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

Sunday, June 19, 2022

Sinecure

Sinecure (pronounced sahy-ni-kyoor or sin-i-kyoor)

(1) An office or paid position requiring little or no work, often one with no formal duties (historically sometimes as sinecure post).

(2) An ecclesiastical benefice without cure of souls (a clerical appointment to which no spiritual or pastoral charge was attached (obsolete)).

(3) Figuratively, something having the appearance of functionality without being of any actual use or purpose.

1655–1665: From the Medieval Latin phrase beneficium sine cūrā (a benefice granted without cure of souls (care of parishioners), the construct being benefices + sine (without) + cūra (care).  The construct of the Latin benefium (beneficent) was bene- (well, good) + -ficus (the suffix denoting making) + -ium.  The –ium suffix (used most often to form adjectives) was applied as (1) a nominal suffix (2) a substantivisation of its neuter forms and (3) as an adjectival suffix.  It was associated with the formation of abstract nouns, sometimes denoting offices and groups, a linguistic practice which has long fallen from fashion.  In the New Latin, it was the standard suffix appended when forming names for chemical elements.  The derived forms include sinecureship, sinecurism, sinecural & sinecurist; the noun plural is sinecures.

The sinecure was a creation of medieval ecclesiastical law and referred to a situation in which the rector (with an emolument) of a parish neither resided in nor undertook the liturgical and pastoral functions of a cleric in the benefice but had a vicar serving under him, endowed and charged with the cure (pastoral care) of the parishioners.  From this the secular world borrowed the word to refer to an office or appointment which yields a revenue to the incumbent, but makes little or no demand upon their time or attention.  In ecclesiastical usage a sinecure was (1) a benefice of pecuniary value, a rectory, or vicarage, in which there is neither church nor population, (2) a benefice in which the rector receives the tithes, though the cure of souls, legally and ecclesiastically, belongs to some clerk or (3) a benefice in which there are both rector and vicar, in which case the duty commonly rests with the vicar, and the rectory is called a sinecure; but no church in which there is but one incumbent is properly a sinecure.  Presumably to avoid any clerical rorting of the system, as a technical point, ecclesiastical law noted that were a church to cease to exist or a parish become destitute of parishioners, a sinecure would not be created because the incumbent remained under obligation to perform divine service if the church should be rebuilt or the parish become inhabited.

Sinecures were for centuries a feature of the operation of Church and State in England and, as a useful form of patronage (and sometimes blatant corruption), they lasted until abolished by parliament in 1840.  They’d any way by then substantially fallen into disuse, few existing after the reform acts of the 1830s although they remained a favorite of novelists who enjoyed the possibilities their absurdity offered as a literary device, Anthony Trollope (1815–1882) in Barchester Towers (1857) memorably recounting the tale of the prebendary Dr Vesey Stanhope who spent a dozen years in Italy recovering from a sore throat, his time absorbed in catching butterflies.  Although sinecures vanished from ecclesiastical law, they remained an aspect of ecclesiastical life, under-employed clerics sometimes the subject of the same acerbic comments indolent tenured professors attract in campus fiction. 

In politics, sinecures evolved along three forks.  The first was as a formal device to allow political formations to coalesce, sinecures (the most obvious of which is the seemingly mysterious “minister without portfolio”) handy appointments when the need existed to pad out a ministry to fulfil the agreements entered into to form the coalitions necessary to secure a majority.  The second use of sinecures some claim are actually a form of corruption.  There are appointments made for base political reasons such as a means of disposing of someone suddenly inconvenient or as payment for political favors; such “jobs for the boys” (a few of which are “given” to women and the gender-neutral form “jobs for mates” is now preferred) are an integral part of modern politics.  In the Australian state of New South Wales (NSW), one premier was actually compelled to resign after an enquiry found one such appointment constituted corruption (a finding later overturned but many found the somewhat expanded definition of what actually constituted corruption to be compellingly convincing).  The sinecure also has a technical use in the operation of the UK parliament.  For historical reasons, members are not allowed to resign from the House of Commons but nor are members allowed simultaneously to hold what is termed “an office of profit under the Crown” and the conflictual interaction of these two provisions provide the mechanism by which a member may depart, the hollow shell of an ancient sinecure maintained for the purpose; once a member is appointed to the sinecure, their seat in parliament is declared vacant.

John Barilaro (b 1971) member of the NSW Legislative Assembly (Monaro) 2011-2021; cabinet minister 2014-2021 and Leader of the National Party (ex-Country Party) and thus deputy premier of NSW 2016-2021).  Mr Barilaro is pictured here with his family, May 2020.

In June 2022, Dominic Perrottet (b 1982, premier of NSW (Liberal) since 2021) announced the appointment of former deputy premier John Barilaro as NSW trade commissioner to the Americas, based in the US.  Responding to criticism this was another case of "jobs for mates", Mr Perrottet said Mr Bartilaro’s background and experience made him ideal for the role and he’d been selected not by the government but by recruitment firm NGS Global which conducted a "rigorous global talent search".  He was “…by far the most outstanding candidate" Mr Perrottet added.  Mr Barilaro seemed to agree, saying he would “…continue to build on what had already been achieved”.  One achievement of note was that the position of trade commissioner (believed to include an annual salary of Aus$400,000 and an expense account of a further Aus$100,000) was created while Mr Barilaro while a member of the NSW government although he insists this was entirely an inititive of the NSW Treasury.

