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.
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A retired businessman by the name of Christopher Tappin is to be extradited to the US for allegedly trying to sell batteries for Iranian missiles. Serious stuff, you might agree. But as I read in a long Times (of London) article on Saturday (behind a paywall and no, I am not writing it all out), one of the most disturbing features of this man’s indictment in absentia is that no attempt has been made to establish, in the UK, any sort of prima facie case that he might be guilty. Instead, a grand jury in the US has ruled, apparently, that he is suspected of being involved in something dodgy. As a result, he faces two choices: admit guilt and face a short, but nevertheless, tough prison term in the US and have a criminal record for the rest of his life, or, plead not guilty and take his chances in the US legal system and face a 35-year jail term, as well as bankrupt himself in trying to get legal representation.
Even worse than the abuse of due process involved (the man apparently was not even aware of the grand jury ruling) is that the UK government, despite some alarm being raised by MPs, seems quite happy to transfer British citizens to the US in this way without any significant legal safeguards. This is all of a piece with how, as I have written before, the US is also bullying other countries in the name of halting tax evasion by forcing foreign financial institutions to undertake all kinds of onerous compliance checks to ensure that all American clients are accounted for. What makes such issues so sensitive is that this appears to be a one-way street: far more Britons, it seems, are getting packed off to the US for various alleged offences than is the case with Americans being extradited to stand trial in the UK.
It is a good feature of friendly relations between countries that there should be mutual recognition of important principles. And the cavalier treatment of certain principles of due process of law in the extradition case of this Mr Tappin character is a sign that the extradition treaty of 2003 between the US and UK is not working as intended, is oppressive, and should be scrapped or significantly reformed without delay. There may not be many votes in this issue, but it is important.
A lot of articles have been written on this subject. Here is a good item in the Daily Telegraph back in 2009.
Hartnett wants the citizenry to stop giving cash to their cleaners, gardeners, and to small tradesmen and other potential tax cheats and economic criminals so that they can no longer avoid paying taxes. Hartnett’s vision of Britain is a society of snoops and denunciators. “Households have a duty to ensure that other people do not evade paying their share of tax. The people who are worried about it should use our whistle-blowing line to tell us. We are getting better and better at finding people who receive cash.” Nice touch. A tinge of the former GDR’s Stasi culture for the British way of life?
– Detlev Schlichter
I suppose it’ll add some spice to history exams though. Get the wrong answer and you not only fail: you get carted off to jail as well.
– The concluding sentences of a piece by Mick Hartley criticising a new French law which, once President Sarkozy signs it, will make it a criminal offence to deny that genocide was committed by Ottoman Turks against Armenians.
Anyone looking for evidence that the current Conservative/Liberal Democrat government in the UK has the same tidy, but severely limited intelligence of its predecessor need do no more than read this story suggesting that thousands of jury trials held in the country could be axed to save what appears to be a relatively paltry sum, when measured against the dangers and cost to individuals of being wrongfully convicted.
I can understand why jury trials can be an easy target. In my distant past I had a spell covering court cases in the UK and watched several juries at work. It struck me – especially in the more complex fraud cases – that there are clear problems. And maybe – although no politician will dream of saying so – that the British are not as law abiding as they presumably were 50 years ago and therefore the average jury panel reflects this fact. But historians would point out that juries in, say, early 19th Century England could be an awkward bunch. But therein lies the strengths of trial by jury – it is one of the few elements in which ordinary members of the public can be brought into the affairs of civil society by sitting in judgement on the alleged guilt or innocence of their fellows. Juries remind the powerful and the legally sophisticated about the proper order of things.
As I remarked the other day about the dangerously misconceived move by the previous Labour government to scrap the double-jeopardy rule, the ongoing attempts by administrations of all political hues to gut the English Common Law, and the checks and balances of the system, remain one of the most foolish trends in our public life. And that such an idea is being contemplated makes a mockery of the idea that having the Lib Dems in the government coalition will increase, in any way, the supposed liberality of this administration.
Nag, nag, nag:
If you click on that, you will see that this snap was snapped in a hardware store. A randomly selected one, as it happens, near to where I live.
