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

Tuesday, May 2, 2023

Null

Null (pronounced nuhl)

(1) Without value, effect, consequence, or significance; being or amounting to nothing; nil; lacking; nonexistent; something with a value or measure of zero; of or relating to zero.

(2) In electronics, a point of minimum signal reception, as on a radio direction finder or other electronic meter.

(3) In law, as null and void, without legal force or effect; not valid.

(4) In computing, Null (or NULL), a special marker and keyword in SQL (Structured Query Language) indicating that something has no value.

(5) In computing, the null character, the zero-valued ASCII character (also designated by NUL), often used as a terminator, separator or filler; this symbol has no visual representation; as null pointer (sometimes written NULL, nil, or None), used in computer programming for an uninitialized, undefined, empty, or meaningless value; as Null string, the unique string of length zero (in computer science and formal language theory).

(6) In computing, the null device, a special computer file (/dev/null on Unix systems) that discards all data written to it.

(7) In communications, as null modem, a specially wired serial communications cable.

(8) In mathematics, a zero value in several branches of the discipline including null set, a set that is negligible in some sense; of or relating to a set having no members or to zero magnitude; also an older term for the empty set.

(9) In physics, a point in a field where the field quantity is zero; as null vectors or curves in the causal structure of a Lorentzian manifold such as a Minkowski space-time.

(10) In statistics, as null hypothesis, a concept in hypothesis testing; companion concept is the null result, the absence of a hypothesized effect in the outcome of a scientific experiment

(11) In linguistics, as null (or zero) morpheme, a concept describing a morpheme (the smallest meaningful unit in a language (a morpheme is not identical to a word) that has no phonetic form.

(12) In genetics, as null allele, a nonfunctional allele (a variant of a gene) caused by a genetic mutation.

(13) In political history as Stunde Null (a German military planning term meaning "Hour Zero"), a term referring to midnight on 8 May 1945 in Germany marking the end of World War II in Europe and the birth a new Germany (an attempt to dissociate post-war Germany from the Nazis).  The period immediately following this time is the Nachkriegszeit (the time after the war).

(14) One of the beads in nulled work (an ornamental craft producing work resembling beads strung on a rod).

1555–1565: From the Middle French nul, from the Latin nūllus from the Proto-Italic ne-oino-los from Proto-Italic oinos (one).  Synchronically nūllus was from ne (not) + ūllus (any) and thus meaning literally "not any".  The earlier form nulla (circa 1500), from the Italian nulla, from the Latin nūlla, feminine of nūllus (no one) was ultimately from the primitive Indo-European ne, óynos & -lós.  Null is a noun, adjective & verb, nulled is a verb & adjective, nulling is a noun & verb, nullity, nullification & nullificationist are nous and nullify, nullified & nullifying are verbs; the common nouns plural are nulls and nullings.

Null Island.

Null Island is an imaginary island located at 0°N 0°E (thus “Null”, zero being one of null’s synonyms) in the South Atlantic Ocean, the point at which equator crosses the prime meridian.  It’s not clear when Null Island was first “discovered” but it delighted many when in 2011 it appeared on Natural Earth, a public domain map dataset created by volunteer cartographers and GIS (geographic information system) analysts.  A modest 1m2 "land mass" (actually a buoy) located at 0°N 0°E in the digital dataset, Null Island was intended to help analysts flag errors in geocoding.  Somewhat analogous with the DNS (Domain Name System) which maintains a relationship between IP (Internet Protocol) addresses (which with computer networks communicate) and the familiar website names (which real people use), geocoding is a process which converts a physical address (such as a street address) into geographic coordinates, the most familiar of which are latitude and longitude.  It permits address to appear on digital maps and enables location-based services and applications to be integrated and distributed, mapping, navigation & advertising services depending on the system.  Of late, a particularly helpful application of the service has been the tracking of the spread of diseases. 

IBM & Null

In 1981, IBM explained why, in file systems, null had to exist in every directory (now often called folders).  If null didn’t exist, IBM maintained, operating systems wouldn’t necessarily be able to determine which were empty.  Advances in operating systems over forty-odd years, mean that’s no longer a problem but with the technology available in 1981, some of it dating back decades, the issue was real.  IBM also published what turned out to be a prescient vision of what became the widely distributed file systems of the internet, spread across continents, running on disparate hardware and operating systems yet able still functionally and administratively to interact.  Modern programming languages still take advantage of the existence (or non-existence) of null.  Below is a Python script to both check if a directory is empty and also check for exceptional situations such as a directory not existing.

