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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“We are about to start reaping the fruits of the 2012 election. They’ll be bitter. I think we’re about to see a full and overt assault on the Bill of Rights and on those who support individual liberty. I hope I’m entirely wrong. But don’t bet on it.”
– Charles Steele
Read the whole thing: it is packed with links to discussions about these issues. I don’t think he is exaggerating.
“To some extent the problem is too much rather than too little imagination. With fiat money, and a discretionary central bank, it’s always theoretically possible to have the money stock (or some other nominal variable) behave just like it ought to, according to whichever macroeconomic theory or model one prefers. In other words, a modern central bank is always technically capable of doing the right thing, just as a chimpanzee jumping on a keyboard is technically capable of typing-out War and Peace.”
– George Selgin, as quoted at the excellent Cafe Hayek blog.
“And may I say that the exaggerated outrage over the “phone hacking” scandal is particularly hypocritical given the culture of pervasive surveillance of citizens that the British government — ahead even of our own — has established over the past decade or two. Those criticizing the press here are in no position to complain about invasions of privacy.”
Glenn Reynolds weighs in on the the Leveson Report’s recommendation to regulate the UK media. Being a good American living in a land that has a First Amendment – not always well observed – Reynolds is distinctly unimpressed by Leveson. And we Brits should well remember how, if the UK media – or bits of it – are subjected to control, how this will lend some encouragement to authortarians the world over. (This is a fact that some members of the present government, such as William Hague, the foreign secretary, have grasped).
One thought that occurred to me when thinking about reaction to the Leveson Report – which calls for statutory regulation of the UK press – is that those journalists frightened of such regulation, and concerned – rightly – about the dangerous consequences have had a very sharp lesson in the problems of regulation. (Here is the official Leveson website for those who have the stamina).
Consider the following: After the recent financial crisis of 2008, almost the entire media, political world and associated industry put up a chorus that what the world needed or still needs is “more regulation”. The fact that the banking industry already is subject to the laws against fraud and force, that it operates under rules about capital (the Basel system), has to lend to certain groups (US legislation to help minorities), or that central banks set interest rates like Soviet planners, seemed not to matter one jot to those arguing that we need even more rules. And rules enforced by such paragons of wisdom and omniscience as the Financial Services Authority or Bank of England.
Yet this time, when the media itself is in the cross-hairs, we see journalists from across the spectrum arguing about the dangers of quangos, of unelected boards of governors running the show, of the dangers of moral hazard, of the problems of losing freedom of action. It is as if George Monbiot had morphed into FA Hayek.
As I say in the title, maybe this is a teachable moment for the British media. Of course, the state-supported BBC and, for that matter, the partly state-subsidised Guardian (all those public sector ads) might be more amenable to state controls, although in the case of the Guardian, even those guys might understand the dangers. (Would, for example, the Guardian be able to use the likes of Wikileaks in future under a statutory regime?).
I might be optimistic here, but when people find their own livelihoods and freedoms come under attack, it can make them understand the value of liberty and rule of law more generally. Let’s hope that the next time a journalist writes an article which calls for more regulation of X or Y, that they see the irony, and think again.
Conservative MP Dominic Raab has some good sense on the case against regulating the press here. (Again, non-UK readers should be aware that they might not be able to read this in full). Excerpt:
On Thursday, Lord Justice Leveson will report on press standards. If, as Churchill declared, “a free press is the unsleeping guardian of every other right that free men prize” then statutory regulation is an insidious sedative that threatens our democracy. We take for granted investigative journalism that speaks truth to power – from the exposé of Stephen Lawrence’s killers to the revelation of MPs’ expenses. But, look to France to see what a state-regulated press means. It left Dominique Strauss-Kahn to walk through the raindrops to the cusp of the presidency, despite a string of ugly reports of sexual violence. It allowed Jacques Barrot to be appointed European Commissioner, despite a conviction for embezzlement masked by law. From Hungary to Russia, regulating journalists has inevitably stifled media freedoms.
Sometimes I overcome my squeamishness and read the comment sections on pieces like this. Here, below the article above, is an example from a guy called Keith Meldrum of why I sometimes wonder whether I should regard some of my fellow Brits with pity or contempt:
“It appears that 80% of the British public want greater press regulation. That 80% still holds with readers of the Telegraph and Daily Mail. The complaints of journalists and newspapers that they are sorry and they will not do it again remind me of my children. Although I’m sure the protestations are sincere, I find them hard to believe.”
