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

Wednesday, June 1, 2022

Vest

Vest (pronounced vest)

(1) A sleeveless, waist- or hip-length garment made of various materials, with a front opening usually secured by buttons, a zipper, or the like, worn over a shirt, blouse, dress, or other article for style or warmth:

(2) A part or trimming simulating the front of such a garment; vestee.

(3) A waist-length garment worn for protective purposes, now often in high-visibility (hi-viz) colors.

(4) As bulletproof vest, an outer garment worn by soldiers and others in security-related fields.

(5) Historically, a long garment resembling a cassock, worn by men in the time of Charles II (archaic except as an ecclesiastical vestment).

(6) To place or settle (something, especially property, rights, powers etc) in the possession or control of someone (usually followed by in).

(7) To invest or endow (a person, group, committee, etc.) with something, as powers, functions, or rights:

(8) In the sense of something becoming vested in a person or institution; a right.

(9) In common law jurisdictions, an absolute right to some present or future interest in something of value.  When a right has vested, the person is legally entitled to what has been promised and may seek relief in court if the benefit is not given.

1375–1425: From the late Middle English vest (to put in possession of a person), from the Old French vestir (to clothe; get dressed), from the Medieval Latin vestire (to put into possession, to invest), from vestire (to clothe, dress, to adorn) and related to vestis (garment, clothing (and akin to wear)), from the primitive Indo-European wes-ti-, a suffixed form of wes- (to clothe), an extended form of the root eu- (to dress).  Vest & vested are nouns & verbs and vesting is a verb & adjective; the noun plural is vests.

The noun developed from the verb in the sense of a "loose, sleeveless outer garment" (worn by men in Eastern countries or in ancient times) dates from the 1610s, from the French seventeenth century veste (a vest, jacket), from the Italian vesta & veste (robe, gown), from the Latin vestis from vestire.  In England, the sleeveless garment worn by men beneath the coat was introduced by Charles II (1630-1685; King of Scotland 1649-1651, King of England, Scotland and Ireland 1660-1685) in a bid to rein in men's attire at court, which had grown extravagant and decadent in the French mode, Samuel Pepys (1633-1703) noting in his diary on 8 October 1666:

The King hath yesterday, in Council, declared his resolution of setting a fashion for clothes (and) it will be a vest, I know not well how; but it is to teach the nobility thrift.

Louis XIV (1638–1715; le Roi Soleil (the Sun King), King of France 1643-1715) is said to have mocked the effort by putting his footmen in such vests and sending Charles a painting of them standing at court.  The past-participle adjective from the verb in the sense of "established, secured, settled, not in a state of contingency" dates from 1766.  The verb revest (clothe again (with or as with a garment)) developed with the verb and was from revesten, from the Old French revestir, from the Late Latin revestire (to clothe again), the construct being re- (back, again) + vestire (to clothe, dress, adorn).  The related forms were revested & revesting.

One movement, many agendas: The Gilets Jaunes, December 2018.

The yellow vests movement (mouvement des gilets jaunes) was a large but loosely structured protest movement with origins in France in mid-2018.  It began in May that year as an online petition on social media with mass demonstrations being staged on successive weekends in November and December.  The agenda was primarily one of economic justice although factions within the movement have different objectives, ranging from tax reform to a revolutionary overthrow of the state.  Yellow vests were chosen as a symbol for the wholly practical reason French law requires motorists to have them in their vehicles so they were cheap, distinctive and widely available.  In other countries, protest movements with similar grievances also adopted yellow vests (often called "hi-vis" (high-visibility) but none seem yet to have achieved critical mass.

Lindsay Lohan in white puffer down vest with furry hood , black leggings and Ugg boots leaving XXI Forever, Salt Lake City, Utah, November 2013.

Although the economic pressures had existed for some time, it was the policies of the newly elected President Emmanuel Macron (b 1977; President of France since 2017) which inspired action.  Although of bourgeois origin, a few months in the Élysée Palace mixing with the rich convinced Le Président he was one of the aristocracy and accordingly followed the advice of his new friends that France’s problem was the working class spending their disposable income on fast-food, tobacco & drink and it would be for their own good to tax them more so the money could be passed to the rich who would put it to better use.  In the Élysée, while there’s now a sense of much noblesse, there’s rather less oblige.  The protests forced Macron temporarily to retreat but even at the time this was thought a change in tactics, not strategy and few doubted the hostilities would resume as soon as the country began its peaceful co-existence with COVID-19, the mouvement des gilets jaunes making it clear it would respond to any attempt by the authorities to concoct spurious pandemic-related reasons to restrict protest.

