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Such are my internetting skills that I had to go here first, and then to here, before finally getting to here, the final here being a Telegraph piece about the restoration to the people of Britain (or maybe, it’s hard to tell, the mere restatement of) the right of forceful self-defence.
Home owners and “have-a go-heroes” have for the first time been given the legal right to defend themselves against burglars and muggers free from fear of prosecution.
So, if someone breaks into my flat in the dead of night, and I get lucky with my late uncle’s old cricket bat which I still keep handy just in case, I won’t have to be quite so fearful of legal complications.
There is, after all, something to be said in favour of lame duck governments, desperately trying something – anything – in order to save a few fragments from the forthcoming electoral wreckage.
My guess is they were ploughing through the tedious and now desperately dispiriting rigmarole of yet more focus grouping, with very little to show for it indeed other than deepening hatred of the government, until suddenly someone piped up with something about “if I break the skull of a burglar when all I was trying to do was protect my home I didn’t do anything wrong” or “it’s ridiculous that old men who fight back with their walking sticks get arrested but not the scumbags who attack them”, or some such. And the entire room exploded with unanimous agreement. And then they tried it on a few more focus groups, and got the same response. And since this is an actual policy proposal, and not a mere howl of loathing, and since nothing else seems to be persuading anyone that this government is not a total disaster when it comes to restraining criminals in any way whatsoever, why not give it a try? “I mean, at least we could make an announcement.” Which is what I of course suspect this to be. The government screws up the small print in every other law it passes these days, so I expect this law, in the unlikely event that it ever materialises any time soon, to be just as bad, and quite possibly to be yet another few sneaky steps in the wrong direction rather than any sort of step in the right one.
No matter. That this government is even pretending to talk sense about the right to forceful self-defence – instead of the usual evil tripe about waiting several days for the police to show up, maybe, with counselling pamphlets – is a huge improvement in the political atmospherics of my country. Many of this government’s supporters will be thrown into well-deserved torment and angst on this topic. Unreconstructed lefties will regard this announcement as just one more reason why the forthcoming collapse of this government really doesn’t matter, which is all to the good. Saner lefties, still determinedly wrong about such things as income tax but less wrong about this topic, will feel free to make themselves heard, and to praise their government for this bold initiative. The opposition will scrutinise the proposal for evidence of the duplicity that I pretty much now assume. And, you never know, it just might be genuine.
Meanwhile, am I allowed to say, sotto voce, that I did, sort of, see this coming? I wonder if those who commented derisively on the apparently absurd optimism of that earlier posting saw this latest proclamation coming. Even I am amazed at how quickly the tide may now be beginning to turn. Because, restoring (or maybe just re-stating for the benefit of judges and policemen who now assume other things) the right (itself no small thing) to forceful self-defence leads will lead directly to further discussion, about the means of actually being able to set about doing such defence. I have my cricket bat. So, how about a gun? The principle has now been conceded. Now let’s talk practice.
Definitely a small victory, and maybe, just maybe, something slightly bigger than that.
At my education blog late last night, I found myself putting, in connection with this (which is a story about how two French science students were brutally murdered in London yesterday), this:
It’s somewhat off topic for this blog, but I say: allow non-crims be be armed!
It may yet happen. London, full of disarmed non-crims and armed crims, is rapidly becoming like New York used to be but is now so conspicuously not, a “crime capital”. Any decade now, something might just give. Or, to use the language of this blog, the lesson might be learned.
Something about the extreme savagery of that double murder yesterday made me think that now was the exact time to be saying such a thing, not just to those few of my devoted libertarian friends so devoted that they read that education blog of mine, but also to any eco-friendly home-schoolers or weary school teachers who happen to drop by there. Suddenly, the anti-gun-control message felt very right, like an idea whose time, finally, might have come. → Continue reading: Is gun control about to be rolled back in Britain?
So the Supreme Court’s opinion in Heller really has me wondering. Will this have any effect on the practice of so many police departments, especially big city ones with bright shiny SWAT teams, to use middle of the night no-knock raids when a less dramatic approach might have been a better choice? Will it encourage better investigations of exactly who’s home they are breaking into before they begin battering down doors?