I’ve said it before, and I’ll say it again, health and safety is, among other things, a business, and therefore an interest. If it diminished, money would be lost, money which knows it would be lost and which would therefore speak up against it being stopped.
But of course the big complaints, if they now tried to moderate this crap, would come from all the big businesses which have now got used to all this excessive nagging and know how to handle it, unlike smaller potential competitors who, poor innocents, know only about making good products.
One of the more dispiriting processes I regularly notice in confrontations between Good and Evil is when Evil concedes that it has done something evil, and Good promptly turns round, in the spirit of fair play, and concedes something else evil. It’s like Good is a football team, and when it goes one-nil up, it feels that the fair thing to do is to give the other fellows a goal. To make a game of it. Or something.
So, for instance, if Evil concedes that, I don’t know, “socialism hasn’t turned out very well in practice”, Good, in a burst of bonhomie and generosity and brotherhood-of-manliness, concedes that socialism was a nice idea “in theory”.
No it wasn’t. An idea that turns out badly in practice is a bad idea. Especially if the badness was a predictable and predicted consequence of that bad idea.
Often, in circumstances like these, Evil even asks for an equalising goal.
Evil offers a pairing of ideas – good twinned with evil, like socks emerging from the laundrette – as a package: “I’ll concede that socialism has turned out badly in practice if you concede that socialism is a nice theory.”
The proper way to behave, if you are Good, and go one-nil up in an argument, is to press for a two-nil lead.
The proper response to going one-nil up in the above argument about the practice and theory of socialism is to say: “Socialism has indeed turned out badly in practice. Now, about this evil notion of yours that socialism is a nice theory. Let’s talk about that. And let’s you admit that you are wrong about that also. We told you you were wrong from the start, and we were right that you were wrong. We predicted that socialism would turn out badly in practice, on account of it being a bad theory. You pressed on. You were wrong. In theory as well as in practice.”
Like I say, press for two-nil.
So, all hail to Mark Meckler. (And further hail to Instapundit for linking to the story, today, and earlier.)
Meckler, arriving in New York and learning that he must not carry a gun, handed his gun over to the New York goons. (That much, he was willing to concede.) The goons promptly arrested him, for carrying the gun up to the point where he stopped carrying it, or something.
Faced with a determined Meckler, and a huge outcry of rage and contempt from the forces of Good, the New York goons have dropped their evil charges. One-nil to Meckler. But Meckler is now being subjected to another evil injustice. The goons still have his gun, and are refusing to return it.
Instead of thanking the goons for being so nice about not arresting him any more, Meckler now wants his gun back. Quite right. New York goons, give the man his gun back! (This is now an international campaign. I am international and I now say this.)
Saying “now give me back my gun” is not only the good thing for Good Mr Meckler to do; it is also excellent tactics. He is now one-nil up. He faces the chance to score another goal, and go two-nil up against the forces of Evil. He is now pressing to do just that.
Quite right. When you have argumentative momentum, against a team that is saying (or in this case also doing) not just one bad thing but many bad things, use it. Thereby keep it, and build it.
When the New York goons do hand back Meckler’s gun, if they ever do (and actually, even if they don’t), the proper next response, from all of us who have now rallied around Meckler, is: “Now, about all these other gun-carrying people, against whom you have not dropped the charges, and whose guns you have not returned …” Three-nil. Four-nil. Five-nil …
If the New York goons don’t hand back Meckler’s gun, perhaps because they sense that if they do, Meckler’s team will then get more momentum, then the New York goons will be digging their heels in in an argument that they will hate but which the Meckler team will relish.
Also good. Shame about the stolen gun, but also good.
Says David Cameron:
Government can’t tell people what they should be paid but…
His excuse for meddling is that there has been a “market failure”, as indicated by a Guardian article that says that FTSE 100 directors’ pay increased by 49% last year. And that is not right. People just will not stand for this sort of thing. What about the shareholders? The board should be forced to let them vote on pay and termination packages, he thinks, otherwise it is just crony capitalism and stealing from shareholders.
It is perfectly obvious that all of this is factored in to the share price already, and perfectly obvious that there are no principles on display here. From Cameron’s Tory party we get the same envy politics as from the other parties. But I repeat Perry.
