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]

Conservation of prohibitionism

July 1st 2018:

Jeremy Corbyn backs calls to decriminalise possession of cannabis

Jeremy Corbyn said he would like to see the possession of cannabis to be decriminalised as he backed calls for the drug to be used for medicinal purposes.

July 10th 2018:

Corbyn backs Nordic Model to tackle sexual exploitation

Labour Leader Jeremy Corbyn declared his full support for Britain to look at changing our prostitution laws by criminalising the purchase of sex, also referred to as the ‘Nordic model’.

Me, too?

Canada’s second generation Prime Minister Justin Trudeau is in a spot of bother.

The Guardian reports, “Justin Trudeau ‘does not remember’ groping reporter at festival”.

Justin Trudeau has publicly addressed allegations that he groped a reporter at an event 18 years ago, saying he does not recall any “negative interactions” taking place that day.

Which is only to be expected, given it was eighteen years ago. After such a long time it is surely unfair to drag up an unproven accusation from way back to blacken a man’s name now… Except that is exactly what the tousle-headed heartthrob of 24 Sussex Drive did to others.

The Canadian National Post has two good articles on the subject. Firstly,

Andrew Coyne: Trudeau has to say something about groping accusation. Yet what can he say?

If he confessed “I did it. It was a fleeting moment of madness for which I apologized at the time, and which I regret today,” that would not be the worst thing in the world, assuming no other cases emerged. Except that, having famously established, with great fanfare, a zero tolerance policy for his party and himself in such matters, with no statute of limitations, he would then have to explain why he should not have to pay the same price that others have had to pay for similar offences.

But what if he did not do it? Well, judging from the way Trudeau has treated others, that should make no difference. According to a second article in the National Post:

Joe Oliver: Groping allegations snare Justin Trudeau in a trap he created himself

As a self-proclaimed feminist, Justin Trudeau mandated a gender-equal cabinet and repeatedly proclaimed his devotion to women’s rights. He dealt ruthlessly with two Liberal members of Parliament who were accused of inappropriate behaviour by unnamed members of the NDP caucus. Without warning, the accused were booted from the Liberal caucus at an open meeting. They were not provided any information about the allegations against them, any chance to defend themselves or even to inform their spouses before their simultaneous show trial and sentence went public. In an instant, political careers were eviscerated and reputations in tatters.

The price of the presumption of guilt can be heavier even than that. In not unrelated news, remember “Nick”, the man whose accusations of every crime from sexual abuse to murder against the former Conservative MP Harvey Proctor among many others were infamously described as “credible and true” by Detective Superintendent Kenny McDonald without the formality of a trial?

Man who said he was victim of VIP child sexual abuse ring charged

The man who claimed to have been the victim of a VIP child sexual abuse and murder ring has been charged with 12 counts of perverting the course of justice and one of fraud.

The claims from “Nick” led to Scotland Yard’s disastrous Operation Midland investigation. He is charged over false claims of child sexual abuse and child killings.

The Crown Prosecution Service said on Tuesday it had authorised the series of criminal charges against the 50-year-old man, who cannot be named for legal reasons.

The claims led to the Met investigating public figures including the former military chief Lord Bramall, the former home secretary Leon Brittan and the former Conservative MP Harvey Proctor.

One charge against Nick relates to Proctor and accuses him of “doing acts tending and intended to pervert the course of public justice, in that he made a false allegation of witnessing the child homicide of an unnamed boy committed by Mr Harvey Proctor”.

Enlightened modern practice

“GP accused of paedophilia by ‘fantasist’ loses fight for costs” reports the Times. I have put phrases from the following excerpt from the Times article that seemed particularly striking in bold type.

A retired GP accused by a “serial fantastist” of being part of a paedophile ring was told yesterday he would not be reimbursed for £94,000 in legal costs he incurred before the case collapsed.

Stephen Glascoe, from Cardiff, spent most of his savings preparing his defence. The woman who made unproven allegations against him and others has won £22,000 in “criminal injuries” compensation and has asked for more.

Several cases have collapsed in recent months after the Crown Prosecution Service ordered a review of evidence in all serious sexual offence allegations.

Charges against Dr Glascoe and four other men were dropped in January, two weeks before their trial was due to start, after concerns about the alleged victim’s evidence and her relationship with her therapist and the police officer who had led the investigation.

Dr Glascoe, 67, who was not entitled to legal aid because of his savings, spent more than £100,000 on lawyers and expert witnesses. He will receive only £7,280 from the Legal Aid Board and no contribution to the cost of his barrister.

The complainant received £22,000 from the Criminal Injuries Compensation Authority after contacting South Wales police in 2012 but later refused to co-operate with the investigation.