I suspect but haven’t checked that most of these raids occur in jurisdictions that do, quite likely to soon be ‘did’, not permit armed self defense in one’s home. I further suspect the unspoken reasoning was too often, ‘Don’t worry about it. If they’re not bad guys, they won’t be armed’.
I’ve spent more than a decade working as a nightclub doorman. I’ve been involved in hundreds of violent incidents, including many away from the club. I can state unequivocally that in situations where some of these punks decide they’re going to pick on myself, or someone with me, with the intention of stealing our property, terrorising us or just for shits and giggles, on the occasions I’ve been armed, the situation has suddenly resolved itself when I produce a weapon.
A doorman, quoted at the blog of Rob Fisher, occasional commenter over these parts.
On her blog over at the Spectator website, Melanie Phillips, a writer with whom I generally agree on certain things, not least the right of Israel both to exist and defend itself, writes what I think is a poor article on David Davis’ recent decision to hold a by-election in his parliamentary seat to highlight the loss of civil liberties:
Much is being made in some quarters of the apparent gulf between the view taken of David Davis’s resignation by the political and media village (he’s lost the plot/is a one-man plot/is a monstrous narcissist) and the public (he’s a hero fighting for Britain’s ancient liberties). I can’t help but see all this as yet another example of the replacement of reason by emotion. I can certainly see that Davis has touched a popular chord among people who feel passionately – and I have much sympathy with this – that MPs no longer act in the public interest and no longer speak for them but instead are machine politicians whipped by their party leadership into a systematic denial of reality. I also sympathise with the general view that the state is encroaching more and more oppressively into people’s lives – the abuse by local councils of anti-terrorist legislation being a case in point. To that extent, the quixotic Davis is surfing the popular tide of anti-politics, which explains much of the support he is getting and is not to be under-estimated.
“Much is being made”. Yes, that is because the loss of civil liberties and the spread of the database state has reached the point where ordinary members of the public – those ghastly people – are getting riled. David Davis is a sufficiently paid-up member of the human race to have spotted this. But to dismiss his action as some sort of Dianaesque emotional display, rather than what is in fact a pretty shrewd, calculated act seems a bit patronising. And then we get to the reasoning that explains why Ms Phillips dislikes what Mr Davis has done:
Second, he says he is against 42 days because he stands for the hallowed principle of not locking people up without charge. So does that mean he is against the 28 day limit as well? And if he is, then surely he has to be against the 14 day limit that preceded it, and the seven day limit before that. Indeed, according to the principles he has laid down he has to be against any detention before charge at all. Similarly, he says he’s against the whole ‘surveillance society’ including speed cameras, DNA databases, CCTV and so forth; yet he also says he’s not against all of this, and doesn’t want to get rid of all DNA testing because some of it is perfectly sensible. So what exactly is he fighting for? And why couldn’t he do so within his own party, which largely takes precisely the view he professes? Has he given this any systematic thought at all? Despite his SAS image and multiply-broken nose, is he not merely beating his chest and emoting, in tune with the sentimental irrationality of the age?
Well, leaving aside the snide remark about his “SAS image”, I am not sure how Mr Davis would reply to all of those points but his recent remarks make it pretty crystal clear that he is against the holding of DNA on innocent people, for example, or even shorter periods of detention without trial. Ms Phillips, presumably, is in favour of all the above and more.
Then we get an argument that Mr Davis is in favour of all this “emotional” civil liberties stuff because he is insufficiently aware of the threat Britain faces from Islamic terrorism:
It also strikes me that there is a strong and quite vicious sub-text to the support he has been getting within certain political circles, which are backing him against what they call the ‘neo-cons’ in David Cameron’s circle — by whom they mean in particular Michael Gove and George Osborne. The thought-crime committed by these two is to analyse correctly the threat to this country posed by Islamism and to support America in its fight to defend the free world. The anti neo-cons believe, by contrast, not merely that Britain must put critical distance between itself and American interventionism, but that the threat to Britain from Islamism is hugely exaggerated, both from within as well as from without. It is in that context that they maintain that 42-days is unnecessary because the dire warnings about the likely threat to this country are unproven and that the extension of the detention limit is instead a Trojan horse for the willed erosion of our ancient liberties.
