Quotulatiousness

April 5, 2017

Reining in legalized theft

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 11:48

Jacob Sullum on the efforts to clamp down on civil asset forfeiture abuse, which is another instance of the process being the punishment for too many innocent people:

During a meeting with county sheriffs in February, Donald Trump was puzzled by criticism of civil asset forfeiture, which all the cops in the room viewed as an indispensable and unobjectionable law enforcement tool. “Do you even understand the other side of it?” the president asked. “No,” one sheriff said, and that was that.

Trump might get a more helpful answer if he asked Rep. Jim Sensenbrenner, R-Wis., who last week reintroduced a bill aimed at curtailing civil forfeiture abuses. As Sensenbrenner observed, “These abuses threaten citizens’ Constitutional rights, put unnecessary burdens on innocent Americans, and weaken our faith in law enforcement.”

Civil forfeiture lets the government confiscate property allegedly linked to crime without bringing charges against the owner. Since law enforcement agencies receive most or all of the proceeds from the forfeitures they initiate, they have a strong financial incentive to loot first and ask questions never, which explains why those sheriffs were not eager to enlighten the president about the downside of such legalized theft.

A new report from the Justice Department’s Office of the Inspector General highlights the potential for abuse. Between fiscal years 2007 and 2016, the OIG found that the Drug Enforcement Administration took $4.2 billion in cash, more than 80 percent of it through administrative forfeitures, meaning there was no judicial oversight because the owners did not challenge the seizures in court.

Although the DEA would argue that the lack of challenges proves the owners were guilty, that is not true. The process for recovering seized property is daunting, complicated, time-consuming and expensive, often costing more than the property is worth.

“… if you’re on the side that says the other guy isn’t entitled to a side, you’re on the wrong side

Filed under: Australia, Liberty, Politics — Tags: — Nicholas @ 04:00

Mark Steyn on the amazing discovery that a “female, atheist, black, immigrant” is really a white supremacist!

Over the weekend, I swung by Judge Jeanine’s show to talk about one of the most malign trends of our time: the ever more open refusal by one side to permit those on the other side to speak. As I always say, I don’t care what side you pick on the great questions of the age – climate change, gay marriage, Islam, transgendered bathrooms, whatever – but, if you’re on the side that says the other guy isn’t entitled to a side, you’re on the wrong side. […]

They don’t want to participate in the debate, and win it. It’s easier to shut it down and save themselves the trouble. Case in point:

    Ayaan Hirsi Ali Tour Cancelled
    Citing security issues, the Somalian-born activist calls off her scheduled Australian tour…

Let’s just expand that “Somali-born activist” précis a little. She’s not a dead white male like me or Charles Murray. As someone once said, Ayaan Hirsi Ali is everything the identity-group fetishists profess to dig: female, atheist, black, immigrant. But, because she does not toe the party line on Islam, her blackness washes off her like a bad dye job on a telly anchorman – and so do her femaleness and godlessness and immigrant status. And in the end she is Charles Murray, or Geert Wilders – or even David Duke. A black Somali woman is, it turns out, a “white supremacist”.

Ayaan Hirsi Ali is someone who fled genital mutilation and arranged marriage in a backward, barbarous society to come to the west and live in freedom. Her first stop was the Netherlands. But the director of the film she wrote, Theo van Gogh, was murdered in the street, and the man who shot him then drove two knives through what was left of his chest pinning to it a five-page death-threat promising to do the same to Ayaan. So she was forced to leave the Netherlands, and has lived with round-the-clock security ever since. Now she has to cross Australia off the list, too. Where’s next? Can she speak in Sweden? Or Canada? Ireland or Germany? She left Somalia to live as a western woman, only to watch the west turn itself into Somalia, incrementally but remorselessly, at least as far as free speech is concerned.

What your wine choice says about you

Filed under: Humour, Wine — Tags: — Nicholas @ 03:00

Posted on the Facebook Four Sisters Wine page, H/T to Jessica Brisbane for the link.

If Walls Could Talk The History of the Home Episode 2: The Bathroom

Filed under: Britain, Health, History — Tags: , , , — Nicholas @ 02:00

Published on 31 Jan 2017

QotD: Sir John Falstaff

Filed under: Britain, History, Media, Quotations — Tags: , , — Nicholas @ 01:00

… in the back of my mind always ran the great anti-perfectionist utterance of Sir John Falstaff, Shakespeare’s indelible comic character, in Part 1 of Henry IV: “Banish plump Jack, and banish all the world.” A world of perfect sense and good behavior would be well-nigh intolerable: we need Falstaffs, even if we are not Falstaffian ourselves.

