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Sunday, March 17, 2024

Guidance

Guidance (pronounced gahyd-ns)

(1) The act or function of guiding; leadership; direction.

(2) When used as a modifier (marriage guidance et al), advice or counseling (that provided for students choosing a course of study or preparing for a vocation; that given to couples with “marriage problems” etc).

(3) Supervised care or assistance, especially therapeutic help in the treatment of minor emotional disturbances, use prevalent in the management of “troubled youth”.

(4) Something that guides (used of both hardware & software).

(5) The process by which the flight of a missile or rocket may be altered in speed and direction in response to controls situated either wholly in the projectile or partly at the point of launch (ground, air, sea or space-based).

(6) The general term for the part of the publishing industry devoted to “self-help” titles.

1765–1775: The construct was guide + -ance.  Guide dates from the mid-fourteenth century and was from the Middle English guide (to lead, direct, conduct), from the Old French verb guider (to lead; to conduct (guide the noun), from the Old Occitan guida, from the earlier guier & guidar, from the Frankish wītan (to show the way, lead), from the Proto-Germanic wītaną & witanan (to see, know; go, depart (also “to look after, guard, ascribe to, reproach”)), from the primitive Indo-European weyd or weid (to see, know).  It was cognate with the Old English wītan (to see, take heed to, watch after, guard, to keep) and related to the Modern English wit.  The Proto-Germanic was the source also of the German weisen (to show, point out) and the Old English witan (to reproach) & wite (fine, penalty).  The development in French was influenced both by the Old Provençal noun guidar (guide, leader) and the Italian guidare, both from the same source.  The suffix -ance was an alternative form of -ence, both added to an adjective or verb to form a noun indicating a state or condition, such as result or capacity, associated with the verb (many words ending in -ance were formed in French or by alteration of a noun or adjective ending in –ant).  The suffix -ance was from the Middle English -aunce & -ance, from the Anglo-Norman -aunce and the continental Old French -ance, from the Latin -antia & -entia.  The –ence suffix was a word-forming element attached to verbs to form abstract nouns of process or fact (convergence from converge), or of state or quality and was from the Middle English -ence, from the Old French -ence, from the Latin –entia & -antia (depending on the vowel in the stem word).  The Latin present-participle endings for verbs stems in -a- were distinguished from those in -i- and -e- and as the Old French evolved from Latin, these were leveled to -ance, but later French borrowings from Latin (some of them subsequently passed to English) used the appropriate Latin form of the ending, as did words borrowed by English directly from Latin, thus diligence, absence et al.  There was however little consistency, English gaining many words from French but from the sixteenth century the suffix –ence was selectively restored, such was the reverence for Latin.  Guidance is a noun; the noun plural is guidances.

Lindsay Lohan's latter-day Cady Heron as a High School guidance counsellor.  In November 2023, Karen Smith (Amanda Seyfried (b 1985)), Gretchen Wieners (Lacey Chabert (b 1982)) & Cady Heron (Lindsay Lohan (b 1986)) were re-united for a presumably lucrative commercial for Walmart's upcoming Black Friday sale.  Constructed as a Mean Girls (2004) spoof and replete with references & allusions, Lindsay Lohan's now grown up Cady Heron appeared as North Shore High School's guidance counsellor, a self-explanatory joke.