Whether Mr Barilaro's appointment should be thought an example of horizontal or vertical integration attracted some interest but it certainly provides inspiration for politicians pondering their retirement planning (a task some suspect constitutes the bulk of most parliamentary careers): (1) create a number of highly paid statutory appointments (ie in the gift of a minister with no need to advertise the vacancy), (2) ensure the jobs don't require any skills or qualifications, (3) make sure at least some are based in a pleasant city in a first-world country, (4) design a job description that is vague and has no measure of success or failure & (5) arrange one's own appointment to the most desirable (methods will vary according to factional arrangements, favors owed etc).  Some probably consider this a plan B retirement scheme but it can be a lower-profile alternative to plan A which is (1) do some deal by which public assets are (sold, leased or in some advantageous way) made available to a corporation, individual, national entity etc & (2) do so in secret exchange for a lucrative (and especially undemanding) sinecure after retirement from politics.           

The reaction to the premier’s statement does illustrate the way the perception of a job can be changed according to circumstances of the appointment.  A job such as a trade commissioner would nominally be regarded as a conventional public service role, had it been filled by someone with an appropriate academic background or experience in trade or foreign relations but if given to an ex-politician, it can look like a sinecure, a nice retirement package with no expectation that KPIs or any of the other fashionable metrics of performance measurement will be much analyzed, either in New York or Sydney.

Still, Mr Barilaro has shown a flair for media management which would be handy in any foray into international relations.  In October 2021 he announced his separation from his wife of 26 years and it later transpired he was in a relationship with his former media adviser, such couplings apparently a bit of a National Party thing.  A few weeks later he concluded his valedictory speech in the NSW Parliament with the words "…one piece of advice: Be kind to each other. If we have learned anything over the past two years it is to be kind to each other."

On 30 June, following interesting revelations at a parliamentary enquiry convened to examine the processes which secured his appointment, Mr Barilaro announced he would not be taking the job.  "It is clear that my taking up this role is now not tenable with the amount of media attention this appointment has gained." he said in a written statement, adding "I believe my appointment will continue to be a distraction and not allow this important role to achieve what it was designed to do, and thus my decision."  In conclusion, he stated "I stress, that I have always maintained that I followed the process and look forward to the results of the review."

To the extent possible, he followed the politician's three-step playbook of how to try to extricate one's self from a tricky situation of one's own making: (1) blame the unfair media coverage, (2) assert there's been no wrong-doing but to avoid becoming a distraction for the party (usually expressed as "the government", "the state" etc) I am (withdrawing, resigning, standing aside etc) & (3) I am looking forward to spending more time with my family.  In the circumstances, he chose not to invoke step (3), that perhaps a bit much, even for Mr Barilaro.  The parliamentary enquiry however remains afoot (as does an internal review which may have a different agenda) and its findings should make interesting reading, students of the manufacture of sausages expected to be amused, if not surprised.

Sunday, December 27, 2020

Ambassador

Ambassador (pronounced am-bas-uh-dawr)

(1) A diplomatic official of the highest rank, sent by one sovereign or state to another as its resident representative (ambassador extraordinary and plenipotentiary).

(2) A diplomatic official of the highest rank sent by a government to represent it on a temporary mission, as for negotiating a treaty.

(3) A diplomatic official serving as permanent head of a country's mission to the United Nations or some other international organization.

(4) An authorized messenger or representative.

(5) A term for a corporate representative, often the public face(s) of the company, mush favoured by fashion houses etc.

1325-1375: From the Middle English ambassadore, from the Anglo-Norman ambassadeur & ambassateur, from the Old Italian ambassatore (ambassador in the dialectal Italian), from the Old Occitan ambaisador (ambassador), a derivative of ambaissa (service, mission, errand), from the Medieval Latin ambasiator, from the andbahti (service, function), from the Proto-Germanic ambahtiją (service, office), a derivative of the Proto-Germanic ambahtaz (servant), from the Gaulish ambaxtos (servant) which was the source also of the Classical Latin ambactus (vassal, servant, dependent).  The early Proto-Celtic ambaxtos (servant), was from the primitive Indo-European ambhi (drive around), from ambi- (around) + ag- (to drive).  The adjective ambassadorial (of or belonging to an ambassador) dates from 1759.

The spellings ambassador and embassador were used indiscriminately until the nineteenth century, the OED (Oxford English Dictionary) curiously continuing, well into the twentieth century, to insist the later was the preferred form in US English long after it had there been abandoned everywhere except in the halls of the State Department.  In diplomatic use, the US government had an interesting history of nomenclature, neither sending nor accrediting foreign ambassadors, having only “ministers”.  The reason for this lies in the origins of the United States as a revolutionary state freeing itself from monarchical tyranny; it thus insisted only on ministers who represented states, not ambassadors who historically were the personal emissaries of sovereigns.  Functionally there was no difference and not infrequently, in in casual use ministers were styled as ambassadors with neither offence or declaration of war following and, having made the political point for a century, after 1893, every minister became instead an ambassador.

Diplomatic ranks since 1961

Margaret Qualley (b 1994), Venice Film Festival, August 2019, Brand Ambassador for French fashion house Chanel.

Diplomatic rank is the system of professional and social rank used in the world of diplomacy and international relations. A diplomat's rank determines many ceremonial details, such as the order of precedence at official processions, the seat at the table at state dinners, the person to whom diplomatic credentials should be presented and the title by which they should be addressed.

The current system of diplomatic ranks was established by the Vienna Convention on Diplomatic Relations (1961) and the modern ranks are a simplified version of the more elaborate system established by the Congress of Vienna (1814-1815).  There are now three senior ranks, two of which remain in use:

Ambassador. An ambassador is a head of mission who is accredited to the receiving country's head of state. They head a diplomatic mission known as an embassy, which is usually headquartered in a chancery in the receiving state's capital, often clustered with others is what’s often styled a “diplomatic quarter”, a feature of town-planning especially associated with cities where physical security is a concern.  A papal nuncio is considered to have ambassadorial rank, and they preside over a nunciature and often, in predominantly Roman Catholic countries are, ex officio, appointed dean of the diplomatic corps.  Between Commonwealth countries, high commissioners are exchanged; they preside over a high commission and enjoy the same diplomatic rank as an ambassador.

