We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

The deadening hand comes to Sark

I have been rather puzzled that no one has written about events on Sark. And it has finally occurred to me that, rather than sitting about saying “why has no one written anything?”, I should write something myself.

Sark is an island (or technically a small group of islands) in the English Channel. It was part of the holdings of Duke William of Normandy (William the Bastard) and since his conquest of England in 1066 the fortunes of Sark and (what is now) the United Kingdom have been, in some ways, linked.

Although Elizabeth II is the head of state of Sark it is not part of the United Kingdom (people who are from Australia, New Zealand, Canada or some other places will not be surprised that one can have the same head of state without being part of the same country), but the government of the United Kingdom does stick its nose into the affairs of Sark in some ways.

For some administrative purposes Sark is part of the Bailiwick of Guernsey (which is also not part of the United Kingdom). However, unlike Guernsey, Sark has not introduced such things as income tax. Guernsey introduced a nominal income tax at about the time of the First World War and then an income tax of 20% at the start of the Second World War – sadly never repealed.

Nor is Sark a democracy (as Guernsey is). The hereditory “Seigneaur” (the Channel Islanders origninally spoke Norman French after all) is assisted by a council of 40 land tenents (the “Chief Pleas”) which undertakes the duties of government. In the 1920’s 12 elected deputies were added to the Chief Pleas but (as far as I know) they have never sought absolute power for themselves (sorry, absolute power for “the people”).

Thus Sark has avoided democracy (and many of the “postitive” welfare rights that so many people now seem to believe must go with it). And is indeed known as one of the last strongholds of so called “feudalism” in the world.

Sark has had problems over the centuries (invasions by pirates, the occupation by the Germans in World War II and so on), but its most serious problem has turned out to be the coming of the Barclay twins.

These two brothers (who own, amongst other things, the Telegraph newspaper group) bought the tenancy of the island of Brechow some years ago. This is an island just off the coast of the island of Great Sark and part of the Sark group of islands.

Like all tenants the Barclay twins were required to swear loyalty to Elizabeth (their supreme feudal overlord) and to pay a 13th of the price they had paid for the tenancy to the Seigneur (their direct feudal overlord).

Sadly the Barclay twins have not been loyal to the Seigneur. Perhaps they feel justified in being disloyal because they have more money than him, or perhaps it is because they know that it is no longer a common practice to physically punish people who betray their lord.

The first sign of the disloyalty of the Barclay’s came when they appealed to international “human rights law” for the right to leave their tenancy to a female if they so choose. (Sark has had a female Seigneurs, such as the famous “Dame of Sark”, Sybyl Hathaway, who stood up to the Germans during World War II – but the laws on landholding do favour males.)

Now (last week) the Barclays have gone further. Again using international “human rights law” (with the help of the United Kingdom government) the Barclays have demanded that Sark introduce democracy.

Why should a libertarian care about any of this? Indeed why should not libertarians support the Barclays? After all the Barclays’ use the word “freedom” a lot and present themselves as proud individualists standing up to an oppressive government.

I admit that partly I just resent the end of old custom (the idea that a little place is governed by old traditions – a variation in a bland world), and I also happen to dislike the Barclays.

Leaving one country (to reduce your tax bill) is fine – but it is not fine (in my book) to then toss your weight about in your new country demanding that the ancient laws be changed and calling external powers (including the very United Kingdom government you moved to Sark to get away from the taxes of) to back you up.

But it is more than this.

No one has to stay on Sark. It may be “feudal” but there is no Serfdom there (as far as I know there has never been Serfdom on Sark) and the people do not want this new system of government (for all the patronising talk from the Barclarys about wanting good relations with the “common people” and desiring to educate them about modern political doctrines – “forcing them to be free”?).

Finally consider the off the cuff remarks of the Seigneur (Michael Beaumont) “nothing much is human rights compliant here” and “of course we will have to have a lot of civil servants now”.

I think this tells us what we need to know about a lot of modern conceptions of “human rights” and “democracy”.

A complete non-meeting of minds

Back in November I commented on how some Islamists in Denmark were getting worked up into a lather over some cartoons run by the newspaper Jyllands-Posten in which the prophet Mohammed was portrayed in a less than endearing light.

Well it seems that this story is destined to run and run. People in Srinagar, the largest city in Indian controlled Kashmir, have gone on strike in protest over the Danish cartoons. Now am I the only one who finds this truly bizarre? It is hard to imagine a provincial Danish town, say, Esbjerg, suddenly downing tools to protest a comic saying rude things about Lutheranism in a newspaper in the Indian sub-continent.

Still, it does go to show that there truly is a globalized culture war going on and that is it has nothing to do with the “evil plots of the Bush-Hitler Illuminati”. The fact people in Srinagar even know about the Danish cartoons is remarkable. That the Islamists should have taken the bait Jyllands-Posten dangled in front of them is rather splendid because you cannot win a war, cultural or otherwise, by just defending yourself.

