Articles like this help even an intolerant short tempered swine like me forgive the Ludwig von Mises Institute for some of its people’s a priori history and America-and-Britain-are-always-wrong view of war.
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I put this up as a Samizdata quote of the day, before realising that there already was one. Sorry. But, it’s good and deserves plentiful copying and pasting, so here is that posting rehashed, with the quote in question as its starting point:
That is the Court of Appeal struggling to make sense of the Criminal Justice Act 2003. Found here by him (who has recently resolved to blog approximately every day and whom I recommend) via a comment on this, which is about, among other foolishnesses, the recent fashion among Them for stopping us taking photos of Them. My dad was a Big Cheese lawyer, and I can remember him telling me stuff like this several decades ago. I vaguely recall him saying that until about nineteen sixty something or thenabouts, there was this bloke who lived in a den in Whitehall and who spent his time rewriting laws so that (a) they didn’t contradict themselves, and (b) they didn’t contradict each other, but (c) so far as he could contrive it, they managed to maintain the original will of the legislators, insofar as he could divine it. If he could not divine it, he made it up, as intelligently as he could. But then, catastrophe. He retired. Ever since then, the laws have got more and more incoherent and incomprehensible. And of course now, you would need about a hundred of such non-existent paragons of legal non-incontinence just to keep up. As Rob, the above mentioned blogger quotes another commenter saying:
In practice, I think I notice that, recently (i.e. during the time since that old bloke my dad talked about retired), They have evolved a relatively sensible way of enforcing Their laws (senseless though the laws themselves frequently are), which is based on distinguishing between real laws and arbitrary laws. The real ones, against things like murder, assault, robbery and so on, still get you arrested at once, provided They catch you at it. But the vast mountain range of arbitrary laws and rules and regulations, often in the form of policy directives from On High about what various Acts of Parliament actually mean (given that as originally written they are quite often gibberish) according to On High, are enforced by you first being given a warning. You may not park on that purple line. You must have a permit to hand out leaflets here. You can’t wear that hat or that suntan lotion or eat that sticky bun or drink that drink in that sized glass or call that an artichoke. You are obliged to fill in this form. You must send it to us (i.e. Them) within one month. Etcetera, etcetera, et something angry cetera. Which means that, in practice, ignorance of the law has become the obviously reasonable defence that it obviously now is, with regard to almost all recently concocted laws. If They were to insist otherwise, They would get repeatedly involved in huge fights with people who don’t want to break the law, but who don’t know what it is. I.e. with everybody. I now live my life certain that I am constantly breaking laws of this or that recently invented sort, and as far as I am concerned it is up to Them to tell me about which laws actually matter to Them. I will then, if I think that Their particular commands or demands make some sense, or if They are sufficiently menacing about them, obey them. Or, I will carry on breaking whatever idiot law it is or that They have just made up without troubling Parliament with the petty details, but a bit more carefully. I still take photos of policemen, for instance. I am just a bit more careful about letting them know I’m doing it, and am careful while doing it not to Look At Them In A Funny Way. Decade after decade, to mention another example, I have failed to register to vote. Occasionally I read somewhere or see something telling me that this is illegal. Is it? I don’t know and I don’t care. Nobody menacing actually tells me that I must register and threatens me with actual trouble if I don’t. So from where I stand, the mere law of the matter can go jump into the Serpentine. If They want me to be more respectful of “the law” (which is how They typically now describe Their laws), They should reduce the number of – and reduce the incoherence and arbitrariness of – Their laws, to the point where the laws that remain mostly make sense. April 30th, 2009 | 24 comments - (Comments are closed)
 One of my hobbies in recent years has been photoing tourists in London as they indulge in photography. And, given the harassment I am starting to get from uniformed persons as I wander about London snapping whatever I feel like snapping, I have for quite a while now been wondering how long it would be before I ran into a news story about the police harassing foreign tourists for taking photos and hence undermining London’s reputation as a nice place to visit. The wait is over:
You know how really shitty governments don’t care what their own citizens say about them, but can sometimes be slightly shamed by what the foreigners say? Well, I tried googling “Klaus Matka”, and got to a number of foreign versions of the same story, so this harassment is already being somewhat noticed elsewhere. The forbidding of photos of London’s famed double decker buses (“bus rossi a due piani”) is being particularly talked about. I hope this story goes right round the world, carrying with it the message of just what ghastly people now rule us. I wonder what London Mayor Boris Johnson thinks about this. April 18th, 2009 | 28 comments - (Comments are closed)
