Thanks for joining me for another edition of the SerenityThroughSweat blog. As part of my language and communication project I have been doing a lot of reading. Most of it overly academic, and written solely for the academic community. Every once in a while though, a gem will shine through that affects all of us in a profound way.
I didn’t know what philology was until I was introduced to the word while reading John Marco Allegro’s The Sacred Mushroom and the Cross. Marco was a scholar who helped translate the Dead Sea Scrolls, and compare them to original source languages, (think Sumerian, Aramaic and Hebrew).
This was very interesting stuff in my mind, but I understand it is a niche audience. But shooting down the federal mask mandate, that might have some mass appeal. Coincidentally, also a task based in language and philology.
Kathryn Kimball Mizelle is the Florida district court judge whose summary judgment declared that the Federal Mask Mandate exceeded the CDC’s statutory authority. To understand why this is pertinent to our discussion of language, a little background information on both the history and timeline of these regulations as well as the legal system are important. (my mother and my wife have often told me I should have been a lawyer, turns out I’m more interested in arguing linguistics, which is more annoying and less lucrative)
The CDC relied heavily on the Public Health Services Act (PHSA) of 1944 as the statutory basis for their authorization to issue mandates to help manage the Covid pandemic. In Mizelle’s decision, she relies in part on the plain language and context of the PHSA to determine if the CDC’s action where in line with the intention of the original act.
While you and I as everyday non legal types might not be familiar with this process, you have probably heard some political pundit or politician say something like “this is what the founding father’s intended”. Same idea here. What did the authors of the PHSA intend with the act? What powers were granted or restrictions placed? And, more importantly for our purposes, what language was used, in what context, and what was it’s meaning at the time of writing?
When examining the plain language and context of the PHSA, the court found that the relevant portions authorized regulations to prevent the spread of diseases for specific limited circumstances: (1) individuals traveling from foreign countries into the States; and (2) for the purposes of “inspection, fumigation, disinfection, sanitation, pest extermination, destruction. . . and other measures”.
The court referenced the Corpus Linguistics database to verify the meaning of ‘sanitation’ in 1944, and determined it’s primary use was ‘to make things clean’ rather than ‘maintain a level of cleanliness’. The court concluded that “wearing a mask neither sanitizes the people wearing the mask or the conveyance”. There are other procedural and legal issues that are at play, but again they are beyond the scope of this language focused discussion.
Philology is the study of literary texts and of written records, the establishment of their authenticity and their original form, and the determination of their meaning. So when Allegro is studying the Dead Sea Scrolls and validating the original Sumerian and its intention before it was translated into Hebrew or Aramaic, he is engaged in a philological task. Judge Mizelle, when referencing the Corpus Linguistic database for the context and meaning of sanitation in 1944, is engaged in a philological task. One that has a tremendous impact on my day to day life in airports.
As I have said often on this platform, and will continue to repeat, words are important. The intention with which they were spoken or written is important. The study and exploration to determine that meaning is a noble and worthwhile pursuit. A pursuit which has an effect on our everyday life via our legal system disproportionately more significant than I think most of us understand.
When analyzing laws and regulations like the PHSA, a single word can change the context, meaning, and intention of a whole section, having major implications. The same is often true for anyone who works in business contracts, or (as this work is sometimes focused) in aviation.
Aviation is heavily regulated and standardized, and most of our processes and procedures need to be approved by the governing body the Federal Aviation Administration or FAA. The FAA, being a federal government agency, is governed by, you guessed it, laws. The Code of Federal Regulations or CFR, is the codifcation of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Because the FAA is tasked with governing the aviation industry, the rules it makes become federal law. This is why you hear that it is a federal crime to tamper with lavatory smoke detectors every time you get on an airplane. It also means that a company manual, specifying a company procedure, that has to be approved by a federal regulating (read law making) body, is going to require a specificity of language akin to a federal law or a business contract.
Words like “may”, “must”, and “shall”, can be easily slipped into the middle of a lengthy and convoluted sentence, in the middle of lengthy and convoluted manual, but they represent, not just a company procedure, but a Federal mandate for how to operate an airplane. So when the captain tells me to select the required flap setting for our takeoff and I reply “flap handle one” instead of “flap lever one”, I am not operating my airplane in accordance with our company, and thus federal, requirements.
While that may seem a bit anal and pedantic, (it definitely is) “flap lever___” is in quotations, and thus is a required call out. There are areas where (as Austin has said) “a certain laxness in procedure is permitted, otherwise no university business would ever get done!”, and where a strict adherence to procedure, no matter how anal or obnoxious, is required.
I am reminded of this important distinction as the instructor smacks my shoulder for the fourth time today for referring to the flap lever as a flap handle, or the thrust levers as the throttles. Learning a new airplane is fun, and I have spent an inordinate amount of time proclaiming the importance of words and meaning. Still even a linguistics nerd like me is more than a little frustrated by the minutiae that we can get hung up on. I can appreciate the origin and necessity, and despise the outcome and how it impacts my life for the next month in training all at the same time.
Language literally creates, shapes, and defines our world. Searching for the original intent and meaning of language then, seems like a natural step toward serenity. One I’m excited to be taking and happy to share with you.
Thanks for joining me, stay safe and stay sweaty my friends.