Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

pleaded and pled

I may have promised another topic for this month's blog...but another request has (orig. AmE) come over the transom, and I'm easily distractable, so...

Mike C from Shropshire asks:

Even most BBC news reporters seem to be using “pled” as the past tense / past participle. …  Any thoughts?


Thoughts? Do I have thoughts? I am plagued by them!

Pleading and plea-ing

Let's start with a basic observation of pled versus pleaded: the use of pled is fairly particular to much more common in legal pleas. One can have pled guilty, innocent, (AmE) no contest, or (AmE) the fifth, though many sources would tell you to use pleaded instead. So we get:

  • He pled guilty   = real but prescriptively frowned-upon 
  • She pleaded guilty = real & prescriptively cherished
  • He pleaded for their forgiveness = real & common
  • ?? She pled for their forgiveness.  = unnatural-sounding much less common overall (except maybe for Scottish English speakers? See below and comments) and prescriptively frowned-upon

As you can see in the Corpus of Historical American English, it's rare to have pled for anything, but things can be pleaded for:

Because of this,  I'm going to focus my corpus searches on use of pleaded/pled guilty.


The British history of pled

Since this is Separated by a Common Language, we have to ask: is this an Americanism coming into British English? And the answer is: Wait a minute!

The Oxford English Dictionary labels pled "(chiefly Scottish and U.S.)." There's lots of evidence of pled in BrE before it could reasonably be thought of as an imported Americanism—it goes back to the 1600s. In Hansard, the parliamentary record, it's found here and there since the late 19th century:

pled guilty in Hansard

I haven't checked every example, but in the 1890s and 1990s all of the pled guilty examples are from Scottish Members of Parliament:

1	C-1891	Lyell (C)				  be a man with no control over his temper: On the last occasion he pled guilty to assaulting a woman, and was fined 15s:, but 146 that did 2	C-1891	Lyell (C)				  146 that did not seem to have any effect upon him, as he now pled guilty to assaulting a lame man: He appeared to go about assaulting people without 3	C-1899	Cameron (C)				  charges of embezzling various sums amounting to £ 50,000, to which James Colquhoun pled guilty, and 241 with respect to which, on the 4th inst:, he 4	C-1899	Murray (C)				  of the question, it is the fact that the charges to which James Colquhoun pled guilty covered so substantially the case of alleged embezzlement that Crown counsel felt justified in 5	C-1899	Murray (C)				  the practice of the administration of the Criminal Law in Scotland where a prisoner had pled guilty to embezzlement of a sum so substantial as that in question, to re-try

The 1990s examples are all quoting or paraphrasing the Criminal Procedure (Scotland) Act 1995 Since it's in the law in Scotland, it should probably be considered fairly standard there. 

So, pled is a form with a long history in one part of the UK, at least. With the BBC diversifying its on-screen workforce in recent decades, there may be a rise in south-of-the-border exposure to that particular form of the verb. (I've talked about Scottish bureaucratese moving south in at least one other post.)


The American history of pled

So pled might come to the US with Scottish immigrants.  But.

In AmE pled really gets going in the late 20th century. The biggest waves of Scottish migration to the US had happened (as far as I can find out) in the late colonial period (when they would have accounted for a much larger proportion of the English-speakers in the US, and therefore might have had a greater effect on American English, than later immigrants would). It's possible that it was very common in speech in earlier times and had to become "respectable" before making it into writing much (as is thought to have happened for gotten).



On the other hand, it's very possible that pled was re-invented in the US, on analogy with lead-led and read-read [rÉ›d]. Certainly, the similarity between pled and these "legit" past forms paves the way for implicit acceptance of pled.

At any rate, the number of pled guilty remains a smaller number than pleaded guilty in the Corpus of Historical American English. But this corpus is mostly written English, much of it edited. I'd expect that there's more pled in speech. That's harder to get one's hands on. 


Pled guilty in speech

I had a look at the Open American Corpus (Spoken) from the early 2000s and there was just one example of pleaded and pled each. Spoken corpora just tend to be so much smaller, and so they're not great for tracking vocabulary. And, of course, there are no audio recordings of way-back-when. (Note that the Hansard Corpus above is of transcribed speech—we have to assume it's a pretty good fascimile of the speech.) 

The Open Subtitles 2018 (English) corpus (which I've accessed via Sketch Engine) contains scripted (film/movie) speech. That's not the same as natural speech, but the people writing the speech have every motivation to make it sound natural. What's interesting there is the turnaround of pled's fortunes:

  • pled guilty:  356 
  • pleaded guilty: 295 
I can look at these in films shot in the UK versus shot in the USA.  Because there's probably more AmE than BrE in the raw numbers above, when we compare by country, we need to 'normali{s/z}e' the numbers. So here, they're expressed as 'occurrences per million words' of the corpus:

 

    UK     USA
pleaded guilty     .02     .02
pled guilty          .07

While pled guilty is not found at all in the UK films, the lower numbers overall in UK films probably tells us that there are a lot more films about crime and legal proceedings in the American dataset.


