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]

And with one bound he was free – to compel

The investment strike is one the government would do well to bust, writes Michael Burke in the Guardian. When I read the headline I gave him the benefit of the doubt. The Guardian subs do not cope well with nuance. But the headline fairly represents the views of the man:

Since both the cause of the slump and the cause of the deficit are the same, the investment strike by firms, economically the remedy is very simple. Government policy should aim break that strike and release sufficient resources to fund an investment-led recovery.

I bet them fancy-pants government ministers are kicking themselves now they see how easy the solution is. You just redefine thousands of separate people and organisations not wishing to risk their money in the present economic climate as a ‘strike’. Then you break the strike.

Don’t knock Mr Burke’s logic – when the British government redefines pretty much any behaviour it does not like as ‘terrorism’ and then uses anti-terrorism powers to suppress it, the tactic seems to work just fine.

Islamic Pakistan has no need of scientists

It is said, probably apocryphally, that in rejecting an appeal for the great French chemist Antoine Lavoisier to be spared the guillotine, the revolutionary judge said, “The Republic has no need of scientists”.

The great Pakistani physicist Abdus Salam, the first Muslim to win a Nobel prize for science, has been written out of Pakistani history for being the wrong sort of Muslim, writes Rob Crilly in the Telegraph. Among the saddest aspects of this story is that when reading this I could not wholeheartedly join in with Mr Crilly’s wish that Professor Salam’s name should again be honoured in his homeland. While public and elite opinion in Pakistan remains such that it does not wish to claim a great nuclear physicist – and one of the architects of Pakistan’s nuclear weapons programme – as its own, better for the world that Pakistan gets its wish.

A reduction in the amount of eco-crap

World’s biggest eco-toilet scheme fails

Not that I wish to discount the idea of improvements to the current design of toilets entirely. One must not be too quick to pooh-pooh new ideas.

Twitter joke not menacing after all

The conviction of Paul Chambers for making an obvious joke on Twitter about blowing an airport sky high has been quashed in the High Court.

So someone in the justice system has a brain cell to call his own. Pity the case had to get as far as the Lord Chief Justice, the aptly named Lord Judge in the job he was born for, before that person was found.

Tell you what is “clearly menacing”, though, if the future of liberty in this country means anything to you at all. The airport security manager who finked on Chambers to the police, the police who arrested him, the Crown Prosecution Service lawyers who prosecuted him, the magistrate who first convicted him, and Judge Jacqueline Davis who refused his initial appeal all still have their heads attached to their necks.

I jest.

Probably.

eBay and Paypal won’t let me give them back their money

As I do tire of pointing out, belief in the free market no more obliges you to approve of every single transaction than belief in free speech obliges you to approve of every word spoken.

The eBay account of our very small business was hacked into recently and a bunch of non-existent stuff sold in our name. The direct results of this have been sorted out and the victims of the scam repaid. However at some point eBay and/or Paypal (Paypal is a subsidiary of eBay) wrongly compensated us for some of these “purchases”. Our Paypal account currently has coming up to a thousand pounds more in it than it should have. Do Paypal want to know? No they do not. There is something wrong with a company so complacent that it cannot even rouse itself to take back its own. To be fair, the young Irish people I talk to when I ring up Paypal try to help. If my customer service experience stopped there it would still be ghastly because all possible customer service experiences in all possible worlds are ghastly but it would be ghastly in a comparatively good way. Unfortunately they do not have the authority to relieve me of the burden (it is a burden) of nearly a thousand quid, so they pass the buck to eBay central, over in one of the lesser circles of Hell staffed by resentful demons who failed to qualify as incubi and succubi. Their task is to choose whichever of six formulaic replies bears least resemblance to the actual situation and email it to me overnight.

eBay and Paypal could do with some competition.

“It’s why I’m dangerous”

Who’s the coolest? Terry Deary, the author of “Horrible Histories” or Lars the Emo Kid?

Deary: “Attack the elite. Overturn the hierarchy.”

Lars: “I’ve got so much passion in my body that I just wanna … kill you!

Deary: “I started challenging authority at school, really, and just kind of never stopped.”

Lars: “I’m just so complicated that you’d never understand me.”

Deary: “It’s why I’m dangerous; inculcating rebel ideas into the minds of innocent young people using humour.”

Lars: “I got the cops called in on me last week because I walked outside with a gun and professed my love to a flower.”

Thanks for doing Horrible Histories, Mr Deary. As I said in 2005, when my then eight year old son asked me “Who is your favourite Habsburg?”, I knew that was £200 we could afford after all. He literally read those magazines to pieces; we still have them in their free cardboard holders, and the best-loved issues are reduced to stacks of flaky individual sheets of paper, like illustrated filo pastry.

