Void

Void (pronounced void)

(1) In law, having no legal force or effect; not legally binding or enforceable.

(2) Useless; ineffectual; vain; devoid; destitute (usually followed by of).

(3) Without contents; empty.

(4) Without an incumbent, as an office.

(5) In mathematics, of a set: empty.

(6) In card games, having no cards in a suit.

(7) An empty space or one with a sense of emptiness.

(8) Something experienced as a loss or privation:

(9) A gap or opening, as in a wall.

(10) A vacancy; vacuum.

(11) In typography, inside area of a character of type, such as the inside of an O.

(12) To make ineffectual; invalidate; nullify.

(13) To empty; discharge; evacuate.

(14) To depart from; to vacate (archaic).

(15) In computer programming, a function or method that does not return a value.

(16) In architecture, a differentiated treatment of space.

1250–1300: The adjectival form was from the Middle English voide & voyde, from the Anglo-French & Old French voide, voit, vuide, & vuit (source also of the Modern French vide), from the unattested Vulgar Latin vocīta & vocita, feminine of vocītus & vocitus, an unattested and dissimilated variant of the Latin vacīvus, vacuus & vocīvus, (empty) from vacāre (to be empty).  The verb was from the Middle English voiden, from the Anglo-French voider, from the Old French, from the unattested Vulgar Latin vocitāre, derivative of the unattested vocītus & vocitus, noun derivative of the adjective.  Root was the primitive Indo-European wak-, an extended form of the root eue- (to leave, abandon, give out).

Void circa 1300 was first a verb (to clear some place of something) with the meaning "to deprive (something) of legal validity" attested from the early fourteenth century.  The adjectival sense evolved in parallel with the verb, again circa 1300, the meaning "unoccupied, vacant" soon extending to "empty, vast, wide, hollow, waste, uncultivated, fallow" and as a noun, "opening, hole; loss".  The meaning "lacking or wanting (something)” is recorded from the early 1400s while "legally invalid, without legal efficacy" is attested from the mid fifteenth century.  The adjective voidable is from the late fifteenth century 15c; the sense of an "unfilled space, gap" dates from the 1610s and the meaning "absolute empty space, vacuum" is from 1727.  Voider and voidness are both derived nouns.

In diplomacy

In fourteenth century Europe, French was the most widely-spoken language and in 1539, the court of Francis I (1494–1547; King of France 1515-1547) declared French to be the official language of government.  It was in this era that diplomacy began to assume a recognizably modern form with an increasingly consistent use of titles, conventions and institutions.  From this position of cultural hegemony, French emerged as the language of diplomacy, a position enhanced as the European colonial empires expanded.  It wouldn’t be until well into the twentieth century, under mostly US influence, that English began first to run in parallel as a language of diplomacy and later to assume primacy, English and French being the first two official languages of the United Nations (UN).  However, the linguistic legacy endures in the handbooks of diplomacy which include the standardized titles and phrases of the profession.  One phrase still used is that when one diplomat refuses to accept a message from another, returning the envelope to the sender marked nul et non avenue (literally “null and void”), creating the diplomatic fiction the envelope was unopened and the message thus unread, thereby relieving both parties of the need to pursue the unpleasantness.

In architecture

Once reduced, in architecture there’s only form and space but it’s helpful to imagine some space as part of the form so there’s thus form, space and void, void being a space defined by the form and theorists layer this further by distinguishing between voids cognitive and functional.  Cognitive voids are those created for emotional and perceptional impact, a kind of (usually static) visual effect whereas functional voids fulfil a technical requirement, typically ventilation or the movement of people.  Theorists tend to classify cognitive voids in the language of art: conceptual, perceptual, or sculptural while the functional are grouped by traditional terms from architecture: as entrance, courtyard, circulation et al.  In the analysis of the theorists, cognitive voids exist either as transparent or permeable spaces, the former most used to create perceptual effects, the latter for the visual.

Functional void: Grand Central Terminal (the official abbreviation is GCT although the popular form is "Grand Central Station" (often clipped to "Grand Central")), Midtown Manhattan, New York City, 1929.

Unfortunately, the clerestories which once shone no longer shine.  Because of more recent development in the surrounding space, the sunlight no longer enters the CCT's void through the clerestoried windows is such an eye-catching way (left).  In modern skyscrapers, light-shafts or atriums can extend hundreds of feet to ensure what sunlight is available can be captured; there's now often little at ground level.  When the a scene from the Lindsay Lohan film Just my Luck (2006) (right) was shot in the GCT, it was in a dimmer ambiance.  

