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]

Last year’s official guidance is this year’s misinformation

“Coronavirus: Face masks could increase risk of infection, medical chief warns” reported the Independent on March 12 2020:

Members of the public could be putting themselves more at risk from contracting coronavirus by wearing face masks, one of England’s most senior doctors has warned.

Jenny Harries, deputy chief medical officer, said the masks could “actually trap the virus” and cause the person wearing it to breathe it in.

“For the average member of the public walking down a street, it is not a good idea” to wear a face mask in the hope of preventing infection, she added.

Sales of the masks have sky-rocketed since the Covid-19 outbreak began, with retailers including Boots and Amazon selling out of the products before the virus had even taken hold in the UK.

Asked about their effectiveness, Dr Harries told BBC News: “What tends to happen is people will have one mask. They won’t wear it all the time, they will take it off when they get home, they will put it down on a surface they haven’t cleaned.

“Or they will be out and they haven’t washed their hands, they will have a cup of coffee somewhere, they half hook it off, they wipe something over it.

“In fact, you can actually trap the virus in the mask and start breathing it in.”

Asked if people are putting themselves more at risk by wearing masks, Dr Harries added: “Because of these behavioural issues, people can adversely put themselves at more risk than less.”

I do not post this in order to mock Dr Harries. She made several reasonable points in the video. If she was nonetheless wrong about the overall effect of the population wearing masks, she was wrong in good company – that was medical orthodoxy at the time. I do not post this in order to advocate for or against wearing face masks. (I wear one when circumstances require, while seeking to avoid the behaviours that Dr Harries warned against.) I post it to show how dangerous it is to censor unorthodox views on medical issues. If would-be censors like the Guardian‘s George Monbiot had had his way, we would have banned all talk of mask-wearing in March 2020.

Samizdata quote of the day

I’m sorry, but if you didn’t object to the Metropolitan Police’s brutal tactics in dispersing anti-lockdown protestors in Trafalgar Square last September, you cannot condemn their employment of identical tactics last night. Either you defend the right to protest for everyone, or you defend it for no one. You cannot just get worked up about it when it affects those whose cause you approve of.

Toby Young

The Hate Crime (Scotland) Bill is due to pass tonight

In the (Glasgow) Herald, Scottish Justice Secretary Humza Yousaf writes,

New Hate Crime Bill extends protection of people

Odd headline. Make that some people.

This week Parliament will consider further amendments to the Hate Crime Bill before a final vote on our proposed reforms

By “Parliament” Mr Yousaf means the one with him in it, i.e. the Scottish Parliament. The SNP love this rhetorical trick of pretending the Scottish Parliament is the only one of any relevance to Scotland. Wishing this to be so is a perfectly legitimate goal, but pretending it is already so is premature. Of course all the Scottish people have to do to ensure that the Parliament with Mr Yousaf in it becomes the sole decider of what laws they live under is carry on voting for Mr Yousaf’s party in the numbers they now do.

The new Bill will modernise and consolidate hate crime law and provide clarity. It brings together various piecemeal additions and changes to the law made over time, while also recognising the need to clamp down further on this all too pervasive, damaging behaviour.

As a person of colour the law has protected me, for the last 35 years, from anyone stirring up hatred against me due to my race.

The law cannot have done a very good job of protection, given that he said in the previous paragraph that hate crime was “pervasive”, and that he complains a few paras down about all the hate he receives.

This Bill now extends that protection to people in relation to their age, disability, religion, sexual orientation, transgender identity or variation of sex characteristics (previously known as intersex).

The legislation has come a long way. As Parliament has been considering the detail of the Bill the Government has listened – making changes and reflecting on concerns to improve a piece of powerful legislation that I believe is fitting of the Scotland we live in.

That being the Scotland where race hate crime is pervasive.

Robust Parliamentary scrutiny has been essential to the process.

