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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Somehow we have arrived at a place that the West never expected to inhabit. A generation after the collapse of the most powerful totalitarian regime in modern history, the “free world” has apparently lost its grip on the relationship between moral values and political decisions which was once its greatest strength.
The idea had seemed to win out against all the odds: that a government could uphold fundamental first principles of justice, liberty and the authority of the law while still responding realistically to changes in popular opinion and social conditions. This was a truly miraculous understanding of the relationship between morality and politics and, difficult as it might have been to manage, it seemed to deliver the life most people wanted.
It’s hard to believe but we might be witnessing the end of it.
– Janet Daly (£)
Adam Smith, the Scottish intellectual figure most famous for his Wealth of Nations (1776) book, would, I like to think, have been deeply unamused by the abominations coming from the Scottish Parliament in recent times. The Adam Smith Institute, the UK think tank bearing the great doctor’s name, writes the following article. I pray the indulgence of the reader, and ASI, in quoting the article in full. I hope that this appalling Scottish piece of legislation fails, that those who seek to enforce it are humiliated and mocked.
Three and a half years ago, the ASI published a position paper and draft law proposing a “UK Free Speech Act” which would, if enacted, forever remove the regulation of nonviolent political discussion from the remit of law enforcement in the United Kingdom.
The censorship provisions of the Hate Crime and Public Order (Scotland) Act 2021 (the “Hate Crime Act”), entering into force this week, are deeply offensive to freedom of expression, and the only way to stop them is to implicitly repeal these new rules with UK-wide protection for freedom of speech.
The Hate Crime Act contains three provisions in particular – “aggravation of offences by prejudice,” “racially aggravated harassment” and “stirring up hatred” – which are, at least as-described, descriptions of the sort of speech that most members of polite society would rightly oppose as a personal, moral matter.
However, if we look at the substance of the language employed by the new laws and its derivation from similar, viewpoint-neutral English rules – in the case of the stirring-up offence and the “racially aggravated harassment” offences, the “alarm or distress” language from the English Public Order Act 1986, and in the case of the stirring-up offence only, the historic “threatening, abusive, or insulting” language from that same law – we know that these rules have proven capable of extremely overbroad application in England, and these new rules will prove just as terrible, if not more so, if allowed to stand in Scotland.
The position, outlined in a 2020 paper for the ASI, and the applicable English legal rules, remains entirely unchanged. It suffices for present purposes to note that existing English laws, which are nowhere near as intrusive as the new Scottish ones, have already been used in England to, variously:
· threaten a schoolboy with prosecution for nonviolently holding up a sign calling the Church of Scientology a dangerous cult;
· arrest republican protestors in the vicinity of King Charles’ coronation for nonviolent picketing;
· convict a protestor for nonviolently saying David Cameron had “blood on his hands” for cutting disability benefit at an event where the then-PM was speaking;
· convict protestors against the war in Iraq for nonviolently expressing their points of view in front of soldiers of the British Army returning home from that war;
· arrest students for nonviolently saying “woof” to a dog;
· arrest a woman for nonviolently praying silently; and
· arrest a preacher for nonviolently reading from the Bible, in public, verbatim.
The existing rules should have been repealed years ago, but few UK lawyers, being unaccustomed to an American perspective on free speech jurisprudence and thus unable to see that the frog was starting to boil, seemed to notice very much as the English judiciary lost its way after issuing its landmark, pro-free speech decision of Redmond-Bate [1999] EWHC Admin 733. In a few short years, the English courts went from protecting controversial speech to routinely acquiescing to the criminalization of what, pre-1999 at least, would have been entirely lawful, if somewhat controversial, expression (see: Norwood v DPP [2003] EWHC 1564, Manchester Crown Court ex parte McCann [2002] UKHL 39 and Abdul v. DPP [2011] EWHC 247).
The provisions of Article 10 of the European Convention concerning freedom of expression, enshrined in domestic law by the UK Human Rights Act, are little better than window-dressing. They have been of no assistance whatsoever in protecting English speakers of controversial ideas since that law’s enactment; indeed, the Human Rights Act may have harmed the cause of free speech in the country by formalising the broad derogations from that right permitted under Article 10(2) which have been abused, time and again, to stifle discourse.
