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]

Melanie Phillips misses the point

On her blog over at the Spectator website, Melanie Phillips, a writer with whom I generally agree on certain things, not least the right of Israel both to exist and defend itself, writes what I think is a poor article on David Davis’ recent decision to hold a by-election in his parliamentary seat to highlight the loss of civil liberties:

Much is being made in some quarters of the apparent gulf between the view taken of David Davis’s resignation by the political and media village (he’s lost the plot/is a one-man plot/is a monstrous narcissist) and the public (he’s a hero fighting for Britain’s ancient liberties). I can’t help but see all this as yet another example of the replacement of reason by emotion. I can certainly see that Davis has touched a popular chord among people who feel passionately – and I have much sympathy with this – that MPs no longer act in the public interest and no longer speak for them but instead are machine politicians whipped by their party leadership into a systematic denial of reality. I also sympathise with the general view that the state is encroaching more and more oppressively into people’s lives – the abuse by local councils of anti-terrorist legislation being a case in point. To that extent, the quixotic Davis is surfing the popular tide of anti-politics, which explains much of the support he is getting and is not to be under-estimated.

“Much is being made”. Yes, that is because the loss of civil liberties and the spread of the database state has reached the point where ordinary members of the public – those ghastly people – are getting riled. David Davis is a sufficiently paid-up member of the human race to have spotted this. But to dismiss his action as some sort of Dianaesque emotional display, rather than what is in fact a pretty shrewd, calculated act seems a bit patronising. And then we get to the reasoning that explains why Ms Phillips dislikes what Mr Davis has done:

Second, he says he is against 42 days because he stands for the hallowed principle of not locking people up without charge. So does that mean he is against the 28 day limit as well? And if he is, then surely he has to be against the 14 day limit that preceded it, and the seven day limit before that. Indeed, according to the principles he has laid down he has to be against any detention before charge at all. Similarly, he says he’s against the whole ‘surveillance society’ including speed cameras, DNA databases, CCTV and so forth; yet he also says he’s not against all of this, and doesn’t want to get rid of all DNA testing because some of it is perfectly sensible. So what exactly is he fighting for? And why couldn’t he do so within his own party, which largely takes precisely the view he professes? Has he given this any systematic thought at all? Despite his SAS image and multiply-broken nose, is he not merely beating his chest and emoting, in tune with the sentimental irrationality of the age?

Well, leaving aside the snide remark about his “SAS image”, I am not sure how Mr Davis would reply to all of those points but his recent remarks make it pretty crystal clear that he is against the holding of DNA on innocent people, for example, or even shorter periods of detention without trial. Ms Phillips, presumably, is in favour of all the above and more.

Then we get an argument that Mr Davis is in favour of all this “emotional” civil liberties stuff because he is insufficiently aware of the threat Britain faces from Islamic terrorism:

It also strikes me that there is a strong and quite vicious sub-text to the support he has been getting within certain political circles, which are backing him against what they call the ‘neo-cons’ in David Cameron’s circle — by whom they mean in particular Michael Gove and George Osborne. The thought-crime committed by these two is to analyse correctly the threat to this country posed by Islamism and to support America in its fight to defend the free world. The anti neo-cons believe, by contrast, not merely that Britain must put critical distance between itself and American interventionism, but that the threat to Britain from Islamism is hugely exaggerated, both from within as well as from without. It is in that context that they maintain that 42-days is unnecessary because the dire warnings about the likely threat to this country are unproven and that the extension of the detention limit is instead a Trojan horse for the willed erosion of our ancient liberties.

The reasoning is weak. It does not seem to cross her mind that one might be as concerned as the next man about terrorism – as I am – without feeling the need to chuck out long-standing protections of the individual that were not even removed – or at least only shortly – during emergencies such as the Second World War. It may be that some people on the right dislike the “neocon” argument out of some naive attitude about terrorism, or some sort of hatred of Israel/America, etc, but that does not appear to be the case with Mr Davis. As far as I can tell, he is very much from the Atlanticist tradition of conservatism.

