Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
Frédéric Bastiat, The Law, 1850.
December 8, 2016
December 7, 2016
Self-protection for women – “making the carrying of mace and pepper spray a sex-linked legal privilege”
Colby Cosh discusses the proposal of federal Conservative leadership hopeful Kellie Leitch to legalize the use of non-lethal chemical weapons:
… Leitch’s Thursday announcement struck me as a potentially elegant move in a hopeless chess game. Noting that a large number of women suffer physical violence over the course of their lives, she proposes that Canadians should be allowed to carry chemical mace and pepper spray for self-defence. “Women should not,” she wrote in a Facebook posting, “be forced by the law to be victims of violence when there exist non-lethal means by which they can protect themselves.”
That’s a true statement, no? Leitch does not suggest that the carrying of chemical spray weapons should be a benefit reserved only to women — she just wants to legalize those weapons generally. Perhaps I am a little more feminist than she is: I would be comfortable making the carrying of mace and pepper spray a sex-linked legal privilege. Hell, I would consider extending it to very small firearms.
Activists for feminism are continually characterizing the world of women as one of terror, abuse, and uncertainty. For Leitch to take them at their word, applying a tough-on-criminals spin, is an authentic Trump touch. I do not wholly approve of the tactic, but, as much as I think some feminists are attention-hungry zanies, I recognize the kernel of truth in their image of the universe. I’ve never had a close female friend who could not tell of bizarre, creepy, threatening things happening to them — sights and encounters that, to a male with an ordinary upbringing, seem to have wriggled from the corner of a Hieronymus Bosch painting.
Leitch got exactly the response she must have wanted from the Liberal Status of Women Minister Patty Hajdu, who blurted that giving women extra self-defence options was “putting the onus on” them, and thereby “offensive.” I find this is an odd way to raise the status of women — suggesting that if some of them might like to carry a can of mace in their purses, and could even be trusted by the authorities to use it responsibly, they are thereby dupes of the patriarchy.
I also enjoyed Colby’s description of Leitch’s “Trump-flavoured” campaign: “it’s like a bag of boring snack chips with a chemical dash of Southern spice exhaled over it. And I can’t help suspecting that there is something slightly phony about the media panic surrounding her candidacy.”
December 4, 2016
If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?
Frédéric Bastiat, The Law, 1850.
November 25, 2016
Commenting on the recent fine handed down by a Dutch court against opposition leader Geert Wilders, Perry de Havilland points out that it’s not just governments on the continent that are working so hard to quash free speech:
Now whatever you think of Wilders, this has been an astonishing attempt to simply shut down free expression in a western nation. And of course this will not silence anyway and will probably prove to be a spectacular establishment own-goal.
And in the UK, more and more infrastructure to censor internet porn is being put into place. Why is this related? Because once control infrastructure exists, it can and will be re-purposed, in much the same way the Department for Education’s “counter extremism unit“, set up ostensibly to prevent violent Islamic extremist views being taught in UK schools, gets re-purposed to shut down a gay secular journalist who has not called for any violence against anyone.
All across the Western World, political verities and assumption are starting to shift, and almost nothing can be accurately predicted any more. We live in times that are a danger and opportunity in equal measure, and people who care about liberty will have to get their hands dirty, making common cause with others who will not pass any purity sniff tests but with whom we share common enemies (however care does need to be taken in such matters for sometimes the enemy of my enemy is my enemy … but sometimes not), however now is the time for engagement and action.
November 19, 2016
It may have been awkward for Democrats who watched Obama go further, faster than George W. Bush on deportations, surveillance, assassination, and even torture, but they can finally get their groove back on in protesting Donald Trump’s use of exactly the same tools Obama has been using for the last eight years:
Even the extreme legal theories of the George W Bush administration were mild compared to some of the “compromise” positions Obama’s DoJ argued for, and now Donald J Trump gets to use those positions to further its own terrifying agenda of mass deportations, reprisals against the press, torture and assassination, and surveillance based on religious affiliation or ethnic origin.
When it came to things like closing Guantanamo, Obama argued for limits on establishing offshore black-sites and military tribunals, but refused to shut the door on them. So maybe Trump won’t be able to use Gitmo to house the people he has kidnapped by his CIA, but he can use the legal authority that Obama argued for to set up lots of other Guantanamos wherever he likes.
Likewise torture: Obama decided that it was better to move and and bury the CIA torture report, and had his DoJ block any attempt to have torture declared illegal, which would have given people opposing Trump’s torture agenda with a potent legal weapon that is now unavailable to them.
Obama argued that the president should be able to create kill lists of Americans and foreigners who could be assassinated with impunity, and argued against even judicial review of these lists.