import os
def main():
    dirName = '/home/varun/temp';
    '''
        Check if a Directory is empty and also check exceptional situations.
    '''   
    if os.path.exists(dirName) and os.path.isdir(dirName):
        if not os.listdir(dirName):
            print("Directory is empty")
        else:   
            print("Directory is not empty")
    else:
        print("Given Directory don't exists")
    '''
        Check if a Directory is empty : Method 1
    '''   
    if len(os.listdir('/home/varun/temp') ) == 0:
        print("Directory is empty")
    else:   
        print("Directory is not empty")
    '''
        Check if a Directory is empty : Method 2
    '''   
    if not os.listdir('/home/varun/temp') :
        print("Directory is empty")
    else:   
        print("Directory is not empty")
    print ("****************")
if __name__ == '__main__':
    main()
Output:
Directory is empty
Directory is empty
Directory is empty



In the commercial art business, if no frame is chosen, the order is tagged "Null Frame".

In computer programming, the "null frame" is a data packet containing no useful information and existing usually for the purposes of (1) maintaining an open comms channel or (2) as a marker for an end of transmission.  Null Frames are often used in conjunction with “heartbeat” (or “keepalive”) markers which provide a visual symbol indicating a connection remains active.  However, because null frames can be of variable size, they’re of use also as markers of the addressable space available in memory or buffers.  While there are other ways of doing this, null frames provide information about resource availability while themselves consuming almost no resources.  In the commercial art business, the expression “null frame” is used to indicate the customer has specified the product be supplied unframed.

Monday, March 13, 2023

Erase

Erase (pronounced ih-reys)

(1) To rub or scrape out, as letters or characters written, engraved etc; efface.

(2) Completely to eliminate.

(3) To remove material recorded on magnetic tape or magnetic disk; synonymous for most purposes in this context with delete although technically, in computing, an erasure is the substitution of data with characters representing a null value whereas a deletion is the removal of an pointer entry in an index.

1595–1605: From the Middle English arasen & aracen (to eradicate, remove), from the Latin ērāsus, past participle of ērādere (scrape out, scrape off, shave, abolish, remove, to abrade), the construct being ex (out of) + radere (to scratch, scrape).  The use in the context of data on magnetic storage media (tapes, disks) dates from 1945, the technical distinction between erase and delete defined in computer science theory as early as 1947 though, to this day, the distinction escapes most users.  The adjective erasable dates from 1829.  Eraser (thing that erases writing) is attested from 1790, an invention of American English, agent noun from erase.  Originally, the product was a knife with which to scraping off ink, the first rubber devices for removing pencil marks not available until from 1858.

Erasure, Comrade Stalin and Lindsay Lohan

Evil dictators (like those running beach clubs or Greek islands) have their problems too and they like them to go away.  Where problems exist, they like them to be erased or is some other way to disappear.  Sometimes, the technical term is “unpersoned”.

The Erased

Not best pleased at images of the pleasingly pneumatic Karolina Palazi appearing on the official Lohan Beach Club Mykonos Beach Club Instagram account, Lindsay Lohan quickly responded with a post demanding her staff Erase this random person at my beach.  In the digital age, it can be difficult entirely to erase anything which appears on the internet and probably impossible for anything distributed on the big-data social media platforms.  That said, there is unpredictability to the fate of anything ever on-line.  There is (1) material which genuinely vanishes forever, (2) stuff which proves impossible to eradicate despite best efforts, and (3) things which were thought lost, only to re-appear.  Noted for some time, the issue will be of increasing interest in the future, the internet being a distributed system with no centralised repository indicating what is held where, by whom and whether it is accessible (by someone) on or off-line or in storage.

The Disappeared

General Augusto Pinochet (1915–2006; military dictator of Chile 1973-1990).

This is the relatively new name for the centuries-old practice of secretly kidnapping or arresting people, then imprisoning or killing them, all without due process of law.  It’s most associated with the late twentieth-century military dictatorships in Chile, Argentina and Brazil but is used to describe the practice in many South and Central American republics and of late, others, sometimes at scale.  Although the practice probably pre-dates even modern humans, the word, in this context appears first to have been used by Joseph Heller (1923–1999) in the satirical Catch-22 (1961) when describing how the US military dealt with malcontents.  However it’s done, the person disappears without trace.

The Unpersoned

Unpersoning wasn’t invented in the Soviet Union but it was under comrade Stalin (1878-1953; Soviet leader 1924-1953) it was undertaken at scale, although, like later attempts on the internet, the process wasn’t always perfect because it was performed on extant physical material, some of which inevitably escaped attention.  The process interested critics in the West; in George Orwell's (1903–1950), dystopian novel Nineteen Eighty-Four (1949), protagonist Winston Smith works at the Ministry of Truth where his job is to alter historical records to conform to the state's ever-changing version of history.  Done in the USSR mostly between 1928-1953, unpersoning was the physical modification of existing text and imagery, modified to erase from history those who had fallen from favor and it’s thought the most extensively unpersoned figure in the USSR was comrade Leon Trotsky (1879-1940).  Comrade Stalin had him murdered in Mexico, the assassin's choice of weapon an ice axe.

