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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“Little by little, the Government is seizing control of our great universities”, writes James Tooley in the Telegraph.
Fifty years ago this week, Lord Hailsham laid the foundation stone for the University of Buckingham. Even back in the 1970s, eminent scholars feared the increasing encroachment of the state on higher education, with deleterious consequences for academic freedom if it was allowed to continue. If a university could be created that did not receive government funding, they argued, then it could escape the need for state regulations. Buckingham was born as a beacon for independence, a bastion of free speech and freedom of thought.
Fast forward 50 years. Our founders would be shocked to see the all-encompassing regulations emerging from the Office for Students (OfS), the higher education regulator in England which took over university regulation in 2018. There are 25 sets of regulations covering an enormous range of topics, including its current major foci, equality of opportunity and quality.
Thank goodness that the University of Buckingham is exempt from this interference! Wait a minute, it’s not:
A private university like Buckingham, which doesn’t receive any direct government funding, has to satisfy all but three of these 25 sets of regulations – known as “Conditions of Registration” – even though ostensibly the regulations are to ensure taxpayer value for money. If a university is found to be in breach of any of these conditions, then the OfS has a variety of sanctions at its disposal, including removal of a university’s title and status, even if these were awarded through a venerable Royal Charter.
Take a look around you (you don’t have to live in the UK to play this trick, of course): does it strike you that you live in a country in which ‘freedom of speech, assembly, religion, privacy and much more’ are guaranteed? And does it strike you that those freedoms – ‘and much more’ – have been given greater protection since 1998, or less? It strikes me rather that they are becoming ever more contingent, and ever more subject to suspicion. And this is absolutely no accident; it is in part because when the HRA came into effect in the UK, it ushered in the notion that most rights are ‘qualified’ rather than absolute, meaning that that they can be constrained where ‘proportionate’ to the achievement of some legitimate aim of government. The result of this is that rights such as those to freedom of speech or assembly, which were once more or less absolute in the UK except where subject to clear constraint in the form of statutory or common law rules, are now in large part dependent on the whims of judges’ determinations about whether or not interference with the right in question would be legitimate and proportionate. (This is often framed, with respect to freedom of speech, around the rubric of what would be ‘acceptable in a democratic society’ to say – in the eyes, of course, of the judge.)
In summary, then, the idea that human rights law is a body of rules which are necessary to constrain the State, and that the ECHR and its incorporation into UK law by the HRA represented a new era of increased ‘dignity and respect’, is simply not true. What is rather true is that law will tend to follow politics, and indeed will be bent to serve political interests – and human rights law is no different.
– David McGrogan
Reading this Samizdata quote of the day got me thinking about why devolution in the UK has been a general disappointment and source of endless annoyance.
I remember when arguments were originally made for devolution, commentators would claim that devolution would work in the same way that the federal structure of the US works, or, for that matter, how the cantonal system works in Switzerland. By which they meant that if a state such as Zug in Switzerland or Wisconsin in the US tried a specific policy (encouraging cryptos, or enacting Workfare, to take two actual examples), that the perceived success or failure of these policies would be studied by other cantons and states. Hence the idea that devolution allows a sort of “laboratory experiment” of policy to take place. It creates a virtuous kind of competition. That’s the theory.
What seems to have happened is that since devolution in the UK, Scotland, Wales and to some extent, Northern Ireland, have competed with England in who can be the most statist, authoritarian and in general, be the biggest set of fools. Whether it is 20 mph speed limits spreading to many places and harsh lockdowns (Wales) or minimum pricing on booze and “snitching” on your own family for views about gender (Scotland), the Celtic fringe appears to be more interested in being more oppressive, rather than less. I cannot think of a single issue in which the devolved governments of the UK have been more liberal, and more respectful, of liberty under the rule of law. (Feel free to suggest where I am mistaken.)
One possible problem is that because the UK’s overall government holds considerable budgetary power, the devolved bits of the UK don’t face the consequences of feckless policy to the extent necessary to improve behaviour.