Quash

Quash (pronounced kwosh)

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

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

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

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

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

In the matter of Cardinal Pell

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

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

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

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

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

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

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

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

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

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

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

Atomism

Atomism (pronounced at-uh-miz-uhm)

(1) In philosophy, an ancient theory, developed by Democritus and expounded by Lucretius, that the ultimate constituents of all matter in the universe are atoms which are minute, discrete, finite, and indivisible elements; also called atomic theory.

(2) In psychology, a method or theory that reduces all psychological phenomena to simple elements; that experiences and mental states are composed of elementary units.

(3) Within the sciences, any of a number of theories that hold that some objects or phenomena can be explained as constructed out of a small number of distinct types of simple indivisible entities; any theory that holds that an understanding of the parts is logically prior to an understanding of the whole.  These theories can be grouped under the rubric of reductionism

1670–1680: The construct was atom + -ism.  Atom was from the Middle English attome from the Middle French athome, from the Latin atomus (smallest particle), from the Ancient Greek ἄτομον & ἄτομος (átomos & átomon) (indivisible; uncuttable), the construct being ἀ- (a-) (not) +‎ τέμνω (témnō) (I cut).  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).

Many English nouns to which -ism is attached are loans from Ancient Greek (mostly via Latin and French).  In Late Latin, the -ismus suffix became the ordinary ending for names of religions and ecclesiastical or philosophical systems, a trend continued in Medieval Latin and from the sixteenth century, such formations became common in English although, until the eighteenth century, the use was usually restricted to either root words from Ancient Greek & Latin or proper names.   By the nineteenth century, the creation of “isms” began to expand and by the twentieth, coinages took no account of previous rules and conventions.  Atomism & atomist are nouns, atomistic & atomistical are adjectives and atomistically is an adverb; the noun plural is atoms.

Atoms and voids

Atomism was a philosophical theory which suggested the universe consisted of indivisible, minute particles known as atoms and the idea was ancient, the first known writings on the matter those of the Ancient Greek philosopher Leucippus who was born during the fifth century BC but it was his better-known pupil Democritus (circa 460-370 BC) who developed and systematized the ideas.  What emerged was the theory that the two diametrically opposed constituents of the universe are indivisible entities: the void and the atom.  Democritus regarded a void as being literally nothing whereas atoms were matter and intrinsically unchangeable; an atom moving about in the void and sometimes combining into clusters although, being separated by the void, they cannot fuse, but instead bounce off one another when they collide.  It was the origin of the understanding that in the material world, objects are transitory because they change as their constituent atoms shift or become detached; matter cannot be created or destroyed, it can only be transformed into something else.  To the philosopher, it meant everything we experience in the universe is doomed; it’s a question just of when it ends and how.  That’s sometimes expressed as “nothing lasts forever” and in a practical sense that’s correct but what was left unanswered (though not unexplored) was (1) whether the atoms survived no matter what and (2) whether the voids remained or became transformed into a singularity with an undetermined future.

Helpfully for some, the atomists’ postulation of the indivisible atom also provided a solution to one of the paradoxes of Zeno of Elea (circa 495–430 BC): that if magnitudes can be divided to infinity, it becomes impossible for movement to happen because the object would have to traverse an infinite number of spaces in a finite time.  If an atom is the point at which division is impossible, the dilemma, which admittedly occurs only in Philosophy 101 classes, dissolves.  Other problems however persisted because there was nothing to disprove the proposition an atom could infinitely be divided into progressively smaller parts and obviously such a process could be described mathematically, numbers extending infinitely in each direction from what would come to be called zero.

Atomism: Atomic Kitten, EMI promotional poster, 1999.

The notion all matter is composed of tiny, indivisible (and indestructible) particles called atoms (from a Greek form meaning “indivisible” or “uncuttable” endured well in both Western and Eastern traditions although there were those who resisted and clung to the model of continuous matter, something which would have seemed compelling obvious based on observation.  What the thinkers from Antiquity left however was something speculative and, given the technology of the time, wholly unsupported by empirical evidence but with the advances which followed the Enlightenment, there was renewed interest in what was at the time known variously as “modern” or “revival” atomism and the first structured theories emerged in the early 1800s.  Indeed, the diagrams and explanations which became widely available early in the twentieth century really made the atomic structure understandable (at least conceptually) even to those with no background which was fine until the shock of quantum mechanics, papers and discussions about which began to circulate in the 1920s.  Quite a jump in the understanding of atoms and sub-atomic particles, quantum theory did not describe atoms as solid, billiard ball-like objects but rather as probabilistic entities with wave-like properties, the most challenging implication of that being that such a thing could simultaneously be in two places (points in space) at the same time (points in time).  For those brought up on the neat little diagrams of the atom, it was quite a challenge to visualize those two points in space being possibly on opposite sides of the universe.