The use of the word in jargon divides essentially into two classes, technical & descriptive.  Technical use includes the form “autoguidance” (the construct being auto(matic) + guidance) which is a general term describing the mechanical or electronic devices used to provide a machine with the ability autonomously to move without relying on external directional inputs.  Autoguidance systems date back decades and originally relied on the interaction of stuff like gyroscopes, accelerometers & altimeters (then known as “inertial guidance”) but became more integrated as electronics became smaller and improved in capacity & durability.  The most publicized use was in “guided missiles”, a term which entered general use in the 1950s (although it first appeared in British documents in 1944 in the sense of “a projectile capable of altering course in flight”, distinguishing the German V2 ballistic missile from the V1 (an early (unguided) cruise missile)) and the development of artificial intelligence (AI) has not only refined the technology but actually shifted the paradigm to one in which the machine (in some sense) makes "decisions", a process different from earlier autoguidance systems which were pre-programmed with a defined set of parameters which limited the scope of “decision making” to certain options.  The worrying implication of AI is that it might start making “its own decisions”, not because it has achieved some form of consciousness (in a sense comparable to that possessed by humans) but because the code produces unintended consequences.  When lines of code can be in the millions, not every permutation of events can be tested (although the use of AI should raise the count).  “Teleguidance” came into use to refer to the remote guidance of missiles and torpedoes but later also became a part of “space guidance” (an omnibus term encompassing the guidance operations required to launch a spacecraft into orbit or space, navigate in space and return to Earth or some other place).  Space guidance is especially complex because there can be a lag of minutes or hours between instructions being sent from Earth and received by the craft, thus the need for ground-based transmissions to interact with autoguidance systems.  Specialized forms in engineering include “non-guidance”, “pre-guidance” & “self-guidance”, all of which can be used of hardware components or segments of software within the one guidance system.

Quantum Physics for Dummies by Steven Holzner PhD (1957-2013) sounds like a Pythonesque joke title but it’s real and provides genuinely useful guidance on one of science’s more impenetrable topics.  For most of us, reading it will not mean we will understand quantum physics but it will help us more fully to understand what we don’t know; it is a good self-help book.

The term “e-guidance” is different in that it was just a buzz-phrase (which never really caught on) which referred to guidance given electronically (ie using the internet) and the forms which evolved (teleconferencing, telemedicine) were different again; they referred usually to human-to-human contact via screens rather than in person.  The descriptive uses included the familiar forms such as “guidance counselor”, “marriage guidance” & “guidance industry”, the latter responsible for the dreaded self-help books which although genuinely useful if focused on something specific (eg SpeedPro's highly recommended How to Build & Power Tune Weber & Dellorto DCOE, DCO/SP & DHLA Carburettors), also includes titles like “Getting Closure in Seven Days” or “201 Ways to Feel Better” (even God handed down only 10) et al, the utility of which varied to the extent it’s tempting sometimes to apply the noun “misguidance”.  Misguidance seems not to be used by those whose guidance systems have gone wrong, engineers preferring the punchy “fail” while the management-speak crew came up with “unplanned event”.

Guidance “books”, in one form or another can be traced back thousands of years and while there is evidence multiplication algorithms existed in Egypt (circa 1700-2000 BC) a handful of Babylonian clay tablets dating from circa 1800-1600 BC are the oldest guidance documents yet found, containing not solutions to specific issues but a collection of general procedures for solving whole classes of problems.  Translators consider them best understood as an early form of instruction manual and one tablet was found to include “This is the procedure”, a phrase familiar in many modern publications.  “Guidance” seems to have appeared in book titles in the 1610s.  In 2016, Lindsay Lohan threatened the world with a self-help book offering guidance on living one’s life.  It’s not clear if the project remains in preparation but hopefully a book will one day emerge.

Kim Jong-un & Kim Ju-ae with entourage (pencils poised) on an official visit to a Pyongyang greenhouse farm.

On Saturday 16 March, the DPRK’s (Democratic People’s Republic of Korea (North Korea)) state media department issued a statement, referring to Kim Jong-un’s (Kim III, b 1982; Supreme Leader of DPRK since 2011) daughter as “great person of guidance”, a term Pyongyangologists swiftly noted was reserved usually for senior leaders, the implication being a programme was in place preparing her status as a potential successor, thus one day becoming Kim IV.  The analysts said it was significant the statement was issued in both English and Korean-language versions of the official Korean Central News Agency report on the visit by the Supreme Leader and his daughter (within the family presumably now thought the "Supreme Daughter") visit to a greenhouse farm.  Attaching great importance to the use of the plural form of the honorific (the unavoidable suggestion being it applied to both), the analysts noted the crucial sentence:

The great persons of guidance, together with cadres of the Party, the government and the military went round the farm.

The existence of the Supreme Daughter has for some time been known although the official details are scant, her age or name never mentioned by state media but according to South Korean’s military intelligence service, her name is Kim Ju Ae and she is now aged thirteen.

