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

To hire an opinion pollster as a strategist is to put a spinning weathervane where a compass needle ought to be

Fraser Nelson in the Telegraph.

Now where did I see the leader of this dismal crew described as a weathervane before back in 2007?

Nuke the entire court from orbit. It’s the only way to be sure.

No, I don’t mean the US Supreme Court. The lads were doing their best. If they got a bit obsessed on the question of whether Obamacare was constitutional rather than whether it was a bad idea, you can’t really blame them. Obsessing on constitutionality is what they are paid for.

The court that is pre-eminent among the “many, many things in this so-termed civilization of ours which would be mightily improved by a once over lightly of the Hiroshima treatment”, as Robert Heinlein once put it, is Doncaster Crown Court, particularly when presided over by Judge Jacqueline Davies. It was she (styled ‘Her honour Judge Jacqueline Davies'”) who in November 2010 found against Paul Chambers in his appeal against conviction for “menace” for jokingly saying on Twitter that he was going to blow up an airport if it did not reopen quickly enough after being closed by snow. He did not say this to anyone at the airport, I remind you, he said it to the internet friend he was flying to meet. Then some security loser decided to reenact the story about the old woman who rings up the police to say her neighbour is standing naked at his window. If you recall, the cop asks sympathetically whether she is very shaken up. “Dreadfullly,” she says, “I was so shocked when I saw it, I nearly fell right off the stepladder.” Only this time the police thought the joke would end better with an arrest.

Supported by, among many others, the comedians Stephen Fry and Al Murray – good for them – Paul Chambers has appealed again and a High Court hearing was held yesterday. Judgement has been reserved for a later date. Now it is our turn on this side of the pond to get tense about a judicial decision affecting liberty.

Just warning you guys….

You’ve got a week and a bit to get your shit together, otherwise I’m going to be sure. From orbit.

Anton Howes on Michael Gove’s plan to impose a government exam board monopoly

The answer to a market where the participants compete to make things worse by following bad incentives is to ask what is creating those bad incentives and to stop doing that, not to impose a monopoly.

That thought is my response to, and my almost entire agreement with, an ASI blog posting by Anton Howes, which is critical of Education Minister Michael Gove’s plan to replace competing examination boards with a state monopoly examination board. Gove says these are now racing each other to the bottom, racing each other, that is to say, in lowering standards.

But, says Howes:

The proposals to limit exam board competition to monopolies for every subject (or duopolies between O-levels and CSEs) would therefore exacerbate the problem by limiting healthy academic discrimination even further. With only one exam board to be lobbied for each subject, we would face a system where every self-interested education minister could easily ‘dumb down’ the system even further, no matter how much an overhaul could raise standards in the immediate short term.

Howes is spot on in identifying one of the biggest reasons why state action is so frequently resorted to, even by politicians generally inclined to favour free market solutions. To start with, state action sometimes seems to improve matters, definitely so to many eyes. Only later does the arrangement revert to brazen, monopolised incompetence. Markets, on the other hand, often start out as a bit of a shambles, and only yield their benefits to politicians who are prepared to be patient. In the long run, markets are incomparably superior, and some politicians do know this. But politics mostly happens in the short run.

Howes also notes that “free marketeer” Lizz Truss MP supports Gove in this move towards state monopoly.

Alas, Howes himself gets a bit confused in his final paragraph:

… the real solution to grade inflation may lie in more accurate and discriminating government league tables, …

Excuse me! Now who is putting his faith in a government monopoly? But before even the next full stop arrives, Howes corrects himself.

… or even their replacement with a competing system of tables by universities, employers, and other private groups.

Quite so. But lose that “even”.

Brian Micklethwait versus Jimmy Carr – Laurie Penny versus David Starkey

I have just been reminded by a spam commenter that long before denouncing Jimmy Carr was fashionable, I denounced Jimmy Carr, in September 2008. Quote:

I am watching the late night rerun of 8 Out Of 10 Cats on the telly, and I have a complaint. Carr has just said that: “It’s true. 68 percent preferred brains to beauty.” No Carr. If you join me in thinking about this, Carr, what you will realise is that 68 percent of people said they preferred brains to beauty.

Time was when we ordinaries just had to put up with media distortions of this kind, but now, the internet has changed the balance of power. We can now shout back at our tellies, and be heard. The world will never be the same again.

Indeed not. Don’t bother following the link to read the whole thing, because you just did.

More seriously, on a related note to the one sounded by me in para 2 above, here is a posting at Guido’s about how Laurie Penny threw some mud at David Starkey, calling him a racist, and he then threw some more mud back at Ms. Penny. Two short video clips show both bits of mud flying through the air.

This is the first time I have ever see Laurie Penny in action. I definitely prefer her beauty to her brain.

Time was when the original mud thrown by Ms. Penny would have stuck, and Starkey would have been muddied for ever, even in the minds of those who would have sympathised with what he said, on account of the original performance by Starkey on Newsnight that was the basis of Ms. Penny’s accusation not being available for anyone to check, even if they saw it first time around. But the game no longer plays out like that.

