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]

Statists of the world unite!

Monbiot sounds like a cross between Chairman Mao and a 17th century Puritan, banning anything that doesn’t fit his world view. The really weird thing is that the authoritarian Left are making alliances with authoritarian Right. The above-mentioned covidfaq website is run by Sam Bowman who used to take his shilling from the right-leaning Adam Smith Institute, one of the many so-called “think tanks” out there. At this point it’s worth mentioning – in line with documentary maker Adam Curtis – that think tanks don’t actually do any thinking. They are in effect PR operations for ideologies. And were previously sworn enemies of the Masons and Monbiots of this world.

In a similar vein, Mason has called for Boris Johnson to silence (or at least mock) the dissidents. He tweeted: “I don’t just want Johnson to say “Stay home, save lives” etc. I want him to call out and ridicule the bull**** anti-maskers, lockdown skeptics and denialists in his own party – and order social media platforms to suppress/label Covid disinformation. That’s leadership.”

No Paul, that’s tyranny. As I said, it’s sad to see a formerly radical thinker abjectly submitting to authority in this way. And we’re perhaps lucky that, for all his faults, Boris is not actually a tyrant; at least, not yet. The problem for the Left is that it’s been the contrarian Tories like Toby Young and James Delingpole who have led the questioning of government policy on lockdowns. So, almost instinctively, people like Mason recoil against lockdown scepticism simply because Young, Delingpole and their shock-jock ilk are lockdown sceptics.

Tom Hodgkinson

Hodgkinson is a left-statist with a tenuous grip on economic reality and an equally poor grasp of the inevitable civil liberties implications of his world view. Nevertheless, as many on my side of the fence have long known, one should never just read people you always agree with. We are far more likely to have read Communist Manifesto, Capital, Mao’s Little Red Book, Revolt against the Modern World etc. than the other side is to have read Fatal Conceit, Human Action or Wealth of Nations.

The linked article makes many good points, and he is certainly on-the-money about Sam Bowman, who was always an authoritarian; I think the ASI is well shot of him. In a similar vein, I need to also write an article about the not unrelated reason I also stopped giving a token monthly pittance to the Institute of Economic Affairs. These days I give substantially more to Lockdown Sceptics than I ever did to the IEA.

But I think the “touchingly naïve disappointment” also applies to Hodgkinson, who failed to see long ago that George Monbiot and Paul Mason were always up the Orwellian INGSOC end of the political spectrum. In many ways Monbiot and Mason are just more consistently applying the ideology they share with Hodgkinson.

But hey, if Hodgkinson and his ilk are starting to see the light, the war we are well and truly in today is such I for one care little who is in the trench next to me, just so long as they are pointing their weapon of choice at the enemies we share. A great many things are realigning on oh so many levels.

Samizdata quote of the day

The Scottish Crown Office subsequently wrote to us on March 5th demanding we remove the article. Guido decided to ignore it as it seemed unlikely to prejudice matters or reveal witnesses. The Spectator has taken the same approach to the same letter.

Guido Fawkes

Samizdata quote of the day

I’m sorry, but if you didn’t object to the Metropolitan Police’s brutal tactics in dispersing anti-lockdown protestors in Trafalgar Square last September, you cannot condemn their employment of identical tactics last night. Either you defend the right to protest for everyone, or you defend it for no one. You cannot just get worked up about it when it affects those whose cause you approve of.

Toby Young

The Hate Crime (Scotland) Bill is due to pass tonight

In the (Glasgow) Herald, Scottish Justice Secretary Humza Yousaf writes,

New Hate Crime Bill extends protection of people

Odd headline. Make that some people.

This week Parliament will consider further amendments to the Hate Crime Bill before a final vote on our proposed reforms

By “Parliament” Mr Yousaf means the one with him in it, i.e. the Scottish Parliament. The SNP love this rhetorical trick of pretending the Scottish Parliament is the only one of any relevance to Scotland. Wishing this to be so is a perfectly legitimate goal, but pretending it is already so is premature. Of course all the Scottish people have to do to ensure that the Parliament with Mr Yousaf in it becomes the sole decider of what laws they live under is carry on voting for Mr Yousaf’s party in the numbers they now do.

The new Bill will modernise and consolidate hate crime law and provide clarity. It brings together various piecemeal additions and changes to the law made over time, while also recognising the need to clamp down further on this all too pervasive, damaging behaviour.

As a person of colour the law has protected me, for the last 35 years, from anyone stirring up hatred against me due to my race.

The law cannot have done a very good job of protection, given that he said in the previous paragraph that hate crime was “pervasive”, and that he complains a few paras down about all the hate he receives.

This Bill now extends that protection to people in relation to their age, disability, religion, sexual orientation, transgender identity or variation of sex characteristics (previously known as intersex).

The legislation has come a long way. As Parliament has been considering the detail of the Bill the Government has listened – making changes and reflecting on concerns to improve a piece of powerful legislation that I believe is fitting of the Scotland we live in.