Is pled in UK English a case of "Americani{s/z}ation"?

It's hard to say if BBC use of pled is Scottish voices, Scottish usage spreading or American usage borrowed. I'm going to vote for "probably all of the above". The prevalence of US courtrooms in media has led to The Law Society pointing out American things that show up in UK legal dramas: No gavels please, we're British.

At the same time, the evidence we have says that pleaded still outstrips pled in BrE by a long mile. Here's more from the up-to-yesterday News on the Web corpus, where pleaded guilty outnumbers pled guilty nearly 40-fold. 



How many of those are Scottish? Well, quite a few, but it would be a lot of work to sort out both 'is this in a Scottish news site' and 'if it's not on a Scottish news site, is it talking about something or quoting someone Scottish?'.  But I did take a sample of 100 and did a quick (more BrE) reckoning of what was what:
  • 53 were from Scotland
  • 30 were from either English local news or UK national news 
  • 10 were clearly North American stories in national news—so probably from wire services
  • 1 Northern Irish
  • 1 Wales
  • 5 ?
I'd take the 30 English/UK national with a grain/pinch of salt because I didn't check whether they were about Scottish legal cases. 

Is pled going up in the UK part of the news corpus: yes, but so is pleaded guilty—so it looks like there are just more legal cases in the news 

pled guilty in NOW-GB



pleaded guilty in NOW-GB



Getting back to Mike's observation: it's tough to check the BBC directly: when I tried searching their website for pled guilty, it asked me "Did you mean: plea guilty, plead guilty?" The actual results had the word pledge and not pled. Searching via Google, the first bunch of results I got were all from Scotland.  (There was only one BBC hit in my NOW sample of 100.)

I'll leave you with one more graph, from Google Books. The craziest thing in this graph is the fact that US pled guilty (orange line) has gone up so much in the past four decades whie never overtaking, or even denting, then numbers for pleaded guilty. While the use of pled guilty in UK books goes up a tiny bit in this century, it's worth noting that that's after the Scottish parliament published the  Criminal Procedure Act of 1995 and the Crime and Punishment Act of 1997 that include pled guilty (as well asl other laws that include pled). 


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the fine/small print

Last month, Dave Mandl tagged me on this message on Bluesky:

Dave Mandl: Huh, is "small print" used in the UK vs. US "fine print"? I never realized that. (Headline from the FT.)  Headline in FT: The Economic Scourge of Small Print

I hadn't really reali{s/z}ed it either, till Dave pointed it out. But sure enough, it is the case. Here are a couple of screenshots from the Corpus of Global Web-Based English, showing the fine print and the small print with a bit more grammatical context:

GloWbE results showing fine:small in the phrase IN THE _____ PRINT  at a ratio of 87:9 in US and 15:93 in UK.
GloWbE results showing fine:small in the phrase READ THE _____ PRINT  at a ratio of 157:22 in US and 47:126 in UK.

Before we get into the how, when, and where of this, let's start with the what. There are three uses of the fine/small print to sort out, which arose in this order:
  1. the original, literal meaning: printed characters that small in dimension and (relatedly/therefore) light in line thickness, and therefore difficult to read

    e.g. I can't read such small/fine print without my glasses.

  2. the extended meaning the fine/small print: supplementary text to a contract or other document that expresses terms and conditions, typically printed in a small/light font

    e.g. They hid the extra penalty fees in the small/fine print.

  3. more figurative uses (again with the): important, technical/non-obvious information that one might not have paid attention to, but that might have serious repercussions.

    e.g. "The fine print of what Obama is doing is far less dramatic than many of his defenders and critics claim."  (Cedar Rapids, IA Gazette, quoted in the Oxford English Dictionary)

In the literal sense 1, the OED has examples of small print all the way back to the 1500s; fine print only appears in 1761. All the first citations are from England, but all their examples of fine print from the 1850s onward are American.

In the extended sense 2 (from what evidence we have), the fine print shows up first—in an American case-law reporter in 1891.  The small print is first found in a yachting manual published in London in 1900.

It's hard to say when these expressions got more figurative. The OED only gives a separate figurative sense 3 for fine print (first example, 1948) with just "also figurative" at sense 2 for small print. It's a bit annoying that the two are treated differently, but it appears to be because the figurative examples of fine print in AmE are just more figurative. In the 'figurative' fine print examples, like the Obama one above, we're looking at deeds rather than words. But the not-really-about-print examples of sense 2 for small print involve language (if not print), as in this example from the Telegraph:

  1. 1971
    Some interest attaches therefore to the ‘small print’ of the Queen's speech and how far it avoids firm undertakings on some of the more controversial measures.

So, to sum up, it looks like, for some reason, AmE liked the phrase fine print more than small print for the literal stuff, and then it added an extended meaning relating to contractual language. You can see the frequency of the phrase rising as it gets more uses—and the neglect of small print in the Corpus of Historical American English:



Then after the meaning was extended, it looks like it was calqued into BrE—which is to say BrE took the idea and put it into the more familiar phrasing small print.  

