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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The headline of the print Daily Telegraph today trumpeted ‘Mini-brothels get go-ahead to operate on your doorstep’. I immediately took a peek at my doorstep but alas nothing to report yet.
To recycle a well known quote: prostitution combines free enterprise with sex. Which one are you against?
As someone who follows such things I had expected the latest Home Office consultation exercise to go according to the standard pattern, thus:
- Home Office makes suggestions for changes in public policy…
- …’evidence’ is taken from interested parties including police in search of promotion, contractors in search of contracts, and researchers seeking posts on the new quango to be created…
- Home Office considers, announces its plans have ‘general support’, ticks box marked ‘public consulted’ and carries on with making legislation for parliament to approve.
So I was gearing myself up to write a piece on the repulsive sight of a department torn between the desire to regulate everything and to maintain PC social norms. Citing the ignominious failure of the Victorian Contagious Diseases Acts, I was going to pour scorn on the futility of a regulatory regime that licensed brothels while denying the most basic economic rights to prostitutes, and created ‘zones of toleration’ in an effort to buck the market while punishing the streetwalkers it purported to protect.
The Goverment has shot my fox. And it turns out the fox was packed with explosives. Someone has overturned the (paradoxical) regulatory liberalisers and has decided puritan prohibitions are what we need. The move is instead to be to “Zero Tolerance” of ‘kerb crawlers’ – and quite without comment, the continuation of zero civil-law rights and next to zero criminal-law protections for prostitutes themselves.
The Home Office minister Fiona McTaggart was quoted yesterday on the BBC as saying that prostitution “is child abuse” because many prostitutes begin selling sex below the age of consent. That is an insane argument driven by the demands of moralism. By the same token unpaid sexual contact must also be child abuse, because most people’s sex lives begin before that arbitary, if increasingly rigidly totemic, mark. Someone, somewhere, is making David Blunkett, who was responsible for the original pseudo-tolerant proposals, look like a liberal.
Does the devil’s name begin with B? The emphasis on cleaning up public untidiness by bullying is of a piece with the respec’ agenda. And there have been suggestions that the inate liberalism of the Home Office – not something spotted by many commentators before now – is interfering with the operation of the Anti-Social Behaviour Unit.
Just another brick in the wall, perhaps. But turning the public agenda on a sixpence, and producing plainly mad arguments for doing so, are ominous. The Head Boy is ever more a dictator, and ever more the apostle of social conformity.
This is not some silly idea of the phoney left. It is a mainstream idea of modern times. It is a new kind of identity and a new kind of freedom. I respect the noble Lords’ views, but it would help if they respected the fact that the Bill and the identity cards represent the future: a new kind of freedom and a new kind of identity.
– Lord Gould of Brookwood (most decidedly New Labour) speaking at yesterday’s Committee of the Whole House on the Identity Cards Bill.
Chilling, eh?
I file this under “Self ownership” because the Bill (do read it) seeks to end all that sort of thing. No more of the messy business of people deciding for themselves who they are and how much to involve the government in their lives.
Alexia Harriton, an Australian woman who is deaf, blind, physically and mentally disabled and requires round-the-clock care, is suing a doctor for allowing her to be born, with the full support by her mother. Never mind that rubella during pregnancy does not guarantee what happened to Ms. Harriton.
I have a better idea. If she is competent to sue the doctor, she is competent to tell the people giving her round-the-clock medical care to get lost and let nature take its course. Hell, she could tell one of them to leave a nice sharp knife or a cup of water and a bottle of sleeping pills within reach if she wants to expedite things and if she cannot manage that, well seeing as how her mother is so supportive…
Why should a doctor be liable for an ‘act of God’? So he did not diagnose how thing would shake out correctly. Too bad, no one is perfect.
Seems to me that Alexia Harriton and her mother were born moral and emotional cripples too. Nature dealt them a seriously crap hand and that is truly tragic but it is no one’s fault. It happens. Deal with it, but please, deal with it yourself. Think I am being a little harsh? Well I do not think so and I have my reasons.
My previous article seems to have sparked off a discussion amongst the commentariat on the difference between being called a ‘subject’ or a ‘citizen’. To prevent that comment section from digressing too far, I thought it might be interesting to provide an article to revisit the topic even though I have written about it before.