The reasoning is weak. It does not seem to cross her mind that one might be as concerned as the next man about terrorism – as I am – without feeling the need to chuck out long-standing protections of the individual that were not even removed – or at least only shortly – during emergencies such as the Second World War. It may be that some people on the right dislike the “neocon” argument out of some naive attitude about terrorism, or some sort of hatred of Israel/America, etc, but that does not appear to be the case with Mr Davis. As far as I can tell, he is very much from the Atlanticist tradition of conservatism.
Ms Phillips is also playing to the bad argument that to be a defender of liberty is to be a softie on security. We have to absolutely nail this terrible idea that you can trade off one against the other.
By contrast, here is a cracking article that takes Mr Davis very seriously indeed.
The other day I referred to a PJ O’Rourke gag which made the crack about a guy marrying Angelina Jolie for her brains (as opposed to her looks). Thinking about it, it was actually not a very good joke, even though it did not imply that Jolie was unintelligent, far from it. Anyway, it turns out that she is indeed smart and has a fair amount of guts as well:
“The pregnant mother of four told the U.K.’s Daily Mail that she owns guns similar to the ones she used in “Tomb Raider.” Jolie and partner Brad Pitt are not against having weapons in their house for security reasons, she says.”
“If anybody comes into my home and tries to hurt my kids, I’ve no problem shooting them,” she said.
Jolie, 32, has starred as a heat-packing vixen in several action movies – two “Tomb Raider” films, “Mr. & Mrs. Smith” and the upcoming futuristic thriller, “Wanted.”
“I can handle myself,” she said. “There’s a side to me that people know is humanitarian, and there’s a side to me that’s a mommy. But there’s also the side that likes to get down and dirty and run and jump around and fire guns.”
If the NRA wants a replacement for its former figurehead, Charlton Heston, they could do a lot worse than Ms Jolie.
Do readers have any other examples of Hollywood/other actors and actresses who have come out in favour of self defence like this? There must be some, surely.
I am glad to see that a long-standing US friend of mine, Russell E. Whitaker, is back posting to his blog, which has had a bit of a haitus due to the man’s shift from California to New York and his being incredibly busy with work. Russell writes a lot and has a lot of knowledge of martial arts. Thanks to him, I started to go to Bujinkan classes in London’s Hammersmith. It is great fun and an extremely useful set of skills about self-defence, although physically tough as well to learn. Unfortunately, due to work reasons – I had to work late in the evenings last year – I was not able to attend as much as I liked last year but that has changed and I intend to resume. In the meantime, I have started to fence. Fencing, I find, is even more physically demanding than Bujinkan (yes, really). Initially, I am learning to use the foil, a very light sword where you score if you hit the opponent on certain parts of the body. Depending on which type of sword one uses, you score differently by hitting certain body parts. Of course fencers wear lots of protection these days so there is little chance of getting injured although you cannot afford to be reckless. I find it incredibly good for eye-hand co-ordination. I have also learned that one needs to do lots of stretching exercises since fencing requires people to be flexlible. My knee joints felt pretty sore the following morning after a class. It is a good incentive to get really fit.
Our lead instructor is a Frenchman – French seems to be the language of fencing – and another instructor is a Hungarian. More than half of the class are women, who are often much better than the men.
On the subject of fencing, we all have our favourite films. There are some great sword fighting scenes in Cyrano de Bergerac, Le Bossu, and in the excellent Ridley Scott film, The Duellists (starring Harvey Keitel).
For those interested in fencing as a sport, here’s a book worth looking at. But in the end, if you want to have a go, you have to go to a class. One word of warning: the kit can be expensive, so it is best to go to a few classes, use the class stuff to see if you like it first.
