Legal Definitions - borg

borg

In historical Scots law, the term borg referred to either:

• A valuable item or asset deposited as a guarantee or security, particularly to ensure someone's appearance in court or the fulfillment of a financial obligation.
• The individual who provided such a guarantee or acted as a surety for another person.

Here are some examples illustrating the use of borg:

• Example 1: In 17th-century Scotland, if a merchant was accused of failing to deliver goods as promised, a relative might offer their prized silver chalice as a borg to ensure the merchant would appear before the magistrate to answer the charges. If the merchant fled, the chalice would be forfeited.

  Explanation: Here, the silver chalice serves as the "thing deposited as a security" to guarantee the merchant's court appearance.

• Example 2: A landowner in the Scottish Highlands might act as a borg for a tenant who needed a loan from a local moneylender. The landowner would personally guarantee the tenant's repayment, meaning if the tenant defaulted, the landowner would be responsible for the debt.

  Explanation: In this scenario, the landowner is the "surety" or the person providing the guarantee for the tenant's loan.

• Example 3: When a craftsman was commissioned to build a specific piece of furniture, he might be required to provide a small parcel of land as a borg to assure the patron that the work would be completed to satisfaction and on time. If the craftsman failed, the land could be claimed by the patron.

  Explanation: The parcel of land functions as the "thing deposited as a security" to ensure the craftsman fulfills his contractual obligation.

bork

The term bork, originating in U.S. political discourse, describes the act of intensely scrutinizing and ultimately rejecting a presidential nominee, particularly for a judicial position, often due to their perceived ideological extremism or unsuitability. It can also refer to the organized effort by activists to achieve this rejection, or more broadly, to damage a political opponent's reputation.

Here are some examples illustrating the use of bork:

• Example 1: A President nominated a highly qualified individual for a key cabinet position. However, a coalition of opposition groups launched a coordinated media campaign, highlighting controversial statements the nominee had made years ago and questioning their fitness for office. Facing intense public and senatorial pressure, the nominee ultimately withdrew their name from consideration.

  Explanation: This illustrates the act of "borking" a nominee, where a concerted effort led to their rejection or withdrawal due to a campaign questioning their suitability.

• Example 2: During a contentious election, a political party decided to "bork" their opponent by extensively researching their past business dealings and personal life, then releasing a series of negative advertisements and news stories designed to discredit their character and undermine their public support.

  Explanation: This example demonstrates the broader application of "borking" as a strategy to smear or damage the reputation of a political opponent.

• Example 3: An advocacy organization, concerned about a President's nominee for a federal judgeship, initiated a grassroots campaign. They organized protests, sent out mass emails, and ran online ads urging senators to vote against the nominee, arguing that their judicial philosophy was out of step with mainstream legal thought and would harm specific civil liberties.

  Explanation: Here, the advocacy organization is actively engaged in the process of "borking" the nominee by pressuring senators to reject them based on their legal philosophy.