And this is a war we can and must win and, best of all, we get to fight it on ground of our own choosing because what the people of Srinagar have shown is that the enemies of open society can be easily goaded. It is not about ‘social justice’ or ‘economic deprivation’ or any of those smoke screens generally deployed by the Fisks and Galloways of this world when they make their apologias for Islamo-fascism, it is about confronting a culture of intolerance and refusing to tolerate that.

City of amazing skylines

I am out of London for a few days, taking in the sights, sounds and tastes of Istanbul.

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They know a thing or two about footie in these parts

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Almost every turn brings an interesting skyline

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It would appear the gun laws are far less benighted than in poor defenceless Britain

The skylines are really amazing (click for larger image)

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Rather cool Turkish police station… no doubt best seen from the outside

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I had not realised how dramatic the Bosphorus is… a tremendously busy sea-lane running right through the centre of a large city is quite something to behold

The sense that the city revolves around the sea is everywhere. There are so many rod fishermen that my fanciful head started having images of ancient phalanxes (click for larger image)

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And just to ensure no one thinks this report from Istanbul is being posted by an impostor… yes, the city is well stocked with rather fine ladies

My first impressions of Istanbul are that it is dirty, chaotic, its traffic verges on homicidal, the food is great, people seem helpful and friendly. In short, simply splendid!

The Sky is still the limit

In the Sydney Morning Herald entertainment blog, Edmund Tadros made this rather extraordinary claim on Wednesday:

Australian blogs will never be as hard-hitting as their overseas counterparts because of our restrictive laws.

Now, I wonder, why would anyone think that? How do you define ‘hard-hitting’, anyway?

Is a hard-hitting blog one that causes events, especially public events?

Is a hard-hitting blog one that changes public opinions, or stimulates thought?

In the United States, political groups have used the internet to telling effect, and blogs have also exerted a powerful if difficult to define effect on public debate. The rise of Howard Dean, the Trent Lott affair, Rathergate and the Swift Boat Veterans for Truth were all things that could have happened in the context of the Australian legal environment.

Australia also had an election in 2004, but there was only one major effort to use the Internet to influence the Australian public, that being the ‘Webdiary‘ of Margo Kingston, (which was then hosted by the Sydney Morning Herald). The reasons why ‘Webdiary’ was so ineffective in the public debate were numerous, but the principle reason must surely be the total intellectual incoherence of the site and the vulnerabilitiy of the main contributors to the most paranoid interpretation of public events. The most famous example of this was probably the famous ‘anti-gravity’ article in 2003, but it was never easy to take seriously a campaign lead by a senior journalist who could not spell. Margo’s spelling errors and flights of fancy deprived her campaign of credibility and provided a rich lode of material for the likes of Tim Blair and “Professor Bunyip” to mock and ridicule her.

The more prosaic truth is that many Australian blogs are not very good, and those that are good tend to either be more interested in talking about policy of interest to a small few, or are devoted to dissecting and satirising Australian culture. The plain fact is that ‘the great Australian political blog’ is yet to be born. There’s plenty of room for an Australian blog with journalistic skills and political savvy to wake up the slumber in Australian politics, and it has nothing to do with the Australian legal climate.

But it certainly will not be a blog that chewed through $44,000 in its first 10 months as an independent entity.

Torture is inadmissable

Britain’s Law Lords, the nearest thing this nation has to the U.S. Supreme Court, has ruled that evidence obtained by torture is inadmissable in a criminal court. I’ll state right off that this surely has to be the right decision for cases including those of terrorism. Torture is a sort of “canary in the mineshaft” issue in a civilisation. The willingness to admit evidence obtained by torture is a no-go zone for me. Even on practical, consequentialist grounds, the use of torture cannot be expected necessarily to give valuable, credible evidence for those trying to prevent terrorist attacks.

The broader point for me is that there is not much point trying to defend civilisation if we use barbaric methods.

The rule of law has had a good day today.

Update: so far 117 responses! By my rough calculation, about 70 percent think torture is a legitimate practice in certain cases. I honestly don’t know whether the comments are representative of Samizdata readers overall. What I do find odd is that so many of you fellows, normally so hostile to abuse of state power and suspicious of things like ID cards, are prepared to let state agents use torture. That cannot be right.

Britain ‘isolated’ from the EU? I wish it was so!

Britain’s government surrenders billions of our money to the EU in return for… nothing much… and that has left the UK government ‘isolated’ because more was not surrendered.

The gall of the Gauls at insisting Britain’s taxpayers stump up even more when they are massively greater beneficiaries of the EU’s largess than the UK is breathtaking but far from surprising.