“The background to this method of policing is that NuLab became increasingly irritated with the police detecting crime. This tended to militate against the working classes (few question the link between poverty and crime). Being so unutterably incompetent, NuLab were were unable to tackle poverty (unless by increasing it, they can claim to be tackling poverty). One solution to this was to make crime detection a more egalitarian process. By criminalising “anti-social” behavior that was more likely to committed by the middle classes (speeding, hunting etc), then issuing directives for police to ramp up their response to such infractions, the thinking was that this would highlight how criminality was not the preserve of the put upon working classes.
On top of this, there existed a situation whereby the number crunchers claimed that the fear of being a victim of crime far outweighed the reality of being a victim of crime. Hence the emphasis shifted away from tackling crime i.e oppressing the working classes, to tackling the fear of crime. This had a cheap solution: high visibility policing. It is this thinking that lead to the introduction of those decaffeinated police officers known as “PCSOs”, along with the requirement for high visibility vests worn with officers. This type of thinking also results in situations such as the Forest Gate incident, whereby the number of officers present seems to far outweigh the threat and the inclusion of the press in high profile operations. All of these things are designed to tackle the FEAR of crime, not crime itself.”
From one of our readers, “Fed_Up”, commenting on my recent encounter with the police. Thanks for the comments. The one here raises the issue of class. It is sometimes said that these days, the cops, or at least some of them, are the “paramilitary wing of the Guardian newspaper”. This represents a significant shift in the cultural/political standing of the police over my lifetime.
Consider this: there is no doubt that during the 1980s, when the Conservatives were in power, some of the police powers used at the time got on to the statute books with relatively little complaint from what I might loosely call “the right”. Not everyone was complacent, of course. Libertarian Alliance Director Sean Gabb and the LA’s founder, the late Chris R. Tame, were early in pointing out at the time that no consistent defence of liberty makes sense if it is confined purely to economics, a point that some Tories to this day don’t seem to grasp. While coppers were pinching Rastafarians in Brixton and hitting coalminers on the head in Yorkshire, a lot of the middle classes were happy to look the other way. As an unashamed middle class Brit with mortgage, happy marriage and decent job, I am the sort of person, I suppose, that has in a certain way been radicalised by the CCTV state, or “parking warden culture”, as one might call it. It is important to understand, however, that the sort of petty exercise of power has been going on, sometimes unremarked, for years. So I certainly don’t feel sorry for myself. I am, more than anything else, depressed at the fatuity of “security theatre” policing. It must, at one level surely, gnaw away at the morale and self respect of decent coppers. But there is no doubt that the role and status of the police has changed and so has the type of person that might be attracted to making a career in it.
I must say I am still stunned by the open admission of one commenter on my earlier posting that random searches are good for “fishing expeditions”. We were not very kind to him on the previous thread. Justifiably.
For a good take on what has been going on with policing in the US, Gene Healy of the CATO Institute think tank has a sharp analysis. Several US readers expressed their horror at what is happening here in Britain; I am afraid that things are not so great in parts of the US, either. And as for France, etc…..
Hollywood illiberals such as George Clooney and Michael Moore made a career of sneering at the ageing Charlton Heston, which was almost enough to make me join the NRA. True, many of Heston’s conservative views might be as dated as his movies. But a willingness to take up arms for human freedom is one reason why we still don’t live on the planet of the apes.
– Mick Hume, reflecting on the stance on the right to bear arms that was taken by the late, great Charlton Heston. Here is a wonderful tribute to Heston by the US actor, Richard Dreyfus. Dreyfus is a ‘liberal’ in the American usage; his comments show real class and generosity of spirit.
Heathrow Airport is a horrible place: overcrowded, dirty and unable to cope with the volume of traffic. A few days ago, Terminal 5 was opened. As a result of the demented decision by the British Airports Authority, the Spanish-owned company which has a monopoly franchise on UK airports, to blend international and domestic passengers going through the terminal, BAA has decided to fingerprint everyone who goes through terminal five. Soon all passengers going out of Heathrow, and other BAA airports, such as Gatwick, will be affected. The queues will get worse, and ironically, so will the vulnerability of passengers to terrorist attack during peak times. One hates to think what it will be like during the summer holidays and over the Christmas break.