I wondered whether there were broader differences in the use of fine in its 'slim, delicate' linear senses in AmE and BrE. I found a few things, but they don't add up to much of a picture:
  • fine line: consistently more AmE than BrE hits in singular
  • fine lines and wrinkles: This phrase had 3x more hits in BrE than AmE in GloWbE (2012–13), but only about 1/3 more in the more recent News on the Web (NoW) corpus. It's strongest in Hong Kong/Singapore/Malaysia, though, so maybe it originated in advertising in Asia?
  • draw a fine line between (two similar things): The OED's first example of that is BrE in 1848; the GloWbE corpus now has more US examples than UK, but the numbers are very small.
  • fine-tip, fine-point (of a pen, etc.): much more AmE in GloWbE and NoW. (The number of hits for fine nib were tiny, but more in BrE. Fine-nibbed pen had more in AmE.)


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judg(e)ment

At some point in my American education, I learned that judgment was an American spelling and judgement was the preferred British spelling. Ditto acknowledgment and acknowledgementBut then I moved to England and grew up (possibly in that order) and reali{s/z}ed that nothing is ever that simple. (Though I see some poor souls [read: schools] on the internet are happy to promulgate the simplification.)

The e-ful versions of these words show up as 'more British than American' in the GloWbE corpus, but it's pretty clear from the numbers that it's not a straightforward difference. Here are the raw numbers:


with the E
without the E


And here, more readably, are the proportions. BrE does prefer the e-ful versions, but not absolutely. AmE has completely mixed feelings about acknowledgement and while it mostly prefers judgment without that e, it still has 25% e-ful judgement. (Yes, I know that there's still an e in the version I'm not calling e-ful. Don't be difficult. You know what I mean.)

acknowledgement AmE 56% BrE 77%, judgement AmE 25% BrE 63%
(includes singular and plural)


Now, you might look at this kind of thing and think: it's those Americans getting rid of letters again. Noah Webster, to whom many attribute American spelling habits, was not a fan of 'silent e' and tried to get rid of it elsewhere. (For example, he wanted to spell improve as improov.) But judgment is no Websterian Americanism. The Oxford English Dictionary tells us that though judgement had an e early on (coming, as it did, from French jugement), the e had started to drop out by the 16th century, and judgment was the prevailing spelling in by the end of the 17th century. Both judgment and acknowledgment are e-less in Samuel Johnson's 1755 dictionary

It was only in the 19th century that the e-ful judgement regained popularity in British contexts—I assume acknowledg(e)ment followed suit, but the OED has less info about that word. It's not surprising that the e gained traction, since using the e before the -ment suffix does some helpful things: 
  • it keeps the spelling of the root word (judge, acknowledge) intact
  • it signals the 'softness' of the g before the suffix ('soft' g's typically only go before e, i or y)
  • it avoids a weird letter combination: dgm
But you'd never know that judgement is "British English" if you looked in some places. Here's what the spelling is like in the UK Parliamentary record. Pretty darned e-less.


That's because legal language tends to be more conservative. In British law, judgment has no e.

This makes judg(e)ment just one more British word that has a spelling/form variation depending on professional context:

Some of those splits in BrE spelling are due to the influence of AmE, but in the case of judg(e)ment, we have (non-legal) BrE innovating while AmE mostly didn't change. If either variety is influencing the other, it might be BrE's allowance of those e's in judgment and acknoweledgement that's causing AmE to be more tolerant of the longer spellings. 

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leave

I have left my leave. In the spring of 2020 I was on university-funded leave. Then I took unpaid leave to go be an NEH Public Scholar for six months. Now I'm returning to my university job six weeks early so that someone else can go on sick leave. (Then I'll go back on unpaid leave in April and finish off the NEH grant.) That leaves me thinking about leave, and how Americans sometimes ask me to explain some BrE uses of it. 

Leave, a noun meaning 'time off from work/service' is general English, but it's used for more kinds of time off in BrE than in AmE. The leave in all of these expressions is not "I'm leaving! Bye-bye!", but that you have been given leave (permission) to go. And so...

Leave of absence is used in both places, but more in North America—and I am guessing that's because using leave on its own is less clear to those who use it less:

To be on leave is general English. The OED says that Americans can also be on a leave, but the corpus data I can find shows that as being more common in Canada than in the US. (On a leave of absence is much more common than on a leave on its own.)

In employment   

Several modifications of ___ leave seem to be used in both countries:

  • paid/unpaid leave
  • sick/medical leave
  • maternity/parental/paternity leave

...though you find all the parental leave expressions above, plus adoption leave much more in the UK because there's just much more of it to be had over here. Maternity leave also pops up as mat leave (and in Canada too) because familiarity breeds abbreviation.