Wednesday, December 15, 2021

Prerogative

Prerogative (pronounced pri-rog-uh-tiv)

(1) An exclusive right, privilege, etc., exercised by virtue of rank, office, or the like; having a hereditary or official right or privilege.

(2) A right, privilege, etc., limited to a specific person or to persons of a particular category.

(3) A power, immunity, or the like restricted to a sovereign government or its representative.

(4) Characterized by lawless state actions (refers to the prerogative state)

(5) Precedence (obsolete).

(6) A property, attribute or ability which gives one a superiority or advantage over others; an inherent advantage or privilege; a talent.

(7) In constitutional law, a right or power exclusive to a head of state (often derived from the original powers of a monarch) or their nominee exercising delegated authority, especially the powers to appoint or dismiss executive governments.

1350-1400: From the Anglo-Norman noun prerogatif, from the Old French prerogative, from the Latin praerogātīva (previous verdict; claim, privilege), noun use of the feminine singular of praerogātīvus (having first vote; privileged), in Anglo-Latin as prerogativa from late thirteenth century.  The origin lay in a statute in the civil law of Ancient Roman which granted precedence to the tribus, centuria (an assembly of one-hundred voters who, by lot, voted first in the Roman comita).  The law guaranteed them a praerogātīvus (chosen to vote first) derived from praerogere (ask before others).  The construct of praerogere was prae (before) + rogare (to ask, ask a favor), apparently a figurative use of a primitive Indo-European verb meaning literally "to stretch out (the hand)" from the root reg- (move in a straight line).  In Middle English, the meaning "an innate faculty or property which especially distinguishes someone or something" was added.  The alternative spelling prærogative is long obsolete.

The royal prerogative and the reserve powers of the crown

The royal prerogative is the body of customary authority, privilege, and immunity and the means by which (some of) the executive powers of government are exercised in the governance of the state.  These powers are recognized in common law and in a few civil law jurisdictions are held to vest wholly in the sovereign alone, even if exercised through either appointees (of which governors, governors-general & viceroys are the most-known) constitutional government.  In the narrowest sense of technical theory, the recognition of the personal powers of a sovereign exists in most common law systems where the concept is relevant but has long since mostly been reduced to legal fiction and. in most constitutional monarchies, almost all individual prerogatives have been abolished by parliaments.  Some republican heads of state also possess similar powers but they tend to be constitutionally defined and subject to checks and balances.  A notable exception to this is a US president’s un-trammeled right to grant pardons to those convicted of offences under federal law and that’s interesting because it’s the only power in the US Constitution not subject to a check or balance.  A US president thus personally continues to exercise a prerogative in a way a British monarch (or their appointees as governors & governors-general), from whom the power is derived, no longer can.

In Britain, prerogative powers were originally exercised by the monarch (at least in theory and the role of the Church needs also to be noted) acting alone but from after the Magna Carta (1215), there had to be sought the consent of others and this ultimately became parliamentary consent granted to an executive (exercising powers derived from the absolute authority of the monarch) responsible to the parliament.  This took centuries to evolve and eventually meant, in practical terms, the king got the money he needed for his wars and other ventures in exchange for the parliament getting his signature to pass the laws they wanted. 

In Australia, the royal prerogative is limited (but not defined) by the constitution and those powers which vest a monarch’s authority in a governor-general don’t alter the nature of the prerogative, only its detail; the prerogative is exercised by the governor-general but only on the advice of “their” ministers.  The most obvious exception to this is the reserve power of the monarch (and there are those who doubt whether this still exists in the UK) to dismiss a government enjoying the confidence of the lower house of parliament.  In the UK, it’s not been done since William IV (1765–1837; King of the United Kingdom 1830-1837) dismissed Lord Melbourne (1779–1848; Prime Minister of Great Britain 1834 & 1835–1841) in 1834 (some dispute that, saying it was more of a gentleman’s agreement and the last termination was actually that of Lord North (1732–1792; Prime Minister of Great Britain 1770-1782) by George III (1738–1820) King of Great Britain 1760-1820) in 1782) but Australia has seen two twentieth-century sackings; that in 1932 of NSW premier Jack Lang (1876–1975; Premier of New South Wales 1925-1927 & 1930-1932) by Governor Sir Philip Game (1876–1961; Governor of NSW 1930-1935) and, in 1975, when governor-general Sir John Kerr (1914–1991; Governor-General of Australia 1974-1977) sundered Gough Whitlam’s (1916–2014; Prime Minister of Australia 1972-1975) commission.