Minister. A Minister is a head of mission who is accredited to the receiving country's head of state. A Minister heads a legation rather than an embassy. However, the last legations were upgraded to embassies in the late 1960s, and the rank of Minister is now obsolete.  An envoy or an internuncio was also considered to have the rank of Minister; they’re now granted status ad-hoc but tend to be regarded as being on the level of consular appointments.

None of this should be confused with the long and tangled history of the resident minister, appointments sometimes political, sometimes diplomatic and sometime administrative.  At different times and in different places, it’s meant different things, used essentially to mean whatever the immediate situation demanded and, being outside any formal rules or conventions of diplomacy, flexibility was possible.

A chargé d'affaires en pied (usually styled as chargé d'affairs in everyday use) is a permanent head of mission, accredited by his country's foreign minister to the receiving nation's foreign minister, in cases where the two governments have not reached an agreement to exchange ambassadors.  A chargé d'affaires ad interim is a diplomat who temporarily heads a diplomatic mission in the absence of an ambassador.

A variety of titles exist beneath the formal three such as counsellor, first secretary, second secretary, third secretary, attaché and assistant attaché.  The actual roles discharged vary, indeed, some of these jobs are actually covers for spies or other political operatives and, just as ambassadorships are used often as a rewards for helpful services (such as large campaign donations) or as a temptingly lucrative sinecure to get a potential rival out of the country, the lower appointments have been a dumping ground for troublesome public servants when, for whatever reason, they can’t be sacked.  The diplomatic appointment also determines the description of the architecture.  An ambassador works from (and usually lives in) an embassy where other diplomats (except Commonwealth high commissioners who operate from high commissions) tend to be housed in consulates.  Like ambassador and embassador, the terms ambassy and embassy used to be interchangeable but in each case one prevailed and the other went extinct.  Etymology has no explanation for either case except it was just a pattern of use which emerged and that’s how English evolves.

The word embassy evolved in another way.  It now, institutionally and architecturally, refers to something permanent but, until the late nineteenth century was more often a temporary mission and described a delegation which would return home when its business concluded.  The history is reflected in some terms still used in diplomacy such as "Head of Mission".

Uncle Otto and nephew Eric

Uncle Otto, saluting, Paris 1940.

Because the Third Reich never concluded a peace treaty with Vichy France, diplomatic recognition was not possible so no ambassador was accredited.  However, there was a de-facto ambassador, Hitler appointing Otto Abetz (1903-1958) to the German Embassy in Paris in November 1940, a post he held until July 1944 when diplomatic conditions changed a bit.  As the letters patent made clear, he acted with full ambassadorial authority.  In July 1949 a French court handed Abetz a twenty-year sentence for crimes against humanity; released in 1954, he died in 1958 in a traffic accident on the Cologne-Ruhr autobahn and there are conspiracy theorists who suspect the death was an "assassination".

Nephew Eric, taking tea, Canberra 2018.

Otto Abetz was the great uncle of Eric Abetz (b 1958; Liberal Party senator for Tasmania, Australia 1994-2022, member of the Tasmanian House of assembly since 2024).  Because of the coincidence of one being born in the same year death visited the other, there was speculation about the transmigration of uncle Otto’s soul to nephew Eric.  Spiritualists however generally agree this would have been impossible because the senator was born on 25 January 1958, his old Nazi relative living until 5 May the same year.  Transmigration was known also as metempsychosis and was an idea most associated in the West with pre-Ancient (archaic) Greece but which may (perhaps concurrently) have origins in Egypt and India.

The American Motors Corporation (AMC) Ambassador was produced in eight generations between 1957-1974 although the name had since 1927 been used by a company which would become part of the ultimately doomed AMC (American Motors Corporation) conglomerateEmblematic of AMC's unsuccessful attempt to compete with Detroit's big three (General Motors (GM), Ford and Chrysler), the Ambassador was in those years offered variously as an intermediate and full-sized car and this unfortunately culminated it's largest ever iteration being sold as the first oil crisis struck in 1973; the universe shifted and the Ambassador was axed in little more than year.  One footnote in the story is that in 1968, AMC's advertising made much of the Ambassador being the only car in the world, except those from Rolls-Royce, which fitted air-conditioning as standard equipment.  That was a bit of a fudge in that at the time a number of European manufacturers fitted air-conditioning (optional in Europe) to all of at least some of the models they shipped to the US but technically, AMC was correct.

Lindsay Logan, nueva embajadora de Allbirds (the new Allbirds ambassador), possibly on a Wednesday.

In 2022, Allbirds appointed Lindsay Lohan as an ambassador for its "Unexpected Athlete" campaign, focusing on her for the new limited edition of its most successful running shoe to date, the Tree Flyer.  The promotional video issued for the announcement was nicely scripted, beginning with Ms Lohan’s perhaps superfluous admission that as an ambassador for running “I am a little unexpected" before working in a few references to her career in film (showing again a rare sense of comedic timing), fondness for peanut butter cookies and the odd social media faux-pas, many of which she's over the years embraced.  The feature shoe is the "Lux Pink" which includes no plastics.  As a well-known car driver and frequent flyer who has for years lived in an air-conditioned cocoon in Dubai, it’s not clear how far up the chart of conspicuous consumption Ms Lohan has stamped her environmental footprint but US-based footwear and apparel company Allbirds claims its design, production & distribution processes are designed to make its products as eco-friendly as possible.  It is a certified “B Corporation”, a system of private certification of for-profit companies of their "social and environmental performance" conferred by B Lab, a non-profit organization which aims to provide consumers with a reliable way to distinguish the genuinely environmentally active from those which cynically “greenwash”.

