[HN Gopher] Ancient law requires a bale of straw to hang from Ch...
       ___________________________________________________________________
        
       Ancient law requires a bale of straw to hang from Charing Cross
       rail bridge
        
       Author : alexbilbie
       Score  : 133 points
       Date   : 2025-05-22 08:52 UTC (1 days ago)
        
 (HTM) web link (www.ianvisits.co.uk)
 (TXT) w3m dump (www.ianvisits.co.uk)
        
       | ianbooker wrote:
       | The article states that the purpose of this is "lost to time". I
       | can image that by now its function is equivalent to a "brown M&M
       | clause".
        
         | iainmerrick wrote:
         | I'm a bit bemused at that "lost to time", as _immediately
         | before that_ it says:
         | 
         |  _The law requires a bale of straw to be hung from a bridge_ as
         | a warning to mariners _whenever the height between the river
         | and the bridge's arches is reduced, as it is at Charing Cross
         | at the moment._
         | 
         | That seems clear enough! OK, the reason why it specifically has
         | to be a bale of straw isn't obvious, but apart from that it
         | seems very reasonable, just outdated.
         | 
         | Edit to add: straw does make sense as a makeshift crash barrier
         | -- you'll notice if you hit it, but hopefully won't actually
         | damage your ship. It seems like you would always just plough
         | through and hit the actual bridge, though.
        
           | raverbashing wrote:
           | Yeah it's amazing (in a bad sense) how those bridge too low
           | warnings are ignored most of the time
           | 
           | Well of course when you get stuck then it's too late.
        
             | potato3732842 wrote:
             | They get ignored because there's a fudge factor built into
             | them.
             | 
             | Some states (IL in particular) have absurd fudge factors,
             | so you have 14ft spaces signed as 12.xx and 13'6" trucks
             | drive under them all day every day like it's nothing which
             | basically trains them to ignore the signs.
             | 
             | And that's before you consider all the drivers who can't
             | read english at road speeds so anything that isn't the
             | standardized yellow sign right on/beside the object is
             | going to go unnoticed to them a large amount of the time.
        
             | tomxor wrote:
             | Similar to how people will read a temporary hand written
             | sign on a door, but filter out a (newly placed)
             | professionally made sign, because the latter looks too
             | permanent.
             | 
             | If something has _changed_ , using something out of place
             | or temporary in appearance seems to be the most effective
             | way of getting human attention... A bale of straw feels
             | like it fits the bill.
        
               | mnw21cam wrote:
               | Absolutely. A straw bale hanging from a bridge over a
               | river is an anachronism. It doesn't normally belong
               | there, and it's more likely to be noticed than a literal
               | notice.
        
           | tlb wrote:
           | Bales of straw are a cheap, large, soft object you could
           | always find nearby in the pre-motor car days. I can't think
           | of a better object to require.
        
           | bombcar wrote:
           | Why does everyone think it's something to run into?
           | 
           | At night it's a light. It's obviously a notification system.
           | You visibly see the bale of straw before you get to the
           | bridge and you know to slow down and stop and investigate
           | what the clearance issue is.
        
             | woleium wrote:
             | Yes, a bale of hay used to be a warning of something to
             | look out for on the road ahead
        
         | guerrilla wrote:
         | In case anyone else forgot what that means.
         | 
         | > The "brown M&M clause" was a specific contract requirement by
         | Van Halen that demanded all brown M&Ms be removed from a bowl
         | of M&Ms provided backstage before their performances. This
         | clause was not a frivolous demand but a way to test if the
         | concert promoters had read the entire contract carefully. If
         | brown M&Ms were found, it indicated that other important
         | technical details might have been overlooked, which could pose
         | safety risks for the band and the audience.
        
           | theshrike79 wrote:
           | And an additional note: The Van Halen show wasn't a few dudes
           | with guitars and a set of drums going around in a van.
           | 
           | It was a massive display of pyrotechnics and staging - the
           | requirements in the rider weren't there for fun, it was for
           | actual safety.
        
             | guerrilla wrote:
             | Are you young? I would think that is common knowledge. No
             | offense, genuinely curious. Sounds like I must be getting
             | old.
        
             | red_admiral wrote:
             | Didn't they also specify something like a 20 ampere widget
             | plugged into a 10 ampere cable or something? If no-one
             | questioned that, they'd hire or bring their own electrician
             | to check absolutely everything with a cable near it. (That
             | might have been another band, it was a long time ago I read
             | this.)
        
           | gcanyon wrote:
           | There's a further aspect (supposedly): the brown M&Ms was
           | listed in the pre-check conditions, and the contract stated
           | that if any of them were found to not be in compliance then
           | the Van Halen team had the right to force checks on any/all
           | of them for compliance. So if they found the brown M&Ms it
           | gave them the contractual right to demand that other, more
           | impactful, requirements be (re)checked for compliance.
        
