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]

Benjamin Constant – as translated by Dennis O’Keeffe

Earlier this evening the launch was held at the Institute of Economic Affairs of Dennis O’Keeffe’s translation of Benjamin Constant’s Principles of Politics Applicable to All Governments, which is published by Liberty Fund Inc. Dennis is to be congratulated for this mighty undertaking, which is bound to reverberate through the Anglosphere in the months and years to come.

At the IEA, Dennis spoke only briefly. Rather than regale us at length with his own views of Benjamin Constant, he let the man speak to us for himself. We were offered the following few Constant quotations. Dennis commented hardly at all other than to note how much sense they still made of the people and events of our own time:

How bizarre that those who called themselves ardent friends of freedom have worked so relentlessly to destroy the natural basis of patriotism, to replace it with a false passion for an abstract being, for a general idea deprived of everything which strikes the imagination or speaks to memory. (p.326)

People always take mediocrity as peaceful. It is peaceful only when it is locked up. When chance invests it with power, it is a thousand times more incalculable in its motion, more envious, more obstinate, more immoderate, and more convulsive than talent,… (pp. 329-40)

This next one, said Dennis, could – its extreme eloquence aside – have as easily been said by the most committed twenty first century libertarian:

… society has no right to be unjust to a single one of its members, … the whole society minus one, is not authorised to obstruct the latter in his opinions, nor in those actions which are not harmful, in the use of his property or the exercise of his labour, save in those cases where that use or that exercise would obstruct another individual possessing the same rights. (p. 384)

The final one, said Dennis, he could not supply a page number for, despite a lot of searching. It had just stuck in his mind.

If human nature is a good argument against freedom, it is an even better one against despotism.

I am ashamed to admit that until now, for me, Benjamin Constant has only been a name. Not any more. I bought the book, and I recommend you do too if you are at all interested in the history of liberty and of the idea of liberty.

UPDATE: Here is what Benjamin Constant looked like.

A sad announcement

Ron Crickenberger, a well known libertarian activist of several decades standing, passed away overnight.

He is survived by his partner Noelle Stettner, two children, and one grandchild.

The movement will miss him.

If you knew Ron, please add your remembrance to our comments section.

Polly Toynbee – libertarian agitator?

Peter Briffa catches Polly Toynbee talking sense:

The middle classes, who benefit most, might have preferred an earmarked income tax rise to extra university fees.

The government replies that 80% of taxpayers never went to university, so why should they pay too? Besides, if taxes rose, there are better spending priorities. Why should the 50% with too few opportunities fork out for the lucky ones? That’s very nearly a good enough answer – but it raises key questions, too.

For that is not social democratic thinking: on that basis, why should those without children pay for schools? Or those without cars pay for roads? Or the great majority who never use trains pay for the 4% who commute by rail? Or those outside London contribute �1bn a year to the tube? Or southerners pay for the Angel of the North, while ballet-haters pay for Covent Garden? And why should the majority pay for social housing or tax credits they will never use?

Once you start to question who should pay for what, the idea of national collective provision crumbles. Where is the line in the sand? Where does it stop? Is there really something about universities that is clearly, qualitatively different to any of the above? You might just argue that there is a stronger personal financial gain to be had from a degree which justifies a personal contribution. But the same case might be made for why the suburban commuter should pay the full cost of his train, paying for his pleasure at living somewhere salubrious. �

Very good! PT of course intends that all these very good questions should be answered with:yes. Yes, southerners should pay for the northern angel, yes ballet-haters should pay for ballet, etc. And yes, higher education despisers should pay for other people’s higher education. But for once, I like the cut of her jib. Asks Briffa mischievously: Is the penny finally dropping for La Toynbee? No of course not. She is incorrigible. But might not some of her readers find their brain cells being prodded into unfamiliar directions by all this flagrant logic.

This spasm of Toybee sanity reminds me of when people say that I should oppose some little government tyranny not for being tyrannical (that being perhaps too difficult or unpopular to do effectively), but for being inconsistent with some other not-so-tyrannical arrangement. Beware of asking for consistency in such circumstances, I reply, you just might get it, in the form of consistent tyranny. Toynbee starts by arguing for consistency and immediately finds herself sounding for the duration of her point like the purest sort of libertarian.

Heh.