Official DPRK Central News Agency photograph: Ri Sol-ju (b circa 1987; wife of Supreme Leader Kim Jong-un) (left), Kim Ju-ae (b circa 2011; daughter of Kim Jong-un) (centre) and Kim Jong-un (Kim III, b 1982; Supreme Leader of DPRK (North Korea) since 2011) (right), undisclosed location, February 2023.

The Kim regime, which will have the same sensitivity to domestic public opinion as any authoritarian or despotic operation (an often under-estimated political dynamic in such systems) and it would seem the groundwork for a possible succession has been in preparation for some time.  The appearance in 2023 of Kim Ju-ae at a banquet and subsequent parade commemorating the 75th anniversary of the Korean People's Army (KPA) attracted interest and even then the DPRK-watchers thought it might be a signal she had been anointed as Kim IV to succeed the Supreme Leader when he dies (God forbid).  That was actually her second public appearance, the first in 2022 when she accompanied her father inspecting some of his nuclear missiles, the big rockets long a family interest.  Fashionistas were on that occasion most impressed by the presumptive Kim IV in 2022 because she was dressed in black white & red, matching the color scheme the DPRK uses on its intercontinental ballistic missiles (ICBM); everyone thought that a nice touch.  In honor of the occasion, the DPRK issued a range of ICBM-themed postage stamps featuring the daughter.

Daddy-Daughter day with ICBMs: DPRK postage stamp issue featuring ICBMs, the Supreme Leader & his daughter, Kim Ju-ae.  Like most eleven year old girls, Kim Ju-ae seemed much taken by the beauty of nuclear weapons.

However, the publicity attached to the Kim’s visit to the farm was believed to be the “first expression of elevating Kim Ju Ae to the ranks” of the leadership according to a statement from Seoul’s University of North Korean Studies (UNKS) in Seoul, something confirmed by the Sejong Institute’s Center for Korean Peninsula Strategy (CKPS) which noted the North Korean term hyangdo (guidance) was typically only reserved for “top leaders or successors.  Attributing meaning to actions in the DPRK seems sometimes more art than science and the record is patchy but the CKPS observed “this level of personal worship for Kim Ju Ae strongly suggests that she will succeed Kim Jong Un as the next leader of North Korea" and it certainly follows the pattern of behavior adopted in the run-up to Kim Jong-il (Kim II, 1941-2011; Dear Leader of DPRK 1994-2011) inheriting the country in 2011 after the death of Kim Il-sung (Kim I, 1912–1994; Great Leader of DPRK 1948-1994).  Notably, the lesson of the political uncertainty after the unexpected early death of the Dear Leader may have been learned and the mistake of not having prepared international & domestic opinion for the reign of the Supreme Leader will not be repeated.  In this, the public appearances and use of “great person of guidance” can be thought of as the early building blocks of the Stalinist personality cult used to reinforce and perpetuate the rule of the Kims since the 1950s.  Since her debut, Kim Ju Ae has appeared at a number of her father's official engagements which have included a visit to a poultry farm, military drills & parades and a tour of a weapons factory.  All this is taken as solid evidence Kim Ju Ae is the preferred successor and she can be thought of as something like a “crown prince” or “crown princess”; the heir to the throne.  It has never been confirmed is the new Supreme Daughter is the oldest or even an only child because the rumors of one or more sons have never been confirmed although the reports persist, including that the health of the possible son is not good.  By contrast, the official photographs seem to suggest Kim Ju Ae is in rude good health and although reports of food shortages in the DPRK appear frequently, she certainly looks well.

The Dear Leader (left), the Supreme Leader (centre) and the Supreme Daughter (right), looking at things through binoculars.  Dating from the time of the Great Leader, looking at things through binoculars is a family tradition and there have been websites devoted to the subject

Of course, while deconstructing phrases from Pyongyang is an exercise both abstract and remote for the DPRK-watchers, for the people of North Korea who have enjoyed some 75 years of guidance from the Great Leader, the Dear Leader and the Supreme Leader, the prospect of decades more of the same from the Supreme Daughter will be of more immediate interest.  Public opinion in the DPRK is difficult to assess (although The Economist did publish an interview with the Dear Leader in which he admitted genuine support for the regime was likely little more than 25%) but it shouldn’t be assumed the folk there are not sophisticated consumers of political information and as the despairing staff of old Barry Goldwater (1909–1998) used to beg the press, they may be more focused on “what he means, not what he says.