           | CPLX wrote:
           | You know I've seen this explanation a million times for
           | decades and it's always just a tiny bit wrong.
           | 
           | It's a small distinction, but actually if the band showed up
           | and found all the brown M&Ms still there the plan would have
           | already been a failure.
           | 
           | The reason it was in the contract was to make sure the
           | promoter had _read_ the contract before signing it and
           | understood what they were getting into.
           | 
           | Band riders are almost invariably redlined. Bands ask for all
           | sorts of crazy shit and you cross out stuff you can't provide
           | or give a substitute brand name (like if the venue has an
           | exclusive vendor relationship with Coke instead of Pepsi
           | stuff like that) and then you work out any kinks and finalize
           | it.
           | 
           | The reason to put the M&M clause in there is _to get the
           | promoter to strike the clause during the contracting process_
           | because any competent promoter will read every line carefully
           | and strike something like that.
           | 
           | So when they do you know they read it and know what they are
           | doing are comfortable signing a deal with them.
           | 
           | You would never want to be arriving at the venue with the
           | clause still in force, that's a sign you have a larger
           | problem.
           | 
           | Source: I was a concert promoter in the 90's
        
             | lmm wrote:
             | Roth's own statements in his autobiography ( as quoted on
             | https://www.snopes.com/fact-check/brown-out/ ) contradict
             | that; they were playing in universities and the like that
             | weren't used to hosting big technical band shows and
             | probably didn't have dedicated band promoters in that era.
        
             | IAmBroom wrote:
             | It's both. Compliance statements don't prove that something
             | will be complied with; they prove intent to do so. On-site
             | test proves it was complied with.
             | 
             | Source: I am a systems engineer.
        
             | red_admiral wrote:
             | It's rarely a brand issue with M&Ms though? I'd expect a
             | competent promoter would read it and charge a reasonable
             | amount for that line item. Band asks for crazy shit, you
             | quote an almost-crazy price for it.
        
             | frederikvs wrote:
             | Removing the brown ones from a bowl of M&Ms is a 5 minute
             | job that can be handled by anyone. I would expect a lot of
             | people would go "well that's a bit eccentric, but if it
             | makes the band happy, why not".
             | 
             | I doubt the band would say "you didn't redline this weird
             | but inconsequential request, we can't work together.
             | 
             | If they wanted to be sure the redlining process worked,
             | they should have put in something like "remove all fire
             | extinguishers from backstage".
        
       | comrade1234 wrote:
       | I should patent my tennis ball-on-string solution for the same
       | thing.
        
       | dismalpedigree wrote:
       | This is why laws should have sunset clauses
        
         | sandworm101 wrote:
         | Sunset? So that after a few years people can do work on bridges
         | without having to put up warnings? In a modern context, we
         | wouldn't sunset a law saying that traffic lights be green and
         | red, even though maybe in a few years we might want orange and
         | pink. You dont mess around with safety warning standards.
        
           | potato3732842 wrote:
           | If the law is actually valuable and there is political
           | capital for its continuation then surely the legislative body
           | can vote to extend it with minimal fuss.
        
             | looperhacks wrote:
             | If the law is useless and there is political capital then
             | surely the legislative body can vote to abolish it with
             | minimal fuss.
             | 
             | A bit tongue in cheek, of course - but I can't image the
             | amount of unnecessary work regular continuation of _every_
             | law would cause. Time limits on laws are already a thing,
             | but it shouldn't be a default.
        
             | TRiG_Ireland wrote:
             | What you're suggesting is that if the government is
             | dysfunctional, useful safety standards get abolished. That
             | seems counterproductive.
        
           | Ekaros wrote:
           | You do not remove them. But you should change them when
           | environment changes. Straw bale was decent indicator back in
           | the day. But I think there should be some more modern and
           | even global standard that law could be changed to. And this
           | should be done with reasonable planning, schedule and
           | communication.
        
             | maratc wrote:
             | Decent indicator of _what_?
             | 
             | It could be, to the contrary, that the legislators have
             | come up with "straw bale" as something that simply _does
             | not belong under the bridge_ , in order to raise the brows
             | of the people navigating the river, and make them wonder
             | what's going on, all that in order to draw their attention.
             | If so, it serves its purpose _even more_ as straw bales are
             | getting less common.
        
           | johngladtj wrote:
           | We absolutely should sunset those laws.
           | 
           | If they are needed they can be voted upon again by
           | parliament, and will no doubt pass.
           | 
           | In fact I would say not only should all laws have built in
           | expiration dates, such expiration dates should be shorter the
           | lower the percentage of votes in parliament it too to pass
           | them!
           | 
           | If you can only get a 51% majority in parliament to pass a
           | law, that law should not exist beyond that election.
        
             | kelseyfrog wrote:
             | I see you've never played Nomic. Laws that automatically
             | self-destruct are a very clever way to create the
             | conditions needed to win the game. You should try it some
             | time.
        
             | twixfel wrote:
             | Sounds like a huge waste of time to me.
        
         | tbrownaw wrote:
         | > _should have sunset clauses_
         | 
         | That would be the extra lights that have to be turned on at
         | night.
        
         | arp242 wrote:
         | They can just change the law?
         | 
         | I suspect the reason it's not in this case is because it's kind
         | of an endearing tradition that people like. I don't think you
         | can say much about "the law" in general based on this case.
        
         | layer8 wrote:
         | The law does say that the bale of straw is to be replaced or
         | supplemented by a white light at sunset.
        
       | metalman wrote:
       | This is a good reminder of how law is actualy created and works,
       | and the what our legal foundations are, including the laws
       | governing our rights and responsibilitys. The real thing to
       | understand is that all law is arbitrary, and whatever possible
       | balance and measure is included in existing law, and discussions
       | about change and reform are always predicated on some imagined
       | "justice" to be had, but no matter how "just" or logical a law,
       | someone still has to impliment and administer it, and there in
       | lies the trap, so sticking to an ancient precident speaks volumes
       | about the form that those laws will follow, and how to function
       | inside that legal system. Another recent hint, was an article,
       | here?, about ancient water pumps scattered about greater London,
       | digging there will likely reveal that those pumps have and
       | represent a primary right to water that can not be
       | removed......or ignored...much like the many scattered temples
       | and shrines in Japan where fantastic acomodations in modern
       | building and construction have been made in order to build
       | around, but not over, these structures that have precidence.
        