Lindsay Lohan, Allbirds “Unexpected Athlete Ambassador”.

Wednesday, May 24, 2023

Epiphenomenon

Epiphenomenon (pronounced ep-uh-fuh-nom-uh-non or ep-uh-fuh-nom-uh-nuhn)

(1) In medicine, unexpected or atypical symptom or complication arising during the course of a disease (ie something historically or literally not connected to the disease).

(2) An activity, process, or state that is the result of another; a by-product, a consequence.

(3) In philosophy and psychology, a mental process or state that is an incidental by-product of physiological events in the brain or nervous system.

1706: The construct was epi- + phenomenon.  The epi- prefix was from the Ancient Greek ἐπί (epí) (on top of; in addition to (in a special use in chemistry, it denotes an epimeric form)).  Phenomenon was from the Late Latin phaenomenon (appearance), from the Latin phaenomenon (attested only in the plural form phaenomena), from the Ancient Greek φαινόμενον (phainómenon) (that which appears in one’s view; appearance; phenomenon), a noun use of the neuter singular form of φαινόμενος (phainómenos), the present middle or passive participle of φαίνω (phaínō) (to cause to appear; to reveal, show, uncover; to expound), from the primitive Indo-European beh- (to glow with light, to shine).  The alternative forms are epiphaenomenon (rare and apparently used only by some pathology journals and epiphænomenon (extinct except when cited in historic texts).  Epiphenomenon, epiphenomenalist & epiphenomenalism are nouns, epiphenomenalize is a verb, epiphenomenal, epiphenomenological & epiphenomenalistic are adjectives, and epiphenomenally & epiphenomenalistically are adverbs; the noun plural is epiphenomena or epiphenomenons.  A need to coin the nouns epiphenomenalization & epiphenomenalizationism seems not to have arisen but there’s still time.

In psychology an epiphenomenon is defined as a mere by-product of a process that has no effect on the process itself and within the discipline is most often used to refer to mental events considered as products of brain processes, the idea explored being the matter of an event secondary or incidental to another primary phenomenon (ie something that occurs as a byproduct or consequence of something else, without having any causal influence on the primary phenomenon).  In the abstract, consciousness or subjective experience is seen as an epiphenomenon of the brain's activity, meaning that it does not play an active role in influencing or causing physical events.  In both the clinical sciences and philosophy, the concept is often applied to a construct of pain, the argument being that the subjective experience of pain is an epiphenomenon of neural processes that are primarily responsible for generating behavioral responses to potential threats or injuries; the conscious experience of pain not directly contributing to behavior but instead accompanying it.  That doesn’t imply mental events are not real, just that they are not real in the sense of biological states and events.

In medicine, the word is used to describe symptoms or complications not directly causative of the relevant disease but occurring as a result of the underlying condition.  For example a patient suffering a chronic autoimmune disease may for a number of reasons be afflicted with inflammation in the joints and the casual relationship between the two is direct.  However, were the patient to react to the inflammation by lapsing into depression, this would be regarded as epiphenomenal because the symptoms are not the primary cause of the disease but arising as a consequence of the physiological and psychological impacts of living with a chronic illness.

Historians and social scientists use the word in the tradition of behaviorism.  In his controversial best-seller Hitler’s Willing Executioners: Ordinary Germans and the Holocaust (1996), then Harvard academic Daniel Jonah Goldhagen (b 1959) argued the “eliminationist antisemitism” which characterized the Nazi state (1933-1945) and culminated in the genocide of the Holocaust was not a product merely of the particular circumstances of the Third Reich but instead of a centuries-old virulent form of antisemitism which was uniquely and specifically German.  His point too was it was something almost endemic among non-Jewish Germans which necessitated him constructing a framework to explain the bulk of what criticism by Germans there was of the persecution of Jews.  This he did by suggesting the criticism… “was overwhelmingly directed at but certain aspects of the persecution [and] was epiphenomenal… in the sense that the criticism did not emanate from (and therefore does not signify) Germans’ departure from the two fundamental bedrock features relevant to the fate of the Jews at the hands of the Germans during the Nazi period, namely eliminationist antisemitism and its practical consequences”.  Goldhagen’s internal logic was of course perfect but it’s easy to see why the work was so controversial.  A best seller, it was well reviewed although there were professional historians who found fault with the scholarship and identified a number of technical issues but the author wasn’t discouraged and has in the years since published extensively in the same vein.

The word is not part of the Western legal vocabulary but it is related to the concepts of causation and foreseeability, both essential elements in determining liability in matters of negligence, their interaction a relatively recent development in common law.  For liability to be found, there must be (1) a causal relationship between the negligence and the injury suffered and (2) it must have been reasonably foreseeable that the negligent act might cause the injury suffered.  There’s no mathematical test to determine these things and each case is decided on the basis of the facts presented and even then a judge might find one way, their decision might be reversed 2-1 on appeal and then decided finally 4-3 by the highest appellate court.  So the scorecard of eleven eminent legal minds working with the same facts, in the same tradition can be 6-5 but that’s how the common law evolves.

Known as "The Twisted Tower", the the 28-storey PwC building in Midland, Johannesburg, South Africa, was designed by LYT Architecture.