The 1975 business provoked much academic discussion of the reserve powers but the most lucid read remains Dr HV Evatt’s (1894–1965; ALP leader 1951-1960) book from decades earlier: The King and His Dominion Governors.   Evatt’s (1936) volume was published a hundred odd-years after William IV sacked Melbourne and is useful because in that century there had been more than a few disputes about reserve powers.  Evatt’s central point was that the powers exist but proper rules by which they may be exercised are by no means clear.  The legal power is vested in the governor as the representative of the monarch and when it may properly be used depends on usage and convention.  It seems therefore scarcely possible to say confidently of any case when the Crown has intervened that its intervention was or was not correct for the only standard of correctness in each episode is its consistency with episodes of a similar character, none of which in themselves lay down any principle in law.  Further, Evatt notes, in looking to precedent, support for almost any view can be found in the authorities.  Lofty theoretical purity is also not helpful.  The view the sovereign automatically acts in all matters in accordance with the advice of his ministers rests entirely upon assertion and, Evatt observed, the reserve powers are still, on occasion, properly exercisable and that the Sovereign or his representative may have to exercise a real discretion.  Given that, it really might be impossible that the prerogative could be codified in a document which envisages all possible political or other circumstances.  Evatt nevertheless argued the principles which should guide a sovereign should be defined and made clear by statute.

Nor is practical political reality all that much help, however satisfactory an outcome may prove.  What the exercise of the reserve powers, both in 1932 and 1975, did was enable impasses described, however erroneously as constitutional crises to be resolved by an election, rather than other means.  The result of an election however does not conclude the matter for the correctness of the sovereign's action is not measured by his success as a prophet, any post-facto endorsement by the electorate having not even an indirect bearing on the abstract question of constitutionality.

Dr HV Evatt in his office at the UN.  Although variously a high court judge, attorney-general, foreign minister, opposition leader and Chief Justice of NSW, all he asked for on his gravestone was President of the United Nations, noting his service as president of the general assembly (1948-1949).

Evatt’s core argument therefore is that reserve powers should be subject to the normal and natural process of analysis, definition and reduction to the rules of positive law, which, by 1936, had in some places been done.  Evatt considered section 33(10) of the Western Nigerian constitution which codified things thus: The Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support or a majority of the members of the House of Assembly.  Other sections went on to detail the mechanisms of the exercise of the power, thereby attempting to do exactly what Evatt suggests.  However, the Nigerian example is discussed by Evatt not in the abstract but because the exercise of the power under the constitution became a matter of dispute and the case proceeded though the courts, finally ending up before the Privy Council as Adegbenro v. Akintola (1963 AC 614), an indication even the most explicit codification can remain an imperfect solution.

Monday, August 7, 2023

Squint

Squint (pronounced skwint)

(1) To look with the eyes partly closed; partially to close the eyelids.

(2) In ophthalmology, to be afflicted strabismus (a condition of the eye consisting in non-coincidence of the optic axes); to be cross-eyed.

(3) To look or glance obliquely or sidewise; to look askance.

(4) To make or have an indirect reference to or bearing on; tend or incline toward (usually followed by toward, at etc).

(5) To be not quite straight, off-centred; to deviate from a true line; to run obliquely; askew, not level (as an intransitive verb in Scots English).

(6) In radio transmission, the angle by which the transmission-signal is offset from the normal of a phased array antenna.

(7) To cause to squint; cause to look obliquely.

(8) An act or instance of squinting.

(9) In informal use, a quick glance.

(10) An indirect reference; an inclination or tendency, especially an oblique or perverse one.

(11) In church architecture, a narrow oblique opening in a wall or pillar of a church to permit a view of the main altar from a side aisle or transept (also known as a hagioscope).

1350-1400: A variant of the earlier Middle English asquint, it was used first as an adverb in the sense of “with a squint; askant, the adjectival sense emerging in the 1570s and applied to the eyes, meaning “looking different ways; looking obliquely”.  The familiar modern meaning “looking indirectly, looking askance” dates from the 1610s.  The noun use (non-coincidence of the optic axes, permanent tendency to look obliquely) was a development from the adjective and came into use in the 1650s while the idea of a “sidelong glance” appeared a decade later.  Squint is a noun & verb, squinter & squintingness are nouns, squinty & squintless are adjectives, squinting is a noun & verb, squinted & squintest are verbs and squintingly is an adverb; the noun plural is squints.

