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

I’ve yet find an area that I’ve studied extensively where the arguments justifying the state stand up to historical evidence. I think the state’s takeover of these aspects of human life occur for different reasons than the reasons currently given for the state in those areas, and that what we see is a lot of ex post rationalisation to justify the state. I haven’t looked at every area, and certainly may find some where I wouldn’t make that argument. But I have yet to find one.

Bruce L. Benson (one of the speakers at the LA/LI Conference last weekend) talks about his work to Patrick Crozier – the whole thing lasts a little over 15 minutes

Two recorded conversations – about Sean Gabb and about modern architecture

I say “recorded conversations” because I never know quite what the definition of a ‘podcast’ truly is. Is it a podcast if you just record it and sling it up at your own blog? So anyway, yes, I have recently done a couple of these.

First, I recorded Antoine Clarke and me having a discussion about the thinkings and writings of Sean Gabb, and person often mentioned here. We are, and accordingly were, somewhat critical. Blog posting by me here.

Second, Patrick Crozier recorded him talking with me about modern architecture, “Modern Movement” architecture, skyscrapers, horrible housing estates etc. Blog posting by Patrick here.

Both last about 40 to 45 minutes. If you have that kind of time to spare, enjoy.

And, Patrick Crozier and I have fixed to do another one of these things next week on the subject of Northern Ireland. Peace (so far, touch wood etc.) may not generate news, but we think it deserves to be at least talked about. I will certainly be re-reading the comments on this posting here before doing that.

The mechanism by which the Total State is being built

I have argued in the past that violent repression, gulags and mass murder are not in fact the defining characteristics for a state to be ‘totalitarian’. The defining characteristic is, as the word itself suggests, that control over people be pervasive and total… mass murderousness, goose-stepping troops, waving red (or whatever) flags are merely an incidental consequence and which can be better described in other ways (such as ‘tyrannical, murderous, dictatorial, brutal, national socialist, communist, islamo-fascist etc.).

As a result my view is that we in the west are already well on the way to a new form of post-modern totalitarian state (what Guy Herbert calls ‘soft fascism’) in which behaviour and opinions which are disapproved of by the political class are pathologised and then regulated by violence backed laws “for your own good” or “for the children” or “for the environment”.

And so we have force backed regulations setting out the minutia of a parent’s interactions with their own children, vast reams on what sort of speech or expression is and is not permitted in a workplace, rules forbidding a property owner allowing consenting adults from smoking in a place of business, what sorts of insults are permitted, rules covering almost every significant aspect of how you can or cannot build or modify your own house on your own property, moves to restrict what sort of foods can be sold, what kind of light bulbs are allowed, and the latest one, a move to require smokers to have a ‘licence to smoke‘. Every aspect of self-ownership is being removed and non-compliance criminalised and/or pathologised.

The person suggesting this latest delightfully totalitarian brick-in-the-wall, Professor Julian le Grand, says some very telling things:

“There is nothing evil about smoking as long as you are just hurting yourself. We have to try to help people stop smoking without encroaching on people’s liberties.” […] But he said requiring them to fill in forms, have photographs taken in order to apply for a permit would prove a more effective deterrent.

No doubt Julian le Grand thinks that makes him seem reasonable and sensible, because he does not want people to have their civil liberties encroached upon… and he then proceeds to describe how he would like to do precisely that in order to ‘deter’ you from doing what you really wanted to do.

The reason for this seemingly strange approach is simple to understand because to the totalitarian, something does not have to be ‘evil’ to warrant the use of force to discourage it, you merely have to have (a) coercive power (b) disapprove of another person’s choices regarding their own life. That is all the justification you need, simply the fact other people are not living the way you think they should, in your presumably infinite wisdom.

Notice how coercive actions imposed by state power are described as ‘helping’. We will force you to pay more, force you to go to a doctor…but we will throw your arse in gaol if you dare try to circumvent our unasked for ‘help’.

The ‘paleo-totalitarian’ simply uses force if you disobey, no messing about… however the post-modern totalitarian prefers to add a morally insulating intermediate step that allows his kind to talk about ‘civil liberties’: first he gives you a nice regulation to obey and only if you dare not comply with that do the Boys in Blue get sent to show you the error of your ways.

I can think of quite a few ways I would rather like to ‘help’ Julian le Grand and his ilk in order to mitigate their pathological need to interfere with other people’s lives. All for the greater good of society, you understand.

A straw man

The other day I encountered this argument, which I failed properly to swat away and as a result, got rather rude to my interlocutor and he went off in a huff (sorry about that mate). What he said that made me go red was this:

“You libertarians keep banging on about the terrors of regulation. Yet you also slag off massive lawsuits and things like that. But if you want to get rid of huge payouts for things like people suing for damages, you need regulations. So why are you so hostile to them?”

