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]

Critical Race Theorist literally knows nothing

“They literally know nothing” was what Obama advisor Ben Rhodes said about the Obama-worshipping journalists he fooled into repeating his Iran-deal talking points. But those guys are left standing by Nikole Hannah-Jones, author of ‘The 1619 Project’.

“it’s also hard to look at countries that didn’t have large institutions of slavery and compare them to the United States.”

Most people noticed her statement because of the immediately following sentence:

“If you want to see the most equal multi-racial democ… — it’s not a democracy — the most equal multi-racial country in our hemisphere, it would be Cuba,” Hannah-Jones said.

She knew enough to avoid (just!) going on record as calling communist Cuba a democracy – but she did not know enough to avoid talking about “countries that didn’t have large institutions of slavery” compared to the United States.

I saw from the start that some of Nikole’s 1619 rubbish merely exposed her utter ignorance of her subject. The blacks whom the Virginians bought from a Portuguese slave trader in 1619 were treated like whites – that is, they were treated as indentured servants who after 10 years were freed, given some farm tools, pointed at a plot of land and left to get on with it. (Some of them got on so well that before mid-century they were buying white and black indentured servants themselves to work their expanding acreages.)

One could justly say these early-arriving blacks were not treated exactly like poor English whites who – unless convicted of a crime – had always chosen to sign their ten-year indenture, to pay for transport across the Atlantic and survival while they found their feet. The closer analogy is to some Scottish whites. More than one clan chief sold some clansmen on indentures across the Atlantic when funds were low, and in 1707 a leading Scottish parliamentarian informed his peers that there was no need for them to fix the disastrous financial situation by accepting the English payment and voting their own abolition – Scotland’s elite could keep their separate parliament and avoid national bankruptcy by selling enough poor Scots to the Americas instead.

When the Portuguese offered to sell black slaves, those 1619 Virginians could only buy them as ten-year-indentured servants. They were still wholly under English common law and Lord Mansfield’s 1770s ruling merely echoed a two-centuries earlier ruling of Elizabethan judges that English common law knew no such state as slavery. It took the Virginians decades to start even questioning this and almost a century to unlearn it fully. As late as the 1690s, a black man who petitioned the Virginia council that his white master had made him serve not for ten years but for twelve “contrarie to all right and justice”, was freed by their order. If Nikole had called it the 1705 project, I’d have thought she at least knew something about the actual faults of the country whose history she was travestying. Only positive statute law can override English common law’s aversion to slavery, said Lord Mansfield – and 1705 was the year the Virginia legislature completed providing it. I knew from the start that Nikole was not just lying about all that, not just indifferent to the truth of all that – she was also pretty clueless about it.

But now it emerges she knows nothing about other countries either! “Countries that didn’t have large institutions of slavery”, she says. Which countries would that be, I wonder?

– Certainly not Cuba before Columbus or Cuba after Columbus (or Cuba under communism – you have to know nothing not to know that communism always reintroduces slavery).

– Certainly not Brazil before or after the Portuguese ruled it, or after it ruled itself – Brazil was the very last new-world country to abolish the slave trade (it needed an undeclared war from the Royal Navy to persuade them) and then slavery itself (they needed a bit of persuasion there too).

– Certainly not Mexico under the Aztecs, or Peru and Chile under the Incas, or any of them under the Spaniards (the absolute Spanish King could in time announce that slavery should end without needing to consult any tedious parliaments – and his unconsulted subjects in the distant Americas could pay the unvoted law little attention as they carried on buying black slaves from the Portuguese).

– Certainly not any of the western sub-Saharan African states, who sold the surplus they had left after the Dahomans had celebrated their murder spectacle, the Bemba had blinded enough singers to entertain them, the various cannibal tribes had eaten their fill, etc.

– Certainly not any of the eastern sub-Saharan African states, where the tribes raided each other and the Swahili worked for the Arabs, who found slave-raiding cheaper than slave-trading.

– Certainly not the Arab world. Historians who know what they are talking about speak of “the abolition of slavery” in the west and “the decline of slavery” (under intense western pressure) in the Arab world.

– Certainly not many other places. In 1776, Adam Smith accurately noted that slavery was almost universal, being absent only from western and parts of central Europe.