Concerns over the impact that stirring up hatred offences could have on freedom of expression were raised. And these have been listened to and are being acting upon. We have made a number of significant changes already, including ensuring that any successful prosecution for the new offences must prove that the person intended to stir up hatred. We have also inserted a “reasonable person test” to clarify that when determining if behaviour is “threatening or abusive” an objective test is applied.

By “we” Mr Yousaf means that the SNP reluctantly accepted one amendment from the Scottish Conservative MSP Adam Tomkins. That link takes you to a Guardian article that also notes that “Tomkins and fellow Conservative Liam Kerr failed to secure an amendment that they argued would protect disagreements, for example, at the family dinner table.”

Mr Yousaf continues,

The Justice Committee has offered critical scrutiny and recently held constructive discussions on a freedom of expression clause that would further protect everyone’s right to freedom of speech.

You don’t say whether these discussions led to any action, Mr Yousaf. Hint: they didn’t. His only reason for cooing about how constructive the discussions were is to conceal the fact that the this clause that would theoretically further protect everyone’s right to freedom of speech was not actually constructed, just talked about.

I am confident that our proposed amendment on this now strikes the right balance between protecting groups targeted by hate crime and respecting people’s rights to free speech.

A number of national Women’s Organisations, such as Scottish Women’s Aid, Engender and Rape Crisis Scotland have raised concerns over the inclusion of a Sex Aggravator.

I’m not surprised. They should never have let a Sex Aggravator sit on a parliamentary committee. → Continue reading: The Hate Crime (Scotland) Bill is due to pass tonight

Discussion point

In your experience, dear readers, has any comment you have seen in media, whether mainstream or alternative, that refers to “neo-liberal”, “the one per cent” or “globalisation” accurately described free enterprise, the case for free trade and the advantages of severally-owned property? Because in my experience such terms almost always suggest that the metacontext (a trademarked term of this parish) of the commentator/writer is collectivist/statist to some degree. As an example, I came across someone describing today’s UK as being governed by “neoliberalism”, and was not in the least put off by my pointing out that the State now grabs almost half of UK GDP and regulates a goodly portion of the rest of it.

Here is an article from six years ago from the Institute of Economic Affairs that challenges the idea that there is much that is very “neo-liberal” about today’s UK.

The Pontins blacklist

“Secret Pontins blacklist prevented people with Irish surnames from booking”, reports the Guardian.

For the benefit of readers not from either the UK or Ireland, Pontins is a company that runs holiday camps, and 90% of British or Irish adults who read that headline understood without reading another word that it was not the Irish in general that Pontins wanted to blacklist, it was Irish Travellers. (The Travellers, or Mincéiri as the current term is, are a separate ethnic group to the Gypsies or Romani but are often grouped together due to their similar way of life.) Reports of this incident from several sources, such as this later Guardian article by Séamas O’Reilly that I saw after most of this post had been written, confirm that people with those names were not banned from Pontins outright, it was rather that Pontins staff were told to check their addresses against the postcodes of Traveller sites before allowing them entry.

The Guardian continues,

Outrage over anti-Traveller list of ‘undesirable guests’ that was sent to booking operators

A blacklist circulated by the holiday park operator Pontins telling its staff not to book accommodation for people with Irish surnames has been described as “completely unacceptable” by Downing Street.

The list of “undesirable guests” was sent to booking operators, who were told: “We do not want these guests on our parks.” It said: “Please watch out for the following names for ANY future bookings.”

The list, which included names such as Carney, Boylan, McGuinness and O’Mahoney, was an example of “anti-Traveller discrimination”, a spokesperson for Boris Johnson said. The document had a picture of a wizard holding up a wand and staff declaring: “You shall not pass.”

The Guardian did not open comments for that story. As I said in 2011, that is because it knows perfectly well that Guardian readers hate gypsies and travellers.