Well no doubt Mr Meldrum can assume what he likes, but I notice no horror here from him as to the fact that such a high percentage of the UK public are fine and dandy with taking this country back 300+ years in terms of freedom of the press. I guess he regards such ideas as “hopelessly out of date”, rather as how former UK prime minister Tony Blair, in a disgusting speech a few years ago, referred to a concern for such “19th Century values” as the presumption of innocence in criminal cases, habeas corpus, respect for privacy, and so on.
And then there is this creature, by the name of “Celtictaff”:
“What’s so special about the press, they have always worked hand in glove with politicians. The people of Britain don’t have free speech, that freedom has been slowly eroded for years. There are subjects that affect the very future and stability of our country, which are far too anti-diversity and PC to even discuss, our country is being stolen from us, and we are not allowed even a whimper of protest. Couple that with the constant barage of propaganda from the MSM. The press deserve all they get.”
In other words, because the MSM have behaved like berks at times – and they have – we won’t be missing much if the media are regulated like doctors or whatever. Great. This is classic dog-in-the-manger thinking: Other people don’t have liberty, so why should you? This is dangerously short-sighted and foolish. The proper response, of course, is to demand equality before the law and repeal the current restrictions of freedom of speech that now exist, by copying the US First Amendment and enforcing it.
Instead, like bitter, sad people in despair, we lash out at a decent argument for free speech because of the imperfections of this world. It is a classic case of the best being the enemy of the good. We are not going to achieve a perfectly free society soon, but let’s surely fight to protect what liberties are left.
And remember, as the playwright Tom Stoppard said some years ago, you can tell we have a free press in this country because of the amount of crap that gets printed. Inevitably, a lot of what we read and see in the press and TV will be mediocre at best, or sensationalist rubbish, at worst. But that no more invalidates media freedom than it would justify state regulation of party clothing on a Saturday night because most Britons have the style sense of a toad. The point is that a free press, unshackled by the chilling effects of regulation, has the potential to do good and useful things.
Of course, when the UK media is so dominated in the terrestrial broadcasting sense by a state-financed broadcaster such as the BBC, any idea that we operate a full free market in media and broadcasting needs to be hedged with a bit of a qualification anyway.
An organisation that ought to be regarded with suspicion is the National Union of Journalists, which says that regulation of the media is okay. The NUJ must surely know that the next, almost inevitable step would be state licencing of journalists, something that the NUJ, no doubt keen to enforce a closed shop on journalism, would see as bolstering its power.
Finally, if the letter-writers to the DT and other places think the media needs to be regulated by the sort of people who have done such a splendid job regulating financial services, for example, then they might want to emigrate to a place more to their liking, such as North Korea. Or maybe they should choose France, which operates under a draconian privacy law as Raab points out. Given that many French people are fleeing France due to its high taxes, though, there may not be many takers for this idea, however delightful that country is in many other respects.
The last few days have been full of the story of how, in Rotherham, a northern UK town in a historically strong Labour area, a couple have had their adopted children taken away because the couple are members of the United Kingdom Independence Party (UKIP). According to the social services department, membership of a party that, among other things, wants Britain to leave the EU and enforce certain immigration controls means that the couple are “racists”. Yes, do not adjust your computer.
While I am sure there might be UKIP members who are racists, just as there are bigots who join other parties, I suspect the vast majority are concerned about multi-culturalism not because of race but of concerns about culture. This distinction cannot be overstated or repeated often enough.
Furthermore, there is nothing from the reports I have read to suggest that the couple – they are not being named – are anything other than decent people who provide children with a stable and loving home background. So as a result of the cultural Marxism of the Rotherham social services department, children are to spend time in a foster home, away from a mum and a dad.
I am not a fan of conspiracy theories, but you have wonder whether the boss of social services is in fact a secret supporter of UKIP, given that in a by-election shortly to take place in the town, the issue is bound to drive up UKIP’s share of the vote.