So what countries in 1619 – or a good deal later – could be giving her this problem of lacking historical “institutions of slavery” on US timescales. England? France (had serfdom for much of the period, but not slavery)? … It’s not that long a list (and it’s a bit white!). And I don’t think any of the countries she was thinking of are on it. “Ignorance is Strength”, said Orwell’s 1984. It’s certainly hers.

It’s a pity, because the real history of how the Virginians gradually retreated from a custom of freedom that they’d started with is well worth studying. And the spectacle of a community with a custom of freedom slowly losing it holds a lesson for today.

“Does Britain have free speech?”

The title is quoted from a Quillette article (h/t instapundit) inspired by the following letter to author James Flynn from Tony Roche, publishing director of Emerald, explaining their decision to drop his book:

“I am contacting you in regard to your manuscript ‘In Defense of Free Speech: The University as Censor’. Emerald believes that its publication, in particular in the United Kingdom, would raise serious concerns. … the work could be seen to incite racial hatred and stir up religious hatred under United Kingdom law. Clearly you have no intention of promoting racism but intent can be irrelevant. …”

In the 1930s, J.R.R.Tolkien’s publisher contacted him regarding publishing ‘The Hobbit’ in Germany. To do so, they were legally obliged to provide an assurance that Tolkien had no Jewish ancestry. Tolkien gave them two courteous letters, saying he would rather they sent the first but he acknowledged it was up to them. The first politely withheld the information. The second expressed Tolkien’s “regret” that he had “no ancestors of the gifted Jewish race”, adding that his pride in his German ancestry would be sensibly diminished if enquiries of this kind pointed to Germany’s future. (Alas, back then, all too clearly they did.) Because it is this second letter that was found in the publisher’s files, it is thought they acted on Tolkien’s request to send the first.

My pride in being British will be sensibly diminished if Emerald’s letter points to our future. My Brexit enthusiasm owes much to my knowledge that one side would let Britain become a place where Emerald could feel less concerned, while the other are determined to give them cause to feel yet more.

Emerald Publishing was founded in 1967 “to champion new ideas”, according to its website. I guess you could say free speech is an old idea and banning it is the new idea – though also a very old one. Or maybe ‘champion’ doesn’t mean what I thought it did. Such pride as I ever felt in British publishers was sensibly diminished as I read that letter – and it did not cheer me to think that while the decision may reflect some cowardice or even complicity in Emerald, shocked to find an un-PC book had somehow crept into their planned list, the letter may also be factual and more honest than the activists who would prosecute.

As annoying?

We’re confident that North Carolina’s politics will annoy us from the right as much as California’s does from the left, but we’re equally confident that center-right North Carolinians won’t try to personally and professionally ruin us for daring to disagree with them.

The quote is from a comment to this article (that I found from instapundit). The commenters – Californians who have decided to vote with their feet – complain they’ve seen one too many

smart, talented colleagues fired, and their reputations blackened, because they had the temerity to utter a heterodox opinion, or made it known that they voted for a Republican, or were insufficiently enthusiastic about adopting the latest politically-correct newspeak.

They expect to be as annoyed by NC’s right-wing politics as by CA’s left-wing politics. It may be just their way of expressing it. And I suppose it will be a culture shock (understandable they’ve not moved to Texas, or Alabama – or Samizdata 🙂 ). But I have a hard time imagining being as annoyed by politics that will allow me to dissent as by politics that will punish any hint of dissent.

But maybe that’s just my typical right-wing focus on the honesty of the process rather than the nobility of the goal.

No bible cake – fine; no trans cake – crime

Ironically, the Colorado Civil Rights Commission actually defended another baker who refused to bake a cake that would convey a message. In 2015, the commission declined to take up an appeal involving Azucar Bakery, which refused to bake Bible-shaped cakes with messages against homosexuality. The bakery’s owner, Marjorie Silva, said she refused to bake the cakes because the writing and imagery were “hateful and offensive.” Christian Baker Again Under Fire for Refusing Transgender Cake Despite Supreme Court Win

I’m all for there being as many articles as possible exposing the Colorado commission’s ongoing war on free speech, but I do not think the word ‘irony’ means what this article thinks it does. I see not irony but consistency. When the Colorado commissioners treat the supreme court’s ruling on them as a joke, but expect the bakery to treat their new case against it as no joke, they’re not being ironic. They are consistently pushing their freedom-hating agenda.

Now if this were to help Trump and the GOP in the midterms, that would be ironic.

(One other thought: the she-it-he person who demanded the bakery bake a trans cake has apparently also demanded that it bake a satanist cake, but AFAICS the commission has not taken action over that. Is the commission prejudiced against satanists?)