As I pointed out, this is what is called a straw man argument.. Such “arguments” hold up a false, or in some cases deliberately false and weak, version of a point of view that a person wants to knock down easily (hence the “straw” bit). So let us fisk it.

First, I do not know any liberals or libertarians who argue that regulations are and always are a bad thing. Private sector bodies and voluntary associations of all kinds have them. A privately owned hospital, for instance, would regulate the behaviours of people who entered the premises. Why? Because that hospital would not want its reputation and bank account to be wrecked by outbreaks of disease, which lead to nasty insurance payouts. So it is in the self interest of said institutions to operate regulations, and more important perhaps, to be seen to do so. Another case is the London Stock Exchange. Long before modern financial regulators like the Financial Services Authority came along, the LSE was founded (back in the 18th Century, I think) and it had rules, albeit not always formal ones, but rules nonetheless (“my word is my bond”, etc). Trust is the key. And if you do not have trust, and have ways of enforcing said, then networks of commercial or other transactions do not work so well. So let us dispose of the canard that classical liberals are agin regulations. They are not. What we are against is one-size-fits-all regulations imposed heedlessly by the state. This is the crucial thing. Regulations, to be useful, need to be tried and tested, and if need be, discarded. State regulations tend not to be like that, but rather resemble clumps of ivy climbing up the side of a tree. They are much harder to reverse.

Okay, so now we come to the idea that libertarians hate expensive lawsuits. I suppose it is true that we hate frivolous, massively costly lawsuits, by definition (and who does not, except lawyers?). But sometimes you need to have lawsuits because you will not always have perfect knowledge of the kind of problems that can arise. Take the example of the hospital again – its managers may not know about new diseases that can be transported into the building in unexpected ways. A lawsuit following a disaster may be the trigger for a new rule. In this sense, lawsuits, although unpleasant for those on the receiving end of them, act as a sort of discovery process about what sort of problems exist. Lawyers have their uses.

In other words, this is quite a complicated argument. I just will not make the same mistake of trying to explain it after two beers and a 13-hour day at the office.

First you pick off the people some of us dislike

It is interesting that the French government is now apparently seriously trying to stop people eating Ortolan, a delicacy I once tried some years ago (that said I ripped it apart rather than the traditional method of eating it whole). A small matter to be sure but It really does seem to me that the control obsessives like to pick on the people who have tastes or habits some despise, as a way to gradually control more and more aspects of civil society.

Smoking is another interesting example: wait until social attitudes mean smokers are not in the majority and only then use the force of law to repress the hard core. This dynamic is why I have often thought that people who are statists and also homosexuals, i.e. who are members of a group that is always going to be disliked by a significant portion of the population, are really quite stupid. There will come a time when they reap what they sow.

I suspect all of us do something that a lot of other people will dislike and there is an entire class of people out there who use that fact to convince ‘us’ to support the use of the state to “do something about that”.

A farmer laments

This essay, which I found while browsing the excellent website of Stephen Hicks, will resonate on both sides of the Atlantic.

As a farmer’s son, I sympathise with its message, but more optimistically, I’d argue that in some ways, life in the countryside is still a lot less regulated than in the towns, perhaps rightly, since when people live in close proximity and have to get along, more rules are required, if only tacit, rather than written, rules. But the sort of restrictions this farmer writes about are not caused by that sort of issue, but by the ongoing move by the state to regulate agriculture.

Cynics may argue that farmers have signed a Faustian pact with the state; they have accepted massive subsidies and can hardly be surprised if the providers of said increasingly demand to control the actions of the recipients. I agree with this. The sooner that the Common Agricultural Policy and its equivalents are obliterated, the better.

State security theatre

This is a public service announcement to save time for those who would rather get on with irrelevant vituperation and not bother digesting the point of my post: In a moment I’m going to say something positive about Gerry Adams.

First, consider this from The Washington Post:

The government’s terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list’s effectiveness.

A range of state, local and federal agencies as well as U.S. embassies overseas rely on the database to pinpoint terrorism suspects, who can be identified at borders or even during routine traffic stops. The database consolidates a dozen government watch lists, as well as a growing amount of information from various sources, including airline passenger data. The government said it was planning to expand the data-sharing to private-sector groups with a “substantial bearing on homeland security,” though officials would not be more specific.

….

Jayson P. Ahern, deputy commissioner for U.S. Customs and Border Protection, said focusing on arrests misses “a much larger universe” of suspicious U.S. citizens.

“There are many potentially dangerous individuals who fly beneath the radar of enforceable actions and who are every bit as sinister as those we intercept,” he said.

