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]

Samizdata quote of the day – loss of belief in freedom edition

“…you can’t long remain a free society if you don’t believe in freedom. And it’s no good just saying you believe in it: you have to live it. Sometimes that means politicians deciding ‘we would rather live with this injustice or this social problem than expand the state to deal with it.’ When was the last time you heard anyone say that? And that’s the problem.”

David Frost, Daily Telegraph (£)

Samizdata quote of the day – the WHO’s plan for public-health tyranny

Particularly troubling are the provisions that commit WHO member states to developing behavioural-science measures (a euphemism for ‘nudge’ tactics and propaganda) and countering ‘misinformation and disinformation’ (meaning increased censorship). Given the extent of state-led propaganda and censorship during the last pandemic, would it not be more appropriate to strengthen protections for scientific debate and free speech instead?

Molly Kingsley

Crushing forgiveness

This is the most repulsive, counter-productive advertisement I have ever seen:

But it is still less sinister and arrogant than this:

Pssst, wanna used car?

Some good stuff in the Telegraph today. “The electric car carnage has only just begun”, writes Matthew Lynn.

As with so much of the legislation passed during the last five years, setting a quota for the percentage of EVs companies had to sell probably seemed like a good idea at the time. Manufacturers now have to ensure that 22pc of the cars they shift off the forecourt are battery powered, rising steadily to 80pc by the end of this decade, and 100pc by 2035. If they don’t hit their quota, the senior executives will get ten years hard labour in Siberia (well, actually it is a fine of up to £15,000 per vehicle, but it nonetheless feels extremely draconian). Like Soviet planners in the 1950s, the architects of this legislation presumably assumed that all you had to do was set a target and everything would fall into place.

The trouble is, quotas don’t work any better in Britain than they did in communist Russia. EVs have some serious problems: the range is not good enough, we have not built enough charging points to power them, the repair bills are expensive, the insurance ruinous, and second hand prices are plummeting. Once all raw materials and transport costs are factored in, they may not be much better for the environment.

Yet the masterminds foisting this legislation on businesses don’t appear to have given much thought to what will happen if the quota isn’t met. Now Ford, one of the biggest auto giants in the world, and still a major manufacturer in Europe, has provided an answer. “We can’t push EVs into the market against demand,” said Martin Sander, the General Manager of Ford Model eEurope, at a conference this week. “We’re not going to pay penalties… The only alternative is to take our shipments of [engine] vehicles to the UK down and sell these vehicles somewhere else.”

In effect, Ford will limit its sales of cars in the UK. If you had your eye on a new model, forget it. You will have to put your name on a waiting list, just as East Germans had to wait years for a Trabant. Heck, we may even see a black market in off-the-books Transit vans. Ford is the first to spell it out in public, but we can be confident all the other manufacturers are thinking the same thing. They can’t absorb huge fines. The only alternative is to limit the sales of petrol cars.

Alan Dershowitz: “all Americans should be appalled at this selective prosecution”

“Trump’s trial is a stupendous legal catastrophe”, writes Alan Dershowitz in the Telegraph.

I have been teaching, practising and writing about criminal law for 60 years. In all those years, I have never seen or heard of a case in which the defendant has been criminally prosecuted for failing to disclose the payment of what prosecutors call “hush money”. Alexander Hamilton paid hush money to cover up an affair with a married woman. Many others have paid hush money since. If the legislature wanted to criminalise such conduct they could easily enact the statute prohibiting the payment of hush money or requiring its disclosure. They have declined to do so.

Prosecutors cannot simply make up new crimes by jerry-rigging a concoction of existing crimes, some of which are barred by the statute of limitations others of which are beyond the jurisdiction of state prosecutors.

and

If the defendant were not Donald Trump and the venue were not Manhattan, this ought to be a slam dunk win for the defendant. Indeed, this extraordinarily weak case would never have been bought.

I am not a Trump political supporter. I voted for Joe Biden in the last election and I have an open mind about the coming election. But I want it to be fair. Whoever loses the election should not be able to complain about election interference by the weaponisation of the criminal justice system for partisan advantage.

All Americans, regardless of political affiliation, should be appalled at this selective prosecution.

I am curious as to whether Professor Dershowitz’s article will be appearing in any of the American papers as well as in the Telegraph. It is very common for British papers to reprint articles about American affairs, but a quick Google showed no sign of this one other than in the Telegraph itself. One would think an emeritus professor at Harvard Law School would have American newspapers queuing up to publish his views on one of the top U.S. legal stories of the day. Maybe the layers of editors and fact-checkers for which the American media are famed are just taking their time on this one.

Liz Truss – in office but not in power

This interview is fascinating and I think Truss come out rather well in that she identifies the problem UK faces with great precision. There are many things she clearly can’t say for obvious political reasons (but the hosts say for her anyway 😀 ) & the endless advert interruptions are annoying, but this is well worth watching.

Goodbye scientific worldview, it was nice knowing you

There is a fine article by James B. Meigs in City Journal: “Unscientific American – Science journalism surrenders to progressive ideology”

The article is framed around the decline of Scientific American but branches out into discussion of the decline of the scientific American, and, indeed the decline of the scientifically-minded citizen of the world.

You used to read about such people everywhere. You used to meet such people everywhere. Every nation had them, not that they set much store by nations. They were not scientists themselves, but they were scientifically-minded. They knew how to make a “crystal set” out of old bits of junk so they could build a clandestine radio in Stalag Luft III, and how to build a copper still if they fell through a timewarp. Their heroes were the scientists they read about in Scientific American and New Scientist, the ones who would not fudge an error bar to save their lives, the ones whose dogged refusal to let an anomaly go unexplained led to great discoveries.