Of late, causation, reasonable foreseeability and the epiphenomenological have been on the minds of some conspiracy theorists pondering revelations one of the arms of PricewaterhouseCoopers (PwC, one of the “Big Four” accounting companies (the others KPMG, EY & Deloitte) while acting as consultants to the Australian government in the development of legislation designed to ensure certain multi-national corporations would no longer be able to avoid paying tax on revenue generated within Australia, passed the relevant information to the PwC arm which was consulting with those very companies to design the legal and accounting mechanisms to avoid paying tax.  For PwC, this synergy (vertical integration taken to its logical conclusion) was an extraordinary example of efficiency and apparently a type of high-dollar insider trading which, depending on the chain of events, could disclose all sorts of potential wrongdoing, the obvious conflict of interest perhaps the least serious if it can be proven any involved personally gained from improper conduct.  That will play out, perhaps over years, but what intrigues the conspiracy theorists is whether it was reasonable foreseeable that if one hires the company working for the corporations one wishes to prevent avoiding tax and asks them to help develop a tax code to ensure that tax is paid, that the consultants might be tempted to exchange facts.  In other words, given that such a thing would appear to be reasonably foreseeable, what were the motives of the politicians in putting temptation in the way of PwC?  Theories have included (1) an ideological commitment to support global capitalism in ensuring big corporations pay as little tax as possible while appear to make every attempt to pursue them and (2) it being an example of crony-capitalism whereby politicians ensure big corporations aren’t too troubled by taxes in exchange for a nice sinecure upon retirement from the tiresome business of politics.  The cover of course would be the construct that the ongoing ability of multi-nationals to avoid tax would be something epiphenomenological rather than the reasonably foreseeable consequence of hiring the same accountancy firm as that hired by the multi-nationals.  There has been much muttering about Dracula & the blood-bank but after all, Dracula will do what Dracula does and the more interesting matter is the thoughts of those who thought it a good idea to hand him the keys.

Watched approvingly by comrade Joseph Stalin (1878-1953; Soviet leader 1924-1953) and Joachim von Ribbentrop (1893–1946; Nazi foreign minister 1938-1945), comrade Vyacheslav Molotov (1890–1986; Soviet foreign minister 1939-1949 & 1953-1956) signs the Nazi-Soviet Pact with its secret protocol, Moscow, August 1939 (left) and Dr HV Evatt (1894–1965; Australian attorney-general & foreign minister 1941-1949, and leader of opposition 1951-1960) with Winston Churchill (1975-1965; UK prime-minister 1940-1945 & 1951-1955), Downing Street, London, May 1942 (right).

Perhaps also of interest is that PwC has dozens of contracts with the Australian Department of Defence, generating in excess of Aus$200 million in revenue for the company.  There may be reasons that situation should anyway be reviewed but following recent revelations, the fact that PwC operates in the People's Republic of China (PRC) adds a layer of concern.  As the sharing of confidential information about tax matters indicates, whatever claims PwC make about the robustness of their "Chinese walls", it is clear that in at least some cases, once data is in the hands of PwC, there's no guarantee it will be kept confidential.  Whether PwC has contracts with the Chinese military might be an interesting question to ask but even if it does not, few would doubt that were the Chinese Communist Party (CCP) to ask PwC to obtain what they could, cooperation would be forthcoming.  PwC make much of their operation being a collection of "independent" entities but given the company is often as opaque as the CCP, people should make of that what they will.  Still, when asked during Senate Estimates (a process whereby senators can ask questions of ministers and senior public servants) if he still had sufficient confidence in PwC for them to remain as his department's internal auditors (ie advising him, inter-alia, on matters of governance), the head of the Treasury indicated he was on the basis that PwC auditors has assured him of their integrity.  It recalled the moment in October 1955 when Dr HV Evatt, then leader of the opposition, informed the house all members could be assured a certain Russian document about spying was a forgery because he'd written to the Soviet foreign minister to ask and comrade Molotov had replied confirming it was.  Those reporting the exchange were either too polite to draw the comparison or, as seems the case with journalists these days, lacked knowledge of anything which happened more than ten years ago.

Wednesday, December 18, 2024

Consecutive

Consecutive (pronounced kuhn-sek-yuh-tiv)

(1) Following one another in uninterrupted succession or order; successive without interruption.

(2) Marked or characterized by logical sequence (such as chronological, alphabetical or numerical sequence).

(3) In grammar & linguistics, as “consecutive clause”, a linguistic form that implies or describes an event that follows temporally from another (expressing consequence or result).

(4) In musical composition, a sequence of notes or chords which results from repeated shifts in pitch of the same interval (an alternative term for “parallel”).

1605-1615: From the sixteenth century French consécutif, from the Medieval Latin cōnsecūtīvus, from the Latin cōnsecūtus (follow up; having followed), from consequī (to pursue) & cōnsequor (to travel).  The construct was consecut(ion) + -ive.  Consecution dates from the early fifteenth century and by the 1530s was used in the sense of “proceeding in argument from one proposition to another in logical sequence”.  It was from the Middle English consecucioun (attainment), from the Latin consecutionem (nominative consecution), noun of action from the past-participle stem of consequi (to follow after), from an assimilated form of com (in the sense of “with, together”) + sequi (to follow (from the primitive Indo-European root sekw- (to follow).  The meaning “any succession or sequence” emerged by the 1650s.  The Latin cōnsecūtiō (to follow after) was from the past participle of cōnsequor (to follow, result, reach).  The –ive suffix was from the Anglo-Norman -if (feminine -ive), from the Latin -ivus.  Until the fourteenth century, all Middle English loanwords from the Anglo-Norman ended in -if (actif, natif, sensitif, pensif etc) and, under the influence of literary Neolatin, both languages introduced the form -ive.  Those forms that have not been replaced were subsequently changed to end in -y (hasty, from hastif, jolly, from jolif etc).  The antonyms are inconsecutive & unconsecutive but (except in some specialized fields of mathematics) “non-sequential” usually conveys the same meaning.  Like the Latin suffix -io (genitive -ionis), the Latin suffix -ivus is appended to the perfect passive participle to form an adjective of action.  Consecutive is a noun & adjective, consecutiveness is a noun and consecutively is an adverb; the noun plural is consecutives.

