How did 'consideration' semantically generalize to mean 'something given in payment'?
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- What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense?
mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection,"
from Old French consideracion (12c., Modern French considération) and directly from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of action from past-participle stem of considerare "to look at closely, observe" (see consider).
Meaning "a taking into account, act of paying attention to" is from late 14c.; that of "examination, observation" is from early 15c.. Sense of "thoughtful or sympathetic regard" is from c. 1400. Meaning "that which is or should be considered" is from late 15c. Meaning "something given in payment" (as recompense for service) is from c. 1600.
- Is the semantic shift here semantic specialization of meaning?
The bolded meaning looks related to meaning of 'consideration' in English contract law. See Paul Richards, Law of Contract (13 edn 2017), pp. 68 (Bottom) - 69 Top:
[...] it has become preferable today to think in terms of consideration amounting to a claimant buying a defendant’s promise by performing some act in return for it.
Alternatively, the claimant may purchase the defendant’s promise by the furnishing of a counter-promise. This modern approach was summed up by Sir Frederick Pollock (1950) in
Principles of Contract, where he defined consideration as:
An act or forbearance of one party, or the promise thereof, is the price for which the promise
of the other is bought, and the promise thus given for value is enforceable.
This definition was approved by the House of Lords in Dunlop Pneumatic Tyre Co. Ltd v
Selfridge and Co. Ltd [1915] AC 847 and is regarded as being more representative of the
doctrine of consideration in the modern commercial contract than the nineteenth-century
concept of benefit and detriment.
etymology
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- What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense?
mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection,"
from Old French consideracion (12c., Modern French considération) and directly from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of action from past-participle stem of considerare "to look at closely, observe" (see consider).
Meaning "a taking into account, act of paying attention to" is from late 14c.; that of "examination, observation" is from early 15c.. Sense of "thoughtful or sympathetic regard" is from c. 1400. Meaning "that which is or should be considered" is from late 15c. Meaning "something given in payment" (as recompense for service) is from c. 1600.
- Is the semantic shift here semantic specialization of meaning?
The bolded meaning looks related to meaning of 'consideration' in English contract law. See Paul Richards, Law of Contract (13 edn 2017), pp. 68 (Bottom) - 69 Top:
[...] it has become preferable today to think in terms of consideration amounting to a claimant buying a defendant’s promise by performing some act in return for it.
Alternatively, the claimant may purchase the defendant’s promise by the furnishing of a counter-promise. This modern approach was summed up by Sir Frederick Pollock (1950) in
Principles of Contract, where he defined consideration as:
An act or forbearance of one party, or the promise thereof, is the price for which the promise
of the other is bought, and the promise thus given for value is enforceable.
This definition was approved by the House of Lords in Dunlop Pneumatic Tyre Co. Ltd v
Selfridge and Co. Ltd [1915] AC 847 and is regarded as being more representative of the
doctrine of consideration in the modern commercial contract than the nineteenth-century
concept of benefit and detriment.
etymology
bumped to the homepage by Community♦ yesterday
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
1
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37
|
show 6 more comments
up vote
2
down vote
favorite
up vote
2
down vote
favorite
- What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense?
mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection,"
from Old French consideracion (12c., Modern French considération) and directly from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of action from past-participle stem of considerare "to look at closely, observe" (see consider).
Meaning "a taking into account, act of paying attention to" is from late 14c.; that of "examination, observation" is from early 15c.. Sense of "thoughtful or sympathetic regard" is from c. 1400. Meaning "that which is or should be considered" is from late 15c. Meaning "something given in payment" (as recompense for service) is from c. 1600.
- Is the semantic shift here semantic specialization of meaning?
The bolded meaning looks related to meaning of 'consideration' in English contract law. See Paul Richards, Law of Contract (13 edn 2017), pp. 68 (Bottom) - 69 Top:
[...] it has become preferable today to think in terms of consideration amounting to a claimant buying a defendant’s promise by performing some act in return for it.
Alternatively, the claimant may purchase the defendant’s promise by the furnishing of a counter-promise. This modern approach was summed up by Sir Frederick Pollock (1950) in
Principles of Contract, where he defined consideration as:
An act or forbearance of one party, or the promise thereof, is the price for which the promise
of the other is bought, and the promise thus given for value is enforceable.
This definition was approved by the House of Lords in Dunlop Pneumatic Tyre Co. Ltd v
Selfridge and Co. Ltd [1915] AC 847 and is regarded as being more representative of the
doctrine of consideration in the modern commercial contract than the nineteenth-century
concept of benefit and detriment.
etymology
- What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense?
mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection,"
from Old French consideracion (12c., Modern French considération) and directly from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of action from past-participle stem of considerare "to look at closely, observe" (see consider).