Mr Obama’s administration has released documents about details of “harsh interrogation techniques” that were used, or considered acceptable to be used, to deal with suspected terrorists. What is interesting is that Mr Obama does not intend to prosecute those responsible. I guess the difficulty here is that Mr Obama does not want to be drawn into moves to prosecute and go after senior officials in the previous Bush administration. But if there are to be no legal consequences – assuming that the use of such powers is clearly illegal as well as wicked – then it is hard to see what can be gained by all this non-action by Mr Obama. If there is insufficient evidence to launch a prosecution of those who sanctioned its use, then they are entitled to have that fact known, since a stain will attach to their name otherwise. On the other hand, if there was authorisation of torture, then the fact of there being no prosecutions will send out a message that such behaviour will not be punished and can happen again. Is that what “hope and change” meant? Torture, and its use, is one of those “canary in the mineshaft” issues for me; it shows a government has no respect for law. Any attempts to try and domesticate it and limit it under strict guidelines are likely to fail. As we are finding here at home in the UK, if you give governments powers, then they will use them, sooner or later, against innocent people. As a side-note, I would add that while some of the venom directed at the Bush administration was partisan grandstanding, there is no doubt that part of it was driven by a real worry about where the US and other Western governments were headed. It is not remotely comforting that Mr Obama has taken the course he has. We cannot be confident that torture is off-limits under his administration, and nor should we be. It is not as if he has, for instance, abolished indefinite detention of terror suspects, despite the much-touted plan to shut down Gitmo. Some earlier thoughts by me on this issue. April 17th, 2009 | 97 comments - (Comments are closed)
A comment on this posting made me think that our US/non-UK readers value this blog’s coverage of the whole business of the scandals now hammering the UK government on a daily basis. As Iain Dale, the political blogger, said the other day, we are entering a period not unlike the fag-end of Richard Nixon’s time in power, with Gordon Brown playing the Nixon role, and his various acolytes, toadies and henchmen in the various roles of shit-stirrers and frighteners. Another day, another twist. A few months ago, a Conservative MP, Damian Green, was arrested by anti-terrorism officers after he had received material, concerning illegal immigration, that was leaked to him by a civil servant. Some of the material claims that illegal immigrants have managed to get jobs that bring them close to the very heart of government. Whatever you think about immigration – I am a defender of free migration BTW – this is a legitimate issue for a politician to make a fuss over. Yesterday, a committee of MPs concluded that the use of such anti-terrorism powers was grossly excessive. You don’t say. Of course, not all aspects of Mr Green’s behaviour, or indeed that of the civil servant, are above reproach. But given that journalists, MPs and other potential “whistle-blowers” on public problems cannot do their job unless leaks occur, it does seem rather rich for a Labour-led government to operate in this way. But they just love their anti-terrorism powers, do they not? Just ask the government of Iceland. I must admit that in recent days I have tried to post stories that take one out of the Westminster Village, not simply because I wonder whether this is a bore, but because reading constantly about the doings of Gordon Brown and his circle makes me want to take a shower to feel clean and human again. Update: Damian Green will not be prosecuted. It should never have come to this. The position of the Speaker of the House of Commons, a product of the Labour thugocracy from Scotland, is untenable. Further thoughts on the vileness of the government from Fraser Nelson in The Spectator, which also has a picture of Guido Fawkes on the front cover. Question to Paul Staines: when do we get the movie? April 16th, 2009 | 3 comments - (Comments are closed)
Is this just a bad video at Fox News or do any of you have problems with it as well? About 4 or 5 seconds into it after the commercial it freezes on me. I have been seeing this fairly often lately and usually on things I most want to see! It looks like it might be interesting if I could only watch it here in the UK. April 14th, 2009 | 11 comments - (Comments are closed)
It is has surprised me that David Cameron’s Conservative Party, even though it has been pretty hopeless at resisting or promising to overturn whole assaults on UK civil liberties, has not embraced the idea of a mass repeal of such odious laws more enthusiastically. A commenter called KevinB has raised this point just now. Consider the benefits: it would appeal to liberal-leaning folk who might otherwise not give the Tories a second glance and weaken the challenge from the LibDems; it would go down well with younger people normally less inclined to vote; it would be the right thing to do anyway. So why do they not make a manifesto commitment saying that in the first session of the next Parliament, a Great Repeal Act will be enacted that sweeps away hundreds of encroachments on UK civil liberties, such as the Civil Contingencies Act and the National ID database? Of course, some of this might require the government to pull out of certain EU laws, but remember that the vast bulk of the laws imposed by New Labour have been domestically generated and cannot be blamed on the EU, important though that dimension is. Now at this blog we are not exactly very nice to the Tories, to say the least. But it strikes me that a Great Repeal Act, or Restoration of Liberties Act, would be a nice, catchy idea that even the most authortarian cynic in the Tory ranks might feel would be worthwhile. April 9th, 2009 | 35 comments - (Comments are closed)