When I talk of “cultural Marxism”, what I mean is that the people taking such decisions want to impose a totalitarian political and cultural order on this country. They hate families; indeed they fear families. As explained superbly by Ferdinand Mount many years ago, collectivists of different hues have resented families and done everything in their power to destroy this institution. Unless parents hold “correct” views on certain subjects, then it appears they cannot be allowed to care for children.
It is a tragedy that the happy family life of three youngsters has been damaged, but if any good comes out of this sorry affair, it is that when we talk about the “cultural Marxism” of parts of the public sector, this is not some smart-alec phrase or mad phobia. It is a real issue and I hope that Michael Gove, the Education Secretary who is one of the few impressive members of the coalition cabinet, takes a blowtorch to the social services department and the decision-makers there. (He was adopted himself, and therefore has very strong views on the benefits of adoption).
Ironically, the behaviour of this social services department is a gift to to the far right and those who want whip up racial hatreds. (Maybe that is also a sort of conspiracy theory. Discuss.)
We also need to start learning a few tactics from the left, such as picketing the establishments where these people work, naming and in some cases, shaming those who take such decisions and keeping their profile high in public view. A problem with those not on the hard left or far right is that we are “civilised”; but people such as this idiot in charge of Rotherham social services are not nice, at all. We have had a useful reminder of just how far they are prepared to go.
Guido Fawkes also writes of the war on the family, with reference to the sort of Fabian socialism of George Bernard Shaw (decent playright, terrible man).
Final thought: is this an isolated incident, or have there been other cases where the real or alleged political views of parents have barred them from raising children? I would be willing to bet that this has happened before, and may even happening as I write.
So to summarise the case for the prosecution: Chelsea’s allegation was not credible; it was not supported by credible evidence; the sole piece of evidence provided was directly contradicted by numerous other credible sources; no attempt was made to resolve the issues informally; the allegations were briefed to the press before they were formally submitted to the FA; one allegation briefed to the press was withdrawn before even being submitted to the FA; the referee who was the subjected of the complaint had allegedly been insulted, abused and threatened by the complainant before the charge was submitted to the FA; he had been the subject of allegations by the club that he had been responsible for them losing the match and that club has a recent record of making unfounded allegations against match officials. Mark Clattenburg had his entire livelihood – indeed his liberty – put at risk. Chelsea on the other hand will suffer no points deduction or fine or any other sanction. In fact, they are not even prepared to part with so much as any apology. The law, Chelsea football club and English football are an ass.
– Dan Hodges. (This in the Daily Telegraph so some non-UK residents might not be able to read the whole piece.) Essentially, what happened was that after a match between Chelsea and Manchester Utd, Chelsea players alleged – on the basis of what appears to be weak hearsay evidence – that the ref had used racist abuse. At the very start, I find it astonishing that hearsay evidence could be even considered grounds for a complaint. (As hardline defender of free speech I regard “hate-speech” laws as a joke anyway.)
The problem I often see in left-libertarian writing is the sense that the world of freed markets would look dramatically different from what we have. For example, would large corporations like Walmart exist in a freed market? Left-libertarians are quick to argue no, pointing to the various ways in which the state explicitly and implicitly subsidizes them (e.g., eminent domain, tax breaks, an interstate highway system, and others). They are correct in pointing to those subsidies, and I certainly agree with them that the state should not be favoring particular firms or types of firms. However, to use that as evidence that the overall size of firms in a freed market would be smaller seems to be quite a leap. There are still substantial economies of scale in play here and even if firms had to bear the full costs of, say, finding a new location or transporting goods, I am skeptical that it would significantly dent those advantages. It often feels that desire to make common cause with leftist criticisms of large corporations, leads left-libertarians to say “oh yes, freed markets are the path to eliminating those guys.” Again, I am not so sure. The gains from operating at that scale, especially with consumer basics, are quite real, as are the benefits to consumers.
– Steve Horwitz.
(Hat/Tip, Econlog, which has other thoughts here.)
I am all in favour of ending “corporate welfare” – for ALL sizes of firms; I think tariffs, subsidies, “soft loans”, eminent domain property land-grabs, huge extensions to intellectual property such as patents (I think some forms of IP are okay, the more clearly and narrowly defined), and so on, count as such welfare. But none of this means we have to make the error of automatically saying that small firms are somehow less bad than larger ones are. And remember that when a firm, even a brilliantly-run one with no government aid, gets large, that unless it is very lucky, its sheer size can reduce its nimbleness in responding to new challenges to its position. I don’t have the data to hand, but I read somewhere that of the firms in the Dow Jones Industrial Average in 1950, fewer than half are still there.
