Verse

Verse (pronouced vurs)

(1) In non-technical use, a stanza.

(2) A succession of metrical feet written, printed, or orally composed as one line; one of the lines of a poem.

(3) A particular type of metrical line.

(4) A poem or a coherent fragment of a poem (as distinct from prose).

(5) A metrical composition; especially poetically, as involving metrical form.

(6) Metrical writing, distinguished from poetry because it’s defined as inferior.

(7) The collective poetry of an author, period, nation, group etc.

(8) One of the short conventional divisions of a chapter of the Bible.

(9) In music, that part of a song following the introduction and preceding the chorus (may be repeated or there may be several verses); sometimes defined also as those parts of a song designed to be sung by a solo voice.

(1) A line of prose (especially a sentence, or part of a sentence), written as a single line (now rare and used mostly in technical criticism).

(11) Of, relating to, or written in verse.

(12) A subdivision in any literary work (archaic).

(13) A synonym for versify (archaic).

(14) To compose verses, to tell in verse, or poetry (archaic).

(15) In the category system of the Grindr contact app, as a clipping of versatile, a man who enjoys assuming both roles in anal sex.  

Pre 900: From the Late Old English & Middle English verse, vers & fers (section of a psalm or canticle (and by the fourteenth century also poetry)), from the Old French & Old English fers (an early West Germanic borrowing directly from Latin), from the Latin versus (a row, a line in writing, and in poetry a verse (literally “a turning (of the plough)”), the construct being vert(ere) (to turn (past participle of versus)) + -tus (the suffix of verbal action (with dt becoming s)) and related to the Latin vertō (to turn around).  The ultimate root of the Latin forms was the primitive Indo-European wer (to turn; to bend) and the link with poetry is the metaphor of plowing, turning from one line to another as the ploughman turned from one furrow to the next.  Verse was technically being a back-formation from versus and was thus misconstrued as a third-person singular verb verses.

The late fourteenth century verb versify (compose verse, write poetry, make verses) was from the thirteenth century Old French versifier (turn into verse), from the Latin versificare (compose verse; put into verse), from versus, as a combining form of facere (to make), from the primitive Indo-European root dhe- (to set, put).   The transitive sense (put into verse) dates from 1735 and is probably obsolete except in historic use or as a literary device; the related forms are versified; versifying & versifier (existing since the mid-fourteenth century).  Verse is a noun, verb and adjective, versed & versing are verbs.

The English New Testament was in the 1550s first was divided fully into verses in the Geneva version.  The colloquial use in video gaming (typically as “verse him” meaning “to oppose, to compete against” remains non-standard.  The meaning "metrical composition" was first noted in circa 1300.  The use to describe the (usually) non-repeating part of modern songs (between repetitions of the chorus) was unknown until 1918 when the US social anthropologist (who would now be styled an ethno-musicologist) Natalie Curtis Burlin (1875-1921) published Negro Folk-Songs.  That work included a structural analysis of what were then called negro spirituals (now known as gospel music) which noted the distinction between chorus and verse, the former a melodic refrain sung by all which opens the song; the latter performed as a solo in free recitative.  The chorus is repeated, followed by another verse, then the chorus and so on until the final rendition of the chorus ends the song.

In poetry, the blank verse (unrhymed pentameter) was a structure frequently used in English dramatic and epic poetry, the descriptor dating from the 1580s although the form was attested in English poetry from the mid-sixteenth century and was of classical origin.  Definitely not of classical origin was the free verse (an 1869 Englishing of vers libre).  Free verse was controversial then and has remained so since among the tiny sliver of the population which takes any notice of the art.  The modernists generally were welcoming of the relaxation of the devotion to rhyme which the English lyric poets had elevated from art to obsession although they were as apt to condemn works as the literary establishment.  Free verse did not demand any adherence to meter and rhyme but sometimes lines or even whole stanzas so structured would appear in free verse, something which might be thought proto-postmodernism.

Verse, stanza, strophe & stave are all terms for a metrical grouping in poetic composition. Verse is often used interchangeably with stanza, but is properly only a single metrical line although in general use, verse is understood also to mean (1) a type of language rendered intentionally different from ordinary speech or prose and (2) a broader category of work than poetry, the latter historically thought serious, structured and genuinely art.  A stanza is a succession of lines (verses) commonly bound together by a rhyme scheme, and usually forming one of a series of similar groups that constitute a poem (the four-line stanza once the most frequently used in English).  The strophe (originally the section of a Greek choral ode sung while the chorus was moving from right to left) is in English poetry essentially “a section” which may be unrhymed or without strict form and may also be a stanza.  A strophe is a divisions of odes.  Stave is a now rare word meaning a stanza set to music or intended to be sung.  Many of those who read poetry for pleasure rather than analysis are probably unaware of this definitional swamp and it’s doubtful their experiences would be any more enjoyable were they to know.

Grindr and the prescriptive binary

Grindr is an app to help the gay community meet one another.  It has attracted criticism because it historically offered users the choice of defining themselves only as (1) a top (a man penetrating or with a preference for penetrating during homosexual anal intercourse (in gay slang also known as the “pitcher”), a bottom (a man who prefers, begs or demands the receptive role in anal sex with men (in gay slang also known as the “catcher”)) or a verse (a clipping of versatile, the sense being a man who enjoys assuming both roles in anal sex (ie is both pitcher & catcher)).