Unconscionable

Unconscionable (pronounced un-kno-shon-ible)

(1) Not guided by conscience; unscrupulous.

(2) Not in accordance with what is just or reasonable:

(3) Excessive; extortionate, imprudent or unreasonable

1560s: The construct was un- + conscionable.  The un- prefix was from the Middle English un-, from the Old English un-, from the Proto-West Germanic un-, from the Proto-Germanic un-, from the primitive Indo-European n̥-.  It was cognate with the Scots un- & on-, the North Frisian ün-, the Saterland Frisian uun-, the West Frisian ûn- &  on-, the Dutch on-, the Low German un- & on-, the German un-, the Danish u-, the Swedish o-, the Norwegian u- and the Icelandic ó-.  It was (distantly) related to the Latin in- and the Ancient Greek ἀ- (a-), source of the English a-, the Modern Greek α- (a-) and the Sanskrit अ- (a-).  Conscionable was from the Middle English conscions (the third-person singular simple present indicative form of conscion), an obsolete variant of conscience, +‎ -able.  The suffix -able was from the Middle English -able, from the Old French -able, from the Latin -ābilis (capable or worthy of being acted upon), from the primitive Indo-European i-stem forms -dahli- or -dahlom (instrumental suffix); it was used to create adjectives.  Conscience was from the Middle English conscience, from the Old French conscience, from the Latin conscientia (knowledge within oneself), from consciens, present participle of conscire (to know, to be conscious (of wrong)), the construct being com- (together) + scire (to know).  The suffix -able was from the Middle English -able, from the Old French -able, from the Latin -ābilis (capable or worthy of being acted upon), from the primitive Indo-European i-stem forms -dahli- of -dahlom (instrumental suffix); it was used to create adjectives.  Unconscionable is an adjedtive, unconscionableness is a noun and unconscionably is an adverb; the noun plural is unconscionabilities.

Like disgruntled, unconscionable is one of those strange words in English where the derivation has flourished while the source word is effective extinct.  That said, English is defined and constructed by being used and the word conscionable (in accordance with conscience; defensible; proper) remains good English; it has merely faded from use and is described by some dictionaries as obsolete, archaic or at least, since the eighteenth century, a fossilized form of its surviving negative: unconscionable. Conscionable in the 1540s meant "having a conscience", the meaning expanding by the 1580s to refer to actions "consonant with right or duty" and by the 1640s to persons, "governed by conscience".  The Oxford English Dictionary (OED) notes both conscious & conscioned were probably popular formations from conscion, taken as a singular of conscien-ce by a misapprehension of the "s" sound as a plural inflection. The related form was (and is) conscionably.

Unconscionability in the law

Unconscionability is a legal doctrine (most often applied in contact law) which permits courts to strike-out or write-down clauses or agreements which are unduly harsh or so grossly unfair that that it would offend legal principles for them to be enforced.  When a court uses the word "unconscionable" to describe conduct, it means the conduct does not conform to the dictates of conscience as defined in law; it makes no judgment about whether they are at variance with other ethical constructs (although there will often be overlap).  In addition, when something is judged unconscionable, a court will refuse to allow the perpetrator of the conduct to benefit.  If need be, entire contracts can be set-aside or declared void, even if they are otherwise constructed wholly in conformity with the rules of contract.  A contract therefore can be found to be "legal" yet still be voided because it's held to be unconscionable in the same way a contract (for example an agreement between two parties in which one is paid to murder a third part can be held to be a "legal contract" yet be declared  "void for illegality".

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.  

Unconscionability is determined by examining the circumstances of the parties when the contract was made; these circumstances may include the bargaining power, age, and mental capacity of the parties and the doctrine is applied only where it would be an affront to the integrity of the judicial system to enforce a contracts.  At law, as in moral theology, the concept of unconscionability is probably absolute; something is either unconscionable or not.  However, cases are considered on their merits and the circumstances in which the unconscionable arose might color the detail of a judge’s verdict.

Portrait of King Charles II in his Garter robes (circa 1667), oil on canvas by Sir Peter Lely (1618-80).

