Voice

Voice (pronounced vois)

(1) The sound made by the vibration of the vocal cords, especially when modified by the resonant effect of the tongue and mouth; the sound or sounds uttered through the mouth of living creatures, especially of human beings in speaking, shouting, singing etc.

(2) The faculty or power of uttering sounds through the mouth by the controlled expulsion of air; speech.

(3) A range of such sounds to some extent distinctive to one person, or to a type of person or animal.

(4) The condition or effectiveness of the voice for speaking or singing (usually expressed in the phrases “in good voice” or “in poor voice” (although “in good voice” is also used sarcastically to refer to someone merely talkative or voluble).

(5) A sound likened to or resembling vocal utterance.

(6) Something likened to speech as conveying impressions to the mind (voice of the forest etc).

(7) Expression in spoken or written words, or by other means (to give voice); that which is communicated; message; meaning.

(8) The right to present and receive consideration of one's desires or opinions (usually in a political context, “the voice of the people” said to be expressed by voting in elections).

(9) An expressed opinion or choice (literally, electorally or behaviorally); an expressed will or desire, wish or injunction (“with one voice” meaning unanimous).

(10) The person or other agency through which something is expressed or revealed such as the notion of the Roman Catholic Pope being the “Vicar of Christ on Earth” and thus “The voice of God”.

(11) A warning that proved to be the voice of prophecy.

(12) In music, a substitute word which can apply to a singer, a voice part or that part of musical score which involves singing and (in harmony) an independent melodic line or parta fugue in five voices.

(13) In phonetics, the audible result of phonation and resonance; to pronounce with glottal vibration (and distinguished from the mere breath sounds heard in whispering and voiceless consonants).

(14) In grammar, a set of categories for which the verb is inflected in some languages (notably Latin) and which is typically used to indicate the relation of the verbal action to the subject as performer, under-goer, or beneficiary of its action; a particular way of inflecting or conjugating verbs, or a particular form of a verb, by means of which is indicated the relation of the subject of the verb to the action which the verb expresses.

(15) In grammar, a set of syntactic devices in some languages, as English, that is similar to this set in function; any of the categories of these sets (eg the English passive voice; the Greek middle voice).

(16) In the tuning of musical instruments, the finer regulation (expressed usually as intensity, color or shades of light), used especially of the piano and organ.

(17) To give utterance or expression to; declare; proclaim (“to voice one’s approval”, “to voice one’s discontent” etc).

(18) In sign languages, the interpretation into spoken language.

(19) In computers. of or relating to the use of human or synthesized speech (as voice to text, text to voice, voice-data entry; voice output, voice command etc).

(20) In telecommunications, of or relating to the transmission of speech or data over media designed for the transmission of speech (in classifications such as voice-grade channel, voice-data network, voice-activated, voice over internet protocol (VoIP) etc); in internet use, a flag associated with a user on a channel, determining whether or not they can send messages to the channel.

(21) A rumor; fame, renown; command precept; to vote; to elect; to appoint; to clamor; to cry out (all obsolete).

(22) In entertainment, to provide the voice for a character (as voice-over for purposes such as foreign translations).

(23) In literary theory (1) the role of the narrator, (2) as viewpoint, the position of the narrator in relation to their story & (3) the content of what is delivered behind a persona (mask), the most basic form of aesthetic distance.

1250–1300: From the Middle English noun voice, voys & vois (sound made by the human mouth), from the Anglo-French voiz, voys & voice or directly from the Old French voiz & vois (voice, speech; word, saying, rumor, report (which survives in Modern French as voix)), from the Latin vōcem (voice, sound, utterance, cry, call, speech, sentence, language, word (and accusative of vōx (voice)), from the primitive Indo-European wṓkws, root noun from wekw- (to utter, speak).  It was cognate with the Latin vocāre (to call), the Sanskrit वाच् (vāc) & vakti ((he) speaks), the Ancient Greek ὄψ (óps) (voice) & épos (word (and related to the later “epic”)) and the Persian آواز‎ (âvâz).  The Latin was the source also of the Italian voce and the Spanish voz. The Anglo-French borrowing displaced the native Middle English steven (voice), from the Old English stefn, from the Proto-Germanic stemno, from the primitive Indo-European stomen-.  The extension of use to mean "ability in a singer" dates from the early seventeenth century while the idea of "expression of feeling etc." (in reference to groups of people etc) was known as early as the late fourteenth century (and persists in uses such as the broadcaster “Voice of America”) The meaning "invisible spirit or force that directs or suggests, (used especially in the mental health community in the context of “voices in one's head” dates from 1911.  The verb was from the Middle English voysen & voicen, from the noun and emerged in the mid fifteenth century, initially in the sense of "to be commonly said" (familiar still in terms like “the Arab voice”) and from circa 1600s it was understood to mean "to express, give utterance to a feeling, opinion etc”.  From 1867 there was also the technical meaning "utter (a letter-sound) with the vocal cords", used often as voiced or voicing.  The spelling voyce is long obsolete.  Voice & voicer are nouns; voiced is a verb & adjective and voicing is a noun & verb; the noun plural is voices.