She spoke to police again in 2016 with more allegations about being abused at parties between the ages of three and 15. She said she had a pregnancy forcibly aborted and had been made to take part in torturing other children. She has applied for more compensation.

Christopher Clee, QC, applied at Cardiff crown court yesterday for Dr Glascoe to have all his costs reimbursed on the ground that the charges were the result of an “improper act or omission” by the prosecution. The prosecution should have been alerted, he said, to the poor credibility of the alleged victim by notes from 229 counselling sessions, which included “regression work”, and her improperly close relationship with the investigating detective.

Mr Clee said the notes made clear that the therapist “had exceeded any professional boundaries” and given the woman the idea that she had been raped by five men. Prosecutors had demanded to see the therapy notes before deciding whether to charge, but a senior police officer urged them to take a “victim-centric position”, he said.

Catherine Richards, for the prosecution, said the case was dropped over “considerable concern” about the detective, and because a jury might consider that there had been a “mirror of the undue influence” by the alleged victim on the officer and her therapist.

Judge Thomas Crowther attributed the collapse of the case to “dynamite” evidence that the complainant had lied about an Amazon package she claimed had been ordered by her abusers.

The judge dismissed the application for Dr Glascoe’s costs, saying he would have to prove that no reasonable prosecutor could have decided to bring charges. The decision had been “in line with enlightened modern practice”, he said.

It was certainly in line with modern justice as practised by the Enlightened.

Samizdata quote of the day

We are in the midst of a revolution in our understanding of sexual harassment and assault. We’re told, as we are often told in the midst of media-driven manias, that everything has really changed this time. As satisfying as this narrative might be for feminists on the warpath against “toxic masculinity” and conservatives who revile the sexual libertinism of the past half-century in America, it isn’t true. As long as men and women are thrown together in the workplace—and are placed in competition with each other—sex will, in part, be a means to achieve power, a weapon wielded by both men and women. The question is what we can do to mitigate the damage. The record so far—and by so far, I mean over the past four decades—is not encouraging.

Christine Rosen, Commentary Magazine.

The state is not the sex worker’s friend

These new disintermediated internet marketplaces can have interesting effects.

Last month, MPs launched an inquiry into the apparent rise of so-called “pop-up” or temporary brothels. The phenomenon, where sex workers use Airbnb, hotels, or short-term holiday lets as a work base, has caused concern among politicians and the police.

It is not all good news, though:

But the pressure to make back the cost of the hotel meant she ended up booking clients she would not otherwise have seen. “There’s something – for me anyway – that felt quite bleak about rocking up in a hotel,” she said: “You get a ‘spidey sense’ and you’re like ‘I’m not sure about this one’… you do end up taking more risks.”

Apart from cost, there are other advantages to setting up a more permanent shop:

With CCTV and a panic alarm, she says the more permanent setup means she has better security measures: “I honestly can’t imagine working any other way now and it astounds me that what we’re doing is technically illegal.”

Reducing risks from clients brings more risk from state interference.

“At the moment, I have absolutely no trust in the police whatsoever,” she says. “You can literally go from being the victim, to being the criminal in a matter of minutes.”

Is it time to end the war on some consensual sex?

Never mind Damian Green, do you want the cops to have this power over you?

David Davis, the Secretary of State for Exiting the European Union has threatened to resign if Damian Green (the First Secretary of State, effectively Deputy Prime Minister) is sacked unfairly. Why, you may ask, is Davis – a Brexiteer – willing to put Theresa May’s already shaky government at risk for the sake of a Remainer like Green?

The Guardian link above explains it better than I can:

The Brexit secretary believes his cabinet colleague is the victim of a police vendetta and made it clear to Theresa May that he would be willing to leave the government if he felt Green had been unfairly treated.

The threat emerged only hours after a former Metropolitan police detective came forward with fresh claims implying that Green himself had been viewing pornography found on his workplace computer when police raided his Commons office in November 2008.

Green was a shadow Home Office minister at the time and was under investigation because he had received a series of sensitive Home Office leaks. He denies viewing pornography on his parliamentary computer.

At the time, the Conservatives were fighting some of the Labour government’s law and order measures on libertarian grounds and Davis was a strong backer of Green’s work.