Squint was not found in Middle English and the Middle English asquint has been traced to the early thirteenth century where it was used to mean “obliquely, with a sidelong glance” and is of uncertain origin although etymologists seem certain it was derived from some word related to or meaning “slope, slant, acute angle” although there are no surviving texts in which instances of use have survived.  This was also the French équinter (cut to a point) and the French dialectal esquintar & squintar (cast a glance, look furtively) and there may be a relationship but again, no documents exist to establish a link.  The Australian slang verb squiz was in use by at least 1916 (apparently with a civilian rather than military origin) and meant “to look at” (without any suggestion of it being “a quick look” and it may have been a portmanteau word, a blend of squi(nt) and (qui)z although the “quiz” part has never been explained and it may have the “z” was used just for the attractiveness of the sound.

Joe Biden with Ray-Ban Aviators (left) and without, squinting.

Joe Biden (b 1942; US president since 2021) is often photographed wearing a pair of Ray-Ban, gold-rimmed aviator sunglasses and they’ve become one of his signature accessories.  In less unhappy times he presented a custom pair of aviators to Vladimir Vladimirovich Putin (b 1952; president or prime minister of Russia since 1999) along with a crystal sculpture of an American bison, the US national mammal.  Gift giving between heads of governments is a centuries-old tradition and it’s not known what the US gave Imran Khan (b 1952; prime minister of Pakistan 2018-2022); those interested should probably check eBay.  When Mr Biden isn’t wearing his Ray-Bans, he’s often pictured squinting and there has been speculation about the reason for this: (1) his eyes could be highly sensitive to light, (2) he may suffer from a mild case of strabismus (an imbalance in the muscles controlling eye movement) or (3) he may have difficulty focusing on the teleprompter he needs to use because his cognitive decline has reached the point where he can no longer remember what he needs to say and he’s too old to learn how to sync his speech with the prompting his staff could provide through an earpiece.  His decline may accelerate and, if re-elected in 2024, he’ll be 86 when his term ends so there’s plenty of time for him to deteriorate to the point a clinician would pronounce senility.  Over the centuries, the world has had a few heads of state or government who variously have been (1) a bit vague, (2) senile or (3) barking mad but few of them have had their own nuclear arsenal.

Heads of state squinting: Kim Jong-un (Kim III, b 1982; Supreme Leader of DPRK (North Korea) since 2011, left) & Donald Trump (b 1946; US president 2017-2021, right).

A squint (the partial closing of the eyelids) differs from a stare which is fixedly to look at something or someone.  A less common use (probably obsolete except in literary or poetic use) was to vest something with being “very conspicuous on account of size, prominence, colour, or brilliancy; to stand out; to project; to bristle”.  One can squint while staring but stares can be anything from a squint to something wide-eyed.  Stare was from the From Middle English staren, from the Old English starian (to stare), from the Proto-West Germanic starēn, from the Proto-Germanic starjaną & starāną (to be fixed, be rigid), from the primitive Indo-European ster-.  It was cognate with the Dutch staren (to stare), the German starren (to stare) and the German starr (stiff).  The verb was from the Old English starian (to gaze steadily with the eyes wide open, look fixedly at, be wide-eyed (with madness, awe etc)”, from the Proto-Germanic staren (be rigid (the source also of the Old Norse stara, the Middle Low German & Middle Dutch staren, the Old High German staren  & starren (to stare at), the German starren (to stiffen) & starr (stiff), the Old Norse storr (proud), the Old High German storren (to stand out, project) and the Gothic and staurran (to be obstinate), from the primitive Indo-European root ster- (stiff).  In English, use of the word originally did not imply rudeness.  The phrase “to stare [someone] down dates from 1848 and the first known reference to a “staring contest” is from 1895.  In his memoir (Inside the Third Reich (1969), Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945) claimed that during a communal meal, he once won an informal “staring contest” with Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945), something which presumably be felt compelled to mention because so many of his contemporaries had in their memoirs and interviews commented on “Hitler’s hypnotic gaze”.

If looks could kill: Greta Thunberg (in pink) death-staring Donald Trump.