However the Times did allow readers to comment on its report of the same events, “Pontins had blacklist of Irish surnames”. The comments, as I knew they would, consisted almost entirely of personal accounts of being the victims of theft, violence and intimidation at the hands of Travellers. This outpouring reminded me of something, but I could not put my finger on what. Then it came to me: the #MeToo movement. That came about when women compared notes about their bad treatment by predatory men. Exchanging their “Me, Too” experiences gave these women the knowledge that they were not alone and brought forth a demand that men in general should examine and change their behavioural norms. The #MeToo movement for women was celebrated by modern society, even when it degenerated into condemning men as a group without trial or investigation. Take note of both halves of that sentence. To forbid people to speak of their bitterness only embitters them more. But the historical record of “Speak Bitterness” movements should terrify anyone who cares about justice.

One of the most highly recommended comments to the Times article came from Patrick Joseph Maloney, who said,

As an Irishman with a name that might have made the list, I sympathise with companies that have to walk this tightrope of exclusion and inclusion.

Not all Irish Travellers are guilty of bad behaviour but a sufficiently large enough minority are.

I understand that the Chinese government recently introduced classes for their tourists on how to behave abroad?

Perhaps Traveller rights groups might consider similar moves as an alternative to simply waving the race and discrimination card? The problem is not one of race….. but behaviour.

The government says it wants to end prejudice against Travellers and passes laws to forbid discrimination against them. Mr Maloney’s comment illustrates how spectacularly that effort to bring about goodwill by law has failed.

Some readers, particularly those new to libertarian ideas, will find it hard to believe that anyone could have any other motive than hatred of Travellers for saying that it would be better for all parties, including the Travellers themselves, if there were no such laws. I can only beg such readers to ask themselves if our current policy is working. People who have done nothing wrong being turned away merely for appearing to belong to a certain ethnic group is clearly unjust. But that is not a description of the bad old days before the Race Relations Act 1965 and the many anti-discrimination laws that followed, it is a description of life in Britain in 2021 with all the laws in place. All that has been achieved by more than half a century of ever-increasing punishments and social pressure is to ensure that these days the “undesirables” are usually excluded by means of a nod and a wink. Whichever Pontins employee wrote that list was unusually careless to put it on paper. But the fact that they did put it on paper, complete with jokey reference to The Lord of the Rings, shows how accepted anti-Traveller hostility is. You don’t put Gandalf clip art on top of an announcement that is likely to be met with outrage. The writer assumed that the staff would accept what he or she saw as the obvious need to keep Travellers out. Evidently most of them did accept it: the blacklist operated for quite some time before someone blew the whistle. I do not consider it wicked to ask what experiences brought the Pontins staff to this state of mind. I assume that there was an implied “after what happened last time” there.

Open prejudice is less cruel than secret prejudice. The sign in the boarding-house window saying “No blacks, No Irish” can be argued against. The quiet word to a member of staff about those people cannot be. A company that openly refuses the custom of members of certain groups purely on account of their race can be challenged – and they lose the custom. But turn them away with a smile and a lie and it can go on forever.

For some, that outcome is fine. What they object to in the anti-racism laws is not that the laws make racism worse but the laws put them to the inconvenience of having to lie. To be clear I object to these laws in principle (people should be free to associate with whom they please) and because I want to see a world where people are judged on what they have done as individuals, not on what someone else with the same surname did. True, there is evidence that the crime rate among Travellers is statistically high, and it is no more wrong to suggest that they need to ask themselves what they should do to change those parts of their subculture that are harmful than it is to urge that males or whites should do the same. But before you condemn the Travellers as a group remember that, like all of us, they have been moulded by their history. Ach, why repeat myself? I said it in my post of 2011 as well as I ever will:

“Welfare” has continued its steady work of ruin. I read a very fine article in the Telegraph about a decade ago which I cannot now find. It described with sadness rather than hostility how, although gypsies had lived half outside the law since time immemorial, there had at one time been countervailing incentives to build relationships of trust with settled people. The gypsies had regular circuits and seasonal work. They needed pitches, employment and customers. They needed people to remember them from last time as good workers and fair dealers. Welfare has eroded that, and their former means of making a living have gone the way of the cart horse and the tin bucket. Nor is the difficulty just that technology has moved on, it is also that the bureaucratic net of form-filling and taxes has tightened so that the casual jobs they once could do within the law must now be done outside it. As in the drugs trade, in illegal trade in labour where there can be no redress for swindling on either side, such swindling is commonplace.