There are some historical reasons why the British have been ‘subjects’ (as they were subject to the laws of the Crown), whereas Americans have been ‘citizens’. The reality is that what the British are subject to are the laws of a democratically elected Parliament. As in truth the Royal Assent is nothing more than a historical curiosity, the actual differences between the way individuals truly relate to state in the United States and Britain is less than it might seem. The principle differences of significance are that as Britain is more democratic at the national level, individuals have less institutional defences against the power of the state, whereas in the United States, with its written constitution and clearer separation of powers, an individual has more structural defences against the excesses of democratic politics, at least in theory.
In my experience most people tend to think they are citizens rather than subjects of whatever nation issues their passport. However I have always though the term ‘subject’ was a far more honest word to describe the relationship between individuals and the state rather than the prouder egalitarian sounding ‘citizen’. We are subject to taxes, we are subject to laws, we are subject to conscription of various sorts (be it military, educational or judicial). Sure, we ‘citizens’ are empowered via the glories of democracy, but quite how being out-voted and then being subject to some law you oppose ’empowers’ you is unclear to me, even if it is a reasonable law. To be a subject may seem demeaning but in truth that is what we are: subjects.
As it happens, I think the term is even more appropriate for US ‘citizens’ given that at least in Britain and almost every other country, to avoid your particular state making ownership claims on the product of your labour, you just have to leave the country and live somewhere else. States generally do not claim to own you independent of your location, just the territory you live on and part of your labour within that territory in return for its ‘protection’ (capisce?).
The United States, on the other hand, claims you owe them the obeisance of taxes regardless of where you are physically located anywhere on the planet, although in practice it often makes arrangements with other nations to only impose its demands if you make more than a certain amount (double taxation treaties). Yet the obligation to report your income from overseas and to pay the IRS is still there if they wish you to do so.
So if it is not just sovereignty over a piece of land that the USA claims, it actually contends that it owns part of your labour regardless of where you live, making you subject to taxation for merely having the permission to live in America even if you choose to live elsewhere, then you sure sound like a ‘subject’ to me.
Spiked carries a fascinating, if frightening, piece by Charles Pither, a private doctor, on the invasive requirements of galloping regulation on those working in the healthcare sector. Just being able to check and list their employees (and their own) slave-number online will no doubt come as a relief.
What I hadn’t appreciated, until the man came to make his inspection, was all the personal data that we needed to keep for our staff (in a locked cabinet, of course). Two references, a recent photo, a copy of their passport, copies of their qualification certificates, a curriculum vitae with explanations for any gaps, a copy of their contract and job description.
Including the cleaner? Yes, including the cleaner. ‘It’s not me who makes the regulations’, said the man from the HCC. ‘The onus is on you to comply with the statutory requirements as set out in the standards of care regulations.
Read the whole thing, as they say.
What’s most disturbing is how suddenly these bureaucratic personal checks have sprung up, and how it has happened with no resistence. The Health Care Commission was created by the Health and Social Care (Community Health and Standards) Act 2003, and started its interfering on April 1st 2004. The Criminal Records Bureau was established under the Police Act 1997, but its functions have been rapidly widened, in legislation on children, education, financial services, and health, but also notably by a series of Exceptions Orders to the Rehabilitation of Offenders Acts that have made the idea of a spent conviction (an old, minor one you need not acknowledge) pretty much obsolete. The operative Control of Substances Hazardous to Health Regulations are dated 2002.
Never mind 1890, it would be nice to get the British state back to the size it was in 1990.
On The Voice of Reason (slogan: “A penny saved is a government oversight”), there is a pretty clear headed little essay of what I think is most the reasonable position on this absurdly emotive case.
For many Americans who see the state as being the central and most important institution there is, the axis around which civil society orbits, the whole idea of ‘dual nationality’ is deeply disturbing. A person born in a different land can assimilate into civil society, adopt the mores, trappings and affectations of the place in which they now live and even accept being marked as a political subject of the government (become a citizen) but if they do not in fact repudiate being a subject of their previous home, to a statist American the question often asked is “can that person really be an American?”