The noun voicemail (originally voice mail) dates from 1982 and was one of the bolt-ons to fixed-line telephony which was among the most popular features of the early cellular (mobile) phones but, interestingly, by the late 1990s users had come much to prefer SMS (short message service or text).  The adjective voiceless began in the 1530s as a doctor’s description of one who had “lost their voice” but within a century was used to refer to those who had no say in affairs of Church and state: The voiceless masses”.  It was first used in the sense of "unspoken, unuttered" to refer to non-verbal communication in 1816 and in phonology "unvoiced" dates from 1867.  In idiomatic use, the phrases include “at the top of one's voice”, chest voice, chipmunk voice. liking the sound of one's own voice, outdoor voice, raising one's voice, voice changer, voice coil, voiceprint & voice quality.  In formal grammar, there’s active voice, anti-passive voice, middle voice, neuter voice & passive voice.

The Australian Labor Party, the “Voice to Parliament” and the referendum process.

With great enthusiasm from one faction and a feeling of impending dread from the other, Australia’s brand new Labor Party (ALP) government has confirmed the election promise to submit to the people a referendum to append to the Constitution of Australia a “Voice to Parliament” for the indigenous peoples will be honored, the vote scheduled for the second half of 2023.  In Australia, even to submit a referendum is ambitious given that of the 44 submitted since 1901, only eight have been approved and the bar to success is high, demanding (1) an absolute majority of voters nationally and (2) a majority in at least four of the six states.

The “Voice to Parliament” does seem to be wholly symbolic given the consensus view among legal academics that it neither “confers upon Indigenous Australians any special rights” nor “takes away any right, power or privilege from anyone who is not indigenous”.  In other words, it will have the same constitutional effect as the words “…humbly relying on the blessing of Almighty God” have had since being enacted as part of the constitution in 1901: Nothing.  The view seems to be that the voice will provide “a strong basis on which to conduct further consultation”, the implication being the creation of a mechanism whereby there’s a standing institution of communication between the political elite and an indigenous elite.  So logical and efficient does that appear, it looks like one of the classic colonial fixes at which the British were so adept under the Raj.  In India they were the key to minimizing troubles while in Fiji they worked so well even the British administrators were astonished.  There, the Great Council of Chiefs, an institution entirely of the Raj’s imagination became so culturally entrenched that within a generation, the chiefs themselves were speaking of the council as if it had existed a thousand years.

2023 Toyota Land Cruiser Sahara ZX.

The ALP government has been at pains to ensure there’s nothing to frighten the horses, repeatedly confirming the voice will have “no veto power over the functions or powers of the parliament or the executive” and is limited to a purely advisory role in “making representations to the parliament and the executive government about matters, including existing or proposed laws, policies or decisions that have a connection to Aboriginal and Torres Strait Islander peoples.”  It also maintains the opportunity to make these representations will be “…available to any individual or organisation”.  That of course is unlikely to mean that all voices will be created equal and the government, like the Raj, will find the system most agreeable once it decides which are the Indigenous Australians whose representations prove most helpful and thus worthy of a salaried position, an expense account and a new Toyota Land Cruiser every year.  This will give the voice a coherent form and in a nice piece of political window-dressing, will likely include mostly (reasonably) tame “Brezhnev approved dissident” types there to protest just enough to seem edgy but not enough to forsake a salaried position, expense account and a new Toyota Land Cruiser every year.  Those who get ideas above their station will be offered a trip to New York to address the United Nations General Assembly or a six month "study tour" taking in Rome, Venice and Paris in the late spring; it will be a job for those "hard faced men and women who have done very well out of colonization".

The government has said “the ultimate model was still being debated by internal groups, and would be subject to negotiation” but given the need to create something which gives the appearance of being much yet has absolutely no constitutional effect, it difficult to see what the basis for discussion might be other than details about Toyota Land Cruisers.  Despite that, there is opposition, one source of which comes from within the ALP, certain figures convinced (and the history of referendums in Australia is not encouraging) it’s impossible to get a vote to pass unless both side of politics advocate a “yes” vote.  So sensitive has become the issue of race they fear a no vote would be damaging internationally so are lobbying to find some excuse to “delay” the vote, even arguing it would be better first to pursue a treaty, the theory being if the can is kicked far enough down the road, by the time the matter re-surfaces, they’ll be retired and it’s someone else’s problem.

The leader of the opposition has announced the Liberal Party will be advocating a “no” vote, something which has doomed every referendum submitted without bipartisan support.  The leader of the opposition didn’t articulate any coherent reason to oppose the voice but history suggests saying “no” when the government says “yes” can be a successful approach and Lord Randolph Churchill’s (1849-1895) dictum that “the duty of the opposition is to oppose” remains good politics.  Of interest too among those opposing the voice is their language: Eschewing the popular (if contested) phrase “first nations” to describe Indigenous Australians for “first peoples”, they are anxious to ensure that any notion of sovereignty can’t be part of the discussion although, given the indivisibility of the doctrine (as opposed to land title) under law, it’s hard to see how this could be part of the debate about the voice.  Perhaps they are fretting about negotiating treaties and perhaps they should.

