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For me, by far the worst aspect of the recent re-trial of the Stephen Lawrence murder case has been the fact that it demonstrates the dangers of the decision, by the former Labour government in the UK, to end the old double jeopardy rule. Some of the perpetrators of the crime may now be behind bars, but the wider issues worry me.
The writer Brendan O’Neill, a Marxist who writes at at the online journal Spiked, sees this in class terms:
“It is clear from the orgy of post-conviction self-congratulation amongst the chattering classes (Dacre says yesterday was ‘a glorious day for British newspapers’) that the trial of Norris and Dobson was a political trial. It was a showtrial, or at least a showy trial, which was relentlessly used to advertise and entrench the morality of the new political elites. Just because Norris and Dobson are lowlifes, whom no one will much miss when they are banged up, doesn’t mean we should give the nod to this bending of the justice system to the whims of the cultural elite.”
And another:
“It is fitting that the Lawrence case should end with a political trial, because this was the most cynically exploited and politicised murder in living memory. Lawrence was not the first young black man to have been murdered by racists, nor was he the first black murder victim to have been failed by a seriously botched police investigation. But he was the first black murder victim whose tragic demise was cynically milked by the cultural elite and used as the lynchpin of a moral crusade against Old Britain and its foul, backward inhabitants. In a triple whammy of murder-milking, Lawrence’s death was used by the elites to demonise the white working classes as the new ‘brutes within’; to redefine racism as a disease of the brain rather than as a relation of power; and to dismantle long-standing legal principles that were once seen as central to the justice system.”
He’s got a point, although I would add that, not being as het up about class as Mr O’Neill is, I don’t see the disgust that many feel about race-related murders as some sort of ruling-class plot to stamp on lots of white proles. There is more than just a whiff of a new victimology here of the sort that far-right groups like to pander to.
There is real danger in ending the DJ principle, as it means the Crown Prosecution Service will not be under the same pressure in future to get all of its legal and evidential facts lined up as strongly as possible when bringing a case for trial, because it knows there will always be a chance that if it does not get a conviction on the first occasion, it can always have another crack at it later if something new turns up. It is a bit like European Union referendums: if the voters don’t give the “right” answer the first time, they can always be polled again. (As argued by a commenter on Tim Worstall’s own post on the issue).
A real concern for me is that the original case is over 18 years old. That is a long time and all kinds of issues about memory recall arise. Like I said, I don’t doubt that the guilty persons are the scum that they are but there are broader issues of due process of law at stake.
Here is another look at double jeopardy. And there has even been a film made using the title, Double Jeopardy. The CATO Institute has written on how this issue plays out in the US legal system.
There has been a lot of commentary in parts of the English-speaking media and blogosphere about the US presidential elections, and of course this part of it has had its commentary about the candidacy of the likes of Ron Paul and Gary Johnson, for example. The coverage shows how US politics looms quite large over the UK, or at least certain parts of it.
Compare and contrast with the level of commentary one might expect to get about the mid-year polls for the presidency of that neighbour, France. In part, the difference is that the French elections do not hold out any prospect of a pro-free market, limited government candidate making much running, although I may be wrong about that. The language barrier is an obvious issue but it cannot be the only explanation for this difference in coverage. And I also note that in another country, Germany, even the so-called quality papers give pretty scant coverage of the machinations of the Christian Democrats, Social Democrats and the other parties. Considering that the future of the euro might hang on who gets to control the German parliament in Berlin, you might think a bit more interest might be a good idea.
We are told that the European Union was all about bringing the big happy European family closer together, and yet as far as parts of the English-speaking media is concerned, some of the more consequential nations in the world get less coverage than a primary race in a US farm state (Iowa). That, I think, is very telling. And it does suggest that the idea of the Anglosphere, as Brian Micklethwait suggested the other day, has legs.
This story is more than a week old, but the case of how a line from the movie “Serenity”, based on the moronically discontinued TV series Firefly, was used in a free speech crackdown is still worth a mention. Here is a video with Neil Gaiman, the SF writer, about the controversy. (H/T, Huffington Post).
More commentary from FIRE, the group supporting individual rights in the US education system.
Maybe I should wear my own Western-style “browncoat” coat in sympathy. I bought it in Ireland and it gives me a nice “Clint Eastwood” sort of appearance.