A frequently seen version of the stare is the so-called “death stare”, the idea being that one is looking at another with a hatred of such intensity it’s suspected one wishes them to die.  The idea of being able to “subject (someone) to the intimidating power of a stare" date from the 1670s and in popular culture, books have been written and films produced with a plotline involving someone able to doom another with nothing more than a stare.  Noted weather forecaster Greta Thunberg’s (b 2003) famous death stare directed at Donald Trump (b 1946; US president 2017-2021) during the United Nations (UN) climate change summit, New York, September 2019.  Those needing an illustration for a school project about the use of the phrase “If looks could kill” need look no further.  In response, Mr Trump tweeted: “She seems like a very happy young girl looking forward to a bright and wonderful future. So nice to see!  Ms Thunberg trumped Trump’s mockery by adding to her X (the app formerly known as Twitter) profile: “A very happy young girl looking forward to a bright and wonderful future.”

Crooked Hillary Clinton had many reasons to stare at her husband and quite a few were caught on camera.  Analysts suggest that while it's hard to judge, her stares may at times have verged on being "death stares".

Stare is etymologically unrelated to stair (one of or a series of steps; a staircase) which was from the Middle English steire, staire, stayre, stayer, steir, steyre & steyer, from the Old English stǣġer (stair, staircase), from the Proto-Germanic staigriz (stairs, scaffolding), from the primitive Indo-European steyg- (to walk, proceed, march, climb”).  It was cognate with the Dutch steiger (a stair, step, wharf, pier, scaffolding), the Middle Low German steiger & steir (scaffolding) and the German Low German Steiger (a scaffold; trestle).  It was related to the Old English āstǣġan (to ascend, go up, embark), the Old English stīġan (to go, move, reach; ascend, mount, go up, spring up, rise; scale) and the German Stiege (a flight of stairs).  Stairs are used by the Spanish to illustrate the meaning of the word “enigma”: “A fellow who, were one to meet him of the stairs, one couldn’t be sure if he was coming up or going down”.

A sideways glance from Lindsay Lohan, opening night of Club Lohan, Athens, Greene, October 2016.

In the context of human vision, it means briefly to look at something or someone and it has additional senses including (1) To cause light to gleam or sparkle and (2) literally and figuratively to induce something to move obliquely, the idea picked up in cricket to describe the stroke in which the batsman hits the ball with the bat held at a slant (the classic version being the “leg glance”).  The figurative use can extend from the use of the eyes to communicate feelings to making an incidental or passing reflection, often unfavourably, on a topic.  The significance of a glance is its briefness.  The verb was from the Late Middle English glenchen (of a blow: to strike obliquely, glance; of a person: to turn quickly aside, dodge), from the Old French glacier, glachier & glaichier (to slide; to slip (from which Middle English also gained glacen (of a blow: to strike obliquely, glance; to glide)), from glace (frozen water, ice), from the Vulgar Latin glacia, from the Latin glaciēs (ice), from the primitive Indo-European gel- (to be cold; to freeze).  The noun was derived from the verb and emerged circa 1500, used initially in the sense of “a sudden movement producing a flash” and the familiar modern meaning “a brief or hurried look” dates from the 1580s and this was probably influenced by the Middle English glenten (look askance).  The sideways glance is one effected “from the corner of the eyes”.  For evolutionary reasons, we signal meaning with a variety of non-verbal clues (the so-called “body language”) and usually, when looking at someone, one turns one head in their direction and so one’s glance will be straight ahead.  If one wishing to convey one is especially interested, one turns one’s whole body to face them.  A sideways glance differs in that it’s an indirect mode of engagement, the most negative form of which is said to be “looking sideways” at someone but most sideways glances are more indicative of being merely uninterested.

Sunday, November 27, 2022

Efflux & Afflux

Efflux (pronounced ef-luhks)

(1) Outward flow, as of water.

(2) Something that flows out; effluence.

(3) A passing or lapse of time.

(4) A passing away; expiration; ending.

(5) Death (obsolete).

1635–1645: From the Medieval Latin effluxus, noun use of past participle of effluere (to flow out), from effluō (flow out or away), the construct being ef- (an alternative form of ex- (out of; from) used when combined with f-initial words)) + fluc- (a variant stem of fluere (to flow) from fluō (flow) + -sus, (for -tus;suffix of action).  The synonyms (in the sense of “the process of flowing out”) include outflow, effluxion & effluence; the antonyms is influx (in the sense of “the process of flowing in”).  The present participle is effluxing, the simple past and past participle is effluxed and the plural is effluxes.

Afflux (pronounced af-luhks)

(1) Something that flows to or toward a point.

(2) The act of flowing to or toward; flow.

