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

Philosophy today

In an article called “The greens and the fascists” Bishop Hill linked to this paper by Trygve Lavik, Associate Professor of Philosophy at the University of Bergen:

“Climate change denial, freedom of speech and global justice”.

Bishop Hill did not use the word “fascist” inappropriately when he described Professor Lavik’s views as “unmistakably fascist”. Here is the abstract of the paper (emphasis added):

In this paper I claim that there are moral reasons for making climate denialism illegal. First I define climate denialism, and then I discuss its impact on society and its reception in the media. I build my philosophical arguments mainly on John Stuart Mill and Thomas M. Scanlon. According to Mill’s utilitarian justification of free speech, even untrue opinions are valuable in society’s pursuit of more truth. Consequently one might think that Mill’s philosophy would justify climate denialists’ right to free speech. A major section of the paper argues against that view. The main arguments are: Climate denialism is not beneficial because its main goal is to produce doubt, and not truth. Climate denialism is not sincerely meant, which is a necessary condition for Mill to accept utterances. Climate denialists bring harm, by blocking necessary action on climate change. Primarily they harm future generations and people in developing countries. Hence the case can be made in terms of global justice: Would future generations and people in developing countries support my claim? I think so, or so I argue. My argument from global justice is built on Scanlon’s distinction between the interests of participants, the interests of audiences, and the interests of bystanders. The climate denialists have participant interests “in being able to call something to the attention of a wide audience”. Audience interests consist of “having access to expressions that we wish to hear or read, and even in being exposed to some degree to expressions we have not chosen”. Future generations and people in poor countries are bystanders to the climate debate. If the debate postpones necessary actions, it is the bystanders who must pay the price. I argue that bystanders’ costs outweigh participants’ and audiences’ interests, and that this is an argument for a statutory ban on climate denialism.

Keywords: climate change denial, freedom of speech, global justice, utilitarianism, harm principle

Discussion point (Christmas edition)

Christmas celebrations banned in Somalia, Tajikistan and Brunei.

Their gaff, their rules?

You can take my plastic bag from my cold, dead hands

Today I visited the Click & Collect counter at Debenhams, a department store. This is an arrangement whereby one orders goods using a web site then visits the premises to collect them. “Sorry about the wait,” said the clerk when I reached the front of the queue. Later she asked if I wanted a bag in which to carry my purchase. “You have to pay 5p.” I did not have any change, and withdrew from my wallet a pristine £20 note. The Click & Collect counter must not be set up for cash payments, as the clerk looked slightly panicked but decided her job was to make me wait some more: “Could you join the queue over there to pay?”

At the front of that queue I declared, “I am to pay for this bag.” The look of confusion that was the reply made me wonder if, perhaps, the intention all along had been for me to shrug and walk away without paying. “You want to pay for that bag?” Yes, I did. The cashier slid the £20 back towards me and muttered something that I took to mean, “get out of here.” I thanked her and left.

The UK’s 5p “bag charge” is not a Pigou tax to cover the externality of disposing of the bag. Neither is it to raise money for charity. It is explicitly designed to change people’s behaviour. “We expect to see a significant reduction in the use of single-use plastic carrier bags as a direct result of the charge”, says the Department for Environment, Food & Rural Affairs, while looking sternly over the top of its spectacles, one imagines.

More than that, people who insist on continuing to use plastic bags are to be made to feel awkward and deviant. Like smokers, we are to be de-normalised.

The mechanics of buying groceries are tedious. I would prefer the transaction to go gracefully with the minimum of conscious thought. I do not want to be made to consider such philosophical questions as, “do you want a bag for life? We have to charge 5p for the other ones. You don’t? Oh well, I will try to use the minimum number of bags to save you money. What’s that? You don’t care? You want me to use the number of bags appropriate for secure and efficient carrying of the volume, mass and tessellation properties of the items you have purchased? What a strange customer you are.” I feel that social disapprobation every time.

