Morton's Fork
Encyclopedia
A Morton's Fork is a choice between two equally unpleasant alternatives (in other words, a dilemma
), or two lines of reasoning that lead to the same unpleasant conclusion. It is analogous to the expressions "between the devil and the deep blue sea
," "between a rock and a hard place," or, as those in the Spanish-speaking world say, "between a sword and a wall." This is the opposite of Buridan's Ass
. It is said to originate with the collecting of taxes by John Morton, Archbishop of Canterbury in the late 15th century, who held that a man living modestly must be saving money and could therefore afford taxes, whereas if he was living extravagantly then he was obviously rich and could still afford them.
Elected officers (members of parliament and councillor
s) sometimes may have recourse to a variant on Morton's Fork when dealing with unhelpful unelected officers, or civil servants. This variant asserts that an unelected officer's non-compliance with the directive of their elected officer must be due to one of two equally unacceptable causes: either the civil servant is lazy or incompetent, or the civil servant is acting willfully or maliciously against the instructions given by his/her elected officer.
"Morton's fork coup
" is a maneuver in the game of bridge
that uses the principle of Morton's Fork.
in Burroughs v. Metro-Goldwyn-Mayer, Inc.
, 683 F.2d 610 (1982), where heirs of Tarzan
author Edgar Rice Burroughs
and Burroughs's rights-holding corporation Edgar Rice Burroughs, Inc., claimed copyright infringement in MGM's 1981 film Tarzan, the Ape Man. The film was a remake of a 1932 film based on the book Tarzan of the Apes
, originally made under a rights agreement from 1931, and the court held that MGM complied with the terms of the 1931 agreement as the new film was substantially similar to the old film. In a footnote in the decision, Judge Kearse wrote:
Dilemma
A dilemma |proposition]]") is a problem offering two possibilities, neither of which is practically acceptable. One in this position has been traditionally described as "being on the horns of a dilemma", neither horn being comfortable...
), or two lines of reasoning that lead to the same unpleasant conclusion. It is analogous to the expressions "between the devil and the deep blue sea
Between the Devil and the Deep Blue Sea
"Between the devil and the deep blue sea" is an idiom meaning a dilemma—i.e., to choose between two undesirable situations .-Possible origins:...
," "between a rock and a hard place," or, as those in the Spanish-speaking world say, "between a sword and a wall." This is the opposite of Buridan's Ass
Buridan's ass
Buridan's ass is an illustration of a paradox in philosophy in the conception of free will.It refers to a hypothetical situation wherein an ass is placed precisely midway between a stack of hay and a pail of water...
. It is said to originate with the collecting of taxes by John Morton, Archbishop of Canterbury in the late 15th century, who held that a man living modestly must be saving money and could therefore afford taxes, whereas if he was living extravagantly then he was obviously rich and could still afford them.
Elected officers (members of parliament and councillor
Councillor
A councillor or councilor is a member of a local government council, such as a city council.Often in the United States, the title is councilman or councilwoman.-United Kingdom:...
s) sometimes may have recourse to a variant on Morton's Fork when dealing with unhelpful unelected officers, or civil servants. This variant asserts that an unelected officer's non-compliance with the directive of their elected officer must be due to one of two equally unacceptable causes: either the civil servant is lazy or incompetent, or the civil servant is acting willfully or maliciously against the instructions given by his/her elected officer.
"Morton's fork coup
Morton's fork coup
Morton's Fork is a coup in contract bridge that forces an opponent to choose between letting declarer establish one or more extra tricks in the suit led, and losing the opportunity to win any trick in that suit. It takes its name from the expression Morton's Fork.-Example:It appears that South has...
" is a maneuver in the game of bridge
Contract bridge
Contract bridge, usually known simply as bridge, is a trick-taking card game using a standard deck of 52 playing cards played by four players in two competing partnerships with partners sitting opposite each other around a small table...
that uses the principle of Morton's Fork.
In American law
Morton's Fork is cited by the United States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
in Burroughs v. Metro-Goldwyn-Mayer, Inc.
Metro-Goldwyn-Mayer
Metro-Goldwyn-Mayer Inc. is an American media company, involved primarily in the production and distribution of films and television programs. MGM was founded in 1924 when the entertainment entrepreneur Marcus Loew gained control of Metro Pictures, Goldwyn Pictures Corporation and Louis B. Mayer...