The Most Noble Order of the Garter, an order of chivalry and the senior order of knighthood in the UK’s honors system, was founded by Edward III (1312–1377; King of England 1327-1377).  Appointments are exclusively in the gift of the sovereign and limited to two dozen living members (apart from royal appointees).  The Garter was of great significance to Charles II (1630–1685; King of Scotland 1649-1651, King of Scotland, England and Ireland 1660-1685) as it had been his father, Charles I (1600–1649; King of England, Scotland & Ireland 1625-1649) who awarded it as something symbolic of the binding tie with his favored aristocrats.  For Charles II, as the only dignity he was able to confer upon his adherents while in exile during the interregnum (1649-1660), it was a potent symbol, proof the King still retained the mystique and the power of monarchy.  Charles II suffered a sudden apoplectic fit on the morning of 2 February 1685 and his doctors expected him to have the decency to die within the hour.  Instead he lingered another four days before expiring and just before, he apologised to those around him, his last words being: “You must pardon me, gentlemen, for being a most unconscionable time a-dying.”  In this, as in many other things, he was unlike his father Charles I, who died suddenly, executed by having his head cut off.

Homologate

Homologate (pronounced huh-mol-uh-geyt or hoh-mol-uh-geyt)

(1) To approve; confirm or ratify.

(2) To register (a specific model of machine (usually a car), engine or other component) in either general production or in the requisite number to make it eligible for racing competition(s).

(3) To approve or ratify a deed or contract, especially one found to be defective; to confirm a proceeding or other procedure (both mostly used in Scottish contract law).

1644: From the Latin homologāt (agreed) & homologātus, past participle of homologāre (to agree) from the Ancient Greek homologeîn (to agree to, to allow, confess) from homologos (agreeing), the construct being homo- (from the Ancient Greek ὁμός (homós) (same) + legein (to speak).  Homologate, homologated and homologating are verbs, homologation is a noun.

Once often used to mean “agree or confirm”, homologate is now a niche word, restricted almost wholly to compliance with minimum production numbers, set by the regulatory bodies of motorsport, to permit use in sanctioned competition; the words "accredit, affirm, approbate, authorize, certify, confirm, endorse, ratify, sanction, warrant & validate etc" are otherwise used for the purpose of agreeing or confirming.  It exists however still in Scottish law as a legal device, used (now rarely) retrospectively to declare valid an otherwise defective contract.  The best known application was to validate contracts of marriage where some technical defect in the legal solemnities had rendered the union void.  In such cases case a court could hold the marriage “. . . to be homologated by the subsequent marriage of the parties”.  It was a typically Scottish, common-sense application of the law, designed originally to avoid children being declared bastards (at a time which such a label attracted adverse consequences for all involved), vaguely analogous with a “contract by acquiescence” from contract law though not all were pleased: one dour Scottish bishop complained in 1715 that homologate was a "hard word".

Case studies in homologation

1962 Ferrari GTO

In 1962, fearing the effectiveness of Jaguar’s new XKE (E-Type) which looked faster even than it was, Ferrari created a lighter, more powerful version of their 250 GT, naming the new car 250 GTO (Gran Turismo Omologato (Grand Touring Homologated)).  The regulatory body, the Fédération Internationale de l'Automobile (FIA) required a production run of at least one-hundred for a car to be homologated for the Group 3 Grand Touring Car class but Ferrari built only 33, 36 or 39 (depending on how one treats the variations and 36 is most quoted) 250 GTOs, thus encouraging the myth the car violated the rules.  However, as was acknowledged at the time, the FIA regarded the 250 GTO as a legitimate development the 250 GT Berlinetta SWB (Short wheelbase), homologation papers for which had been first issued in 1960 with variations, including the GTO, approved between 1961-1964.  They’re now a prized item, one selling in 2018 for a world-record US$70 million which makes it the second most expensive car ever sold, the sum exceeded only by the US$142 million paid in 2022 for one of the two Mercedes-Benz 300 SLR Uhlenhaut gull-wing coupés.

1965 Ferrari 250 LM

The FIA’s legislative largess didn’t extend to Ferrari’s next development for GT racing, the 250 LM. The view of il Commendatore was the 250 LM was an evolution as linked to the 250 GT’s 1960 homologation papers as had been the 250 GTO and thus deserved another certificate of extension.  This was too much for the FIA which pointed out 250 LM (1) was mid rather than front-engined, (2) used a wholly different body and (3) used a different frame and suspension.  Neither party budged so the 250 LM could run only in the prototype class until 1966 when it gained homologation as a Group 4 Sports Car.  Although less competitive against the true prototypes, it’s speed and reliability was enough for a private entry to win the 1965 24 Hours of Le Mans, a Ferrari’s last victory in the race until 2023.   One quirk of the 250 LM was that when the FIA ruled against its homologation, the point of retaining the 3.0 litre displacement became irrelevant and most 250 LMs used a 3.3 litre engine and when fitted with the enlarged power-plant, under Ferrari’s naming convention, the thing properly should have been called a 275 LM.  