Excessive law is no law

Natalie Solent links to this posting at Thought Mesh, about the realities of regulation. Thought Mesh seems to be US based, but the message is universal:

As you may know, I work in network security management. I’ve been off at a summit discussing the future of the product. While listening to our chief marketing guy talk about future requirements, he said something I found astounding. Paraphrasing, the gist was that our corporate customers cannot comply with their reporting and auditing requirements. There are so many and they are so detailed that compliance is apparently no longer possible. The point for us is that any auditing done by our software should be designed with this fact in mind and so, rather than verifying compliance should be able to document the level of failure to comply.

Further, it seems that this situation is known to the regulating agencies and the requirement is now not actual compliance, but “improvement” over time (which is where our reports can contribute). It’s the “no child left behind” theory of corporate regulation. One is left to wonder if we shouldn’t be trying for a set of regulations that is actually possible to obey. The answer, of course, is that it’s best for the regulators if everyone is guilty of something. Then when bad things happen, there is a nice selection of the usual suspects to pin the blame on, all of them disarmed because they are in violation of some regulation.

In another sense, it’s cargo cult regulation. Some good company is observed to perform some action. Therefore if every company is required to do that, they will be good companies. In fact, this kind of regulatory environment, with endless obscure rules and universal compliance failure, is perfect for the sophisticated con men. Not only does it provide a thicket of procedures to hide in, but it distracts everyone into watching the forms without time to worry about the results. All that good corporate governance in Europe let Parmalat get by with shady accounting longer than any American company. It seems like there’s a lesson there somewhere.

And here are the first two comments about this at Thought Mesh. This from “anon” (no wonder!):

“our corporate customers cannot comply with their reporting and auditing requirements.”

This is so true.

I work in networks too, and every year I get sent a questionnaire by central auditing. It always contains a question like “Do you regularly monitor your audit logs to search for [some bad event or other]?”

If you answer No (being truthful) and go on to explain why it is impossible – like for instance, the log is a squillion pages long, unsearchable free-form text, and doesn’t log [super-bad event] anyway – then they nag you to death demanding to know when you are going to start, never mind that it’s impossible etc etc.

Whereas if you answer Yes (lying) you never hear any more about it.

So guess which answer they get?

What purpose is served by this? The one you mention, I imagine – if anything goes wrong I can be screwed. Well, I will be anyway, so who cares.

And this from vbc:

You say that it seems like there is a lesson in there somewhere. There is, and it was formulated nicely by the ancient Roman, Cicero:

Excessive law is no law.

Indeed. But not “heh”.

Invisible cameras in the pavement? What is to be done?

While channel hopping in the early hours of this morning through the unwatched digital end of the British TV spectrum (no doubt that is a technologically impossible thing to do literally but I’m sure you understand), I encountered the beginnings of or an advertisement for (I switched off and am only now remembering it) one of those Kilroy-Silk type programmes in which a sleek self-important talk-leader wanders around among various people desperate to be on television talking about something too interesting and lowbrow to be of interest to the kind of people who watch analogue TV with a number like 1 or 2, such as what it is like to sleep with your nephew or why you want your grandmother to stop getting any more tattoos. This sleek Kilroy-man was called Walsh, I think. (Yes.) And, this time the subject was going to be … and here I confess to forgetting the technical term which the unwatched TV industry has coined for this phenomenon … but it was video/digital/TV cameras for looking up girls’ skirts in public places. Apparently some unfortunate girl had become the victim of one of these freelance soft porn Spielbergs and video of her bottom and underwear was even now circulating on the internet.

I don’t know exactly how the cameras are organised. Perhaps they are placed in the shoes of the filmer. Perhaps they are operated from the basements of sleazy restaurants. A particular unfortunate girl had become more unfortunate in that she had sued her voyeur-tormentors in an American court, and the court had found that although disgusting, the behaviour of the electro-digital-voyeurs was not illegal. So now the unfortunate girl was taking her case to a higher court: unwatched television.

And that was when I switched off, which I now regret. It was the most memorable and interesting thing I saw on the telly yesterday, but I only realised this today.

As I say, I don’t know how the argument then proceeded, although I do know that they had managed to entice or fake up some sleazoids willing to argue in favour of the rights of people to make movies by pointing cheap cameras up girl’s skirts. So presumably there was an argument.

