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King George III’s troops and excise men outraged many of the colonialists (AIUI) with their searches and seizures, leading to the Fourth Amendment to the US Constitution.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Back in old England, no such definitive right exists, so the Queen’s men may find you not so secure in your person, and may make ‘unreasonable searches and seizures’, you might conclude.
I call my first ‘witness’:
A prisoner suspected of hiding drugs by swallowing them has been sent to hospital after managing not to defecate for nearly seven weeks.
#Poowatch ends in VICTORY for suspected drug dealer as he’s released on bail after 45 DAYS without going to the toilet
Yes, the unfortunate Mr Lamarr Chambers was held as a prisoner for 45 days by Essex Police, hoping that he will drop himself in it, as it were, as he was suspected of having swallowed an item which would eventually emerge, and which might incriminate him on drugs charges (and I note, we don’t have a Fifth Amendment here either, but we do have some rules of evidence against self-incrimination).
The story so far:
The 24-year-old from Brixton, South London, was held on January 17 and appeared in court the next day.
At that hearing, and in seven subsequent hearings, the court authorised the further detention of Mr Chambers under section 152 of the Criminal Justice Act 1988 to enable him to pass drugs he was suspected to have inside him.
So a Court has authorised this epic buttock-clenching saga, under legislation dating from Mrs Thatcher’s period in office.
However, the police, presumably feeling themselves up against a brick wall, relented.
On Monday the decision was taken by Deputy Chief Constable BJ Harrington, following medical and legal advice, to release Mr Chambers from custody.
The Crown Prosecution Service discontinued the charges against Mr Chambers in relation to possession with intent to supply a Class A drug and driving matters.
He was immediately rearrested on suspicion of being concerned in the supply of a Class A drug and released on bail and then taken by police car, in company with a medical professional, to hospital for treatment.
I can’t help but be disgusted by a country in which a police force can comment on Twitter about a prisoner’s bowel movements, or lack thereof.
Perhaps we need a change in the law? No holding people until evidence emerges, but charge on the evidence lawfully and properly gathered.
Or perhaps Mrs May might suggest that the Crown will be able to seek a writ of habeus caco, ordering a prisoner to defecate?
I suspect that there’s only one thing Mr Chambers needs now more badly than the Fourth Amendment.
And what do the police say?
‘We will also not shy away from talking about the unpleasant truths that go hand in hand with the drug dealing lifestyle, from the violence often perpetrated by those involved to the expectation on dealers to “plug” drugs to avoid capture.’
I find a police force watching a man 24-hours a day for 45 days to see him defecate (on these allegations) far more unpleasant a truth, a truth about the state of freedom in Britain today.
A senior English police officer has called for children of extremists to be taken away from them.
Terrorists should have their children taken off them in the same way that paedophiles do, Britain’s outgoing top anti-terror policeman has said.
Assistant commissioner at the Metropolitan police, Mark Rawley, said that children of terrorists were exposed to environments equally as “wicked” as victims of paedophiles were and so should be afforded the same protection.
In his valedictory speech, he told the Policy Exchange: “If you know parents are interested in sex with children, or if you know parents believe that people of their faith or their belief, should hate everybody else and grow up to kill people, for me those things are equally wicked environments to expose children to.”
Meanwhile, far away in Argentina, the Grim Reaper has finally called for one of the old ‘Dirty War’ Generals, Luciano Benjamín Menéndez (cousin of the clown who was ‘Gauleiter’ of the Falklands in 1982 until some Paras, Guards, Marines and Gurkhas et. al. turned up).
Menéndez, also known as “The Hyena,” was the military commander of ten Argentine provinces from 1975 to 1979.
Some 30,000 people are estimated to have been killed by the military in its infamous Dirty War against dissidents.
Menéndez was also convicted for abducting children from detained anti-government activists and giving them up for adoption.
The children were often adopted by families of military officials, who strived to give them a non-communist upbringing.
The Montoneros were a murderous bunch for sure. But why does a senior English police officer think it is appropriate to imitate a South American Junta?
10 ‘Conservative’ Councillors (of the 12 complement) on the Town Council in the little town of Desborough in Northamptonshire have resigned after an apparent hostile response to a 400% tax rise imposed by the local council, and there is an alleged undercurrent of unpleasantness in the local reaction, perhaps the spirit of Poujard lives on.