(3) In medicine, a flowing towards an area, especially of blood or other fluid toward a body part such as the brain or lung.

(4) In hydrology, the rise in water level (above normal) on the upstream side of a bridge or obstruction caused when the effective flow area at the obstruction is less than the natural width of the stream immediately upstream of the obstruction.

1605–1615: From the Medieval Latin affluxus (the flow of blood from the heart to part of the body), from afflūxum (supine of affluō (to flow towards)), noun use of past participle of affluere (present active infinitive of affluō), from fluxus (flux), from fluō (flow) + -tus (the action noun-forming suffix).  The most common related forms in Latin were affluĕre & affluxum.  The plural is affluxes.

The phrase “effluxion of time” is used often as a fancy way to say “the passing of time” but it has a specific technical meaning in law, most often seen in contracts such as leases.  When used in conveyances, leases and similar deeds, it indicates the conclusion or expiration of an agreed length of time specified in the deed or writing, such conclusion or expiration arising in the natural course of events, as opposed to the sundering of the term by the acts of (at least one of the) the parties or by some unexpected event.  This phrase can be used also to indicate the conclusion or expiration of an agreement in simple writing when the conclusion or expiration occurs through a natural course of events.

As nouns the difference between affluxion and effluxion is that affluxion is the act of flowing towards and effluxion the process of flowing out.  The distinction is an important one in the technical language of disciplines such as pathology, hydrology, medicine and others who deal with specifics of fluid dynamics but in the matter of time they should be interchangeable (and therefore one should be unnecessary).  Despite the suggestions of cosmologists, theoretical physicists and other specialists that other possibilities exist, lawyers insist time is lineal, flows in one direction and is, for all legal purposes, constant.  The phrase “effluxion of time” would therefore appear to cover all circumstances but “affluxion of time” does exist in the legal record.  It appears to be a North American variant, noted in at least three examples, two from a lease and a option plan, both apparently drafted in the US, the third appearing in a consulting agreement, executed in Canada. 

Notwithstanding anything herein contained, the Landlord shall be under no obligation to repair or maintain the Tenant’s installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed whether by the Tenant or by the Landlord on behalf of the Tenant; and further, notwithstanding anything herein contained, the Landlord shall have the right upon the termination of this Lease by affluxion of time or otherwise to require the Tenant to remove its installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by the Tenant or by the Landlord on behalf of the Tenant and to make good any damage caused to the Leased Premises by such installation or removal.

“Vested” shall mean, in relation to all or any part of the option, as appropriate, when any relevant condition (including, for the avoidance of doubt, the affluxion of time) has been satisfied, as confirmed by the Board of Directors (or, where relevant, waived) and “Vesting” and “Vest” shall be construed accordingly. For the avoidance of doubt, unless stated otherwise, any part of the option which Vests does not automatically become exercisable.

In the event this Agreement is terminated for any reason whatsoever, whether by affluxion of time or otherwise, the Consultant shall forthwith upon such termination return to the Corporation each and every copy of any Confidential Information (including all notes, records and documents pertaining thereto) in the possession or under the control of the Consultant at that time.

An analysis of the text does suggest it may have been a mistake, perhaps a transcription from dictation or a quirky spell-checker because substituting effluxion for affluxion seems not to affect meaning.  Those who found those three paragraphs a bit turgid can be assured things used to be worse and that as written, this text is a reasonable example of legal writing in “plain English”.

Lindsay Lohan's hair styles: Landmarks in the effluxion of time, 2002-2009.

Saturday, April 15, 2023

Suicide

Suicide (pronounced soo-uh-sahyd)

(1) The intentional taking of one's own life.

(2) By analogy, acts or behavior, which whether intentional or not, lead to the self-inflicted destruction of one's own interests or prospects.

(3) In automotive design, a slang term for rear doors hinged from the rear.

(4) In fast food advertising, a niche-market descriptor of high-calorie products deliberately or absurdly high in salt, sugar and fat.

(5) A trick in the game Diabolo where one of the sticks is released and allowed to rotate 360° round the diabolo until it is caught by the hand that released it.

(6) In Queensland (Australia) political history, as suicide squad, the collective name for the additional members of the Legislative Council (upper house) appointed in 1921 solely for the purpose of voting for its abolition.

(7) In sardonic military slang, as suicide mission, a description for an operation expected to suffer a very high casualty rate.

(8) A children's game of throwing a ball against a wall and at other players, who are eliminated by being struck.