The second of the DPRK Central News Agency's photographs recording the visit to the greenhouse farm.  Fashionistas will be interested to learn the wearing of leather is a more recent family thing, started by the Supreme Leader who reportedly has banned his subjects from donning black leather, the echo of a number of royal households who centuries ago imposed a proscription on commoners using the color purple which was reserved for royalty.  Of course, the sartorial choice may be something purely pragmatic, black garments known to be "most slimming" and whether the ban has been extended to the Supreme Daughter's fetching chocolate brown has been neither confirmed nor denied.  The notebooks carried by civilian & military members of the entourage are both compulsory & essential: if the Supreme Leader says something interesting, they write it down and presumably, should the Supreme Daughter say something interesting, that too will be noted although experienced stenographers develop techniques to limit the workload.  Those employed at World War II (1939-1945) Führerhauptquartiere (Führer Headquarters) admitted they never bothered writing down the first thing said by the famously sycophantic Wilhelm Keitel (1882–1946; Nazi field marshal & head of Oberkommando der Wehrmacht (OKW), the armed forces high command) because it was always the last thing said by Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945).

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.

Thursday, August 3, 2023

Quash

Quash (pronounced kwosh)

(1) To put down or suppress completely; quell; subdue; used usually in a military or paramilitary context.

(2) To make void, annul, or set aside (a law, indictment, decision etc); to reject (an indictment, writ, etc) as invalid.

(3) To crush or dash to pieces (obsolete and thought possibly an imperfect echoic of squash).

(4) In the civil procedure rules of US courts (as motion to quash), a specific request that asks the court to render the decision of a previous lower court ruling invalid.  It is similar to a motion to dismiss, except it asks the court to nullify a previous ruling rather than the current filing.

Circa 1275: From the Middle English quaschen, quasshen, cwessen, & quassen (to smash, break, overcome, suppress) from the Old French quasser, in part from the Latin quassāre (to shake), present active infinitive of quassō, frequentative of quatere (to shake) and in part from the Late Latin cassāre (to annul), a derivative of the Latin cassus (empty, void) under the influence of the Alatin cassō (I annul), from the Latin quatiō (I shake).  Ultimate root was the primitive Indo-European kweht- (to shake), the source also of the words pasta, paste, pastiche, pastry; cognate with Spanish quejar (to complain).  Similar to some degree are suppress, squash, repress, crush, quell, invalidate, annul, revoke, reverse, veto, void, undo, vacate, squelch, repeal, overrule, rescind, scrunch, annihilate and subdue.  Regarding quash and squash, the verb quash is now used to describe the crushing of something in a nonphysical sense whereas squash is applied when an object is physically crushed but both were for hundreds of years used in both senses, quash losing its physical sense only in the twentieth century.  Urban Dictionary also lists a number of non-standard meanings.  Quash & quashed are verbs, quasher is a noun, quashing is a noun & verb and quashable is an adjective; the most common noun plural is quashings.

In the matter of Cardinal Pell

Cardinal George Pell (1941-2023): On appeal, the prosecution not having proved guilt beyond reasonable doubt, the conviction was quashed.

Quash means to nullify, void or declare invalid and is a procedure used in both criminal and civil cases when irregularities or procedural defects are found.  In a unanimous (7-0) judgment (Pell v The Queen [2020] HCA 12)) quashing Cardinal Pell’s conviction (Pell v The Queen [2019] VSCA 186), the High Court set aside the verdict and substituted an acquittal; in a legal sense it is now as if the original verdict never happened.  What the court did was declare existing law and provide what are not exactly parameters but are more than guidelines.  If nothing else, it’s likely the judgment will cause trial judges more precisely to instruct juries about reasonable doubt:

(1) The accused on trial in a serious criminal matter is presumed to be innocent.