Top in this context was from, the Middle English top & toppe, from the Old English top (highest part; summit; crest; tassel, tuft; a tuft or ball at the highest point of anything), from the Proto-West Germanic topp, from the Proto-Germanic tuppaz (braid, pigtail, end) of unknown origin.  It was cognate with the Scots tap (top), the North Frisian top, tap & tup (top), the Saterland Frisian Top (top), the West Frisian top (top), the Dutch top (top, summit, peak), the Low German Topp (top), the German Zopf (braid, pigtail, plait, top), the Swedish topp (peak, summit, tip) and the Icelandic toppur (top).  Bottom in this context was from the Middle English botme & botom, from the Old English botm & bodan (bottom, foundation; ground, abyss), from the Proto-Germanic butmaz & budmaz, from the primitive Indo-European bhudhmḗn (bottom).  It was cognate with the Dutch bodem, the German Boden, the Icelandic botn, the Danish bund, the Irish bonn (sole (of foot)), the Ancient Greek πυθμήν (puthmḗn) (bottom of a cup or jar), the Sanskrit बुध्न (budhna) (bottom), the Persian بن‎ (bon) (bottom), the Latin fundus (bottom) (from which, via French, English gained fund). The familiar (and to Grindr essential) sense “posterior of a person” dates from 1794.  Versatile was from the Latin versātilis (turning, revolving, moving, capable of turning with ease to varied subjects or tasks), from versātus, past participle stem of versare (keep turning, be engaged in something, turn over in the mind), past participle of versō (I turn, change), frequentative of vertō (I turn), from the primitive Indo-European root wer- (to turn, to bend).  Grindr’s choice of a clipping of versatile may have been influenced by the meaning noted in English since 1762: “Able to do many things well”.

In May 2022 however Grindr added “side”, a category not unknown in the gay community but distinct from either the A (asexual) or P (pansexual) entries in the LGBTQQIAAOP string.  Deviating from the binary which (long pre-dating Grindr) has tended to define gay culture, sides are said to be those men who derive satisfaction from a range of sexual acts not including anal penetration, preferring instead oral, manual and frictional body techniques which deliver emotional, physical and psychological pleasure.  The general term for these activities is “outercourse”.

Grindr in 2022: Age of the Side.

The term “side” in this context was in 2013 defined by US psychotherapist Dr Joe Kort (b 1963) but it attracted little attention outside the mental health community until he used social media to generate interest and provide both a clearing house for information and facilitate contact between sides not catered for by Grinda and others which traditionally imposed the top/bottom categories as absolute.  The reaction was interesting and sides reported being ostracized or otherwise marginalized by the wider gay community which tended even to refuse to accept men could identify as gay if anal penetration wasn’t part of their expectation, either as top or bottom.  Interestingly, reflecting their different tradition, lesbians seem more accepting of variation in expectations, not putting the same premium on vaginal penetration.  Of course the exclusionary exactitude exists also in the heterosexual world, drawn probably from the long insistence by legal systems that it was the act of penetration (by human organs or other devices) which is the crucial threshold in so many of the gradients of sexual assault in criminal law and Bill Clinton (b 1946, president of the US 1993-2001) was famously assertive in saying he “…did not have sex with that woman” (Monica Lewinsky (b 1973)) on the basis there was no vaginal penetration. 

Dr Kort took the view that defining penetration as the sole criterion for “real” sex was just another heteronormative construct and that in accepting it gay men were allowing themselves again to be victims of a patriarchal hegemony and others pointed out that many who defined as asexual were actually those who indulged in sexual activities other than the penetrative.  Perhaps neutral on the sexual politics, Grindr certainly responded to the metrics.  If thousands were interacting with Dr Kort’s social media presence then there was gap in the market and Grindr was there to fill the gap, “side” in May 2022 added as the third way to be gay, hinting perhaps there was something in the old phrase “bit of a homosexual”.  It’ll be interesting to see if the marginalization earlier noted manifests on Grindr because there’s no evidence to suggest the sides have been welcomed to display themselves as an identifiable group in gay pride events and mental health clinicians have noted a definite gay hierarchy with the tops atop.  The other interesting issue is whether a second P needs to be appended to the LGBTQQIAAOP string to accommodate the platonic because the asexuals are clearly having sex, just not as Bill Clinton defines it.  It’s sex Bill but not as you know it.

Verse by Lindsay Lohan

Not previously much noted for publishing criticism of poetry, modernist or otherwise (although their reporters have been known to gush about the "poetic skills" of footballers), Rupert Murdoch's The Sun on 3 January 2017 did take note of some verse Lindsay Lohan posted on Instagram:

sometimes i hear the voice of the one i loved the most

but in this world we live in of terror

who i am to be the girl who is scared and hurt

when most things that happen i cannot explain

i try to understand

when i'm sitting in bed alone at 3am

so i can't sleep, i roll over

i can't think and my body becomes cold

i immediately feel older.....