As is further illustrated by the fact that, in trying to recover her position with subsequent tweeting following the debate shown in those video clips, Ms. Penny only dug herself deeper into her hole, also exposing her original racism accusation to yet another audience and enabling commenters to clarify the whole spat still further.

The complete video of the event over the weekend is still, alas, stuck behind the Sunday Times paywall. It will surely emerge soon.

Sexual and financial privacy and the bully pulpit

How rightly horrified people would be if a prime minister were to publicly “name and shame” someone for sexual behaviour that he, the prime minister, found “morally repugnant” but which was not illegal. For the first couple of decades after its decriminalisation in 1967 homosexuality would have fallen in that category in the opinion of most British adults. Adultery still does fall into that category. I am pretty sure Cameron claims to find adultery morally repugnant, so let us hear his reasons for not making public denunciations of all the adulterous celebs out there in the same way that he has denounced Jimmy Carr for tax avoidance. And if it is right for him to denounce adulterous celebrities he should also denounce adulterous cabinet ministers and Tory donors, of course. If he would recoil from this course (and to be fair, he probably would) then he ought to be able to understand what is wrong with the man given the highest power in the land publicly denouncing as immoral the legal financial behaviour of a named individual.

The Times‘s behaviour in this affair has been disgusting, too. By all means write features denouncing tax avoidance – personally I think tax avoidance is morally neutral at worst, and more often good, but I recognise that opinions differ – and I would say that using already-public sources such as company accounts to expose the behaviour of individuals to public hostility is within the rights of a free press even when my sympathies are with the person exposed. One citizen slagging off another citizen is a very different thing from the prime minister slagging off a citizen. But the witchunting smirk of the Times‘s coverage makes me sick. Celebrity exposés for the people who think they are above celebrity exposés. And the witchunting howl of the Guardian‘s coverage as its writers scrambled like hyenas for the scraps left over from the Times‘s kill make me even more sick. These are the same people who were so high-minded about the press intrusions into privacy cited at the Levenson enquiry.

The original meaning of “bully” in the phrase bully pulpit was merely “wonderful”, i.e. that high office gave the holder a wonderful high platform from which he could reach a wide audience with his sermons. Nonetheless I have little doubt that from long before the time President Theodore Roosevelt first coined the term the bully pulpit has been used for bullying in the modern sense. The very fact that a prime minister or president potentially has the power to do harm to a private individual ought to clamp shut the leader’s mouth. No such scruples stopped Tony Blair from joining in the mob that got Glenn Hoddle fired from his job as England football manager for his religious beliefs, but then Cameron always has said he was the heir to Blair.

Decent silence ought to be kept by the great even more firmly in the case of a private citizen’s tax matters than in sexual matters or matters of belief, because a modern democratic state has largely ceased to employ mutaween or inquisitors (“diversity advisors” aside), but it does employ an army of tax collectors, and the prime minister or president is at the head of that army. A responsible ruler would be horrified by the thought that a careless word against an individual might well cause servile tax officials to attempt to win the ruler’s favour by focussing on that individual.

Scandalum magnatum

From Media Law by Geoffrey Robertson, Q.C. and Andrew Nicol, Q.C., I quote:

The arcane offence of scandalum magnatum was created by a statute of 1275 designed to protect “the great men of the realm” against discomfiture from stories that might arouse the people against them. The purpose of criminal libel was to prevent loss of confidence in government. It was, essentially, a public order offence, and since true stories were more likely to result in breaches of the peace, it spawned the aphorism “The greater the truth, the greater the libel.” Overtly political prosecutions were brought in its name, against the likes of John Wilkes, Tom Paine and the Dean of St Asaph. Truth is not a defence, unless the defendant can convince a jury that publication is for the public benefit. The burden of proof lies on the defendant, who may be convicted even though he or she honestly believed, on reasonable grounds, that what was published was true and a matter of public interest.

Some of our readers are learned in the law of the land. I appeal to you, find a way to bring a prosecution against divers great men of the realm, to whit David William Donald Cameron and Daniel Grian Alexander. Should not the law apply equally to great and small? Find grounds to bring suit against Cameron and Alexander for their criminal libel against James Anthony Patrick Carr, against whom said Cameron and Alexander, abusing their office, did arouse the fury of the mob despite Carr having broken no law.

Jimmy Carr’s tax planning

“If you want others to pay more tax, then you should be consistent and pay as much as you possibly can yourself – you should even consider paying more than you have to by making a donation to HMRC or to government-owned institutions, such as NHS trusts. Those who believe taxes are moral in of themselves – a commitment to the common good – should practice what they preach. Yet if the allegations of massive, albeit legal, avoidance involving Carr are right – he hasn’t denied them – a man who specialises in ridiculing others, often in the cruellest of ways, may now end up as the butt of others’ jokes.”