A while ago, at a supermarket, I paid by credit card for my items before realising the cashier had not bagged them. “Can I have a bag?” Then I fumbled around for change until the customer behind me in the queue insisted on paying for me. I left haunted by the idea that he thought I had arranged this situation on purpose. When it happened again at a newsagent the other day, I insisted on paying even though the cashier offered to waive the fee. Partly to assure everyone in the vicinity that I was not a skinflint and partly because, like a feeble imitation of an Ayn Rand hero, I want to force Them to confront what They have wrought. Next time, to spread fear, uncertainty and doubt, and to make more miserable the lives of future shoppers, I might point out that they should be careful about waiving the charge as there are DEFRA agents in our midst, carrying out secret shopping operations. Yes, I will fight back!

I will continue to use single-use plastic bags for as long as I am able. Not just because I am too disorganised to plan my shopping jaunts in advance and ensure that I set out with the correct number of re-usable bags, but also as a service to you, dear readers, that you may from the safety of your laptops observe the abuse and ostracisation of a misfit; that you may know the nature of the state.

Defending free speech, making a name for yourself, and having a whale of a time

I like these people:

Free speech campaigners have secretly evaded a student union ban on two speakers who were deemed to have broken rules on causing offence.

The speakers, Milo Yiannopoulos, a self-styled men’s rights activist, and Julie Bindel, a feminist writer, were originally due to address the University of Manchester’s free speech and secular society in October to debate tensions between feminism and free speech until the student union stopped them.

Student leaders said that Ms Bindel’s views on transgender people were “transphobic” and that Mr Yiannopoulos was a “professional misogynist” and “rape apologist”.

However, Manchester’s free speech society proved to be made of sterner stuff. Its members created a new association, used a lecture hall as a venue and publicised the event only on the morning that it was to take place.

The Times, today.

Several aspects of this story lead me to wonder if I have slipped into a nicer timeline than the one I’ve been living in recently.

It was about students standing up for free speech against po-faced authoritarians. In 2015.

The university didn’t surrender. In 2015.

Better yet, it actually helped the good guys:

The university authorities themselves were part of the plot, agreeing to provide a lecture theatre as a venue for the rescheduled event and arranging for a large retinue of security staff.

More fun things to note include the fact that the process of nimbly outwitting the lumbering Students Union by adroit use of social media was obviously huge fun. These days if you want to build up a bank of happy memories of a rebellious youth to comfort you in your old age, you rebel against the Students Union. You could make a name for yourself that way. So could the Student Union apparatchiks make their names, as sour, whiny prematurely-withered prunes who couldn’t stop the music. No one will boast that they were part of Manchester Student Union in the good old days.

I have a personal grudge against Julie Bindel, and I could get irritated by Milo Yiannopoulos. Three cheers for them both for this.

Is copyright law really this stupid?

Ars Technica says than in the UK “you may soon need a licence to take photos of that classic designer chair you bought”.

Changes to UK copyright law will soon mean that you may need to take out a licence to photograph classic designer objects even if you own them. That’s the result of the Enterprise and Regulatory Reform Act 2013, which extends the copyright of artistic objects like designer chairs from 25 years after they were first marketed to 70 years after the creator’s death. In most cases, that will be well over a hundred years after the object was designed. During that period, taking a photo of the item will often require a licence from the copyright owner regardless of who owns the particular object in question.

There are lots of exceptions hinted at here: what is a classic designer object and why will the photograph only require a license “often”? It also seems as if such copyright enforcement already exists and only the timing is changing. Perhaps in practice the effects of this change in the law will be minimal.

Nevertheless, it is wrong to meet with violence the non-violent act of photographing an inanimate object. It is also so unintuitive that people will be surprised by it. And it is so unenforceable that it will be applied selectively.

There is another possibility. A Star Wars fan recently had his Facebook account suspended for posting a photograph of a Star Wars toy.

One possibility is that at least someone at Disney was openminded about Carvalho’s thoughtful response, but the organization has a software-enabled copyright enforcement regime in place that they simply can’t stop.

Pattern recognition software means that previously unenforceable crazy laws and policies can now be uniformly enforced. I find this…interesting.