I have heard people in the US say that of the many Jewish Americans who also hold Israeli passports and now increasingly that question is asked of Mexican Americans who retain ties to Mexico. Cosmopolitanism is seen as somehow dangerous and almost wicked. That dual nationality is particularly disturbing to some Americans is not surprising seeing as how the USA claims a proprietary interest in Americans nationals even if they do not live within the lands within which the US state claims sovereignty over (to the extent that even foreign people with US green cards who are not US subjects and who no longer live within US territory are still supposed to make US tax returns and incur US tax liabilities!). In most of the rest of the world, the moment your cross a national border, the nation you lived in generally looses interest in most of your economic and political activities, making dual nationality rather less emotive an issue other than in times of war between the two nations in question. Being a US ‘citizen’ is like having a big brand on your arse which stays with you regardless of where you go, making claims that US citizenship is somehow superior because it is not ‘ethnic based’ somewhat odd… it is more analogous to creating a new ethnicity, at least politically speaking, called ‘American’.
But for many, probably more who hold dual nationality, it is just a means of being able to live where they please and cross borders to places where they have friends and family without being harassed by the state’s border guards and pettifogging officials. The truth is that for the great majority of people the state is not the axis around which their life revolves and the bit of coloured cloth that flaps over them is really not a big deal.
As a ‘rootless cosmopolitan’ myself, I make no secret that I see collecting as many citizenships as possible as useful way to dilute the influence that states have over people. That does not mean I am blind to the possibility of political leaders in one country making mischief in another country by appealing to notions of ‘Volk’ or ‘La Patria’… yet political antics can be trumped by simply allowing the natural (yes, natural) process of assimilation to run its course, rather than distorting and delaying that process with crazy ‘identity politics’ which reward primitive tribalistic attitudes, and social welfare programmes that invert the traditional motivate for people to become immigrants in the first place.
… but if you think that means the idea of banning smoking in the UK has been condemned, you would be wrong. The headline appeared in the Telegraph above the article reporting that plans to restrict areas for smokers in pubs were denounced as inadequate last night by campaigners pressing for a ban.
The anti-smoking campaigners denounced the agreement of more than 20,000 pubs in Britain to introduce restrictions on smoking to make around 80 per cent of bar space tobacco-free within five years. Smokers in these outlets would be restricted to specified areas or rooms.
The ‘anti-choice extremists’ for the smoking ban, apparently encouraged by evidence suggesting that a big drop in tobacco sales in Ireland due the prohibition on smoking in pubs, are pushing for more. Deborah Arnott, director of Action on Smoking and Health (Ash), said:
This is a last desperate throw of the dice by the biggest players in the pub trade. They spin their plans as a smoke-free initiative, but they are nothing of the kind.
They will still leave their non-smoking customers gasping and leave more than half the country’s pubs unaffected.
I must be missing something, I did not notice any spin for a smoke-free initiative. It is a question of choice, not an imposition of a health-fascist measure.
Rob Hayward of the British Beer and Pub Association, which brokered the deal, argued with sensible points:
Clearly with the number of non-smokers on the increase companies want to reflect that in the way they run their pubs. We want to see better choice for non-smokers. At the same time we believe in freedom of choice and a policy that will still allow smokers to enjoy a night out with their friends in the pub.
Indeed. I do not like cigarette smoke in pubs, bars and restaurants although I am partial to a good cigar. But I do like the right of owners to let customers do in them what they wish on their premises. And it seems that even a government survey cannot produce better than 20 percent support for a total ban.
Surveys nothwithstanding, the ban in Ireland caused a 15 per cent drop in trade. A similar loss of business in Britain would lead to the closure of 5,000 pubs. And that’s got to be a bad thing.
I did a few postings on my Education Blog at the beginning of this month, but these aside I’ve taken the whole of the month off from blogging. And now, my Internet Connection willing, I am back.
It was not so much that I was fed up with blogging, more that there were other things that needed doing, seriously, with the kind of concentrated attention that daily blogging was making impossible.
My home needed new shelves for books and for classical CDs, and it needed old shelves, laden with Libertarian Alliance pamphlets that nobody now needs, to be emptied and taken down. Mounds of papers needed to be sorted and classified, and space had to be created for them then to be stored in such a way that they didn’t just get muddled together again. Two notorious no-go areas (the big cupboard and the space under the desk in my bedroom) were … gone into, and cleansed.