         | card_zero wrote:
         | This one: https://news.ycombinator.com/item?id=44024278
        
         | eleveriven wrote:
         | It reveals something deeper about how legal systems evolve (or
         | don't).
        
       | maratc wrote:
       | That's the British system working as designed. If there's a law,
       | no matter how ancient, the British should comply. If a law needs
       | to be changed, that's the Parliament's job.
       | 
       | Even the British courts, in sharp contrast to many other places,
       | "deliver the law as it is, and not as we wish it to be" -- see
       | for example [0] or [1].
       | 
       | [0] https://en.wikipedia.org/wiki/Ashford_v_Thornton
       | 
       | [1] https://en.wikipedia.org/wiki/Owens_v_Owens
        
         | breggles wrote:
         | So, the full clause reads:
         | 
         | "When the headroom of an arch or span of a bridge is reduced
         | from its usual limits but that arch or span is not closed to
         | navigation, the person in control of the bridge must suspend
         | from the centre of that arch or span by day a bundle of straw
         | large enough to be conspicuous and by night a white light."
         | 
         | Does that mean the law is not being complied with, in this
         | case, since the bales are hanging from adjacent bridges, not
         | the "centre of that arch or span" itself?
        
           | maratc wrote:
           | I think you'd need a couple of "solicitors" -- or maybe even
           | "barristers" -- to decide on that. I'm neither :)
        
           | ipsin wrote:
           | Thanks, I was annoyed that the article didn't cite the actual
           | law in question, but the BBC comes in with "Port of London
           | Thames Byelaws, clause 36.2"
           | 
           | https://www.bbc.com/news/articles/cmlrx89jdv2o
        
             | maratc wrote:
             | The BBC also didn't call it "ancient," which would be
             | questionable considering that the law is from 2012.
        
               | alexbilbie wrote:
               | Its an ancient practise, codified into law in 2012 when
               | the regulatory framework was re-codified from multiple
               | laws like Port of London Act 1908 as well as time
               | immemorial acts like this.
        
               | danans wrote:
               | According to the article the original practice is
               | medieval, not ancient. It's colloquial usage of "ancient"
               | as in "my car is ancient" is a bit odd.
        
               | gjm11 wrote:
               | Fun fact: in English law "time immemorial" has a very
               | specific meaning: it means "any time before 1189". See
               | https://en.wikipedia.org/wiki/Time_immemorial for more.
        
           | red_admiral wrote:
           | Delays due to trucks striking bridges are a worldwide
           | problem, at least in countries with railroads. Despite yellow
           | black striped reflective panels and height warning signs and
           | sometimes height detectors that trigger flashing red lights.
           | 
           | Perhaps we should try a bale of straw next.
           | 
           | The London Blackwall tunnel has a more modern take on
           | checking height: https://maps.app.goo.gl/b5P5Td1hsuSjLU3w8
           | traffic signals, barriers like at a railroad crossing, giant
           | panels across the road at height, and a police car on standby
           | to pull out and fine anyone that doesn't read the signs - I
           | presume this happens often enough that they can justify the
           | cost.
           | 
           | But then the bale of straw applied to ships not vehicles and
           | bridges not tunnels.
        
             | walthamstow wrote:
             | Your link shows the Dartford Crossing, an M25 bridge miles
             | downstream of the City. The Blackwall Tunnel runs under the
             | Thames at Greenwich and afaik just has the old school
             | hanging metal blocks at height
             | https://maps.app.goo.gl/N5xSF148ggLVTDtS8
             | 
             | It doesn't surprise me too much that police are on standby,
             | a closure of either tunnel or bridge has a major effect on
             | traffic all over London
        
               | peteri wrote:
               | There are additional traffic lights on the blackwall
               | tunnel further in and a slip road out that can be used
               | for overheight vehicles. I do remember having a 10-15
               | minute wait once while they sorted things out when a
               | lorry driver got caught.
               | 
               | I'd have a feeling there are automated signs prior to the
               | tunnel (or at least used to be) but I've not been through
               | the tunnel for a year or so and things will have changed
               | with the Silvertown tunnel opening.
               | 
               | I have seen someone not paying attention at the
               | Rotherhithe tunnel and the roof of their van was a mess
               | (and they're going to pick up a fine probably due to
               | restrictions, the 2 tonnes gross weight limit is lower
               | than a lot of van drivers expect)
               | 
               | Edit there were:
               | https://maps.app.goo.gl/MP7fkhS394DJPQaZ9 If you zoom in
               | you can see the overheight vehicle warning.
        
               | red_admiral wrote:
               | I presume the Blackwall one is that unlit LED sign just
               | at the start of the off-ramp. Then there's another set of
               | height detectors on the same post to catch out anyone
               | who's still not paying attention.
               | 
               | I question who approved that the main lanes ahead of your
               | link have 2.8m/9ft limits but the police warning says
               | vehicles over 4m/13ft will be stopped. Can I take my 10ft
               | truck through or not?
               | 
               | I'm starting to feel a tiny bit of sympathy for drivers
               | that get confused by this.
        