Furthermore, Mr Deary, I have a lot of sympathy with your views on education and its ruination by twonks in government, or would if I thought you meant them, though could I just add that it is not without the bounds of human variety for trigonometry, chemistry or French to turn out to be “the skills you are going to need.” Now please stop being such a poseur. You are not Han Solo. Lars is cooler than you.

The most nauseating article I have ever read in the Guardian

‘I don’t regret outing Anderson Cooper’ by Brian Moylan

Curfew in Bangor

North Wales Police have issued a (probably illegal) “dispersal order” banning unaccompanied teenagers from Bangor in the evenings. They say it is not a blanket ban. The words of the order say it is.

Ellie May O’Hagan opposes it because it makes teenagers feel bad, and because it would have made her feel bad when she was a teenager:

For the 13-year-old me, a curfew would have meant more isolation, more casting adrift, a stronger sense that the town in which I lived didn’t really care about my place in it. I might have felt frustrated that a lack of youth services forced me on to the street, and then that my presence there automatically made me deviant. Then I might have decided not to care about a city that didn’t care about me.

Keith Towler, the Children’s Commissioner for Wales opposes it because it makes people have bad feelings towards teenagers:

“It demonises under 16s, isolates them from their communities, alienates them from police and spreads the misconception all young people are troublemakers.”

There is talk of the Equalities and Human Rights Commission opposing it because it is discrimination. At least they won’t have far to toddle. The EHRC has an office in Bangor.

I am glad all these worthies and unworthies oppose the curfew. It needs opposing. But it saddens me that nobody opposes it on the grounds of how dare they. How dare they stop people who have committed no crime from walking or standing in the public street? In the case of a shopping centre or a nightclub I vehemently support the right of the proprietors to exclude whomsoever they wish. I also support, if more cautiously, the right of small areas to set local rules and covenants as to whether alcohol is permitted, rules about noise and similar constraints. But North Wales Police have exactly as much a right to expel teenagers from a public space as North Wales teenagers have a right to expel the police.

This sounds rather vindictive. I like that.

Bob Neill MP, Parliamentary Under Secretary of State for the Department for Communities and Local Government, has written to all local authority leaders.

Yes, I know, be still my beating heart, a post about local government. I will try to keep it brief and malicious, like Bob Neill’s letter.

Remember how John Prescott’s Standards Board for England curbed freedom of speech for local councillors under the guise of “standards”?

Remember how its supposedly reformed local sucessors demanded that councillors “show respect and consideration for others”? This meant, for example, that John Dixon, a Cardiff councillor visiting London who tweeted while passing the Scientologist church in Tottenham Court Road that he just hurried past “in case the stupid rubs off” was reported to the local Standards Board. He was cleared, but as so often, and as the Scientologist who reported him knew very well, the process is the punishment.

Well, the local Standards Boards have in their turn been abolished and new rules come in tomorrow. I have not studied them in detail and am slightly less likely to do so than to gnaw off my own legs. They will probably go bad in their turn. The new rules, not my legs. But just for today, I find myself happy about this part of Bob Neill’s letter:

However, given the importance that the new arrangements are, and are clearly perceived to be, a wholly fresh start we are minded to make further provision so that any former member of a standards committee appointed under the transitional arrangements as an independent person can hold that office only until 30 June 2013.

So we bid farewell today to some quangocrats. And just for once the revolving door that smoothly glides in front of such people as it leads them from one sinecure to the next has stuck.

Nuke the entire court from orbit. It’s the only way to be sure.

No, I don’t mean the US Supreme Court. The lads were doing their best. If they got a bit obsessed on the question of whether Obamacare was constitutional rather than whether it was a bad idea, you can’t really blame them. Obsessing on constitutionality is what they are paid for.

The court that is pre-eminent among the “many, many things in this so-termed civilization of ours which would be mightily improved by a once over lightly of the Hiroshima treatment”, as Robert Heinlein once put it, is Doncaster Crown Court, particularly when presided over by Judge Jacqueline Davies. It was she (styled ‘Her honour Judge Jacqueline Davies'”) who in November 2010 found against Paul Chambers in his appeal against conviction for “menace” for jokingly saying on Twitter that he was going to blow up an airport if it did not reopen quickly enough after being closed by snow. He did not say this to anyone at the airport, I remind you, he said it to the internet friend he was flying to meet. Then some security loser decided to reenact the story about the old woman who rings up the police to say her neighbour is standing naked at his window. If you recall, the cop asks sympathetically whether she is very shaken up. “Dreadfullly,” she says, “I was so shocked when I saw it, I nearly fell right off the stepladder.” Only this time the police thought the joke would end better with an arrest.