1969 Porsche 917

In 1969, needing to build twenty-five 917s to be granted homologation, Porsche did... sort of.  When the FIA inspectors turned up to tick the boxes, they found the promised twenty-five cars but most were in pieces.  Despite assurances there existed more than enough parts to bolt together enough to qualify, the FIA, now less trusting, refused to sign off, despite Porsche pointing out that if they assembled them all, they'd then just have to take them apart to prepare them for the track.  The FIA conceded the point but still refused to sign-off.  Less than a month later, probably nobody at the FIA believed Porsche when they rang back saying twenty-five completed 917s were ready for inspection but the team dutifully re-visited the factory.  There they found the twenty-five, lined-up in a row.  The FIA delegation granted homologation, declining the offer of twenty-five test-drives.

1969 Dodge Daytona (red) & 1970 Plymouth Road Runner Superbird (blue).

By the mid 1950s, various NASCAR (National Association for Stock Car Auto Racing) competitions had become wildly popular and the factories (sometimes in secret) provided support for the racers.  This had started modestly enough with the supply of parts and technical support but so tied up with prestige did success become that soon some manufacturers established racing departments and, officially and not, ran teams or provided so much financial support some effectively were factory operations.  NASCAR had begun as a "stock" car operation in the literal sense that the first cars used were "showroom stock" with only minimal modifications.  That didn't last long, cheating was soon rife and in the interests of spectacle (ie higher speeds), certain "performance enhancements" were permitted although the rules were always intended to maintain the original spirit of using cars which were "close" to what was in the showroom.  The cheating didn't stop although the teams became more adept in its practice.  One Dodge typified the way manufactures used the homologation rule to effectively game the system.  The homologation rules (having to build and sell a minimum number of a certain model in that specification) had been intended to restrict the use of cars to “volume production” models available to the general public but in 1956 Dodge did a special run of what it called the D-500 (an allusion to the number built to be “legal”).  Finding a loophole in the interpretation of the word “option” the D-500 appeared in the showrooms with a 260-hp V8 and crossed-flag “500” emblems on the hoods (bonnet) and trunk (boot) lids, the model’s Dodge’s high-performance offering for the season.  However there was also the D-500-1 (or DASH-1) option, which made the car essentially a race-ready vehicle and one available as a two-door sedan, hardtop or convertible (the different bodies to ensure eligibility in NASCAR’s various competitions).  The D-500-1 was thought to produce around 285 hp from its special twin-four-barrel-carbureted version of the 315 cubic inch (5.2 litre) but more significant was the inclusion of heavy-duty suspension and braking components.  It was a successful endeavour and triggered both an arms race between the manufacturers and the ongoing battle with the NASCAR regulators who did not wish to see their series transformed into something conested only by specialized racing cars which bore only a superficial resemblance to the “showroom stock”.  By the 2020s, it’s obvious NASCAR surrendered to the inevitable but for decades, the battle raged.

1970 Plymouth Superbird (left) and 1969 Dodge Daytona (right) by Stephen Barlow on DeviantArt.  Despite the visual similarities, the aerodynamic enhancements  differed between the two, the Plymouth's nose-cone less pointed, the rear wing higher and with a greater rake.  