In sport, the most celebrated consecutive sequence seems to be things in three and that appears to first to have been institutionalized in cricket where for a bowler to take three wickets with three consecutive deliveries in the same match was first described in 1879 as a “hat trick”.  Because of the rules of cricket, there could be even days between these deliveries because a bowler might take a wicket with the last ball he delivered in the first innings and the first two he sent down in the second.  A hat trick however can happen only within a match; two in one match and one in another, even if consecutive, doesn’t count.  Why the rare feat came to be called “hat trick” isn’t certain, the alternative explanations being (1) an allusion to the magician’s popular stage trick of “pulling three rabbits out of the hat” (there had earlier also been a different trick involving three actions and a hat) or (2) the practice of awarding the successful bowler a hat as a prize; hats in the nineteenth century were an almost essential part of the male wardrobe and thus a welcome gift.  The “hat trick” terminology extended to other sports including rugby (a player scoring three tries in a match), football (soccer) & ice hockey (a player scoring three goals in a match) and motor racing (a driver securing pole position, setting the fastest lap time and winning a race).  It has become common in sport (and even politics (a kind of sport)) to use “hat trick” of anything in an uninterrupted sequence of three (winning championships, winning against the same opponent over three seasons etc) although “threepeat” (the construct being three + (re)peat) has become popular and to mark winning three long-established premium events (not always in the same season) there are “triple crowns).  Rugby’s triple crown is awarded to whichever of the “home countries” (England, Ireland, Scotland & Wales) wins all three matches that season; US Horse racing’s triple crown events are the Kentucky Derby, the Preakness Stakes and the Belmont Stakes.

Graham Hill (1929–1975) in BRM P57 with the famous (but fragile) open-stack exhausts, Monaco Grand Prix, 3 June 1962.  Hill is the only driver to have claimed motor-racing's classic Triple Crown.

The term is widely used in motorsport but the classic version is the earliest and consists of the Indianapolis 500, the 24 Hours of Le Mans and the Formula One (F1) World Drivers' Championship (only one driver ever winning all three) and there’s never been any requirement of “consecutiveness”; indeed, now that F1 drivers now rarely appear in other series while contracted, it’s less likely to happen.

Donald Trump, a third term and the Twenty-second Amendment

Steve Bannon (left) and Donald Trump (right).

Although the MAGA (Make America Great Again) team studiously avoided raising the matter during the 2024 presidential election campaign, while Donald Trump (b 1946; US president (POTUS) 2017-2021 and since 2025) was president elect awaiting inauguration, Steve Bannon (b 1957 and a most prominent MAGA operative) suggested there’s a legal theory (that term may be generous) which could be relevant in allowing him to run again in 2028, by-passing the “two-term limit” in the US Constitution.  Speaking on December 15 at the annual gala dinner of New York’s Young Republican Club’s (the breeding ground of the state’s right-wing fanatics), Mr Bannon tantalized the guests by saying “…maybe we do it again in 28?”, his notion of the possibility a third Trump term based on advice received from Mike Davis (1978, a lawyer who describes himself as Mr Trump’s “viceroy” and was spoken of in some circles as a potential contender for attorney general in a Trump administration).  Although the Twenty-second Amendment to the constitution states: “No person shall be elected to the office of the President more than twice”, Mr Davis had noted it was at least arguable this applied only to “consecutive” terms so as Mr Bannon confirmed, there was hope.  Warming to the topic, Mr Bannon went on to say :“Donald John Trump is going to raise his hand on the King James Bible and take the oath of office, his third victory and his second term.” (the MAGA orthodoxy being he really “won” the 2020 election which was “stolen” from him by the corrupt “deep state”.

Legal scholars in the US have dismissed the idea the simple, unambiguous phrase in the amendment could be interpreted in the way Mr Bannon & Mr Davis have suggested.  In the common law world, the classic case in the matter of how words in acts or statutes should be understood by courts is Bank of England v Vagliano Brothers (1891) AC 107, a bills of exchange case, decided by the House of Lords, then the UK’s final court of appeal.  Bank of England v Vagliano Brothers was a landmark case in the laws relating to negotiable instruments but of interest here is the way the Law Lords addressed significant principles regarding the interpretation of words in statutes, the conclusion being the primary goal of statutory interpretation is to ascertain the intention of Parliament as expressed in the statute and that intention must be derived from the language of the statute, interpreted in its natural and ordinary sense, unless the context or subject matter indicates otherwise.  What the judgment did was clarify that a statute may deliberately depart from or modify the common law and courts should not assume a statute is merely a restatement of common law principles unless the statute's language makes this clear.  The leading opinion was written by Lord Herschell (Farrer Herschell, 1837–1899; Lord High Chancellor of Great Britain 1886 & 1892-1895) who held that if the language of the statute is clear and unambiguous, it should be interpreted as it stands, without assuming it is subject to implicit common law principles; only if the language is ambiguous may courts look elsewhere for context and guidance.