Supported by, among many others, the comedians Stephen Fry and Al Murray – good for them – Paul Chambers has appealed again and a High Court hearing was held yesterday. Judgement has been reserved for a later date. Now it is our turn on this side of the pond to get tense about a judicial decision affecting liberty.

Just warning you guys….

You’ve got a week and a bit to get your shit together, otherwise I’m going to be sure. From orbit.

Sexual and financial privacy and the bully pulpit

How rightly horrified people would be if a prime minister were to publicly “name and shame” someone for sexual behaviour that he, the prime minister, found “morally repugnant” but which was not illegal. For the first couple of decades after its decriminalisation in 1967 homosexuality would have fallen in that category in the opinion of most British adults. Adultery still does fall into that category. I am pretty sure Cameron claims to find adultery morally repugnant, so let us hear his reasons for not making public denunciations of all the adulterous celebs out there in the same way that he has denounced Jimmy Carr for tax avoidance. And if it is right for him to denounce adulterous celebrities he should also denounce adulterous cabinet ministers and Tory donors, of course. If he would recoil from this course (and to be fair, he probably would) then he ought to be able to understand what is wrong with the man given the highest power in the land publicly denouncing as immoral the legal financial behaviour of a named individual.

The Times‘s behaviour in this affair has been disgusting, too. By all means write features denouncing tax avoidance – personally I think tax avoidance is morally neutral at worst, and more often good, but I recognise that opinions differ – and I would say that using already-public sources such as company accounts to expose the behaviour of individuals to public hostility is within the rights of a free press even when my sympathies are with the person exposed. One citizen slagging off another citizen is a very different thing from the prime minister slagging off a citizen. But the witchunting smirk of the Times‘s coverage makes me sick. Celebrity exposés for the people who think they are above celebrity exposés. And the witchunting howl of the Guardian‘s coverage as its writers scrambled like hyenas for the scraps left over from the Times‘s kill make me even more sick. These are the same people who were so high-minded about the press intrusions into privacy cited at the Levenson enquiry.

The original meaning of “bully” in the phrase bully pulpit was merely “wonderful”, i.e. that high office gave the holder a wonderful high platform from which he could reach a wide audience with his sermons. Nonetheless I have little doubt that from long before the time President Theodore Roosevelt first coined the term the bully pulpit has been used for bullying in the modern sense. The very fact that a prime minister or president potentially has the power to do harm to a private individual ought to clamp shut the leader’s mouth. No such scruples stopped Tony Blair from joining in the mob that got Glenn Hoddle fired from his job as England football manager for his religious beliefs, but then Cameron always has said he was the heir to Blair.

Decent silence ought to be kept by the great even more firmly in the case of a private citizen’s tax matters than in sexual matters or matters of belief, because a modern democratic state has largely ceased to employ mutaween or inquisitors (“diversity advisors” aside), but it does employ an army of tax collectors, and the prime minister or president is at the head of that army. A responsible ruler would be horrified by the thought that a careless word against an individual might well cause servile tax officials to attempt to win the ruler’s favour by focussing on that individual.

Scandalum magnatum

From Media Law by Geoffrey Robertson, Q.C. and Andrew Nicol, Q.C., I quote:

The arcane offence of scandalum magnatum was created by a statute of 1275 designed to protect “the great men of the realm” against discomfiture from stories that might arouse the people against them. The purpose of criminal libel was to prevent loss of confidence in government. It was, essentially, a public order offence, and since true stories were more likely to result in breaches of the peace, it spawned the aphorism “The greater the truth, the greater the libel.” Overtly political prosecutions were brought in its name, against the likes of John Wilkes, Tom Paine and the Dean of St Asaph. Truth is not a defence, unless the defendant can convince a jury that publication is for the public benefit. The burden of proof lies on the defendant, who may be convicted even though he or she honestly believed, on reasonable grounds, that what was published was true and a matter of public interest.

Some of our readers are learned in the law of the land. I appeal to you, find a way to bring a prosecution against divers great men of the realm, to whit David William Donald Cameron and Daniel Grian Alexander. Should not the law apply equally to great and small? Find grounds to bring suit against Cameron and Alexander for their criminal libel against James Anthony Patrick Carr, against whom said Cameron and Alexander, abusing their office, did arouse the fury of the mob despite Carr having broken no law.