               | red_admiral wrote:
               | You're right of course.
               | 
               | Blackwall seems also to have two sets of lights and
               | barriers, and an off-ramp in between. That's probably for
               | fire safety too to close and evacuate the tunnel and get
               | the emergency services in, but I imagine it's used for
               | height detection too if a loud CLUNK on your truck cabin
               | isn't enough.
               | 
               | As an aside, the person who signed the original heights
               | as (13ft)(4m)(9ft)(2.8m) needs to learn a bit about UI
               | design. Yes, two lanes, but the gap between the central
               | two signs is far smaller than to the other sign for the
               | same lane. Also 4m is just over 13 ft 1 inch, which
               | there'd be space to include as there's already a 0 on the
               | leftmost sign (and from the rightmost we see that
               | decimals are allowed on signs). Guess we're going to rely
               | on the CLUNK after all.
        
             | pjmlp wrote:
             | In Germany even this wasn't enough, in a couple of bridges
             | they had to constrain the road leading to the bridge in a
             | way that only small cars would still be able to reach the
             | bridge under repairs.
             | 
             | I also imagine it wasn't cheap doing this, but apparently
             | as long as people can get away with something there is
             | always those that will try, regardless of how it impacts
             | others.
        
               | oniony wrote:
               | https://youtu.be/ImU1mG7QC4I?feature=shared
        
         | dghf wrote:
         | In what places do courts ignore or modify law to deliver the
         | result they prefer?
         | 
         | (To be precise: where is that accepted practice, rather than
         | aberrant behaviour by some judges?)
        
           | maratc wrote:
           | Usually the judges do not "ignore or modify" the law, but
           | rather "interpret" it in a creative manner. You might use, as
           | an example, the question of "does the US Constitution
           | guarantee the women a right to abortion." Some judges decided
           | that it does, later some other judges decided that it does
           | not. Considering the opposing outcomes to the same question,
           | it's clear some of these were wrong.
        
             | userbinator wrote:
             | In the US, it's usually _enforcement_ that 's ignored.
        
               | AngryData wrote:
               | That is why everything is illegal 3x over. If they don't
               | like you, you get farked. If they like you, they just
               | ignore it.
        
             | ljm wrote:
             | Letter of the law vs. spirit of the law.
             | 
             | One could argue that 'a corporation has personhood' is a
             | technical contrivance that tries to manipulate the letter
             | of the law into achieving a particular outcome. Going with
             | the spirit of the law instead, that argument would never
             | hold water.
        
           | davidw wrote:
           | The Supreme Court in the United States has been playing a
           | looooot of "Calvinball" recently. They've never been
           | completely immune from it, but it has gotten a lot more
           | nakedly political.
        
             | DoingIsLearning wrote:
             | Off topic but I am now old enough that more than once
             | Calvinball references were lost with my co-workers.
             | 
             | I was surprised (and then sad) at the realization that Bill
             | Watterson is fading from the cultural ethos as I age.
        
               | sethammons wrote:
               | I've noticed similar. I quote lots of movies, usually one
               | liners as appropriate. Between age and less uniform media
               | exposure, my references more often than not fall flat.
               | And I feel less connected.
        
               | TheOtherHobbes wrote:
               | If you talk to anyone under 30, there's a vague sense of
               | 'the past' with a few landmark events - mostly Star Wars,
               | Pokemon, Miyazaki. Beyond that it's all recent comics,
               | superhero movies, video games, and anime, with a big
               | subculture stanning book trends like romantasy.
               | 
               | Most of what happened before 2000 doesn't seem to exist
               | in cultural memory.
               | 
               | It's not quite true that nothing that happened before
               | 1950 exists at all. But you're not going to find many
               | people who are interested in the art, music, literature,
               | design, or architecture of earlier decades - never mind
               | centuries.
               | 
               | It's as a big a break as there was in the 60s. For that
               | generation the 50s were still an influence, but anything
               | earlier pretty much just disappeared.
        
               | card_zero wrote:
               | I guess the sense of a rubicon at the end of the 40s was
               | due to WW2, but why at the year 2000? Because phones? Or
               | big round number effect, perhaps? The year 2000 was built
               | up in our minds as when the future was expected to begin.
               | (Every new gadget produced around 1990 was the
               | Something2000. CarVacuum2000, Ionizer2000,
               | SuperShoehorn2000, etc.)
        
               | bmacho wrote:
               | > And I feel less connected.
               | 
               | Watch whatever today's kids watch.
        
               | card_zero wrote:
               | The "less uniform media exposure" phrase invokes the
               | (paranoid?) fear that we might lose common cultural
               | reference points. In short, today's kids watch whatever.
               | Though I'm sure we'd just find a new social script to
               | work around the inability to quote Python.
        
               | mionhe wrote:
               | I like to use the phrase "skibidi" wrong. My kids make
               | the greatest faces.
        
               | bregma wrote:
               | Gone are the days when everyone was spammed with Monty
               | Python references. The Gen-Zs in my office haven't even
               | heard of, let alone viewed, the Holy Grail so half the
               | references our boss lays out are lost on them. At least
               | it's not dead yet.
               | 
               | On the other hand, I had to ask them what a Kirby was.
               | I'm still not sure but I know it's pink.
        
               | eadmund wrote:
               | > At least it's not dead yet.
               | 
               | It's pining for the fjords!
        
               | alnwlsn wrote:
               | Interesting, at least 10 years ago, everyone in my school
               | knew Monty Python. Maybe that's because it was on Youtube
               | at the time. Not really the case anymore; some is still
               | there but a lot has been removed - you're not going to
               | find 'Holy Grail part 1/11' these days.
        
