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

Kicking Livingstone out of London felt cathartic, but I hadn’t realised we were lucky not be shot in our beds as a result.

Graeme Archer

Samizdata quote of the day

More recently, Herman has disgraced himself even further by being the most prominent of a tiny band of polemicists who deny the genocide of 8,000 Bosnian Muslims at Srebrenica in July 1995 – though the remains of the victims have been located, excavated and identified.

I need hardly add, but will anyway, that Corbyn too has disputed that the documented Serb atrocities in the Balkan wars of the 1990s ever happened. He put his name to an early day motion in the House of Commons in 2004 that explicitly denied the war crimes of the Milosevic regime in Belgrade, referring to the “the fraudulent justifications for [Nato] intervening in a ‘genocide’ that never really existed in Kosovo”.

Oliver Kamm

The vindication of Jack Cade

Henry VI Part II, Act 4, Scene 2:

ALL:
God save your majesty!

JACK CADE:
I thank you, good people:— there shall be no money; all shall eat
and drink on my score, and I will apparel them all in one livery,
that they may agree like brothers, and worship me their lord.

DICK:
The first thing we do, let’s kill all the lawyers.

CADE:
Nay, that I mean to do.

The Guardian, today:

Ken Livingstone: Venezuela crisis due to Chávez’s failure to kill oligarchs

Hammond’s Britain

I do not like British Chancellor of the Exchequer Philip Hammond.

I often hear it said that the UK is considering participating in unfair competition in regulation and tax. That is neither our plan nor our vision for the future.

Whose side is this man on? He considers it unfair on French people if British people are not sufficiently mugged when transporting goods across the border. At least we have an adversarial system and he can be opposed.

“The truth is that the British people will not believe the fake U-turn of a Tory chancellor in a French newspaper, while he is still going ahead with billions of pounds in corporation tax giveaways in this parliament, and refuses to rule out further cuts,” said shadow minister Peter Dowd.

Oh dear. I had rather hoped that Britain might end up more like Singapore or Hong Kong.

“Women take things more emotionally”: I bet she was happy when she took them for £360k

The Times today:

‘Clumsy’ sexist remark by BAE Systems manager costs £360,000

A manager’s “clumsy” comment to a secretary that “women take things more emotionally than men” will cost Britain’s biggest arms manufacturer more than £360,000.

BAE Systems argued that the law had gone mad and attacked the payout to Marion Konczak for “a single sexist comment” as “an affront to justice”.

Three appeal court judges ruled yesterday, however, that Mrs Konczak, 62, was due every penny after the manager’s comment led to her having a mental breakdown.

BAE was working on a project for the Royal Saudi Air Force when Mrs Konczak complained that she had been bullied and harassed, including sexually. Her line manager later told her that “women take things more emotionally than men, whilst men tend to forget things and move on”.

The judge opined,

“The basic rule is that a wrongdoer must take his victim as he finds him, eggshell personality and all. That is not inherently unjust.”

Emphasis added. And Lord Justice Underhill might like to reconsider his use of “he” as a generic third person singular pronoun. I expect someone from Diversity will be calling him in for a quiet word in due course. On the other hand, perhaps it becomes acceptable if the alternative suggests that a “victim” with an eggshell personality might conceivably be female?

As a commenter called Geraldine said,

Will this encourage companies to employ more women? The cause of feminism is set back years [e]very time something like this happens. I say this as a woman and old-school feminist.

Somewhere Thomas Sowell wrote that manufacturers in the US avoid building factories in black areas, not because they care what skin colour their workers have, but because the more diverse the workforce the greater the risk of being sued for discrimination.

Added later: In the comments below Umbriel explained why the judge might have used those particular words:

…“eggshell personality” is a legal term, not technically an insult (though, it the shoe fits…). The theory was an extension of earlier doctrine that if, for example, someone smacks another person in the head during an altercation, and the victim happens to have some sort of congenital defect or calcium deficiency, such that their skull shatters and they die, the assailant remains responsible for the damages resulting from their assault even if they couldn’t have anticipated the magnitude of the result. This was dubbed the “Thin Skull Doctrine”. When tort law evolved to apply that principle to the infliction of emotional distress, the corollary was dubbed the “Eggshell Personality Doctrine”.

The problem with said doctrine, of course, is that a thin skull is a thin skull, regardless of the law. “Eggshell Personalities” in contrast, can be expected to proliferate and become ever more brittle the more lucrative they become.

Depressingly true.

Samizdata quote of the day

This kind of clotted nonsense could only be generally circulated and generally believed in England, where newspapers claiming to be conservative and reliable are the most utterly untrustworthy of any on earth. In apology for these newspapers it may be said that their untrustworthiness is not always due to intention, but more frequently to ignorance and prejudice.

– W. R. Hearst in a telegram to The Times printed on 2 November 1907. In it he denies ever using the words: “You provide the pictures and I will provide the war,”. Hat-tip W. Joseph Campbell Getting it wrong: ten of the greatest misreported stories in American journalism.

Samizdata quote of the day

Yesterday I said the British police had hit rock bottom and started to drill. Last night they shipped in some dynamite:

Tim Newman

Samizdata quote of the day

The British police have hit rock bottom and started to drill

Tim Newman

“…I find it rather regrettable that Lady Hale’s judgment makes so many references to defecation.”

said Lord Walker, a UK Supreme Court Justice in one, rather unfortunate case. However, we had better get used to Lady Hale’s judgments as she has now been nominated as the next President of the Supreme Court, a promotion from her position as Deputy President, and her influence on UK law will grow.

Why anyone should be concerned that a former academic lawyer with her track record should be in charge of a court that does not sit en banc is that she may well control the lists and influence which judges sit on particular cases, thereby having scope to shape the law.