Following from Philip Chaston’s post immediately below, is the point that needs to be repeated as to how bad it is that the authorities are now trying – in vain, hopefully – to ban people from photographing the police. Had such photographing been prevented, then this incident, which threatens to engulf the police in further turmoil, would not have been recorded. I cannot believe I am now writing stuff like this. This is Britain, right? April 9th, 2009 | 13 comments - (Comments are closed)
Let it not be said that the politicians gathering to celebrate an orgy (er, steady on, Ed) of Keynesian delinqency and transnational socialism are letting this current financial crisis go to waste. The G20 countries have agreed to a crackdown on those pestilential things, tax havens. I have defended them before and will do so again. What we are seeing is a determined effort to create a global tax cartel. Cartels, unless backed by brute force, tend to break down eventually. The G20 are making lots of blood-curdling threats about sanctions and so forth. What is Germany or Italy going to do – invade Switzerland? Good luck with that, gentlemen. At the root of the hatred of tax havens is a hatred of freedom, pure and simple. If you believe a democratically elected government, say, can seize the wealth of a portion of its citizens, then you will believe that that minority can be more or less robbed, held hostage and prevented from going abroad. Socialists such as Richard Murphy believe that if 51 per cent of my fellow citizens want to help themselves to the contents of my bank account, then I am being “undemocratic” and a bad citizen if I choose to park my cash in the Caymans or wherever. Well, why not go the whole distance and require anyone who has an offshore bank account either to close it or be forced to get an exit visa if they wish to do so? We may be already reaching that point. If, on the other hand, you believe people are entitled to their property regardless of what their fellow electors think, then tax havens – “haven” is a place of safety, remember- are an important escape route and bulwark against looters. When politicians want to shut down places of safety in a time of crisis, it is well to be cynical about the motives of those involved. Especially if they happen to be such characters as Gordon Brown or Barack Obama. The sheer cynicsm of it all is breathtaking. Whatever the cause of the current financial crisis, I think it is pretty fair to say that it did not originate in tax havens. Switzerland, in fact, has been hammered by the crisis; its biggest wealth manager, UBS, has lost an estimated $49 billion in write-downs connected to the US sub-prime disaster. The $50 billion Ponzi scheme fraud of Bernard Madoff happened onshore, right under the noses of the SEC, rather than in some far-flung island in the South Pacific. The huge losses incurred by banks have been nothing whatever to do with so-called “tax leakage”. And in the US, there is already a tax haven, known as the state of Delaware. And the UK has been – well until recently – a tax haven on certain definitions. Ditto places such as Ireland or even Belgium. Rant over. Thanks for your patience. April 2nd, 2009 | 32 comments - (Comments are closed)
It is my understanding there are now five hundred cities on the tea party list. I hope all good Samizdata readers (or at least that subset of which resides in the middle half of the North American continent) get out their signs and show their anger this coming April 15th! The ‘Main Stream Media’, as Glenn Reynolds approximately put it, will be hiring extra people that day to do the hard graft journalistic work of ignoring the nationwide demonstrations by hundreds to thousands of people in what may well be one for the Guinness records. There may be the largest number of simultaneous demonstrations in American history on Tax Day 2009. It actually does not matter that MSM will be absent as no one pays any attention to them any more any way. I can literally not remember the last time I read a ‘dead tree’ newspaper. I do not even own a working TV anymore. I doubt I am alone. They are irrelevant and obsolete. I you want coverage, go to Pajamas TV. I would not be surprised if Reason TV covered some of it as well. For daily information, keep an eye on Glenn Reynolds. I will not be on that side of the Atlantic in time for the fun, but I do have a few sign suggestions. (Some are mine and some are golden oldies): “I’m Capitalist and I’m Proud!” “Go Galt!” “Screw the Welfare State!” “Legalize Freedom!” “Pelosi Go Home!” “The Mafia would steal less!” “Taxation is Theft” “Smash the State!” Feel free suggest other sign ideas for the tea partiers! Later: I have recently been exchanging email with J Neil Schulman and that reminds me of how prophetic his 1979 Prometheus award winning novel Alongside Night is of current events, even if we are only in the prequel stages of his story. March 28th, 2009 | 16 comments - (Comments are closed)
Kentucky Liz, one of our commentariat noted:
The face book page is here It somehow seems fitting to have a good scream on Rape Day… March 27th, 2009 | 5 comments - (Comments are closed)
Diana Hsieh, amongst others, is justifiably outraged at the move in the US Congress to move towards an expansion of the Americorps programme, making it compulsory for all young people in the US to participate in it. It is a form of conscription, which while it may not involve an explicit military role, is nevertheless a form of draft. Ideas, either good or very bad, have a habit of travelling across the Atlantic to the UK. I’d be willing to bet that if, say, David Cameron is the next prime minister, he will look favourably upon such ideas. It fits in well with his dreary, authortarian/paternalist version of conservatism. In fact, the worse the economic situation gets, the more likely that states will try such ideas out. And no doubt the social alarmists will latch on to such ideas as a way to address problems of violent youths and so forth. March 27th, 2009 | 35 comments - (Comments are closed)
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