What might I have said if I had found myself in the middle of such an argument? I have no idea, but here are some guesses. → Continue reading: Invisible cameras in the pavement? What is to be done?

War is not the health of the state

I am glad that Brian has invited readers of his article below to veer off into unrelated realms because I intend to do exactly that. Of course, I would have done so anyway but I feel better for having had Brian’s blessing.

Though this post has been sparked off by Brian’s musings, it has nothing to do with Islam. Rather I have homed in on one particular phrase which Brian has used in his post and which has been repeated ad nauseum by others. Namely:

War is the health of the state

If free-market axioms were trees then that one would be a mighty oak. Among libertarians it is an unquestioned and proven truism. An article of faith. The nearest thing we have to a party line.

However, it is a line from which I dissent. Not because I regard the process of war with any favour but rather because, like Brian, I dislike untruth and while the declaration that war is the health of the state may be comfortingly self-righteous and gallery-friendly, it is not true. → Continue reading: War is not the health of the state

How a libertarian can love Whit Stillman

I have no time to expand, because I’m about to go out and about for the rest of the day, but just to say that this, by Julia Magnet for City Journal, is a terrific piece, about the great American movie maker (and about to be novelist, I read somewhere on my googlings for this) Whit Stillman. I adore his movies, especially Metropolitan, but the other two also. (Too bad they are still not yet available on DVD.)

Incidentally, my tastes in Stillman are shared in my corner of the blogosphere. See Patrick Crozier, and Stephen Pollard, who also links admiringly to the Magnet piece.

I won’t comment at length about Stillman, but I will just rattle off a few thoughts about why a devout libertarian like me adores the work of a deeply conservative critic of recent non-judgemental, post-modern, sexually liberated trends in bourgeois behaviour and thinking.

I am conservative in my tastes, in art, etiquette, manners (at least in aspiration), morals (ditto), drug use (for real – I never inhaled because I never touched it – too scary – the case for legalising drugs cannot be that they are harmless). It is merely that I am profoundly anti-conservative in politics, if by this is meant the imposition of my – superior and judgemental – tastes and opinions upon others. Political compulsion corrupts, and should always be regarded with suspicion, especially when what is being compelled is – to start with – genuinely virtuous and admirable. Why? Because then that which is genuinely virtuous and admirable will be corrupted, which is clearly far worse then when something silly and meretricious and wrong-headed is imposed, and corrupted. (That imposing something silly will probably do more immediate harm is true, but that is a different kind of argument to the one I just made.)

I believe that a Stillmanian attitude to social life will eventually win through in the free market of ideas and of institutions. I don’t believe that it has any chance in a world of politically imposed good manners.

That is the kind of conservative I am and the kind of libertarian I am. If libertarianism means assembling a panty collection from one’s sexual conquests and boasting about it, or in saying the first thoughtless thing that comes into your head no matter how hurtful, or in abandoning one’s children for the sake of personal liberation and pretending that one is doing them a favour, then to hell with libertarianism – that is to say with “libertinism”. It is just that the way to spread ideas like mine is to spread them by following one of them, which is not to force people to do things or think things against their will. It won’t work. Be eloquent. Don’t hit people. Argue with them, politely. Take a stand, but try not to be hurtful. Use words.

To put it another way: freedom creates civil society. Political compulsion destroys it.

Commenters please be kind, this was written in rather a hurry. Postings here have been a little thin lately, and I judged that something hasty, about and provoked by the thoughts and movies of Whit Stillman, would be better than nothing. I hope that at least some of you agree. For the kind of thing I would like to have managed, read the Julia Magnet piece.

My thanks to Tim Evans for drawing it to my attention with an email.

Madsen Pirie wins his battle for red pantiles

Madsen Pirie has been having bother from his local planning officer:

The house designs were ready for approval, but the planning officer had one last point. Where I had red pantiles there had to be blue slates. I didn’t like blue slates, and felt red clay tiles fitted the design better. No, I was told. Blue slate gives a much better vista with the next house. The next house was some way away, and only from half-way up a tree 500 yards away could one see ‘a vista’ through the obscuring foliage. Furthermore, I added, most of the houses in the village had red pantiles. No, came the reply, blue slate was called for.