“American economist Scott Sumner has recently argued that the Fed cannot be blamed for the inflation that led to the Wall Street Crash because the money supply measures that reveal the inflation were not publicly available at the time. As Robert Murphy has responded, the fact that doctors of the time didn’t understand bacteria does not affect the cause of deaths during the bubonic plague. Whether we “blame” central bankers or not is really a secondary consideration to our attempts to understand what happened and why. By assigning blame we suggest that the Fed should have done better. It encourages us to think “if only it did X everything would be ok”. But the problem isn’t that individuals focused on the wrong targets, and the solution isn’t to work out how they can improve. The lesson should be that the nature of central banking – the attempt to centrally plan the monetary system – imposes an epistemic burden on policymakers that they cannot possibly ever fulfil. The Fed wasn’t to blame for the crisis, because any argument for what it “should” have done is insincere. We should absolve it from culpability, and remove the shackles of expectation that we place upon it. It did the best it could be expected to do. And that wasn’t enough.”
– Antony J Evans, economist and what I would call a “sensible-shoes Austrian”.
“At the deepest levels within our governing structures, we are committed to living beyond our means on a scale no civilization has ever done. Our most enlightened citizens think it’s rather vulgar and boorish to obsess about debt. The urbane, educated, Western progressive would rather “save the planet,” a cause which offers the grandiose narcissism that, say, reforming Medicare lacks.”
– Mark Steyn
Dan Mitchell, of the CATO Institute and an excellent defender of those much-maligned tax havens, has a list of predictions for 2012 about the global scene. I agree with all of them apart from the sports one. Here are mine:
Obama will be re-elected by a whisker, but the GOP will cement its control of Congress. Hopefully, a credible, free marketeer Republican will be chosen in the next election who does not carry some of the baggage of Ron Paul regarding his more unusual supporters or his flaky views (in my opinion) on foreign affairs. But in fairness to Paul, his achievement in getting the libertarian message out there on issues such as the economy, role of the Fed and the bailouts will continue to resonate, for which he deserves great praise.
Ayn Rand’s Atlas Shrugged will continue to sell lots of copies; Detlev Schlichter will continue, hopefully, to spread good sense among the financial community and among some policymakers.
China’s property market and wider economy will slow down markedly, though I think it will avoid a hard landing. I am not sure that the country will fully float the yuan in 2012, although it should do so.
The UK coalition government will struggle on, although at least one high-profile Lib Dem minister will resign. I hope it is Vincent Cable, who is an idiot.
Brazil’s economy will continue to grow rapidly. The Latin America economy will gain momentum, apart from such wrecks as Venezuela.
The London Olympics will go off largely without incident and as predicted, the British taxpayer will be paying for it for many years. Boris Johnson will try and milk it for his own political purposes, probably with some success.
Sarkozy will lose the French presidential elections unless the economy improves. The French National Front will again get a lot of votes.
Mobile technology will continue to change the banking industry.
Italy’s public finances will remain a mess. And yet in spite of it all, the northern part of Italy will continue to be the rich, beautiful place it often is, confounding some of the doomsters.
Greece will leave the euro; possbily one more country may do so. Turkey’s efforts to join the EU will continue to founder.
The issue of the “education bubble” will remain one of the biggest domestic policy screwups in nations such as the UK and US. Policymakers will tinker with it.
Cheap flights will remain one of the main positives about living in Europe.
Pope Benedict’s failing health (he looked absolutely shattered in his Christmas address) will become more of a talking point.
AGW alarmists will continue to lose ground. A major politician in a big country will take on the Green lobby. (Well, we can hope so).
There will be continued big advances in areas such as nanotech and medicine, mostly shockingly under-reported.
Parts of Africa will get more prosperous.
Commercial space flight will loom even larger as a reality. Hooray!
Piracy in the Indian Ocean might abate as countries adopt harsher methods to deal with it. More merchant vessels will be armed or escorted by vessels that are as insurance premia adjust.
Argentina will occasionally make sabre-rattling remarks about the Falklands, which will be largely ignored.
England might actually do quite well in the European Championships soccer tournament; England’s cricket team should have a decent year. People from Northern Ireland will continue to win lots of golf majors. Roger Federer might – as he has shown from recent form – win Wimbledon again, confirming he is the greatest sportsman of our time and the most famous Swiss person in the world.
Lady Gaga will start dressing demurely as a way of shocking her fans (I am one of them).
The quality of driving in Malta will continue to get worse.
Latin will make a comeback as a subject in UK state schools.