Erased from history: Before & after being unpersoned, Comrades Molotov (1890-1986) & Stalin with Comrade Nikolai Yezhov (1895-1940), head of the NKVD (one of the predecessors of the KGB); Comrade Stalin had him shot.

In the Soviet Union, the process was essentially as Orwell described and even in the age of digital editing it's probably often still done in a similar manner.  A photograph would be passed to the party's technicians with the comrade(s) to be unpersoned marked in some obvious way, the preferred technique apparently a black crayon.

Succeeding where others failed: Erasing crooked Hillary Clinton

The White House situation room, 2 May 2011 (official WH photo; left) and as depicted in Di Tzeitung (right).

Unpersoning can also be sex-specific (gender-based the currently preferred term).  In May 2011, the Orthodox Jewish news paper Di Tzeitung (a Brooklyn-based weekly) was forced to apologize after unpersoning the women in the photograph released by the White House showing President Barack Obama (b 1961; US president 2009-2017) and his staff monitoring the raid by US Navy Seals in which Osama bin Laden (1957-2011) was killed while in his Pakistani compound.  Unpersoned were then counterterrorism director, Audrey Tomason (b circa 1977) and then secretary of state, crooked Hillary Clinton (b 1947; US secretary of state 2009-2013).  Di Tzeitung's subsequent apologia was somewhat nuanced.  The publication reiterated it did not publish images of women and thus sent its “regrets and apologies” to the White House and the State Department, not because it had unpersoned women but because their photo editor had not read the “fine print” in the text issued by the White House (which accompanied the photograph) which forbid any changes.  Di Tzeitung further explained it has a “long standing editorial policy” of not publishing images of women because its readers “believe that women should be appreciated for who they are and what they do, not for what they look like and the Jewish laws of modesty are an expression of respect for women, not the opposite”.  They added that Di Tzeitung regarded crooked Hillary Clinton (a former US senator (Democrat) for New York who secured overwhelming majorities in the Orthodox Jewish communities) highly and “appreciated her unique capabilities, talents and compassion for all”.  It concluded by acknowledging it “should not have published the altered picture”.  Commentators noted the practice is not unusual in some ultra-Orthodox Jewish publications which regard depictions of the female form as “immodest”.  Neither the White House nor the State Department responded to the apology although there were cynics who wondered if the president wished it were that easy to get rid of crooked Hillary.

The Watergate tapes and the erase18½ minutes

Looking over his shoulder: Richard Nixon and HR Halderman in the White House.

Tapes, audio and video, have played a part in many political downfalls but none is more famous than the “smoking gun” tape which compelled the resignation of Richard Nixon (1913-1994; US president 1969-1974) after it revealed he was involved in the attempt to cover-up the involvement in the Watergate break-in of some connected to his administration.  Recording conversations in the White House had been going on for years and Nixon initially had the equipment removed, the apparatus re-installed two years later after it was found there was no other way to ensure an accurate record of discussions was maintained.  Few outside a handful of the president’s inner circle knew of the tapes and they became public knowledge only in mid-1973 when, under oath before a congressional hearing, a White House official confirmed their existence.  That was the point at which Nixon should have destroyed the tapes and for the rest of his life he must sometimes have reflected that but for that mistake, his presidency might have survived because, although by then the Watergate scandal had been a destabilizing distraction, there was at that point no “smoking gun”, nothing which linked Nixon himself to any wrongdoing.  As it was, he didn’t and within days subpoenas were served on the White House demanding the tapes and that made them evidence; the moment for destruction had passed.  Nixon resisted the subpoenas, claiming executive privilege and thus ensued the tussle between the White House and Watergate affair prosecutors which would see the “Saturday Night Massacre” during which two attorneys-general were fired, the matter ultimately brought before the US Supreme Court which ruled against the president.  Finally, the subpoenaed tapes were surrendered on 5 August 1973, the “smoking gun” tape revealing Nixon and his chief of staff (HR Haldeman, 1926–1993; White House chief of staff 1969-1973) discussing a cover-up plan and at that point, political support in the congress began to evaporate and the president was advised that impeachment was certain and even Republican senators would vote to convict.  On 8 August, Nixon announced his resignation, leaving office the next day.