Allister Heath,
talking about Jimmy Carr, a stand-up comedian with a flair for tax planning. Heath’s solution: a simple, low, flat-rate tax that everyone pays, should be embraced. The only people who will suffer are tax lawyers and accountants, who may find they have to do something rather more productive instead. (In case anyone objects, I am a minarchist, not an anarchist, so some way of financing the most minimally-necessary state functions needs to be found).

Update:

“The real joy is that these people are all Lefties of the worst sort. I don’t just mean they’re pompous, preachy and self-satisfied – God knows, the Right has a few of those as well. I mean they’re the most glaring kind of hypocrite, denouncing their enemies as not just wrong but evil, while committing the sins they rail against. It’s like those class crusaders – Polly Toynbee, Diane Abbott – who send their children to private schools: by their own behaviour, they forfeit any claim to be taken seriously. It may seem gratuitous to rejoice in their downfall, but the moralising morons have fashioned the rods for their own backs. It would be positively rude not to take a thwack or two.”

Robert Colville.

Okay, another update, from Jamie Whyte, writing in the Wall Street Journal:

“For those Brits who complain that Mr. Carr is not paying enough towards their state-provided services are not really motivated by moral principles. They simply want Mr. Carr’s money. And Mr. Cameron wants their votes. Their outcries are not the sound of moral indignation. They are the howls of frustrated predators.”

We may be fucked but we are less fucked than you… Part Deux

Sometimes useful insights about the state of the world comes from sources very far removed from the dismal mainstream media. This was taken from Knight Frank estate agency promotional bumf stuck through my door yesterday under the title “What nationalities are buying in your area?”

Given what has happened with the presidential elections in France we will be seeing many more French buyers shortly. We have also seen a huge spike from people in France searching on our website for properties in London.

Yup. We may be fucked but we are less fucked than you.

Such a happy crowd are we

D-MYST was formed by young people in the city who were concerned that they were being targeted by tobacco companies in their favourite films. They launched a campaign called ‘Toxic Movies’, to put the spotlight on the issue, and have gained international publicity for their cause.

D-MYST members say that taking smoking out of youth-rated movies is not about censorship – but is about asking film-makers to think again before they make films which young people can see, which contain smoking.

the SmokeFree Liverpool “youth group”, D-MYST (Direct Movement by the Youth SmokeFree Team).

Inspiring is it not, the young people spontaneously coming together in their milk bars and discothèques to defend the innocence of their favourite films that they love to watch of a Saturday morning? Perhaps one could even make a film aimed at the “youth market”, as I believe it is called, depicting the kids’ plucky struggle, interspersed by lively songs and numbers from some popular beat combo. It would show how they damn darn well went out there and got funding from a Quasi Autonomous Non Governmental Organisation called SmokeFree Liverpool who in turn got funding from an NHS Primary Care Trust who in turn got funding from the Department of Health who in turn got funding from the taxpayer.

A nasty, cynical man called Christopher Snowdon wrote a report called Sock Puppets that said “D-MYST is the very model of an astroturf group”, and that the story of it being formed by the youth of Liverpool was “slightly implausible”. Wrong-O. It is very implausible indeed. However it did lead me to the wonderful ABC Minors Song, which goes:

We are the boys and girls well known as

Minors of the ABC

And every Saturday all line up

To see the films we like and shout aloud with glee

We like to laugh and have our sing-song

Such a happy crowd are we

We’re all pals together

We’re Minors of the ABC.

I bet that crazy D-MYST gang would love it as a theme song!

Cool gun

News can travel fast these days, but this particular bit of news took its time reaching me. It started in Covent Garden, then went to Oddity Central, then to here, in Canada, and from there to here, which is based somewhere (I think) in a southern state of the USA, where I read it, I being about two pleasant little walks away from Covent Garden. And now it is here:

Icecreamists of Covent Garden, London has created the Vice Lolly, a sacrilegious gun-shaped frozen treat made from holy water from a sacred spring in Lourdes, France, 80% alcohol absinthe and sugar.

According to this, this gun is still perfectly legal here in Britain. Nevertheless, my first thought was (hence that link): isn’t there some kind of law here against replica guns? Call it the chilling effect.

Would you prefer me to be more serious about guns in Britain? Not tonight thank you. The subject is too depressing.

Boris Johnson, just another dreary authoritarian

If anyone ever had any hopes that Boris was any different to the dreary authoritarians who populate the system, this should lay such notions to rest. He is very much ‘one of them‘.

He purports to have ‘libertarian instincts’ and yet thinks the role of the state should extend to telling people at gun point what they can eat. To hell with taking a moral position and respecting self ownership, says Boris, what are the utilitarian arguments?

A vote for this man was sadly a vote for more of the same regulatory statism that spews out of the political class.

We should have listened to Mrs T

“By the way, George Soros also warned that the new, creditor-dominated Europe would become “a German empire with the periphery as the hinterland”. Didn’t a certain female politician warn of something along these lines nearly 25 years ago, and wasn’t she branded xenophobic for her pains? An entire generation is being made to pay for our continent’s slow learners.”

Charles Moore.