Even so, I don’t entirely know why the Scots and Welsh have taken this turn and I resist the temptation to engage in armchair culture guessing about why they tend to be more collectivist at present. It was not always thus. Wales has been a bastion of a kind of liberalism, fused to a certain degree with non-conformity in religion, and Scotland had both the non-conformist thing, and the whole “enlightment” (Smith, Hume, Ferguson, etc) element. At some point, however, that appears to have stopped. Wales became a hotbed of socialism in the 20th century, in part due to the rise of organised labour in heavy industry, and then the whole folklore – much of it sentimental bullshit – about the great achievements in healthcare of Nye Bevan. Scotland had its version of this, plus the resentments about Mrs Thatcher and the decline of Scotland as a manufacturing power.
I like visiting Wales – I went to Anglesey last weekend and loved it – and the same goes for Scotland. I can only go on personal observations in saying that I enjoy my trips there, and I have some family links to Scotland on my mother’s side. (My wife has some links to Wales.). But for whatever reason, the political culture of both places is, to varying degrees, absolutely horrible.
Maybe the “test lab” force of devolution will play a part in demonstrating that, as and when we get a Labour government for the whole of the UK, it will be a shitshow on a scale to put what has happened in the Celtic parts of the UK in the shade.
That’s why I hate “devolution” and wish that a Conservative government had had the balls to roll it back. But I might as well want a pet unicorn as hope for any vision from a Conservative politician. All we get is a smoking ban and compulsory maths till 18. That’s Rishi Sunak’s Big Plan.
– JohnK
This is not a quote about life under a Communist or Fascist regime. It is about life in Exeter University in 2018.
I heard about this story from an article by Sanchez Manning in the Mail on Sunday:
A philosophy student overheard through the wall of his room saying ‘veganism is wrong’ and ‘gender fluidity is stupid’ was threatened with expulsion by his university, The Mail on Sunday can reveal.
Robert Ivinson said he was disciplined after a student next door in halls of residence at Exeter University heard the comments then complained he had been offensive and ‘transphobic’.
Mr Ivinson, who expressed the views in a phone call to a friend, was hauled before university officials and put on a ‘behavioural contract’ for the rest of his studies.
This video made by the Committee for Academic Freedom shows Robert Ivinson giving his own account of what happened.
Mr Ivinson acknowledges that a legitimate part of the complaint against him was that he was speaking too loudly in the phone call in question so that noise was coming through the wall. However he says that the university hearing refused to separate the issues of him making too much noise and what he said in a private conversation being deemed offensive.
Though Mr Ivinson appears perfectly reasonable, indeed likeable, in his video, I would like to believe that there is something missing from his account – because I do not want to believe that a British university can have fallen so far from what a university is meant to be. The Mail on Sunday article says “Exeter University was approached for comment but did not respond.” I shall be most interested to see what the University’s response turns out to be.
Andy Wightman describes himself as a vegan who drives an electric car, does not fly, and lives much of the time off-grid using solar power and wood fuel. In this article in the Scottish current affairs magazine Holyrood, bearing the title “Why the ‘ban’ on wood-burning stoves ignores the needs of rural Scotland”, he writes,
Since 1 April, it is no longer permissible to install a direct-emission heating system (one which produces more than a negligible level of greenhouse-gas emissions) in a new-build house or conversion. This is a ban on oil, coal, gas and wood-based heating systems.
But in response to a fair degree of upset from across rural Scotland in recent weeks at this apparent ban – however partial – on wood-burning stoves, ministers were at pains to point out that this was not, in fact, a ban. Why?
Because, according to the Scottish Government, they can still be installed in new homes to provide emergency heating. The government claims that this concession “recognises the unique needs of Scotland’s rural communities”. The problem with this sophistry is that the Building (Scotland) Amendment Regulations 2023 define emergency heating as an installation to be used only in the event of the failure of the main heating system.
So people can install wood-burning stoves at a cost of anything between £5,000 and £10,000 to be used for a few days per year and, therefore, it’s not a ban.
He then discusses some of the reasons why even very environmentally conscious people who live in the remoter areas of Scotland might want to heat their houses using wood-burning stoves, and continues,
It is, in fact, how I want to heat a house I am in the process of building myself. After a lot of careful consideration, I decided to install a log-gasification boiler as the main heating system. Such boilers are more than 90 per cent efficient, they feed a very large accumulator tank of hot water, and only need to be fired up every two to four days.
The wood will come from thinning from a forest that I manage locally, cut with a solar-powered chainsaw. There is no market for this kind of low-quality timber from small woods. If I cannot use it for heat, it will lie and rot – and produce carbon emissions – on the forest floor. The fuel wood will emit two per cent of the carbon being absorbed annually by the forest from which it is sourced.