Some BrE kinds of leave that aren't expressed that way in AmE are:

  • annual leave: one's annual (BrE) holiday / (AmE) vacation allowance. It's not uncommon in the UK to get out-of-office email messages that say "I'm on annual leave until [date] and will not be checking my email during this time".  
  • compassionate leave [thanks for reminding me, Biochemist]: time off to deal with some personal crisis, often a bereavement (bereavement leave also shows up in the corpus) or a family illness.
  • research leave: what those in US universities call sabbatical. (Sometimes in the UK, one runs across sabbatical leave.)
  • study leave: time off to do some training or education. I don't know of a US equivalent for this. Is there one?
  • garden(ing) leave: a euphemistic way of talking about some kind of paid suspension of work, often to keep someone out of trouble before they exit a job. This has come up before in this old post and was also an item in one of my Untranslatable Octobers.

Some or many of them might come from the military (see below) via the civil service. 

Some of kinds of leave in the UK might be threatened by post-Brexit degradation of working conditions. (Maternity leave looks ok for the time being, but holiday/vacation pay is a worry. See here.)  

The only ___ leave I can find that is used more in AmE than in BrE is administrative leave. In the news, it's what you see happening to police who shoot people while the shooting is being investigated.  American police do a whole lot more shooting people than (the mostly un-firearmed) British police. It's also used for other kinds of "we can't fire you yet" or "we don't want to fire you, but we need to look like we're doing something". In one British article (about doping in competitive cycling), administrative leave is followed by "sometimes called garden leave". While garden leave might hint at an impropriety, the hint is not as strong as it is for administrative leave. (E.g. some examples of garden leave seem to be about preventing employees from having access to company secrets before they move to another company.)

 In military service

Shore leave is general (military) English. I'd presume most of the military leaves are common to both. Furlough (my 2020 US>UK Word of the Year) is another military term for leave, with more meanings in AmE than BrE.

The military term absent without leave goes back to the 17th century, but the OED also marks it as "U.S. Military" in two senses: the offen{c/s}e of being absent without permission, and a person who is absent without permission. The acronym AWOL is originally AmE in all its senses.

 In immigration

As well as getting permission to go, you can get permission to stay. A BrE phrase every UK immigrant knows well is leave to remain. That is, permission to stay in the country. BrE indefinite leave to remain is equivalent to the AmE green card or general English permanent residence. Leave to remain can also be  temporary or limited (which are not the same thing), and discretionary, which is used in extraordinary circumstances (as for asylum seekers).

Not that kind of leave

And as long as I'm talking about noun uses of leave, take leave of (someone) is general (maybe a bit old-fashioned?) English, but take leave of one's senses ('stop thinking normally') seems rather BrE:


 

What have I forgotten? Let us know in the comments:

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The fourth 'Untranslatables' month summary

This was the fourth year that I declared October Untranslatables Month on my Twitter feed. (Here's 2011 , 2012, and 2013.) Instead of offering a 'Difference of the Day', I offered an 'Untranslatable of the Day' every weekday.  Last year, I swore that I wasn't going to do it again. In part I doubted that I could find another month's worth, but also in part, I was tired out from people arguing with me online about elements of the project. You can probably guess their complaints from the defensive bullet points that appear below. 

About my Untranslatables:
  • I'm only talking about the relationship between British and American English here (as is my theme). These expressions may well have equivalents in other languages or dialects.  
  • By Untranslatable I mean that there is no lexicali{z/s}ed equivalent in the other dialect. And by lexicali{z/s}ed I mean that the expression is a word or an idiom--something that language users learn through hearing others say it, rather than something that has been made up anew.
    One can translate things by making up new sentences or phrases that describe the same thing, sure. But it's special when a language has lexicali{z/s}ed an  expression for something--it tells us something about the culture that invented and uses that expression.
  • Many of these have started to be borrowed between the dialects--and that's natural. If it's a useful expression and the other dialect doesn't have it, it's a prime candidate for international migration.
  • If you have not heard of the word before (even though I've said it comes from your country), this is not cause for complaint. It is cause for celebration that you have this opportunity to enrich your vocabulary! 
That all said, I wasn't given much of a hard time this year. And I certainly was not subject to abusive rants, as happened for a while last year. (Phew.)

My rules for choosing the untranslatables are:
  • They can't repeat items from the previous Untranslatables Months.
  • It should be the expression that's missing from the other country, rather than the thing. So, for instance Page 3 Girl was suggested, but there is no American newspaper that puts topless young women on page three every day (thank goodness). There's no word for it in the US only because there's nothing for it to refer to in the US, so it doesn't belong in this particular list.
  • I try to alternate American and British expressions (but that doesn't always work out).

With the words below, I've given the content of the Untranslatable of the Day tweet, expanded and re-formatted from the necessary abbreviations of 140 characters. If I've discussed the expressions before on this blog, I provide links to those posts. I also include here the links I provided with the tweets and I try to give credit to those who suggested them as untranslatables. Here we go.

