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]
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A Muslim lawyer in Canada is trying to use the profoundly illiberal notion that ‘contempt and hatred’ should be criminal offences (which are by definition ‘thoughtcrimes‘), to silence Mark Steyn for his critical remarks about Islam. Bizarrely, the move to sanction Steyn is being billed as a ‘human rights’ action. That said, I suppose it is indeed a ‘human rights’ action in the perverse sence that the intention is to abridge Steyn’s human right to express his opinions in favour of allowing Islamists to have a veto over anyone printing anything they dislike.
Well, that sort of fascistic behaviour makes me both hold the likes of Faisal Joseph and the Canadian Islamic Congress in utter contempt and to hate them. I suppose I better give my lawyer a heads up then. Or then again, as it is their behaviour which makes me hold them in contempt and hatred, can I sue them for making that happen? Would that actually be any more unreasonable than what they are doing?
Just askin’.
Of course do not kid yourself that thoughtcrimes do not get prosecuted in Britain, or that it is only something Islamofascist lawyers do to us non-believers, because sadly nothing could be further from the truth.
Word got out today that Her Majesty’s Customs and Revenue (ie the British tax service) managed to lose a CD containing ‘customer records’ for recipients of child benefits that was being sent to the National Audit Office. These included sort code and bank account details, national insurance numbers, dates of birth, and names and address details of a mere twenty five million people.
These were apparently sent using the Civil Service’s hyper-secure ‘grid post’ system, which involves people putting unsealed and re-used envelopes in out trays in their offices. As the Register puts it.
“… sometimes you get the more security-aware users sticking a label across the seal and signing it, so there’s some evidence if it’s tampered with.”
When the CD sent this way did not arrive, they resent it, using the hyper-hyper-secure Registered Mail service provided by the Royal Mail (fortunately, this time it arrived).
However, Alistair Darling has now set up an investigation. That makes me feel so much better.
And Paul Smee, of the bank clearing system has said that we all enjoy protection under the Banking Code, so we will cannot suffer any financial loss. And anyway, the accounts in question have had “extra safeguards” put on them. All 25 million of them, presumably. That makes me feel so much better too.
And does anyone at all seriously believe that the proposed system of ID cards and national identity databases is not going to deliver us debacle after debacle of this kind? Why do ministers and bureaucrats live in this deluded world in which they believe they are competent?
The smoking ban was a mere tasty morsel. It has roused the appetite of the beast without bedding it back down again. The hungry beast has drawn blood and it wants more:
Government ministers should shrug off media accusations that they are running a nanny state and introduce tougher public health measures, experts say.
The Nuffield Council on Bioethics said the time had come to consider a whole host of interventions in the UK after the introduction of a smoking ban.
Its proposes raising alcohol prices, restricting pub opening hours and better food labelling to fight obesity….
The report by the panel of experts, which include scientists, lawyers and philosophers, said there was a balance to be struck between individual freedom and wider public protection.
Welcome to the latest phase of the old ‘public choice’ paradigm. You have to choose between freedom and prosperity. You have to choose between freedom and fairness. You have to choose between freedom and safety. And the wheels of the world turn round and round to the music of the rhythm of history.
Okay. let’s gird our loins, saddle up and prepare for battle again but, this time, let’s make sure that we don’t go charging off in the wrong direction. It would be easy to lose this stage of the war and, as always, the odds are stacked against us. But lose we will for sure if attempt to fight it on the enemy’s ground and what I mean by that is accepting that there is a such a thing as a choice between freedom and health and then attempting to persuade people to choose freedom and to hell with their health. If the public believes that this is the choice they must make, then they will choose to be healthy and, before we know it, we’re standing around scratching our arses and wondering what went wrong while the triumphant, braying beast tramples everything in its path.
We must not make the mistake of arguing that health does not matter. It does matter. As every exhortatory elderly relative has croaked at one time or another, health is the most important thing. But that is exactly why we need more freedom and less compulsion. The healthiest societies are the the most liberal and prosperous ones, while the unhealthiest are invariably the poorest and most statist and centrally planned prescriptions for health will be no more successful than centrally planned prescriptions for the economy. The public must hear, again and again, that the “choice” being presented to them by the likes of the Nuffield Council on Bioethics is vexatious, counterfactual and perverse.