Finally, there are the “black-letter lawyers” who, noting that judicial activism seemed to be fashionable on the bench of the High Court of Australia not that long ago, worry some judges might find in the words of “the voice” things which on the basis of the usual techniques of linguistic or judicial construction would seem not to exist.  The High Court is the final arbiter on constitutional matters; what a majority there says the words of the constitution mean is what they mean and while parliaments can by legislative change impose their will upon laws, the only way the wording of a passage in the constitution can be changed is to have substitute words approved by referendum; a probably improbable prospect.

Still, it’s difficult to advocate anything but a yes vote.  Since white settlement, Indigenous Australians have at times endured dispossession, discrimination, conditions which can be described only as slavery and not a few instances of mass murder and it’s absurd to suggest the level of disadvantage so many continue to suffer is not a consequence of this history.  What’s remarkable is not that among them there are expressions of discontent but that so many manage to maintain such generosity of spirit and willingness to engage.  The Voice may appear, as the Holy Alliance seemed to Lord Castlereagh (1769–1822; UK foreign secretary 1812-1822) “a piece of sublime mysticism and nonsense” but it’s worth remembering he anyway recommended Britain signed the thing on the basis that although too vague to achieve anything substantive, it was unlikely to make things worse.  Something good may come from the Voice while little good can come from rejecting it.

Lindsay Lohan in promotional interview for debut album Speak (2004, Casablanca Records-UMG).

Lindsay Lohan’s sometimes hoarse voice has attracted comment, some finding the gravelly tone sexy, others expressing concern the change might be lifestyle induced. The voices of actors and singers are after all their stock-in-trade so something so distinctive can limit the one’s range of characters or repertoire although notable artists such as Marlene Dietrich (1901–1992) and Marianne Faithfull (1946-2025) made a signature of what used to called a “gin-soaked voice”.  Still, Lindsay Lohan’s vocal dynamics piqued the interest of Dr Reena Gupta, Director of the Division of Voice and Laryngology at the Osborne Head & Neck Institute (OHNI) and she provided some explanatory notes, noting that while inherent for some, hoarseness can be a serious matter for those whose living depends on their voice, the condition sometimes reversible, sometimes not.  According to Dr Gupta, a clear voice requires (1) straight edges of the vocal cords, (2) regular and symmetric vibration of the vocal cords, (3) no space between the vocal cords, (4) no mucous on the vocal cords, healthy lungs and (5) a healthy vocal tract (and that includes the mouth, nose, sinuses etc).  Hoarseness occurs when there is damage to the vocal cords that either disrupts the straight edge of the vocal cords or disrupts their vibration, the other factors more important for ease of voice use and vocal tone.

Many injuries can cause the vocal edge to be irregular, thereby inducing hoarseness including polyps, cysts & nodules but even when the edges are straight, scarring can also dampen vibrations and make them irregular, scarred vocal cords having lost their ability to vibrate due to a loss of the vibrating layer and there is currently no cure for the loss of vibration due to scarring.  The scarring can happen for many reasons but is almost always caused by vocal trauma which can be induced by (1) talking loudly or frequent yelling, (2) singing with a flawed technique, (3) smoking (any substance) or (4) a chronic cough or habitual throat clearing.  Any behavior that causes inflammation of the vocal cords will result in a higher likelihood of scarring and a videostroboscopy is the only non-surgical procedure which can confirm the presence of scarring.  There’s nothing unusual or concerning about a hoarseness which lasts only a day or so but if it persists beyond that, a professional evaluation should be sought and many of the causes of are treatable, almost all able to be at least to some extent ameliorated.

Celebrity site ETOnLine.com in 2016 noted the “darkening” in Lindsay Lohan’s voice and posted examples of the variations.

However, prevention being better than cure, Dr Gupta provided the following guidelines for caring for one’s voice and there’s probably no other aspect of our physiology which, despite being so important, is so taken for granted:

(1) No smoking (that’s anything, including vaping).

(2) No heavy use of alcohol, though in moderation it’s OK.

(3) When in a loud environment (restaurants, clubs, parties, sporting events et al), restrict the use of the voice use to a minimum and resist the temptation to shout except in cases of life or death.

(4) Hydration is especially important when in a loud environment (always carry water).

(5) If the voice has been subject to loud or prolonged use, rest the vocal cords the next day.  Under extreme conditions (towards the end of epic-length Wagnerian opera, the voices of even the most skilled will sound a little ragged) there will always be some damage, just as many athletes will tear a few things in competition which is why the recovery protocols must be observed.

(6) If scheduled to need one’s voice in perfect shape, do not the previous evening go somewhere one may be required to shout.

(7) Avoid recreational drugs; their effects are always uncertain.

(8) Learn correct voice use.  Although actors & singers often undertake professional voice training for reasons of articulation and projection, they also learn techniques to ensure damage is minimized and a clinical vocal exam prior to these lessons is advisable to ensure that physically, all is well.

Ficelle

Ficelle (pronounced fis-elle or fis-elle-ah (French))

(1) A variant of baguette (a type of French bread), similar in composition and appearance except much thinner.

(2) String or twine (in French), used literally & figuratively.