  • BrE snug: a small, comfy room in a pub. Occasionally  extended to other comfy personal (orig. ScotE) hidey-holes. Here's a Wikipedia description. [I learned this during the year while reading an article that I now can't find. I had to look the word up, and then spent the rest of the year waiting for untranslatables month to come round again.]
  • AmE to jaywalk: to cross the street/road against the light or where there's no crossing. Thanks to @SimonKoppel for the suggestion. As I noted in a later tweet, this word is known by many in the UK, but generally only used to refer to people doing it in the US. Some British twitterers objected that this couldn't count because the thing doesn't exist in the UK. They were under the impression that one cannot jaywalk in the UK because it's not illegal to cross in the middle of the (orig. AmE) block here.  But notice that there's nothing about legality in the definition I've given. I grew up in a place where (I was told, I've never actually checked) jaywalking wasn't illegal. But we still called it jaywalking. (Remember: laws--including many traffic laws--vary by state in the US.)
  • BrE Billy No-Mates: a friendless person. Here's a history of the phrase. (Can't find who suggested it, but thanks!) Several people sent variations on this like Johnny No-mates, Norma No-Mates and Norman No-Mates, but Billy seems to be the original (and the one I hear most--the others may be a bit more spread around the anglophone world).
  • AmE backwash: saliva/mouth contents that go back into a bottle that's been swigged from. (Urban Dictionary's take on it.) Several Brits told me they knew this from childhood, but it's still not (in my experience) widespread in the UK. Of course, the word-form is used in both dialects for other kinds of washing-back in rivers and plumbing.
  • BrE garden(ing) leave: Explained in this old post.  Thanks again to @SimonKoppel.
  • BrE to plump for: to choose suddenly after much dithering. Thanks for the suggestion to @rwmg.
  • AmE will call: [of tickets] to be collected at the box office. Wikipedia says COBO ('care of box office') is the BrE equivalent, but it's not in general use. In a US theat{er/re} you might have to go to the will-call desk/counter/box office to get the tickets. COBO isn't used like that. Yet another one suggested by @SimonKoppel. I might have to put him in charge of Untranslatables month next October.
  • BrE to decant: to transfer people temporarily to another location. See sense 1.1 in Oxford Dictionaries Online. Thanks to Diane Benjamin for this suggestion.
  • AmE to stop on a dime: to come to a halt quickly and neatly in exactly the right spot. Many complained that this has a BrE equivalent in stop on a sixpence. Fair enough. Though I will note that turn on a sixpence seems to be more common than stop on...
  • BrE three-line whip: Party instruction to Members of Parliament that they must vote with the party on some matter. (Here's more explanation from a Stack Exchange.) There is a question here whether it should count: is there an equivalent three-level structure of whips in the US? Well, there could be, so I gave it the benefit of the doubt. Thanks to @JanetNorCal for the suggestion.
  • AmE loaded for bear: well prepared (and probably eager) for a forthcoming confrontation. Thanks to @sethadelman for the suggestion.
  • BrE gazunder: [for a buyer] to reduce an agreed-upon price for a house/property just prior to signing contract.  Here's Word Spy on it.  
  • BrE gazump. To obtain a property by offering more for it than an already-accepted offer. Here's Oxford Dictionaries Online on it.
  • AmE layaway (= AusE lay-by). Instal(l)ment purchasing, where the item's not received until it's paid off. There was some discussion about whether this should count because it's unclear that the equivalent exists in the UK. British hire-purchase is the equivalent of AmE rent-to-own or rental-purchase, in which case you take the thing home and make payments on it. I allowed it because I think one could argue that certain Christmas schemes in the UK (like this one) are kind of like layaway. Thanks to @smylers2 for the suggestion.
  • BrE U and non-U: (Non)-upper class, with particular reference to words that "should" or "shouldn't" be used. Here's the Wikipedia article on it. And here are places where the distinction has been mentioned on this blog.
  • AmE charley horse. A cramp in the leg. Here is Merriam-Webster's definition. Thanks to @meringutan for the suggestion. There were some suggestions for British-dialectal equivalents of this. Hard to tell if they're really equivalent. You can discuss amongst yourselves in the comments.
  • BrE WAGs: wives and/or girlfriends of (BrE) footballers as a type of celebrity. Discussed on this blog here. Thanks to @meringutan.
  • AmE snow day: a day when schools and businesses are closed due to snow. (Longman definition). Sometimes heard in UK now, but no local lexical equivalent. Thanks for the suggestion, @laurelspeth.
  • BrE chav. This is a word for a stereotyped type of person. Here's Wikipedia's take on it. Suggested by @kearsycormier (thanks!). This one I was most uneasy about including, because I think it is the case of it being more the referent (in this case people rather than things) rather than the word that the US lacks. It's all about the UK social class system, which operates in different ways, with different emblems, than the US class system.  Many years ago I wrote about an attempt to import chav to the US. It hasn't worked.
  • AmE family-style: adjective or adverb describing the serving of food at restaurant in dishes that are to be passed (a)round and taken from, like at home. (Oxford's definition)
  • BrE scrumping: stealing apples from an orchard. Thanks to @beardynoise for the suggestion.
  • AmE palimony: (humorous) alimony-style payments made after the break-up of a non-marital relationship. 
  • BrE dodgy: with its many shades of meaning, it's hard to think of an exact equivalent: Here's Oxford Dictionaries Online on it. Once one learns this word, it soon becomes a necessary part of one's vocabulary, so it's not surprising that there are US sightings of it. Thanks to  @tonythorne007 for the suggestion.
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'the newspaper' and more on the written word