The BBC tells us:
Desborough Tory councillors’ mass ‘bullying’ resignation
Well, who is the bully?
Is it the Council for ramping up tax by 400% from £19.10 to £96.98 per year on those who have to pay, with the sort like the Chairman, Councillor Pearce, of whom it is reported:
Ms Pearce… …said “with hindsight we perhaps should have sent out some kind of warning it was coming”.
and then went on to say:
“But I absolutely whole-heartedly believe it was the right thing to do and I would do it again tomorrow in a heartbeat,”
That’s a ‘Feck you!‘ if ever I heard one, and which I assume is a reference to the true costs coming through after some financial juggling used to disguise the costs of the Council ended (more like that later). And the article goes on, Ms Pearce said that:
she was “shocked by the ferocity” of the reaction.
“My husband’s taken abuse on Facebook. I’ve had comments made to my eldest child who’s only 15. I’ve had people try to stop children playing with my nine-year-old daughter.
So a frank expression of views and voluntarily withdrawing social interactions is shocking when you start robbing people under colour of law?
Her observation?
“They didn’t ask for that and they don’t deserve that.”
I think that is exactly what the residents are telling you, Madam! Action and re-action, this is not bullying, it is intra-election consultation.
For our more international readers, this council is about the smallest unit of local government that can levy taxes, and this council probably doesn’t need to exist, it can add a local ‘precept’ onto the taxes levied by the other local authorities, (4 layers are possible, 3 with taxing powers), all of which is loaded onto the ‘Council Tax’ bill that households pay, overall bills can be in the region of £1,200 to £2,000+ p.a.
To the resigning Councillors, I say ‘Oh dear, how sad, never mind‘, and count yourselves lucky that you live in such temperate times.
Meanwhile, at a County level, the County Council for Northamptonshire have spent £53,000,000 on a new headquarters, and in true Parkinson’s Law fashion, with the new HQ, matters have started to disintegrate, with spare money running out, so they have had to go to the government and tell them that they have cocked things up and run out of discretionary money to spend.
So having moved into a new HQ in October 2017, they are now looking to sell it to keep themselves going (by which they mean ‘sell it to a company who will lease it back to them, so that they can squander the capital and saddle locals with rent charges’ rather than ‘downsize and cut costs’). It’s just as well that the entire County is not rising up to berate the County Councillors, but perhaps the whole thing is too complicated and remote for people to care.
But at least the spirit of Poujade stirs from time to time, the BBC might think like Durin’s Bane, but actually more like Beorn. There is hope yet in England. And the Sage might wish to maintain a discretion on this one.
Edit: an erroneous ‘r’ removed, my apologies to the Gods of Accuracy, Spelling and M Poujade, and my thanks to Appianglorius, the price of accuracy is eternal vigilance, its true.
There is an argument, I think, for having people who want “a strong leader” shot immediately on the basis that it will save the dictator time later.
– David Aaronovitch, discussing these findings by the Pew Organisation in The Times (£). Unlike Pew, neither Mr Aaronovitch nor I find it very comforting that only – only! – 26% of the UK population thinks “a system in which a strong leader can govern the country without interference from parliament or the courts would be a good way of governing this country”.
“The secret of happiness is freedom. The secret of freedom is courage.”
– Thucydides
This quote appears in an article pointing out that present UK Conservative Party seems to have more or less given up on making the case for liberty.
From the beginnings of recorded thought, intellectuals have told us their activity is most valuable. Plato valued the rational faculty above courage and the appetites and deemed that philosophers should rule; Aristotle held that intellectual contemplation was the highest activity. It is not surprising that surviving texts record this high evaluation of intellectual activity. The people who formulated evaluations, who wrote them down with reasons to back them up, were intellectuals, after all. They were praising themselves. Those who valued other things more than thinking things through with words, whether hunting or power or uninterrupted sensual pleasure, did not bother to leave enduring written records. Only the intellectual worked out a theory of who was best.
– Robert Nozick. This essay is several years’ old and it remains in my view one of the very best explanations of why universities and other such places are full of persons so hostile to the open market economy. Given current angst over why so many young graduates, especially in fields such as the arts, are all keen on the likes of Jeremy Corbyn, its certainly worth thinking through.