This story is more than a week old, but the case of how a line from the movie “Serenity”, based on the moronically discontinued TV series Firefly, was used in a free speech crackdown is still worth a mention. Here is a video with Neil Gaiman, the SF writer, about the controversy. (H/T, Huffington Post).
More commentary from FIRE, the group supporting individual rights in the US education system.
Maybe I should wear my own Western-style “browncoat” coat in sympathy. I bought it in Ireland and it gives me a nice “Clint Eastwood” sort of appearance.
This morning I was prodded by the scourge of epidemiocracy, Chris Snowden, to read this piece by Theodore Dalrymple. What most struck me was not the main argument (I find predictable agreement almost as wearing as disagreement) but this piece of supplementary information:
A higher proportion of the Dutch population smokes than average for a developed country (27 percent), and fewer Dutch people are aware of secondhand, or second-lung, smoke — that breathed in from other people’s tobacco — than any other comparable country.
Why should that be? I think it demands an explanation. Certainly the Dutch population cannot easily be classed as ill-educated or poorly-informed. (I have been sworn at by a drunk tramp on an Amsterdam tram who switched instantly to English invective when he realised that it was going to be more effective in my case.) My mind leapfrogged towards ideas about the Dutch liberal tradition. They choose not to know, because they do not like to hassle people about their private behaviour, perhaps…
Unfortunately there are no sources quoted. When I looked for stats and background info, I found something even odder. That remarkable factoid contains no truth. → Continue reading: Facts and attitudes
Let us imagine you are working on software for a mobile phone. When an SMS text message comes in you might think it would be cool to display it and highlight any email addresses or phone numbers in it. The user would tap an email address to add it to his address book, or tap a phone number to call it. It is a fairly obvious idea.
There are a few different ways you could implement it in software. I would probably have a bunch of regular expressions that matched phone numbers and email addresses, and for each type of match there would be a list of things that you could do. Have a think about what you might like to appear in a pop-up menu after you tapped an email address that appeared in a text message on your phone. I bet you can think of two or three things. Later you might think of new things to do with an email address, or new things that appear in a text message that could be highlighted so the user can tap them to perform actions on them. For example if someone sends a message saying “meet me at 7pm”, the user could tap where it says “7pm” and this time could pop up in the calendar to show whether there are already any appointments at 7pm. There are lots of things like this you could do.
To handle the possibility that you will think of these new ideas in the future, you write your software in a general way. You design general concepts like a pattern matcher that can look at some text and decide whether it is a phone number or an email address or some other text that you have not thought of yet. This sort of thing is done so often in software that the regular expressions I mentioned above were invented. This is a notation for describing strings of characters. For example the expression [0-9]+pm matches one or more of the digits 0 to 9, followed by the letters ‘pm’. Because this is done in software so frequently there are freely available software libraries that anyone can use and that given a text message and a regular expression will spit out a list of all the matching items in the text message.
There is some work in hooking up the various parts, but the point is that all the parts are known to programmers. We all know when regular expressions are useful, and we can all imagine how you would use lists of items that display actions such as “Add to address book” on the screen and then perform the action when activated by the user. I could write some code that would solve this problem in a general way in less than a day from first hearing a vague description of it.
The point is that it is obvious to anyone who writes software. Solving problems like this involves putting together some well known pieces in well known ways. I am emphasizing how obvious this sort of thing is.
The existence of patent 5,946,647 is not obvious. I can not really think of how I would find out about it without reading every single patent and I can not think of a guaranteed way to even know what to look for.
But if I write my obvious code in half a day, there is a good chance I would violate patent 5,946,647.
It is not certain. I have read the patent and it manages to convey the obvious idea in far too many words. So many that I would never be sure whether any given implementation fitted the patent. But there are only so many ways to do something this simple in software, and truly original ideas are rare. So the likelihood is high.
And Apple sued and a judge ruled that HTC has violated the patent and as a result will not be allowed to import devices with this software into the USA. This sucks.
This afternoon I attended an event in the House of Commons organised by the Adam Smith Institute, to launch their publication (published in partnership with the Cobden Centre) entitled The Law of Opposites: Illusory profits in the financial sector, by Gordon Kerr. Kerr himself spoke.