If we were to describe a man as deceitful, drunken, cowardly, dishonest, boastful, unscrupulous, gluttonous, vainglorious, lazy, avaricious, and selfish, we should hardly leave room in him for good qualities. No one would take it as a compliment to be described in this way, and we would avoid a person described in such a fashion. Falstaff was all those things, but probably no character in all literature is better loved. Only Don Quixote can compete; and our love of Falstaff is not despite his roguery but because of it. Certainly we would rather spend an evening in his company than with the totally upright Lord Chief Justice of Part 2 of Henry IV. A world of such rectitude, in which everyone had the justice’s probity, would be better, no doubt: but it would not be much fun.

But there is everything in the fat old knight to repel us also: he is almost certainly dirty, and, as a doctor, I would not have looked forward to performing a physical examination on him. He is so fat that the slightest physical effort causes him to exude greasy sweat. As Prince Hal says, he “lards the lean earth as he walks along.” To enjoy Falstaff, you have to be in a tavern; but the world, for most people, cannot be a giant tavern, and outside that setting, Falstaff is distinctly less amusing.

[…]

When Falstaff toward the end of Part 2 of Henry IV learns from Pistol that the old king is dead and that Prince Hal has succeeded him, he immediately sees his opportunity for the unmerited advancement not only of himself but of his cronies. He knows the worthlessness of the rural magistrate, Robert Shallow, and of the ensign, Pistol, only too well; yet he says: “Master Robert Shallow, choose what office thou wilt in the land, ’tis thine. Pistol, I will double charge thee with dignities.” He gives not a moment’s thought—he is temperamentally incapable of doing so—to the consequences of treating public office as a means only of living perpetually at other people’s expense.

Again, when given the task of raising foot soldiers, Falstaff has no compunction in selling exemptions from service and appropriating to himself the money for arms and equipment, leaving his soldiers ill prepared for the battle and with, as he says, “not a shirt and a half” between them: “I have led my ragamuffins where they are peppered [with shot]. There’s not three of my hundred and fifty left alive.” Falstaff sheds not even a crocodile tear for his lost men; their fate simply does not interest him, once they have served his turn and he has made his profit from having recruited them. Even Doctor Johnson is too indulgent when he says: “It must be observed that he is stained with no enormous or sanguinary crimes, so that his licentiousness is not so offensive but that it may be borne for his mirth.” True, he is not sanguinary as a sadist is sanguinary; but depriving 150 men of the means to fight before a battle that ends in their deaths is no mere peccadillo, either.

Why, then, do we forgive and even still love him? If he had been thin, we might have been much less accommodating of his undoubted vices (Hazlitt, in his essay on Falstaff, emphasized the importance of his fatness). At a time when to be a “stuffed cloak-bag of guts,” as Prince Hal calls him, was unusual and most men were, of necessity, thin, Falstaff’s immense size was a metonym for jollity and good cheer — as fatness still is with Santa Claus. It would not have made sense for Julius Caesar, after noting that “Yon Cassius has a lean and hungry look,” to say that such men are well contented. And had Falstaff been slender, he would not have been what Johnson called him, “the prince of perpetual gaiety.”

Falstaff appeals to us because he holds up a distorting mirror to our weaknesses and makes us laugh at them. Falstaff’s dream is that of half of humanity: of luxurious ease and continual pleasure, untroubled by the necessity to work or to do those things that he would rather not do (Falstaff will do anything for money except work for it). There is luxury in time as well as in material possessions, and no figure lives in greater temporal luxury than Falstaff, to whom the concept of punctuality or a timetable would be anathema. Former Italian prime minister Silvio Berlusconi was — or rather, appeared to be — a kind of Falstaff figure, admired by many, though eventually detested by even more, who seemed to lead an effortless life of merrymaking and who was unafraid of the world’s censure. He was therefore able to say heartless but witty things that the rest of us, cowed by the moral disapproval of others, laughed at under our breaths but would not dare to say ourselves.

Theodore Dalrymple, “Why We Love Falstaff: There is some of Shakespeare’s incorrigible rogue in all of us”, City Journal, 2015-08-16.

Powered by WordPress