So the guiding principle for courts is the words of a statute should be understood with what might be called their “plain, simple meaning” unless they’re not clear and unambiguous.  While the US Supreme Court recently has demonstrated it does not regard itself as bound even its own precedents and certainly not those of a now extinct UK court, few believe even the five most imaginative of the nine judges could somehow construe a constitutional amendment created for the explicit purpose of limiting presidents to two terms could be read down to the extent of “…more than twice…” being devalued to “…more than twice in a row…”.  Still, it was a juicy chunk of bleeding raw meat for Mr Bannon to toss to his ravenous audience.

The ratification numbers: Ultimately, the legislatures of 41 of the then 48 states ratified the amendment with only Massachusetts and Oklahoma choosing to reject.  

What the Twenty-second amendment did was limit the number of times someone could be elected president.  Proposed on 21 March 1947, the ratification process wasn’t completed until 27 February 1951, a time span of time span: 3 years, 343 days which is longer than all but one of the other 26, only the Twenty-seventh (delaying laws affecting Congressional salary from taking effect until after the next election of representatives) took longer, a remarkable 202 years, 223 days elapsing between the proposal on 25 September 1789 and the conclusion on 7 May 1992; by contrast, the speediest was the Twenty-sixth which lowered the voting age to 18, its journey absorbed only 100 days between 23 March-1 July 1971.  While not too much should be read into it, it’s of interest the Eighteenth (prohibiting the manufacturing or sale of alcoholic drinks within the US) required 1 year, 29 days (18 December 1917-16 January 1919) whereas the Twenty-first (repealing the Eighteenth) was done in 288 days (little more than half the time); proposed on 20 February 1933, the process was completed on 5 December the same year.

The path to the Twenty-second amendment began when George Washington (1732–1799; first POTUS, 1789-1797) choose not to seek a third term, his reasons including (1) a commitment to republican principles which required the presidency not be perceived as a life-long or vaguely monarchical position, (2) the importance of a peaceful transition of power to demonstrate the presidency was a temporary public service, not a permanent entitlement and (3) a desire not to see any excessive concentration of power in one individual or office.  Historians have noted Washington’s decision not to seek a third term was a deliberate effort to establish a tradition of limited presidential tenure, reflecting his belief this would safeguard the republic from tyranny and ensure no individual indefinitely could dominate government.

AI (Artificial Intelligence) generated image by Stable Diffusion of Lindsay Lohan and Donald Trump enjoying a coffee in Trump Tower's coffee shop.

For more than a century, what Washington did (or declined to do) was regarded as a constitutional convention and no president sought more than two terms.  Theodore Roosevelt (TR, 1858–1919; POTUS 1901-1909), celebrating his re-election in 1904 appeared to be moved by the moment when, unprompted, he announced: “Under no circumstances will I be a candidate for or accept another nomination” and he stuck to the pledge, arranging for William Howard Taft (1857–1930; POTUS 1909-1913 & chief justice of the SCOTUS (US Supreme Court) 1921-1930) to be his successor, confident he’d continue to pursue a progressive programme.  Taft however proved disappointingly conservative and Roosevelt decided in 1912 to seek a third term.  To critics who quoted at him his earlier pledge, he explained that “…when a man at breakfast declines the third cup of coffee his wife has offered, it doesn’t mean he’ll never in his life have another cup.  Throughout the 1912 campaign, comedians could get an easy laugh out of the line: “Have another cup of coffee”? and to those who objected to his violating Washington’s convention, he replied that what he was doing was “constitutional” which of course it was.

Puck magazine in 1908 (left) and 1912 (right) wasn't about to let Theodore Roosevelt forget what he'd promised in 1904.  The cartoon on the left was an example of accismus (an expression of feigned uninterest in something one actually desires).  Accismus was from the Latin accismus, from Ancient Greek ακκισμός (akkismós) (prudery).  Puck Magazine (1876-1918) was a weekly publication which combined humor with news & political satire; in its use of cartoons and caricatures it was something in the style of today's New Yorker but without quite the same tone of seriousness.

Roosevelt didn’t win the Republican nomination because the party bosses stitched thing up for Taft so he ran instead as a third-party candidate, splitting the GOP vote and thereby delivering the White House to the Democrats but he gained more than a quarter of the vote, out-polling Taft and remains the most successful third-party candidate ever so there was that.  His distant cousin Franklin Delano Roosevelt (FDR, 1882–1945, POTUS 1933-1945) was the one to prove the convention could be ignored and he gained not only a third term in 1940 but also a fourth in 1944.  FDR was not only a Democrat but also a most subversive one and when Lord Halifax (Edward Wood, 1881–1959; British Ambassador to the United States 1940-1946) arrived in Washington DC to serve as ambassador, he was surprised when one of a group of Republican senators with whom he was having dinner opened proceedings with: “Before you speak, Mr Ambassador, I want you to know that everyone in this room regards Mr Roosevelt as a bigger dictator than Hitler or Mussolini.  We believe he is taking this country to hell as quickly as he can.  As a sentiment, it sounds very much like the discourse of the 2024 campaign.

"The Trump Dynasty has begun" four term coffee mugs (currently unavailable) created for the 2020 presidential campaign. 