The best way to make people bad and poor is the illiberality of communism and fascism, and even the slow if sweet socialism of over-regulation. Women among the theocratic despots of Saudi Arabia are quartered at home, unable to flourish so much as driving an automobile. The economic nationalism of the new Alt-Right is impoverishing, and anyway closes us to ideas from the wide world. If betterment is slowing in the United States — a widely held if doubtful claim — we need the betterment coming from newly enriching countries such as China or India, not cutting ourselves off to “protect jobs” at home. Protectionist logic would have us make everything in Illinois or Chicago or our local street. Breakfast cereal. Accordions. Computers. It is childishly silly as economics, though stirring as nationalism.
– Deirdre N. McCloskey
Seen online:
When America elects people, they’re not electing their best. They’re not electing you. They’re electing people that have lots of problems, and they’re bringing those problems to us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.
I’m more than a little sick of people quoting Churchill (and generally mangling the quotation badly) in discussions about democracy as though his famous remark on the topic was a substitute for clear thinking.
Blithely saying “yes, it’s the worst form of government… except for all the others! hahaha!” doesn’t really lend any new information or depth to a discussion about legal systems, decision making and institutions.
Indeed, bringing up the quotation seems to often be a way of de facto avoiding meaningful in-depth discourse rather than a way to illuminate discourse. Perhaps I’m excessively caricaturing here, but one almost imagines the subtext as: “Ha, ha, yes, isn’t it funny and uncomfortable that this goddess I worship, Democracy, is such a fickle and awful violator of my trust. In fact, so deep is my devotion to Her in spite of Her terrible behavior, and so uncomfortable is this realization that my devotion may be misplaced, that I’d rather not have this discussion at all. So, how about the baseball playoffs?”
This is not useful. Turning away from a problem that makes you uncomfortable doesn’t fix the problem, it just perpetuates it. I recognize most people don’t agree with my view of the necessity, morality or efficacy of having a state, but even among those of you with the mainstream position on that topic, there is a lot of legitimate, and even important, discussion to be had here.
For example, there is always a central question about goals versus methods. That is to say: is the point to have as good a set of laws and as well managed a legal system as possible, with voting being used as a tool to try to achieve that, or is the notion that the maximally faithful expression of the general will is in itself the goal?
If it is the latter, of course, one must accept the idea that at intervals “the people” will vote for censorship, suppression of minorities, genocide, and even worse. If it is the former, then voting is a decision making process, and one must ask, really ask, if it is truly so important that one make sure that every last person, no matter how uninterested, uninformed, or frankly stupid, should get their input into the decisions being made?
As just one more of many example of this: the drafters of the U.S. constitution (and we know this because we have their writings) feared the very sort of Imperial Presidency we’ve developed. They wanted a very limited Presidency, and they wanted the President to be elected quite indirectly. Indeed, at the start of the U.S.’s experiment in government, the Electoral College was a meaningful body, and the Electoral College members were often chosen by state legislatures and not even directly by the people. This was specifically intended to impede the potential for large, ignorant mobs to have too much of a hand in the selection of the President.
Now, if your goal is to give “the people” as much say as possible in the selection of the President, well, this probably seems like a bad thing, and indeed, the electoral college would seem like an institution to be subverted or defanged to the greatest extent possible. If, on the other hand, you are trying to make sure that on average the decision made is reasonable (though perhaps not a particularly imaginative or interesting one) and that extreme decisions (especially extremely bad ones) are very unusual to impossible, this choice makes considerably more sense.
When people whip out the old “democracy is terrible except for everything else!” chestnut, and wink at you, what they’re ultimately doing is impeding thinking about this sort of thing, and certainly impeding having a meaningful discussion about the available points in the design space for institutions. Don’t be one of the people who quotes it as a substitute for having a real conversation.
(BTW, as an aside, most people get the original Churchill quotation badly mangled. It was:
Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time.
That comes from a speech before the House of Commons on November 11, 1947. You will note that he’s far less glib than the average person misquoting him.)