 

than i realise, at least i am in a bed,

i am still alive,

so what can really be said?

just go to bed and close the blinds,

still and so on, i cannot help but want to fix all of these idle isis

minds

because,

there has to be something i can figure out

rather than living in a world of fear and doubt

they now shoot, we used to shout.

 

if only i can keep trying to fix it all

i would keep the world living loving and small

i would share my smiles

and give too Many kisses

Macaronic

Macaronic (pronounced mak-uh-ron-ik)

(1) A text composed of or characterized by Latin words mixed with vernacular words or non-Latin words given Latin endings (known in literary theory as the “macaronic verse”).

(2) In latter-day use, a text constructed with words from more than one language (written in a hodgepodge; a work of macaronic character).

(3) In structural linguistics, as macaronics, the study of or instances of macaronic language.

(4) Used loosely, anything mixed of stuff from different sources; a gallimaufry; a jumble (now rare).

(5) Of men, a dandy, foppish, trifling, affected (based on like “a macaroni” when used in that sense) (archaic).

1605–1615: From the sixteenth century New Latin macarōnicus, from the dialectal Italian maccarone (coarse dumpling), from the French macaronique (from the association of macaroni (the pasta) as peasant food with the vernacular language of peasants, thus the implication that mixing languages was indicative of “a lack of sophistication; being uneducated”, the construct being macaron(i) + -icus.  The Latin suffix -icus (feminine -ica, neuter -icum) was from i-stem + -cus and occurred in some original cases, becoming influential in adjectival formation and later used freely.  It was cognate with the Ancient Greek -ικός (-ikós), the Proto-Germanic -igaz (source of the Old High German and Old English -ig, the Gothic - -eigs, the Sanskrit -इक (-ika) and Proto-Slavic -ьcь (the latter becoming fossilized as a nominal agent suffix, but it likely originally also served adjectival functions).  The suffix was appended to nouns to form adjectives denoting (1) belong to, (2) derived from or (3) pertaining to and thus may be compared to the suffixes -ic & -ish.  The spelling macaronick has been obsolete since the eighteenth century.  Macaronic is a noun & adjective and macaronically is an adverb; the noun plural is macaronics.  The comparative is “more macaronic” and the superlative “most macaronic” and those presumably can be used either of (1) the number of “foreign” words in a text or (2) the extent of the perceived inelegance thus created.

Teofilo Folengo (1491–1544 (who wrote under the pseudonyms Merlino Coccajoa & Merlinus Cocaius)) is regarded as one of the earliest and certainly most celebrated of the Italian macaronic poets.  He had become a Benedictine monk after being disowned (and more to the point, disinherited) by his father, disappointed at his son being sent down from university for “bad behavior”, a character trait which the Benedictines seemed not wholly to have suppressed because while in the village close to the monastery, he was ensorcelled by the comely waif Girolama Dieda who led him astray.  They eloped but after years of wandering, he returned to the church, performing the necessary rites of repentance, remaining in “the arms of God” until he died.  It was in 1519 he published Maccaronea, a volume of burlesques in a style which proved influential, encouraging a host of imitators to pen a literature of rough and ribald satire in mingled Latin and Italian verse.  Helpfully, Brother Folengo in 1517 coined the Modern Latin macaronicus, based on the dialectal Italian maccarone (the pasta macaroni) and provided a verse referencing the ingredents: “Quoddam pulmentum farina, caseo, botiro compaginatum, grossum, rude, et rusticanum” which may be translated as “A certain dish made of flour, cheese, and butter, thick, crude, and rustic”, the elements deconstructed as farina (flour), caseo (cheese), botiro (butter), compaginatum (put together), grossum (thick), rude (crude; rough) & rusticanum (rustic).

So the macaronic verse was what might now be called a “mash-up” of vernacular words in a Latin context with Latin endings; applied loosely to verse in which two or more languages are jumbled together with little regard to syntax but so constructed as to be intelligible; that was what lent them the humor, they were obviously “wrong” but enough remained of conventional structures that the meaning was clear.  Because the dish maccarone was so associated with the rural poor (thus “peasant food”), the idea of the tangled, tortured language(s) of the verse was a caricature of the “talk of the uneducated, unsophisticated yokel”; in other words, a literary analogue of macaroni.  Although it was Folengo who popularized the technique its name, he wasn’t the first to publish verse in the style, Tifi (dagli) Odasi (the pen-name of Italian poet Michele di Bartolomeo degli Odasi (circa 1450–1492) in 1490 issuing Carmen macaronicum de Patavinis (Macaronic Song from Padua).  After the enthusiastic response to Folengo, the idea spread throughout Europe and much macaronic verse soon existed in French and German literature (the Germans calling them Nudeloerse although the works seem now to be listed as Knittelvers among the “amusing doggerel).

Portrait of Madame de Pompadour (1756), oil on canvas by François Boucher (1703-1770), Bavarian State Collection.

Soldiers liked pseudo Latin (Illegitimi non carborundum (Don't let the bastards grind you down) a classic of “Barracks Latin” and schoolboys & under-graduates were drawn to the macaronic limerick, the more bawdy the better:

King Louis, when passing through Bruges
Met a lady whose cunt was so huge
That he said, as he came
In that fabulous dame,
“Atta girl! Apris moi le deluge.” 

