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]
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I had thought that all decent people, whatever their politics or religion, accepted that each human being has the inalienable right to refuse to engage in sexual activity, and that for each person the decision as to what level of physical intimacy with any other person was acceptable to them was theirs and theirs alone.
I would never have guessed that was a case that still had to be argued. That would be like… having to go to court to argue all over again that prostitutes should have the right to refuse clients, or that marital rape should not be allowed. Or that forced concubinage should not be allowed, or any of the other forms of sexual slavery that stain the record of humanity.
Of course I knew that there were even now places in the world where people, usually women, still do not have the legal right to refuse sexual activity. Now that Daesh has been defeated, the first such place that comes to mind is the territory controlled by Boko Haram.
In British Columbia, the second most progressive province of Canada, they’re thinking about it.
“What has been will be again,” as it says in Ecclesiastes, “what has been done will be done again; there is nothing new under the sun.”
Yesterday – to my shame I did not spot it until today – the Times reprinted a letter to the editor that was a century old to the day. I wish I could say that it was merely of historical interest.
From The Times July 15, 1919
To the Editor of The Times
Sir, Will you permit an elderly man, who is not a politician nor a public character, but merely an individual among millions of honest, sober persons whose liberty is attacked by a moral tyranny, to state an opinion with regard to the crusade against moderate drinkers? It is not needed even in the cause of morality. When I was a child excess in drinking was patent in every class of society. Now, in my wide circle, I do not know of one man or woman who is ever seen “under the influence of liquor”. Why not leave the process of moderation, so marked within 60 years, to pursue its normal course? It is untrue to say that a reasonable use of alcohol is injurious to mind, body or morality. My father, whose life was one of intense intellectual application, and who died from an accident in his 79th year, was the most rigidly conscientious evangelical I have ever known. He would have been astonished to learn that his claret and water at his midday meal, and his glass of Constantia at bedtime, were either sinful in themselves or provocative to sin in others.
There is no blessing upon those who invent offences for the pleasure of giving pain and who lay burdens on the liberty of others. We have seen attempts by the fantastically righteous to condemn those who eat meat, who go to see plays, who take walks on Sundays. The campaign against the sober use of wine and beer is on a footing with these efforts, and should be treated as they have been. Already tobacco is being forbidden to the clergy! The fact that Americans are leading the campaign should be regarded with alarm. We do not express an opinion, much less organize propaganda, against “dryness” in the United States. It is not for us to interfere in their domestic business. If Englishmen went round America urging Americans to defy their own laws and revolt against their customs, we should be very properly indignant. Let crusading Americans be taught the same reticence.
The propagandist teetotaler is active and unscrupulous. He fights with all weapons, whether they are clean or no. We must resist, without fear of consequences, the cruel and ignorant fanaticism of these apostles.
I am, Sir, your obedient servant,
EDMUND GOSSE
There’s an interesting video story on the BBC website today:
Spearmint Rhino strippers fighting for the right to strip
Feminist[s] campaigners have secretly filmed at the Spearmint Rhino strip club in Sheffield. They claim the recording shows sexual acts taking place in the club, which breaks the licensing rules.
Ella, a stripper at the club, is furious with Not Buying It for secretly filming dancers naked and fears losing her job as the club may now lose their licence.
But Dr Sasha Rakoff who assisted the secret filming insists this was the only way to expose the dark side of the industry.
My immediate sympathies were with Ella, but I can see both sides. I support the right of women (indeed the right of all people) to do what they like with their own bodies. On the other hand, the Spearmint Rhino club agreed to abide by certain rules about what could be done on the premises, and it does seem to me as if the covert filming by “Not Buying It” made a good case that those rules were being broken. I did not find Ella’s argument that the investigators had misunderstood what they saw entirely convincing. And it won’t wash to say that the conditions of the club’s licence were merely another example of state repression; though it would be better if they were voluntarily entered contracts between private parties, zoning rules of that broad type would probably still exist in a libertarian utopia.
Still, I found this statement from Dr Rakoff problematic:
Feminism, kind of like the rest of society has been somewhat infected by these really neo-liberal, really dumbed down, simplistic, very selfish attitudes that it’s all about me, me, me and what I choose and if I choose something it’s my right. That’s not what feminism has ever been about, it’s about all of us. So even if these women do choose to be lap dancers, it’s not just about them, it’s about wider social attitudes which is breeding Harvey Weinsteins.