Britain is not even nearly isolated enough from the EU for my taste.

The Welfare State must be abolished

James Bartholomew, author of ‘The Welfare State We’re In’, agreed to face a panel of unsympathetic critics in a debate held at the London School of Economics and arranged by BBC Radio 4. Whether the structure of this debate met the guidelines for impartiality laid down by the BBC is a moot point, but James Bartholomew conveyed the major points of his argument, despite interruptions from the panel and the chair that truncated the majority of his argument.

Nicholas Barr is Professor of Public Economics at the European Institute, LSE and author of The Economics of the Welfare State. Edward Davey MP, Liberal Democrat spokesperson on Education, MP for Kingston and Surbiton and a contributor to the recent Orange Book – Reclaiming Liberalism. Niall Dickson, formerly Social Affairs Editor for the BBC, is now Chief Executive of the King’s Fund. Professor Pat Thane is director of the Centre for Contemporary British History, and author of The Foundations of the Welfare State.

None of the panel disagreed strongly with the facts presented by James Bartholomew. It was clear that disagreement stemmed from two fundamentally different worldviews rather than disputing the contemporary effects of the welfare state. Whereas some consider functional illiteracy of 20% to be an indictment of state education and a sufficient reason for its abolition, the panel viewed this failure as room for improvement. Without making the trite comparison of managerialism versus morality, the effect of politics as the art of the possible on individual lives was made very clear.

The poor may have suffered from insecurity concerning health care before the welfare state came into existence. However, if they felt fear over paying for their treatment, this has been replaced by the fear that they may not be treated at all due to healthcare rationing or professional triage. During his talk, James Bartholomew echoed Perry de Havilland and told the audience that the state is not your friend. He showed the blight that the welfare state has wrought on the lives of many individuals and stated that there were no panaceas which could reverse the social and cultural damage.

More thoughts from the speaker can be found here.

George Best and the depravity of genius

The recent death of the footballer George Best has seen an outpouring of sentimental remembrance about the skill and talent of one of Britain’s greatest ever footballers. It has also seen a sober reflection of the darker side of Best’s life. As Sue Mott pointed out:

As a sportsman, he was ruinously worshipped as a god. As society’s golden boy, gloriously handsome, funny and highly intelligent, he enjoyed all life’s little luxuries in conveyor-belt quantities. He was a Hollywood film star from Belfast and while we may now lament the wine, women and song, if you had been there at the time, could you have been the one to say: ‘Shall we put the cork back in the champagne, George, I think we’ve had enough?”

It is a common theme of society that those who are blessed with extraordinary talents at one discipline are allowed special leeway in manners, morals and behaviour that are not bestowed upon lesser mortals. Had Best not been such a great footballer he would undoubtedly have been shunned by society as a drunk and a lecher. But because he was once a truly great footballer, he was treated as something different. People tolerated his drunkenness and women gave themselves to him sexually because he was genuinely seen as being cut from a higher cloth then other men. This may seem unfair, and in a way it is, but it was also the root of his downfall.

George Best, and footballers in general, though, are hardly the only sort of celebrity to take advantage of the special rules of society that are afforded to those touched by genius. And it has been going on for a long time.

Nearly 200 years ago, the poet Lord Byron made use of his fame as a poet to indulge himself in all manner of peccadillos, most of them sexual. That was perhaps not so uncommon for a Peer of the Realm back then, but it was mirrored by the behaviour of Percy Bysshe Shelley. A more dramatic example is in the personal life of Ludwig van Beethoven. Poor health, deafness, depression, loneliness and financial troubles made him a very difficult man to deal with, but he was indulged by many people precisely because he was obviously the greatest musical talent of his day.

Poets and classical composers do not have the influence on society in this day and age as they used to. The place of Byron and Beethoven has been taken by sports stars and actors and television celebrities. Some of these people, like Shane Warne are as gifted in his field as Byron was as a poet; and Warne has been noted for womanising on a considerable scale as well. Some are, in sober fact, non-entities, but we live in a vacuous time where everyone gets their ‘fifteen minutes of fame’.

Many not so talented people have also exploited their celebrity to get away with actions that would not be tolerated in others; Hollywood is of course notorious for this sort of thing, where actors and actresses have their notions of their own worth and talent over-inflated by agents, publicists, and the media. A similar fate has befallen many popular musicians over the last forty years. This sort of bad behaviour takes many forms, not just in terms of sexual self-indulgence, but substance abuse, or simply by being a difficult and unpleasant person to be around. The life and times of John Lennon reflect this- he confused his musical talent with wisdom, and spent his latter years pontificating about a society of which his understanding of seems have been very limited indeed. However, because he was such a fine musical talent, no one was willing to stand up to Lennon and tell him that he was talking nonsense.