So the next time you hear someone waxing indignant about WalMart or Tesco’s, bear that sort of thing in mind.
Even if you haven’t any time for Conrad Black, recently released from a US jail after being convicted of corporate wrongdoings (there is something about the conviction that makes me smell a rat), this review, by Paul Johnson, of Black’s recent book contains a rousing assault on the darker side of the US legal system. Excerpt:
America’s criminal courts now insist on convictions at the expense of any other consideration, above all of justice. They are more like a court martial than a civilian establishment of law. The presumption of innocence has been abandoned. I recall, during my military service, a senior provost martial telling me: ‘If a soldier is court-martialled one must assume he is guilty, otherwise he would not have been charged in the first place.’ That is contrary to all the principles of English justice but it now approximates to the approach of the American prosecuting authorities. The assumption of guilt is sanctified in law by the grotesquely unjust plea-bargaining process, which saves the accused from total financial ruin by forcing him to plead guilty to some of the crimes with which he is charged, however innocent he or she may be. Plea-bargaining in turn leads to a multiplicity of indictments by prosecutors, which adds a judicial to the financial compulsion of the innocent to bargain.
Hence the American prosecution practices are what the law calls ‘a derogation from honest service’. The US prosecution service, in heedless pursuit of convictions, does what it wants and prosecutes whoever it wishes for as long as it likes. Thus, over 90 per cent of prosecutions are successful, a higher proportion than in either Putin’s Russia or Communist China.
In my view, the plea-bargaining system is, as Johnson notes, one of the reasons why even the most Atlanticist Brit is concerned about the way in which the US-UK extradition arrangement tends to work unfairly against Brits who can be sent to the US without a, their case having to be shown to be worthwhile before a UK court and b, face the disgrace of the plea-bargaining system, which ends up with people settling for a criminal record rather than take their chances with a hideously expensive defence. By the way, here is a Canadian take on plea-bargaining. The Volokh Conspiracy had thoughts on this a while ago.
Like and admire much of the US as I do, its legal system, and incarceration rate, is nothing to admire.
By the way, it is good to see Johnson returning to some of his old fire in articles such as this. In his older years I suppose he has slowed down a bit. As a reminder of him at his best, I can recommend his Birth of The Modern.
“Nobody pretends that hiking these taxes means “ordinary people” will have less tax to pay. But most folk still believe that companies can be made to pay taxes, shifting the burden away from the rest of us. I have news for you: they can’t. Corporations are artificial legal constructs: only people can ever pay taxes. The burden of taxes supposedly levied on companies is borne either by investors (through reduced returns on their capital), workers (via lower wages) or consumers (as a result of higher prices). Targeting firms is just a way of stealthily taxing these people, ensuring nobody really understands who is picking up the bill. It is because we’ve forgotten about these basic principles that we’ve ended up with a dysfunctional and incomprehensible tax system, as exemplified by the row over the practices of Starbucks, Amazon, Google and others.”
Allister Heath. (Non-UK residents who don’t subscribe may not be able to see the full Telegraph article, but it seems that quite a lot can, so I am putting this up with a disclaimer.)
“If you think that Westminster exists in a bubble, you should try Brussels. For the 18th successive year, the auditors have failed to approve the EU’s accounts. Meanwhile, the EU wants much more money.”
– Roger Bootle. He is writing in the Daily Telegraph, but given that the DT now imposes a paywall on non-UK readers, I am not going to bother with the link.
This story in the Wall Street Journal, stating that Denmark is to rescind its “fat tax” because it has proven to be economically destructive, may not, in the scheme of things, be as important as the US elections, the plight of the euro or the (hopefully) end of tax-financed public service broadcasting in the UK (we can all dream). But the sight of a European government, one that often adopts a nanny state approach to certain issues, rowing back on such an idea, is encouraging.
One thing I should point out to my despondent American pals who are concerned about the US copying failed European social/regulatory models is this: it is possible to push back, if the evidence can be presented strongly enough and if the impact is clear enough and if this can be shown to voters.
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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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