Finally, more of a hope than a prediction: Hollywood will make a decent hard science fiction movie this year and Ipswich Town will avoid relegation, just.
Happy New Year to you all (apart from the trolls).
Here is an interesting article about growing fear-mongering about nanotechnology. Of course, even one of the founding fathers of the nanotech idea, Eric Drexler, has warned about the underside of this technology.
“One of the more unexpected things I discovered as CEO of a pharmaceutical company was that I had to think as much or more about the federal government than I did about our competition. I had known on an intellectual level that government was involved in the private sector in a great many ways, but it was only when I was actually in business that I felt the full impact.”
Donald Rumsfeld, Known and Unknown, page 253. He is describing his time in the private sector during the late 70s and 80s, and emerges as quite a firebrand for supply-side economics (he got to know Arthur Laffer).
Whatever you think of Rummy as a defense secretary (under the Ford and George W. Bush administrations), he comes across as a formidable man of US public and commercial life.
Here is something that I wrote about the FDA and associated drug regulation issues a while ago here.
“Open-source intelligence has always been crucial, but for most of the cold war it was neglected by western intelligence agencies,” says Calder Walton, a research associate at Cambridge University and author of the book Empire of Secrets, to be published in 2013. “That was the archetypal intelligence war: intelligence necessarily involved information that couldn’t be gained from any other source — human agents or telephone tapping.” That doesn’t mean covert intelligence was more effective, though: Daniel Moynihan, a former US senator, compared CIA reports gathered from secret sources with Soviet documents recovered after the fall of the Berlin Wall and found they significantly overestimated Soviet capabilities. But he discovered that western think tanks using publicly available material, such as the RAND Corporation, were much more accurate. US diplomat George Kennan estimated in 1997 that “95 per cent of what we need to know about foreign countries could very well be obtained by the careful and competent study of perfectly legitimate sources of information open and available to us”.
Excerpt from an article in Wired, the tech and futurism magazine, about a Swedish investment firm, Recorded Future, that is taking the use of social networks and other systems to new heights in its attempt to get a jump on the market. In the process, it sheds new light on how the intelligence-gathering process works.
Here’s another couple of paragraphs:
The 20 employees of Recorded Future aren’t foreign-policy experts. They aren’t traders either, but if you’d started using Recorded Future’s predictions to buy US stocks on January 1, 2009, you would have made an annual return of 56.69 per cent. (The S&P 500 had an annualised return of 17.22 per cent over the same period.) Between May 13 and August 5 this year, as markets behaved with vertiginous abandon, their strategy returned 10.4 per cent; in contrast, the S&P 500 lost 9.9 per cent of its value. They’re data experts: computer scientists, statisticians and experts in linguistics. And in the data, they think, lies the future.
All Recorded Future’s predictions, whatever the field, are based on publicly available information — news articles, government sites, financial reports, tweets — fed into the company’s own algorithms. The result, it claims, is a “new tool that allows you to visualise the future” — one that is changing how government intelligence agencies gather information and how giant hedge funds place bets. On its website, Recorded Future states: “We don’t grant interviews and we don’t issue press releases.” But behind closed doors, the company is developing the technology that has been described be one tech blog as an “information weapon”.
The businesses was founded by a chap called Christopher Ahlberg, a former member of Sweden’s special forces and a serious entrepreneur. In its own way, this article is just another example of how Sweden is not quite the socialist nation that it is sometimes said to be, either by its starry-eyed admirers or detractors. There is a lot of entrepreneurial zest up there in the frozen north, it seems.
As I head to London’s Heathrow Airport en route to Malta for the holidays, I see this item during a spot of web-surfing. It is a piece by Gerard Baker, in the Wall Street Journal. Baker has spent a fair while in the US, and clearly, he’s been infected:
“But I discovered football when I first came to New York in the late 1980s and my prejudices melted away. It was the era of New York Giants greatness and I was hooked instantly: Lawrence Taylor, Phil Simms, Mark Bavaro, Jeff Hostetler. Yes, I did just say Jeff Hostetler. That should tell you how hooked I was.”
“In its energy and complexity, football captures the spirit of America better than any other cultural creation on this continent, and I don’t mean because it features long breaks in which advertisers get to sell beer and treatments for erectile dysfunction. It sits at the intersection of pioneering aggression and impossibly complex strategic planning. It is a collision of Hobbes and Locke; violent, primal force tempered by the most complex set of rules, regulations, procedures and systems ever conceived in an athletic framework. Soccer is called the beautiful game. But football is chess, played with real pieces that try to knock each other’s brains out. It doesn’t get any more beautiful than that.”