Tonight (22:00/10pm) people in the UK (and maybe abroad?) will be able to hear a new instal(l)ment of The Verb "Radio 3's cabaret of the word". [It's downloadable for the next 7 days.]  I was invited to talk about a piece I'd written a few months ago about American attitudes to dictionaries and, by extension, the written word. And it was a lovely time. The other guests were Nathaniel Mann (with his collaborator, violinist Daniel Merrill) and Nicholson Baker, whose writing I've long admired (and who was contributing over the phone from Maine; as a friend of mine pointed out, I was on the phone with the inventor of phone sex). The host, Ian McMillan, is not only a great radio host and performer, but also a great actual host, as were the rest of the staff there. Who knew we'd get apples before and cake after?

But, of course, one prepares for such events and then one is a bit disappointed when one misses the opportunities to say every fascinating (to oneself, at least) thing that one's thought of. In particular, that I've thought of. So, I'm typing this on the train back from the recording. L'esprit de railway.

The original essay and the radio piece both make a big thing out of what may be a very little thing: some evidence of differences in attitude to the written word in the US and UK. My contention is that Americans like written authorities, while the British tend not to turn to the written word as authority as much. On the program(me) I talk about dictionaries, the Bible, supreme courts, and constitutions, as I did in the original essay. In the course of it, I get a Winston Churchill quotation wrong (he actually said: "The English never draw a line without blurring it.") and miss the opportunity to point out a couple of things I had enjoyed discovering this week. So I'll tell you about them now.

The Supreme Court strikes (some dictionaries) again!
On the topic of U.S. Supreme Court use of dictionaries, a particular example of it arose this week. The case, Bond v. United States, involved the question of whether a wife putting caustic powders on her husband's pregnant lover's doorknobs could be prosecutable under the Chemical Weapons Convention Implementation Act. The Court unanimously said 'no', and the opinion, written by Chief Justice Roberts, cites seven different dictionaries — from Johnson's to the 3rd edition of the American Heritage Dictionary (why not the 4th or the 5th?) — in defining weapon and treaty. The two cited definitions of weapon define them as instruments of combat, and Roberts then shifts from dictionary evidence to evidently out-of-his-hat proclamations about "natural parlance", i.e. 'But no speaker in natural parlance would describe Bond's feud-driven act of spreading irritating chemicals on Haynes's door knob and mailbox as "combat."' American Heritage (4th edn) defines combat as 'To oppose in battle; fight against.'. Was Bond fighting against Haynes? Does this mean that, say, the Sarin was not a chemical weapon when it was used in a Tokyo train because the passengers weren't in a battle? Heck, does it mean that a gun used in domestic violence is not a weapon? We can see that court usage of dictionary definitions is a bit wobbly. Or scary, if you prefer. I'm not saying that the use of a rash-inducing caustic powder in a domestic dispute should be subject to international treaties about chemical weapons. But I am saying that if you're going to use a dictionary to support your opinion, you shouldn't hop back and forth between using it and ignoring it. And you probably shouldn't be using it that much at all. (By the way, Slate magazine hails the Chief Justice's "comic stylings" in this case. Yes, Americans can do irony.)

the newspaper?
While thinking further about how we talk about the dictionary even though there are many dictionaries, I wondered about use of the newspaper.  People say things like I read the newspaper every day or I read about that in the newspaper. But, of course, it's a particular newspaper title that they read every day, and it was a particular issue of a particular title that they read a particular fact in. (There's a reason why newspaper is the word that I use to teach first-year students about polysemy.) Saying the newspaper in these contexts, like when people say the dictionary, gives the impression that it's immaterial whether there is more than one possible newspaper that you could be referring to, since it is the news they're telling you. (In contrast, people don't talk generically about how to read the book or say that they read a fact in the book, unless it's clear from context which book they're talking about.) I wondered: do we see a difference in this use of the in AmE and BrE?  Well, I wouldn't be feeling the need to tell you about it if we didn't.

Using the Corpus of Global Web-Based English again, I looked at various newspaper phrases. British websites were about as apt as the American to have the phrases read a newspaper and read in a newspaper. But when we put a the in there, the scale(s) tip(s) to the American, with 106 American instances of read the newspaper to 45 British ones, and 23 American read in the newspaper to 9 British.  (I also didn't get to note that fellow-guest Nicholson Baker has an essay called 'Reading the paper' about newspaper-reading [in his case the New York Times] in his collection The Way the World Works.) This difference is probably much to do with the fact that American newspapers are meant to be 'objective' and 'impartial', while British ones wear their political positions more obviously.  If one believes that all the news is impartially reported in all the newspapers, then, the thinking might go, the news in the papers is interchangeable. (The fact that any news above the local level is likely to be coming from a wire service makes this almost true in some cases.) The American ideal of impartial print media (and until Fox News, broadcast media were held to the same standards) seems tied up with the value of the printed word in American culture.