, 683 F.2d 610 (1982), where heirs of Tarzan
Tarzan
Tarzan is a fictional character, an archetypal feral child raised in the African jungles by the Mangani "great apes"; he later experiences civilization only to largely reject it and return to the wild as a heroic adventurer...
author Edgar Rice Burroughs
Edgar Rice Burroughs
Edgar Rice Burroughs was an American author, best known for his creation of the jungle hero Tarzan and the heroic Mars adventurer John Carter, although he produced works in many genres.-Biography:...
and Burroughs's rights-holding corporation Edgar Rice Burroughs, Inc., claimed copyright infringement in MGM's 1981 film Tarzan, the Ape Man. The film was a remake of a 1932 film based on the book Tarzan of the Apes
Tarzan of the Apes
Tarzan of the Apes is a novel written by Edgar Rice Burroughs, the first in a series of books about the title character Tarzan. It was first published in the pulp magazine All-Story Magazine in October, 1912; the first book edition was published in 1914. The character was so popular that Burroughs...
, originally made under a rights agreement from 1931, and the court held that MGM complied with the terms of the 1931 agreement as the new film was substantially similar to the old film. In a footnote in the decision, Judge Kearse wrote:
"One might perhaps have expected the plaintiffs to contend directly, in light of the issues in this lawsuit, that the 1981 film is based on the book. However, by mounting an indirect attack, in which the major premise is that the 1932 film is based on the book, plaintiffs apparently hoped to impale MGM with a 'Morton's Fork': either the 1981 film followed the 1932 film, thereby infringing the book, or the 1981 film did not follow the 1932 film, thereby breaching the 1931 Agreement. Even if plaintiffs' major premise were sound, which our discussion in the text ... demonstrates it is not, MGM was not necessarily forced into the dilemma that plaintiffs seek to create. Since the standard by which we judge the similarity of film to book is not the same standard by which we must judge the similarity between the two films ... the Fork is flawed by the fact that its tines are not true opposites. Thus the possibility remained that for its new remake MGM could eliminate the arguably infringing elements of the 1932 film in a way that did not substantially alter the story, thereby complying with both the copyright law and the 1931 Agreement. As it happens, this may have been the course MGM followed. Most of the specific incidents in the 1932 film that plaintiffs claim were taken from the book, i.e., Holt's killing of the ape, Tarzan's killing of the lion with a stranglehold, and Holt's asking Jane if she can use a gun, are not in the 1981 film."
See also
- Hobson's choiceHobson's choiceA Hobson's choice is a free choice in which only one option is offered. As a person may refuse to take that option, the choice is therefore between taking the option or not; "take it or leave it". The phrase is said to originate with Thomas Hobson , a livery stable owner in Cambridge, England...
- Catch-22Catch-22 (logic)A Catch-22, coined by Joseph Heller in his novel Catch-22, is a logical paradox arising from a situation in which an individual needs something that can only be acquired with an action that will lead him to that very situation he is already in; therefore, the acquisition of this thing becomes...
- ParadoxParadoxSimilar to Circular reasoning, A paradox is a seemingly true statement or group of statements that lead to a contradiction or a situation which seems to defy logic or intuition...
- Fork (chess)Fork (chess)In chess, a fork is a tactic that uses a single piece to attack multiple pieces at the same time. The attacker usually hopes to gain material by capturing one of the opponent's pieces. The defender often finds himself in a difficult position in which he cannot counter all threats. The attacking...
- Procrustean BedProcrustesIn Greek mythology Procrustes or "the stretcher [who hammers out the metal]", also known as Prokoptas or Damastes "subduer", was a rogue smith and bandit from Attica who physically attacked people by stretching them or cutting off their legs, so as to force them to fit the size of an iron bed...
- Scylla and CharybdisScylla and CharybdisBeing between Scylla and Charybdis is an idiom deriving from Greek mythology. Several other idioms, such as "on the horns of a dilemma", "between the devil and the deep blue sea", and "between a rock and a hard place" express the same meaning of "having to choose between two evils".-The myth and...