So, according to Dr Rakoff feminism has never been about women’s individual choices. I had heard otherwise but perhaps that merely reflects my ignorance of modern feminism. As I said in a recent post, ‘I’m still holding on to the idea that “what a feminist looks like” can include what I see in the mirror. But it is getting harder.’
I would also like to know exactly who is included in the “all of us” she mentions as having some right to override an individual woman’s choice to be a lap dancer. All of humanity? Just the female half of it? Self-identified feminists? Or just those feminists who meet Dr Rakoff’s standard of feminism uninfected with neo-liberal selfishness?
“Michael Gove is a man who invites a number of opinions, a great deal of them unflattering, even within the Conservative party, but I am yet to meet a Tory MP who sincerely believes that it would have been better for anyone had he spent a decent chunk of the early noughties in prison. Yet the official position of his party, and that of the main opposition, is that it would.
I do not always agree with Stephen Bush, the deputy editor of the New Statesman, but ain’t that the truth?
“That’s right: it is Tory party policy that they would have been better off if one of their most dynamic administrators and a near permanent presence on the frontbench since his entry into politics had been either imprisoned or working in a minimum wage job. That might be the private view of some teachers and some particularly committed pro-Europeans but it’s an odd look for a party that might yet make him prime minister.”
Even odder that the very suggestion that the leading candidate to be prime minister might not have taken cocaine on multiple occasions elicits laughter from all quarters. In fact according to the Sun, seven of the eleven candidates for the Tory leadership admit they have used banned substances in the past. The same article adds that Boris Johnson claims that he only did it the once, but hesneezedsoitdidn’tgouphisnose, and it mayhavebeenicingsugaranyway. Now, I do not deny that kind of thing can happen. I was first offered the chance to smoke some grass when I was at secondary school. Man, that was some real grassy grass. But the idea that, having left Oxford and achieved such early success as journalist that getting sacked by the Times for falsifying a quote was but the start of his career, the freewheeling young Boris was so chastened by his early experience that he never again sought to obtain the substances so widely used by his media colleagues convinces about as well as the idea that he stuck to icing sugar thereafter. Ladies and gentlemen: Alexander Boris de Pfeffel Johnson, the next Prime Minister of the United Kingdom.
Stephen Bush’s article in the Guardian, “Michael Gove got high but his party champions a futile war on drugs”, continues:
The overwhelming evidence from around the democratic world is that countries which have legalised drugs have seen numbers of drug deaths fall and have taken billions out of the criminal economy.
“National service should be compulsory for the young, says Chuka Umunna”
Coming out can be a stressful process. All should have sympathy with Mr Umunna’s personal struggle to accept his inner Tory.
Young Britons should do a form of ‘national service’ to end the current ‘social apartheid,’ according to Chuka Umunna. The Independent Group frontman has unveiled a list of policies, including on tuition fees, education grants and how to fund the health service. The former Labour MP has suggested that youngsters be forced to carry out work to break down barriers within society.
Because nothing builds unity in a society like some of its members using force on others. Both sides are participating, right?
The TIG spokesman stressed the plan would not be a return to compulsory military service but would help people meet other Britons from different social backgrounds.
Mr Umunna said his proposal could build on the National Citizen Service scheme introduced by David Cameron, which ‘has suffered by being voluntary’. It could also draw on evidence from France, where Emmanuel Macron made a national service requirement for 16-year-olds a key policy, with trials beginning this year.
Will no one think of the National Citizen Service scheme? We cannot leave it to suffer this way.
“Look around any developed country and it is obvious that there are a lot of people who eat too much. But there is another affliction of modern societies that too often gets overlooked: the greed for attention. If members of the Lancet Commission on Obesity had a taste for food as great as their appetite for hyperbole, their bellies would prevent them getting near a dinner table.”
– Ross Clark, Daily Telegraph, 29 January (£).
Had Samizdata or the internet existed on this day in 1933, Presidential Proclamation 2065 would undoubtedly have been Quote of the Day, and probably Quote of the Year as well.
Prohibition of alcohol in the US only lasted thirteen years. Of course that was time enough to give the Mafia their start, corrupt thousands of policemen and judges, and turn millions of previously law-abiding Americans into criminals, but in retrospect I stand in awe at how quickly the America of eighty-five years ago acknowledged and corrected its mistake.
Pity the same was not true of the ongoing and equally disastrous prohibition of drugs.