Put another way, our experience with the English rules, in particular the Public Order Act 1986 but also the Malicious Communications Act 1988, and Section 127 of the Communications Act 2003, is that their application, especially in the last 25 years, has been subjective, unpredictable, inconsistent, politically-motivated, sometimes capricious, and thoroughly chilling to speech.
The Scottish law turbocharges all of these problems by abandoning viewpoint-neutrality and expressly targeting “culture war” issues around questions of identity within the four corners of the statute. This is particularly the case when we look at the “aggravation of offences by prejudice” law, which states that age, disability, national or ethnic origin, sexual orientation, and transgender identity are all to be considered when sentencing people in Scotland for criminal offences.
The problem with this, of course, is that merely talking about these issues and causing offence is already capable of constituting a crime under the Public Order Act 1986, both in England and in Scotland, and the Public Order Act was being abused in both England and Scotland to suppress speech even before the Hate Crime Act entered into force.
Only last month transgender activists sought to have J.K. Rowling arrested there after English prosecutors declined to prosecute her for prior “gender critical” remarks. The Hate Crime Act now requires Scottish judges to take into account Rowling’s motivations when judging her speech, which we think would be fairly described as emanating from the identitarian, and therefore definitionally “prejudicial,” ideology known as second-wave feminism, and would require, in a Public Order Act 1986 prosecution for those feminist remarks, for a Scottish judge to consider a sentencing enhancement.
It makes no sense to criminalise these conversations. Indeed it makes sense to expressly legalise them, given that national politics seems, increasingly, to cluster around identity issues and, in a democratic society, require their open discussion in order for these disputes around the proper ordering of society to be satisfactorily resolved.
On the gender theory question, in particular, the debate seems to be between, on one side, critical theory-informed intersectional activists who seek to view all power relationships through the lens of what they call immutable characteristics, and on the other, we see a coalition of classical liberals and religiously-minded traditionalists from the usual suspects like the Catholic Church but also newly aggrieved groups such as traditionalist Muslim parents of schoolchildren. As the fact that the Prime Minister himself felt the need to chime in on these matters this week plainly evidences, identity issues, whether we like it or not, now sit squarely at the centre of contemporary UK political discourse.
We take no view on the merits of either “side” here, because taking a viewpoint does not matter and, in any case, is inadvisable, to the extent anyone here at the Institute plans on ever setting foot in Scotland again. This is because it is now quite unsafe, legally speaking, to take a vigorously-defended public position on these questions in Scotland from any perspective, as long as there is a hearer who is offended enough to file a police report against the hearer’s perceived political enemies, or calculating enough to pretend to be so offended.
To see how the Hate Crime Act potentially cuts in all directions, we need look no further than criminal complaints which have already been made under the new law. See, for example, the fact that Scottish First Minister Humza Yousaf, the law’s primary advocate and promoter, was immediately reported by the Indian Council of Scotland to the police for thoughtcrime contained in a speech he himself delivered in Scottish Parliament in 2023 as soon as the Hate Crime Act entered into force. Under the new regime, even the First Minister will need to take care not to express those same thoughts in the same manner again.
There are not many reasonable people who wish to live in a country where the first response to any political disagreement is to call for a speaker’s arrest. Nonviolent speech should never warrant a violent response. Yet, as was proven on day 1 of this new law, we already see that the Scottish law will be used, and is being used, to call down state-sanctioned violence, namely arrests and imprisonment, to suppress broad swathes of viewpoints from all political quarters.
To the few back-benchers who are engaged by this pertinent issue: This is the hill to die on. Rishi Sunak, the Prime Minister, has said he opposes the Scottish law.
Push the Prime Minister to back up that opposition with decisive action. Permanently abolish political censorship enforced at gunpoint. Enact the UK Free Speech Act.
So there you have it from the ASI. I endorse every word.
So too there is nothing in the New Testament that makes behaviour worse if it is directed against black people or gay people. Rather what is radically new about Christianity is that it treats all people as being essentially the same.
I can find nothing in Plato or Aristotle that says that a deed is worse if it is done against this type of person or that type of person, nor do I find this sort of idea in Augustine, Aquinas, Kant or Mill.
Ever single system of religious, moral or legal thinking that I can think of treats humanity as being morally equal. From this we get “all men are created equal” in the United States Declaration of Independence, which is one of the cornerstones of western thought.