(3) In literary theory, a confidant (a confidante if a female), whose role within the text is to elicit information, conveyed to the reader without narratorial intervention

1880s: From the French ficelle (string; twine), from the Old French ficel, & ficelle (small cord; thread), probably from the Vulgar Latin filicella, from fibrilla, a diminutive form of fibra (fiber; filament) from fīlum (thread).  The French phrase ficelles du metier (tricks of the trade) appears of the in the form apprendre les ficelles du metier which translates best as “to learn the ropes”.  The French verb ficeler translates as “to tie up, to truss”.  In French, as well as the literal meanings (of string and certain breads), ficelle also has figurative uses.  It can be used to refer to a subtle trick or stratagem but it’s most popular as an allusion to “string pulling”, suggesting “behind the scenes” manipulation or “back channel” deals.  In English, it evolved to enjoy two niches: (1) in literary theory and (2) in culinary and artisanal bakery use.  Ficelle is a noun & verb; the noun plural is ficelles.

In literary theory, a ficelle is the confidant character whose role within the text is to elicit information, conveyed to the reader without narratorial intervention.  The term was introduced by the author Henry James (1843–1916) who used the word in the sense it appeared in French théâtre de marionnettes (marionette theatre) to refer to the strings with which the puppeteer manipulated their puppets.  What James wanted was a word to inhabit the literary grey area between the confidant and the narrator, his idea being the character in a novel who is presented as the friend of another but whose purpose as a literary device was to be the “friend of the reader”, imparting vital information without the disruptive intervention of a narrator.

Cady Heron (Lindsay Lohan (b 1986)) & Karen Smith (Amanda Seyfried (b 1985)) in Mean Girls (2004),  Cady Heron was an unusual ficelle in that as the protagonist, she was also a confidante and narrator.

The society masseuse Mrs Heaney in the tragi-comedy of manners The Custom of the Country (1913) by US novelist & interior decorator Edith Wharton (1862–1937) was a ficelle.  Acting as a kind of mentor and even a surrogate mother to Ms Spragg, she uses her keen (but remote) observation of New York’s high society to live a kind of vicarious existence in those circles through the young protagonist, but Wharton’s literary purpose was to use her to flesh out the text with facts helpful to the reader’s understanding.  The classic ficelle however was James's own Maisie Farange in What Maisie Knew (1897) the naive but preternaturally wise child in whom the warring parents, step-parents and lovers casually confide, and through whose eyes the story is told.  There can be overlap in the literary roles of confidant, narrator and ficelle (Lindsay Lohan’s Cady Heron in Mean Girls (2004) has elements of all three) but according to literary theory (1) a ficelle usually is a confidant but must not be a narrator, (2) a confidant can be a narrator if not a ficelle.  In the literary tradition Cady Heron was an untypical protagonist in that most confidants have only a marginal role in the plot, their main function to listen to the intimate feelings and intentions of the protagonist; someone like Horatio in William Shakespeare’s (1564–1616) Hamlet (circa 1600) or the Sir Arthur Conan Doyle’s (1859–1930) Dr Watson who was the “sounding board” for Sherlock Holmes.

They heard, and were abash'd, and up they sprung (Book 1, line 331).  Illustration by French printmaker & illustrator Gustave Doré (1832–1883) from an 1866 edition of John Milton's (1608-1674) Paradise Lost (1667) edited by US journalist & historian Henry Walsh (1863–1927).

The narrator has a longer tradition and was one of the features of Greek theatre and both Plato (circa 427-348 BC) and Aristotle (384-322 BC) defined three types: (1) the speaker or poet (or any kind of writer) who uses his own voice, (2) one who assumes the voice of another person or persons, speaking in a voice not his own and (3) one who uses a mixture of his own voice and that of others.  In both drama and fiction there are countless examples of each technique but authors could combine the modes, all three appearing in John Milton’s Paradise Lost: Milton begins in his own voice in the first person to invoke the “Heavenly Muse” but later the impression is created that the Muse (ie the Holy Ghost or Holy Spirit) responds to Milton's formal invocation, thus beginning the main narrative.  When first Satan speaks, the third voice is introduced and it’s not until Book III Milton returns to his “own voice” although of course, as the author, all is Milton’s own.  TS Eliot (1888–1965) in his essay The Three Voices of Poetry (1954) interpreted the notion as it could be mapped onto modern verse: “The first voice is the voice of the poet talking to himself - or to nobody.  The second is the voice of the poet addressing an audience, whether large or small.  The third is the voice of the poet when he attempts to create a dramatic character speaking in verse when he is saying not what he would say in his own person, but only what he can say within the limits of one imaginary character addressing another imaginary character.”

La baguette et la ficelle. A ficelle (bottom) is more slender than a baguette (top) although in many parts of the English-speaking world the term "French stick" is used generically.  Some of what's sold as "French sticks" must appal French bakers.

Charles de Gaulle (1890-1970; President of France 1959-1969) in 1962 famously observed of his nation: “How can you govern a country which has two hundred and forty-six varieties of cheese?” and he’d probably be amused to learn that by 2024 some 1,600 distinct types had been identified.  There aren’t quite than many types of baguette but there are still a few including the “artisan baguette”, “moulded baguette”, “floured baguette”, “chocolate baguette”, “multicereal baguette”, “whole wheat baguette, “baguette a l’ancienne” (old-fashioned), “Viennoise baguette”, “Sourdough baguette”, “Baguette de Seigle”, “Baguette en épis” (corn baguette) and the “ficelle”.  The difference between the classic baguette of the popular imagination is essentially the size and shape.  A typical baguette is 610-710 mm (24-26 inches) in length with a slender, elongated shape, the crust crispy crust and the centre airy.  The ficelle is both narrower and shorter (usually around 300-400 mm (12-16 inches) long and renowned for its chewier texture and slightly thinner crust, characteristics which make it less versatile than a baguette but they are popular for making gourmet rolls or as an alternative to crackers when serving dips or spreads.  Something like the ficelle may genuinely have been the original form of the modern baguette but the name was adopted only late in the nineteenth century to distinguish them from the larger creations which had become popular; it was an allusion to a “piece of string”, the diminutive ficelle long and narrow by comparison with what had become the “standard” baguette.