That being the Scotland where race hate crime is pervasive.

Robust Parliamentary scrutiny has been essential to the process.

Concerns over the impact that stirring up hatred offences could have on freedom of expression were raised. And these have been listened to and are being acting upon. We have made a number of significant changes already, including ensuring that any successful prosecution for the new offences must prove that the person intended to stir up hatred. We have also inserted a “reasonable person test” to clarify that when determining if behaviour is “threatening or abusive” an objective test is applied.

By “we” Mr Yousaf means that the SNP reluctantly accepted one amendment from the Scottish Conservative MSP Adam Tomkins. That link takes you to a Guardian article that also notes that “Tomkins and fellow Conservative Liam Kerr failed to secure an amendment that they argued would protect disagreements, for example, at the family dinner table.”

Mr Yousaf continues,

The Justice Committee has offered critical scrutiny and recently held constructive discussions on a freedom of expression clause that would further protect everyone’s right to freedom of speech.

You don’t say whether these discussions led to any action, Mr Yousaf. Hint: they didn’t. His only reason for cooing about how constructive the discussions were is to conceal the fact that the this clause that would theoretically further protect everyone’s right to freedom of speech was not actually constructed, just talked about.

I am confident that our proposed amendment on this now strikes the right balance between protecting groups targeted by hate crime and respecting people’s rights to free speech.

A number of national Women’s Organisations, such as Scottish Women’s Aid, Engender and Rape Crisis Scotland have raised concerns over the inclusion of a Sex Aggravator.

I’m not surprised. They should never have let a Sex Aggravator sit on a parliamentary committee. → Continue reading: The Hate Crime (Scotland) Bill is due to pass tonight

Lord Sumption – mass civil disobedience has begun

Lord Sumption: Our status as a free society doesn’t actually depend on our laws or our constitution, it depends on convention. It depends on a collective instinct as to the right way to behave. There are many things governments can do which it is generally accepted they should not do. And one of them, until last March, was to lock up healthy people in their homes.

Interviewer: So, do you think we have taken an irreversible step towards being more Chinese, more dirigiste?

Lord Sumption: I very much fear that we have

– From an Unherd interview titled: Lord Sumption: mass civil disobedience has begun

I do not agree with Sumption on every point by any means but this interview is well worth your time.

Samizdata quote of the day

It was also Blair’s government that criminalised the right to silence at British ports. Thanks to Schedule 7 of the Terrorism Act 2000, to this day any person may be detained and questioned, with no need for reasonable grounds. It remains a criminal offence not to answer questions during such an interrogation. These laws were originally intended for Irish Republicans, and came to be used largely for jihadist terrorism — but typical of government mission creep, they were eventually applied to obstruct controversial journalism. The most publicised example of this occurred in 2013, when Glen Greenwald’s partner David Miranda was detained under these powers at Heathrow airport for nine hours.

– Maajid Nawaz discussing Blair’s constant war on freedom

Samizdata quote of the day

“The glacial pace at which we’re being handed back our liberties is a stark contrast to the terrifying speed at which they were taken away. The deprivations of the last year have been so many and various that it’s difficult to remember what happened when, but having to cancel Christmas plans with just five days’ notice isn’t something many families will soon forget.”

Alys Denby

Samizdata quote of the day

Governments don’t oppose gig economy jobs because of a concern for working conditions, they do it because “real employees” are the most heavily taxed people in the economy, and the more of them there are the more the government can milk them for their outrageous vote buying schemes. Employees are much easier to manage and control both by employers and bureaucracies than freelancers. Consequently, bureaucracies prefer them.

Fraser Orr

How dare they not want to be rescued

Two days ago the BBC reported that the Supreme Court had ruled that Uber drivers are workers rather than being self-employed.

With what glad hosannas did the drivers greet the news of their liberation!

Er, no. As Sam Dumitriu writes in CapX,

Putting questions of legality to one side, it’s clear Uber’s business model works for drivers. If you don’t believe me, just ask them. Countless surveys have found that the majority of Uber drivers are happy with the status quo and would not sacrifice flexibility for greater security.

A survey carried out by Oxford University academics Carl Benedikt Frey and Thor Berger, in partnership with Uber, found that drivers reported higher levels of life satisfaction compared to other London workers, despite on average earning less. And, counter to the conventional wisdom, drivers typically worked full-time in other jobs before choosing to shift to Uber. Furthermore, more than four-fifths of drivers agreed with the statement: ‘Being able to choose my own hours is more important than having holiday pay and a guaranteed minimum wage’. They found that drivers would accept a move to fixed hours – but only if it came with a 25% pay rise.

Perhaps they had looked across the Atlantic and seen the results of California’s attempt to save gig economy workers from working in the gig economy:

In Uber’s home state of California, 70% of drivers backed Proposition 22, a ballot measure that created a carve-out for ridesharing services from the state’s tough laws on freelance work. The measure passed with 59% of the vote in November.