Mark Wallace of Conservative Home writes,

Whether Green did what is alleged or not, the behaviour of the police in his case is appalling

Lewis is speaking out because he disapproves of what he claims he found. But on what authority is that his job, his responsibility, or his right? He gained access to that computer as a police officer, not as a self-appointed moral arbiter. The powers granted to police officers are given on the condition that they use them for specific purposes only. He was meant to be looking for evidence of crimes, not legal things which he could tut about. Separate to whether the Cabinet Office finds his or Green’s account to be true, is this really how we want former police officers to behave? If the police were to search your home or office or person, but fail to find evidence of any crime, is it acceptable that years down the line the officers involved could publicly embarrass you by claiming they found legal pornography, or anything else legal that they personally find morally icky? That’s an awful precedent, which would harm trust in the police and worry a lot of innocent people that private information might be being held over them. In a society under the rule of law we should all have a right to expect that the police do their job, but do not exploit their professional positions for personal grandstanding or moralising at a later date.

I took a look inside the College of Policing Code of Ethics: A Code of Practice for the Principles and Standards of Professional Behaviour for the Policing Profession of England and Wales.

Under “Standard of Professional Behaviour” section 3.1.7, “Confidentiality”, it said:

I will treat information with respect, and access or disclose it only in the proper course of my duties.

7.1
According to this standard you must:
• be familiar with and abide by the data protection principles described in the Data Protection Act 1998
• access police-held information for a legitimate or authorised policing purpose only
• not disclose information, on or off duty, to unauthorised recipients
• understand that by accessing personal data without authorisation you could be
committing a criminal offence, regardless of whether you then disclose that personal data.

Do we want to set the precedent that if in the course of a search a police officer finds evidence of behaviour that is legal but frowned upon they can make it public?

Some things look better in hindsight

Back in March US Vice-President Mike Pence was mocked from all sides. According to Olga Khazan in the Atlantic:

In a recent, in-depth Washington Post profile of Karen Pence, Vice President Mike Pence’s wife, a small detail is drawing most of the attention: “In 2002, Mike Pence told The Hill that he never eats alone with a woman other than his wife and that he won’t attend events featuring alcohol without her by his side, either.”

The article went on to say that:

Pence is not the only powerful man in Washington who goes to great lengths to avoid the appearance of impropriety with the opposite sex. An anonymous survey of female Capitol Hill staffers conducted by National Journal in 2015 found that “several female aides reported that they have been barred from staffing their male bosses at evening events, driving alone with their congressman or senator, or even sitting down one-on-one in his office for fear that others would get the wrong impression.” One told the reporter Sarah Mimms that in 12 years working for her previous boss, he “never took a closed door meeting with me. … This made sensitive and strategic discussions extremely difficult.”

In conclusion, Ms Khazan argued that:

Without access to beneficial friendships and mentor relationships with executive men, women won’t be able to close the gender gap that exists in most professions.

I am not convinced that there is a gender gap, but that is a subject for another post. Ms Khazan made a fair point about mentoring, and her tone was reasonable. Ashley Csanady of Canada’s National Post, not so much:

Ashley Csanady: Mike Pence’s evangelical refusal to lunch with ladies is easy to mock. It’s also rape culture at work

At its core, Pence’s self-imposed ban is rape culture.

Nor is that a label I assign lightly. “Rape culture” is a phrase so overused it’s become almost meaningless, like calling someone a Nazi on the internet. But it has a very clear meaning: the notion, whether conscious or unconscious, that men can’t control themselves around women because “boys will be boys.”

The explicit reasons for Pence’s restriction are religion and family, but the implicit reason is that he must avoid alone-time with women lest his stringent religious moral code fall apart in the presence of a little lipstick and décolletage. That is rape culture.

Given that the list of men accused of sexual misconduct since Harvey Weinstein is growing like a beanstalk, and a great many of these men were loud in their scorn for the “puritanism” of Pence and all like him, Ms Csanady and a few others might like to re-evaluate their earlier remarks. I am not saying it is necessary to behave like Pence in order to avoid behaving like Weinstein. But it does seem that Ms Csanady might have been looking in the wrong place for rape culture.

To be given in marriage

What would be the point of a royal engagement without a Guardian article to miss it?

In celebration of the forthcoming nuptials of Prince Harry and Meghan Markle, Afua Hirsch writes,

Almost two decades ago, during the heady first months of the new millennium, an unruly baroness named Kate Gavron made a shocking suggestion. Prince Charles, she said, should have married someone black. It would be, she imagined, a powerful symbol of the monarchy’s commitment to racial integration and multiculturalism.

Gavron’s comments were not well received at the time. As is so often the case with race and the royals, far more interesting than these remarks themselves, were the media reactions to them. Some suspected this was merely a clandestine attempt at “getting rid” of the monarchy, erasing their heritage through interracial marriages. Not so much revolution, as racial dilution.