‘No offence’ – in Northern Ireland…

Thirteen members of a Loyalist marching band, the Young Conway Volunteers, have had their criminal convictions for ‘doing a provocative act likely to cause public disorder or a breach of the peacequashed after the Public Prosecutor agreed not to oppose their appeals.

The non-offence occurred after the marching band found themselves marching in a circle outside St Patrick’s Church (Catholic) in north Belfast, whilst playing (allegedly aggravated by hostility) a tune alleged to have been ‘the Famine Song’ with the presumably catchy refrain ‘The famine’s over, why don’t you go home?‘, but what they said was the Beach Boys ‘Sloop John B‘ (reportedly an easy mistake to make, the basic tune is widely used). How this was proved at the original trial when they presumably were playing a tune on instruments and not singing was not made clear.

Although now acquitted, the band members agreed to be bound over to keep the peace for 2 years (not a conviction but a promise of good behaviour, breach of which could lead to a 7 day jail term).

Whilst this acquittal in the face of ‘hate legislation’ is certainly a good thing for liberty, I note the apologetic tone of the response of the Orange Lodge, which presumably has some connection to the band:

In a statement, The County Grand Orange Lodge of Belfast welcomed the successful appeal.

“We are glad that justice has finally been achieved for these band members who had been wrongly vilified by the media and nationalism,” it said.
“There never was an intent to cause offence.”

One might ask what on Earth were they marching for if not to ‘cause offence‘ (in the subjective sense) on 12th July by their celebration of the lifting of the siege of Londonderry? To say that there was ‘no intent to cause offence‘ appears to concede that offence was caused, rather than taken or even perhaps rejoiced in as an opportunity to throw the legal machinery of the State at the band.

Why not say that this legislation is oppressive, tyrannical and makes the law itself a politicised weapon, a sword, not a shield?

To me as an Englishman, the whole shebang seems utterly alien, the intolerance and fanaticism on both poles of the Ulster divide mark them as having more in common with each other than with insipid, fundamentally apolitical England. Whether or not that is a good thing for Northern Ireland, or for England, may in the long run be another matter.

Medical student ‘struck off’ before he even started – because of a Facebook post

A fourth-year medical student at Leicester University, Mr Ravindu Thilakawardhana, has been deemed unfit to practice medicine by the University, after making comments on Facebook towards someone who had annoyed him, the Independent tells us. It appears that he will not be permitted to complete his degrees and graduate, quite a long way down the line too.

Ravindu Thilakawardhana, who was in his fourth year studying medicine at the University of Leicester, became furious when a fellow student posted explicit pictures of his friend onto the social networking site.

Mr Thilakawardhana retorted with a photo of the actor Liam Neeson accompanied by the words: “I will look for you, I will find you, and I will kill you,” the Leicester Mercury reports.

He later sent a private message to the student saying: “I don’t want to see you on a night out in Leicester, or in the UK.”

The student reported Mr Thilakawardhana to the medical school who reprimanded him, before deeming him “unfit to practice medicine”.

The matter is going to law, with Mr Thilakawardhana taking legal action in the hope of having his sanction overturned.

There has been no criminal conviction (not even a prosecution) of Mr Thilakawardhana over his action, and yet his career is effectively ruined, as things stand, because of an intemperate post. This has all the hallmarks of a grotesque reaction to me.

How many other medical students might be barred from the closed shop profession for expressing attitudes that render them ‘unfit to practice medicine’? How wide might this ‘catch-all’ classification extend? Has all common sense left the University? (Yes, I know, by definition…) Is this not tyrannical, with echoes of Dr Bonham?

Samizdata quote of the day

What do you want?
Information.
Whose side are you on?
That would be telling. We want information… information… information.
You won’t get it.
By hook or by crook, we will.

– The Prisoner (intro written by George Markstein, as far as we know)

[youtube https://www.youtube.com/watch?v=zalndXdxriI&w=420&h=315]

 

The state has never been your friend. What about your friends (and others) who work for the state?

