) “Ja”.

Lindsay Lohan with Audi A5 cabriolet, Los Angeles, May 2011.  Ms Lohan apparently avoided being affected by the dieselgate scandal, all the photographs of her driving Audis have featured gasoline (petrol) powered cars.

Outside the court, his lawyer was a little more expansive, admitting her client had allowed vehicles equipped with manipulating software to remain on sale even after learning of the scam.  “In the course of addressing the diesel issue" after the revelations became public, Stadler “neglected” to inform business partners that cars with so-called defeat devices were still going on the market, meaning he was “accepting that vehicles equipped with the illegal software would go on sale” she said.  Although it may have been stating the obvious, she added Herr Stadler regretted he’d been unable to “resolve the crisis”.  The carefully composed text may however have averted another crisis, lawyers noting the cryptic nature of some of his comments might be explained by a desire not to create grounds for additional claims by consumers for financial compensation.

How that might unfold remains to be seen but on 27 June 2023 the Munich court handed down a 21 month sentence, suspended for three years, a fine of €1.1 million (US$1.2 million) also imposed; that will go to the federal government and charities, the court ruled without providing details.  Herr Stadler was the first member of the Volkswagen board member to be sentenced for his part in the scandal, the judgment coming some four years after prosecutors first laid fraud charges.  Guilty verdicts were also delivered against two former Audi executives: head of engine development Wolfgang Hatz (b 1959) and lead diesel engineer Giovanni Pamio (b 1963) who were handed suspended jail sentences of 24 months and 21 months, respectively.  Hatz was fined €400,000 (US$437,000) and Pamio €50,000 (US$55,000).  All three were guilty as sin so the verdicts were unsurprising.

Dr Angela Merkel (b 1954; chancellor of Germany 2005-2021) & Dr Martin Winterkorn (b 1947; CEO of Volkswagen AG 2007-2015).

The long-running scandal (the fines and settlements thus far ordered having cost the group some €33 billion (US$36 billion)) still has some way to run because the case against former CEO Martin Winterkorn has yet to be heard although he’s already agreed to pay VW €11.2 million (US$12.3 million) after an internal investigation found he failed properly to respond to signs the company may have been using unlawful technology which enabled its diesel engines to evade emissions testing and it's not yet clear if Dr Winterkorn will try the billigung defense.  Herr Stadler was required to pay VW €4.1 million ($US4.5 million) under terms agreed following the same investigation.  The company clearly wished to move on and in separately issued statements, Volkswagen and Audi said they were not party to Tuesday’s proceedings, which should be “viewed independently” of proceedings against the companies which had (in Germany) been finalized in 2018.  Audi seemed anxious to confirm it was now a righteous corporation, saying “Audi has made good use of the crisis as an opportunity to start over.  We have updated our systems, processes and checks to ensure compliance company-wide.”  It concluded by noting it had since “cultivated and strengthened a culture of constructive debate.”  In exchange for agreeing to pay the fines, prosecutors dropped criminal charges against Volkswagen and Audi.