Uher 5000 reel-to-reel tape recorder used by a White House secretary to create the tape (20 June 1972) with the 18½ minute gap.  (Government Exhibit #60: Records of District Courts of the United States, Record Group 21. National Archives Identifier: 595593).

To this day, mystery surrounds one tape in particular, a recording of a discussion between Nixon and Halderman on 20 June 1972, three days after the Watergate break-in.  Of obviously great interest, when reviewed, there was found to be a gap of 18½ minutes, the explanations offered of how, why or by whom the erasure was effected ranging from the humorously accidental to the darkly conspiratorial but half a century on, it remains a mystery.  Taking advantage of new data-recovery technology, the US government did in subsequent decades make several attempts to “un-delete” the gap but without success and it may be, given the nature of magnetic tape, that there is literally nothing left to find.  However, the tape is stored in a secure, climate-controlled facility in case technical means emerge and while it’s unlikely the contents would reveal anything not already known or assumed, it would be of great interest to historians.  What would be even more interesting is the identity of who it was that erased the famous 18½ minutes but that will likely never be known; after fifty years, it’s thought that were there to be any death-bed confessions, they should by now have been heard.  Some have their lists of names of those who might have "pressed the erase button" and while mostly sub-sets of Watergate's "usual suspects", one who tends not to appear is Nixon himself, the usual consensus being he was technically too inept to operate a tape machine though it's not impossible he ordered someone to do the deed.  However it happened, the suspects most often mentioned as having had their "finger on the button" (which may have been a foot-pedal) are Nixon's secretary and his chief of staff.

Friday, March 1, 2024

Simony

Simony (pronounced sahy-muh-nee or sim-uh-nee)

(1) The making of profit out of sacred things.

(2) In Christianity, the practice, now usually regarded as a sin, of buying or selling spiritual or ecclesiastical benefits such as pardons, relics, benefices or preferments.

The buying or selling of spiritual or sacred things, such as ecclesiastical offices, pardons, or consecrated objects.

1175–1225: From the Middle English & the twelfth century Old French simonie (selling of church offices; the sin of buying or selling sacred things), from the Late Latin simōnia (from Simon Magus (Σίμων ὁ μάγος in Greek, Simon Magvs in Latin), the Samaritan sorcerer (magician) who was rebuked by Peter when he tried to buy the power of conferring the Holy Spirit (Acts 8:9-24)).  The nouns simoniak & simoner (the alternative spelling was simonier) (one who practices simony) appear in documents around the turn of the fifteenth century but there’s no evidence the adverb simoniacally was in use before the mid-1700s.  Simony, simonist, simoner & simonism are nouns, simoniac is a noun & adjective, simonient is an adjective and simoniacally is an adverb; the noun plural is simonies.

Acts 8:9-24: Origin of the Church’s ban on outsourcing.

18: And when Simon saw that through laying on of the apostles' hands the Holy Ghost was given, he offered them money.

19: Saying, give me also this power, that on whomsoever I lay hands, he may receive the Holy Ghost.

20: But Peter said unto him, thy money perish with thee, because thou hast thought that the gift of God may be purchased with money.

Simon Magus, known also as Simon the Sorcerer, was one of many magicians and, with competition fierce in a crowded market, he sought to increase his stock of magic tricks, gaining thereby a comparative advantage.  What he really wanted was to be thought of as one who, by laying on of hands, could make people feel filled with the Holy Spirit (the presence of the Lord), then a desired thing.

Saint Peter to Simon the Sorcerer: "Just don't do it; just say no."

When Simon Magus saw Peter and John deliver the presence by the laying of their on baptized believers, he offered money if they would confer on him the same power.  The pious pair were aghast at the idea one could buy the gift of God and urged Simon to repent so God might forgive him.  Hearing these words made Simon fearful and he pleaded with them to pray that nothing bad would befall him.  Whether Simon was truly repentant is never made clear although he did not immediately die so God did not at once smite him in his wrath.  Others were not so fortunate but Simon was the first heretic named in the New Testament and ever since, the Church has insisted on its monopoly in matters spiritual.  However, later popes, bishops and other clergy, while noting the the ruling of Peter & John as conferring on them exclusivity of supply in such matters, their interpretation didn't extend to banning profit from the business, something which would come to have profound consequences for Church and state. 

Compared with the unfortunate Ananias and Sapphira, Simon got off lightly.  In the Book of Acts (4:32), it’s recorded the early Christian disciples did not think of their possessions as their own but as the property of the collective to be used in the name of the Lord (not now a popular piece of scripture among the more materialist Christians).  Were money received by one, it belonged to all the apostles and were one to be found cheating, there were consequences and of course there had to be because, theologically, not only was the miscreant cheating others in the clergy, they were stealing from God Himself.  In Acts (5:1-11), it’s recounted that Ananias and his wife Sapphira sold their land but, when handing the proceeds to Peter, Anania kept some of the money for himself (the modern term in the study of governance & corruption in the distribution of foreign aid would be "siphoning").