The island of Sark, a small, remote Channel Island, with a population somewhere around 500, part of the Duchy of Normandy and the Bailiwick of Guernsey, but almost entirely autonomous, noted for not having any cars, having been one the last feudal jurisdictions in the World and having had very low taxes, is currently in crisis over its electricity supply. The problem can be summed up in two words ‘price control’. Sark is taking on the appearance of a small, cooler, oil-free Venezuela (or perhaps a preview of Corbyn’s – or even May’s- UK in 2022). It even has the example of France, home of ‘égalité‘, the guillotine and generally poor economic ideas (and some excellent ones), a few miles away over the choppy Channel.
It will no doubt not surprise almost all our readers that Sark, having in recent years had democracy foisted on it, has got a legislature (28-strong) that seems to think that it has solutions to problems. The islanders have also found that as the price of electricity has risen in recent years, and as people have not been happy with the sole supplier to the Island, they have been generating their own power. Falling demand has led to higher unit costs for the supplier, which creates a vicious circle.
Enter the Commissioner established and authorised, nay, required, under the The Control of Electricity Prices (Sark) Law, 2016 to look into the price of electricity and to set a ‘fair and reasonable price’.
Looking at his powers more closely we see that they are in fact, nothing short of miraculous, under Section 13:
Determination of fair and reasonable price.
13. (1) Following completion of an investigation under this Law, the Commissioner shall, determine whether a price which is charged by a regulated electricity supplier for the supply of electricity is, or is not, fair and reasonable.
(2) In determining whether a price is, or is not, fair and reasonable the Commissioner shall take all material considerations into account, including without limitation the following matters –
(a) the cost of generating and distributing the supply of electricity, including the cost of –
(i) acquisition and maintenance of any plant and equipment,
(ii) fuel and other consumables, and
(iii) labour, required to generate the supply,
(b) the replacement cost of any plant and equipment required to generate and distribute the supply,
(c) the quality and reliability of the supply of electricity and the economy and efficiency with which the supply of electricity is generated and distributed,
(d) the margin of profit obtained by the regulated electricity supplier,
(e) the margin of profit obtained by such other electricity suppliers, generating and distributing a supply of electricity in similar circumstances in such other islands or territories, as the Commissioner thinks fit,
(f) the entitlement of the regulated electricity supplier to receive such reasonable return, as the Commissioner thinks fit, on the value of assets (including plant and equipment and working capital) operated or used by the supplier for the purpose of generating and distributing the supply, and
(g) any representations made in response to a request given under section 14, or otherwise.
Funnily enough, he is not expressly directed to consider the laws of economics, or supply and demand. You can see where this is going I am sure. So why can’t the fools on Sark? How many thousand of years and examples will it take? Here we have the closest thing to a laboratory for economics, 500 or so ‘lab mice’, and yet we already know how it ends. Here is his consultation paper.
So cutting to the chase, a price control has been issued, and the Island’s sole electricity provider intends to close on 30th November 2018, as they are losing £20,000 a month supplying power at the ‘fair and reasonable‘ (and that’s official) price. May I introduce here, the Managing Director of the Sark Electricity Company Ltd, Mr Atlas Shrugger (I jest), his name is… Mr Gordon-Brown (David being his first name), and his company wishes to challenge the commissioner’s decision.
SEL was to mount a legal battle against the commissioner move this December.
However, a review of the company’s financial affairs by its independent auditors found that although the company could withstand the temporary £20,000 loss per month caused by a new 52p price for electricity, SEL could not afford to mount the legal case at the same time.
Back in December, the tariff was set at 69p per unit.
‘We have already suffered through a 40% decline in consumption caused by Sark’s economic collapse and we cannot cut our costs any further,’ said SEL managing director David Gordon-Brown.
‘A 25% price cut for a company that has already lost £65,000 this year is obviously unmanageable.
‘Attempting to operate the company under these conditions would be a breach of my responsibilities as a company director.’
He said if Chief Pleas wanted the company to continue providing power, it would have to provide for the cost of fighting the commissioner order.
‘We cannot operate the company at a loss over £20,000 a month under the new pricing scheme nor can we find the money necessary to fund the legal fight.’
He added that if Chief Pleas did not come to the table as a financial backer in time, it would be required to shut down, leaving the island without water or electricity.
This, I understand, is because the cost of a legal challenge (in this tiny island) to the Regulator would be in the region of £250,000, and Mr Gordon-Brown has asked the Chief Pleas (the Parliament of Sark) to fund a legal challenge to the body established by the Parliament, as obviously, his company can’t afford that sort of money. Can anyone else see the obvious short-cut here, the one that doesn’t involve legal fees?