(2) The accused may but is not obliged to offer a defense; it is incumbent upon the prosecution (almost always the state) to prove, beyond reasonable doubt, the guilt of the accused.

There’s nothing controversial about those positions, they’ve well known and have for centuries been accepted orthodoxies for the administration of criminal law in common law jurisdictions.  What the Pell judgment did was draw attention to other orthodoxies not as widely known:

(3) A jury is presumed to be comprised of reasonable people who impartially will assess the evidence (contested facts) presented; matters of contested facts are subjective and for the jury.

(4) It is the responsibility of the judge accurately and lucidly to instruct the jury on such matters of law which may be relevant to their consideration of matters of fact; matters of law are objective and for the judge.

Reasonable people on juries are thus required to decide if there is a reasonable doubt the prosecution’s case has proven guilt.  Reasonable doubt went back a long way but the phrase “reasonable personwas defined by English courts in negligence cases, an attempt to provide an example of the “the average man” or “the man in the street”.  Descriptions by judges vary but usually mean something like a “…reasonably intelligent and impartial person unversed in legal esoteric(Jones v US, DC Court of Appeals), sketched rather more poetically by an English judge as “the man on the Clapham omnibus” (“a bloke on the Hornsby train” in Australian parlance).

(5) In exercising their subjective judgment to determine if the prosecution has proven their case beyond reasonable doubt, the jury is required to decide this on the objective basis of reasonable doubt detailed in the judge’s direction or summing up.

(6) If a court of appeal found a jury, acting reasonably, on the basis of the evidence presented, should have found reasonable doubt of guilt, the judge(s) can order the conviction quashed and verdicts of acquittal entered instead.

Not only verdicts can be quashed.  If within their jurisdiction, a judge can quash a warrant or order.

Wednesday, July 5, 2023

Spot

Spot (pronounced spot)

(1) A rounded mark or stain made by foreign matter, as mud, blood, paint, ink etc; a blot or speck, differing usually in colour or texture from its surroundings.

(2) A small blemish, mole, or lesion on the skin or other surface (popularly associated with pimple, zits, blackheads etc).

(3) A small, circumscribed mark caused by disease, allergic reaction, decay, etc.

(4) A comparatively small, usually roundish, part of a surface differing from the rest in color, texture, character etc.

(5) A place or locality (used also in the plural, often to describe places of entertainment, sightseeing locations, historic sites etc and also used of things like parking spots).

(6) In organisational structures, a specific position in a sequence or hierarchy.

(7) In playing cards, one of various traditional, geometric drawings of a club, diamond, heart, or spade indicating suit and value.

(8) A pip, as on dice or dominoes.

(9) In slang, a piece of paper money (5 spot=$5 etc).

(10) As a clipping of “spot illustration”, a small drawing, usually black and white, appearing within or accompanying a text.

(11) A small quantity of anything.

(12) In ichthyology, a small croaker (Leiostomus xanthurus) with a black spot behind the shoulders and fifteen oblique dark bars on the sides, the habitat of which is the US east coast; the southern redfish, or red horse (Sciaenops ocellatus), which has a spot on each side at the base of the tai; both popular as food fish.

(13) As a clipping of “spot market”, the informal terms for commodities (grain, oil, wool et al) sold for immediate delivery and payment at a price quoted at the point of sale.

(14) A slang term for a spotlight.

(15) To stain or mark with spots:

(16) In dry cleaning, to remove a spot or spots from clothing, prior to processing.

(17) In any context, to make a spot; to become spotted.

(18) In the military (often as target spotter or spotting), law enforcement or among criminals etc, to serve or act as a spotter.

(19) In billiards, a clipping of “spot ball” the white ball that is distinguished from the plain by a mark or spot; the player using this ball.

(20) To look out for and note; to observe or perceive suddenly, especially under difficult circumstances; to discern.

(21) In informal use (US) in some games and sports, to yield an advantage or concession to one's opponent.