Alas, Gordon Kerr is a rather quiet speaker, and he did not use a microphone. Worse, after the talk had begun, I realised that right there next to me was some kind of air conditioning machine whirring away, in a way that made following Kerr’s talk difficult. Live and learn.
But I got the rough idea. Bad accountancy rules make disastrously unprofitable banks seem like triumphantly profitable banks, and those presiding over these banks are paid accordingly, even as their banks crash around them. And much more. The ASI’s Blog Editor offers further detail.
Good news though. I, like everyone else present, was given a free copy of The Law of Opposites. See if you can spot why I am reproducing the cover here. I am sure this will not take you long. I was interested to see if the effect in question would survive my rather primitive scanning skills. It does:
This publication is quite short, less than a hundred pages in length. Even better news. You don’t have to buy a paper copy like the one I now possess if you don’t want to. You can read the whole thing on line.
The internet has been buzzing for a while about the incident of a woman, Emma West, who, as shown in a video, shouted abuse at people on a tram. It is not exactly clear from the clip what might have led to this, but regardless, it is pretty nasty and a young child sits nearby as she delivers these words. She has, according to reports, been subsequently arrested and charged.
Some people out there in the blogosphere are outraged by this turn of events – that West has been dealt with by the authorities, I mean. Initially, the libertarian in me agreed wholeheartedly, regarding this as an appalling attempt to enforce codes of conduct, including speech, in public places. It does make me deeply uneasy and I wonder whether the law would have come down like a ton of bricks on her had she just left, say, litter on the floor.
The blogger Old Holborn expresses such a view, for instance. Some people seem to suggest, in fact, that people like this woman have been provoked beyond endurance by the impact of mass immigration. Well maybe, although as a supporter of the freedom of people to move from A to B – so long as they do not expect state benefits – I don’t see why immigration should be halted because it offends people like this woman. After all, given that she lives in London, and that it is, thankfully, a cosmopolitan city and one of the financial capitals of the planet, she will have to face up the chance of meeting lots of foreign-looking folk on a fairly regular basis, immigration or not.
I had second thoughts about this business, however, when I considered that under the old Common Law (which libertarians often praise), and other laws too, an offence of “breach of the peace” might apply to this woman’s conduct; such a situation should, perhaps, involve no more than a rap over the knuckles from a magistrate and told to be of good behaviour. The same used to apply to people who got very drunk and disorderly, etc. This would not have anything specifically to do, as such, with being politically correct, as far as I can see. (There may have been elements of PC-ness in this case, of course.). The issue would be simply whether her behaviour was deemed likely to cause disorder, and of what the risk of that really was.
Also, from a property rights point of view, if a train/other service is run by a private company, say, then I would argue that the train company should be free to decide such matters, just as, in a perfect liberal world, pubs and clubs and other such places could so decide. (Alas, such principles have already been partly destroyed as in the outlawing of smoking in privately owned commercial premises). If I own, say, a theatre, and I saw a customer shout abuse of any kind at another in the bar, then I’d be within my rights as the owner of said property to kick the people out and if necessary, ban him/her from re-entering.
The context is also important in such cases, or it can be. It is one thing, maybe, to trade insults with someone in a fairly open place; it is another business if you are on a confined space such as a train carriage or small office and have to hear such abuse, in close proximity. The smaller the space, the more good manners matter. Indeed, think of how the word “civility” and “civic” run together – manners are a function of having to live close to one’s fellows. Institutions such as navies, where people have to sleep cheek by jowl, understand this point almost instinctively – hence all the seemingly petty rules.
These are issues where a healthy civil society is one in which certain behaviours are internalised, reducing the need for rules on such conduct to be enforced by things like police. We should not need to legislate so that mothers do not swear in front of their young children while verbally attacking strangers, or dumping litter on the pavement, or spitting, or urinating in public. And to a degree, the fundamental problem is that this internalisation of moral conduct has been hit by a variety of forces, including the Welfare State, breeding an often oafish, whining sense of entitlement. And it also leads me to the view that one of the most effective ways to restore civility is through private, non-state ownership of public spaces.
By the way, on a related topic, I can recommend Edward Shils’ classic, The Virtue of Civility.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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