               | aaronbaugher wrote:
               | That's sad. It's not like when I was watching Holy Grail
               | in the late 80s it was in theaters, and the "effects"
               | weren't good enough when it was made to become dated. We
               | watched it and lots of other stuff on VHS because it was
               | good, regardless of when it was made.
               | 
               | I suppose some of the jokes depend on cultural things
               | that might not be taught as well anymore, like the Trojan
               | Horse. But most of it is about human nature, so it seems
               | like that should hold up.
        
           | mschuster91 wrote:
           | That's common in both European courts (look at e.g. the
           | history of homosexual marriages in the EU) and in the US
           | ("Citizens United").
           | 
           | The core issue is that no Constitution, in fact no law or
           | decree at all can account for all possibilities that real
           | life offers, and so all the bodies of law are up for
           | interpretation all the time.
        
             | teamonkey wrote:
             | This is also the case in the UK. Where things are not
             | crystal clear they are interpreted by judges and can become
             | precedent (see the recent "definition of a woman"
             | interpretation).
             | 
             | The issue highlighted by, say, the Owens vs Owens example,
             | is that the law as it stood was clear and not open to
             | interpretation, though obviously unfair. The law needed to
             | be _changed_ , which required parliament.
        
           | wisty wrote:
           | The US.
           | 
           | There are vague rights in the constitution.
           | 
           | It could be a disaster for the courts to interpret them too
           | literally (Is literally any weapon OK in the 2nd? Does free
           | speech include a mob boss ordering a hit?) and constitutions
           | are really hard to amend, so heavy interpretation is a
           | nessessary evil.
        
             | wirrbel wrote:
             | That is an interesting example because the second amendment
             | is I think a primary example of a law that is very
             | creatively read by folks that consider themselves
             | literalists.
             | 
             | if the 2nd amendmend was literally interpreted it would be
             | (quoting from memory) "in order to form a well-ordered
             | militia the right to bear arms shall not be infringed"
             | 
             | As in you cannot infringe the right to bear arms in a well
             | ordered militia, but gun ownership might be regulated for
             | example by the militia organization owning the arms.
             | Nothing would speak against codifying in law what
             | constitutes a well-ordered militia, etc.
        
               | Joker_vD wrote:
               | That's... how the 2nd amendment used to be treated,
               | actually: state laws against conceit carry have lo-o-ong
               | history, and they've been held to be perfectly
               | constitutionally until recently. Oh, and "well-regulated"
               | used to mean "well trained and supplied" back in those
               | day.
               | 
               | And the 2nd actually reads (if you fix its grammar since
               | it's ungrammatical by the standards of the modern English
               | language) "since the well-regulated militia is necessary
               | to the security of a free state, the right of the people
               | to keep and bear arms shall not be infringed" -- now
               | notice that it's a conditional rule, and its premise in
               | "since..." is no longer true, militias are not necessary
               | for the security of a country; and so the conclusion
               | _should_ lose its power. And arguably it 's what the
               | Founders intended: if they meant it as an absolute rule,
               | they would've omitted the first part of it and would have
               | simply stated that "the right of the people to keep and
               | bear arms shall not be infringed", period.
        
               | treis wrote:
               | Your memory is a bit off. The text is:
               | 
               | >A well regulated Militia, being necessary to the
               | security of a free State, the right of the people to keep
               | and bear Arms, shall not be infringed
               | 
               | It's the only amendment that comes with a justification
               | so it's unusual but there's nothing in the text that
               | limits the right to the listed justification.
        
               | bigstrat2003 wrote:
               | > if the 2nd amendmend was literally interpreted it would
               | be (quoting from memory) "in order to form a well-ordered
               | militia the right to bear arms shall not be infringed"
               | 
               | I don't agree at all that this is a case of creative
               | reading. The actual text of the amendment is "A well
               | regulated Militia, being necessary to the security of a
               | free State, the right of the people to keep and bear
               | Arms, shall not be infringed."
               | 
               | Note that the text _does not say_ "in order to" or
               | anything like that, which is why interpretation of this
               | amendment gets controversial. Was the intent that bearing
               | arms is only a right insofar as people are part of a
               | local militia? Was the intent that people must have the
               | right to bear arms and the militia was simply cited as
               | one example of why? It is genuinely unclear from the
               | text, which means that no matter what we do we have to
               | layer our own interpretation on top. That doesn't mean
               | anyone is reading the law creatively, that's just the
               | unfortunate facts of having to deal with an unclear text.
        
           | eadmund wrote:
           | > In what places do courts ignore or modify law to deliver
           | the result they prefer?
           | 
           | The United States. E.g. 'the switch in time that saved nine,'
           | Wickard v. Filburn, Obergefell v. Hodges, Gonzales v. Raich
           | and so forth.
        
         | rustcleaner wrote:
         | >If there's a law, no matter how ancient, the British should
         | comply. If a law needs to be changed, that's the Parliament's
         | job.
         | 
         | If that's not religion, I don't know what is...
        
           | makeitdouble wrote:
           | Religion is notably harder to change than country laws.
        
             | shakna wrote:
             | The hundreds of Protestant sects all cried out in anguish.
             | The Hindu cults just rolled their eyes.
             | 
             | Most religions are relatively flexible around beliefs. It
             | tends to be particular sects that aren't... But they don't
             | speak for the rest.
        