She has long been a supporter of greater diversity in the judiciary.

“It may be a genuine occupational qualification to choose a black Othello or a female Desdemona, but could it be thought a genuine occupational qualification to bring a minority perspective to the business of judging in the higher courts?

“So do we need to revive the argument for some special provision, akin to that in Northern Ireland, to enable the appointing commissions to take racial or gender balance into account when making their appointments? Would that really be such a bad thing? I think not.”

But some might prefer to have judges who judge the case before them on the basis of applying the law, rather than their own perspective, if one hoped for the rule of law to be seen to be maintained.

Lady Hale has however, speaking privately, cast doubt on her own judgment in one case, a meagre consolation for the losing party.

The trouble with the UK’s Supreme Court is that it is really the result of a Lefty wet dream about judicial activism, finally in 2005 (wef 2009) destroying a long tradition (before then vandalised in the 1870s) of the UK’s final court* being a committee of the House of Lords. (* Not for Scots Criminal Law, which remains under the Scottish Court of Session).

The UK’s Supreme Court has been described by one of its justices as a political court, being politicised by its inevitable involvement in devolution issues and interpretation of Human Rights and EU law (as was, to be fair, the House of Lords before it).

I have a modest proposal, that the Supreme Court be abolished, saving taxpayers money and removing an avenue for more legal fees to be charged in pursuit of a result, thereby removing work and money from the legal profession and reducing litigation risk. There is a simple alternative, that should a party find that litigation results in an injustice, or a nonsense whereby different UK courts have different precedents to follow, that party could petition Parliament to change the law, even in respect of that particular case, as happened in the Burmah Oil case. This approach would have the advantage of getting our Parliamentarians to see the consequences of the laws that they pass (or do not pass) and also take up time that could be spent passing more unhelpful legislation.

To those who say that our politicians should not be our judges, I say ‘Better than our judges being our politicians.

Of more than local interest

I imagine that for many Samizdata readers, the daily diet of gossip and snark and tittle tattle that dominates the output of Guido Fawkes is not to their taste, even if they do entirely see the point of it, and are glad that it happens.

But every so often, Guido does a posting that is of much more than local appeal, which would connect to a far wider audience, provided only that they are alerted to its existence.

So, allow me to alert you to this posting, which features the maiden speech of Kemi Badenoch, Conservative MP for Saffron Walden. Guido describes this maiden speech as his favourite of the 2017 intake by far.

I especially liked the Woody Allen reference. But basically, I liked it all. Her website is here.

If more British Conservative Party people were capable of talking or even thinking like this, I’d seriously consider joining them.

Class and all that

Obviously life is far harder than it used to be for young graduate professionals, and an increased reliance on the state (which the Labour vote represents) would be a completely natural, self-interested response. Today’s Labour middle classes, though, do often sound a little bit like they themselves don’t quite recognise that this is the dynamic here. ‘It is vital that we keep having free healthcare and education so that you do, too!’ they’ll say, effectively, to the far poorer. Or better still, ‘My mediocre philosophy degree contributes to the intellectual health of the nation at large!’ And at what point, I’m wondering, do the people who aren’t ever going to have a mediocre philosophy degree call bullshit on that? At what point do they look at the resources doled out to people far richer than them and ask bluntly whether this alliance is really working in their favour?

Hugo Rifkind, pondering on the love by some affluent people for Jeremy Corbyn’s brand of hard-Left politics

There are of course several factors in play: forgetfulness about how awful 1970s Britain was in an era of strikes, hyper-inflation, price controls, etc; a period of (relative) affluence that dulls the senses (at least for some of those, such as those without student debts); a Tory Party led by a “blue-rinse socialist” who seems almost as keen on regulation and state interference as some on the Labour side, thereby blunting the appeal of Tories to genuine limited-govt. conservatives; an education system that has turned out a group of “educated” people blind to the dangers of state power and reflexively hostile to the open market economy, and a legitimate sense of grievance over inflated house prices (planning laws, QE), heavy student debt/worthless degrees. As a set of background conditions, these are all ideal soil for a leftist politician, never mind a devious one as extreme as Corbyn, to grow in.

Rifkind is right to ask the question as to at what point does the middle-classness of Labour come into conflict with its purported “soak-the-rich” agenda particularly when said middle classes realise they are “rich” for the purposes of said agenda? For the time being, though, a large chunk of the “middle class” (well, the bit that works in the public sector and hence from the taxpayer) think the bearded one and his colleagues are just great.

All this stuff about class got me thinking. Recently, there was much muttering about how utterly middle class these days the Glastonbury music festival is, what with the fact also that the price of an admission is just shy of £250, which even today is a lot of money. Last weekend I went with friends to the utterly non-Corbyn spectacle, the Royal International Air Tattoo. It was noisy; the air was full of thunderous aircraft roaring about and doing their stuff. And as I looked about at the crowd, I saw lots of middle-aged blokes such as me in shorts and T-shirts with pictures of planes on them; wives and girlfriends who were just as keen; some ex-military types (you can tell by the haircuts and the physiques) and young kids all excited about these planes. There were a lot of people who, from what I can tell, were quite affluent but not showy apart from from camera lenses the length of RPGs; there were no loud Sloanes (maybe the aircraft noise drowned them out) or Islington scruffs. In some respects RIAT is an aviation version of Le Mans, the 24-hour motor racing odyssey I like to attend every year.

Frankly, the air show is a mental health break from the current news agenda.

Samizdata quote of the day

“Excuse me. Would you like to defend the NHS?”

“No. I’d like to abolish it.”

(Incomprehension)

And

People in this country have no conception of how good they have it. Except with respect to healthcare, when they have no conception as to how bad they have it.

(Both these quotations supplied by the same anonymous donor.)