By 1969 the NASCAR  regulators had fine-tuned their rules restricting engine power and mandating a minimum weight so manufacturers resorted to the then less policed field of aerodynamics, ushering what came to be known as the aero-cars.  Dodge made some modifications to their Charger which smoothed the air-flow, labelling it the Charger 500 in a nod to the NASCAR homologation rules which demanded 500 identical models for eligibility.  However, unlike the quite modest modifications which proved so successful for Ford’s Torino Talladega and Mercury’s Cyclone Spoiler, the 500 remained aerodynamically inferior and production ceased after 392 were built.  Dodge solved the problem of the missing 108 needed for homologation purposes by introducing a different "Charger 500" which was just a trim level and nothing to do with competition but, honor apparently satisfied on both sides, NASCAR turned the same blind eye they used when it became clear Ford probably had bent the rules a bit with the Talladega.  Not discouraged by the aerodynamic setback, Dodge recruited engineers from Chrysler's aerospace & missile division (which was being shuttered because the Nixon-era détente had just started and the US & USSR were beginning their arms-reduction programmes) and quickly created the Daytona, adding to the 500 a protruding nosecone and high wing at the rear.  Successful on the track, this time the required 500 really were built, 503 coming of the line.  NASCAR responded by again moving the goalposts, requiring manufacturers to build at least one example of each vehicle for each of their dealers before homologation would be granted, something which typically would demand a run well into four figures.  Plymouth duly complied and for 1970 about 2000 Superbirds (NASCAR acknowledging 1920 although Chrysler insists there were 1,935) were delivered to dealers, an expensive exercise given they were said to be invoiced at below cost.  Now more unhappy than ever, NASCAR lawyered-up and drafted rules rendering the aero-cars uncompetitive and their brief era ended.  So extreme in appearance were the cars they proved at the time sometimes hard to sell and some were actually converted back to the standard specification to get them out of the showroom.  Views changed over time and they're now much sought by collectors, the record price the US$1.43 million realized in January 2023 at a Mecum auction in the pleasingly named Kissimmee, Florida.  That car was an exceptional example, one of only 70 built with the 426 cubic inch (7.0 litre) Street Hemi V8 and one of the 22 of those with the four-speed manual transmission.

1969 Ford Mustang Boss 429

NASCAR could however be helpful, scratching the back of those who scratched theirs.  For the Torino and Cyclone, Ford was allowed to homologate their Boss 429 engine in a Mustang, a model not used in stock car racing.  Actually, NASCAR had been more helpful still, acceding to Ford's request to increase the displacement limit from 427 to 430 cubic inches, just to accommodate the Boss 429.  There was a nice symmetry to that because in 1964, Ford had been responsible for the imposition of the 427 limit, set after NASCAR became aware the company had taken a car fitted with a 483 cubic inch engine to the Bonneville salt flats and set a number of international speed records.  The car used on the salt flats was one which NASCAR had banned from its ovals after it was found blatantly in violation of homologation rules so there was unlikely to be much leeway offered there.

1971 Ford Falcon GTHO Phase III

Australian manufacturers were (mostly) honest in their homologation programmes, Ford’s GTHO, Chrysler’s R/T Charger and Holden’s L34 and A9X were produced in accordance both with the claimed volumes and technical specification.  However, they weren't always so punctilious.  Ford's RPO83 (Regular Production Option #83) was a run of XA Falcon GTs completed late in 1973 which included many of the special parts intended for the aborted GTHO Phase IV and although, on paper, that seemed to make the things eligible for use in competition, it transpired the actual specification of various RPO83 cars wasn't consistent and didn't always match the nominal parts list.  History has been generous however and generally it's conceded that in aggregate, the parts subject to the homologation rules appear to have been produced in the requisite number.  By some accounts, this included counting the four-wheel disk brakes used on the luxury Landau hardtops but CAMS (the Confederation of Australian Motor Sport, at the time the regulatory body) was in the mood to be accommodating.

No homologation issues: Between 1938-2003, Volkswagen produced 21,529,464 Beetles (officially the VW Type 1).    

Signature

Signature (pronounced sig-nuh-cher or sig-nuh-choor)

(1) A person's name, or a mark representing it, as signed personally or by deputy, as in subscribing a letter or other document.

(2) The act of signing a document.

(3) In music, a sign or set of signs at the beginning of a staff to indicate the key or the time of a piece.

(4) In broadcasting, a song, musical arrangement, sound effect, etc., used as a theme identifying a program.

(5) Any unique, distinguishing aspect, feature, or mark.

(6) In computing, as digital signature, any one of a number of attempts to create a mechanism whereby a digital object can have the same unique identifying characteristic as a physical signature in ink; in cryptography, data attached to a message certifying the message originated from its claimed source; in email and some other variations of communication, test, images or other objects collectively appended usually at the end of a message, analogous with a traditional signature on a letter.

(7) In digital forensic analysis, as digital signature, a term used to refer to any collection of characteristics which can be used as an identifier of origin, intent etc;

(8) The part of a prescription for pharmaceuticals instructing the patient the frequency and quantity in which a drug should be administered (US only).

(9) As an adjective, something intended to be emblematic of an institution or individual (signature dish signature cocktail, signature scent etc).

(10) In printing, a sheet of paper printed with several pages that upon folding will become a section or sections of a book; such a sheet so folded.

(11) In mathematics, a tuple specifying the sign of coefficients in any diagonal form of a quadratic form.

(12) In medicine, a resemblance between the external character of a disease and those of some physical agent (obsolete).