Apris moi le deluge (After me, the flood) was a phrase attributed to Louis XV (1710–1774; le Bien-Aimé (Louis the Beloved), King of France 1715-1774) who is reputed to have uttered the words to the Marquise de Pompadour (styled usually as Madame de Pompadour (Jeanne Antoinette Poisson (1721-1764), the king's official chief mistress 1745-1751)).  It conveys a feeling both narcissistic and nihilistic, the notion that once one is dead it matters little what happens in the world, an intoxicating sentiment expressed by characters in many novels.

There was a young lady of Nantes
Très jolie, et très élégante, [Very pretty, and very elegant]
But her cunt was so small
It was no good at all,
Except for la plume de ma tante.

La plume de ma tante (The quill (pen) of my Aunt) is notorious for its use in French language teaching and derided as being as useless in general discourse as “The rain in Spain stays mainly in the plain”, neither “often coming up in conversation”.

Macaroni is of course an obviously Italian word, a quality once exploited for jocular effect by Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945), someone not noted for his sense of humor.  In his (partly reliable) memoir, Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945) recalled Benito Mussolini’s (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943) 1937 state visit to Berlin being discussed during one of the Führer’s usually dreary social gatherings, recounting the way the sycophantic Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) responded to Hitler extolling the Italian’s virtues, praising his “Caesarean look”.  “Goebbels interposed.  He was surely speaking in the name of all present, he said, if he called attention to the enormous difference between the Duce and the Führer.  After all, the Führer was quite another kind of personality. In Italy Mussolini might be something special, a Roman among plain ordinary Italians, as the Führer had sometimes remarked; but here in Berlin he was, after all, just an Italian among Germans. At any rate he, Goebbels, at times had felt that the Duce had come walking out of an operetta.  Hider’s initial response to this seemed to be one of contradictory emotions. His new friend was being denigrated, but at the same time he felt flattered and stimulated. When Goebbels followed this up with two or three skillful remarks, Hitler began imitating a few of Mussolini’s poses that had struck him as outré: the outstretched chin, the right hand braced against the hip, the straddle-legged stance. While the onlookers laughed obediently, he flung out a number of Italian or Italian-sounding words like patria, Victoria, macaroni, bellezza, belcanto, telegrafico, and basta. His performance was very funny.”  Speer was not much noted for a sense of humor either.

The curious adoption in England, late in the eighteenth century, of “a macaroni” to describe “a dandy, a foppish and extravagantly well-dressed young man” was an allusion to London’s fashionable Macaroni Club, popular with elegant young men from the what were then called “the better classes” who after their obligatory “Grand Tour of the Continent” arrived home affecting French and Italian fashions and accents, something which brought them some derision.  Interestingly, among twenty-first century entertainment figures, affected foreign accents are still heard.  Macaroni also provided the English ruling class with (yet) another way of putting down foreigners: there were “macaroni philosophers” (anything from other than Greek, German or English empiricist traditions), “macaroni marquises” (European titles of nobility of dubious provenance) and “macaroni makers” (a Foreign Office term for Italian diplomats (a later alternative being “ice-cream salesmen”).  Fortunately though, macaroni cheese (Mac ’n’ Cheese) which upon its eighteenth century introduction to London was an “exotic dish” survived to become truly classless comfort food, albeit one which dieticians are inclined to preach against, at least if enjoyed too much or too often.

Lindsay Lohan’s official Mac ‘n’ cheese recipe.

Versus

Versus (pronounced vur-suhs or vur-suhz)

(1) Against, used especially to indicate an action brought by one party against another in a court of law, or to denote competing teams or players in a sporting contest.

(2) As compared to or as one of two (or more) choices; as alternative to; in contrast with.

1400–1450: From the Late Middle English, from the Latin versus (facing; literally “towards” ie “turned so as to face (something), opposite, over against) and originally the past participle of vertere (to turn, change, overthrow, destroy), from the primitive Indo-European wert- (to turn, wind) from the root *wer (to turn, bend).  Versus is a preposition, the accepted abbreviations are “v” & “vs”.  The Latin vertere being a word of conflict, it’s been predictably productive in English.  In psychology, ambivert & ambiversion were coined in 1927 to describe a "person exhibiting features of an extrovert and an introvert.  Advert was an adaptation of the mid-fifteenth century averten (to turn (something) aside) from the twelfth century Old French avertir (later advertir) (to turn, direct; turn aside; make aware, inform) from the Latin advertere (turn toward, turn to).  English restored the -d- in the sixteenth century.  Versus is a preposition.

Averse was a mid-fifteenth century form meaning "turned away in mind or feeling, disliking, unwilling", from the Old French avers (hostile, antagonistic) and directly from the Latin aversus (turned away, turned back), past participle of avertere (to direct one's attention to; give heed, literally "to turn toward”).  Averse in English is used almost exclusively in the mental sense, while averted is applied to physical acts.  Advertise was from the early fifteenth century advertisen (to take notice of (a sense now obsolete)), from the Old French advertiss-, present-participle stem of the twelfth century advertir (the earlier form was avertir) (make aware, call attention, remark; turn, turn to), again from the Latin advertere.  The mid-fifteenth century transitive sense of "give notice to others, inform, warn; make clear or manifest" was by influence of advertisement; the specific commercial meaning "call attention to goods for sale, rewards, etc" not in use until the late eighteenth century.  The idea of the adversary (unfriendly opponent, enemy) emerged originally in religious writing as a descriptor of Satan as the enemy of man.  It was from the mid-fourteenth century aduersere (hostile opponent, enemy), from the thirteenth century Anglo-French adverser and the twelfth century Old French adversarie (which in Modern French is adversaire), from the Latin adversarius (an opponent, rival, enemy) the noun use of the adjective meaning "opposite, hostile, contrary.  The Classical Latin was glossed in Old English by wiðerbroca.