5 But a certain man named Ananias, with Sapphira his wife, sold a possession,

2 And kept back part of the price, his wife also being privy to it, and brought a certain part, and laid it at the apostles' feet.

3 But Peter said, Ananias, why hath Satan filled thine heart to lie to the Holy Ghost, and to keep back part of the price of the land?

4 Whiles it remained, was it not thine own? and after it was sold, was it not in thine own power? why hast thou conceived this thing in thine heart? thou hast not lied unto men, but unto God.

5 And Ananias hearing these words fell down, and gave up the ghost: and great fear came on all them that heard these things.

6 And the young men arose, wound him up, and carried him out, and buried him.

7 And it was about the space of three hours after, when his wife, not knowing what was done, came in.

8 And Peter answered unto her, Tell me whether ye sold the land for so much? And she said, Yea, for so much.

9 Then Peter said unto her, How is it that ye have agreed together to tempt the Spirit of the Lord? behold, the feet of them which have buried thy husband are at the door, and shall carry thee out.

10 Then fell she down straightway at his feet, and yielded up the ghost: and the young men came in, and found her dead, and, carrying her forth, buried her by her husband.

11 And great fear came upon all the church, and upon as many as heard these things.

A salutary warning then, rather untypical of the New Testament, something more in the spirit of the vengeful God of the Old and it remains one of the passages in scripture most of modern Christianity prefers to ignore.  The endorsement of the death penalty often attracts little criticism but the notion of sharing with others one’s capital gains from the real-estate market would likely have little appeal to the many in evangelical congregations, although, given the corporate structure, the richer of the clergy might see some attraction.

The story has long been a struggle for theologians.  Although a injunction against lying is not one of the ten commandments (although it seems implied in (8) You shall not steal & (9) You shall not bear false witness), it wasn't explicitly prohibited although Ananias and Sapphira were struck dead simply for conspiring to lie; that would seem unfair for on the night Christ was tried, Peter himself lied three times yet was not thrice struck dead and anyway, as Peter acknowledged, they were under no obligation to donate the money.  It might then seem difficult to see just what was the sin so heinous that both deserved to die but theologians most often hint at something Aristotle might have called honor, what the social media marketing experts might call the quality of authenticity.  The transgression of Ananias and Sapphira was seeking the honor of their community in a manner dishonorable, shaming themselves as mere counterfeits; phoneys.  It was not the money which mattered, it was the fake news and, as Peter said, that news came from Satan for Satan had filled (to “the brim” in some translations) the heart of Ananias.  So, it's no great theological leap to see in their conduct as transgressions of (8) You shall not steal and (2) You shall not make any idols to worship (in that money had become an object of veneration).

La Mort de Saphire (The Death of Sapphira (1652)), oil on canvas by Nicolas Poussin (1594–1665).

People lie all the time and God does not smite them in his wrath but while all men might be equal before God, not all communities are equal.  When people lie to others in their community they are lying to others, to themselves and before God; it is a sin and one day they shall be judged.  But among the disciples of Christ himself, there can be no lies for to lie there is to lie about the work of the Holy Spirit and to speak that lie to God.  There can be only one consequence and that must be death.  It's a warning to those with the conceit to seek pre-eminence among the people of God, careerists seeking recognition, influence and power in God’s Church which is wrong for it is God alone who takes us into His Church (John 6:44, 65) and Him alone who elevates and ordains individuals to offices within (1Corinthians 12:18, 28; Ephesians 4:11); as in all things, "the Lord giveth and the Lord taketh away; Blessed be the name of the Lord" (Job 1:21).  The vainglory of the self-aggrandizement of Ananias and Sapphira was the work of the mind and nature of Satan (Isaiah 14:13-14; Ezekiel 28:17) and was what made the couple willing instruments in the execution of his purposes.  Structuralists draw from the story a lesson about the authority of the hierarchical clergy and the nature of the institution of the Church.  Theologians writing their apologia (which seem always emphasise that Peter must be absolved of any responsibility) conclude the message is in everything we do we must love our neighbors as ourselves and seek not to accrue wealth, status and power.

