clew's reviews: a book log

unavowable

I took this down with a note that it seemed to be an English legal term about debt. Google does not immediately succor me; 'unavowable' isn't in its dictionary.

I did find flights of Swinburnian swooning delight in despair on the topic - no, probably topos - taproot? Tipoff - of "unavowable communities"; as in a discussion of thing.net which heads itself with

"..the community of those who do not have a community." --Georges Bataille

"There is hope--but not for us." --Kafka

The Unavowable Community is a node of these discussions; much suggests that it is impenetrable French literary philosophy, except this comprehensible summary:

The Unavowable Community is an inquiry into the nature and possibility of community, asking whether there can be a community of individuals that is truly "communal." The problem, for Blanchot, is that the very terms of an ideal community make an "avowal" of membership in it a violation of the terms themselves.

As I understand this, if we really belonged, we couldn't choose to; and if we can't choose we can't vow. Religions attack this head-on, by confirmation, for instance; most families fail to (one hopes not to need to); in practice, I think states avoid the issue too: there's no alley-oop-in-free for treason committed by someone under the legal age of consent, is there?

Back to the original possible legal term: Dictionary.com does define 'avowable', in a straightforward way, as something that can be openly acknowledged. 'Avow' is etymologically related to 'advocate', vocation, call to the bar: there's a reference to Donne, who uses the term of doctors in Meditation IX:

They consult, so there is nothing rashly, inconsiderately done; and then they prescribe, they write, so there is nothing covertly, disguisedly, unavowedly done.

But where is the reference to debts? Better hint in the 1913 Webster, because it cites Blackstone:

Avowry....

2. (Law) To acknowledge and justify, as an act done. See Avowry. Blackstone

Avowry finally has something clearly to do with debt, and specifically with taking goods under Distress:

4. (Law) (a) The act of distraining; the taking of a personal chattel out of the possession of a wrongdoer, by way of pledge for redress of an injury, or for the performance of a duty, as for nonpayment of rent or taxes, or for injury done by cattle, etc. (b) The thing taken by distraining; that which is seized to procure satisfaction.

So perhaps an unavowable debt was one the creditor couldn't prove, if asked why he was making off with the furniture. I can't remember where I ran across the word, but it seems about right for (say) loans made to a minor, against a possible inheritance, with nothing written down. I found it in some Victorian novel, probably. I know I haven't been reading Donne's prose.

Neither the OED (1st ed.) nor Black's Law Dictionary (Abridged 7th Ed.) are much more specific about 'avowable' although the latter does subdivide 'distress', for instance to

distress damage feasant. The right to seize animals or inanimate chattels that are damaging or encumbering land and to keep them as security until the owner pays compensation.

So wrote clew in Word. | TrackBack