So not only has the Scottish government destroyed the objectivity of the law, so too it has destroyed the idea that we are all equal before the law.
– Effie Deans
… here it is on BitChute, just in case they take the final step and delete it 😉
As a Scot who grew up in the 1970s in the drawing rooms of Edinburgh’s New Town, the architectural manifestation of the Scottish Enlightenment, I am truly appalled that the legacy of Aikenhead and the Scottish Enlightenment – a historical event far more relevant to the modern world than the War of Independence of the early 14th century that so enthrals the SNP and its activists, an event which put Scotland on the map of the world and one of which the nation can be rightly proud – has been trashed by the Scottish Parliament and the Yousaf Government. From April 1st 2024, saying the wrong thing at your own dinner table, let alone in a drunken pub rant like young Thomas did, will once again land you in significant trouble with the law, 327 years, eight months and 24 days after Thomas died.
Mr. Yousaf, his ministers and those who drafted and will enforce this law would do well to remember how history judged those who hanged Thomas Aikenhead on that bleak winter morning on the road to Leith. In doing so they should recall that this gross act of overreach and tyranny was the high tide of the power of the Kirk, power which was swept aside by the forces unleashed when the people said ‘enough’.
– C.J. Strachan
“Canada’s descent into tyranny is almost complete”, writes David Collins in the Telegraph.
Canadian Prime Minister Justin Trudeau is threatening his most tyrannical attack on freedom yet through his government’s proposed Online Harms Act (currently Bill C-63). Brought to you by the same farcically-named “Liberal” party who froze the bank accounts of the truckers who protested vaccine-mandates, the OHA is the government’s overzealous attempt to promote online safety.
The proposed legislation supposedly achieves this by requiring operators of social media services to adequately mitigate the risk that their users will be exposed to harmful content through measures such as publishing standards of online conduct, providing blocking tools and ways to flag and label harmful content. The OHA would create a Digital Safety Commission to administer and enforce its rules along with a Digital Safety Office to support social media users and advocate for online safety. These agencies can investigate complaints, summon people to testify in hearings and to produce records. Costs of all this will be paid by unspecified charges on social media platforms, presumably contemplating Canada’s planned Digital Services Tax on big tech platforms.
Most controversially, the OHA’s provisions on posting hateful content would require amendments to Canada’s Criminal Code as well as its Human Rights Act. While the victims of online “hate” may be comforted by tough new penalties, the changes are radical, particularly a new hate crime offence which can lead to life imprisonment. Worryingly, the criminal provisions of the OHA would give judges the ability to put people under house arrest because they might commit a hate crime in the future. The potential criminal could also be made to wear an electronic tag if the Attorney General requests it.
Emphasis added. The phrase “Canada’s descent into tyranny” comes across as hyperbole until you get to the bit about putting people under house arrest because they might commit a crime in future.
Matt Taibbi: “America enters the samizdat era”
It is a sobering description of how the world went from this:
Ten years ago PBS did a feature that quoted a Russian radio personality calling Samizdat the “precursor to the Internet.” Sadly this is no longer accurate. Even a decade ago Internet platforms were mechanical wonders brimming with anarchic energy whose ability to transport ideas to millions virally and across borders made episodes like the Arab Spring possible. Governments rightly trembled before the destabilizing potential of tools like Twitter, whose founders as recently as 2012 defiantly insisted they would remain “neutral” on content control, seeing themselves as the “free speech wing of the free speech party.”
to this:
The Internet, in other words, was being transformed from a system for exchanging forbidden or dissenting ideas, like Samizdat, to a system for imposing top-down control over information and narrative, a GozIzdat. Worse, while the Soviets had to rely on primitive surveillance technologies, like the mandatory registration of typewriters, the Internet offered breathtaking new surveillance capability, allowing authorities to detect thoughtcrime by algorithm and instantaneously disenfranchise those on the wrong side of the information paradigm, stripping them of the ability to raise money or conduct business or communicate at all.
(Hat tip: Instapundit. Like us at Samizdata, Glenn Reynolds has watched this change happen over the time he has been blogging.)
Starmer, we are told over and over again, is just ‘a normal bloke’ who likes to play football and wants Britain to be well run. He’s just a bland technocrat who rejects divisive ideological narratives in favour of sound government.
