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

We have too many people who are credentialed rather than educated, and too many people who think their education creates an automatic entitlement. The problem isn’t with “merit” rising to the top, the problem is that we have a false and destructive idea of what constitutes merit.

Glenn Reynolds

“Why is Venezuela on the brink” asks Sky News

Dominic Waghorn has written an article for Sky titled ‘Oil rich but sliding into anarchy: Why is Venezuela on the brink?

Economic mismanagement and kleptocratic rule have led to tumbling living standards but the regime still has a grip on power […] Like the government of Hugo Chavez that it followed, the Maduro government claims to be on the side of the masses. But its kleptocratic rule has been disastrous for every level of society. The poor just have less to lose. […] But the Maduro government’s mismanagement of the economy has been breathtakingly irresponsible. […] Nationalisation, price controls and rampant corruption have added to the witches’ brew poisoning the economy.

Nowhere in the entire article does the word ‘socialism’ or ‘socialist’ appear. I wonder why? The mainstream media are a joke.

Trying to argue with a socialist about Venezuela

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.

Once established, it is almost impossible to repeal a benefit or ‘public service’

The failure to repeal Obamacare is yet more evidence that Chief Justice Roberts was wrong not to stop Obamacare at the start – and wrong in his basic principles. The public rarely, if ever, ask for a new “public service” or benefit – but once such a government function is established it is almost impossible to repeal. People, and the system itself, grows used to the new government benefit or service – and it is incredibly difficult to get rid of it once it is established. This is why traditional Constitutions are written – to limit the powers of government at the start, to prevent these benefits and services being created in the first place.

However, a Constitution is only as good as the enforcement mechanisms to make sure it is obeyed – and as Luther Martin warned at the Constitutional Convention in Philadelphia, trusting government appointed judges to limit the powers of the very government that appointed them is a fatally flawed idea.

This is not a recent problem. Even in the 19th century the Supreme Court often ruled that the Federal Government has powers that the Constitution does NOT give it. For example the infamous “Second Greenback Case” where the Supreme Court, with newly appointed “justices” (appointed, in part, for this corrupt purpose) overturned the “First Greenback Case” where the court had declared, quite correctly, that the Federal Government has no power to print (or have printed) money – only to “coin money” (Article One, Section Eight of the Constitution of the United States) and that only gold or silver coin (not paper money) may be “legal tender” in any State (Article One, Section Ten of the Constitution of the United States). Nothing could be plainer than that paper money is unconstitutional – indeed the very reason the United States Constitution was written in the first place was to prevent the “not worth a Continental” paper money issued by the Continental Congress to finance its government – those who support the Articles of Confederation system forget that one of its fundamental flaws was that it allowed the government to print money, as it gave no reliable source of taxation to finance the United States Armed Forces. Without a large scale and professional armed forces there is no point in having a United States of America at all – and each State might as well go its own way till conquered by European powers in the 18th century or by the People’s Republic of China in the 21st century.

→ Continue reading: Once established, it is almost impossible to repeal a benefit or ‘public service’

Politics and cars

What, one may ask, is wrong with the pursuit of automobile safety, fuel economy and pol­lution control? Only this: mandatory regulations that prohibit choices between better and cheaper cars force the average household in too many parts of the United States to drive second-hand, third-hand or simply very old cars that are drastically less safe, less fuel efficient and also more polluting than the prohibited cheaper new cars would be. Trump’s position was and is entirely forthright: he opposes the regulation of economic activities in principle unless unquestionably and very urgently necessary, as the control of climate change is not – depending on your definition of “urgent”. That was the clearest choice of all between Trump and Clinton, whose stance implicitly favoured $60,000 Tesla cars for the sake of the environment, as well as solar and wind power of ever increasing efficiency to be sure, but still now more costly than coal or gas.

Edward N. Luttwak, in the Times Literary Supplement.

Or to coin a phrase, it’s the car prices, stupid.

(I should add that my quoting this item does not mean I endorse all of the author’s views here, such as his seeming dislike of free trade.)