Ms Phillips is also playing to the bad argument that to be a defender of liberty is to be a softie on security. We have to absolutely nail this terrible idea that you can trade off one against the other.

By contrast, here is a cracking article that takes Mr Davis very seriously indeed.

The logic of prohibition

A crackle of buzzwords in the braes. The Scottish government has “bold proposals to deal with the issue” of the “impact on crime and anti-social behaviour” of people drinking alcohol, which is reputedly “often cheaper than water” in some Scottish supermarkets. Where that leaves the stereotype of Scots as careful with money, I don’t know. Why would they buy water from supermarkets rather than getting it near-free from a tap? Perhaps they are all drunk.

To solve the problem of cheap and plentiful products and consumers willing to consume them, it is proposed to institute minimum prices – with the enthusiastic support of specialist retailers, from whom the “cheaper than water” claim comes – and to raise the minimum age for buying alcohol to 21 in Scotland. The evidence that this will do anything to mitigate the alleged problems is, of course, lacking.

Also in the absence of evidence, I have a prediction about the effect on crime of minimum prices and reduced availability for alcohol. Crime will go up. Not only will new criminal offences have been created, but since many will find it more difficult to get booze, some of them will steal it.

It is that time of year again

The annual jamboree that is known as the Wimbledon tennis fortnight gets going in a few days’ time. I watched the Roddick/Nadal match yesterday and was stunned at the sheer speed with which Andy Roddick, the US player, served the ball. On several occasions he hit serves of more than 140 mph. Jesus. It made me wonder whether there is any wisdom in John McEnroe’s suggestion that wooden racquets are brought back to put some more finesse into the sport. There is no doubt that modern sports technologies, including the materials used to make everything from tennis racquets to the heads of golf drivers, have evolved at an amazing pace. One reason why modern tennis championships have to use special gadgets to test that a ball has fallen inside a court boundary is because of the ferocious speed with which the ball can be hit. It is almost impossible for a line judge to see the fall accurately over the course of a long game. I play occasionally and bought a racquet in a sale that, to my amazement, can be used to hit the ball incredibly fast. But I wonder whether this makes for a better game overall.

In the meantime, here are some good reasons to watch the sport. As for the ladies, I am told they are rather keen on the young Spanish maestro, who threatens to dethrone Roger Federer, one of the greatest tennis players I have ever seen, from his spot as best player on grass.

Interesting, very interesting

Reported in the Observer

Bob Marshall-Andrews yesterday defied the Prime Minister to sack him, adding that he hoped other Labour MPs would join the former shadow home secretary’s one-man crusade for civil liberties.

‘They can’t muzzle the whole of the party, and it seems to me foolish in the extreme in the present climate to start describing civil liberties as a stunt,’ he told The Observer. ‘I have had emails asking, “Why does it take a Tory to say this”?’

Not much blogging tonight because…

…there is a party celebrating a half century (not out), at Samizdata HQ tonight.

Jian_Elena.jpg

The company was delightful…

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…the booze plentiful…

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…the gifts were exceedingly creative

Getting confused on the meaning of liberty

The Guardian newspaper, which regards David Davis’ resignation as an MP to hold a by-election over detention without trial as a “stunt”, carries this rather sniffy editorial that tells you a great deal about the mindset of those in power and their media lackeys. Excerpt:

He is right on ID cards, but only on the basis of an excessively sweeping mistrust of the state. The liberty he is concerned with is, almost exclusively, liberty from official interference. There is little place in this conception for freedom from destitution, for example, which only the state can provide. There is also a strongly patriotic dimension, baffling to those who see rights as universal. Mr Davis’s defence of the age-old liberties of English common law, such as habeas corpus, is impressive, but his past disdain for the Human Rights Act sits strangely with that. The European convention which that act codifies may not be exclusively English, but it will provide the only legal basis for a challenge if 42 days becomes law. Another convention right is that to life. Liberals who see that as the most basic freedom will be uncomfortable with Mr Davis’s personal support for the death penalty.