If you cross the river Halys, you will destroy a mighty empire!

Twitter’s CEO and its co-founder urge other left-wingers to consider a recent article explaining “Why there’s no bipartisan way forward at this juncture in our history — one side must win”. It’s a long read – but almost any excerpt indicates which side the author is sure both should and will win. Trump…

“has alienated most of America and certainly all the growing political constituencies of the 21st century. He is turning the Republican brand toxic for millennials, women, Latinos, people of color, college-educated people, urban centers, the tech industry, and the economic powerhouses of the coasts, to name a few.

For a long time, Republicans have been able to hide their vile inner selves…

through a sophisticated series of veils, invoking cultural voodoo that fools a large enough number of Americans to stay in the game.

It is therefore almost a relief to the author that

Donald Trump has laid waste to that sophistication

so that it’s now obvious to all – or almost all – that

The Republican Party is all about rule by and for billionaires at the expense of working people.

Whereas before…

The Republican Party for the past 40 years has mastered using dog whistles to gin up racial divides to get their white voters to the polls.

now…

Trump just disposes of niceties and flatly encourages white nationalists, bans Muslims, walls off Mexicans, and calls out “shithole” countries.

I confess to some doubts about this – after all, not one Mexican has been walled off yet, and I have the impression that few muslims have in any sense been banned – but the author brooks no denial. And speaking of denial,

“The Republican Party is the party of climate change denial. Trump is the denier-in-chief, but there are 180 climate science deniers in the current Congress (142 in the House and 38 in the Senate), and none of them are Democrats. More than 59 percent of Republicans in the House and 73 percent of Republicans in the Senate deny the scientific consensus that climate change is happening, that human activity is the main cause, and that it is a serious threat.

If only I could trust the author’s counting ability – but since believers in his “scientific consensus” are believers in a statistical method that can extract hockey sticks from random noise, can I feel sure that the numbers of sceptics are growing as fast as he says?

The essence of Trump is that there’s…

No beating around that bush for the sake of appearances — Trump burned the bush down.

If only this were wholly true – but for once I’ll agree with the author: there is truth in it. The alternate realities of Scott Adams were never so vivid to me than at the moment I read these assertions of how Trump exposes the right while thinking that the very words I was reading showed how the Trump phenomenon exposes the left.

The author explains his simple and foolproof plan:

The way forward is on the path California blazed about 15 years ago. … reconfigure the political landscape and shift a supermajority of citizens — and by extension their elected officials — under the Democratic Party’s big tent. The natural continuum of more progressive to more moderate solutions then got worked out within the context of the only remaining functioning party. … Make no mistake: A reckoning with not just Trump, but conservatism, is coming.

In short, the author and friends have both a duty to reject all compromise and, now that Trump has exposed their enemies’ true nature, a 98.2% chance of winning this war they plan to hot up (or better – he doesn’t actually quote a percentage); after all, it worked in California. What could go wrong, since…

This is a civil war that can be won without firing a shot.

As Reagan once said, “It takes two to tango.” By contrast, a certain Adolf is merely the most infamous of many who have shown that it only takes one to start a war. Political correctness is all about ‘inclusion’ – except when it’s all about excluding more and more people for *isms and *phobias ever more broadly defined. If the PC follow this advice to make US politics explicitly a conflict that “only one side must win”, then I predict that the prophecy will prove correct – but possibly also Delphic.

Becoming more widely noticed

Political correctness is like HIV: after you’ve caught either, something that you could otherwise deal with easily can kill you.

Somewhere after 9/11, with Bush having informed us all about the fundamental and undeniable peacefulness of Islam, I began to think of our own governments as the HIV virus, preparing the welcoming ground for pneumonia that usually follows and eventually kills you. Islam is just one particular strain of bacteria causing common and normally non-lethal pneumonia.

– Alisa, commenter of this parish, two months ago

And note that one guy, by triggering internal SJW craziness, has done more PR harm to Google than has been done since its inception. It’s like an autoimmune disease.

instapundit today

Samizdata quote of the day

Pickup basketball is a beautiful example of the spontaneous, emergent order that arises from voluntary interaction predicated on classical liberal principles of dignity, respect for the individual, and voluntary cooperation. Every individual who has ever played pickup basketball can enumerate the rules for forming a team, playing, and interacting regardless of location, age or ethnicity- African Americans in the poorest sections of Harlem play by the same pickup rules as do those on the playgrounds of the whitest, richest suburbs in America.