               | prewett wrote:
               | I think you're conflating religious beliefs with ethics.
               | You can't have a religion that is flexible on beliefs,
               | otherwise it is not a religion, but the actual core
               | religious beliefs are fairly limited. In Christianity,
               | Jesus dying to reconcile the world to God is the whole
               | point; without that it is something else. The whole point
               | of Buddhism is that all emotions are pain, and that
               | realizing that everything really nothing (since all
               | composable things are impermanent and everything is
               | composed) is the path to nirvana. All the other beliefs
               | and ethics come out of this.
               | 
               | But even "submarine" religions (ones that people do not
               | think of as a religion) follow the pattern. Communists
               | worship the State (or perhaps the Party), because the
               | problem with society is the structure of society, so only
               | the State can bring the salvation of equity. American
               | Progressives worship sexual identity. Progressives are
               | flexible--except if you don't accept a particular
               | identity, think that gender is not malleable, refuse to
               | use pronouns, etc.
               | 
               | However, I think even "most religions" are not very
               | flexible. 50% of the world's population are either
               | Christian or Islam, and both are pretty prescriptive in
               | the ethics.
        
           | ithkuil wrote:
           | Religions is just one incarnation of a more fundamental trait
           | of human psychology that allows us to build complex society.
           | 
           | Belief in other shared made up things like law and even money
           | works that way, and most of the world -isms too
        
           | 4ndrewl wrote:
           | It's representative democracy.
           | 
           | Religion is what it replaced. Where one person, with a clique
           | of courtiers who personally relied on him for power, enacted
           | whatever took their fancy. Their word was power, whether it
           | was starting wars or forging alliances with unsavoury
           | countries - and woebetide you if you challenged it.
        
           | zeristor wrote:
           | There's a word for that sort of thing, it just happens to be:
           | 
           | antidisestablishmentarianism
           | 
           | That is for the removal of the Church of England as the
           | religion of England, but it's along those lines.
        
             | TRiG_Ireland wrote:
             | You have one too many negative prefixes there. The Church
             | of England is already established. Those who want to remove
             | that status are proposing disestablishment.
             | Antidisestablishmentarianism is the desire to maintain the
             | status quo.
        
         | mr_toad wrote:
         | > Even the British courts, in sharp contrast to many other
         | places, "deliver the law as it is, and not as we wish it to be"
         | 
         | The English practically invented the idea of common law. Even
         | today there are still important legal principles based entirely
         | on the decisions of earlier courts.
        
           | Projectiboga wrote:
           | A formal UK Constitution doesn't exist and is a striking
           | example of this
           | 
           | https://en.m.wikipedia.org/wiki/Constitution_of_the_United_K.
           | ..
           | 
           | The constitution of the United Kingdom comprises the written
           | and unwritten arrangements that establish the United Kingdom
           | of Great Britain and Northern Ireland as a political body.
           | Unlike in most countries, no official attempt has been made
           | to codify such arrangements into a single document, thus it
           | is known as an uncodified constitution. This enables the
           | constitution to be easily changed as no provisions are
           | formally entrenched.
        
             | pessimizer wrote:
             | In the US we only have a remnant of that in the Senate, in
             | what has been popularly marketed as "the Nuclear Option." A
             | Senator just makes a point of order that a Senate rule is
             | the opposite of what it actually, verifiably is. The chair
             | denies it, the Senator appeals the decision, and a majority
             | of the Senate then overrules the chair.
             | 
             | After this has happened, the rule just changes and whatever
             | was not in order in the past is in order in the future (or
             | vice versa.) In the Senate as in Parliament; the majority
             | of Parliament _is_ the law, it can 't break the law.
        
           | pessimizer wrote:
           | There are still important legal principles in the US and
           | other places around the world based entirely on the decisions
           | of earlier _English_ courts. The first local decisions will
           | reference English cases, and English legal experts often
           | would have been consulted.
           | 
           | Same thing with most of the world's parliaments and
           | congresses having to reference English Parliamentary
           | precedent in order to figure out how to operate themselves.
           | The UK Parliament and courts may be terrible, but they
           | invented the thing and we're forks.
        
             | irdc wrote:
             | The Romans would like to have a word...
        
       | bb123 wrote:
       | Reminds me of the fact that for 500 years everyone graduating
       | with a BA from Oxford had to swear that they would never agree to
       | the reconciliation of Henry Symeonis, despite no one having any
       | idea who he was for most of that time.
        
         | jgrahamc wrote:
         | Yes! I was disappointed to learn when I graduated with my BA
         | that this oath was no longer required. However, I continue
         | refuse to reconcile with Henry Symeonis. It's only been 800
         | years, you never know when it might be important. After all,
         | the Anglo-Portuguese is still in force 650 years on!
        
           | avhception wrote:
           | Clearly a case of Chesterton's Fence. Who knows what eldritch
           | horrors might result from the removal of that oath!
        
             | throwup238 wrote:
             | Someone outside of Eton might get elected.
        
               | zeristor wrote:
               | But then we wouldn't be in a Mess.
        
           | jvvw wrote:
           | Looks like it was removed in 1827. I don't actually remember
           | having to say anything at any of my graduation ceremonies
           | there (BA, MA, DPhil), just walking on to the stage. I do
           | wonder if at matriculation we all had to make some oath
           | together but I think I would have remembered if that had been
           | the case. I have a strong feeling though I might have had to
           | make an oath when I became a scholar - there was definitely a
           | ceremony we had to go to - but that would have been college-
           | dependent.
        
             | pmyteh wrote:
             | You'll have collectively said "do fidem". The rest is read
             | by the official at the table, not the graduands.
             | 
             | The question as to whether this constitutes swearing an
             | oath or making a simple promise was an interesting one for
             | me as Quakers traditionally refuse to do the former.
        