The verso (reverse, back, or other side of some object," especially a printed page or book) dates from 1839 and was from the Latin verso (folio), ablative singular neuter of versus, past participle of vertere (to turn).  Retroversion was first noted in the 1580s in the sense of a “tilting or turning backward" noun of action or state from the Latin retroversus (turned or bent backwards).  The late fourteenth century controversy (disputation, debate, prolonged agitation of contrary opinions) was from the from Old French controversie (quarrel, disagreement" from the Latin controversia (a turning against; contention, quarrel, dispute), from controversus (turned in an opposite direction, disputed, turned against), the construct being contra "against" + versus (turned toward or against), past participle of vertere.  Vice versa (the order being changed) dates from circa 1600, the construct being vice, ablative of vicis (a change, alternation, alternate order) + versa, feminine ablative singular of versus, past participle of vertere.  The Century Dictionary notes the phrase has the “complete force of a proposition”, meaning “a transposition of antecedents, the consequents also transposed".

Sinister, the idea being the left being opposite the right is also involved.  When, in 1856, botanists needed a word to describe the direction of spiral structures in nature, they coined the adjective sinistrorse, from the Latin sinistrorsus (toward the left side), the construct being sinister (left) + versus (turned), past participle of vertere.  It was paired with dextrorse but, in the pre-internet age, communication between scientists in different places was slow or limited and confusion arose about what was the proper point of view to reckon leftward or rightward spiraling, both interpretations used and documented as sinistrorse.  It limited the utility of the word.  Universe dates from the 1580s in the sense of "the whole world, cosmos, the totality of existing things", from the twelfth century Old French univers, from the Latin universum "all things, everybody, all people, the whole world," noun use of the neuter of the adjective universus (all together, all in one, whole, entire, relating to all, literally "turned into one), from unus (one (from the primitive Indo-European root oi-& no- (one, unique)) + versus, past participle of vertere.

The word verse came from late Old English, replacing the earlier Old English fers which was an early West Germanic borrowing directly from Latin and meant "line or section of a psalm or canticle" which by the fourteenth century had extended to "line of poetry", from the Anglo-French and Old French vers (line of verse; rhyme, song), from the Latin versus (a line, row, line of verse, line of writing), again from the primitive Indo-European wer-.  The metaphor is of plowing, of "turning" from one line to another, in the sense of vertere (to turn) as the plowman does at the end of each furrow.  The New Testament in English translation was first divided fully into verses in the 1550s Geneva version.  The metrical composition dates from circa 1300 but, perhaps surprisingly, as the non-repeating part of a modern song (ie the text which exists between repetitions of the chorus), verse wasn’t used until 1918.  That was noted in the book Negro Folk-Songs (1918) by US ethno-musicologist Natalie Curtis Burlin (1875-1921) which documented the traditions and forms of what used to be called “negro spirituals”.  Seemingly for the first time, the structure was defined as consisting of "chorus and verses, the chorus being a melodic refrain sung by all which opens the song; then follows a verse sung as a solo, in free recitative; the chorus then repeated; then another verse, the chorus again and so on until the chorus, sung for the last time, ends the song.”

In law reporting, versus, and, & against

Carbolic Smoke Ball Company’s offer to the whole world.

In the English speaking world, in the reporting of legal actions which reach the stage of being filed by a court register (or equivalent), the convention is that the first party named is the plaintiff (appellant) and the second the defendant (respondent).  So, in the famous case in English contract law of Carlill v Carbolic Smoke Ball Company (1892, EWCA Civ 1) before the Court of Appeal, Mrs Carlill was the appellant and the Carbolic Smoke Ball Company the respondent.  The carbolic smoke ball case remains interesting because it established in English law the principle that advertisements offering something can constitute a binding contract even if the person claiming to have entered the contact hasn’t advised the author of the offer of their intent to perform the acts required in the terms of the offer.

Doubling down: The Carbolic Smoke Ball Company wasn't discouraged by the loss in the Court of Appeal, subsequently increasing both the reward to £200 and the small print to discourage claims.

During the deadly influenza pandemic in the northern winter of 1889-1890, the Carbolic Smoke Ball Company it would pay £100 (equivalent to some £12,000 in 2021) to anyone who became ill with influenza after using their smoke ball in accordance with the instructions enclosed with the product.  Mrs Carlill was concerned enough by the flu to buy a ball which, following the instructions, she used thrice daily for some weeks but nevertheless, caught the flu.  Unable to persuade the company to pay her £100, Mrs Carlill brought an action, in court claiming a contract existed which the company denied.  At first instance, despite being represented by a future prime-minister, the Carbolic Smoke Ball Company lost, a verdict upheld unanimously by the Court of Appeal.  It was a landmark in the development of contract law, refining the long-established principles of (1) offer, (2) acceptance, (3) certainty of terms and (4) payment although, it would be decades before the implications would begin comprehensively to be realized in legislation.  Not only did Mrs Carlill secure her £100 but she survived the pandemic, living to the age of ninety-six.  On 10 March 1942, she died after catching influenza.

