The Volokh Conspiracy
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The Violence of Two Words
The ambiguities of "brickbat" and "potshot"
At the Assizes in Salisbury in 1631, a prisoner threw a brickbat at the judge, and it narrowly missed. The judicial response to this contempt of court was gruesome and can be described as judicial murder. What exactly did the prisoner do? The Shorter OED defines "brickbat" this way: "a piece of brick, esp. one used as a missile; fig. an uncomplimentary remark." (I recognize of course that looking into a twenty-first century dictionary does not do much to determine the usage of a seventeeth-century word, especially when as here the word was not even in English but in Law French. But I digress.)
As violent and harsh as the judicial response was, it still appears different based on how we resolve what might seem from our vantage point to be a verbal ambiguity. Was the prisoner executed for attempted murder? Or was the prisoner executed for an oral retort?
I thought of that ambiguity this morning when I was looking up the word potshot. It seemed like the right word for a sentence, but I wasn't certain, so I went checking. The Shorter OED gives three senses. The first was hunting for food (a shot for the pot), which meant one didn't have to follow the rules of the sport. The second is a random shot (and here "shot" is still in a literal sense, a shot with a firearm or perhaps a bow), "esp. unexpectedly or without giving any chance for self-defense." The third sense is "a piece of esp. random or opportunistic criticism." This third sense, I hasten to add, is how I was using the word.
It's interesting to think about how these three senses might have been related. We can speculate about the historical progression. It's easy to see how the usage in this second sense might develop out of the first: the first combines a positive (for food) with a negative (not according to rules or norms); in the second sense the particularity of the positive is falling away (random, not just for food) but the negative aspect is still there (not according to rules or norms, maybe softened now to conventions and expectations). And once the second sense is there, it's easy to see how you would get the third, metaphorical sense. The metaphor would be quite different if it was closely tied to sense one (i.e., if sense two had never developed and the jump had been from one to three).
What is the point? It's the importance of context. Nothing about the word brickbat tells you what the prisoner did in the summer of 1631 in Salisbury. Nothing about the word potshot tells you, in 2021, whether someone is using the word metaphorically of a critic or unmetaphorically of a sniper. (Context, context, context is a point on my mind, because today I am working on edits to The Mischief Rule.)
But let me push the point slightly further. If we have an account of two people who are, in 2021, going hunting, and the literary text is full of words that are connected to hunting, firearms, etc., and then the text says that one of them "took a potshot at their friend Bill," was the shot literal or metaphorical? I think the probability of it being a metaphorical shot is almost 100 per cent. For an American English text in 2021, unless it is written coyly (with the reader expected to think one thing is happening, perhaps until the denouement of the story, while really something else is happening), the burden would overwhelmingly be on the author to clarify that she means a literal potshot. The expectation that a potshot at a person will be metaphorical is very, very strong. And that is so without any regard to syntax. And without any regard for whether the text has a profusion of vocabulary that fit the more literal senses.
In other words, context matters, but (in this instance) what is needed as context is not the appearance or prevalence of words in a certain semantic field, or even a knowledge of what activity the characters are involved in. Instead I'm suggesting that for a human target of a potshot we have now almost a kind of clear statement rule, one that has developed without any sharp moment of promulgation. My last speculation: it may be that potshot seems slightly playful, not quite serious, and so we attach it to verbal aggression instead of physical aggression. Perhaps that is because of its rhyme (which might then be tied into shifting cultural perceptions of the significance of rhyme, given twentieth-century changes in poetic form). But that is now speculation on top of speculation.
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" in the second sense the particularity of the positive is falling away (random, not just for food)"
The second sense, the randomness isn't about purpose/motive, but aim. A potshot in this sense is a quick shot fired off without careful aim (point and pray).
"...hunting for food (a shot for the pot), which meant one didn't have to follow the rules of the sport."
I don't know any wardens who'd accept that excuse.
But the best example I've ever seen of an author meaning something like this literally and giving the illusion of it metaphorically is in the ending of Bill Weld's first book, Mackeral by Moonlight where you have to read it three times to realize that yes, he really shot him.
So, Humpty Dumpty was right?
I disagree with your example. I would assume it was a literal potshot, unless the aftermath showed otherwise, or the context showed that they were close enough friends that they were unlikely to shoot at each other. And I would advise the writer to use "verbal potshot" in such a context, so the meaning would be clear. Of course if it were in court, or at a press conference, I would assume the potshot was verbal.
I disagree with your disagreement 🙂 -- By the very fact of two hunters, I would assume they were friends out together, or it was at least a chance encounter of the friendly sort. To assume that two hunters, meeting by chance, instantly have enough enmity between them for one to literally shoot near the other assumes a remarkably poor opinion of hunters, and makes me think you hate guns enough to always assume the worst when guns are involved.
Say what? What on earth makes you think I hate guns? When I am told that someone with a gun is taking potshots I assume the word is meant literally; if it were meant metaphorically that should have been explained.
Why do you jump to the conclusion of physical gunshots when two friends are together?
Because the literal meaning of this word is the standard and default meaning, unless the context makes it clear that that is not what was meant. And supposed friends have been known not to be as friendly as they were supposed to be.