Meaning "a taking into account, act of paying attention to" is from late 14c.; that of "examination, observation" is from early 15c.. Sense of "thoughtful or sympathetic regard" is from c. 1400. Meaning "that which is or should be considered" is from late 15c. Meaning "something given in payment" (as recompense for service) is from c. 1600.
- Is the semantic shift here semantic specialization of meaning?
The bolded meaning looks related to meaning of 'consideration' in English contract law. See Paul Richards, Law of Contract (13 edn 2017), pp. 68 (Bottom) - 69 Top:
[...] it has become preferable today to think in terms of consideration amounting to a claimant buying a defendant’s promise by performing some act in return for it.
Alternatively, the claimant may purchase the defendant’s promise by the furnishing of a counter-promise. This modern approach was summed up by Sir Frederick Pollock (1950) in
Principles of Contract, where he defined consideration as:
An act or forbearance of one party, or the promise thereof, is the price for which the promise
of the other is bought, and the promise thus given for value is enforceable.
This definition was approved by the House of Lords in Dunlop Pneumatic Tyre Co. Ltd v
Selfridge and Co. Ltd [1915] AC 847 and is regarded as being more representative of the
doctrine of consideration in the modern commercial contract than the nineteenth-century
concept of benefit and detriment.
etymology
etymology
edited Oct 23 at 23:59
asked Mar 29 at 7:49
Greek - Area 51 Proposal
4,04084087
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bumped to the homepage by Community♦ yesterday
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
bumped to the homepage by Community♦ yesterday
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
1
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37
|
show 6 more comments
It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
1
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37
It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
1
1
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37
|
show 6 more comments
2 Answers
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Consideration in contract law today is considered (at least one element of) the essential defining elements of what a "contract" is in the first place, and that there must be of something value given in exchange of the promise of the one thing for the other. Contracts that "fail" for lack of consideration, are not strictly speaking enforceable, or may be considered void or at least voidable, as nothing of value was offered in exchange. This is the legal essence of the term "consideration." It is easy to see how this term went from a "term of art" in the law, as it is called, to a more general sense of "regarding or thinking about something," but that is non-specialized use of the word consideration.
There is not properly speaking a "semantic shift" as both meanings perpetuate in the English language today, one as a "term of a art" in the law, and used by legal professionals, the other used by everyday persons talking about the more common meaning.
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
add a comment |
up vote
0
down vote
I think the missing piece is with the legal definition of consideration:
Say, for example, that your neighbor admires your bicycle. You know you are moving soon, so you offer (an "offer" is an element of a contract) to sell it to her for $100 (consideration). She accepts your offer (acceptance is also an element of a contract), but can't pay you until she goes to the bank. So, you scribble a quick note describing both of your intentions to enter into this agreement and hand her a copy of the note. You now have an enforceable contract because the elements of a contract are in place, including this "bargained-for" exchange.
While it can be money, it doesn't have to be. In fact, it wasn't at first. According to the OED:
At its first appearance it is hardly a technical term, or distinguishable from motive; it gradually acquired its precise technical meaning in the course of the 17–18th centuries. Natural affection was formerly called good consideration, as contrasted with valuable consideration
The first appearance the OED refers to is this quote from 1530:
Yf the promyse be so naked that there ys noo maner of consyderacyon why yt sholde be made, then I thynke hym not bounde to performe yt.
(Translation: If the promise be so naked that there is no manner of consideration why it should be made, then I think him not bound to perform it.)
St. Germans Secunde Dyaloge Doctour & Student
From there it should be easy to see the connection with another even earlier (c1460) definition of the word (also from the OED):
The taking into account of anything as a motive or reason; a fact or circumstance taken, or to be taken, into account; a reason considered.
add a comment |
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
0
down vote
Consideration in contract law today is considered (at least one element of) the essential defining elements of what a "contract" is in the first place, and that there must be of something value given in exchange of the promise of the one thing for the other. Contracts that "fail" for lack of consideration, are not strictly speaking enforceable, or may be considered void or at least voidable, as nothing of value was offered in exchange. This is the legal essence of the term "consideration." It is easy to see how this term went from a "term of art" in the law, as it is called, to a more general sense of "regarding or thinking about something," but that is non-specialized use of the word consideration.