In the early medieval church the legal position was unambiguous so the spirit was strong, even if the flesh of priests was sometimes weak, accusations of simony not uncommon, something encouraged presumably by the increasingly obvious wealth of not a few clergy.  In reaction, canon law banned what had become revenue streams derived from the supply of what had once been simple orders of service performed for events such as blessings or baptism.  Over the years many canons and edicts reinforced the sanctions, something necessitated by priests being good “black letter law” practitioners, eager to spot loopholes and eyes of needles through which money could pass.  Even papal bulls addressed the matter though it was a time of low literacy and distant channels of communications, things which helped imaginative priests hone their business model.  Famously, Gregory I (circa 540–604; usually styled Saint Gregory the Great, pope 590-604) condemned such transactions as “a simoniac heresy” but the problem was not the state of law but the efficiency of its enforcement, a familiar complaint in the modern secular world.

Despite it all, by the ninth and tenth centuries, simony had become so entrenched in the ecclesiastical structure that the very economy of the Church may have been dependent on the practices and in the eyes of the population, presumably was an accepted part of theology.  The more austere canon lawyers however found it disturbing and by the eleventh century, one of the debates between them concerned the issue of whether a priest who had gained his office by a simonical transaction (ie purchased it from a bishop) could be said to be validly ordained and this was not merely a tiresome technical point argued between lawyers: if an ordination was invalid, did this invalidate the legal effect of the rituals he’d since performed?  If so, were some marriages null & void, couples living in sin and unknowingly producing illegitimate children?  Were their baptisms valid or were there many unbaptised heathens?  That was bad enough but if so, would those who had died (and there would have been many), on that basis be sent not to Heaven but instead burn in Hell (discussions of some less unpleasant alternatives such as Limbo were not then well advanced)?

It was during the pontificate of Gregory IX (circa 1150-1241; pope 1227-1241) the sanctions were codified and it was done with a legal sledgehammer.  In issuing the Corpus Juris Canonici (literally “Body of Canon Law”) in 1234, Gregory provided the document which would provide the framework for the Church’s canon law for over 700 years and although subject to frequent refinement, it would not be replaced until 1917.  As a part of this, the matter of simony was dealt with in what might now be called “an omnibus provision”, the definitional basis for the offence so wide that just about any transaction “involving consideration” (ie money or some other benefit) might be caught in its net.

Canto XVIII, part of the eighth circle of Hell, in Divine Comedy (circa 1494), illustrated by Sandro Botticelli (Alessandro di Mariano di Vanni Filipepi; circa 1445–1510).

It’s said to have had a great reforming influence but of course the problem shifted shape rather than going away and in the fourteenth century, Dante Alighieri (circa1265–1321) in Divina Commedia (Divine Comedy (circa 1310-1321)) detailed (not without glee) the fate of avaricious simoniacs including “clergymen, and popes and cardinals” who, dammed for “fraud” would be cast into the eighth circle of Hell, a hot, fiery place where they’d have ended up trapped for eternity in a flaming tomb, the frequent punishments including being whipped by demons, immersed in excrement and transformed into reptiles:

Rapacious ones, who take the things of God,
that ought to be the brides of Righteousness,
and make them fornicate for gold and silver!
The time has come to let the trumpet sound
for you;

Ever if not scared of lawyers, from the most humble monk to the pope himself, priests were scared of going to Hell so Dante’s words may have had some effect, even though he wrote in common Italian rather than Latin.  The lure of money though proved strong and although the sale of “indulgences” (essentially God’s forgiveness, often in bulk) was not the sole inspiration for the movement which led to the sixteenth century Protestant Reformation, it was probably the most celebrated and an indication of the way corruption tends to be hydra-headed, difficult to suppress and probably impossible to eradicate.  Still, it was the framework of canon law which provided the basis for the structures the Church of England would adopt to stamp out simony and it’s not hard to see traces of it in many of the anti-corruption statutes and institutions which exist today in many Western states.

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

Wednesday, January 19, 2022

Deuterogamy & Putative

Deuterogamy (pronounced doo-tuh-rog-uh-mee or dyoo- tuh-rog-uh-mee)

A second marriage, (as distinct from bigamy, as defined in law and canon law), historically after the death of the first husband or wife but now applied also in other circumstances.

1650–1660: From the Ancient Greek deuterogamía (a second marriage), the construct being deuteron, from the Ancient Greek δεύτερος (deúteros) (second (of two)) + -gamy (the suffix from the Ancient Greek γάμος (gámos) used to form nouns describing forms of marriage (and in biology to form nouns describing forms of fertilization).  The related forms are deuterocanonical, deuteromycete, deuteromycetes, deuteron, deuterogamist, deuteronomic and deuteronomis.