Beware of imitations: The baguette de tradition française.

The origin of the baguette (as it's now understood) is truly a mystery and there are so many tales that it's recommended people choose to believe which ever most appeals to the.  In France, a true baguette (Baguette artisanale) is made from ingredients and with a method defined in law while the famous shape is a convention.  Typically, baguettes have a diameter between 50-75 mm (2-3 inches) and are some 610-710 mm (24-26 inches) in length although the 1 m (39 inch) baguette is not unusual, popular especially with the catering trade.  It’s a little misleading to suggest the baguette was invented because for centuries loaves in the shape existed in many places around the world and recipes for the mixing of dough were constantly subject to changes imposed by the success of harvests, economics, supply-chain disruptions and simple experimentation.  The baguette instead evolved and its popularity was a thing of natural selection; it survived because people preferred the taste, texture and convenience of form while other breads faded from use.  It seems clear that the long, stick-like direct ancestors of the baguette began to assume their recognizably modern form in French towns and cities in the eighteenth century although doubtless there was much variation between regions and probably even between bakers in the same place.  The daily bread being the classic market economy, bakers would be influenced by losing sales to a more popular shop and so would adjust their mixes or techniques to attract customers back.  In this way a standardized form would have emerged and, in the French way, by 1920 the assembly had passed a law codifying the critical parameters (weight, size and price), formalizing the popular name baguette.  In 2003, the jocular slang "freedom bread" emerged to describe the baguette, an allusion to the "Freedom Fries" which replaced "French Fries" in US government staff canteens while there was tension between the White House and the Élysée Palace over France's attitude to the proposed invasion of Iraq.   

Lindsay Lohan in promotion for @lilybakerjewels, 2020.  The Rainbow Baguette Ring (centre) using stones cut in a true “baguette” rectangle whereas the Rainbow Bracelet used squares.

Globalization and modern techniques of mass production however intruded on many aspects of French lives and bakeries weren’t immune from the challenge of the cheap “baguette” sold by supermarkets.  Even among the boulangerie (a French bakery in which the bread must, by law, be baked on-premises) there were some who resorted to less demanding methods of production to compete.  As a matter of cultural protection, the assembly in 1993 enacted Le Décret Pain (The Bread Decree) which stipulates that to be described as pain maison (homemade bread), a bread needs to be wholly kneaded, shaped, and baked at the place of sale.  To limit the scope of the supermarkets (some of which were importing frozen, pre-prepared dough), rules also defined what pain traditionnel français (traditional French bread) may be made from and banning any pre-made components from baguettes.  Also retained was the relevant provision of the 1920 labor legislation which prohibits the employment of people in bread and pastry making between ten in the evening and four in the morning.  So, when visiting a boulangerie, it’s recommended to ask for a baguette de tradition française (usually as baguette de tradition) which is made from wheat flour, water, yeast, and common salt (reflecting modern practice, one may contain up to 0.5% soya flour, up to 2% broad bean flour and up to 0.3% wheat malt flour) and the dough must rest between 15-20 hours at a temperature between 4-6^o C (43-46^o F).  The less exalted baguettes ordinaires, are made with baker's yeast and a less exacting specification.

The French Ministère de la Culture’s (Ministry of Culture) L'inventaire national du Patrimoine culturel immatériel (National Inventory of Intangible Cultural Heritage) in 2018 added the baguette to its index and in 2022, the artisanal know-how and culture of the baguette was added to UNESCO’s (the United Nations Educational, Scientific and Cultural Organization) list of Intangible Cultural Heritage.  Already preserving the information about some 600 traditions from more than 130 countries, UNESCO noted the addition by saying it celebrated the French way of life, something of which the baguette, as a central part of the French diet for at least 100 years, was emblematic.  With some 16 million consumed in France every day, the “…the baguette is a daily ritual, a structuring element of the meal, synonymous with sharing and conviviality", a statement from UNESCO read, concluding it was “…important that these skills and social habits continue to exist in the future."

Enshrine

Enshrine (pronounced en-shrahyn)

(1) To enclose (a sacred relic etc) in a shrine or chest.

(2) To cherish as sacred or venerated, someone, an idea or an institution.

(3) In statute or constitutional law, to protect (a concept, ideal, or philosophy) within a law or treaty.

(4) Figuratively, to make permanent.