I found that the planning officer did not have the power to require blue slate. I wrote back indicating this, and saying that this was a question of taste. Since it was my house and my money, it was going to be my taste. Back came a letter. True, she did not have the power to insist, but she ‘strongly recommended’ blue slate. I wonder how many people even question the powers which government has conferred upon these pocket Hitlers to interfere in such detail in our lives. Had it not been for a chance remark by my builder, I doubt if I would have checked up.

The pernicious aspect of this planning officer’s behaviour was not just that she had the power to insist on all manner of things which she should have had no power to even influence, but that she also used her actual powers to suggest that she possessed other powers as well, which means that in a sense she really does possess these other powers too. Not many people would have been as cussed about his legal rights as Madsen Pirie was. And as Madsen himself asks, how many others even question where the legal line really does lie?

It would be interesting to know if, and if so, just at what stage in all this to-ing-and fro-ing, this lady planner found out who, as it were, she was dealing with.

The point is that having fights with people like this planning officer count twice if you are someone like Madsen Pirie, once for the advantage gained by winning, and then again for the experience that can be talked about, written about, ideologised about, and of course now that there is an Adam Smith Institute Blog, blogged about. Nothing like a good juicy fight with a real live state bureaucrat to enliven a blog devoted to denouncing state bureaucracy, is there? So, you square up to a person like Madsen Pirie, in a matter like this, at your peril.

Lesser personages, on the other hand, are far easier to subject to “recommendations”.

And that’s hardly to mention the powers that this lady does now legally possess, even over the likes of Madsen Pirie, and over anybody else begging for permission to build something on what is supposedly their own property, within her domain.

So, even though Madsen won his particular little pantile battle, this is still a very nasty war and not one that our side is anywhere near to winning.

Our fascist son-of-a-bitch

From Dodgeblogium, to Harry’s Place, to this, from today’s Observer:

Not the least of the casualties of the Iraq war is the death of anti-fascism. Patriots could oppose Bush and Blair by saying that it wasn’t in Britain’s interests to follow America. Liberals could put the UN first and insist that the United States proved its claims that Iraq had weapons of mass destruction before the court of world opinion. Adherents to both perspectives were free to tell fascism’s victims, ‘We’re sorry to leave you under a tyranny and realise that many more of you will die, but that’s your problem.’

The Left, which has been formally committed to the Enlightenment ideal of universal freedom for two centuries, couldn’t bring itself to be as honest. Instead millions abandoned their comrades in Iraq and engaged in mass evasion. If you think that it was asking too much to expect it to listen to people in Iraq when they said there was no other way of ending 35 years of oppression, consider the sequel. Years after the war, the Kurdish survivors of genocide and groups from communists through to conventional democrats had the right to expect fraternal support against the insurgency by the remnants of the Baath Party. They are being met with indifference or active hostility because they have committed the unforgivable sin of cooperating with the Americans. For the first time in its history the Left has nothing to say to the victims of fascism.

Or, as I recall Mark Steyn putting it in a recent piece, the left now echoes Cold War anti-Communist and pro-any-other-anti-Communist USA in saying: “Saddam Hussein may be a son-of-a-bitch but he’s our son-of-a-bitch.”

Santa is a fascist!

“Good evening, this is the news from the BBC, 25th December 2010. Several arrests were made today after a dawn raid on an illegal Christmas celebration in Hertfordshire. Acting on a tip-off, armed officers swooped on the residential premises where they found a secret grotto, a fully-decorated Christmas Tree and up to two dozen suspects unwrapping gifts and singing carols. The police also recovered large quantities of contraband including a plate of mince pies, a string of fairy lights, a whole stuffed turkey and a sackful of toys.

The raid came as a part of ‘Operation Tolerance’ which is designed to curb the alarming spread of Christmas-crimes in the community.”

That’s a joke, right? Ridiculous? Alarmist? Wildly over-the-top? Gross exaggeration? Undue pessimism? Perhaps.

A church has been told that it cannot publicise its Christmas services on a community notice board to avoid offending other religions.

The Church of England may be the established faith of the United Kingdom. But Buckinghamshire county council regards it as a “religious preference group” and the ban was upheld yesterday.

A spokesman for the Tory-controlled council confirmed the distinction, explaining that because the service contained Christian prayers it was against policy.

Margaret Dewar, who is responsible for the council libraries, said: “The aim of the policy is to be inclusive and to respect the religious diversity of Buckinghamshire.”