Iain in the comments mentions 'in the papers" (note: I did newspaper rather than  paper because of the ambiguity of the latter--both are used in AmE & BrE). The plural there acknowledges that there is not a single paper, so more use of the plural would go along with the claim I'm making above (which, I must underscore, is a thought-experiment, like the original dictionary piece. I'm seeing how far I can go with it. And then I might go somewhere else with it!).  Looking at GloBWE again, each country (US, CA, UK, IE, AU, NZ) has only one instance of read it in the newspapers.  But for read the newspapers there are 33 US and 63 UK examples, making it reasonably more frequent in BrE. So the plural form doesn't undermine the thought-experiment.  But keep experimenting!
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redundant

David C wrote this week to ask:

I know the English use 'redundant' where we USns would say 'laid off' but the question came up whether they would use 'redundant' where we would say 'obsolete' in reference to, say, a 5-year old computer.

Let's back up a bit and discuss what David's taken for granted. In AmE a company can lay off its employees but in BrE a company (or a university!) makes its employees redundant. What's a little confusing is that you can be laid off in the UK too, but it means something different. According to this site (among others) a lay-off is expected to be temporary, as opposed to a redundancy in which you really, really lose your job. But this is not the understanding in AmE, where being laid off is the equivalent of BrE redundancy.

In answer to David's question, objects can also be made redundant in BrE--if they've been made worthless, particularly because they've been superseded by something else. Both Better Half and I feel like this is not quite the same thing as obsolete, but we're a bit hard-pressed to explain exactly why. Do others have this intuition?
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partner

I looked at my collection of e-mails from readers that request coverage of this or that Americanism or Briticism. The collection contains just those that I've not blogged about yet and that I think have at least a little potential to be an interesting post. At my current rate of one post a week, it'll take me a year to get through them--that is, if each e-mail has only one request in it. Maybe a year and a half, then. And they just keep coming in! If you ever thought I'd be out of bloggable ideas by the third year in, you were wrong. (And we're not even counting the topics on my own lists of questions I want answered, gripes I want to air, and little jigs I want to dance on your computer.)

With such a backlog (the ones that I consider answerable go back a year now), it seems a bit unfair that I'm going to write about the one that arrived today. Blame my mother. Whenever my brother didn't get into trouble when any reasonable person could see he was guilty as sin (He really was on my side of the car seat! And besides, HE'S LOOKING AT ME FUNNY!), my mother would explain "Life isn't fair." I took logic (AmE) in college/(BrE) at university, so I figure/reckon: Life isn't fair, and I'm alive, so I don't need to be fair. Right?

Regular reader/requester Jackie wrote today to request coverage of the BrE use of partner (since some of the requests I'm ignoring in order to do this one are hers, it's not that unfair, is it?) . She sums up the situation:
When I lived in London I was forever getting confused by people referring to their heterosexual partners as their partner. In the U.S., when someone refers to his or her "partner," it usually means the other person is the same gender. Or that they are in business together, a source of frequent confusion here. I don't know if it's worth discussing, but do you know how the words acquired the narrower meaning in the U.S. (or the broader reading in the U.K.)?
I am going to come out of the closet and tell you that I LOVE partner! In the UK, it is the unmarked--which is to say normal, usual-- way to refer to the person you share your life with (but usually aren't married to). It's gender-free, works as well for gay and straight relationships, doesn't infantali{s/z}e either party. It's wonderful. In fact, I love it so much, that it's still how I refer to Better Half, even though the law has intervened and I could call him my husband now. It's just such a grown-up, practical word, and I feel grown-up saying it. (I think I'll be at least 70 before I stop getting a kick out of being an adult.)

Jackie asks how it came to be this way. How? Hard to tell without a lot of etymological research, which I haven't the wherewithal to do now. But I can tell you this: the OED has examples of partner meaning 'spouse' going back to Milton (17th century). The business sense goes back a to the 15th century. In between, the word was extended to include dancing partners and bridge partners, etc. The OED comments:

Now increasingly used in legal and contractual contexts to refer to a member of a couple in a long-standing relationship of any kind, so as to give equal recognition to marriage, cohabitation, same-sex relationships, etc.
But it doesn't say when that 'now' started. Milton notwithstanding, it does have the feeling of a modern use. I've heard older BrE speakers expressing discomfort with the term ("that's what they all call it nowadays, isn't it?"), although I think the real discomfort isn't the word partner but the fact that their children are (chiefly AmE) shacking up instead of getting married.

Why don't Americans use it so generally? Probably because gay and lesbian folk started using it, and no one wanted to be mistaken for gay/lesbian, so they avoid it--though the official story is that it 'sounds too business-y'. What do Americans use instead? All sorts of things--there just isn't an unproblematic and widely accepted equivalent. They use boyfriend/girlfriend, significant other, lover and write articles like this.

