Comments

A discourse (I suppose) on comments, consisting of 738 thereof, e.g.:

Comment by Brian C.B. —
April 7, 2006 @ 9:51 pm
Egregious mspelling.

Comment by Eric Scharf —
April 7, 2006 @ 10:11 pm
Off-topic, self-promoting link.

Comment by Kevin B. O\’Reilly —
April 7, 2006 @ 11:12 pm
Nazi analogy employed; Godwin’s law invoked.
Thread over!

Comment by Jim Henley —
April 7, 2006 @ 11:21 pm
I would have gotten away with it too . . .

Comment by Barry —
April 8, 2006 @ 12:23 am
(incomplete)
6a – Boast about comenter’s education and IQ – mispelled, of course.

Comment by PhillipJ. Birmingham —
April 8, 2006 @ 12:27 am
Non-sequitur fart joke.

(Via Anggarrgoon)

WOM 4 / Word of the moment 4: Vertragsstrafe

Liquidated damages are a sum fixed in advance by the parties to a contract as the amount to be paid in the event of a breach. They are recoverable provided that the sum fixed was a fair pre-estimate of the likely consequences of a breach, but not if they were imposed as a penalty.
(Oxford Law Dictionary)

The German equivalent is Vertragsstrafe. We sometimes hesitate to translate Vertragsstrafe into English as contractual penalty, because the word penalty is used to refer to the kind of agreed damages that are extortionate. But liquidated damages is not a term easily understood.

On liquidated damages and penalties, there is an article at Consilio.

But Cheshire, Fifoot & Furmston (1996 edition) says that the term used does not matter so much as the intention of the parties:

bq. The fact that the parties may have used the expression ‘penalty’ or ‘liquidated damages’ does not conclude the matter, and the court must still decide whether the sum fixed is a genuine forecast of the probable loss.

I see Furmston was at Brizzle.

The deceased signed the will himself/Substantiv und Zeit

At Language Log, David Beaver considers a point that sometimes arises in legal texts:

bq. a noun phrase, say dead rapper, can be interpreted at a completely different time from the main verb.

His example is a headline, Dead rapper fired first shot.

bq. The firing event apparently took place around 4:30AM on Tuesday at the CCC club in Detroit, while dead rapper first described Proof only afterwards, maybe not long before he was pronounced dead on arrival at a local hospital. While we’re at it, first shot also only became an apt description sometime after the shot was fired.

(The rapper’s name was Proof).

This has struck me in connection with references to the defendant in court, referring to occasions before the proceedings and with deceased testators referring to things they did while they were still alive and before they wrote a will.

Judith Tonhauser, a German who originally studied computational linguistics at Stuttgart. is writing a Ph.D. on this subject at Stanford University.

English vocabulary count/Fast 1 Million englische Wörter

The Independent writes that the English language will soon have its 1-millionth word.

bq. * Spanish linguists say there are 225,000 words in contemporary use.
* The largest edition of the Duden German-German dictionary contains about 200,000 words
* The Russian language has just reached the 125,000 mark.
* French has 100,000 words, one-sixth of the figure used in the UK.But the Academié Française, the body that defines the language, recognises 25,525.

I don’t know how big the vocabulary of German is supposed to be. I know the Duden doesn’t include words from specialist jargons.

(Via Onze Taal and langwich sandwich)

Longfellow on Nuremberg

IN the valley of the Pegnitz, where across broad meadowlands
Rise the blue Franconian mountains, Nuremberg, the ancient, stands.

I suppose those meadowlands are now the Knoblauchsland.

Quaint old town of toil and traffic, quaint old town of art and song,
Memories haunt thy pointed gables, like the rooks that round them throng:

Memories of the Middle Ages, when the emperors, rough and bold,
Had their dwelling in thy castle, time-defying, centuries old;

No, they didn’t live there, they just spent a few weeks or months there occasionally.

And thy brave and thrifty burghers boasted, in their uncouth rhyme,
That their great imperial city stretched its hand through every clime.

I suppose this isn’t a reference to ‘Nürnberger Tand geht durch alle Land’?

In the court-yard of the castle, bound with many an iron band,
Stands the mighty linden planted by Queen Cunigunde’s hand;

At least he saw the real thing. The current Kunigunde lime tree was planted in 1984. Here it is:

kunigw.jpg

On the square the oriel window, where in old heroic days
Sat the poet Melchior singing Kaiser Maximilian’s praise.

I can’t see an oriel – maybe it was destroyed in the war. And which Melchior was this? I don’t remember him.

Everywhere I see around me rise the wondrous world of Art:
Fountains wrought with richest sculpture standing in the common mart;

Very true, but lots of people don’t like them. 1 2 3

And above cathedral doorways saints and bishops carved in stone,
By a former age commissioned as apostles to our own.

In the church of sainted Sebald sleeps enshrined his holy dust,
And in bronze the Twelve Apostles guard from age to age their trust;

In the church of sainted Lawrence stands a pix of sculpture rare,
Like the foamy sheaf of fountains, rising through the painted air.

I suppose they mean this: click on Sakramentshaus.

There is more.