Mr Gordon-Brown was reported last December as saying:
David Gordon-Brown, the manager of Sark Electricity, says the recommendation by the island’s first electricity regular to reduce electricity prices tells “a story of betrayal”.
For the past eight years the people of Sark have been betrayed by a committee of incomers with so little understanding of Sark that they expect Electricity Prices here to be comparable to their experience in the UK.
Now the Company has been betrayed by a commissioner with so little understanding of Sark that he expects the costs of producing electricity here to be comparable to his experience in the UK.
The commissioner is doubtless a dedicated and decent chap, committed to fulfilling his statutory duty, he is only following the law and only giving orders, safe, as it happens, in his home in Long Buckby, Northamptonshire, England.
But has the Commissioner considered economies of scale, transportation costs, economic law and reality? Does he have to?
The situation now is that the Electricity Company is shutting down on 30th November 2018, and they supply water.
I have to say that all those who voted for those who voted in this law, and those who voted it in and implement it, are quite simply, fully deserving of their adumbrated trip back to the Stone Age. I would propose evacuating from Sark all those who opposed it, or were too young (or insane) to know better (i.e. under 16), and leaving the rest to enjoy their new, low prices. To keep us safe from contamination, we should establish an an air and sea blockade, and air-drop a copy of Bastiat’s writings so that they may learn the error of their ways. Socialism (or price fixing) is just slow-motion cannibalism. It looks like Sark is heading that way, by choice. But as the BBC reported, they did have this terrible problem:
In August 2018, Sark Electricity was forced to lower its price by 14p to 52p per kilowatt hour (kw/h) after the island’s electricity price commissioner found the cost “neither fair nor reasonable”.
Despite the reduction, Sark residents still pay significantly more than the 17p per kw/h in nearby Guernsey or the UK the average of 14p.
Meanwhile over in Jersey, the press speculate about the evacuation of the island.
Asked if there was a real possibility of people having to leave Sark, Mr Raymond -(deputy chairman of Sark’s Policy and Finance Committee)- replied: ‘Not if we can get our contingency plans in place.
‘They are in the development stage at the moment so I can’t give out too much detail, but it will involve consolidating around certain centres – making sure there are certain buildings that have power so people can congregate there. It really is a war-time mentality. Do you really expect people to be living like this in the 21st century?’
Yes, I do, because if they are socialist dickheads implementing their plans, they will eventually get what is coming to them, good and hard.
It wouldn’t kill us to give credit where credit’s due:
Canada becomes second country to legalise recreational cannabis, reports the BBC.
I expect crime to fall – and the sky not to.
I also expect that some Canadians have already got over-excited and done some stupid things over the last couple of days, and more will follow.
One of the many bad effects of prohibition of cannabis and related drugs was that it led users to wrongly deduce that because these substances are not nearly as harmful as was claimed in order to justify the ban on them, then they must not be harmful at all. One of the saddest experiences of my stint as a teacher was to watch a colleague use soft drugs to slowly paddle himself towards dementia in his mid-thirties.
Prohibition of drugs did not stop him getting them, did it? When something does not work it is good to stop doing it as America did in 1933 and Canada has now. Let us rejoice at an outburst of sanity.
Debbie Hayton has written an article in the Spectator in which she describes herself as a transsexual who has “undergone a meaningful gender transition supported by medical interventions.” In the article she argues against change to the Gender Recognition Act.
I do not wish to argue either for or against changing that Act. I said my piece on all that two days ago. However, I would like to highlight one particular point that Ms Hayton made:
There is danger, too, to transsexuals – albeit one which is less obvious. As a transsexual woman, I have lived alongside women for many years. My acceptance has been based not on legal mechanisms, but on trust and confidence. When transsexuals like me transition gender, most women assume we have done so to preserve our mental health and usually respond with acceptance and kindness. We have been helped by excellent role models – like Jan Morris and April Ashley – who have engendered a sense of decency and decorum.
Sadly, some campaigners in the current climate have projected a sense of entitlement and recent events – whether it be a convicted rapist sexually assaulting female prisoners or transgender athletes sweeping aside female competition in women’s sports – have inflamed the debate. If this carries on, trust and confidence will lie in tatters. Even if the government does introduce self-declaration it will be worthless if our acceptance is the collateral damage.
I have no doubt that Ms Hayton will be roundly abused by more militant transgender activists for having sought the acceptance and friendship of cisgender women. Why, it’s almost like she thinks they have the right to refuse! Like some warrior cultures of old, the grievance culture holds getting what you want by asking or peaceably trading to be fit only for slaves. The superior person does not ask for what they want; they demand it.