The beast will not stop. It will not change its mind, grow tired, get distracted or give up. The stakes are too high. But that is not the same as saying that it is unstoppable. We just have to make sure that we shoot its legs from under it. Nothing less will do.
If only we had a Samizdata Freedom-Fighter Award then I would resoundingly nominate this man:
The first pub landlord in England to be prosecuted for flouting the smoking ban has been fined £500.
Hugh Howitt, known as Hamish, of Park Road, Blackpool, vowed to continue letting smokers light up in his bars – the Happy Scots Bar and Del Boy’s….
Outside court Howitt remained defiant and said: “I’m not putting two fingers up at the judiciary.
“I’m putting two fingers up at posturing political prats.
“I’m going to fight on and fight on. I’m not putting anybody out of my pub until they shut me down.”
And, while we are about it, perhaps we should have a ‘Posturing Political Prat Award’ as well.
[P.S. For our US readers, ‘two fingers’ is the British version of ‘flipping the bird’ and a time-honoured gesture of defiance.]
Just because we are sometimes foolish does not mean that the government is any wiser.
– Tim Harford commenting on Julian le Grand’s latest proposals. “[Le Grand] is not crazy. He is just wrong.”
I first wrote this article intending it to be a comment on this thread at the Volokh Conspiracy. It grew so big and wandered ‘through every room in the house’, straying away from the specific topic so I decided not to inflict it on them. Instead, Samizdatistas are the lucky beneficiaries. Seriously, I presume most of you will skip it. That is fine. Here is the amendment as it appears in the US Constitution.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
In reading the Federalist Papers it appears obvious, at least to me, that ‘the militia’ and ‘a well regulated militia’ are two entirely different things. Hamilton clearly describes in #29 a great deal of commitment and training required to “acquire the degree of perfection which would entitle them to the character of a well-regulated militia” [my underscore] and speculates that for “the great body of the yeomanry, and of the other classes of the citizens” it “would be a real grievance to the people, and a serious public inconvenience and loss”.
In #46 Madison calculates the number of “a militia” at 1/8 of the entire population.
The highest number to which, … a standing army can be carried … does not exceed one hundredth part of the whole number of souls; … This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence.”
Clearly Hamilton’s “well-regulated militia” and Madison’s “militia” are entirely different and together with the title of the New York statute that Eugene Volokh cites,”An Act for Settling and Regulating the Militia …”, suggests that the degree of regulation of the militia was a continuous scale.
Pondering some of the recent stories about changes to UK inheritance taxes (the government’s ‘cut’ is in fact less impressive than it first appears), it occurs to me that there is one fairly respectable argument for worrying about huge inheritances, namely, that if people who work incredibly hard watch as other folk sail into positions of power and business wealth through the pure luck of having a rich family inheritance rather than through merit, it can be demoralising and encourage resentment against the broader capitalist system. Hence, so the argument goes, even though inheriting wealth per se is not wrong – it is the right of X to transfer legitimately acquired property to whomever he or she wants, period – it is sensible to foster an economic environment in which people feel they get a fair shake at what life has to offer.
I once was quite attracted by this idea of taxing inheritance to encourage some sort of ‘level playing field’, but I am no longer so sure. For a start, if an economy is expanding rapidly, it is hard to see how the presence of rich kids really demoralises less fortunate people. The economic process is not a zero sum game. Arguably, a sense of anger (“I’ll show those rich bastards”) may even spur the latter group to work incredibly hard to overtake the former. Rich kids may find they have to work harder, too, to impress people in certain ways who resent their wealth, and so on (I have seen this in action).
If a society is a closed one and the state controls most, if not all, of the key parts of an economy, then the existence of a small but influential case of rich people able to pass on their wealth without hindrance might also be a problem, but the solution to that is not to tax inheritance, but shrink the state.