As Perry de Havilland of this parish would put it, that is wrong on so many levels. At the most basic level, the Guardian has conflated the idea of liberty and the idea of power. There is “negative liberty”, which says that liberty is the absence of coercion, and “positive liberty”, which blurs the idea of freedom with the ability, or power, to do things, or have things one wants, such as food, shelter, good health, nice weather, and so on. The late, great Isaiah Berlin skewered this reasoning years ago. The problem in claiming, as the Guardian does, that being “destitute” is the same as lacking liberty is that it ignores what has caused such destitution. A destitute person, living in a free country, will not be molested by the agents of a state in the way that anyone, rich, middling or flat broke, can and will be in a society that has the sorts of restrictions that Mr Davis is opposing. Of course, in some extreme cases, a very poor, or handicapped person is vulnerable to being taken advantage of by others, which is why prosperous societies full of people willing to help the weak and vulnerable are far better places to be. But socialism makes the fatal error in conflating liberty with power. In fact that error leads to the idea that somehow, all manner of regulations are okay so long as we have a full belly and somewhere to lay our heads at night. David Kelley, the philosopher, also confronts the nonsensical idea that poverty and coercion are the same thing in his book about welfare. Here is a review of that book that is worth reading.

→ Continue reading: Getting confused on the meaning of liberty

The Revolution continues

Ron Paul and his campaign workers are still out there taking on the dirty job of rebuilding the Republican Party. If you are interested in what they are up to, you can watch this speech.

I might also add that I read “The Revolution: A Manifesto” while I was on the road for a month. It was pretty much as I expected: I disagreed with him on Iraq and vehemently agreed on almost everything else. It is a very readable tome and I will go so far as to say it will be seen as a classic. It should be on the shelf of every libertarian.

The Irish Say No

The Irish have voted “No” to the EU Constitution, sorry, Treaty, in their national referendum.

It is turning out to be quite a week in politics.

A foldable aircraft

This is very cool.. I reckon 007 should get Q to make him one with all those lovely “additional features”.

Gamers are real people!

A story here which says that fans of computer games are not all weird. I have never quite understood this whole media fixation with games just because they are on a screen rather than face-to-face. A lot of games draw on all kinds of creative energies and are arguably far better for cognitive development than just passively watching TV. As for the arguments about various social pathologies, well, this book is an excellent corrective to the social scolds, pointing out that games involving superheroes and vanquishing monsters is actually a very healthy thing.

Coming next, research shows that people who like to play poker with their mates on a Friday night, play tennis on a Sunday afternoon, do the Times crossword, are also normal. (Sarcasm alert).

Of course, by some yardsticks of social behaviour, gamers, or other hobbyists, are “weird”, but then what counts as normal, exactly?

Personally, I think the world could use a bit more eccentricity, not less.

Samizdata quote of yesterday

I do not believe, as Ministers continue to insist, that there is some trade-off between our liberties and the safety of the realm. What makes us free is what makes us safe, and what makes us safe is what will make us free.

– Increasingly loveable leftie Diane Abbott MP, who was unfortunate to be trumped by David Davis’s melodramatic flourish.

Tory MP resigns his seat to protest erosion of civil liberties

David Davis, the Tory shadow Home Secretary, has resigned over the issue of detaining terror suspects for up to 42 days. He is going to resign his seat as an MP, hold a by-election, in the hope that he can win and create a storm of public rage over this issue.

It is certainly a bold move, and a commendable one. I am glad that at least some Tory MPs have got some backbone. As a former Territorial SAS member, Davis has more guts than most.

Update: I see that parts of the right-leaning press are trying to sell the narrative that Davis is a nutcase, trying to create cover for himself in the offchance that David Cameron, Tory leader, hits any future problems. Well, I guess that is possible. Make no mistake, how the Tory party reacts to Davis’ stance will tell us quite a lot about how genuine their commitment to civil liberties, to overthrowing ID cards, etc, really is. I cannot help but believe that David Davis, a very different animal from Cameron, has probably had a very major row with his centrist boss, who I confidently predict will not repeal most of the measures this present government has passed.