Others assumed that for the Prince of Wales to marry a “black girl” – as the hypothetical person was described – would be to return to the loveless, strategic marriages the royals were once so famous for. It was obvious to commentators at the time that marrying a black girl, and marrying someone you actually loved, were both antithetical and mutually exclusive. After all, you couldn’t expect an heir to the throne to actually be attracted to such a person.

Ever charitable, I had initially assumed that Ms Hirsch was too young to personally remember this furore, by which I actually mean briefly successful effort on the part of a few journalists to keep each other in work by pretending to be outraged at each other’s stories, and that was why she portrayed something that happened in the year 2000 as if it happened in the 1960s. But that cannot be the case. She was nineteen at the time it was published. Perhaps her observations were tinged with a wistful desire to re-enact the heroic days of the Civil Rights era. If so, perhaps I should be more charitable after all; seventeen years ago that sort of playacting was not less common than it is now but was more excusable.

Whatever. I too remember Baroness Gavron’s remarks and the reaction to them. The previous week a report had been released by the Runnymede Trust called The Future of Multi-Ethnic Britain. Lady Gavron was one of the authors. Unfortunately but inevitably the authors had received abusive hate mail from the sort of embittered nobodies who used to send hate mail to people they read about in the papers. (Nowadays we have Twitter for that.) But no, the reaction of the mainstream media to Lady Gavron’s remarks did not include talk of “racial dilution”. Note the absence of any names. All Ms Hirsch tells us is that “Some suspected” a clandestine attempt at getting rid of the monarchy through interracial marriages. Well, yeah, in a population of 56 million as it then was, some will suspect almost anything. But if a journalist on any publication other than National Front News had said any such thing they would have been out of a job the same day.

At this point the reader might be asking themselves why if it was all so trivial I am claiming to remember Lady Gavron’s remarks across seventeen years? To answer that let’s look again at this passage from Ms Hirsch’s article:

Others assumed that for the Prince of Wales to marry a “black girl” – as the hypothetical person was described – would be to return to the loveless, strategic marriages the royals were once so famous for. It was obvious to commentators at the time that marrying a black girl, and marrying someone you actually loved, were both antithetical and mutually exclusive.

As I remembered it the reason so many had assumed that Lady Gavron was advocating that Charles enter a loveless strategic marriage was not at all that they found the idea of a love match between two people of different race inconceivable. It was because Lady Gavron had advocated exactly that: a strategic royal marriage not for love but in order to send a message. Worse, she had said that it would have been “great” if Prince Charles had been told to marry someone for political reasons, with the assumption that once he had been given his orders on whom to marry he should obey them.

To be fair to her, Ms Hirsch does supply a link to a Telegraph article from October 2000 so that one can see Lady Gavron’s exact words. Here is the link again:

Prince Charles ‘should have married black woman’

THE Prince of Wales should have married a black woman as a symbol of his support for multi-cultural Britain, according to a member of the race relations think tank the Runnymede Trust.

Lady Gavron, vice-chairman of the commission that produced last week’s controversial report on the future of multi-ethnic Britain, said the Royal Family should take a lead in promoting racial integration.

“It would have been great if Prince Charles had been told to marry someone black. Imagine what message that would have sent out,” she said yesterday.

It wasn’t someone black, and it may not have been phrased as a command, but Charles probably was pretty much told who to marry, and for reasons to do with what “message” his marriage would send. It did not work out well. One ancient royal tradition that all should be glad to see extinct is that of marriage as a tool of policy.

Of course no one in their right minds would insert such a mad device as the monarchy if they were designing a nation from scratch. It is a historical relic. But history is a powerful force, and this nation is not being started from scratch. I hope and believe the monarchy does still have a role, so long as people can be found willing to play it. I hope the whole royal wedding shebang goes off well and a good time is had by all. If Ms Markle being mixed race makes more people feel included in the celebration, that’s great. More importantly I wish Harry and Meghan a long and loving life together.

Samizdata quote of the day

Certainly flirtation is gone from the workplace. Some years ago your humble correspondent was an intern at a National Public Radio affiliate station in Chicago. The chief engineer had a habit of referring to me as Legs, as in, ‘Woooah, here she comes. It’s Legs Gutmann.’ Dear Reader, I am not ashamed to admit I liked it. I flashed him a big smile and a giggle. He was a very decent chap and I have no doubt that if I had instead looked wounded and frightened he would have cut the ‘Legs’ thing faster than he could unplug a sound cable.

Now, of course, he wouldn’t even try such hijinks. The risk is too great. He could be fired for such ‘sexual harassment’. Or what if I had been fired by National Public Radio (if you can be fired from an internship)? I could have retaliated by claiming that NPR (of all places) created a ‘hostile work environment’ in allowing such a beast continued employment. At the very least I could get my internship back; at most, I might be able to snare a big payoff. Sexual-harassment allegations can make you rich.