A final point worth repeating over and over is the old example provided by the late Robert Nozick, the Harvard philosopher. He famously trashed egalitarian attacks on inherited wealth by rejecting the model that egalitarians use of society as a justification for their views. He said, if memory serves, that egalitarians tend to view life as a closed circuit, like an athletics track, and that if a person inherits a fortune, it is like an athlete starting a race 10 yards ahead of his fellows. But there is no fixed end to which people in society are racing, as they are in a 100m sprint. Instead, society is simply the short-hand term we use to describe the network of relationships between people exchanging things with each other to get what they want. To say that if I inherit my father’s dashing good looks or wealth means I have an “unfair” advantage over X or Y is meaningless in the context of an open society.
There are many practical, utilitarian reasons to object to inheritance tax (although other taxes are arguably even worse). But the moral case against it also needs to be made and the collectivist, zero-sum assumptions on which anti-inheritance views are made also need to be challenged for the errors they are. We cannot expect that job to be done by George Osborne.
(Update: over at the left-wing blog Crooked Timber, a contributor argues that the focus for inheritance tax, which is regarded as a good thing, should be on the beneficiaries, not the bequesters. But of course; if you are an egalitarian, it is natural to want to push the focus away from the right of people to dispose of their property to those that receive it. But the comment makes no reference whatever to why inequality that may arise from inheritance is in and of itself a bad thing. Such inequality is just assumed to be a bad thing, period. No actual argument, from first principles, is given as to why).
Orwell imagined a political order that would try to change people by expunging certain terms from the vocabulary in order to make the very concepts those words represent un-knowable.
Of course Orwell had not heard of the European Union. To quote EU Justice and Security Commissioner Franco Frattini:
I do intend to carry out a clear exploring exercise with the private sector… on how it is possible to use technology to prevent people from using or searching dangerous words like bomb, kill, genocide or terrorism
And of course this will also block anyone researching the history of Nazi German and all manner of other governmental action throughout history . It might be interesting to speculate on what the motivation of someone like the EU’s “Justice and Security” Commissioner really are.
(via Ben Laurie)
They keep on coming on, like a sort of rank of killer insects in one of those terrible B-movies. Here is the latest shaft of wisdom from the judiciary:
The entire population of Britain – and every visitor – should be added to the national DNA database, a senior judge has argued.
Marvellous. None of that “presumed innocent” namby-pamby nonsense.
Appeal Court judge, Lord Justice Stephen Sedley, said the database, which holds the DNA from millions of suspects and crime scenes, should be extended to all residents and even tourists, in the interests of fairness and crime prevention.
Fairness? What about the state and its officials leaving the innocent alone and not demanding every greater controls over our lives? Has this judge read his Blackstone lately?
“Where we are at the moment is indefensible,” Sedley told BBC radio.
I agree. It is indefensible that such a person holds such office. Cleaning toilets might be more his line:
“Everybody, guilty or innocent, should expect their DNA to be on file for the absolutely rigorously restricted purpose of crime detection and prevention — and no other purpose.”
“For no other purpose”. Why, are there other purposes that the judge knows about?
This is a public service announcement to save time for those who would rather get on with irrelevant vituperation and not bother digesting the point of my post: In a moment I’m going to say something positive about Gerry Adams.
First, consider this from The Washington Post:
The government’s terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list’s effectiveness.
A range of state, local and federal agencies as well as U.S. embassies overseas rely on the database to pinpoint terrorism suspects, who can be identified at borders or even during routine traffic stops. The database consolidates a dozen government watch lists, as well as a growing amount of information from various sources, including airline passenger data. The government said it was planning to expand the data-sharing to private-sector groups with a “substantial bearing on homeland security,” though officials would not be more specific.
….
Jayson P. Ahern, deputy commissioner for U.S. Customs and Border Protection, said focusing on arrests misses “a much larger universe” of suspicious U.S. citizens.
“There are many potentially dangerous individuals who fly beneath the radar of enforceable actions and who are every bit as sinister as those we intercept,” he said.