In that post I also said much more hated Travellers and Gypsies had become in my village since I first came to live there. Since then it has only got worse. But, as I also said back then, “I really don’t think it is the gypsies themselves who have changed so much. What has changed in the last few years is that they have become a state-protected group. God help them. State protection is better than state persecution as cancer is better than a knife in the ribs.”

Nine years later the cancer is further advanced. For all that, I do not think it is incurable. Human nature is immutable, but laws are not. For now reversing the spread of “equalities” legislation seems politically impossible, but as the years go by and ever-multiplying laws against hate never seem to reduce it, people of goodwill will start to wonder if it might be time to try another strategy.

Lord Sumption – mass civil disobedience has begun

Lord Sumption: Our status as a free society doesn’t actually depend on our laws or our constitution, it depends on convention. It depends on a collective instinct as to the right way to behave. There are many things governments can do which it is generally accepted they should not do. And one of them, until last March, was to lock up healthy people in their homes.

Interviewer: So, do you think we have taken an irreversible step towards being more Chinese, more dirigiste?

Lord Sumption: I very much fear that we have

– From an Unherd interview titled: Lord Sumption: mass civil disobedience has begun

I do not agree with Sumption on every point by any means but this interview is well worth your time.

Eureka!

In 2012 scientists found the Higgs Boson. In 2015, after fifty years of trying, they finally found gravitational waves.

In 2021…

Leave camp turned Brexit into a religion to capture votes, study finds

Vote Leave turned Brexit into its own religion to capture supporters, a recent study by the universities of Birmingham and Warwick has found.

Researchers said slogans such as “take back control” used the NHS as the country’s Holy Grail that could be rescued from European forces threatened by Britain’s unique historical place in the world.

They also said Brexiteers focused on secular theological concepts such as sovereignty and nation to engage voters.

A study found it. It is Science.

The “differend” is not just a difference of opinion

Perhaps the most stark form of differend lies in what philosophical logicians call ‘The Fallacy of Many Questions’. When, in the court dock for instance, a wily prosecutor asks a witness for the defence, “And do you still have a drink problem, sir?”, the witness had better be on his toes to avoid confirming the prosecutor’s implied allegation. If he answers “yes” – well, the game is over. If he answers “no”, then he implies, at least, that he has had a drink problem. One hopes that a good judge would overrule this question, on grounds of its leading the witness – that is to say, leading him without his knowing it to confirm some version of the drink-problem narrative, the framework of the question having excluded the option that there neither is nor ever was a problem with alcohol consumption.

Owen Jones’s ‘Denier’ allegation commits a similar fallacy: either Sikora, Gupta et al. do not deny ‘Covid’; or they do deny ‘Covid,’ in which case they are cast in the role of refusing to accept that Britons have this year died in their thousands. The option of accepting that there have been deaths but rejecting that they have been extraordinarily due to a ‘Covid pandemic’ is taken out of play.

Sinéad Murphy discussing An Incredible Berk of Staggering Ignorance.

The “differend” is not just a difference of opinion, it is a disconnect between fundamentally different world views. This is a discussion about what in these parts we refer to as “meta-context”, the unspoken & largely unexamined axioms that underpin how people understand everything.

Well in that case…

When I read this zinger:

“It is absolutely clear that climate change is a threat to our collective security and the security of our nations,” said British Prime Minister Boris Johnson, who presided over the meeting.