Stephanie Gutmann

“Women take things more emotionally”: I bet she was happy when she took them for £360k

The Times today:

‘Clumsy’ sexist remark by BAE Systems manager costs £360,000

A manager’s “clumsy” comment to a secretary that “women take things more emotionally than men” will cost Britain’s biggest arms manufacturer more than £360,000.

BAE Systems argued that the law had gone mad and attacked the payout to Marion Konczak for “a single sexist comment” as “an affront to justice”.

Three appeal court judges ruled yesterday, however, that Mrs Konczak, 62, was due every penny after the manager’s comment led to her having a mental breakdown.

BAE was working on a project for the Royal Saudi Air Force when Mrs Konczak complained that she had been bullied and harassed, including sexually. Her line manager later told her that “women take things more emotionally than men, whilst men tend to forget things and move on”.

The judge opined,

“The basic rule is that a wrongdoer must take his victim as he finds him, eggshell personality and all. That is not inherently unjust.”

Emphasis added. And Lord Justice Underhill might like to reconsider his use of “he” as a generic third person singular pronoun. I expect someone from Diversity will be calling him in for a quiet word in due course. On the other hand, perhaps it becomes acceptable if the alternative suggests that a “victim” with an eggshell personality might conceivably be female?

As a commenter called Geraldine said,

Will this encourage companies to employ more women? The cause of feminism is set back years [e]very time something like this happens. I say this as a woman and old-school feminist.

Somewhere Thomas Sowell wrote that manufacturers in the US avoid building factories in black areas, not because they care what skin colour their workers have, but because the more diverse the workforce the greater the risk of being sued for discrimination.

Added later: In the comments below Umbriel explained why the judge might have used those particular words:

…“eggshell personality” is a legal term, not technically an insult (though, it the shoe fits…). The theory was an extension of earlier doctrine that if, for example, someone smacks another person in the head during an altercation, and the victim happens to have some sort of congenital defect or calcium deficiency, such that their skull shatters and they die, the assailant remains responsible for the damages resulting from their assault even if they couldn’t have anticipated the magnitude of the result. This was dubbed the “Thin Skull Doctrine”. When tort law evolved to apply that principle to the infliction of emotional distress, the corollary was dubbed the “Eggshell Personality Doctrine”.

The problem with said doctrine, of course, is that a thin skull is a thin skull, regardless of the law. “Eggshell Personalities” in contrast, can be expected to proliferate and become ever more brittle the more lucrative they become.

Depressingly true.

Guardian comment of the day

Technology has become another way for men to oppress women, says Lizzie O’Shea’s sub-editor. For example,

Millions of people bark orders at Alexa, every day, but rarely are we encouraged to wonder why the domestic organiser is voiced by a woman.

And it is all because of “sexism in the tech industry”. Therefore my nomination for Guardian comment of the day, if not longer, goes to monkeyrich:

You’d have to ask Toni Read, Miriam Daniel and Heather Zorn – the three women who created Alexa, managed the team which engineered it and released it to the public.

It is not just the Guardian, by the way. Cristina Criddle in the Telegraph wrote in 2016, “Female digital assistants that do not fight back reinforce the connection between a woman’s voice and submission. In fact, it encourages it.”

No, they do not.

Jordan Peterson on identity politics

With blogging (as with life in general), there is often a tug-of-war between doing it soon, and doing it right. This posting is strictly a case of me doing it soon. And what I am doing soon is saying: watch this. It’s psychology academic Jordan Peterson, denouncing (the word “bloody” occurs quite a lot) the legal imposition upon Canada of identity politics (excused by, among others, some of his fellow academic psychologists), and all the chaos that this misuse of law is going to and is starting to cause.

The video goes on for the best part of two hours, and I have so far only watched twenty minutes of it. Like I say, doing it soon. But I already know that this is the kind of thing, and the kind of man, that many Samizdata-readers will want to see, and at the very least to learn about, perhaps by other and quicker means. The phrase “individual freedom” gets quite a few mentions, along with “bloody”, bloody being the word Peterson uses to describe the ideas which and the people who threaten individual freedom.

See also today’s QOTD here, which points towards the same intellectual territory and the same battles. Before posting this, I checked in the comments there, to see if anybody had made any mention of the above video, or of Jordan Peterson. Had they done so, I’d have had to write this differently. So far: not. I could have appended this link to that comment thread, but I reckon it deserves a bit more prominence.

David Thompson has more to say about this, as does his commentariat. My thanks to him, because this was how I found out about this video, and about this man.