1575–1585: The construct was en- + shrine.  The en- prefix was from the Middle English en- (en-, in-), from the Old French en- (also an-), from the Latin in- (in, into).  It was also an alteration of in-, from the Middle English in-, from the Old English in- (in, into), from the Proto-Germanic in (in).  Both the Latin & Germanic forms were from the primitive Indo-European en (in, into).  The intensive use of the Old French en- & an- was due to confluence with Frankish intensive prefix an- which was related to the Old English intensive prefix -on.  It formed a transitive verb whose meaning is to make the attached adjective (1) in, into, (2) on, onto or (3) covered.  It was used also to denote “caused” or as an intensifier.  The prefix em- was (and still is) used before certain consonants, notably the labials b and p.  Shrine ((1) a holy or sacred place dedicated to a specific deity, ancestor, hero, martyr, saint, or similar figure of awe and respect, at which said figure is venerated or worshipped, (2) a case, box, or receptacle, especially one in which are deposited sacred relics, as the bones of a saint & (3) figuratively a place or object hallowed from its history or associations) was from the Middle English shryne, from the Old English scrīn (reliquary, ark of the covenant), from the Medieval Latin scrīnium (reliquary (“case or chest for books or papers” in Classical Latin)) and ultimately from the primitive Indo-European sker & ker- (to turn, bend).  It was linked with the Old Norse skrín and the Old High German skrīni (which survives in Modern German as Schrein).  In the sixteenth century enshrine & inshrine were used in parallel, both in the sense of “enclose in or as in a shrine; deposit for safe-keeping”.  The (rare) alternative form inshrine is listed (like the verb enshrineth as obsolete for all but the odd ceremonial use in religious rituals.  Enshrine & enshrined are verbs, enshriner, enshrinee & enshrinement are nouns, enshrined is verb & adjective and enshrining is a verb.

Implausibly, the White House tries to suggest Joe Biden is "cool".

October 3 has become enshrined as Mean Girls Day which is good but the White House for the last two years (2023 (left) & 2022 (right)) has tweeted memes on the theme, apparently in an attempt to make Joe Biden (b 1942; US president since 2021) seem somehow relevant (al last to the early twentieth century).  On both occasions, the reaction has been such that one might hope it stops but the next Mean Girls Day falls a few weeks before the 2024 presidential election and if Mr Biden doesn’t die (God forbid) and really does again run, the temptation may be too great.

The Aboriginal and Torres Strait Islander Voice (TheVoice)

In October 2014, the Australian government submitted to the voters by means of referendum (the only way to modify the nation’s constitution):

A Proposed Law: To alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?

The insertion of the following chapter:

Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples.

Aboriginal and Torres Strait Islander Voice.

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;

The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

The “No” case assembled a number of arguments in opposition but one, although it seemed of fundamental importance, seemed to attract little comment and the “Yes” proponents made little attempt to refute its implications.  What the “No” case alleged, inter alia, was:

Putting a Voice in the Constitution means it’s permanent.  Enshrining in our Constitution a body for only one group of Australians means… once it is in the Constitution it won’t be undone.

In a literal sense that was of course almost certainly true but given the vagueness of the wording and the latitude afforded to the parliament in framing the parameters of “The Voice”, there seems no reason why things shouldn’t have gone the way of the Interstate Commission, a creature of Section 101 of the Constitution of Australia (1901):

There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

In terms of both legal theory and the usual constitutional practice the words “There shall be an Inter-State Commission” seem unambiguous but the Inter-State Commission wasn’t established until 1912 and became dormant after 1920 because the High Court of Australia (HCA) in 1915 has found the judicial powers granted to the commission by the parliament were invalid.  The bench held a “separation of powers” was implicit in the constitution which demanded judicial power be vested only in the judiciary and that on technical grounds the commission was not a judicial body.  Rendered therefore merely investigative and deliberative, the government allowed the commission to become defunct and it wasn’t revived until the 1980s and even then, after a brief existence as a stand-alone body, it was absorbed by what eventually became the Productivity Commission.

So, even had the words “There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice” had been enshrined in the Constitution, that alone would not seem to prevent a parliament at some point passing a law defining “The Voice” as one (suitably accommodative) indigenous person attached to the Department of Prime-Minister & Cabinet (PM&C) or just about any other model.  Because of the wording, it might be the High Court would have been generous in their view of who would have standing to challenge a model but the clause “The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures” would seem to offer little scope.  Lord Denning (1899-1999; English judge 1944-1982) himself would have struggled to find an “indigenous peoples’ equity” in all that.  Mere enshrinement of “The Voice” in the Constitution would not in itself have guaranteed any sort of legal or political dynamic because, as the tale of the Inter-State Commission demonstrated, words can be dead letters.

Sable

Sable (pronounced sey-buhl)

(1) An Old World, small, carnivorous, weasel-like mammal, Mustela zibellina, of cold regions in Eurasia and the North Pacific Islands, valued for its fur which exists in shades of brown.  They are solitary & arboreal, with a diet largely of eat small animals and eggs.

(2) A marten, especially the Mustela americana & Martes zibellina.

(3) The fur of the sable.

(4) A garment made from sable (as descriptor or modifier)

(5) An artist's brush made from the fur of the sable.

(6) A type of French biscuit of a sandy texture and made with butter, sugar, eggs & flour.

(7) The stage name of Rena Marlette-Lesnar (née Greek, formerly Mero; b 1968), a US model & actress, best known for her career (1996-1999 & 2003-2004) as a professional wrestler.

(8) The color black, especially when in heraldic use.