The house design is rated B for energy efficiency (falling short of A by only two points) and is rated A for carbon emissions. I have planning consent and I even have a grant and loan offer from the Scottish Government to install the boiler.
Due to technical issues, however, I have yet to submit the final application for a building warrant. This will now as a matter of law be refused and I will incur the expense of revising the planning permission, commissioning new engineering assessments, and preparing a revised building-warrant application. I will also need to reject the grant and loan offer.
If you live in Edinburgh or Glasgow, however, you can still install a wood-burning stove even where you don’t need one and even when it contributes to significant levels of particulate matter pollution. In rural Scotland, you can live in or near a forest, perhaps off grid, but you are not allowed to use what is still a renewable low-carbon fuel when appropriately sourced and combusted.
Courtesy of the Telegraph, here is the video of a policeman warning a man that being “openly Jewish” in the vicinity of pro-Palestinians was “antagonising”. The Daily Mail has a pretty good account of the affair here.
I can feel a smidgen of sympathy for the cop. It was, as the Metropolitan Police say in their apology for the wording of their previous apology, a “hugely regrettable” choice of words, and typical of the abandonment of policing without fear or favour when it comes to Muslims, whom they fear and favour, but people talking under stress often do use words they later regret.
I feel no such sympathy for Assistant Commissioner Matt Twist, the person wrote the first apology. He was not on the street trying to think on his feet while being shouted at. He was sitting in an office with time to choose his words. The words he chose were these.
The video posted by the Campaign Against Antisemitism will further dent the confidence of many Jewish Londoners which is the opposite of what any of us want.
Bad Campaign Against Antisemitism for posting the video that dented the confidence of many Jewish Londoners by making them aware of something that actually happened!
Assistant Commissioner Twist continues,
The use of the term “openly Jewish” by one of our officers is hugely regrettable. It is absolutely not the basis on which we make decisions, it was a poor choice of words and while not intended, we know it will have caused offence to many. We apologise.
The issues at the heart of these protests are complex, contentious and polarising. When the challenges of public order policing are layered on top it becomes a very difficult environment for frontline officers to work in.
In recent weeks we’ve seen a new trend emerge, with those opposed to the main protests appearing along the route to express their views. The fact that those who do this often film themselves while doing so suggests they must know that their presence is provocative, that they’re inviting a response and that they’re increasing the likelihood of an altercation.
Consider those words “their presence is provocative, that they’re inviting a response”. What do they teach at Hendon Police College nowadays? Because three decades of universal condemnation of the phrase “she was asking for it” and the mindset behind it have clearly had no effect.
They are also making it much more likely officers will intervene. They don’t do so to stifle free speech or to limit the right to protest, but to keep opposing groups apart, to prevent disorder and keep the public – including all those taking part in or opposing the protest – safe. That is, after all, our primary role.
It is up to us to review these interventions and to determine whether we are getting the balance right, adapting our approach as we do so and making sure officers are supported to make the right decisions using all the powers available to the. We will continue to do so following this most recent protest and ahead of future events.
Assistant Commissioner Matt Twist.
The result is that American public debate has shifted in a way that has taken America’s allies – and many Americans themselves – by surprise. The public takes peace for granted. “To some extent we are paying the price for our own success. In several generations now we have not had to deal with certain types of situations, or only very narrow slices of generations have had to deal with them since we’ve eliminated the draft. And so increasingly America is just in a very different place psychologically,” says Dr Haass.
In other words, Trumpism will not die with Trump, argues Mr Arnold, and betting British security on 300,000 swing voters every four years is not a viable long term policy.
“Trump is unpredictable. As military people say, hope cannot be part of the strategy. We have to understand there is a risk and we need to be ready for this risk,” says Mr Zagorodnyuk.
“And as such we need to understand what we are going to do to be self-sufficient. And it is actually possible. It is difficult but it is possible, especially with this massive technical transformation of the landscape of the world.”
– Roland Oliphant
When I saw the headline of this article in the Independent, “Sending climate protesters to prison shows the law is an ass”, which you can also read on MSN here, I put the ignition key in the snark machine.
I read the strapline “A pensioner is facing two years in jail for holding a placard outside a court. It is a worrying case that casts a shadow over our jury system of justice”, said, “Yeah, right”, and turned the key.