The fact that it sounds 'business-y' is part of its appeal to me. It doesn't traipse into the emotional or bedroom details of your relationship. It acknowledges that you have to work together with anyone who's such a deep part of your life, that you share goals and assets and responsibilities. And I suspect that is a reason it's found popularity in the UK--it talks about a personal part of your life without getting into the private details. That and the fact that co-habiting relationships (including same-sex relationships) are treated with more seriousness and respect in British law these days, so they require a term that can be used in officialdom as well as by someone wanting to mention the person who picks their dirty socks up off the floor (with only the pleasure of self-satisfied eye-rolling as payment).

Generally (in BrE), if your refer to someone as your partner, people will assume that you live together. But I can think of at least two committed pairs I know who don't live together but who use the term for each other. That's how I can tell when my friends have become serious about the people they're seeing--they start calling him/her 'my partner'.

By the way, I'm retiring the Canadian Count. I've had a few lately, but I've lost count and I think it was only amusing me--and less and less so.
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johns, punters and ponces

Grover and I went out for a lovely lunch with our friend Maverick the other day, and now I find that her pseudonym creates a linkage problem. Do I link to her blog (as is my usual courtesy to people-I-mention-who-have-blogs) or to our previous discussion of AmE/BrE differences in the use of the word maverick? The solution of course is to make a roundabout way of doing both, as I have in this paragraph, but I'll have to (chiefly AmE) figure out a less verbose way of doing it before she points out something else to blog about...

So, Maverick got some good deal on magazine subscriptions and has started reading Time magazine. Though she receives the European edition, she finds that it doesn't make much allowance for the fact that its readers won't necessarily be speakers of American English. So, she was confused by the following sentence (or one like it--not sure if the on-line edition is exactly the same) in an article about recently shamed New York governor Elliot Spitzer:
Just last year, Spitzer had signed a law that lengthened jail time for johns from three months to as much as a year.
Maverick had assumed that john meant 'pimp', and so she was led astray, as it actually means 'prostitute's client'. Now, I think this means that Maverick doesn't watch Law and Order or CSI or any of the other 'gritty' American murder mysteries that are on (UK) Channel Five all the time. The OED marks this meaning of john (there are many more that I don't want to get into here) as 'orig. U.S.', meaning that it has made inroads into BrE.

Maverick and later Better Half tried to think of a BrE word for a man who pays for sex and came up dry. I've heard (BrE) punter used in this way, and there are thousands of examples of it on the web, including:
Meanwhile, lads' magazines continue their assault on British women with articles that aggressively blur the line between girlfriend/boyfriend and prostitute/punter relationships. -- Katherine Viner in the Guardian

The trio all use a website where "punters" - the men who visit prostitutes - go to discuss their encounters. -- Finlo Rohrer in BBC News magazine

Better Half and Maverick both protested, "But punter really means 'gambler'." Yes, I've heard that before, but it's a tough word to (orig. AmE) get a handle on (especially as a newcomer to these isles) because its meanings slide all over the place. The first sense that the OED (draft revision Sept 2007) has for it, dating back to the 18th century, is 'A person who plays against the bank at baccarat, faro, etc.' It then was generali{s/z}ed (as early as the 19th century) to mean any type of gambler and from there to mean someone who pays for something, and particularly a man who pays for a prostitute's services. As a side note, in AmE punter is one who (AmE) punts (drop-kicks the ball) in (American) football, and in the UK another kind of punter is one who propels a punt (a kind of flat-bottomed boat) down a river. The latter kind of punter is not marked as BrE in dictionaries, but much more punting goes on in the UK than in the US.

Back to john, in the OED, it defines the prostitute-client sense as:
A ponce; the client of a prostitute. slang (orig. U.S.).
Now, ponce is another difficult word. But according to the self-same OED (draft revision Mar 2007), it means 'pimp', not 'client':
derogatory slang (chiefly Brit.).
1. A man who lives on money earned by another person (esp. a woman); a kept man. Also: a person (usually a man) who lives off a prostitute's earnings; a pimp.
But I've only heard it used to mean:
2. depreciative. An effeminate or affected man or boy; (also) a male homosexual.
Searching for ponce + prostitute on Google.co.uk, I can only find evidence of it meaning 'pimp', and not 'john/punter'. So, it looks to me like a bad AmE-to-BrE translation in the OED--they haven't got(ten) to the Js yet in the current revision--but I expect this will be changed!

Postscript (1 April--but not an April Fool's joke!): Here's another example of punter, and how easy it is for a newcomer to misinterpret it. It's from The Guide (The Guardian's entertainment listings section, 29 Mar-4 Apr 2008), in a listing for Lucy Porter's stand-up show:
As she said of one of her younger punters, "I want to rip his clothes off -- but only so I can wash and iron them."
Now, they are not claiming that Porter turns tricks, though I originally thought that it meant someone she'd taken home (since they'd just said that "her specialist subject is relationships"), but Better Half was quick to dispel this impression by explaining to me that the 'younger punter' is a member of her audience.
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Abbr.

AmE = American English
BrE = British English
OED = Oxford English Dictionary (online)