Who is running the pool on how soon Cleta Mitchell expands her employment horizons (after being caught on tape squandering her firm's reputation on yet another sketchy right-wing voter suppression misadventure)?
No free swings, clingers.
What would be more interesting is a pool on whether or not Kirkland has any viable life skills. Or wears skinny hipster pants. Or has a man-bun. Because, honestly, it almost never never has anything interesting to say; its ego approaches Trump's, Obama's, Hillary's, but at least they all held high office.
He's older than you think and you should try just not replying to him. Read his posts, remember he's been ass-mad on the internet at a few law professors for a long time, chuckle to yourself at his sad obsession, and move on.
That wasn't a reply. and, yes, I know he's not a millennial.
May the better ideas win.
And no free swings, clingers.
Spoiler alert, the English translation of the law reports from 1631 says that the brickbat "narrowly missed", which suggests that something was thrown literally.
https://www.alvaradosmith.com/wp-content/uploads/2014/08/Summary-Contempt-and-Due-Process.pdf
Literally in the first sentence of the post.
(I agree that it seems to resolve any ambiguity.)
So many terms we use every day in this internet age have colloquial origins. In the early years I thought people were making jokes when in fact these were serious terms used to describe actual things. And then they would actually joke. I couldn’t tell which words were jokes and which were real.
I must disagree with your characterization of the judge's response as "judicial murder." The prisoner had been found guilty of a felony, and as such was already condemned to death. The judge's actions, to have the prisoner's right hand (the one I assume hurled the brickbat) cut off, nailed to the gibbet, and the prisoner promptly hanged, can at worst be described as hastening the inevitable.
1631 would have been a little early for this to be even somewhat likely, but a decade later he could have instead been transported instead of executed.
Concerning D. Scalia’s rejection, maybe there's another reason.
The original "mischief" may no longer be valid, and instead a new mischief might be covered.
In Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), Justice Scalia, writing for a unanimous Court, declared that “statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.” Id. at 79.
Yes, the man sure had a way of making question-begging sound wise...
Prof Bray, are you using sniper in the sense of skilled marksman, or one who hunts snipe? The latter takes skill, and is what led to the term being used for the former occupation, but it is a rather nice pun when taking potshot in the literal into account.
Yes, context is everything. Here's an example:
Some friends of mine have a sign in their kitchen that says: "You only live once - go ahead and lick the bowl."
Move that sign to the bathroom, and it may well be taken out of context.
Context, context, context. Were you writing about hunters in Idaho, during the 1970s, confidence that it was a metaphorical potshot would have been misplaced. To be sure, the metaphorical meaning would be by far the more likely. But there and then, the other literal meaning too often seems to have applied.
At that time in Idaho, hunting fatalities per year were running into the 7–10 range. The Fish and Game Commission distributed press releases, summarizing circumstances—appalling circumstances, suggestive of deliberate killing, sometimes. Two that I have not been able to forget:
A middle-school-aged girl, waiting for her school bus at the edge of a major—but remote and lightly traveled—state highway. Shot dead by a hunter. Mistaken for game.
A couple of hunters, one of whom wandered into a clearing, and sat down on a tree stump, wearing his hunting vest. Whereupon, in full daylight, his hunting partner shot him from behind, right between his blaze orange shoulder blades. Mistaken for game.
I hunted a lot in those days. I tried hard to figure out some innocent way a hunter could have done either of those killings. I couldn't come up with it. The explanation closest to innocence was drunkeness, but that wasn't mentioned in either instance. If it had been, I would still have struggled to understand how being drunk could make a school girl look like a mule deer.
I concluded, and still believe, that there are some people—more than a few of them—so mentally disordered that if you put a gun in their hands, the discipline to not shoot just fails, and they give in. Mostly, they are the ones who riddle traffic signs and agricultural buildings throughout the West. They just want to shoot. Sometimes, rarely, that impulse turns deadly.
If your policy is to arm everyone, you include among the armed a notable fraction of the feckless, the disordered, and the insane. That statistical reality should never be discounted to zero. However unlikely bad consequences may be, they are too often uncommonly grave. It is an unavoidable corollary of the policy.
"was the shot literal or metaphorical?"
What if one of them is Dick Cheney?
I think the inference that "potshot" is metaphorical does stem from context -- specifically, the story's context suggests camaraderie between the two hunters (it even specifies "his friend"), and it seems much more likely (absent further clarification) that two friends out hunting might engage in some light verbal sparring than actually trying to murder each other. Even tweaking the story lightly to suggest a form of animosity -- "Bill and Ted were always rivals, and so when Bill tripped over a stray branch while hunting, Ted seized the opportunity to take a potshot at him" -- I think creates a lot more ambiguity (without satisfying the "clear statement" rule).
Consider the following as an alternative: "There little action on the battlefield today. Mostly, soldiers traded periodic potshots at one another across neighboring trenches." Here, while it's not impossible that "potshot" is metaphorical (soldiers have been known to toss verbal jokes and insults at one another across the trench lines), my strong inference is that potshot is literal, since in context (of a battle) it seems more likely they are trying to kill each other -- though again, I wouldn't say the inference that potshot is literal can be said to emerge from a sort of "clear statement" interpretation.