What is “Social Reform”? Social Reform is the idea that increasing government spending and/or regulations reduces poverty or other “social ills” (sickness and so on) and it is the idea that has dominated British thinking since the late 19th century. Liberal Party “Radical Joe” Chamberlain of Birmingham (so beloved by Prime Minister May) outlined his program of using government to improve life (the central idea of “Social Reform”) in 1865 – but Liberal Party Manchester had already taken over such things as the provision of water and gas and undertaken various other “Social Reforms” in the years after the Act of 1835 set up modern local government in the cities and towns, replacing the old “Closed Corporations” – apart from in the one-square-mile City of London that has kept its Closed Corporation to this day.
Conservative Party Prime Minister Disraeli made it compulsory for local government to do about 40 Social Reforms (i.e. perpetual government spending functions) in 1875 – whether local tax payers wanted this or not. And J.S. Mill stated in 1848 (in his “Principles of Political Economy”) that “everyone agreed” (by which Mr Mill meant that he and his friends agreed – no opponent counted as part of “everyone”) that local government should do X,Y, Z, to help the people. Liberal Party Prime Minister Gladstone agreed in 1870 that School Boards be set up in most of the country (some towns, such as the one I am sitting in, refused to have one – but were forced to have one some 20 years later) to build state schools on the Prussian model – although denying they would be like the Prussian schools. And Conservative Party Prime Minister Disraeli put unions above the Common Law in 1875 – by allowing “picketing” (obstruction) and giving the unions immunity from some claims of civil damage. This was part of the theory that wages and conditions of work should not be determined by the market (by supply and demand) but by “collective bargaining” – basically (as W.H. Hutt explained in the “Strike Threat System”) of “give us what we want – or we will not allow people to go in or our of your place of business, at least we will make it very difficult for them to do so”. Conservative Party Disraeli was a Social Reformer – he had no love for “capitalists” believing (or half believing) that they “exploited” people, and Liberal Party Mr J. S. Mill had much the same opinion (indeed a more radical one) – longing for the day when workers co-ops would replace the “capitalists”.
Since about 1870 the British state has grown – not just spending more money, but spending more money even as a proportion of the economy (leading to a rise in taxes over time). In the early 19th century the state, at least as a proportion of the economy shrank – since the 1870s it has grown. Also the early 19th century witnessed deregulation – the repeal of various restrictions and edicts. From the 1870s onwards there has been a massive increase in regulation – with the state seeking to control every aspect of life, much the like the last years of Queen Elizabeth the First when there was an orgy of statute passing, often quite demented statutes such as the “Statute of Artificers” which tried to make everyone follow the occupation of their parents, there were also attempts to tie people to the parish of their birth and other throwbacks to the late Roman Empire (the Emperor Diocletian and all that).
→ Continue reading: British, indeed world, politics is dominated by the idea of ‘Social Reform’ – and this is an idea which violates basic economic law
Turning to communism for fear of fascism is like suicide for fear of death
– Perry de Havilland.
Sadly, it is time to recycle this one yet again it seems.
German “Historicism” (whether of the “right”, Hegel, or the “left” Karl Marx) and American “Pragmatism” (Charles Pierce, William James, John Dewey….) are very different philosophies (very different indeed) – but they have some things in common which lead to some similar results. They both deny objective and universal truth – the Ralph Cudworth or Thomas Reid thinking of “We hold these truths to be self evident….” of the American Declaration of Independence and the philosophy of the Bill of Rights. Made most obvious by the Ninth Amendment – indeed the Bill of Right is clearly compiled in the wrong order, the Ninth Amendment should be the First Amendment and the Tenth Amendment should be the Second Amendment – read it and it should be obvious to you.
German Historicism holds that different “truths” apply to different “historical periods” and to different “races” and “classes” – perhaps the only answer that such a relativist philosophy deserves is the one that such men as Erik Brown, “Mad Jack” Churchill and Audie Murphy gave it. But there are books that refute it, for example Carl Menger’s “The Errors of Historicism” (1883 – specifically on the German “Historical School” of economics and its denial of the universal and objective laws of economic truth), “Human Action” by Ludwig Von Mises, and “The Poverty of Historicism” by Karl Popper.
→ Continue reading: German Historicism and American Pragmatism are very different philosophies, but they have some similar results
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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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