Trey Goff

A slap in the face becomes a kick in the balls for the Education nomenklatura

A fresh instalment in the case of the man, the heroic Jon Platt, prosecuted for taking his chid out of school in term time for a holiday, but was acquitted by Magistrates. Scandalously, bureaucrats on the Isle of Wight appealed against the decision of the Magistrates to throw out the case, only to find that the High Court has found ‘no error of law’ in the Magistrates’ decision, so the acquittal remains. This has now blown back in the face of the bureaucrats, as this decision sets an unwelcome precedent with two High Court judges giving a ruling on the law, and meaning that for years, bureaucrats have harassed parents and got many to pay fixed-penalty notices on what was likely, in most cases, to be a wholly wrong interpretation of the law. As Mr Platt put it:

“Is there really 100,000 parents who are so criminally incompetent that it warrants dragging them to court?”

It appears that the scale of the problem is vast:

According to local authority data, almost 64,000 fines were imposed for unauthorised absences between September 2013 and August 2014.

And are the bureaucrats saying ‘Oh well, the law is the law, we must respect it’? If they are, I can’t hear them.

This is, of course, great news for parents in England and Wales who may now take their children on holiday in term-time without a realistic prospect of a prosecution. It also means that the old and absurd complaint about prices and supply-and-demand, ‘Oh look, holiday prices go up at half-term, how exploitative blah, blah, blah, regulate the holiday industry…‘ will be less easy for buffoons and villains to make out, and there will be a more economic use of resources in the holiday industry, taking use one more step away from the Stone Age.

What’s not to like when the light of freedom flickers more brightly?

German border controls – things ain’t what they used to be…the ‘Dodendraad’

Recent events in Germany may have led some to ask if Germany still controls its borders. Well of course the German Federation does, it had an entire Border Police Force, the Bundesgrenzschutz to do that, and it has quietly been building a Federal Police Force by merging the Railway Police with the Border Police. However, the German Federal State does not seem to regard border control as that much of a priority.

It wasn’t always thus for German governments, we all know about the Berlin Wall, or the ‘Anti-Fascist Protection Rampart‘, an example of German bureaucracy showing some resolve as to who crosses its borders. The Wall was of course, the weak point in the East German border, although technically it did not divide the Germanies, but the Allied Occupation Zones from the Soviet Zone and from the DDR, and for most of the time, there was no point fleeing to comradely Poland or brotherly Czechoslovakia, but that changed in the late 1980s. At the Berlin Wall, some 138 deaths have been recorded, there may have been many more.

But there was a more deadly border defence put in place by a German state, Imperial Germany, it was called the Dodendraad, a lethal electric fence, the implementation of which left, by one estimate, around 850 people killed, other reports say around 2,000 – 3,000 people were killed, including shootings etc. at the fence. You may well say ‘It doesn’t quite sound German‘, and you would be right. It wasn’t even ‘protecting’ Germany’s border, but someone else’s. The Dodendraad (Wire of Death) was put along the frontier between occupied Belgium and the Netherlands in the First World War, as a means of controlling movement over the frontier. A frontier that had two peoples with effectively one language joined by trade and family, and separated by murderous force. The Wire did not cover all of the Belgian/Dutch border, as the Kaiser did not violate Dutch neutrality by seeking to place it around Baarle-Hertog’s many borders with Baarle-Nassau.

The task facing the Imperial Army was demanding, there were no Belgian power stations to power the 2,000 Volt wires along the over 200 miles of the fence, as Belgium (we are told) had no power grid at that time.

Around the clock there was a guard every fifty up to one hundred and fifty metres. At nighttime the number of border guards was doubled, there were also more patrols. German soldiers were ordered to fire immediately after every unanswered warming. Yet they were not allowed to fire in the direction of The Netherlands. The soldiers walked from one switching cottage to the next one, returning when they met with a colleague halfways.

For the poor border Belgians, life was grim:

Placing the wire of death made it impossible to enter The Netherlands. Border traffic was reduced. For inhabitants of the border region this was a painful ordeal as their friends and relatives very often lived in both countries. All traffic to The Netherlands was forbidden or required a strict German control. Whether one could visit a relative or a friend on the other side of the border, depended on the arbitrary decision of the local commander who might – or might not – grant a written (and paid for) permit to leave the country for just a few hours or days. Belgians had to leave the country through a specific gate and had to enter again through the same gate, subject to scrutinous control and registration. If one failed to return in time from a visit to e.g. a sick relative, one simply risked having family members imprisoned or you were forced to pay a heavy fine.