(22) In zoology, a term used to describe various dot-like patterns (ladybirds, leopards et al) seen on the skin, wings, coats etc of some animals.

(23) In sports, an official determination of placement (where a referee or umpire places a ball, sets the point at which a penalty kick is to be taken etc).

(24) In broadcasting (radio & television), brief advertisement or program segment.

(25) In gymnastics, dance & weightlifting, one who spots (supports or assists a manoeuvre, or is prepared to assist if safety dictates); a spotter.

(26) A variety of the common domestic pigeon, so called from a spot on its head just above the beak.

(27) In the jargon of financial trading, the decimal point (used to ensure no ambiguities in oral exchanges).

(28) In physics, a dissipative soliton (a stable solitary localized structure that arises in nonlinear spatially extended dissipative systems due to mechanisms of self-organization); known also as a pulse.

(29) In slang (US), to loan a small amount of money to someone.

(30) In analogue & digital photograph editing, to remove minor flaws.

(31) In ballet, to keep the head and eyes pointing in a single direction while turning.

(32) To cut or chip timber in preparation for hewing.

(33) In naval aviation, to position an aircraft on the deck of an aircraft carrier ready for launch by catapult.

(34) In rail transport, to position a locomotive or car at a predetermined point (typically for loading or unloading).

1150-1200: From the Middle English spot & spotte (a moral blemish), partially from the Middle Dutch spotte (spot, speck, mark), and partially a merging with the Middle English splot, from the Old English splott (spot, speck, plot of land).  It was cognate with the East Frisian spot (speck), the North Frisian spot (speck, piece of ground), the Low German spot (speck) and the Old Norse spotti (small piece) and the Norwegian spot (spot, small piece of land); it was related also to splotch.  Describing originally some flaw of character, the idea of a “speck, stain left by something on a surface” emerged in the mid-fourteenth century, picked up from the Old English splott.  The late Middle English verb spotten (to stain, mark) was a derivative of the noun.  Variations of the form are common in Germanic languages but the nature of the spread and evolution remains murky.  From the early fourteenth century it was used to describe “a patch or mark on the fur of an animal while the sense of a “particular place, small extent of space (on a body, etc”) dated from the late 1300s, the general figurative use "a blemish, defect, distinguishing mark emerging at the same time, concurrent with the now familiar use to refer to pimple, zips etc, soon to be celebrated in the medical literature as “an eruption on the skin”.  The adjective spotless was from the late fourteenth century spotless (without flaw or blemish; pure).  The adjective spotty was from the mid-fourteenth century spotti, (marked with spots (of the skin, etc)) and it entered figurative use in the sense of “unsteady, irregular, uneven, without unity” in 1932.  Spot is a noun, verb & adjective, spotter & spotlessness are nouns, spotlike, spotless’ spotty & spottable are adjectives, spotting & spots are nouns & verbs, spotlessly is an adverb and spotted is a verb & adjective; the noun plural is spots.

The early nineteenth century use of “spotty” in art criticism was originally a critique and unrelated either to the later technique of divisionism (sometimes called chromoluminarism), most associated with Neo-Impressionist painting and defined by the colors being separated into individual dots or daubs or the “dot paintings” associated with some forms of Indigenous Australian art.  The meaning “short interval in a radio broadcast for an advertisement or announcement” dates from 1937, an extension of the earlier use in live theatre to describe “an act's position on a bill”, noted since as surprisingly late 1923.  Although it’s likely to have been longer in oral use, in 1901 it noted in the US as a term for a prison sentence (5 spot=5 years etc).

1971 Ford Mustang Boss 351.  Even when standing still the thing undeniably had a presence but the sheer volume of the rear coachwork created blind spots and the dramatic roofline (said to be highly aerodynamic) restricted rearward visibility, the glass close to horizontal.