Peter Mussett, the council’s community development librarian, said his member of staff was right not to display the poster.

“We have a multi-faith community and passions can be inflamed by religious issues,” he said. “We don’t want to cause offence to anyone.”

Well, they managed to offend me.

Free skateboards for all!

As Brian Micklethwait recently observed:

When a government starts to slide seriously into the dustbin of history, the very things which it tries to do to halt the slide become part of the slide.

He was referring to Her Majesty’s Government’s rather comical attempt to shore up its plummeting popularity by launching a ‘Big Conversation’ and, for it is worth, I think he is right.

But does this formula have wider applications? If the answer to that question is ‘yes’ then perhaps it can be applied to the democratic process itself:

A public debate on lowering the voting age from 18 to 16 has been called for by the Lord Chancellor, Lord Falconer.

A lower voting age would encourage more young people to become involved in politics, he told the Observer paper.

The Electoral Commission, which advises ministers on how elections can be modernised, began consulting on the voting age in the summer following concern over falling turnouts among young voters.

I can entirely understand why the idea of lowering the voting age to 16 (at present it is 18) should have a certain appeal among the political classes. By every standard that can actually be measured, democratic politics is in steady decline. The membership roles of all main political parties are now so low that corporate donations are the only thing saving them from bankruptcy and voter turnout in elections is dropping year on year.

It is probably to early to pronounce that democracy is in crisis. It is not. Well, not yet. But there is now a sufficiently large block of public indifference to send a shudder down the spines of not just politicians but also the professional classes whose wealth and status is entirely dependent on state activism.

The threat of a creeping but inexorable loss of legitimacy has prompted calls for ‘something to be done’. In the past few years there has been much chundering about making voting complusory. But the trouble with that is that it may, overnight, turn a large block of public indifference into a large block of civil disobedience and that will only make things worse. So, extending the franchise is probably their safest bet.

I am against it, of course. People of all ages tend to vote for three things: more government, more entitlements and more laws. There is no reason to suppose that younger voters will somehow buck this trend. Nor is this merely my customarily gloomy nature at work, it is an analysis borne out by history. From the 19th Century onwards the growth of the welfare/regulatory state has steadily tacked upwards on the same line that marks the growth of enfranchisement. Since governments must respond to the wishes and aspirations of those that elect them, the former will tend to follow the latter.

But if the voting age is going to be lowered then it will be lowered regardless of whether I approve or not. The real question is whether is will achieve its stated aims. Supporters of the lower voting age are hoping that giving 16 year-olds ther right to vote will enable them to express themselves, ignite their imaginations and re-quicken the democratic process.

Well, who knows? Maybe that will be the case. But it seems to me that the opposite effect is just as likely. Namely, that the steps taken to reverse the slide of democratic legitimacy just become a part of that slide as the teenyvoters stay away in droves, thus converting a nagging concern into a slough of despond.

And where do we go from there? Good question.

Keeping a close eye on porn

Why are governments so deeply concerned to protect us all from pornography? Simple. To protect us from it properly, they have to watch it. Protecting us from savage debt collectors is not nearly so entertaining, so they don’t bother with that, even though the kind of savagery that can involve is much closer to being their real business.

Canadian civil servants have been condemned for inspecting sex shops and adult cinemas while apparently ignoring a flood of consumer complaints.

Ontario’s provincial auditor says the Ministry of Consumer and Business Services officials have carried out almost 1,600 inspections of adult video retail stores after claiming to have received eight complaints – none in writing.

Those inspections involved checking whether the stores had valid licences “and were selling adult videos only with proper stickers indicating their ratings,” the report states.

In the same time there were about 4,000 complaints and inquiries related to debt collectors last year, including 800 written, formal complaints.

Despite the avalanche, it’s claimed the ministry carried out only 10 inspections. Similarly, almost 2,000 complaints about motor vehicle repairs prompted just six inspections.

Assistant provincial auditor Jim McCarter has described the situation as “pretty weird”, saying he wasn’t sure whether inspectors were in fact screening porn. “My understanding is that is not a primary part of their job,” said McCarter

As usual, Dave Barry gets to the stories that matter, and I pick out some of the ones that are serious as well as funny for Samizdata. And he has quite a few of those, let me tell you.