Added later: “Demand” is putting it mildly for some transgender activists. By following a chain of links I have come across a website called “TERF is a slur”. Its strapline is “Documenting the abuse, harassment and misogyny of transgender identity politics.” The website consists simply of screenshots of social media posts by transgender people expressing their hostility to “TERFS”, i.e. Trans-Exclusionary Radical Feminists. The tweets are astonishingly violent. I don’t for a moment think that this behaviour is typical of transgender people, but nor do I see this stream of threats of death and rape coming from the other side.
I am told that one of the ways Libertarians irritate normal people is by their attitude that there is a simple answer for so many of the political dilemmas that vex society.
Suck it up, normies, there is. There is certainly a simple answer for the political dilemma about which the Times is asking in this Readers’ poll: “Should everyone who identifies as female have access to women-only spaces?” The rubric says,
The government is consulting on a reform of the Gender Recognition Act. Currently the law allows people to gain legal recognition for a change of gender, but some transgender groups say the process is bureaucratic and intrusive and are pushing for a change that will allow anyone to freely choose their gender.
This is opposed by a number of women’s rights groups, which say the change would give men access to female-only spaces such as lavatories and changing rooms, putting women in danger.
The equalities minister, Penny Mordaunt, will consider whether to reform the law after the consultation ends on October 19 — but as The Sunday Times reports, many Conservative MPs are opposed to any change.
What’s your view?
You doubtless want to hear the result of the poll. I will tell you by and by, but for now I will exercise my freedom to irritate, and reiterate that the simple answer to the political dilemma is to take politics, in the sense of laws voted into existence by MPs like Penny Mordaunt and then enforced by the police and the Equalities Commission and suchlike, entirely out of the equation. Freedom of association for all! But what about bad people? What about Nazis? Yes, them too. If Nazis own or legitimately hire a space to do their Nazi stuff in, leave them to it. Don’t want to hire your hall to Nazis? Then don’t. Want to boycott any premises that let Nazis in – or any that keep Nazis out? Then do so.
Between groups of people who are not bad but among whom there are differences of opinion, try negotiation. It doesn’t have to be a million separate negotiations for every individual village hall or public lavatory, or for every women’s sporting competition or Brownie pack; there are such things as organisations and organisational policies. Not that there is anything wrong with having a great many separate local deals. This is called “subsidarity”.
Many fear that this radical strategy would give free rein to the worst instincts of the people. I don’t get it. To get into the habit of settling disputes by meeting the other party and peacefully trying to reach a compromise sounds a great deal more likely to give free rein to the best instincts of the people. Humans are nicer when not being threatened. Conversely when they suspect that in their relations with another group that, as the saying goes, “if you give them an inch they’ll take a mile” – then they won’t give an inch.
The other day I read this post from Econlog entitled “Tradeoffs Between Immigration and Reduced Freedom of Association”. Key quote:
The more that people’s freedom not to associate with others is reined in, especially when those others are people of different races, the less likely they are to favor immigration and, even if they never favored immigration, the more likely they are to be outspoken opponents of immigration.
Race is not the only category this applies to. Have you noticed how people who five years ago would have thought a transwoman was a lady from Transylvania now see transsexuals and/or transgender people as a threat? Have you also noticed how discussion of this issue is another pot beginning to boil over to use the metaphor of my earlier post. So far the lid is being held down. One word out of place on this topic can get you into trouble. But the pressure keeps rattling the pot, with jets of steam coming from such unlikely members of the Vast Right Wing Conspiracy as users of Mumsnet, members of the Labour party and Lesbians at a Pride march.
I voted “No” in that Times poll. As so often with me and polls I did not agree with the premises of the question. Other people freely choosing their gender is none of my business. I do not support or oppose a change in the criteria for legal recognition for a change of gender; I support tearing up all the laws on this subject and setting them on fire. Still, my answer to the question “Should everyone who identifies as female have access to women-only spaces?” was closer to “No” than “Yes”.
5,068 votes have been cast so far in the poll. 97% of them were “No”. Of course it is a self-selecting sample from readers of one newspaper. Do not read too much into it. But you probably should read something into it. That is a strikingly high level of disapproval of a Conservative government’s proposed policy from the readers of a Conservative-leaning newspaper.
Red China has, like the mature totalitarian society that it is, a system of ‘Social Credit‘, as Wikipedia puts it neatly:
The system is a form of mass surveillance which uses big data analysis technology.