AB 5, the freelancer law which Prop 22 was responding to highlights how interventions designed to solve a problem in one market can have unintended consequences in others.

When it passed, Vox published an article: “Gig workers’ win in California is a victory for workers everywhere”. A month later they published another article: “Freelance journalists are mad about a new California law. Here’s what’s missing from the debate. The alternative to AB5 would be worse”. Two months later, Vox Media itself cut hundreds of freelance writing jobs in California.

Samizdata quote of the day

And so it was written. Nothing is now unthinkable. The difference between China’s bureaucratic totalitarianism and our own is now a matter of degree, not kind. The future is a bleak vista. Scientists claim that lockdown cycles will continue for years, and regular reviews of personal freedom look set to become as quotidian as changes in interest rates. Even if Covid-19 does disappear, it will be a brave politician who, in a future NHS winter crisis caused by traditional common-or-garden influenza, refuses to impose restrictions that scientists promise will save thousands of lives. Civil liberties safeguarded during two world wars are now, as they are in China, gifts of the state.

Jacob Williams

COVID-19 and the Political Economy of Mass Hysteria – a quotation

Investigating the possibility and extension of a mass hysteria related to COVID-19 is beyond the scope of this article. In this article, we analyze a more fundamental question, namely, the role of the modern welfare state in mass hysteria. There can certainly be mass hysteria without the state in a private law society or within the context of a minimal state. This possibility exists due to the negativity bias of the human brain [55], which makes people vulnerable to delusions. Due to biological evolution, we focus on bad news as it may represent a possible threat [56]. Focusing on negative news and feeling a loss of control [57] may cause psychological stress that can develop into a hysteria and propagate to a larger group.

In a society with a minimal state, negative news may start such hysteria. Due to the negative news, some people start to believe in a threat. This threat evokes fear and begins to spread in society. Symptoms can also spread. Le Bon [58] called the spread of emotions through groups “contagion”. Once anxiety has spread and the majority of a group behaves in a certain way, there is the phenomenon of conformity, i.e., social pressure makes individuals behave in the same way as other members of the group. In the end, there may be a phenomenon that has been called emergent norms [59]: when a group establishes a norm, everyone ends up following that norm. For example, if a group decides to wear masks, everyone agrees to that norm. Emergent norms may explain the later stages of contagion. Contagion by fear can lead people to overreact strongly in a situation, even in a minimal state. Nonetheless, in a minimal state, there exist certain self-corrective mechanisms and limits that make it less likely for a mass hysteria to run out of control.

– from COVID-19 and the Political Economy of Mass Hysteria.

I strongly recommend reading this entire paper as it really does an excellent job of explaining where we are now.

No place outwith the State

“MSPs back criminalising hate speech at the dinner table”, reports the (Glasgow) Herald

HATE speech in the home is set to be criminalised after a Tory attempt to stop it failed at Holyrood.

Critics fear it could lead to over-heated dinner table conversations being investigated by the police under the Scottish Government’s new Hate Crimes Bill.

However MSPs on the justice committee agreed with Justice Secretary Humza Yousaf that there should be no exemption for hateful speech and conduct just because it was in a private dwelling.

He said the law often dealt with events in the home, and an exemption could mean, for example, that someone who urged people in their house to attack a synagogue, but then did not take part, could not be punished for inciting the crime.

Humza Yousaf’s choice of example is disingenuous. There has never been a “dwelling exemption” when it came to inciting a crime, and no one has suggested there should be one. The amendment allowing a dwelling exemption that was unsuccessfully tabled by the Tory MSP Liam Kerr related only to the “stirring up of hatred”.

It is disturbing enough that such an amorphous charge should ever be made a matter of law at all, but whatever he might think of the Hate Crime Bill as a whole, Kerr’s proposed amendment in this instance was limited to suggesting that the rule whereby it becomes a crime to stir up hatred would be suspended if “words or behaviour are used by a person inside a private dwelling and are not heard or seen except by other persons in that or another dwelling”. In other words Kerr did not think it should be a crime to stir up a particular emotion in another person if done in private. By seven votes to two, the Justice Committee of the Scottish Parliament disagreed. Assuming the Bill passes, it will thus be a crime in Scotland to say words deemed to be hateful, even if done in your own home.

This new crime having been created, will failure to report this crime itself be a crime? According to the website “Ask the Police”, “Whilst there is no legal requirement to report a crime, there is a moral duty on everyone of us to report to the police any crime or anything we suspect may be a crime.” Since asking the same question in “Ask the Scottish Police” redirected me to the same answer, I assume this answer also applies to the separate Scottish legal system. That is only slightly reassuring. Once reported, a potential crime must be investigated. The suspect must be questioned. Witnesses must be called. By the nature of this new crime the suspects and witnesses are likely to be the family members of the accuser. To many that will be a feature not a bug.

I call it a “new” crime, but that is a misnomer. The Scottish Government – soon to be the Scottish State if the ruling party of the current Scottish Government has its way – is set to return to methods of maintaining order that are very old.