But, in truth, Keir Starmer and the people around him do have a radical vision of politics and our democracy. It’s a vision of a country where people who think and act like them are in power forever and where the populist revolts against the new elite which erupted over the last decade, through UKIP, Brexit, the Brexit Party, and then the reassertion of popular sovereignty in 2019, are made impossible.
Labour want to do this by taking political power away from elected governments and giving much more of it to an assortment of unelected civil servants, regional assemblies and spurious quangos.
– Matt Goodwin
“It is telling that Beijing and Hong Kong are more afraid of their own people than Hong Kong’s British colonial government ever was.”
– Wall Street Journal, editorial comment. ($)
“If I were prosecuting Mao, I’d further cover my bases by pointing out that he gave explicit orders to literally enslave hundreds of millions, then invoke the felony murder rule. However you slice it, Mao was a monster – and it’s high time for China to tear down his remaining posters and replace them with monuments to his victims.”
– Bryan Caplan, EconLog.
His article refers to a new study of the terrible famine, wrought by collectivisation of the Chinese economy. Communists tend to be very, very bad at farming. Property rights, incentives, etc – they just don’t get it.
Until such time as China takes a full, objective reckoning of the monster that Mao was, I don’t see much that is benign about that nation, even though this isn’t meant to be a sweeping statement about all Chinese people, of course.
“Jailed Russian opposition politician Alexei Navalny dead, says prison service”, reports the BBC.
August 2023 – Navalny’s sentence is increased to nine years after a conviction on new charges of embezzlement and contempt of court. An additional 19 years at a “special regime” facility are added on charges of extremism.
December 2023 – After going missing for two weeks, the opposition leader is located in a penal colony in the North Arctic.
February 2024 – Alexei Navalny dies in prison.
That is how Vladimir Putin treats his own people. It is a safe prediction that he will be as or more cruel to those Ukrainians who fall into his power. If he gets the chance, I would not put it past him to do as his exemplar Stalin did to the captured Poles at Katyn.
I have seen some strange commentary from both the left and the right regarding Tucker Carlson’s visit to Russia to interview Putin. For instance Mehdi Hasan and James Lindsay both seemed to think there was something wrong with Carlson observing that the Moscow subway is clean, orderly and free of aggressive drug addicts. The historian and journalist William Dalrymple reposted a tweet from Edward Luce of the Financial Times that blasted Carlton for interviewing Putin, but I remember Dalrymple gushing over the valuable insights gained by those who interviewed Osama Bin Laden:
Writers such as Robert Fisk and the former CNN journalist Peter Bergen, both of whom have interviewed Osama bin Laden, and scholars such as Gilles Kepel, Malise Ruthven and John L Esposito, have proved to be more reliable guides to what is going on in al-Qaeda than any number of Downing Streets dossiers or CIA briefing papers.
To that list should now be added the name of The Observer’s Middle East expert, Jason Burke. His new study, Al-Qaeda: Casting a Shadow of Terror is possibly the most reliable and perceptive guide yet published to the rise of militant Islam, the threat it poses and the best way to tackle it.
The more we know about how Putin thinks, the better the chances of defeating him and saving many lives, both Ukrainian and Russian.
‘Let me issue and control a nation’s money and I care not who writes the laws.’
-Mayer Rothschild
If you asked the man or woman on the street whether they think we should have a ‘national conversation about the future of money’, they would probably say something like: ‘Yes, we need to talk about how we can have more of it.’
The Bank of England, however, has a different discussion in mind. It seems to be growing ever fonder of the idea that we should have this ‘national conversation’. But what it wants to talk about is not increasing wealth; it is ‘the future of payments’ (code for introducing a Central Bank Digital Currency or CBDC, the ‘digital pound’). The Bank of England, you see, lives on a rather different country to the rest of us – one in which the pressing economic problems we face are not to do with inflation, interest rates, quantitative easing, or overleveraging, but to do with how we pay for things. In the version of Britain which it inhabits, we have the national bandwidth to devote major resources to the designing of a ‘future payments ecosystem’ so that the UK can ‘remain at the forefront of payments technology’, and we also need to do this as a matter of urgency.
– David McGrogan.
Read the whole thing.
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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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