I did do one radio spot about … oh, something or other, and at the end of the month I hosted my usual Last Friday meeting (thank you Paul Marks – excellent talk and an excellent evening). Oh yes, and I did a talk about Classical Music for Tim Evans’s Putney Debate on the Second Friday. But basically I took a holiday from pontification more profound than I can ever remember having enjoyed since I got started as a politificator at the beginning of the nineteen eighties. I did carpentry, sorted through papers, and in between times I socialised with friends (including some of my fellow Samizdatistas), undistracted by the self-imposed duty to tell the world what it should be thinking, or even to think about it.
It was a blessed relief suddenly to find myself in a world where the only problems that mattered were my own, and my own to grapple with and to solve. Yes, I have had Internet Connection problems, but I can deal with them, provided only that I get seriously stuck into them. And yes, carpentry can be exhausting. As was taking out about three dozen black plastic bags of rubbish, with about another two dozen still to go. But what a joy to be obsessing only about things that I could personally do something about.
My kind of politics is very anti-political, as is a lot of the politics here. But it is still politics. And there is a world of difference between sneering and jeering at the buffoons who rule the world, or who think they do, or who pretend that they do, and truly not giving these people the time of day, for day, after day, after day. It really was very refreshing, and not, I believe, an experience I will soon forget.
I even stopped reading Samizdata.
Now that I have resumed reading it, I am glad to see that I was not essential to its continuing success. (I would not want to be writing for a group blog that depended on me.) I did read a book or two during August, and I did inevitably do the odd spot of abstract thinking, about this and that. So I return to blogging action with a mind that is not completely blank. Meanwhile, my deepest thanks to the Samizdata editorial team for not nagging me, and for letting me rest in peace.
Advice Goddess Amy Alkon, whose writing is always good for a laugh, has a disturbing piece on her site about how useless the police were when her car was stolen. On one occasion, a friend spotted her car and, when she rang the police to tell them exactly where they could find it, she was fobbed off by a disinterested operator who read from a script and did not send officers to retrieve it. Later, when the man she knew (and the cops strongly suspected) had stolen her car was known to be at home, Alkon called the LAPD and told them exactly where they could pick him up. The police receptionist told her that no detectives were around, and that she’d have to call back the next day to speak to anyone who could help her.
In the end, Alkon had to get her car back from the thief herself, using good old fashioned shame and hostility. She even enlisted her mother in trying to guilt him into returning items that were in the car when he stole it. But few will be surprised at what the real consequences were for the thief.
Fred still hasn’t been arrested. The case was knocked down to a misdemeanor and so the police can’t go into his house to pick him up…So far his punishment has amounted to being forced to disconnect his phone, probably because he couldn’t take the telephone harassment from me and, especially, my mother. Still, I don’t regret the experience. I had great fun moonlighting as a private detective, I gained newfound faith in humanity, thanks to the Rambler nuts and the other near-strangers who went out of their way to help me, and I’d learned a surprising little lesson: In Los Angeles, crime pays.
Of course this state of affairs is not confined to Los Angeles. Everyone seems to know someone who has been similarly screwed over by police bureaucracy and incompetence. I know some good cops. But pieces like these make it all the more puzzling to me that so many people trust the police so unquestioningly, both to serve and to protect. Do they genuinely believe that the system is stacked in their favour, or is it something people tell themselves in order to feel secure?
Some time in June I was contacted by the production company responsible for making a radio programme called ‘Straw Poll’ for BBC Radio 4. They asked me to join the panel for a forthcoming debate on the proposition that ‘We Should Not Legislate Against Obesity’.
I agreed.
The format of the show is a panel which consists of four speakers, two of whom are in favour of the proposition and two of whom are against. The debate is thrashed out for about 30 minutes or so before the studio audience is given a chance to put questions to the panellists. The studio audience then vote on the proposition.
The programme was recorded last July 19th at a Central London location. My opponents were two doctors representing Orwellian-sounding NGO’s whose names I have not forgotten because I never bothered committing them to memory in the first place. On my side was a very polished and very professional PR spokesman for the food industry. → Continue reading: Taking the fight to the enemy
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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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