The permitted second marriage

Deuterogamy is a lesser-known companion word of bigamy and polygamy.  Bigamy is the act of marrying one person while in a stare of marriage with another; it can be committed unknowingly (in rare cases even by both parties) but it committed knowingly is a criminal offence in most jurisdictions.  Polygamy is the generic term for multiple marriages and encompasses bigamy, the word used mostly by anthropologists to describe both polygyny (having several wives) and polyandry (the predictably less common practice of enjoying several husbands).  There’s also the synonym digamy but it’s so easily confused with the almost homophonic bigamy it should be avoided and rendered obsolete (which it may already be).

Etymologically, deuterogamy describes merely the act of a second marriage but in canon law it was the definitional term for a permissible second marriage, one celebrated after the death of a first wife or husband.  Under canon law, marrying another when one’s original partner remained alive, even if a divorce had been granted by a civil court, was bigamy.  The only circumstances in which the church would countenance a deuteronomis marriage when the previous partner remained alive was if a bishop was prepared to issue a certificate of annulment which created not the legal fiction that the marriage never existed but that it was ab initio (void at its inception) because the essential sacramental component was always missing

As an example, noted Roman Catholic, father of six and amateur moral theologian Barnaby Joyce (b 1967; deputy prime-minister of Australia thrice variously since 2016):

(1) Is an adulterer because he enjoyed intimacy with a woman while married to another.  He’s guilty merely of single-adultery because the other woman with whom he cavorted was unmarried; had his mistress been married, double adultery would have been the offence.  Surely worse.

(2) Cannot, under canon law, undertake a deuteronomis marriage unless he can find grounds on which a bishop might be persuaded to annul his first marriage. 

All things considered, one might have thought this difficult but in 2015, Pope Francis (b 1936; pope since 2013) issued two possibly revolutionary motu proprio (literally “on his own impulse”; essentially the law-making mechanism available to absolute monarchs as the royal decree): Mitis iudex dominus Iesus (Reform to the Canons of the Code of Canon that pertain to the marriage nullity cases) and Mitis et misericors Iesus (Reform of the canons of the Code of Canons of Eastern Churches pertaining to cases regarding the nullity of marriage) which changed canon law, simplifying the annulment process.  It was a demonstration of what’s possible in an absolute theocracy and must have induced a little envy in people like prime-ministers dealing with bolshie cross-benchers or recalcitrant senators.

Better to help sinners consider their position, Cardinal Francesco Coccopalmerio (b 1938; then president of the Pontifical Council for Legislative Texts), issued a clarification, noting the Church “…does not decree the annulment of a legally valid marriage, but rather declares the nullity of a legally invalid marriage”.  While a piece of sophistry a bit different from what usually crosses the National Party mind and not obviously a great deal of help, it might have been enough to give Mr Joyce hope.

"A second marriage is a triumph of hope over experience."  Samuel Johnson (1709–1784).

On Monday 17 January, it was announced Mr Joyce had proposed to his new partner and that she'd accepted.  In a nice touch, he presented his fiancée a parti sapphire engagement ring.  Parti sapphires are unique in the extraordinary way their several distinct colors simultaneously display in any light, unlike other polychromic stones which need light to fall in different ways for the range to show.  The other distinction of the parti is that their value lies not in perfection but in their flaws; it's the inclusions in the parti which create the dazzling iridescence.  Like Mr Joyce, the parti sapphire is loved and venerated for its flaws.

Redemption does seem much on Mr Joyce's mind.  After the National Party caucus, having decided to allow hope to triumph over experience and (for the third time) elect him leader (and thus deputy prime-minister), he was gracious in victory, saying  “I acknowledge my faults and I resigned as I should have and I did. I’ve spent three years on the backbench and, you know, I hope I come back a better person.”  The self-identification as the prodigal son seems to draw a long theological bow and is anyway not relevant to the matters a bishop is compelled to consider when reviewing an application to annul a marriage.  The reforms imposed by Francis are really about time and money, reducing how long it takes and how much it costs to secure an annulment; the legal basis on which one may be granted remains unchanged, Church teaching being not that the marriage in question failed, but that the sacramental component was always missing.  Still, a wind of change is blowing through the Vatican and Mitis iudex dominus Iesus, like other recent reforms, did make clear these were matters for the local bishop, the man closest to his flock.

Putative (pronounced pyoo-tuh-tiv)

Commonly believed or deemed to be the case; reputed; accepted by supposition rather than as a result of proof.