In the UK and most of the Commonwealth, civil cases are reported in the form of Carlill v Carbolic Smoke Ball Company but in oral use spoken as Carlill and Carbolic Smoke Ball Company (although for notorious cases like this, an informal shorthand such as “carbolic” or “carbolic smoke” usually emerges).  Where a proceeding does not have formally designated adverse parties, the construct becomes “In the matter of”, spoken and written usually as “In re” or, more commonly “Re”.  In the US, the written form is the same for civil and criminal proceedings but when spoken, the “v” or “vs” is pronounced “vee” or “versus”.  Neither system appears helpful and it would be an improvement if both could agree to use “and” and “against” as required and write them in that form too.  It will never happen.

Criminal matters are written using the same convention but the “v” is spoken as “against”.  In Fagan v Commissioner of Police for the Metropolis (969 1 QB 439) a defendant’s conviction, for refusing to move his car after having inadvertently reversed over a policeman’s foot, was upheld.  Absurd as the facts of the case turned out to be, it was a useful illustration of the relevant legal principles.  In criminal law, there’s the requirement that both actus reus (act) and mens rea (intention) be present for a crime to take place.  Fagan argued that when he made the actus reus, because it was an accident, he had no men’s rea, but when he obtained mens rea, there was no corresponding actus reus.  There have been philosophers who would have found the logic of that compelling but the judges proved earthier, ruling that while omission cannot establish an assault, the actus reus of driving onto the foot and deciding to remain there constituted a continuing criminal act which was present when the mens rea occurred.  Mr Fagan’s conviction thus stood.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character "could be construed a portrait", which "could constitute an invasion of an individual’s privacy" but, on the facts of the case, the likeness was "not sufficiently strong".  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff" Judge Eugene Fahey wrote in his ruling.  Ms Lohan’s lawyers did not seek leave to appeal.

Libre

Libre (pronounced lib-rah (U) or lee-bra (non-U))

(1) Of or relating to free will; independent & unconstrained (now rare).

(2) Of software with few limitations on distribution and including access source code with a right granted to modify and distribute changed versions, usually with the limitation that this must be on a free-of-charge basis.

(3) As Formula Libre (historically Formule Libre), a category of motorsport which imposes only minimal safety rules and is otherwise unregulated.

(4) In historic use, a free (ie not enslaved) black person living in a territory under the administration of the French or Spanish-colonial empires, the use most institutionalized in New Orleans.

1700s: From the French or Spanish libre (at liberty, free; clear, free, vacant; free, without obligation), from the Latin līber (free; unrestricted (and related to librum (book)), from the Old Latin loeber, from the Proto-Italic louðeros, from the primitive Indo-European hlewderos, from hlewd- (people).  Etymologists speculate the currency the word attained in the English-speaking world was initially due more to influence from Spanish than French, the word in more common use in the former.  The specific (though sometimes misleading) sense in software dates from the late twentieth century, more precise terms such as “open source”, “freeware”, “crippleware” & “freemium” actually more helpful.  Libre is a noun, verb and adjective.  Variations appear in many European languages (apart from those which directly borrowed libre) including the Alemannic German liiber, the Romanian liber and the thirteenth century Old Galician and Old Portuguese livre (in which libre co-existed).  Because of the influence of Spanish colonialism, libre appears often in Filipino dialectical use where it has tended to replace the older gratis (free).

Libre was a popular element in many in French formations encapsulating concepts, some of which were adopted in English although that tendency has now faded.  The phrases include un homme libre (literally “a free man” but used idiomatically in the sense of “an unmarried man”), la voie est libre (the way is clear), temps libre (free time), libre arbiter (free will), amour libre (free love (in the sense of the eradication of restrictive sexual mores) libre-échange (free trade), association libre (free association), à l'air libre (uncovered; in the open air (a pre-modern medical dogma which advocated not bandaging wounds), libre comme l'air (free as the air, synonymous with “free as a bird”)), nage libre (the freestyle stroke is swimming) & papier libre (a masculine noun for a piece of stationery not stamped or franked (ie without letterhead); it’s unrelated to newspapers etc distributed for free or without censorship).  There were also constructions of Spanish origin including aire libre (the outdoors, fresh air), barra libre (open bar (ie no limit), comercio libre (free trade). libre de culpa (off the hook, ie blameless”), libremente (to do something in an unrestrained manner), radical libre (free radical in the technical sense from chemistry), saque libre (the free kick in football), tiempo libre (free time), libérrimo (most free, the superlative degree of libre) & libertad (a degree of freedom; latitude, leeway).