I thought it was perhaps the most succinct summation of why (1) the ‘Conservative’ Party should be prosecuted under the Trade Descriptions Act (2) I will never vote for them again.

It is bizarre to think we can thank Russia (an enemy state run by gangsters) and India for providing the voice of sanity.

We don’t need state planning to recover from the bug – we need the opposite

“Though you can’t move for pundits and politicians demanding more public spending, the big lesson of the postwar recoveries is that with robust consumer and investor confidence there is negligible need for government stimulus. History, not abstract theory, shows that the best way to boost growth after a ‘wartime’ period such as the pandemic is for the state to take a step back. This is particularly true with unemployment, which is undoubtedly a top priority, given the millions who have been furloughed or laid off in the last year. There will be countless calls for schemes and subsidies to support various groups. But we should take our cue here from post-war America, where household spending and private investment were the key ingredients for getting people back into work. Ministers should also be hard-headed about withdrawing support from companies which are no longer viable, especially once restrictions are removed. Overall, the lesson of the postwar recoveries is a simple one: with robust consumer and investor confidence, there is negligible need for government stimulus. The best way to repair the damage is not through schemes, subsidies and special treatment, but by getting out of the way and giving markets the flexibility they need.”

Jethro Elsden

We are going to get a lot of folk claiming that recovering from COVID-19 justifies a bigger state. We see this sort of commentary from the likes of former UK policy advisor Nick Timothy, who constantly talks about how Tory MPs must shed their suspicion of “industrial strategy” (translation: getting politicians and bureaucrats to support sectors they favour and predict what will be hot and what will not). Given the UK’s sorry history in this regard, it is hard to have to summon breath to point to the foolishness of this.

How dare they not want to be rescued

Two days ago the BBC reported that the Supreme Court had ruled that Uber drivers are workers rather than being self-employed.

With what glad hosannas did the drivers greet the news of their liberation!

Er, no. As Sam Dumitriu writes in CapX,

Putting questions of legality to one side, it’s clear Uber’s business model works for drivers. If you don’t believe me, just ask them. Countless surveys have found that the majority of Uber drivers are happy with the status quo and would not sacrifice flexibility for greater security.

A survey carried out by Oxford University academics Carl Benedikt Frey and Thor Berger, in partnership with Uber, found that drivers reported higher levels of life satisfaction compared to other London workers, despite on average earning less. And, counter to the conventional wisdom, drivers typically worked full-time in other jobs before choosing to shift to Uber. Furthermore, more than four-fifths of drivers agreed with the statement: ‘Being able to choose my own hours is more important than having holiday pay and a guaranteed minimum wage’. They found that drivers would accept a move to fixed hours – but only if it came with a 25% pay rise.

Perhaps they had looked across the Atlantic and seen the results of California’s attempt to save gig economy workers from working in the gig economy:

In Uber’s home state of California, 70% of drivers backed Proposition 22, a ballot measure that created a carve-out for ridesharing services from the state’s tough laws on freelance work. The measure passed with 59% of the vote in November.

AB 5, the freelancer law which Prop 22 was responding to highlights how interventions designed to solve a problem in one market can have unintended consequences in others.

When it passed, Vox published an article: “Gig workers’ win in California is a victory for workers everywhere”. A month later they published another article: “Freelance journalists are mad about a new California law. Here’s what’s missing from the debate. The alternative to AB5 would be worse”. Two months later, Vox Media itself cut hundreds of freelance writing jobs in California.

The dangers of playing Call of Duty Warcraft on the internets

Significantly, the rapidly growing UK white-nationalist group Patriotic Alternative is actively targeting younger recruits and recently started Call of Duty Warcraft gaming tournaments for its supporters.

This warning comes from an article by Mark Townsend in the Guardian‘s Sunday sister, the Observer, with the title “How far right uses video games and tech to lure and radicalise teenage recruits”.