So even before the Germans sent Lenin to Russia to found and then electrify the Soviet Union, they had built a model death strip that many a socialist thinking about the good old days of East Germany could have been proud of.

‘No offence’ – in Northern Ireland…

Thirteen members of a Loyalist marching band, the Young Conway Volunteers, have had their criminal convictions for ‘doing a provocative act likely to cause public disorder or a breach of the peacequashed after the Public Prosecutor agreed not to oppose their appeals.

The non-offence occurred after the marching band found themselves marching in a circle outside St Patrick’s Church (Catholic) in north Belfast, whilst playing (allegedly aggravated by hostility) a tune alleged to have been ‘the Famine Song’ with the presumably catchy refrain ‘The famine’s over, why don’t you go home?‘, but what they said was the Beach Boys ‘Sloop John B‘ (reportedly an easy mistake to make, the basic tune is widely used). How this was proved at the original trial when they presumably were playing a tune on instruments and not singing was not made clear.

Although now acquitted, the band members agreed to be bound over to keep the peace for 2 years (not a conviction but a promise of good behaviour, breach of which could lead to a 7 day jail term).

Whilst this acquittal in the face of ‘hate legislation’ is certainly a good thing for liberty, I note the apologetic tone of the response of the Orange Lodge, which presumably has some connection to the band:

In a statement, The County Grand Orange Lodge of Belfast welcomed the successful appeal.

“We are glad that justice has finally been achieved for these band members who had been wrongly vilified by the media and nationalism,” it said.
“There never was an intent to cause offence.”

One might ask what on Earth were they marching for if not to ‘cause offence‘ (in the subjective sense) on 12th July by their celebration of the lifting of the siege of Londonderry? To say that there was ‘no intent to cause offence‘ appears to concede that offence was caused, rather than taken or even perhaps rejoiced in as an opportunity to throw the legal machinery of the State at the band.

Why not say that this legislation is oppressive, tyrannical and makes the law itself a politicised weapon, a sword, not a shield?

To me as an Englishman, the whole shebang seems utterly alien, the intolerance and fanaticism on both poles of the Ulster divide mark them as having more in common with each other than with insipid, fundamentally apolitical England. Whether or not that is a good thing for Northern Ireland, or for England, may in the long run be another matter.

A welcome slap in the face from the Magistracy for the Education nomenklatura

A gentleman living on the Isle of Wight took his school-age daughter on holiday to Florida in term time. The child’s absence from school was noted…

The Local Education Authority issued him with a fixed-penalty notice for £60, for failing to ensure that his child attended school regularly. He refused to pay this ‘penalty’ (a bureaucratic alternative to prosecution). The ‘fine’ was doubled (by the bureaucrats) to £120, he refused to pay, so he was summonsed to the Magistrates’ Court by the authority to face a charge under Section 444 of the Education Act 1996 (from John Major’s time).

Sure enough, he argued, my daughter wasn’t in school, big deal. The offence was not made out. Here is the wording in question.

Offence: failure to secure regular attendance at school of registered pupil.

(1)If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

So, for those (many) parents harassed, threatened and fined by bureaucrats, they have been acting as if the law required total attendance at school.

The rule of law has prevailed, the offence was not made out, on the prosecution’s case, the case failed. What troubles me is that I find that, in England in 2015, refreshing.

But as Mrs Thatcher once said ‘Just rejoice at that news!‘.

Another year…

Police powers last changed significantly at the turn of the year when the Serious Organised Crime and Police Act came into effect, along with a new ‘Code of Practice’–delegated legislation in effect–under the Police and Criminal Evidence Act 1984.

That’s almost seven weeks ago, so obviously it is time to add to them. Enter the government today with yet another new police bill, the Police and Justice Bill empowering Community Support Officers in some interesting new ways.

Let’s not forget meanwhile the gentle, undisturbed, unnoted, progress of the Powers of Entry Bill which will create a common (low) standard for search and seizure warrants to be issued to officials of all kinds in relation to their functions under around 200 Acts, ranging from adoption to zoo licensing. (And including some long-forgotten items such as the “horror comics” legislation of the 1950s.)