I saw that it was by Alan Rusbridger, former editor of the Guardian, and powered up the mighty engines.
I read the following, “Trudi Warner is, in many ways, an unlikely rebel. The 69-year-old former child mental health social worker is, in her retirement, a keen organic grower, and last year spent part of the year looking after sheep on the Isle of Eigg” and, toes twitching with anticipation, moved my foot over the go-pedal. Far from being an “unlikely rebel” Trudi Warner is as conventional a rebel as ever picked a caterpillar off an organic lettuce and took it out to start a new life in the garden. I was about to push the pedal to the metal when…
I realised that Alan Rushbridger was right.
I had been waiting for the half-line in the eleventh paragraph where this “lovable pensioner” was revealed to have harassed travellers or vandalised a work of art. It never came. Trudi Warner really is being prosecuted solely for standing outside a court and holding up a placard saying,
JURORS
YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT ACCORDING TO YOUR CONSCIENCE
That’s it. That’s all she did; hold up that placard near a courtroom. And as Mr Rushbridger says, the statement on her placard correctly states a precedent that goes back to a famous case of 1670, in which a jury stubbornly refused to convict two Quaker preachers of preaching to an unlawful assembly despite being imprisoned for two days without food.
One may or may not agree with Trudi Warner’s opinions on the “climate crisis” (I do not), but it is bizarre that reminding jurors of what was once a revered legal principle should become a crime merely because the reminder took place near a courtroom, the very place where such a reminder is most necessary.
Since a reminder evidently is necessary to the legal authorities, here is a picture of the plaque in the Old Bailey commemorating that case:
Photo credit: Paul Clarke, Wikimedia Commons
The plaque says,
Near this Site WILLIAM PENN and WILLIAM MEAD were tried in 1670 for preaching to an unlawful assembly in Grace Church Street This tablet Commemorates The courage and endurance of the Jury Thos Vere, Edward Bushell and ten others who refused to give a verdict against them, although locked up without food for two nights, and were fined for their final verdict of Not Guilty The case of these Jurymen was reviewed on a writ of Habeas Corpus and Chief Justice Vaughan delivered the opinion of the Court which established The Right of Juries to give their Verdict according to their Convictions
“Only one in four British Muslims believe Hamas committed murder and rape in Israel, report reveals”, reports the Telegraph.
Only one in four British Muslims believe that Hamas committed murder and rape in Israel on Oct 7, a major report has found.
46 per cent of British Muslims said they sympathise with Hamas, according to a poll commissioned by the Henry Jackson Society (HJS), a counter-extremism think-tank.
Later in the article Fiyaz Mughal, who has done as much as anyone alive to work against Muslim extremism, is quoted as saying, “The Government has got to provide better guidance for teachers, schools and education establishments.” He is not wrong as far as it goes but I don’t think sending even a really super government guidance circular to education establishments is going to be much help now:
Younger and well-educated Muslims were the most likely to think Hamas did not commit atrocities on Oct 7, with the proportions rising to 47 per cent among 18 to 24-year-olds and 40 per cent among the university-educated.
*
An Excel table giving the full results of the polling carried out by J.L. Partners for the Henry Jackson Society can be downloaded from this link. Two polls were conducted, one of British Muslims over the period 14th February – 12th March 2024 and one of the British public in general over 4th – 6th March 2024.
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 (£)
This [Tory] weakness and mealy-mouthed reluctance to hit back at legislation that Rowling has described as ‘ludicrous’ and many believe is the most dangerous threat to free speech ever enacted in the UK, is as puzzling as it is maddening. There is surely a great opportunity here for the Scottish Conservatives, if only they could grasp it. The Tories should be at the forefront of the opposition, not loitering in the shadows. And some sort of clear and robust opposition is desperately needed. No one yet knows what the immediate or long-term effects of the Act will be, but the options appear to be bad, awful and downright terrifying. While the police have now said they will not prosecute Rowling following a deluge of complaints against her, they will certainly have a much-expanded workload for years to come. That means they will likely have to give up on even more of the common variety of crime. And they only recently declared that they would not be investigating allegations of wrongdoing without leads or CCTV footage available.
– Philip Patrick
Maybe the Tories think they can outsource civil liberties protection to the writer of children’s books and a comedian. Perhaps it is for the best.
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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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