Why? Why do we allow this select group of people, not all of whom are that talented, to get away with this sort of thing. Why can’t we “put the cork back in the champagne” as it were? There seems to be something innate to many people who must feel that they can reflect the glory of the star’s achievements by indulging them in their foibles. This can not be healthy for us any more then it is healthy for the stars. Just look at George Best now.

Samizdata quote of the day

Society is something emergent that occurs when people interact with each other, you cannot point at it and you cannot owe it anything. When any politician says the word ‘society’, you can be damn sure what he really means is ‘the state’.
– Perry de Havilland

Imagine a world without ‘Imagine’

If people want to make a fuss about what a cultural phenomenon the Beatles were, and comment on their innovative and interesting music, well that is just peachy and not at all hard to understand. What is a bit baffling is why so many folks are trying to suggest John Lennon was anything more than a talented musician.

I just watched part of the old recording of his peace-bed thing with Yoko Ono and I was reminded of an old Dirty Harry quip: a man’s got to know his limitations.

“All we are saying is give peace a chance”. And it was true, that really is all he was saying. Lennon said it over and over again. Peace, peace, peace, peace, peace, peace, peace, peace, peace… and presumably felt that just repeating the word over and over again was a better way to convince people that is was a mistake to oppose the communist take-over of South Vietnam… rather than, say, a geo-political critique of US involvement or, say, arguing that preventing communist domination of South Vietnam was not worth American lives or in fact articulating any sort of coherent argument at all. I too would like to imagine a world without war, but I would like to imagine it without tyranny first.

The guy was a buffoon. A talented, gifted, artistic, charismatic buffoon. Just stick to celebrating his art.

Law-lag

Granted his early appearances with Take That were aimed squarely at the pink pound, but that is a historic video persona. Robbie Williams himself is virtually a by-word for, how should I put it… cocky, pop-star heterosexuality. So much so, it seems pretty darn odd that even gossipy, downmarket, national newspapers should choose to print flimsy stories attributing to him a history of casual gay sex. The sequel, however is odder.

British libel law being what it is, the already wealthy Mr Williams has just received a large financial settlement and an apology. Good for him! Silly newspapers who should know better made untrue statements, and he took full advantage of the law to get compensation.

But there is something weird going on, nonetheless. Leave aside the peculiar way defamation puts the burden of proof on the defence. Here we have an example of the inflexibility of the common law. Why in early 21st century Britain it prima facie defamatory to impute homosexuality to a man (or, for that matter, un-chastity of any kind to a woman)?

This same week the British state directly affirmed (or seized control over, depending on your point of view) same-sex partnerships for the first time. And it is not just official recognition. Openly gay individuals are accepted and successful public figures. The most popular BBC drama series last year was the revival of Dr Who, mainstream family programming with a recurring supporting character who is a polymorphously perverse time-travelling conman, now liberated into his own series. The most imitated comedy turn in the nation’s playgrounds is Little Britain‘s Daffydd*, soi-disant “only gay in the village”, the joke of whom is his determination to be oppressed despite all the evidence around him that plenty of neighbours are un-dramatic queens, and nobody gives a toss anyway.

Likewise, who would give a toss if Robbie Williams had had homosexual dalliances? It wouldn’t make him a less entertaining performer or his music less catchy. It would not make him a less engaging personality. Arguably more complexity is more interesting in a public figure. So it is hard to see how the libellous story, however wrong or personally hurtful, could either lower him in the estimation of his peers or significantly damage his commercial prospects, which is the theoretical justification for libel damages.

On the other hand, I can be disparaging about the content of his musical work, or his stage act, and if I am widely published, then I might do real injury to his sale prospects, as well as emotional hurt to the creative person and performer. That’s not actionable, though. I am not saying it should be, but the comparison illuminates how archaic is libel.

[* I’m grateful for a commentator’s correction.]

David Cameron wins Tory leadership

So the Boy Wonder (same age as yours truly, gulp) has been elected leader of the Conservatives. We have been fairly rough on David Cameron these past few weeks, concerned that Cameron does not seem to stand for anything much other than a desire to be jolly nice, moderate and sensible (ie. to maintain the status quo with a blue tinge). Well, I am at least prepared to repress my concerns for a while and see how he does. With the economy showing signs of cracking under the increasingly oppressive Chancellorship of Gordon Brown, and with Blair seemingly unable to push through his reforms, the time is ripe. Luck has a huge bearing on politics and as Bonaparte said of his generals, luck is as important as ability. The media has certainly been gushing about him, which again gives me the jitters. If the Tories are to win, they must regain some of their lost territory in places like the West Midlands, not just the salons of Islington.

We shall see.

UPDATE: I seem to have hit the post button almost at the same time as our sainted Perry. Great minds think alike!