There is not properly speaking a "semantic shift" as both meanings perpetuate in the English language today, one as a "term of a art" in the law, and used by legal professionals, the other used by everyday persons talking about the more common meaning.
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
add a comment |
up vote
0
down vote
Consideration in contract law today is considered (at least one element of) the essential defining elements of what a "contract" is in the first place, and that there must be of something value given in exchange of the promise of the one thing for the other. Contracts that "fail" for lack of consideration, are not strictly speaking enforceable, or may be considered void or at least voidable, as nothing of value was offered in exchange. This is the legal essence of the term "consideration." It is easy to see how this term went from a "term of art" in the law, as it is called, to a more general sense of "regarding or thinking about something," but that is non-specialized use of the word consideration.
There is not properly speaking a "semantic shift" as both meanings perpetuate in the English language today, one as a "term of a art" in the law, and used by legal professionals, the other used by everyday persons talking about the more common meaning.
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
add a comment |
up vote
0
down vote
up vote
0
down vote
Consideration in contract law today is considered (at least one element of) the essential defining elements of what a "contract" is in the first place, and that there must be of something value given in exchange of the promise of the one thing for the other. Contracts that "fail" for lack of consideration, are not strictly speaking enforceable, or may be considered void or at least voidable, as nothing of value was offered in exchange. This is the legal essence of the term "consideration." It is easy to see how this term went from a "term of art" in the law, as it is called, to a more general sense of "regarding or thinking about something," but that is non-specialized use of the word consideration.
There is not properly speaking a "semantic shift" as both meanings perpetuate in the English language today, one as a "term of a art" in the law, and used by legal professionals, the other used by everyday persons talking about the more common meaning.
Consideration in contract law today is considered (at least one element of) the essential defining elements of what a "contract" is in the first place, and that there must be of something value given in exchange of the promise of the one thing for the other. Contracts that "fail" for lack of consideration, are not strictly speaking enforceable, or may be considered void or at least voidable, as nothing of value was offered in exchange. This is the legal essence of the term "consideration." It is easy to see how this term went from a "term of art" in the law, as it is called, to a more general sense of "regarding or thinking about something," but that is non-specialized use of the word consideration.
There is not properly speaking a "semantic shift" as both meanings perpetuate in the English language today, one as a "term of a art" in the law, and used by legal professionals, the other used by everyday persons talking about the more common meaning.
answered May 22 at 6:41
user298431
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
add a comment |
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
I suspect that its use in contract law comes from its use in "normal" English to mean something given in payment, rather than the other way round.
– user184130
Jul 21 at 11:17
add a comment |
up vote
0
down vote
I think the missing piece is with the legal definition of consideration:
Say, for example, that your neighbor admires your bicycle. You know you are moving soon, so you offer (an "offer" is an element of a contract) to sell it to her for $100 (consideration). She accepts your offer (acceptance is also an element of a contract), but can't pay you until she goes to the bank. So, you scribble a quick note describing both of your intentions to enter into this agreement and hand her a copy of the note. You now have an enforceable contract because the elements of a contract are in place, including this "bargained-for" exchange.
While it can be money, it doesn't have to be. In fact, it wasn't at first. According to the OED:
At its first appearance it is hardly a technical term, or distinguishable from motive; it gradually acquired its precise technical meaning in the course of the 17–18th centuries. Natural affection was formerly called good consideration, as contrasted with valuable consideration
The first appearance the OED refers to is this quote from 1530:
Yf the promyse be so naked that there ys noo maner of consyderacyon why yt sholde be made, then I thynke hym not bounde to performe yt.
(Translation: If the promise be so naked that there is no manner of consideration why it should be made, then I think him not bound to perform it.)
St. Germans Secunde Dyaloge Doctour & Student
From there it should be easy to see the connection with another even earlier (c1460) definition of the word (also from the OED):
The taking into account of anything as a motive or reason; a fact or circumstance taken, or to be taken, into account; a reason considered.
add a comment |
up vote
0
down vote
I think the missing piece is with the legal definition of consideration:
Say, for example, that your neighbor admires your bicycle. You know you are moving soon, so you offer (an "offer" is an element of a contract) to sell it to her for $100 (consideration). She accepts your offer (acceptance is also an element of a contract), but can't pay you until she goes to the bank. So, you scribble a quick note describing both of your intentions to enter into this agreement and hand her a copy of the note. You now have an enforceable contract because the elements of a contract are in place, including this "bargained-for" exchange.