I must say that “soccer”, at least in how it is played these days in the English Premiership, tests my loyalty due to the real and alleged antics of the players as much as anything. Further afield, I am still spellbound by such players as Barcelona’s residing genius, Lionel Messi, but in general, I am not as much interested in soccer as I used to be. As a result of my general soccer fatigue, I have become more interested in following rugby union and cricket (it helps that England is playing good cricket at the moment; not so the rugby guys). As for American football, I have never really watched it much (I went to a game in Texas in 2004 but that was about it).
As for other sports and events, I can admire the courage and physical endurance of those taking part, such as horse racing jockeys, Tour de France cyclists and the downhill skiers. I can admire a gladiatorial game of tennis between such giants as Federer and Nadal, or, for that matter, watch nervously as a great golfer slugs it out on the greens against a rival. And non-PC though it is, a great boxing match can hold me in its thrall. For me, there are a whole group of sports that I like, and for different reasons. I like watching certain motor sports, but that is more a “spectacle” where the whole event – scenery, noise, colour and adrenalin – come together (as in Le Mans, which I attended this year with a bunch of friends).
“I am not one of those who have ever flattered the people, or striven to win favour by telling them that from the Crown or from Parliament that could be got which could not be got from themselves, by themselves. I would impress upon you this. What the State gives to you, the State takes from you first; it further charges you with the cost of collection, and with the cost of distribution. Better by far that you should save for yourselves and spend for yourselves, than put into the purse of the State your earnings of which only part can at best come back.”
– Charles Bradlaugh, 19th Century British parliamentarian and campaigner on issues such as rights of non-believers, contraception, the case against the monarchy, and as this quotation shows, an opponent of socialism. The quote is taken from a review of a book about Bradlaugh by Bryan Niblett, who is known to some of us at Samizdata. Bryan is an Objectivist (as in an admirer of the philosophy of Ayn Rand) and has worked for many years as a private arbitrator concerning areas such as intellectual property. A very good and smart man all round, in fact.
Every so often, when I hear people tell me that the Cold War is a long-lost issue and that we need to “move on”, to use that cant expression, I remember that there are, unbelievably, people out there who still think that the Soviet Union and its empire was a benevolent force and no worse than that of the NATO alliance that successfully helped to bring it down, and who therefore regard people who helped thwart the Soviet regime, like Vaclav Havel, as bad men. Case in point is this creature by the name of Neil Clark, writing in the Guardian newspaper:
“No one questions that Havel, who went to prison twice, was a brave man who had the courage to stand up for his views. Yet the question which needs to be asked is whether his political campaigning made his country, and the world, a better place. Havel’s anti-communist critique contained little if any acknowledgement of the positive achievements of the regimes of eastern Europe in the fields of employment, welfare provision, education and women’s rights. Or the fact that communism, for all its faults, was still a system which put the economic needs of the majority first.”
Absolutely. Presumably, that explains why there were millions of downtrodden, poor people attempting to enter the Soviet Empire from such hellholes as West Germany. That explains why East Berlin erected the Wall, to contain the flood of people trying to enter it. Yes, that must have been the reason. (Sarcasm alert).
I guess the fact that the Soviet System created a two-tier society: the Party and Everyone Else, must have escaped Mr Clark’s gimlet-eye attention. Perhaps the Gulag, the shootings of political opponents, the construction of the White Sea Canal (with slave labour), etc, were in fact all features of ensuring that the “needs of the majority” came “first”.
For what it is worth, on a more theoretical level, the horrors of collectivism can be summed up in Marx’s dictum: “From each according to his ability, to each according to his needs”. For if you believe that the needs of the majority trump such pesky issues as rights or liberties, then so much the worse for such liberal principles. But in practice, of course, the history of the Communist world was littered with stories of shortages, famines and shabby, crappily produced goods and services.
I had actually forgotten about Neil Clark’s existence. Alas, his ghastly prose now comes back to haunt me. I remember reading about this character about five or six years ago, when writers such as Oliver Kamm and Stephen Pollard tore this man’s sophistries to pieces.
Thanks to Michael Blackburn for the pointer. Christina Odone also rubbishes Clark.
And here is a useful roundup of links for deniers of socialist brutality. Clark makes the list, unsurprisingly.
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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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