(9) The color of sable fur (a range from yellowish-brown to dark brown).

(10) A locality name in North America including (1) a cape at the southern Florida (the southern-most point of the continental US and (2) the southernmost point of Nova Scotia, Canada.

(11) In the plural (as sables), black garments worn in mourning.

(12) In literary use, dark-skinned; black (archaic when used of people but used still in other contexts).

(13) In figurative use, a “black” or “dark” mood; gloominess (now rare).

1275–1325: From the Middle English sable, saibel, sabil & sabille (a sable, pelt of a sable; (the color) black), from the Old French sable, martre sable & saibile (a sable, sable fur), from the Medieval Latin sabelum & sabellum (sable fur), from the Middle Low German sabel (the Middle Dutch was sabel and the late Old High German was zobel), from a Slavic or Baltic source and related to the Russian со́боль (sóbol), the Polish soból, the Czech sobol, the Lithuanian sàbalas and the Middle Persian smwl (samōr).  Sable is a noun & adjective; the noun plural is sables or sable.

The modern funeral: @edgylittlepieces take on the sable.  Their funeral dress included a mode in which it could be “tightened up to make it super modest for the funeral”, later to be “loosened back down for the after-party.”  The promotional clip attracted many comments, some of which indicated scepticism about whether funerals had “after-parties” but the wake is a long-established tradition.  Wake (in this context) was from the Middle English wake, from the Old English wacu (watch), from the Proto-Germanic wakō and wakes could be held before or after the funeral service, depending on local custom.  In James Joyce's (1882–1941) Finnegans Wake (1939), Tim Finnegan's wake occurs before the funeral service so the young lady would have “loosened” first before “tightening” into “super modest” mode for the ceremony.  “Modest” is of course a relative term and it's literature's loss Joyce never had the chance to write about this sable although how he'd have interpolated it into the narrative of Finnegans Wake is anyone's guess but fragments from the text such as “…woven of sighed sins and spun of the dulls of death…” and “…twisted and twined and turned among the crisscross, kisscross crooks and connivers, the curtaincloth of a crater let down, a sailor’s shroud of turfmantle round the pulpit...” lend a hint.

In Western culture black is of course the color of mourning so funeral garments came to be known as “sables” but the curious use of sable to mean “black” (in heraldry, for other purposes and in figurative use) when all known sables (as in the weasel-like mammal) have been shades of brown (albeit some a quite dark hue) attracted various theories including (1) the pelt of another animal with black fur might have been assumed to be a sable, (2) there may in some places at some time have been a practice of dying sable pelts black or (3) the origin of the word (as a color) may be from an unknown source.  It was used as an adjective from the late fourteenth century and in the same era came to be used as a term emblematic of mourning or grief, soon used collectively of black “mourning garments”.  In the late eighteenth century it was used of Africans and their descendants (ie “black”) although etymologists seem divided whether this was originally a “polite” form or one of “mock dignity”.

AdVintage's color chart (left) and a Crusader Fedora hat in True-Sable with 38mm wide, black-brown grosgrain ribbon, handcrafted from Portuguese felt (right).

The phrase “every cloud has a silver lining” was in general use by the early nineteenth century and is used to mean even situations which seem bad will have some positive aspect and thus a potential to improve.  That’s obviously not true and many are probably more persuaded by the derivative companion phrase coined by some unknown realist: “Every silver lining has a cloud” (ie every good situation has the potential to turn bad and likely will).  “Every cloud has a silver lining” dates from the seventeenth century and it entered popular use after the publication of John Milton’s (1608–1674) masque Comus (1634) in which the poet summoned the imagery of a dark & threatening cloud flowing at the edges with the moon’s reflected light of the moon, symbolizing hope in adversity:

I see ye visibly, and now believe
That he, the Supreme Good, to whom all things ill
Are but as slavish officers of vengeance,
Would send a glistering guardian, if need were
To keep my life and honor unassailed.
Was I deceived, or did a sable cloud
Turn forth her silver lining on the night?
I did not err; there does a sable cloud
Turn forth her silver lining on the night,
And casts a gleam over this tufted grove.

Who wore the sable-trimmed coat better?  The Luffwaffe's General Paul Conrath (1896–1979, left) with Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945, centre), Soviet Union, 1942 and Lindsay Lohan at New York Fashion Week, September 2024.  Given modern sensibilities, Ms Lohan's “sable” presumably was faux fur and appeared to be the coat's collar rather than a stole but the ensemble was anyway much admired.  Count Galeazzo Ciano (1903–1944; Italian foreign minister 1936-1944 wasn’t an impartial observer of anything German but he had a diarist’s eye and left a vivid description of the impression the Reichsmarschall made during his visit to Rome in 1942: “At the station, he wore a great sable coat, something between what motorists wore in 1906 and what a high grade prostitute wears to the opera.”  Ciano was the son-in-law of Benito Mussolini (1883-1945; Duce (leader) & prime-minister of Italy 1922-1943) who later ordered his execution, a power doubtlessly envied by many fathers-in-law.

1996 Mercury Sable.  The styling of the third generation Sable (and the Ford Taurus) was upon its release controversial and, unlike some other designs thought “ahead of their time”, few have warmed to it.  To many, when new, it looked like something which had been in an accident and was waiting to be repaired.