The excellent YT channel, China Uncensored, has a video on this system.
Of course, the UK has nothing like this yet, everything with the State is a little bit feeble and almost useless, for now. But a little chink in the armour of our free society has appeared. The UK ‘Honours System’, we now know, depends on you not being in the ‘bad books’ of Her Majesty’s Revenue and Customs (which combines the Inland Revenue – personal and corporate taxation, with Customs and Excise). Note that it is not that you have to commit a criminal offence or even a civil transgression with your taxes, it is enough that you be under suspicion of avoiding paying tax lawfully.
HM Revenue and Customs’ reported policy of advising against giving honours to tax-avoiding celebrities has been backed by Sir Vince Cable.
Celebrities who use lawful but controversial schemes are being “blacklisted” to protect the reputation of the honours list, says the Times.
A Freedom of Information request showed a traffic light system was used to identify an individual’s suitability.
The Liberal Democrat leader said HMRC’s tough stance was perfectly reasonable.
“The principle is right, I think the public is fed up with abusive tax avoidance by individuals and companies,” Sir Vince told the BBC.
He said: “It seems perfectly reasonable to me that the Inland Revenue should be taking a tough line on tax avoidance.”
Sir Vince, a former business secretary, added that some celebrities may “wonder why they’ve been caught up in it” as they may be unaware they have been involved in “aggressive tax avoidance” because accountants handle their affairs.
And how does this work?
HMRC analyses nominees for honours to check the risk of them being exposed over their tax affairs.
The FOI response revealed that people are categorised as green if they are low risk, amber for medium risk and red for high risk.
My first objection to this is that ‘Honours’ don’t exist, except as bits of ribbon, metal and enamel etc. There is the ludicrous fantasy that the Sovereign can spot ‘worthy’ individuals and somehow bestow ‘honours’ on them. What happens is, of course, that some people write someone’s name on a list, hand over a bit of painted metal and a ribbon and that person becomes honoured. If there is a scientific test that can tell me how someone changes when they receive an ‘honour’, and that this is not a voluntaristic fantasy, I’d be happy to hear about it.
My second objection to this is that is the law of England (and indeed the UK) that no one is obliged to pay more tax than that properly due. Unless I am very much mistaken, this is the law of the land still (edit See Mary C’s helpful comment); the case of The Commissioners of Inland Revenue v The Duke of Westminster established, in 1935, under George V, the following from Lord Tomlin’s speech in the majority:
Apart, however, from the question of contract with which I have dealt, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter,” and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. This supposed doctrine (upon which the Commissioners apparently acted) seems to rest for its support upon a misunderstanding of language used in some earlier cases. The sooner this misunderstanding is dispelled, and the supposed doctrine given its quietus, the better it will be for all concerned, for the doctrine seems to involve substituting “the incertain and crooked cord of discretion” for “the golden and streight metwand of the law.” 4 Inst 41 Every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate Acts is less than it otherwise would be. If he succeeds in ordering them so as to secure this result, then, however unappreciative the Commissioners of Inland Revenue or his fellow taxpayers may be of his ingenuity, he cannot be compelled to pay an increased tax. This so-called doctrine of “the substance” seems to me to be nothing more than an attempt to make a man pay notwithstanding that he has so ordered his affairs that the amount of tax sought from him is not legally claimable.
So even if you pay all taxes properly due under the law, you (or your accountant) might have been too clever by half, and you might have kept some of your own money, how is that wrong? I’m sorry, but I thought that King John no longer reigned. After all, if people pay more tax than they are due as a condition of getting an honour, isn’t that paying for them? Wasn’t Maundy Gregory put in jail for that?
My third objection to this is that an individual’s tax affairs are private, here is the declaration that Revenue Officers and Inspectors are required to make on taking up their positions:
Part III
Inspectors, Collectors and other Officers
” I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of the duties which may from time to time be assigned to me by the Board of Inland Revenue except for the purposes of my duties, or to the Board of Inland Revenue or in accordance with their instructions, or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”
I fail to see how giving a nudge or a wink about someone’s affairs can be reconciled with this requirement, especially when it’s about them having followed the law all and having been smarter than the politicians and tax bureaucrats.
It has long been the case that the rule of law has died in this country, and some of our politicians have even boasted about it.
Isn’t it time to stick a fork in the ludicrous Honours system, and stop pretending? Most are not even decided on by the Queen, but by bureaucrats, at your expense. Even better, stick a fork in our tax system and acknowledge that paying as little tax as possible the honourable thing to do.
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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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