Two constructs were adopted in English and added to the technical jargon of English.  The morphème libre in grammar indicates that which may be unattached from another morpheme (the smallest meaningful element in a text string).  Vers libre (free verse, ie in poetry, lines of varying lengths) was borrowed by English circa 1870.  Originally, the adoption reflected the technical meaning which was referenced against the French alexandrin (alexandrine), a syllabic poetic meter of twelve syllables (there were occasional deviations) with a medial caesura dividing the line into two hemistichs (half-lines), each of six syllables.  The structure, the origins of which can be traced to the twelfth century, was dominant in French poetry from the seventeen to the nineteenth centuries, encouraging a host of imitators around the continent and in the English-speaking world.  However, what were claimed to be the implications of free verse attracted the modernists who produced work which was derided by many critics (professional and otherwise) as “no verse” and thus, whatever the discernible structure, not exactly poetry and certainly not vers libre.  Free verse works which however, which tended either to ignore or parody the tradition of rhyme, did become a genre which endures to this day and among literary theorists, there’s long been the argument that in not relying on formalism (the technical constraint of rhyme) works needed to be more adventurous and imaginative, the focus on meaning rather than structure.  Divisions between the schools of poetry, although barely noticed by most of the population, continue to this day.

Formula Libre

Formula libre is the informal description of a motorsport category which, in its pure form, imposes no regulations other safety standards and to permit competition between vehicles which can be configured to widely different specifications, events are often conducted on some sort of handicap basis.  The philosophy of formula libre is the antithesis of that of motorsport’s governing body, the Fédération Internationale de l'Automobile (FIA, the International Automobile Federation) which began in the early twentieth century with the admirable aim of encouraging competition in the quest for speed but, beginning in the 1960s, began to develop an obsession with slowing things down.  The reasons for this have been debated and, whether related or not to the change in emphasis, the FIA in recent decades has morphed into a vast bureaucracy dedicated to (1) imposing category rules which make cars as uninteresting as possible, (2) imposing conditions which require event organizers to pay for increasing numbers of FIA staff to do things at the events and (3) find reasons why fees have to be paid to the FIA.  There may be some competition but the FIA are now probably world sport's dopiest regulatory body.

Motor racing in a recognizable form began in France in the 1880s, soon evolving from races between villages into formally organized events and by early the next century, was established as a popular spectator event, run sometimes on public roads (usually but not always closed to other traffic!) and increasingly, on circuits built expressly for the purpose, these have the advantage of being fenced, thus permitting an entry fee to be charged for those wishing to watch.  The first race to be called a Grand Prix was held in France in 1906, conducted over two days on a road course in Le Mans, 65 miles (105 km) in length and the interest generated encouraged others; by the 1920s, Grand Prix were held in many countries although there was no linking championship, the rules varying from place to place, tweaked often to ensure the machines produced by local manufacturers might enjoy some advantage, a practice which long endured.

1929 Mercedes-Benz SSKL.

The FIA’s predessor, the Association Internationale des Automobile Clubs Reconnus (AIACR, the International Association of Recognized Automobile Clubs) began creating rules governing the categories in motorsport just before the outbreak of hostilities in 1914, specifying minimum & maximum weights, engine displacement and defining body types but it was in the inter-war years that the first attempts were made to impose universal rules.  The rules were created but many race organizers, seeking wider entry lists and more spectacular racing, often declined to adopt them, instead preferring the less restrictive “sports car” definition which attracted more manufacturers, including those not in a position to produce pure racing cars which conformed with the AIACR’s regulations.  Eventually, such was the resistance, the rules for Grand Prix racing were in 1928 abandoned and the era known as Formule Libre began, exemplified by the big Mercedes-Benz SSKL, the last of the road-cars used to win Grand Prix races but one which illustrated the limitations of the approach; the next generation would have to be pure race cars, a change which ushered in the age of regulation which lasts to this day.

1936 Auto-Union Type-C.  Not used on the circuits, the twin-rear tyres were fitted for hill climbs in a partially successful attempt to tame the handling quirks induced by mounting the 6.0 litre (366 cubic inch) V16 behind the driver.  Although a preview of the form open-wheel racing cars would begin to adopt in the late 1950s, the less adventurous Mercedes-Benz W125 with a front-mounted, 5.7 litre (346 cubic inch) straight-eight proved both more effective and easier to handle.

The structures of competition also become formalized.  The number of Grand Prix had risen from five in 1927 to eighteen by 1934 and a manufacturers’ world championship had actually been awarded in 1925 although it consisted only of the Indianapolis 500, the Grand Prix of Europe, France & Italy.  Interestingly, there was no drivers’ title and in Formula One, the FIA would not award the Constructors' Championship (initially the International Cup for Formula One Manufacturers) until 1958 although there had be an award for drivers since 1950, an evolution of the 1935-1939 European Drivers’ Championship, created with the agreement of the national federations.  The memorable racing of the era was governed by rules and even then, the AIACR reacted against the increasing speeds which had been thought not possible under the 750 KG (1653 lb) maximum weight rule, creating in 1938 two classes (1) 4.5 litre (275 cubic inch) displacement un-supercharged & 3.0 litre (183 cubic inch) supercharged and (2) a 1.5 litre (92 cubic inch) supercharged voiturette class (informally known as formula two (Formula 1, 2, 3 etc would not be codified until the post-war years, the first Formula One race held in Italy in 1946).