Gotta love those adjectives: “Potentially dangerous”, not “dangerous”. “Dangerous” would invite the question: How dangerous, exactly? And: What mayhem have these invisible pseudo-threats caused that the forces of security could not have created all by themselves? As for the visibly suspicious, the “sinister”, just how threatening they are is shown up by the US Customs and FBI’s own account – a “small” number of arrests, not necessarily related to terrorism, a number in the hundreds turned back at the airport. Which can happen even if you have been arrested without charge at some other time in your own country and didn’t realise that in consequence you need a visa.
Which brings us to Mr Adams. → Continue reading: State security theatre
Readers will recall the conniptions with which the UK Government and its media proxies met a Conservative policy paper from John Redwood (not actually a party policy) recommending reductions in red-tape.
The horror was Mr Redwood projected to reduce the compliance burden on business by approximately £14 billion. No cut in public spending was mentioned. Given the way bureaucracy works, removing inspections and forms does not necessarily mean reducing the number of inspectors and form-monitors.
Now comes some analysis that shows both sides were making a fuss about nothing. The way the current government operates, £14 billion is peanuts – roughly the annual rise in the direct cost to the general taxpayer and the regulatee of new bureaucracies. Lets not attempt to count compliance costs. No-one else has. But the Economic Research Council has been doing some sums.
As reported in yesterday’s Sunday Telegraph (and appearing shortly on the ERC site):
[T]he cost of executive agencies, advisory bodies, independent monitoring boards and other quangos has mushroomed under New Labour. Spending on such agencies soared to £167.5billion in 2006, up from £24.1bn in 1998. Research revealed for the first time this weekend shows that over the past two years ministers have created 200 quangos.
Now there is a wrinkle here that seems to have been sidestepped by The Telegraph and the ERC: much of that increase is reclassification combined with expansion, particularly of chunks of the NHS. Reclassification is also a ratchet device – it puts bits of government machinery beyond ready scrutiny by calling them independent and lets them be pumped up independently of the departmental budget. But nonetheless it means the Tories, had they the nerve (and if they thought it would work as a political strategy), should have no difficulty in promising £50 billion in actual tax cuts, with the lifting of any compliance burden mere spin-off, rather than the main event. You can make your own list of favourites for culling from this document [3.5Mb pdf], though reading a 372-page list of official bodies may be a distressing experience.
It may also be funny, for those with a sick sense of humour. This body does not appear to spend anything, yet, though there is provision for £200,000 a year in state funding, and administering its existence and listing must cost something:
National Community Forum.
The Community Forum acts as a sounding board and critical friend to ministers and senior managers in DCLG. Members provide a ‘grass-roots’ perspective on the way neighbourhood renewal and other policies impact on local communities. Especially in relation to community participation and empowerment. They also provide valuable insights and information based in their first-hand experience of living and working in deprived neighbourhoods.
Established 2002. The NFC has not been ‘reviewed’ by the department, but they have just completed a two year evaluation which is about to be discussed by the board and will be placed on the website.
It is not that “you couldn’t make it up”. Most writers of fiction would be ashamed to invent anything so banal in its pointlessness. Whatever happened to mandarin prose?
James Porter, the headmaster of a private school, has been convicted over the death of a three year old child who fell from some playground steps and died. The implications of this monstrous and truly idiotic ruling are that soon visits to the playground will become a thing of the past unless the students are wearing safety helmets and body armour and are supervised by a team of lawyers at all times.
It is a tragedy that a young child died after jumping down a few stairs but that is just the way life is… sometimes it ends in premature death for no good reason other that children are wont to act like children. That is sad but it is also not just no one’s fault, it is entirely acceptable as life has its casualties and to blame this teacher is truly, truly monstrous.
Of course it cannot have helped that James Porter made the supremely sensible but very politically politically incorrect statement that “[Children] need to learn how to move in any given situation in a way that will protect them from injury. If they don’t have that facility, if we simply wrap them in cotton wool, they will never learn that lesson.”
But never mind that everyone seems to agree that there was nothing unusually unsafe or in any way exceptional about this particular flight of steps, this man has been found guilty under some preposterous health and safety regulations regardless. We seem to be heading down the enervating and idiotic path blazed by the United States in which every mishaps has to be someone else’s fault regardless of common sense or natural justice. Appalling.
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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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