True to her principles

I was moved by this story in the Times:

French philosopher Anne Dufourmantelle drowns saving children off St Tropez

A leading French philosopher who argued that taking risks is essential to life has drowned while trying to rescue two children off Saint-Tropez.

The government and the intellectual world paid tribute to Anne Dufourmantelle, 53, who was famous for decrying the caution imposed by a risk-averse society.

Ms Dufourmantelle was in the water about 50 yards from two children, one of them the ten-year-old son of a female friend, off Pampelonne beach in Ramatuelle when a strong wind worsened and lifeguards raised the red flag to indicate that swimmers ought to return to shore.

The children were saved by lifeguards but Ms Dufourmantelle was overcome while swimming against a strong swell driven by an east wind, the local newspaper, Var Matin, said. She suffered a cardiac arrest and the rescuers were unable to revive her. Françoise Nyssen, the culture minister, praised “the great philosopher who helped us to live and understand the world of today”. Raphaël Enthoven, the philosopher and former companion of Carla Bruni Sarkozy, tweeted his sorrow and shock over the death of the woman “who spoke so well of dreams”.

Ms Dufourmantelle, whose partner was the writer Frédéric Boyer, devoted much of her career to the relationship between fatality and freedom.

In 2015 she told Libération newspaper, for which she wrote a monthly column, that “zero risk” was a fantasy. “When there really is a danger that must be faced in order to survive . . . there is a strong incentive for action, dedication, and surpassing oneself,” she said. In 2011 Ms Dufourmantelle published Eloge du risque (In Praise of Risk), in which she said that “risking your life is one of the most beautiful expressions in our language”.

Jobs, automation and other terrors

In 1910, one out of 20 of the American workforce was on the railways. In the late 1940s, 350,000 manual telephone operators worked for AT&T alone. In the 1950s, elevator operators by the hundreds of thousands lost their jobs to passengers pushing buttons. Typists have vanished from offices. But if blacksmiths unemployed by cars or TV repairmen unemployed by printed circuits never got another job, unemployment would not be 5 percent, or 10 percent in a bad year. It would be 50 percent and climbing. Each month in the United States—a place with about 160 million civilian jobs—1.7 million of them vanish. Every 30 days, in a perfectly normal manifestation of creative destruction, over 1 percent of the jobs go the way of the parlor maids of 1910. Not because people quit. The positions are no longer available. The companies go out of business, or get merged or downsized, or just decide the extra salesperson on the floor of the big-box store isn’t worth the costs of employment.

Deirdre Nansen McCloskey

This is also plays to a contention that I see quite a lot on social media and other places that a “solution” to technology-caused unemployment and poverty is a universal basic income, paid for by taxing robots/capital. The whole notion frankly strikes me as intellectual and economics snake-oil: a tax on robots is a tax on capital, and reducing returns from investing in capital will, in my view, reduce long-term productivity gains and hence rewards to labour that we see every time that productivity has improved. After all, by “capital”, we also must consider human capital (skills, aptitudes, moral character, even) and how is one to distinguish that from simple “labour”? (This is, by the way, a killer argument against the Labour Theory of Value that underpins the rickety structure of Marxist economics.)

Here is an article at Econlog casting doubt on the “robots taking our jobs” theory, while pointing to a debate on the subject worth looking at.

I had a brief comment about this on Samizdata before, on May 23.

I have several problems with UBI, along the lines suggested by a writer at Catallaxy Files here.  Bryan Caplan has written another, in my view, strong take-down of the idea. Yes, I know that a variation on this is a negative income tax, an idea embraced by no less a figure than Milton Friedman.   

The attractions in superficial form of UBI are obvious, not least its apparent simplicity, and the idea that one could cut through the current morass of state entitlements/subsidies etc and even bolster support for a free enterprise system if everyone gets at least some sort of payment. For me, however, an issue is more moral – the idea that one is entitled to a handout by simply being a living, breathing creature – and economic – the potentially deadly impact on incentives and character.

I am planning to give a couple of talks about this subject in London, with one definite commitment being at Brian Micklethwait’s place at the end of September, and other possible talk in August. Details are forthcoming. I am generally, I think, against the idea, but I am happy to hear and read any really strong cases for it if people want to suggest them in the comments.