Over five generations (1986–1991; 1992–1995; 1996–1999; 2000–2005 & 2008–2009), the Ford Motor Company (FoMoCo) produced the Mercury Sable, a companion (and substantially “badge-engineered”) version of the Ford Taurus (discontinued in the US in 2016 but still available in certain overseas markets).  Dreary and boring the FWD (front wheel drive) Taurus & Sable may have been but they were well-developed and appropriate to the needs of the market so proved a great success.  The Mercury brand had been introduced in 1939 to enable the corporation better to service the “medium-priced” market, its approach until then constrained by the large gap (in pricing & perception) between Fords and Lincolns; at the time, General Motors’ (GM) “mid-range” offerings (ie LaSalle, Buick, Oldsmobile & Pontiac (which sat between Chevrolet & Cadillac)) collectively held almost a quarter of the US market.  Given the structure of the industry (limited product ranges per brand) at the time it was a logical approach and one which immediately was successful although almost simultaneously, Ford added the up-market “Ford De Luxe” while Lincoln introduced the “Lincoln Zephyr” at a price around a third what was charged for the traditional Lincoln range.  It was a harbinger of what was to come in later decades when product differentiation became difficult to maintain as Ford increasingly impinged on Mercury’s nominal territory.  After years of decline, Ford took the opportunity offered by the GFC (Global Financial Crisis, 2008-2011) and in 2010 closed-down the Mercury brand.

Midler v. Ford Motor Co., 849 F.2d 460 (Ninth Circuit Federal Courts of Appeal, 1988)

Apart from the odd highlight like the early Cougars (1967-1970), Mercury is now little remembered and the Sable definitely forgotten but it does live on as a footnote in legal history which, since the rise of AI (Artificial Intelligence), has been revisited because of the advertising campaign which accompanied the Sable’s launch in 1996.  The case in which the Sable featured dates from 1988 and was about the protectibility (at law) of the voice of a public figure (however defined) and the right of an individual to prevent commercial exploitation of their “unique and distinctive sound” without consent.  FoMoCo and its advertising agency (Young & Rubicam Inc (Y&R)) in 1985 aired a series of 30 & 60 second television commercials (in what the agency called “The Yuppie Campaign”, the rationale of which was to evoke in the minds of the target market (30 something urban professionals in a certain income bracket) memories of their hopefully happy days at university some fifteen years earlier.  To achieve the effect, a number of popular songs of the 1970s were used for the commercials and in some cases the original artists licenced the material but ten declined to be involved so Y&R hired “sound-alikes” who re-recorded the material.  One who rejected Y&R’s offer was the singer Bette Midler (b 1945).

Sable (the stage name of Rena Marlette-Lesnar (née Greek, formerly Mero; b 1968)); promotional photograph issued by WWE (World Wrestling Entertainment) to which she was contracted.

Y&R had from the copyright holder secured a licence to use the song, Do You Want to Dance which Ms Midler had interpreted on her debut album The Divine Miss M (1972) and neither her name nor an image of her appeared in the commercial.  Y&R’s use of the song was under the terms of settled law; the case hung on whether Ms Midler had the right to protect her voice from commercial exploitation by means of imitation.  At trial, the district court described the defendants' conduct as that “...of the average thief...” (“If we can't buy it, we'll take it”) but held there was no precedent establishing a legal principle preventing imitation of Midler's voice and thus gave summary judgment for the defendants.  Ms Midler appealed.

Years before, a federal court had held the First Amendment (free speech) to the US constitution operated with a wide latitude in protecting reproduction of likenesses or sounds, finding the “use of a person's identity” was central; if the purpose was found to be “informative or cultural”, then the use was immune from challenge but if it “serves no such function but merely exploits the individual portrayed, immunity will not be granted.”  Moreover, federal copyright law overlays such matters and the “...mere imitation of a recorded performance would not constitute a copyright infringement even where one performer deliberately sets out to simulate another's performance as exactly as possible.”  So Ms Midler’s claim was novel in that it was unrelated to the copyrighted material (the song), thus excluding consideration of federal copyright law.   At the time, it was understood a “voice is not copyrightable” and what she was seeking to protect was something more inherently personal than any work of authorship.  There had been vaguely similar cases but they had been about “unfair competition” in which people like voice-over artists were able to gain protection from others emulating in this commercial area a voice, the characteristics of which the plaintiffs claimed to have “invented” or “defined” (the courts never differentiated).

On appeal, the court reversed the original judgment, holding that it was not necessary to “…go so far as to hold that every imitation of a voice to advertise merchandise is actionable.  We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California.  Midler has made a showing, sufficient to defeat summary judgment, that the defendants here for their own profit in selling their product did appropriate part of her identity.”  What this established was an individual's voice can be as integral to their identity as their image or name and that is reflected in recent findings about AI-generated voices that mimic specific individuals; they too can infringe on similar rights if used without consent, particularly for commercial or deceptive purposes.  The “AI generated voice” cases will for some time continue to appear in many jurisdictions and it’s not impossible some existing (and long-standing) contracts might be declared void for unconscionability on the grounds terms which once “signed away in perpetuity” rights to use a voice will no longer enforced because the technological possibilities now available could not have been envisaged.