1432: From the late Middle English, from the Middle French putatif, from the Late Latin putātīvus (reputed) the construct being putāt(us), past participle of putāre (to think, consider, reckon (originally “to clean, prune”)) + -īvus (-ive).  The ultimate root was the primitive Indo-European pau- (to cut, strike, stamp), the most familiar Latin variants being putātus (thought) and putō (I think, I consider, I reckon).  The -īvus  suffix was from the primitive Indo-European -ihwós, an extended form of –wós; it was cognate with the Ancient Greek -εος (-eîos) (from which Latin picked up also -ēus) and was added to the perfect passive participial stem of verbs, forming a deverbal adjective meaning “doing” or “related to doing”.  Putative is an adjective, putatively an adverb.

Early use of the word was almost exclusively in Church Latin as putative marriage, one which, though legally invalid due to an impediment, was contracted in good faith by at least one party.  Putative is almost always used in front of a noun, the modified noun being that which is assumed or supposed to be. The putative cause of a disease is whatever is generally thought to be the cause, even if unproven.  As a point of usage, it’s not correct to say "the cause was putative."

UK Prime Minister Boris Johnson’s marriage to Roman Catholic Carrie Symonds, mother of the two youngest of his seven children, was celebrated in London's Westminster Cathedral on 29 June 2021, the edifice briefly closed for the occasion.  Unannounced, as Mr Johnson’s third putative marriage, it attracted particular interest because it was a Roman Catholic ceremony.  Although probably most of the British public years ago lost any interest in theology, still widely known is the church’s doctrinal insistence that marriage is a permanent, lifelong union between a man and a woman, those who divorce unable to enter a second marriage recognized by the Church.

The prime-minister’s union is however within church rules.  A baptized Catholic, what he described as his school-boy conversion to Anglicanism was not something recognized by canon law, Mr Johnson joining the Church of England by a process the Vatican would view as not much more than him deciding one day he was Anglican.  Not good enough.  For any soul to depart the faith, what canon law requires is a “defection from the Catholic Church by a formal act”, a specifically defined legal process, undertaken in dialogue with the Church hierarchy and nothing like that was ever done.  Conversion cannot be effected simply by conduct or press-release and, although what was done might have made Mr Johnson an Anglican in the eyes of Lambeth, to the Holy See he was and remained one of them.

Marriage has a long history, the idea of a lifelong partnership between one man and one woman drawn from of natural law and something recognized and acknowledged by the Church by virtue of the conduct and acquiescence of the parties even before the medieval church regularized the practice in the Code of Canon Law.  The code contains also ecclesiastical laws governing how and when Catholics can enter marriage, among which is the requirements to conform with “canonical form” including the ceremony being performed in the parish church of the parties, the permission of their bishop to marry outside of the Church and the need to seek special dispensation, sometimes from Rome, to marry non-Christians.

The construction of the framework really began at the fourth Lateran Council (1215) which banned informal or secret marriages, beginning the codification of the forms and processes of formal marriage with rules ensuring marriages would be widely known within the community so (1) any impediment might be raised prior to or before the conclusion of the ceremony and (2), once done, neither party could deny the union.  This really was social engineering, addressing the not uncommon event of a man inducing consent from a woman or girl with assurance he regarded them as betrothed, only later, usually when he learned she was with child, to renounce the “marriage”.  All of this had a good scriptural basis, the notion of “what therefore God hath joined together, let not man put asunder” appearing both in Mark 10:9 and Matthew 19:6.  Further to strengthen the framework, after the Council of Trent (Concilium Tridentinum, 1545-1563, nineteenth ecumenical council of the Catholic Church, Trent (Trento), Italy), the marriage sacrament came under jurisdiction of the Church, ceremonies performed and records maintained by priests.  Unless a marriage conformed to canonical form, it couldn’t be a valid marriage and, in the eyes of canon lawyers, never happened.  That was the legal abstraction.  On the ground, parish priests and presumptive fathers-in-law, knowing what had happened, dealt with miscreant “husbands”.  

Thus the prime minister is a baptized Catholic subject to the demands of canonical form and one whose previous marriages lacked canonical form.  Any Church tribunal would be compelled to hold the two unions invalid; they didn’t exist so he could marry Ms Symonds in a Catholic ceremony in a Catholic Church as his first valid marriage.  Helpfully, nor are sins of the father visited upon the children, the law recognizing the children born of putative marriages later declared null or invalid to be as legitimate as those born of valid marriages.  The origin of this lies in the Medieval habit of kings seeking (and gaining, sometimes on grounds more tenuous than those applying to Mr Johnson) an annulment.  Then it was the delicate business of handling the sunder without messing with long-settled issues of succession.

There are other quirks in Canon law.  While the Church does hold only a marriage between two baptized Christians can be a sacrament, it also recognizes that any marriage which conforms to its essential properties is valid, regardless of whether it involves those of other faiths or indeed atheists.  The exception is Catholics, on whom is imposed the more onerous demands of canonical form.