1525-1535: From the Old & Middle French signature, from the Medieval Latin signātura, future active periphrastic of the verb signāre (to sign), the construct being signum (sign), + -tura, feminine of -turus, the future active periphrastic suffix.  The first use with a link to English appears to have been as a kind of document defined in Scottish law.  The Medieval Latin signatura, was, in Classical Latin a rescript (the matrix of a seal).  The meaning "one's own name written in one's own hand" is from 1570s, which replaced the early-fifteenth century “sign-manual” in this sense.  The use in musical notation in which composers used "signs placed it the beginning of a staff to indicate the key and rhythm" was noted first in 1806.  Signature began to be used in the generalized sense of "a distinguishing mark of any kind" as early as the 1620s.

Non est factum

Historically, in contract law a signature was binding on the party who signed and obliged the performance of the specific terms of the contract.  Even if someone could prove they signed because of their own misunderstandings or in an act of carelessness even to the point of gross negligence, courts would still usually enforce the contract but a notable exception was the doctrine of non est factum.  Translated literally from the Latin as "it is not my deed", it’s available as a defense where a person has been induced to sign something in circumstances where the contents of what was signed differ fundamentally from what the person was led to believe.  Where a plea is upheld, the court can set aside the contract (void ab initio).  Special circumstances must exist for the defense to succeed: it does not cover a claim where someone either misunderstood or failed to read the terms and conditions.

An octuple of Lindsay Lohan signatures on Lohanic merchandise. 

It’s novel in that it differs from other aspects of contract law such as the provisions which permit judges to strike-out particular clauses or even entire contracts if their enforcement is held to be “unconscionable”.  Non est factum is available even where terms and conditions can be reasonable such as the sale of a property for fair value; it hinges instead on the state of mind of the signee and the circumstances under which a signature was induced.  Typically, courts are most sympathetic to “innocent victims”, those who through no fault of their own (those illiterate, deaf, blind or suffering some other relevant incapacity) could not understand the document they were signing and relied upon another for advice.  Such is the reverence in contract law for the sanctity of the signature, a heavy evidential onus of proof is laid upon a claimant for non est factum to succeed; it’s a rare and exceptional defense.

The signature dish

Noted chefs and great restaurants often have signature dishes, not necessarily unique to them but something with which they’re famously associated.  Countries and regions also have signature dishes, sometimes advertised and promoted and sometimes just a link which develops over time.  There can even be disputes if the origin of something is thought a source of pride; there are factions in both Australia and New Zealand which lay claim to the pavlova. 

Minnesota Hotdish.

Despite the name, the concept of the Minnesota’s signature hotdish didn’t originate there and, with variations, is popular across the Upper Midwest region of the United States.  As a dish, such is the simplicity in preparation and adaptability in content that something recognizably close has probably been a feature of human cuisine for as long as the technical means of production has been available.  Anything of the hotdish type contains usually a starch, a meat, canned or frozen vegetables with canned soup as the binding agent; cooked in the one flat dish, it’s served heated.  The distinguishing characteristic of the classic Minnesota hotdish is the use of mushroom soup but beyond that, there’s much variation, inventiveness encouraged by the many hotdish completions in the region.  As well as the traditional beef base, tuna, turkey and chicken are used, pasta is often replaced by rice or potatoes and vegetarian versions have appeared.  The critical aspect seems to be the texture, while a Minnesota hotdish won’t entirely maintain the shape when sliced, it should have sufficient integrity for the potatoes or breadcrumbs to stay atop and not sink into the mix.

Hubert Humphrey, Cardinal Terence Cooke (1921–1983; Archbishop of New York 1968-1983) President Lyndon Johnson (LBJ, 1908–1973; US president 1963-1969) & Richard Nixon, twenty-third Alfred E Smith dinner, New York, 16 October 1968.  Cardinal Cooke was a less controversial figure than his predecessor (Cardinal Francis Spellman (1889–1967; prelate of the US Catholic Church & Archbishop of New York 1939-1967)).

Hubert Horatio Humphrey (1911–1978) served as a senator for Minnesota (1949-1964 & 1971-1978) and as US vice president (1965-1969).  He was the Democrat Party’s nominee for president in 1968, his candidature something of a rush-job after LBJ's abrupt decision not to seek re-election.  As part of the 1968 campaign, his wife’s Minnesota hotdish recipe was published, unusual today in that it didn’t include the potato gems which usually now sit atop the concoction.  Mrs Humphrey’s culinary campaign contribution wasn’t decisive, her husband, although running Republican Richard Nixon (1913-1994; US president 1969-1974) close in the popular vote (Nixon (31,783,783 votes; 43.4%), Humphrey (31,271,839; 42.7%)), lost the electoral college (Nixon, 32 states & 301 votes, Humphrey 13 states & 191 votes).