(9) Pertaining to a suicide bombing, the companion terms being suicide belt & suicide vest.

(10) In electrical power, as "suicide cable (or cord, lead etc)", a power cord with male connections each end and used to inject power from a generator into a structing wiring system (highly dangerous if incorrectly used).

(11) In drug slang, the depressive period that typically occurs midweek (reputedly mostly on Tuesdays, following weekend drug use.

(12) In US slang, a beverage combining all available flavors at a soda fountain (known also as the "graveyard" or "swamp water".

(13) As "suicide runs" or "suicide sprints", a form of high-intensity sports training consisting of a series of sprints of increasing lengths, each followed immediately by a return to the start, with no pause between one and the next.

1651: From the New Latin  suīcīdium (killing of oneself), from suīcīda and thought probably of English origin, the construct being the Latin suī (genitive singular of reflexive pronunciation of se (one’s self)) from suus (one’s own) + cīdium (the suffix forms cīda & cide) from caedere (to kill).  The primitive European root was s(u)w-o (one's own) from the earlier s(w)and new coining displaced the native Old English selfcwalu (literally “self-slaughter”).  Suicide is a noun & verb, suicidal is a noun & adjective, suicider is a noun; the noun plural is suicides.  Pedantic scholars of Latin have never approved of the word because, technically, the construct could as well be translated as the killing of a sow but, in medieval times, purity had long deserted Latin and never existed in English.  The modern meaning dates from 1728; the term in the earlier Anglo Latin was the vaguely euphemistic felo-de-se (one guilty concerning himself).  It may be an urban myth but there was a story that a 1920s editor of the New York Times had a rule that anyone who died in a Stutz Bearcat would be granted a NYT obituary unless the death was a suicide.

Terry Richardson's (b 1965) suicide-themed shoot with Lindsay Lohan, 2012. 

The Legislative Council was the upper house of the state parliament in Queensland, Australia and a bastion of what might now be called the upper 1% of white privilege.  The Australian Labor Party (ALP) had long regarded the non-elected Legislative Council (and upper houses in general) as undemocratic and reactionary so in 1915, after securing a majority in the Legislative Assembly (the lower house) which permitted the party to form government, they sought abolition.  The Legislative Council predictably rejected the bills passed by the government in 1915 & 1916 and a referendum conducted in 1917 decisively was lost; undeterred, in 1920, the government requested the governor appoint sufficient additional ALP members to the chamber to provide an abolitionist majority.  In this, the ALP followed the example of the Liberal Party in the UK which in 1911 prevailed upon the king to appoint as many new peers as might be needed for their legislation to pass unimpeded through an otherwise unsympathetic House of Lords.  Ultimately, the king agreed but so shocking did the lords find the idea of their chamber being flooded with "jumped-up grocers" that they relented in their opposition.  In Queensland however, the new members of the Legislative Council duly took their places and on 26 October 1921, the upper house voted in favor of abolition, the new appointees known forever as "the suicide squad".  Despite the success, the trend didn't spread and the Commonwealth parliament and those of the other five states remain bicameral although the two recent creations, established when limited self-government was granted to the Northern Territory and Australian Capital Territory (ACT), both had unicameral assemblies.

Suicide doors

1928 Mercedes-Benz Nürburg (W08) with four rear-hinged doors.

It wasn’t until the 1950s the practice of hinging doors from the front became (almost) standardized.  Prior to that, they’d opened from the front or rear, some vehicles featuring both.  The rear-hinged doors became known as suicide doors because they were genuinely dangerous (in the pre-seat belt era), the physics of them opening while the car was at speed had the effect of dragging the passenger into the airstream.  Additionally, it was said they were more likely to injure people if struck by passing vehicles while being opened although the consequences of being struck by a car sound severe whatever the circumstances.

2021 Rolls-Royce Phantom VIII Tempus.

Still used in the 1960s by Lincoln, Ford and Rolls-Royce, they were phased out as post-Nader safety regulations began to be applied to automotive design and were thought extinct when the four door Ford Thunderbirds ceased production in 1971.  However, after being seen in a few design exercises over the decades, Rolls-Royce included them on the Phantom VII, introduced in 2003, the feature carried over to the Phantom VIII in 2017.  Like other manufacturers, Rolls-Royce has no fondness for the term suicide doors, preferring to call them coach doors; nomenclature from other marketing departments including flex doors and freestyle doors.  Engineers are less impressed by silly words, noting the correct term is rear-hinged and these days, mechanisms are included to ensure they can be opened only when the vehicle is at rest.  Encouraged by the reaction, Rolls-Royce brought back the rear-hinged door for their fixed (FHC) and drop-head (DHC) coupés although, despite the retro-touch, the factory seems now to call them simply coupés and convertibles.  

