Blogger and Posner Differ Over Grammar Question, Agree on Pun

Judiciary

Blogger and Posner Differ Over Grammar Question, Agree on Pun

Posted Jun 30, 2008, 11:02 am CDT
By Debra Cassens Weiss

Blogger Howard Bashman and Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals are debating an issue, but it doesn’t involve a weighty legal question. Instead, it concerns a grammar question.

Now a linguistics professor is weighing in on the dispute, and he’s supporting Bashman’s view, Bashman writes on his blog How Appealing.

The dispute concerns this passage from a Posner opinion about whether an “ostrich” jury instruction was appropriate: “The reference of course is to the legend that ostriches when frightened bury their head in the sand. It is pure legend and a canard on a very distinguished bird.” Is the correct word “head” or “heads”?

Bashman politely questioned the use of the singular “head” in a post on June 25. Posner noticed, and sent an equally polite e-mail, saying, “Dear Prof. Bashman, to say ‘ostriches hide their heads in the sand’ would imply that each ostrich had more than one head.”

Now Bashman notes a blog entry on Language Log by linguistics professor Mark Liberman of the University of Pennsylvania. Liberman concludes that the plural “heads” is more widely used and clearer. Another jurist who used the plural construction is Justice Antonin Scalia, Liberman writes. In Lee v. Weisman, Scalia referred to President Bush’s request that those attending his inauguration “bow their heads” and pray.

Posner later posted a comment to this entry, which starts out: "I admit to being shaken, primarily by the awful thought of those poor ostriches sharing a single head among them. And here I was trying to enhance the ostriches' image. But seriously I don't think there's actually a rule, in English at any rate, or at least a simple either-or rule, to govern the choice between the singular and the plural."

Bashman and Posner agree on another issue: Posner’s reference to the “canard” about ostriches burying their heads is a humorous play on the word, which is derived from the French word for "duck." Posner added a P.S. in his note to Bashman, saying, “And yes, canards fly—glad you caught the pun.”

Updated at 4:28 p.m. to include Posner's additional comment.

Comments

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Posted by Chris - 2 months, 5 days, 21 hours, 33 minutes ago

I agree with Posner. I look at by trying to picture the scene that Posner was trying to paint—that of a lone ostrich putting his head in the sand. By picturing one ostrich you would only have one head, thus not heads. However when discussing ostrich in general you might want to say heads… Tough, but an extremely important topic. : )
Posted by jjjddd - 2 months, 4 days, 23 hours, 27 minutes ago

Judge Posner should have simply re-cast the sentence as follows: “The reference of course is to the legend that [an] ostrich[,] when frightened[, will] bury [its] head in the sand.” This way, one avoids the entire “its” v. “their” controversy. Of couse this locution raises another problem: Is an ostrich of unknown sex a “he,” a “her” or an “it”? I went with “it” because an ostrich is an animal (yes, birds are animals), but an agument could be made that in English, if a being is of unknown sex, the correct pronoun is “he.” And to avoid the use of the male pronoun, and thus avoid offending the sensibilities of some, we end up with the rampant misuse of “they” and “their.”
Posted by K. - 2 months, 4 days, 5 hours, 18 minutes ago

I’m surprised by two aspects of this topic. Keeping in mind that is is Judge Posner, the widely respected prolific writer. It surprises me 1) That Posner would make a rather basic grammar faux-pas and attempt to defend it; and 2) That he went that far for a lame joke.
(That canard did not “fly.” It limped, at best. Definitely lame.)
Posted by blackburn rfc - 2 months, 4 days, 3 hours, 3 minutes ago

jjjddd, thanks for taking a stand on the controversial topic of whether or not birds are, in fact, animals. I was on the fence about that one. Sheesh.
Posted by Motty - 2 months, 4 days, 2 hours, 21 minutes ago

To really wrap our mind around this one, we’ll all need to put our head together. I tend to favor Posner, but I think both legal scholars are wasting their times. Maybe they should spend less time staring at their computer and more time talk to their wife.
Posted by Motty - 2 months, 4 days, 2 hours, 20 minutes ago

Pardon me, talking *to* their wife.
Posted by **LUCID LITERATI** - 2 months, 4 days, 1 hour, 34 minutes ago

Judge Posner done defended hisself good and is a genius and funner than all of you’s.
Posted by jjjddd - 2 months, 4 days, 1 hour, 29 minutes ago

To #4: it was just a joke. Sheesh backatcha.
Posted by admin - 2 months, 4 days, 1 hour, 26 minutes ago

Somebodies please reply and/or respond to #7.
Posted by stayathomeuncle - 2 months, 4 days, 1 hour, 11 minutes ago

I need a job. Anyone hiring?

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