The Republicans truly were appalled by Roosevelt’s third and fourth terms and as soon as they gained control of both houses of Congress began the process of adding an amendment to the constitution which would codify in that document the two-term limit Washington had sought to establish as a convention.  It took longer than usual but the process was completed in 1951 when the amendment became part of the constitution and were Mr Trump to want to run again in 2028, it would have to be repealed, no easy task because such a thing requires not only the concurrence of two thirds of both the House of Representatives & Senate but also three quarters of the legislatures of the 50 states.  In other countries where presidential term limits have appeared tiresome to those who have no intention of leaving office the “work-arounds” are usually easier and Mr Trump may cast the odd envious eye overseas.  In Moscow, Mr Putin (Vladimir Vladimirovich Putin; b 1952; president or prime minister of Russia since 1999) solved the problem by deciding he and his prime-minister temporarily should swap jobs (though not authority) while he arranged a referendum to effect the necessary changes to the Russian Constitution.  The point about referendums in Russia was explained by comrade Stalin (1878-1953; Soviet leader 1924-1953) who observed: “it matters not who votes, what matters is who gets to count the votes.”  Barring accidents or the visitation of the angel of death (God forbid), Mr Putin seem set to remain as president until at least the mid-2030s.  

Some matters of mutual interest: Donald Trump (left) and Vladimir Putin (right).

There have been many African presidents who have "arranged" for constitutional term limits to be "revised" but the most elegant in the handling of this was Pierre Nkurunziza (1964–2020; president of Burundi 2005-2020) who simply ignored the tiresome clause and announced he would be standing for a third term, tidying up loose ends by having Burundi's Constitutional Court declare the president was acting in accordance with the law.  It would seem the principle of statutory interpretation in Bank of England v Vagliano Brothers (1989) wasn't brought before the court (formerly part of the empire of Imperial Germany (the so-called "Second Reich") and later a Belgian-administered territory under a League of Nations mandate, Burundi follows the civil law tradition rather than the common law inheritance from the old British Empire so the judgment in Vagliano might, at most, have been though "persuasive" and certainly not binding).  As it was, shortly before the verdict was handed down, one judge, fearing for his life, fled into exile, claiming the government had applied "pressure" on the court to deliver a ruling favorable to the president.

For most of the republic's existence, holders of the office of VPOTUS (vice-president of the US) tended to be obscure figures noted only if they turned out to be crooks like Spiro Agnew (1918–1996; VPOTUS 1969-1973) or assumed the presidency in one circumstance or another and during the nineteenth century there was a joke about two brothers: “One ran off to sea and the other became vice-president; neither were ever heard from again.  That was of course an exaggeration but it reflected the general view of the office which has few formal duties and can only ever be as powerful or influential as a president allows although the incumbent is “a heartbeat from the presidency”.  John Nance Garner III (1868–1967, VPOTUS 1933-1941), a reasonable judge of these things, once told Lyndon Johnson (LBJ, 1908–1973; VPOTUS 1961-1963 & POTUS 1963-1969) being VPOTUS was “not worth a bucket of warm piss” (which in polite company usually is sanitized as “...bucket of warm spit”).  In the US, a number of VPOTUSs have become POTUS and some have worked out well although of late the record has not been encouraging, the presidencies of Lyndon Johnson, Richard Nixon (1913-1994; VPOTUS 1953-1961 & POTUS 1969-1974), George H. W. Bush (George XLI, 1924-2018; VPOTUS 1981-1989 & POTUS 1989-1993) and Joe Biden (b 1942; VPOTUS 2008-2017 & POTUS 2021-2025) 1963-1968, all ending badly, respectively in despair, disgrace, defeat and decrepitude.

Still, in the post-war years, the VPOTUS has often assumed a higher profile or been judged to be more influential, the latter certainly true of Dick Cheney (1941-2025; VPOTUS 2001-2009) and some have even been given specific responsibilities such as LBJ’s role as titular head of the space program (which worked out well) or Kamala Harris (b 1964; VPOTUS 2021-2025) co-ordinating the response to difficulties on the southern border (a role in which either she failed or never attempted depending on the opinion's source).  So wonderfully unpredictable is Donald Trump that quite what form the Vance VPOTUSship will assume is guesswork but conspiracy theorists already are speculating part of MAGA forward-planning is to have Mr Vance elected POTUS in 2028, simply as part of a work-around in a constitutional jigsaw puzzle.

The conspiracy revolves around the words in Section 1 of the Twenty-second Amendment: “No person shall be elected to the office of the President more than twice” and even the most optimistic MAGA lawyers concede not even Brett Kavanaugh (b 1965; associate justice of the SCOTUS since 2018) or Clarence Thomas (b 1948; associate justice of SCOTUS since 1991) could construct an interpretation which would allow Mr Trump to be elected for a third term although Justice Thomas may make a heroic attempt.  The constitution is however silent on whether any person may serve a third (or fourth, or fifth!) term so that makes possible the following sequence:

(1) In the 2028 election J.D.Vance is elected POTUS and somebody else (matters not who) is elected VPOTUS.

(2) J.D. Vance and somebody else (matters not who) are sworn into office as POTUS & VPOTUS respectively.

(3) Somebody else (matters not who) resigns as VPOTUS.

(4) J.D. Vance appoints Donald Trump as VPOTUS who is duly sworn-in.

(5) J.D. Vance resigns as POTUS and, as the constitution dictates. Donald Trump becomes POTUS and is duly sworn-in.

(6) Donald Trump appoints J.D.Vance as VPOTUS.

Whatever the politics, constitutionally, there is nothing controversial about those six steps because in part it replicates what happened between 1968 when Nixon & Agnew were elected POTUS & VPOTUS and 1974 when the offices were held respectively by Gerald Ford (1913–2006; VPOTUS 1973-1974 & POTUS 1974-1977) & Nelson Rockefeller (1908–1979; VPOTUS 1974-1977), neither of the latter pair having been elected.  Of course, in January 2029 somebody else (matters not who) would be a “left-over” but he (it seems a reasonable assumption somebody else (matters not who) will be male) can, depending on this and that, be appointed something like Secretary of Agriculture or a to sinecure such as an ambassadorship to a nice (non-shithole) country with a pleasant climate and a majority white population.