               | throwawaymaths wrote:
               | "i give my trust". i believe that would be a promise or
               | affirmation as it does not invoke a god. Unless it's the
               | accusative of the goddess of faith (unlikely).
        
         | eleveriven wrote:
         | Bureaucratic tradition at its finest
        
           | fsckboy wrote:
           | Chesterton's fence
        
             | dijit wrote:
             | The man cannot be living, ergo there can be no
             | reconciliation, ergo the promise/oath can only exist
             | because nobody bothers to remove it; not because we don't
             | know the reasons for its existence.
             | 
             | Though largely it wouldn't matter in this case.
        
         | moomin wrote:
         | Had to look this one up. Apparently the answer is he was a rich
         | *hole who murdered a student, got fined PS80 (which might have
         | been a lot of money, but he was rich), stayed away from Oxford
         | a few years and then The Powers That Be told everyone to get
         | over it.
         | 
         | I can kind of understand the statute, tbqh.
        
           | M2Ys4U wrote:
           | According to the Bank of England's inflation calculator, PS80
           | in 1242 is worth PS119,600 today.
        
             | Projectiboga wrote:
             | The fine was against multiple men. That makes me speculate
             | the death was part of a drunkin bar fight and the victim
             | was comnected but the King was neutral and only banned him
             | until the King returned. Ahew, what a nest of rabbit holes
             | to follow.
        
         | mrweasel wrote:
         | I was reading some stories and notes made by my grandfather,
         | they where written sometime in the 1980s. He's recalling
         | stories and people in the area where we lived, out in the
         | country side. Apparently my family has feud with a priest from
         | the late 1700 hundreds. The priest complained that people (my
         | family included) wouldn't travel the 7 - 8 kilometers to the
         | church during the fall and winter. The area is in between would
         | flood and freeze, becoming dangerous to travel. The priests
         | refusal to understand the danger (and long travel time, during
         | the winter), caused the feud, which apparently lasted at least
         | until the 1920s.
        
         | adolph wrote:
         | Which reminds me of _The Cagots were a persecuted minority who
         | lived in the west of France and northern Spain_ [0]
         | The origins of the Cagots remain uncertain . . . . Despite the
         | varied and        often mythical explanations for their
         | origins, the only consistent aspect of        the Cagots was
         | their societal exclusion and the lack of any distinct physical
         | or cultural traits differentiating them from the general
         | population.
         | 
         | 0. https://en.wikipedia.org/wiki/Cagot
        
         | triclops200 wrote:
         | Thanks for that, looked it up and was a interesting rabbit
         | hole: Basically, that oath was Oxford University saying "fuck
         | you" to a request of the King (1200s England) officially after
         | he effectively tried to order them to break their collective
         | line and accept a rich fuck who murdered a scholar in the past.
         | Feels kinda like a proto-union-action to me
         | https://blogs.bodleian.ox.ac.uk/archivesandmanuscripts/2023/...
        
       | radiorental wrote:
       | Why a bail of straw? Reminds me of the forgotten reason why the
       | onion was thrown into the varnish
       | 
       | "Primo Levi was working in a varnish factory. He was a chemist,
       | and he was fascinated by the fact that the varnish recipe
       | included a raw onion. What could it be for? No one knew; it was
       | just part of the recipe. So he investigated, and eventually
       | discovered that they had started throwing the onion in years ago
       | to test the temperature of the varnish: if it was hot enough, the
       | onion would fry."
        
         | DocTomoe wrote:
         | Often, these things are utilitarian, not mystical. So my
         | educated guess: Back in the day, the main problem was river
         | mariners getting hurt by bridge arches that were lower than
         | expected, and the bale of straw was a 'soft buffer' - better to
         | get your head hit by a swinging bale of straw than a rock-solid
         | bridge.
        
           | radiorental wrote:
           | I was wondering about that but it would only work for the
           | sailor standing in the right place on a boat sailing dead
           | center of the river where there is typically two way traffic.
           | 
           | This doesn't seem like a utilitarian solution, more of a
           | signal with a symbolic intention?
        
             | DocTomoe wrote:
             | Hm, I guess arches were lower back then, and a lot of the
             | riverboats were actually the staked kind (think: Venetian
             | gondolieri)? With different arches for different
             | directions?
             | 
             | Honestly, this is all guesswork. But I can imagine
             | something like that to be the case.
        
             | CJefferson wrote:
             | The law explictly requires "large enough to be conspicuous
             | and by night a white light", which suggests it's about
             | visibility, particularly at night. That makes sense, there
             | is a black metal bridge near where I live, and when it is
             | cloudly I've noticed it's suprisingly difficult to see,
             | even when you know where it is.
        
           | Sharlin wrote:
           | More likely that a bale of hay was simply a conspicuous but
           | lightweight thing that was easy to get your hands on back in
           | the day.
        
             | tdeck wrote:
             | Also if it comes undone and falls in the river, it's not
             | likely to do any harm.
             | 
             | Aside: Although the article makes the same mistake, hay and
             | straw are not the same thing. Hay is dead green grass-like
             | plants. Straw is dead brown grass-like plant matter that
             | has finished it's lifecycle and used up all the sugars and
             | things in it. Hay gets moldy more easily but has nutrients
             | for animals while straw does not decompose as quickly.
        
               | Sharlin wrote:
               | Yes, I realized that after the edit grace period.
               | Specifically, straw is the dried stalks of cereal that
               | have very little nutritional value to begin with, whereas
               | hay is reaped grass, legumes, whatever herbaceous plants
               | that grazing livestock normally eat.
        