Mrs Humphrey’s Ingredients

4 tablespoons shortening
2 green bell peppers, sliced
1 medium onion, chopped
1 lb (500 g) ground beef
1½ half teaspoons salt
¼ teaspoon pepper
2 eggs
2 cups whole kernel corn
4 medium tomatoes, sliced
½ cup dry bread crumbs
Butter

Mrs Humphrey’s Instructions

(1) Put shortening in skillet; lightly fry green peppers, onion and ground beef for 3 minutes or until partially done. Salt and pepper. Remove from heat; stir in eggs and mix well.

(2) Place 1 cup corn in casserole. Top with layer of meat mixture and layer of sliced tomatoes.

(3) Repeat until corn, meat mixture and tomatoes are used.

(4) Cover casserole with crumbs. Dot with bits of butter.

(5) Bake at 375º F (190º C) for 1 hour or until heated thoroughly.

It can be finished in a grill to add something to the cheese.  Serve with a side salad and rolls.

Hitler's signature

Becoming tremulous: Hitler’s signature: 1933-1945.

Between 1943-1945, Adolf Hitler's (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) handwriting suffered and, towards the end, it took some effort even to etch his name, a process which happened in conjunction with a physical decline noted in many contemporary accounts.  The reason for this deterioration has been discussed by doctors, historians and popular authors, most recently in 2015 by Norman Ohler (b 1970) in Der totale Rausch: Drogen im Dritten Reich (The Total Rush: Drugs in the Third Reich), published in English in 2017 as Blitzed: Drugs in Nazi Germany (Penguin, ISBN: 9780141983165).  Blitzed is a study of the use of methamphetamine stimulants in German society, the military and Hitler himself during the Nazi years with a focus especially on the relationship between the Führer and his personal physician, Dr Theodor Morell (1886–1948) who prescribed and administered a variety of drugs and vitamins between 1936-1945.  It’s the use of opioids and psychoactive drugs that is of most interest.

A best seller, Ohler wrote a lively work in a jaunty style which made his book readable but did attract criticism from the academic and professional historians never happy with journalistic trespassing on their carefully trimmed turf.  While there’s always sensitivity to authors injecting elements of humour and pop-culture references into anything about Hitler and the Third Reich, these essentially stylistic objections matter less than the substantive concerns about presenting as proven fact inferences drawn from incomplete or inconclusive sources.  That critique of scholarship should be noted but Blitzed needs to be read as just another text interpreting the documents of the era and in that, if read in conjunction with other accounts of the time, Ohler’s thesis is in places compelling while sometimes contradicted by multiple other sources.  The argument that the drugs had no effect Hitler’s decline and increasingly erratic behavior were due to stress and the onset of Parkinson’s disease is as dogmatic a position as many accuse Ohler of taking.  There are interesting aspects in the accounts from 1943-1945: the unexpected way Hitler’s physical tremors briefly vanished in the aftermath of the explosion during the assassination attempt in July 1944 and the various clandestine analysis of Morell’s preparations, some of which revealed a strong opioid and some harmless concoctions with barely a pharmacological effect.  While clearly not a conventional work of history, Blitzed seems a valuable contribution.

Patient & doctor: Hitler and Dr Morell.

The fault in Blitzed is probably that habitual journalistic tendency to exaggeration.  That stimulants were widely available and demonstratively popular in Germany doesn’t mean the entire workforce, every hausfrau and all servicemen in the Wehrmacht were habitual or even occasional users of amphetamines although, given the documentary evidence and the observational accounts of behavior, the case for Hitler’s addictions (or at least dependence) is stronger.  Critics felt also compelled to run the usual objection to anything which could be constructed as some sort of exculpatory argument; the idea that being stupefied by psychoactive drugs could somehow absolve individual or collective guilt.  Among those who lived the Nazi experience, long has been established the guilt to one degree or another of the many and the innocence of a few.  That said, there seems little doubt the rapidity of the Wehrmacht's advances in 1939-1941 were at least partially attributable to the soldiers being supplied amphetamines which enabled a heightened level of alertness and performance for sometimes thirty hours without need for sleep.  It was a most effective force multiplier.  Other factors, notably (1) the revolutionary approach to deploying tanks as armored spearheads, (2) the used of dive-bombers, (3) the ineptness of the Allied response and (4) luck were more significance but the speed did make a contribution.