I came across an article titled The Public Sector: Standing In Our Way Until We Pay Up (browsing Catallaxy Files). Both are recommended reading. The article is written from an American perspective, but speaks of experiences both Americans and non-Americans would be familiar with. I have reproduced what I found to be the more thought-provoking parts of the article here:

…one popular theory of the state — one that is pretty well-supported by the historical evidence in the European context — is that this is where governments come from: protection rackets that survive for a long enough period of time that they take on a patina of legitimacy. At some point, Romulus-and-Remus stories are invented to explain that the local Mafiosi have not only historical roots but divine sanction.

The fundamental problem — the provision of services — never really goes away. It is even today a critical issue in places that are (or recently have been) ruled by crime syndicates such as the Taliban and Fatah. Hamas, especially, is known to put some real effort into the social-services front. There are some services that markets historically have not done a very good job of providing — these are called “public goods,” which is a specific term from political economy and not a synonym for “stuff the public thinks is desirable” — and their provision is the only real reason we have governments. Or, more precisely: Providing public goods is the only legitimate reason we have governments.

In reality, we have governments for lots of reasons, most of them illegitimate: That ancient instinct toward banditry is powerful, and the desire to make a living by simply commanding economic resources rather than earning them through trade or labor seems to be a fixed feature of a certain subset of human beings. Patronage and clientelism are very strong forces, too, and government can be used to create public-sector salaries or welfare benefits that are well in excess of the wages that political clients could expect to earn in honest work. In the United States, our swollen public-sector payrolls, particularly at the state and local level, are little more than a supplementary welfare state, providing a more dignified form of public dependency for relatively low-skilled and mainly unenterprising people.
(…)

When it comes to government, if you aren’t involved in the provision of actual public goods, you are involved in extortion. It may be legal. It may have the blessing of the mayor, the city council, and your union representative, but it’s still extortion. And you should be ashamed of yourself. If your only purpose is getting in the way until somebody hands you money, then you are part of a protection racket. And you might want to think about going into a more honorable line of work.

Prior to reading the article, I was familiar with the hypothesis that the origin of the modern state has its roots in criminal enterprise, yet it is always amusing attempting to reconcile this with the modern state’s increasingly matronly efforts to get its subjects to behave themselves. And it is certainly far from an implausible theory, when you consider how similar the objectives of a criminal enterprise and a state can be. The major difference is, of course, that the state functions within the law – hardly surprising since it is the major source of law – while criminal organisations operate outside of the law. But honestly, how could the activity of a crime gang that defeated a local rival in a turf war be described as anything other than a spot of localised gun control – in terms of ends, if perhaps not means?

→ Continue reading: The state has never been your friend. What about your friends (and others) who work for the state?

Why we libertarians love Uber not just as a service but as an issue

I and my libertarian friends all love Uber. By that I don’t just mean that we love using Uber, the service, although I am sure that just like many others, we do. I mean that we love talking about Uber, as a libertarian issue, as an issue that nicely illustrates what libertarianism is all about and the sorts of things that libertarians believe in. In particular, we believe in: technological innovation and the freedom to do it, for the benefit of all, except those in the immediate vicinity of it and overtaken by it, because they make a living from the technology that is being overtaken.

Example. A couple of weeks ago I attended a talk about Art, which suggested that Art is not abundant enough and not benefiting enough people. A big part of the response from the floor during the Q&A afterwards was: It depends what you mean by Art. By most reasonable definitions, there has never been more Art. Prominent London libertarian Professor Tim Evans compared the attitude of the speaker to that of a London Black Cab driver fretting about how to keep London Black Cabs going, what with so many Londoners now preferring Uber Cabs. My point is not that this was a fair comparison, although I thought it was. My point is that we libertarians love Uber so much that we insert Uber into conversations about quite other things. Uber is something that we just love to talk about. And it’s not just Tim Evans, and me, and Johnathan Pearce, and Rob Fisher and Perry de Havilland who love to write and talk about Uber. Based on the conversations I’ve been having with fellow libertarians, it’s pretty much all of us. This is an issue which unites all of us, and which divides our opponents. After all, even anti-libertarians need a taxi ride from time to time, and they prefer it to be cheap and obtainable rather than expensive and unpurchasable.