1971 Ford Thunderbird Landau.

In a nod to a shifting market, when the fifth generation Thunderbird was introduced in 1967, the four-door replaced the convertible which had been a staple of the line since 1955.  Probably the only car ever visually improved by a vinyl roof, the four-door was unique to the 1967-1971 generation, its replacement offered only as a coupé.  The decision effectively to reposition the model was taken to avoid a conflict with the new Mercury Cougar, the Thunderbird moving to the "personal coupé" segment which would become so popular.  So popular in fact that within a short time Ford would find space both for the Thunderbird and the Continental Mark III, changing tastes by the 1970s meaning the Cougar would also be positioned there along with a lower-priced Thunderbird derivative, the Elite.  Such was the demand for the personal coupé that one manufacturer successfully could support four models in the space, sometimes with over-lapping price-points depending on the options.

1966 Lincoln Continental convertible.

The combination of the suicide door, the four-door coachwork and perhaps even the association with the death of President Kennedy has long made the convertible a magnet for collectors but among American cars of the era, it is different in that although the drive-train is typical of the simple, robust engineering then used, it's packed also with what can be an intimidating array of electrical and hydraulic systems which require both expertise and equipment properly to maintain.  That need has kept a handful of specialists in business for decades, often rectifying the mistakes of others.  It was unique; after the even rarer Mercedes-Benz 300d Cabriolet D ceased production in 1962, Lincoln alone offered anything in the niche.  Introduced in 1961, the convertible was never a big seller, achieving not even four-thousand units in its best year and was discontinued after 1967, the two-door hardtop introduced the year before out-selling it by five to one.  The market had spoken; it would be the last convertible Lincoln ever produced.

Lincoln Continental concept, Los Angeles Motor Show, 2002.

Interest in the Lincoln Continental had been dwindling since the down-sizing of the early 1980s and the nameplate suffered a fourteen year hiatus between 2002-2016.  Unfortunately, the resuscitation used as its inspiration the concept car displayed at the 2015 New York International Auto Show rather than the one so admired at Los Angeles in 2002.  The LA concept might not have been original but was an elegant and balanced design, unlike what was offered in NYC fifteen years later: a dreary mash-up which looked something like a big Hyundai or a Chinese knock-off of a Maybach.  The public response was muted.

Lincoln Continental concept, New York Motor Show, 2015.

By 2019, it seemed clear the thing was on death-watch but Lincoln surprised the industry with a batch of eighty longer-wheelbase models with suicide doors to mark the eightieth anniversary of the Continental’s introduction in 1939.  Although there were cynics who suggested turning a US$72K car into one costing US$102K was likely aimed at the Chinese market where a higher price tag and more shiny stuff is thought synonymous with good taste, the anniversary models were sold only in the home market.

2019 Lincoln Continental Eightieth Anniversary Edition.

The retro gesture proved not enough.  After building a further one-hundred and fifty (non-commemorative) suicide door versions for 2020, it was announced production would end on 30 October 2020 and the Continental would not be replaced.  Not only was the announcement expected but so was the reaction; the market having long lost interest in the uninspiring twenty-first century Continentals, few expressed regret.  The name-plate however, one of the most storied in the Ford cupboard, will doubtless one day return.  What it will look like is unpredictable but few expect it will match the elegance of what was done in the 1960s.

Evelyn McHale: The most beautiful suicide.

The photograph remembered as “the most beautiful suicide” was taken by photography student Robert Wiles (1909-1991), some four minutes after the victim's death.  Evelyn Francis McHale (1923–1947) was a bookkeeper who threw herself to her death from the 86th-floor observation deck of New York's Empire State Building, landing on a Cadillac limousine attached to the General Assembly of the United Nations (UN) which was parked on 34th street, some 200 feet (60 m) west of Fifth Ave.  The police would later find he last note which read: “I don’t want anyone in or out of my family to see any part of me. Could you destroy my body by cremation?  I beg of you and my family – don’t have any service for me or remembrance for me.  My fiance asked me to marry him in June.  I don’t think I would make a good wife for anybody. He is much better off without me.  Tell my father, I have too many of my mother’s tendencies.”  It's reported her mother suffered from “an undiagnosed and untreated depression”.