They were good chaps, these not-quite-scientists. Well, most of them were chaps. I declare myself a sister of the brotherhood by repeating that the hypothesis that men are on average better at science was not disproved when Larry Summers was fired as president of Harvard for saying that the possibility should be considered. That was the point Summers was making: the true scientist is not afraid to follow the facts wherever they lead. And just behind the actual scientists in this quest came the journalists and popularisers of science and just behind them came the scientifically-minded men and women who thought the future would be full of people like them – but the future turned out differently…

One of the few science journalists who did take the lab-leak question seriously was Donald McNeil, Jr., the veteran New York Times reporter forced out of the paper in an absurd DEI panic. After leaving the Times—and like several other writers pursuing the lab-leak question—McNeil published his reporting on his own Medium blog. It is telling that, at a time when leading science publications were averse to exploring the greatest scientific mystery of our time, some of the most honest reporting on the topic was published in independent, reader-funded outlets. It’s also instructive to note that the journalist who replaced McNeil on the Covid beat at the Times, Apoorva Mandavilli, showed open hostility to investigating Covid’s origins. In 2021, she famously tweeted: “Someday we will stop talking about the lab leak theory and maybe even admit its racist roots. But alas, that day is not yet here.” It would be hard to compose a better epitaph to the credibility of mainstream science journalism.

Samizdata quote of the day – Eastern Europe is showing Britain up on Free Speech

Scruton gave a lecture on Wittgenstein to a private circle of intellectuals. He was quick to notice, however, that “they were far more interested in the fact that I was visiting at all”, rather than deliberations on the rather impenetrable Austrian thinker. The sense of togetherness was, according to the recollection of a Czech dissident, “the most important morale booster for us”.

It wasn’t just intellectuals who were in peril. The country, Scruton discovered, contained a sophisticated network of secret agents and snitches. Denunciation was prolific and social scrutiny omnipresent. No one, including the most inconsequential citizens, could feel safe from the Big Brother of the state and social pressure of their peers. The Czech author and playwright Václav Havel made this atmosphere famous when describing the deliberations of a greengrocer, who had to place a pro-regime slogan on display in his shop to avoid being denounced or judged unfavourably by his neighbours.

It is 2024, and in many ways the positions of Britain and Czechoslovakia (now Czechia) have reversed. It is now in Prague where freedom of speech and thought is tolerated, and it is in Britain where it is under assault – sometimes on the social level, but increasingly on the legal level as the recent legislation in Scotland shows. True, people seldom go to prison for expressing their opinions – like Havel did in Czechoslovakia – but lives have been destroyed nonetheless. Sackings, cancellations and character assassinations have proliferated in the country that was once hailed as the cradle of liberalism.

Štěpán Hobza

A bastion undermined

“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.

An Øresund odyssey

The Sage of Kettering and I have been on another trip, this time to Copenhagen, obliging the self-loathing poster of that poster, with flits over the Øresund to Malmö and to Helsingborg in Sweden. On landing in Copenhagen’s pleasant airport, we immediately leave Denmark for Sweden by train, taking in the well-known bridge, onto which we emerge after a few minutes in a tunnel. It is an impressive piece of engineering. Bizarrely, well, to anyone from the UK, it was finished in time and within budget despite them finding over 20 WW2 bombs. At our first stop just over the bridge, the sign announces a check by the Swedish border guard, but nothing materialises.

We then emerge into central Malmö late lunchtime. It is all rather pleasant, none of this violence one hears about. Malmö, soon to host the Eurovision Song Contest, is a fine enough city, thinking back, reminiscent of Liverpool in some ways but without the decay seen today. There are many fine buildings, testament to a prosperous late 19th century.

We have a lunch of meatballs and beer at Gustav Adolphus square, outside in April,

before going to pay our respects at the Raoul Wallenberg park.

On the way back, we see a group of four police officers challenge some youths in the middle of a square.

The architecture here is mainly modern, but with lots of little gems.

In the Old Town core (Gamla Stan) it certainly has a nice feel to it.

→ Continue reading: An Øresund odyssey

Samizdata quote of the day – the toppling of the woke authoritarians

Wokeism. Climate extremism. Kindly authoritarianism. This is now the operating system of Western, ‘centrist’ politics. Take Joe Biden, America’s somnambulant president. At the 2020 election, even anti-woke liberals insisted this scion of the old Democratic establishment – a man so old he can’t even be slurred as a Boomer (he’s actually Silent Generation) – was the man to return America to normality, before the BLM riots and MAGA mania. ‘If you hate wokeness, you should vote for Joe Biden’, declared a piece in the Atlantic, arguing that Trump is to the culture war what kerosene is to a dumpster fire, fueling the woke extremes. That take has aged like milk. On his first day in office, Biden signed sweeping Executive Orders on ‘racial equity’ and gender ideology. He later tried to apportion Covid relief on the basis of race. He’s a Net Zero zealot. He has allowed the justice system to be weaponised against his opponents. He invited Dylan Mulvaney to the White House, FFS. Biden’s return to ‘normalcy’ has been so successful millions of Americans are starting to wonder if Donald Trump might actually be the saner choice.

Tom Slater

Samizdata quote of the day – What is the ECHR really for?

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