Gotta love those adjectives: “Potentially dangerous”, not “dangerous”. “Dangerous” would invite the question: How dangerous, exactly? And: What mayhem have these invisible pseudo-threats caused that the forces of security could not have created all by themselves? As for the visibly suspicious, the “sinister”, just how threatening they are is shown up by the US Customs and FBI’s own account – a “small” number of arrests, not necessarily related to terrorism, a number in the hundreds turned back at the airport. Which can happen even if you have been arrested without charge at some other time in your own country and didn’t realise that in consequence you need a visa.

Which brings us to Mr Adams. → Continue reading: State security theatre

… and some are contemptuous of it

I may not like utilitarianism, but I would suggest it is wrong rather than “outdated”. Roy Hattersley wants to keep utilitarianism but scrap, as for some (unclear) reason no longer applying, the constraint Mill put on the doctrine of respect for individual freedom.

Here he is in The Guardian on Monday:

Mill’s libertarian philosophy is based on two precepts that – despite having written an admirable essay on women’s rights – he always expressed with the use of male pronouns. The first principle asserts that “all errors which (a man) is likely to commit against advice and warning, are far outweighed by the evil of allowing others to constrain him to what they deem his good”. Only cranks believe that now. If it were a generally held view, we would not prohibit the use of recreational drugs or require passengers in the back seats of motor cars to wear safety belts. […]

Mill’s second precept makes a distinction between “the part of a person’s life which concerns only himself and that which concerns others”. In short, we are free to damage ourselves but are not at liberty to behave in a way that harms other people. The distinction was easier to make in Victorian Britain than it is today – though even in 1859, when On Liberty was written, subscribers to the cult of the individual grossly underestimated how much one human is dependent on another.

Gawd! I never thought to find myself inwardly nodding at that trite radical saw about it taking cranks to start a revolution. ‘Do what I say, because I say it is good for you.’ This is the creed of slavery.

In fact, in 1859, the year of On Liberty, the following appeared in The Spectator:

The intelligent, christian slave-holder at the South is the best friend of the negro. He does not regard his bonds-men as mere chattel property, but as human beings to whom he owes duties. While the Northern Pharisee will not permit a negro to ride on the city railroads, Southern gentlemen and ladies are seen every day, side by side, in cars and coaches, with their faithful servants. Here the honest black man is not only protected by the laws and public sentiment, but he is respected by the community as truly as if his skin were white. Here there are ties of genuine friendship and affection between whites and blacks, leading to an interchange of all the comities of life. The slave nurses his master in sickness, and sheds tears of genuine sorrow at his grave. When sick himself, or overtaken by the infirmity of age, he is kindly cared for, and when he dies the whites grieve, not for the loss of so much property, but for the death of a member of the family.–This is the relation which slaves generally, and domestic servants universally, sustain to their white masters.

There is a vast deal of foolish talk about the delights of freedom and the hardships of slavery. In one sense no one, white or black, is free in this world. The master orders his slave to work in a certain field, when he perhaps would prefer to go elsewhere–this is slavery. But is the master free to do as he pleases! Not so.–He is driven by as stern a necessity to labor with his hands or confine himself to business, as the slave ever feels.

Protected by laws and public sentiment. Respected by the community. Why should self-deternination be relevant, when we have modernisation? And unlimited public sentiment.

Some people really do hate freedom

And not just for other people, which is the usual way of things:

I am responsible. I think. I care. I hold myself back from all sorts of desires and wishes which are impulsive, brought on by the clamour and disturbance of this corrupt over-materialistic world we live in, separated from nature and in intense competition with each other. We live in a sick society which is not going to cure itself. Like small children, we need forcibly calming down, we need to be held to account, we need to ‘learn’.

You may find this deeply disturbing as a view. But then, I’m not romantic about our so-called ‘liberties’ as Henry Porter is. I’m not a sentimentalist about old-style ‘freedoms’.

A commentator on Henry Porter’s article Each DNA swab brings us closer to a police state on the Observer website. Depressingly much more where that came from.

The neo-puritans hate their own desires and the possibility of choosing between them. They think surveillance is good because ‘if you have done nothing wrong you have nothing to fear’, and they know you need watching in case you might do something wrong. They have bad impulses too, which by awful effort they control. The total control of the state – conceived as an undesiring arbiter of good – can relieve us of the burden of choice and keep us working for the good of society. It will free us from fear; because the freedom of bad people, who might be anyone, is what we have most to fear.

A modern Macchiavel

For those here determined to hate the BBC and all its works, here is a reminder that it does do some useful things. That it isn’t quite in the mould of the fawning state broadcaster found almost everywhere in the world. Along with a reminder that some would like it to be.