Richard Morrison has a good old rant in the Times of London today about this issue. He points out that BAA has introduced the system at its own behest, not because of the government. For once, a libertarian cannot just bash the state for this, at least not as the direct culprit. I have no problem per se in a private airport operator setting certain rules which customers are free to ignore by going elsewhere, but as BAA has a monopoly, it hardly is a model of free market capitalism. BAA was privatised initially with its monopoly largely intact, which was a mistake. Of course, if passengers feel safer going to airports which demand iris scans, fingerprints, ID cards, body searches, intense questioning, and all other manner of intrusions into privacy, by all means go to these places. For the rest of us, even those who fear terrorism, we might prefer to take our chances and travel like free law-abiding adults, rather than convicted criminals.
For a good, sober look at the trade-offs with security measures and the unintended bad effects of things like this, this book is a good place to start. The author is not some hard-line civil libertarian and quite friendly to a lot of security ideas, but he understands that there is no security system in the world that is fail-safe and argues that it is about time people were allowed to weigh the risks more intelligently.
In a recent interview (“When nature is one step ahead”, New Scientist, 2008 02 09) marine biologist Raphael Sagarin has little to say about security that a libertarian could disagree with:
You can look at virtually any question about security through a biological lens, from how to develop weapons systems to how to organise government departments. You look at what the most successful organisms do to solve their security problems, and then you try to use that. One clear lesson is that the species of systems that have been around the longest, adapted to many different environments and captured the most resources have a structure of fairly limited central control, with a lot of autonomy.
He believes DHS should be broken up into a number of smaller organizations; that TSA carries out actions which are an incredible waste of resources and that some of the best work the government does is through small organizations like DARPA.
It is a very interesting read if you can find it.
Thanks to Nick Cowen of the Civitas Blog, I have just been reading another of those man facing prosecution for defending himself stories:
A shopkeeper could be charged with murder after an armed robber who tried to steal the day’s takings was stabbed with his own knife during a struggle.
Tony Singh, 34, described as a hard-working family man who often works 13-hour days, was ambushed as he shut his shop on Sunday evening by Liam Kilroe, 25, a career criminal who was armed with a knife.
Mr Singh fought back and, after a fierce hand-to-hand struggle, Kilroe was seen by witnesses to stagger away clutching the knife to his chest. Kilroe was taken to hospital, where he died, and Mr Singh was detained by police. He is now waiting to discover whether he will be charged, and is on police bail until February 29 pending further inquiries.
Lancashire police confirmed that papers had been sent to the Crown Prosecution Service, which will decide whether Mr Singh should be charged with one of three offences: murder, manslaughter or assault.
Mr Singh, who suffered injuries to his neck and back during the struggle and had to be treated in hospital, insisted yesterday that he had acted in self-defence. …
I suppose the authorities have to consider the possibility that Mr Singh may have done something wrong despite all appearances to the contrary, but in this case they appear, unless this report is way off the mark, to have no evidence of any such thing. It could be that the police routinely hand over all the evidence in such cases to the CPS, no matter how heroically the shopkeeper behaved and no matter how completely the villain got what he deserved and how completely the heroic shopkeeper did the rest of us a favour by, as it turned out in this case, killing him. And whereas in theory there could be a prosecution, the chances of one actually materialising are very remote. In which case this is a story about lousy journalism.
But, as Nick Cowen points out, what the shopkeeper appears to have done is what the criminal justice system failed to do. He punished an already arrested and many times previously convicted career criminal, who should have been in jail already but who was actually roaming the streets trying to commit more robberies. The justice system should have stopped that, having already had every chance to do so. Tony Singh’s heroism showed up what a lousy job it was doing.
The phrase “taking the law into their own hands” is often used by the authorities in circumstances like these. But by the look of it, Tony Singh didn’t so much take the law as catch it and save it from being smashed, after the authorities had themselves dropped it. And you can’t help suspecting that, in the eyes of the authorities, this was the real crime here. Why couldn’t he just have handed over the money like a sensible chap?
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