At the very moment I first typed in the above paragraph, an email arrived from the IEA, telling me about how the IEA’s boss, Mark Littlewood, has been mixing it with Black Cabbies on the radio.

As for me, I found my interest renewed in the Uber battle when I encountered this Black Cab, last August, in Victoria Street, just up the road from the Houses of Parliament:

BlackCabAdvertisingUber1

Why was this cab of interest to me? Well, let’s take a close look at the rather intriguing politics lesson on the side of this Black Cab:

BlackCabAdvertisingUber2

As you can see from this posting at my personal blog, way back in August when I took those photos, I had in mind to put something here way back, provoked by them. But the delay didn’t matter. This issue is not going away any time soon.

The taxi driver whose taxi sported this advert clearly thought that this was an advert about how wicked Uber is. Uber lobbies. Uber puts Prime Ministerial friends on its payroll. Bad Uber. But to me, this read more like an advert in favour of David Cameron. Cameron wants Uber to flourish in London. Does he now? I did not know this. Good for Cameron. And bad for Boris Johnson, Mayor of London, who does not.

This is also an advert for Uber itself. Uber is cheaper … because it pays no tax! Come again … Uber is cheaper, you say? Hm, interesting. I must give it a go.

The LTDA, who, as you can see from the top picture, is responsible for the above advert, thinks that Uber is systematically breaking the law. What that tells me is not that Uber is bad, but that the law, insofar as it now impinges upon Uber, is an ass.

→ Continue reading: Why we libertarians love Uber not just as a service but as an issue

How James Bond violated the rights of British citizens earlier this evening

For just over a year now, the younger of my two Goddaughters has been a student at the Royal College of Music, learning to be a mezzo-soprano. The two of us just shared supper in Chelsea, and while we consumed it she told me something very bizarre and rather sinister, about the chaos that was apparently inflicted, earlier this evening, upon her and her colleagues at the RCM by the latest James Bond film London premiere. This jamboree took place just across the road from the RCM, at the Royal Albert Hall, and it seems that the RCM was commanded to evacuate all its practice rooms that overlooked this premiere activity (quite a lot of which was outside the Royal Albert Hall on those big steps at the back), to stop anyone seeing it, and in particular, presumably, to stop them filming it or photographing it. These RCM practice rooms are in constant use, and alternatives are very hard to come by. Neither the students nor the teachers of the RCM were at all amused by this intrusion into their already stressful and hardworking lives.

How the hell can a mere bunch of movie people insist on barging into other people’s buildings and ordering them around like this? I thought James Bond was all about defending the liberties of British citizens, not violating them. According to GD2, the Royal College of Music did not agree to this arrangement. It was merely informed of it, by Westminster City Council. If the College did consent voluntarily to this arrangement, in exchange for a cash payment, for instance, rather than simply being forced to submit to it, they didn’t tell any of their inmates about that fact.

You can see what the people who inflicted all this upon the RCM were thinking. It was their event. They owned it. Nobody whom they did not invite or control should be allowed to film it. But, I say that if you want total control of the filming or photographing of an event, don’t hold your event in a public place, out in the open air, and then impose your control on places that merely overlook this public place. If you do bizarre things in public, you are fair photographic game, to anyone in the vicinity who chooses to snap you or video you.

GD2 is my only source for this story, and maybe she, or I in reporting what she said to me, have it wrong. I’d welcome comments about this or similar events, corrective if necessary. (I could find nothing about this event, other than about it simply happening, on the www.) But if what GD2 told me is right, and if my recollection of what she told me about it is also right, well, I am not impressed.

This circumstance reminded me of the crap inflicted on London when the Olympic Games came to town.

Samizdata quote of the day

The United Nations is truly an amazing organization. Dictators and authoritarians from around the world can work together to solve their common problems, like how to keep their own citizens under control. A solution to this serious problem has been found, Cyberviolence against women is the new justification for the police state. Terrorism just isn’t cutting it anymore.

Max Michael