This week File on 4 did the first really serious, probing investigation into HM Government’s National Identity Scheme that there has been in any media yet. You can listen to it here, and it is full of fascinating things for the attentive listener.

The most extraordinary is this testimony from IT consultant Peter Tomlinson:

The meetings were called by people in the Cabinet Office. There were topics on the agenda that were set by people in the Cabinet Office and we kept on thinking: why are we not seeing people from the Home Office.

Why are we not seeing technical people from the Home Office, or people involved in technical management? Eventually they began to come along but they never produced anyone who had any technical understanding of large-scale systems. We were just completely puzzled.

This is the first really solid public evidence I have seen that the scheme really is [or was?] intended by strategists at the highest level as a complete population management system and revolution in the nature of government, rather than being one by accident. That it is the emanation of a philosophy of government. It is it is not always good to have one’s analysis confirmed. In this case I would prefer not to have been vindicated.

Remember Philip Gould? He’s one of those high-level strategists.

This is not some silly idea of the phoney left. It is a mainstream idea of modern times. It is a new kind of identity and a new kind of freedom. I respect the noble Lords’ views, but it would help if they respected the fact that the Bill and the identity cards represent the future: a new kind of freedom and a new kind of identity.

The philosophy is probably best summed up by a word from Foucault: governmentalism. Christopher Booker to the contrary, it is not a ‘mental’ creed of “The Mad Officals” but a pervasive pragmatism – using the natural history of humanity the better to shepherd it. The better shepherd is a member of the new innominate politico-bureaucratic class: maybe a civil ‘servant’, maybe a politician, maybe officially neither.

And just today a new example of the sage. A strategy memo has leaked to the Daily Mirror’s sharp political editor Kevin Maguire. Lord Gould allegedly writes:

No-one in Britain should have any doubt about what you stand for, what you want to achieve. You should position yourself as a powerful, muscular modernisation politician with the power and the determination to change Britain. You should aim to be a great reforming PM.

You have to meet this mood for change. You have to exemplify renewal and a fresh start.

Your Premiership has to have a dynamism and an energy that pulls people along in its slipstream. You must become the change that Britain needs.

There is a name for this, too. It is one of the most widely used populist techniques in world politics: Strong Man government, tribal leadership, caudillismo. A national security state, presided over by a Big Man – has “a nation of freemen, a polite and commercial people” (Blackstone), really come to that? When exactly did liberty become such a minority taste in Britain that it were possible?

[Just a footnote on the BBC below the fold.] → Continue reading: A modern Macchiavel

A fence post

This thread features TimC comparing unenforced laws to fence posts without the panels.

Here is a clear example of an uninstalled panel.

A vicar who lit his pipe in a Kent police station as a protest against the smoking ban has failed in his attempt to get himself arrested.

The totalitarians typically begin each step by enforcing it against those who garner the least sympathy. Clearly a pipe smoking vicar is too sympathetic of a target this early on. Beginning with social outcasts, progressively less unpopular targets are chosen for enforcement until the ‘Why should ___ be allowed a ‘privilege’ that I am not?’ argument takes over.

And notice that in a five word headline about the vicar’s smoking protest, BBC managed to use the words “unholy”, “stunt” and “failed”.

Independence from what?

On this day, 231 years ago, thirteen colonies declared themselves to be thirteen states.

Less known is that Thomas Jefferson wrote the “original Rough draught” of that declaration. Today is a good occasion to read in that rough draft what the full scope of grievances were before the representatives “in General Congress assembled” took the pen and scissors to it to assure unanimous support.

The last paragraph is the final treason of a treasonous document and had we lost the war that ensued, the greatest thinkers, doers and leaders of this continent would certainly have been executed for the crime of attempting the liberty of self determination.

We therefore the representatives of the United States of America in General Congress assembled do, in the name & by authority of the good people of these states, reject and renounce all allegiance & subjection to the kings of Great Britain & all others who may hereafter claim by, through, or under them; we utterly dissolve & break off all political connection which may have heretofore subsisted between us & the people or parliament of Great Britain; and finally we do assert and declare these colonies to be free and independant states, and that as free & independant states they shall hereafter have power to levy war, conclude peace, contract alliances, establish commerce, & to do all other acts and things which independant states may of right do. And for the support of this declaration we mutually pledge to each other our lives, our fortunes, & our sacred honour.

Like they say, read the whole thing. It wasn’t just about tax. It wasn’t even primarily about tax. Some of the grievances have returned to us in force today and are worse perpetrated today by the government in Washington than they were by the government in Britain when this document was written. But some of the grievances may come as a surprise, particularly to some of you feeling the colonization by the EU. That is EU ‘colony‘ as in definition 2.