While it can be money, it doesn't have to be. In fact, it wasn't at first. According to the OED:
At its first appearance it is hardly a technical term, or distinguishable from motive; it gradually acquired its precise technical meaning in the course of the 17–18th centuries. Natural affection was formerly called good consideration, as contrasted with valuable consideration
The first appearance the OED refers to is this quote from 1530:
Yf the promyse be so naked that there ys noo maner of consyderacyon why yt sholde be made, then I thynke hym not bounde to performe yt.
(Translation: If the promise be so naked that there is no manner of consideration why it should be made, then I think him not bound to perform it.)
St. Germans Secunde Dyaloge Doctour & Student
From there it should be easy to see the connection with another even earlier (c1460) definition of the word (also from the OED):
The taking into account of anything as a motive or reason; a fact or circumstance taken, or to be taken, into account; a reason considered.
add a comment |
up vote
0
down vote
up vote
0
down vote
I think the missing piece is with the legal definition of consideration:
Say, for example, that your neighbor admires your bicycle. You know you are moving soon, so you offer (an "offer" is an element of a contract) to sell it to her for $100 (consideration). She accepts your offer (acceptance is also an element of a contract), but can't pay you until she goes to the bank. So, you scribble a quick note describing both of your intentions to enter into this agreement and hand her a copy of the note. You now have an enforceable contract because the elements of a contract are in place, including this "bargained-for" exchange.
While it can be money, it doesn't have to be. In fact, it wasn't at first. According to the OED:
At its first appearance it is hardly a technical term, or distinguishable from motive; it gradually acquired its precise technical meaning in the course of the 17–18th centuries. Natural affection was formerly called good consideration, as contrasted with valuable consideration
The first appearance the OED refers to is this quote from 1530:
Yf the promyse be so naked that there ys noo maner of consyderacyon why yt sholde be made, then I thynke hym not bounde to performe yt.
(Translation: If the promise be so naked that there is no manner of consideration why it should be made, then I think him not bound to perform it.)
St. Germans Secunde Dyaloge Doctour & Student
From there it should be easy to see the connection with another even earlier (c1460) definition of the word (also from the OED):
The taking into account of anything as a motive or reason; a fact or circumstance taken, or to be taken, into account; a reason considered.
I think the missing piece is with the legal definition of consideration:
Say, for example, that your neighbor admires your bicycle. You know you are moving soon, so you offer (an "offer" is an element of a contract) to sell it to her for $100 (consideration). She accepts your offer (acceptance is also an element of a contract), but can't pay you until she goes to the bank. So, you scribble a quick note describing both of your intentions to enter into this agreement and hand her a copy of the note. You now have an enforceable contract because the elements of a contract are in place, including this "bargained-for" exchange.
While it can be money, it doesn't have to be. In fact, it wasn't at first. According to the OED:
At its first appearance it is hardly a technical term, or distinguishable from motive; it gradually acquired its precise technical meaning in the course of the 17–18th centuries. Natural affection was formerly called good consideration, as contrasted with valuable consideration
The first appearance the OED refers to is this quote from 1530:
Yf the promyse be so naked that there ys noo maner of consyderacyon why yt sholde be made, then I thynke hym not bounde to performe yt.
(Translation: If the promise be so naked that there is no manner of consideration why it should be made, then I think him not bound to perform it.)
St. Germans Secunde Dyaloge Doctour & Student
From there it should be easy to see the connection with another even earlier (c1460) definition of the word (also from the OED):
The taking into account of anything as a motive or reason; a fact or circumstance taken, or to be taken, into account; a reason considered.
answered Oct 24 at 0:19
Laurel
29k654103
29k654103
add a comment |
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It's a euphemism.
– Hot Licks
Apr 2 at 17:40
It's a euphemism because it is intentionally vague. I.e. it's not 'payment or reward' it is 'something that was offered which has some value to the person offering it' for which there isn't really another word.
– JeffUK
Apr 2 at 17:42
@JeffUK - It's a euphemism because it's a bribe. Eg, the "consideration" is that $100 bill you hand the cop as you're handing him your driver's license, after he's stopped you for speeding.
– Hot Licks
Apr 2 at 17:50
Don’t Etymonline’s meanings combine to say it all? "Taking into consideration that you’re giving me something, I’ll be happy to give you quid pro quo." Isn’t that clouded by the idea that anything “considerable” is generally “large enough to make a difference”, when in fact the very reason we still use the archaic “peppercorn rent” is that a peppercorn was the smallest of measures?
– Robbie Goodwin
Apr 13 at 15:17
1
@HotLicks Why would 'consideration' be used to euphemize a bribe though?
– Greek - Area 51 Proposal
Apr 13 at 20:37