The term “blind spot” began in optics in 1864 describing a “spot within one's range of vision but where one cannot see” which in 1872 was described scientifically as “the point on the retina insensitive to light (where the optic nerve enters the eye”.  The figurative use (of moral, intellectual matters etc) dates from 1907 while the literal (a field of vision blocked by some fixed object) was used by 1912, originally of those suffered by omnibus drivers and later it became familiar when describing defects in the visibility offered by the design of early automobiles.  Dating from 1888, “hot spot” was originally a term from dermatology which referred to the focal point of a skin irritation and was literal, the temperature at the (usually reddish) site slightly higher.  In 1931 it was use of “nightclubs or other entertainment venues" (which after 1936 were “nightspots” generally) while it came into use in fire-fighting in 1938 after research indicated the most effective way to prevent spread or lower intensity was to find the points of highest temperature.  It 1941, it came to be applied to “a place of international conflict”.  The famous g spot (also a g-spot and short for Gräfenberg spot, named for German gynecologist Ernst Gräfenberg (1881-1957)) entered English in 1981 although the doctor had described it in a paper published in 1950 but similar finding are in documents dating back centuries.  He also developed the intra-uterine device (IUD) but despite these notable contributions to science he died in obscurity.

The noun spotter (one who makes spots; one who observes things for some purpose) was first used in 1876 as a slang for “a detective”, picking up from the verb in the secondary sense of “catch with the eye” and by 1903 it was used in the general sense of a “look-out”, adopted with apparently equal enthusiasm by police and criminals alike.  It was a designated position in hunting and target practice by 1893 but the military appear not to have picked it up until the World War I (1914-1918) although such tasks had existed for centuries, pre-dating even artillery, batteries of archers supported by an observer who reported their accuracy of fire.  In the navy, they were also called “sighters” and the use of “spotter” for this purpose has even extended to electronic hardware.  The sunspot in 1818 was again from dermatology and referred to “a spot on the skin caused by exposure to the Sun”, the term picked up in 1849 by the early heliophysicists to describe the “spots on the surface of the Sun”.

Spotlights (actually anti-aircraft searchlights) used to create the Lichtdom (literally "Cathedral of Light") effect at the Nazi's Nuremberg Rallies during the 1930s.

The spotlight (source of artificial light casting a narrow, relatively intense beam) was first described in 1904 as a piece of theatrical equipment with the figurative sense dating from 1916 where it could carry either negative or positive connotations (unlike the companion “limelight” which was always positive).  The military did use the term spotlight but the “searchlight” was a more frequent entry in lists of materiel.  The hobby (which for some seems either a calling or obsession) of train-spotting was first documented in 1959 (the train spotter having been mentioned the previous year) and referred to those who observed, collected and collated the numbers of railway locomotives, one’s status in the field determined by the number of unique entries in one’s list.  The habit caught on and there are also car spotters, truck spotters, bus spotters and plane spotters, the last once causing an international incident when a group were arrested outside a Greek military airfield by police who confiscated their notebooks and cameras, accusing them of spying.  The matter was resolved.

Hitting the spot: Crooked Hillary Clinton enjoys a shot of Crown Royal Bourbon Whiskey, Bronko's restaurant, Crown Point, Indiana, Saturday 12 April, 2008.

In idiomatic use, the phrase “hit the spot” (satisfy, be what is required) was first document in 1857 while the companion “spot on” doesn’t seem to have been used until 1920.  Earlier, “on the spot” by the 1670s meant “at once, without moving or delay” and a decade later “in the precise place and time” hence to be “on the spot” implied one “doing just what is right and needed”, a form noted since 1884.  The term “man on the spot” assumed some importance in diplomatic and military chains of command in the times before modes of communications were global, convenient and real-time, a recognition the one best equipped to make a decision was “the man on the spot”; then all certainly were men.  To “put someone on the spot” or “leave them in “a bit of a spot (or a “tight spot”)” was to “place them in a difficult situation”, use dating from 1928 and 1929 respectively.  The “spot check” (an inspection of a sample chosen at random) was first described (though doubtless a long-established practice) in 1933 and was used as a verb by 1944.  The term “sweet spot” is a mid-twentieth century formation which means “the optimal point and is used to describe (1) in acoustics the point of optimal sound delivered by the positioning of speakers, (2) in economics the optional outcome in a cost-benefit analysis, (3) in sporting equipment the location on a tennis racquet, baseball bat etc which produces the most satisfactory effect on the ball, (4) in phonetics the state of harmonic resonance in the larynx which produces the perfect sound and (5) as a euphemistic, the clitoris, G-spot or other source of sexual pleasure.  Generally, it’s used to mean “any ideal location or situation.