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

Book review: First Hook

Simon Gibbs has a review of Clive Fox’s cute quick techno-thriller ‘First Hook‘, which has launched today.

The series is modelled on shows like the A-team, but produced natively for consumption in written form as a serial short story. Much as Bleak House was originally published by Charles Dickens as a regular newspaper feature this punchy little story will be added to over time in the way that a TV show is added to with a new episode broadcast each week, except that future episodes are not yet all written. As such it borrows something of the currency of a soap opera, able to evolve and adapt constantly, but is firmly in the sci-fi category. This is an interesting and novel form of written fiction.

Anyone questioning why a lightweight techno thriller should be reviewed on Samizdata would do well to read Brian Micklethwait’s summary of The Power of Fiction, a talk given by former City AM managing editor Marc Sidwell. Anyone wondering what on Earth they might do about it, finding themselves unable to write fiction of their own should read the thoughts of Richard Gleaves, author of Ride Headless and Ride (itself reviewed on Libertarian Home).

So anyway, here is the Amazon review. You can buy it, read it and write your own review on Amazon:

Clive Fox is making an important contribution at a critical time.

When business paper The Financial Times offers advice to tech CEOs it is to warn them of their waning popularity and their “responsibilities”. Tech giants in California bring fantastic wealth to the area, and amazing technology to mankind, only to be slammed for the crime of gentrifying impoverished San Francisco – their staff hounded on company minibuses. Those companies branch out to the UK bringing us world changing products and brilliant new services, only to be pumped for more cash. Modern society fails to appreciate the source of it’s modernity.

Aftermath clearly know all about the problems of modern – and future – technology. Yet they have the balls to value it, master it, become one with it, and when necessary to beat it. The resulting tensions and dramas are evident in this first outing. I am thirsty for the next instalment.

– Simon Gibbs

Priestcraft

To the priests of ancient Egypt, the complexity of their writing system was an advantage. To be one of the few who understood the mystery of writing made a priest a powerful and valuable man.

This article, “The EU: Authoritarianism Through Complexity”, is by George Friedman who used to be chairman of Stratfor and now is chairman of a body called Geopolitical Futures.

Reading it made me think that the old term “priestcraft” might be due a revival:

The British team consists of well-educated and experienced civil servants. In claiming that this team is not up to the task of understanding the complexities of EU processes and regulations, the EU has made the strongest case possible against itself. If these people can’t readily grasp the principles binding Britain to the EU, then how can mere citizens understand them? And if the principles are beyond the grasp of the public, how can the public trust the institutions? We are not dealing here with the complex rules that allow France to violate rules on deficits but on the fundamental principles of the European Union and the rights and obligations – political, economic and moral – of citizens. If the EU operating system is too complex to be grasped by British negotiators, then who can grasp it?

The EU’s answer to this is that the Maastricht treaty, a long and complex document, can best be grasped by experts, particularly by those experts who make their living by being Maastricht treaty experts. These experts and the complex political entities that manage them don’t think they have done a bad job managing the European Union. In spite of the nearly decadelong economic catastrophe in Southern Europe, they are content with their work. In their minds, the fault generally lies with Southern Europe, not the EU; the upheaval in Europe triggered by EU-imposed immigration rules had to do with racist citizens, not the EU’s ineptness; and Brexit had to do with the inability of the British public to understand the benefits of the EU, not the fact that the benefits were unclear and the rules incomprehensible. The institutionalized self-satisfaction of the EU apparatus creates a mindset in which the member publics must live up to the EU’s expectations rather than the other way around.

The EU has become an authoritarian regime insisting that it is the defender of liberal democracy. There are many ways to strip people and governments of their self-determination. The way the EU has chosen is to create institutions whose mode of operation is opaque and whose authority cannot be easily understood. Under those circumstances, the claim to undefined authority exercised in an opaque manner becomes de facto authoritarianism – an authoritarianism built on complexity. It is a complexity so powerful that the British negotiating team is deemed to be unable to grasp the rules.

“…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.