Juan Manuel Fangio (1911-1995), BRM V16, in Formule Libre events in England, 1953, Silverstone (left) & Goodwood (right).

Development of the big aero-engines used in World War II meant there had been enormous advances in forced induction and it was clear a 4.5 litre, naturally aspirated engine would be uncompetitive against a 3.0 litre supercharged unit so the FIA (the AIACR had in 1947 been reorganized and renamed) in 1949 announced the seven round Grand Prix World Championship for Formula One drivers would in 1950 be held for 1.5 litre supercharged and 4.5 litre un-supercharged cars.  However, a decline in the number of entries meant the championship was in 1952-1953 contested by Formula 2 cars which existed in greater numbers and this resurrected interest in Formule Libre; because dramatic machinery like the 4.5 litre Ferraris and the BRM V16 no longer had a championship to contest, they were instead entered in the handful of non-championship F1 races on offer and the more numerous Formule Libre events.  During the 1950s, the Formule Libre race, often the last of the weekend, was regarded by many spectators as the highlight, the machinery almost always the fastest at the event.

Allcomers, New Zealand, circa 1963, the Morrari leading a Corvette-powered Ford Zephyr Mk II.  Note the open-stack exhausts protruding from the Zephyr’s bonnet (hood), an efficient and weight-saving solution, especially useful when space is limited and one the FIA banned in Formula One.  Whenever the FIA killjoys see something innovative, their instinct is it should be banned.

In the decades since, Formule Libre (now usually spelled formula libre) has never really gone away, (despite the best efforts of the humorless clerks at the FIA), its spirit exemplified by the rule book for the Unlimited Division at the Pikes Peak International Hill Climb: (1) Must meet all safety specifications & (2) No other restrictions.  Pure formula libre thus and there have been competitions which went close such as the Canadian-American Challenge Cup (the Can-Am) for sports cars which specified only (1) Must meet all safety specifications, (2) enclosed wheels & (3) two seats.  Notable also was the “Allcomer” category adopted for New Zealand’s saloon car championship in the 1960s which was for unlimited displacement touring cars and accommodated machinery as diverse as a 1956 Ford Customline powered by a Galaxie 427 cubic inch (7.0 litre) V8 (thus dubbed the Custaxie) and, more improbably still, the Morarri, a hybrid made by placing a Morris Minor body atop a Ferrari 555 Super Squalo F1 chassis (#555/1), the improbably ensemble powered by a 327 cubic inch (5.3 litre) Chevrolet V8.  Many other bastard offspring were barely less extreme.  After 1967, the Allcomer Saloons were banned and the championship was run under the FIA’s Group 5 regulations and the category was well-supported but lacked some of the appeal of their wild predecessors so, in 1973, a locally concocted Schedule E was written which enabled the construction of things with something of the earlier flavor, proving things often go better without the FIA.

The formula libra concept has clearly attracted the interest of the Fédération internationale de notation (Fina, the International Swimming Federation) which recently announced a ban on the participation of transgender women from elite female competition if they have experienced “…any part of male puberty beyond Tanner Stage 2 or before age twelve, whichever is later."  Given the controversy, the announcement was not wholly unexpected and, although it sets Fina apart from federations affiliated with the IOC (International Olympic Committee), it won't be the only body to issue the sanction and already the International Rugby League (IRL) has imposed a similar ban.  As something of a workaround designed somehow to combine inclusion and exclusion in the one policy, Fina undertook to create a working group to design an “open” category for trans women in “some events” as part of its new policy.  Formula libra for women’s swimming therefore, a category in which women, trans- or cis-gender, could compete.  Fina’s president, Dr Husain al-Musallam (b 1960) insisted “Fina will always welcome every athlete (and) the creation of an open category will mean that everybody has the opportunity to compete at an elite level. This has not been done before, so Fina will need to lead the way.”  Whether a concept used for machines will be thought appropriate to apply to people remains to be seen.

The competing arguments (fairness in competition vs DEI (diversity, equity and inclusion)) can’t easily be resolved and the use of the formula libre concept hasn’t been well received by many, some trans activists suggesting it would be labelled a “freak show”.  The idea has before been floated, some genuinely interested in the maximum performance possible by the human body suggesting it might be interesting if a competition was established for athletes using performance-enhancing drugs.  Unsurprisingly, that went nowhere but nor is the “open class” idea new, the origin of competitive athletics in the modern age actually organized as a formula libre style, open class, some track events once scheduled on the basis of distance and anyone, male or female, was able to enter.  It was later that the women’s category was created as “protected class” so they might enjoy fair competition, something Fina claim is the basis of their exclusionary rule.

Both sides are now assembling, selectively perhaps, the scientific research which supports their respective positions and perhaps the most significant announcement was from the Fédération Internationale de Football Association (Fifa, the International Federation of Association Football) which confirmed it was reviewing its gender eligibility regulations.  Fifa issued a statement indicating they were consulting with “…many stakeholders… (and) should Fifa be asked to verify the eligibility of a player before the new regulations will be in place, any such case will be dealt with on a case‑by-case basis, taking into account Fifa’s clear commitment to respect for human rights.”  Such is the international influence of Fifa that it’s likely their position may become the default template for federations everywhere not anxious to make targets of themselves.