In zoology, the nomenclature can mislead non-specialists: The black spotted estuary cod (left) is a fish with black spots whereas the black spotted pond turtle  (right) is a black amphibian with white spots.

Spot in its original sense a taint, stigma, stain or blemish on the character of a person is still used to suggest some moral flaw and is related to “can’t change one’s spots” & “a leopard can’t change its spots”, the implication being character flaws are inherent.  A “weak spot” is a specific deficiency and a “soft spot” is a “particular sympathetic affection or weakness for a person or thing” which should not be confused with the “soft underbelly”; such is a vulnerability.  To “hit the spot” is an acknowledgement a need has perfectly be satisfied (typically used to mean hunger has been sated or thirst quenched.  In the matter of the weather, if it’s “just spotting”, the rain is light.  A “black spot” is something bad or dangerous while a “bright spot” is a highlight or something positive in a sea of bad news.  The use of the phrase “X marks the spot” has expanded somewhat but originally meant “one will find what one is looking for under an obvious sign”.  Spotted fever was a term for a number of tropical diseases (the reference to the symptoms which appeared on the skin) dating from the 1640s.  The spotted dick (suet pudding with currants and raisins) appeared in recipe books in 1849 although the date of its creation is uncertain.

Spotted dick (sometimes known as spotted richard) with custard.

In June 2018, it was reported the Strangers' Dining Room the UK’s House of Commons in Westminster had changed the name of “Spotted Dick” to “Spotted Richard” although in other parts of the country, the suet & dried fruit sponge dessert remained on sale under the traditional name.  Derided by many as “wokeness” or “political correctness gone mad” the restaurant staff confirmed the change had been made in case anyone found the conjunction of spotted and dick “confronting”.  There’s no suggestion any complaints had been received which might have prompted the change but ideas soon flowed about the way people might be protected from other culinary micro-aggressions: Apple crumble was thought to be potentially offensive to those diagnosed with anxiety disorders so it might better be called apple support while the extra virgin olive oil offered with breads could be triggering for the Incels (involuntary celibate men).  Perhaps such oil could be labelled young because one certainly doesn’t wish to trigger the Incels.  The sight of Cock-a-leekie soup on a menu would be challenging for both the incontinent and those recovering from certain STIs (sexually transmitted infections which were once known as STDs (sexually transmitted diseases and before that venereal disease (VD)) so it would be better to play it straight and re-brand as chicken & leek soup.

Famously daring tennis player Roger Federer (b 1981), Wimbledon, July 2023.

A long-standing orthodoxy in fashion is that stripes and spots should never be mixed and either should be worn only with a solid and with the added caveat care should be taken with color choices.  However, neither all stripes nor all spots are created equal; dimensionality matters so if small enough and in the right color combination, either can for these purposes work as solids and thus be available for mix & match.  To illustrate the technique, style guru Elisabeth McKnight explains pattern mixing with polka dots:

(1) Pick a color palette: Black and white is an easy starter palette, but even if adding color, stick to only a few.  Find patterns with the same colors in them or keep it easy by mixing colors of the same tone together (pastels with pastels or jewel tones with jewel tones, for example).

(2) Mix patterns of different scales: Pair a small print with a large and avoid prints of the same size. If using only one print (like a tiny polka dot skirt) with a very small print, essentially it acts as a neutral.  So, when wearing polka dots and stripes together, ensure dots are small if the stripes are bold.  Alternatively, if the print of the stripe is small, it can be paired with bigger dots.  As a rule of thumb, use the “ten foot rule”.  At that distance, to the naked eye, the fabric with small dots or strips should be had to distinguish from a solid.

(3) Mix textures for added dimension: Although it can be a dramatic look, especially with statements like red or purple, interest can be added if different fabrics are used for top and bottom garments.

How it's done: Lindsay Lohan demonstrates how spots and stripes work best with solids.