             | oniony wrote:
             | Indeed. Cheap, readily available, heavy enough to hang,
             | soft enough to bump out of the way. Honestly, it's a
             | mystery to me why it's a mystery. What else would they use,
             | a dead sheep?
        
         | JimDabell wrote:
         | Reminds me of grandma's cooking secret:
         | 
         | https://www.snopes.com/fact-check/grandmas-cooking-secret/
        
       | leeoniya wrote:
       | we have a bridge near where i live that can use such a warning
       | crash barrier. you'd think they'd install one after 65 bridge
       | strikes in the last few years. their solution was to build a a
       | stronger bridge, rofl.
       | 
       | i guess at this point it's a cherished tradition :D. there's
       | probably a youtube mashup of all the phone-recorded strikes.
       | 
       | https://www.lakemchenryscanner.com/2025/05/20/box-truck-hits...
        
         | kylehotchkiss wrote:
         | Half the fun of renting a Penske truck is learning what that
         | bridge height sign was designed for.
        
         | userbinator wrote:
         | I thought it'd be about this infamous bridge:
         | https://news.ycombinator.com/item?id=23587190
        
       | saravanan2661 wrote:
       | A scarecrow for ships! That's interesting!
        
       | eleveriven wrote:
       | Like a bit of medieval cosplay sneaking into modern
       | infrastructure work. A tiny reminder that history isn't just in
       | museums... it's literally hanging off our bridges.
        
         | fsckboy wrote:
         | https://en.wikipedia.org/wiki/Topping_out#History
         | 
         | the practice of "topping out" a new building can be traced to
         | the ancient Scandinavian religious rite of placing a tree atop
         | a new building to appease the tree-dwelling spirits displaced
         | in its construction... The practice remains common in the
         | United Kingdom and assorted Commonwealth countries such as
         | Australia[7] and Canada,[8] as well as Germany, Austria,
         | Slovenia, Iceland, Chile, Czech Republic, Slovakia, Poland,
         | Hungary and the Baltic States. In the United States the last
         | beam of a skyscraper is often painted white and signed by all
         | the workers involved.[7] In New Zealand, completion of the roof
         | to a water-proof state is celebrated through a "roof shout",
         | where workers are treated to cake and beer.[9]
        
           | guerrilla wrote:
           | > to appease the tree-dwelling spirits displaced in its
           | construction.
           | 
           | It seems not:
           | 
           | > A Scandinavian tradition of hoisting a pine tree to the top
           | of framed out buildings had a more functional purpose: when
           | the pine needles fell off, the builders knew the wood frame
           | below had cured/dried out so they could enclose the
           | building.[2]
        
       | bjackman wrote:
       | It seems like the original idea here would be to hang the hay at
       | slightly below the height of the next bridge. That way it serves
       | as a physical indication that your vessel's too tall.
       | 
       | But, in the picture it seems to be a) hung higher than the
       | scaffolding and b) too close to it to actually give vessels a
       | chance to turn around.
        
         | fsckboy wrote:
         | could be the hay was for a softer landing if you hit it
        
       | moomin wrote:
       | My wife, reading this: "I see Westminster's PR department are
       | doing their job."
        
       | w0de0 wrote:
       | This is treated as a whimsical absurdity, but it has a practical
       | purpose that's hardly obviated by the antiquity of the law.
       | 
       | I'm a sailor myself - I'd certainly want a warning that a bridge
       | is lower than its charted height. The signal is clearly listed in
       | the relevant Port of London notice to mariners [0]. Moreover, the
       | signal also shows the height of the restriction (and in a neat,
       | safe way - nudge the straw and you'll know you're too tall):
       | 
       | "Where the headroom is reduced this will be signalled in
       | accordance with the Port of London Authority Thames Byelaw 36.1
       | namely:
       | 
       | "By Day - A bundle of straw large enough to be easily visible and
       | displayed at the height of restricted headroom"
       | 
       | 0 - https://pla.co.uk/notices/M63-25
        
         | lolinder wrote:
         | This also means that this line is also inaccurate:
         | 
         | > For convenience, they're actually hanging from the Jubilee
         | footbridges, one on either side of the railway.
         | 
         | It's not for simple convenience: you can see in the photos that
         | it's because the footbridges are taller then the rail bridge
         | and come a bit before it, which allows them to install the
         | straw hanging at the correct height to warn of the constriction
         | _before_ someone hits the bridge itself.
        
           | fsckboy wrote:
           | i find being warned in advance a most convenient way to avoid
           | hitting the bridge, and if the walkways are already installed
           | in the right place to put the bales, why that's a very
           | convenient place to put them. if the walkways were the same
           | height as the bridge, it would not afford that convenience
           | because then the footbridges would themselves be the
           | obstruction you're in danger of hitting, which would be most
           | inconvenient.
        
         | krick wrote:
         | Maybe when this was invented, the bundle of straw was the best
         | they could do, I don't know, but surely today you can produce a
         | more visible, more robust, reusable and, ironically, cheaper
         | sign than that.
        
           | tass wrote:
           | Maybe, but this has a few advantages.
           | 
           | If there were some reusable item (whatever that may be) it
           | would need to be stored somewhere accessible to the
           | construction crews, would eventually need to be repaired or
           | replaced, and depending on how it's made may need to be
           | customized per installation.
           | 
           | Hay and rope are readily available and (depending on the
           | rope) biodegrade so could fall into the river with pretty
           | minimal pollution. I imagine back in the day they were both
           | just borrowed from a local farm or stable.
        
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