Then there’s Obama’s war on whistleblowers — his administration invoked federal law against more whistleblowers than all the other presidents in US history, combined — and his aggressive assertion that journalists have no right to protect their confidential sources. These will be of enormous use to the Trump presidency, which has already promised to use executive powers to persecute hostile journalists who try to hold it to account.
It’s sad that partisans of the current administration can only seem to see the problems in granting the president more powers when those powers are about to be wielded by a president of the other party. A wee bit too late to repent, my friends.
November 6, 2016
Michael Geist on the drumbeat of revelations — but less outrage than you’d expect — on the extent of surveillance being conducted within Canada by CSIS and law enforcement organizations:
In the aftermath of the Snowden revelations in which the public has become largely numb to new surveillance disclosures, the Canadian reports over the past week will still leave many shocked and appalled. It started with the Ontario Provincial Police mass text messaging thousands of people based on cellphone usage from nearly a year earlier (which is not government surveillance per se but highlights massive geo-location data collection by telecom carriers and extraordinary data retention periods), continued with the deeply disturbing reports of surveillance of journalists in Quebec (which few believe is limited to just Quebec) and culminated in yesterday’s federal court decision that disclosed that CSIS no longer needs warrants for tax records (due to Bill C-51) and took the service to task for misleading the court and violating the law for years on its metadata collection and retention program.
The ruling reveals a level of deception that should eliminate any doubts that the current oversight framework is wholly inadequate and raises questions about Canadian authorities commitment to operating within the law. The court found a breach of a “duty of candour” (which most people would typically call deception or lying) and raises the possibility of a future contempt of court proceeding. While CSIS attempted to downplay the concern by noting that the data collection in question – metadata involving a wide range of information used in a massive data analysis program – was collected under a court order, simply put, the court found that the retention of the data was illegal. Further, the amount of data collection continues to grow (the court states the “scope and volume of incidentally gathered information has been tremendously enlarged”), leading to the retention of metadata that is not part of an active investigation but rather involves non-threat, third party information. In other words, it is precisely the massive, big data metadata analysis program feared by many Canadians.
The court ruling comes after the Security Intelligence Review Committee raised concerned about CSIS bulk data collection in its latest report and recommended that that inform the federal court about the activities. CSIS rejected the recommendation. In fact, the court only became aware of the metadata retention due to the SIRC report and was astonished by the CSIS response, stating that it “shows a worrisome lack of understanding of, or respect for, the responsibilities of a party [SIRC] benefiting from the opportunity to appear ex parte.”
October 15, 2016
Some years ago, the liberal writer Michael Kinsley described the different attitudes to free speech in the U.K. and the U.S. as follows: “In a country like Great Britain, the legal protections for speech are weaker than ours, but the social protections are stronger. They lack a First Amendment, but they have thicker skin and a greater acceptance of eccentricity of all sorts.”
Today, both sorts of protection for speech — legal and social — are weaker than before in both countries. This year, official regulation of the press was passed into U.K. law for the first time since 18th-century juries nullified press prosecutions. These new restraints enjoyed the backing not just of all the parties but apparently of the public as well.
In the U.S., the case of Mann v. Steyn, let alone a hypothetical case involving Quran-burning, has yet to be decided. But Democrats in the Senate are seeking to restrict political speech by restricting the money spent to promote it. And in the private sector, American corporations have blacklisted employees for expressing or financing certain unfashionable opinions. In short, a public culture that used to be liberal is now “progressive” — which is something like liberalism minus its commitment to freedom.
The U.S. and Britain have long thought of themselves as, above all, free countries. If that identity continues to atrophy, free speech will be the first victim. But it will not be the last.
John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.
October 13, 2016
Libertarian constitutional thought is a distinctly minority position among scholars and jurists, one that at first glance has little connection with either modern Supreme Court jurisprudence or the liberalism that remains dominant in the legal academy. However, libertarian ideas have more in common with mainstream constitutional thought than at first meets the eye. They have also had greater influence on it.
This article explores the connections between mainstream and libertarian constitutional thought in recent decades. On a number of important issues, modern Supreme Court doctrine and liberal constitutional thought has been significantly influenced by pre-New Deal libertarian ideas, even if the influence is often unconscious or unacknowledged. This is particularly true on issues of equal protection doctrine and modern “substantive” due process as it pertains to “noneconomic” rights. Here, both the Supreme Court and much of the mainstream academic left have repudiated early twentieth century Progressivism, which advocated across-the-board judicial deference to legislatures. They have also rejected efforts to eliminate common law and free market “baselines” for constitutional rights.
The gap between libertarian and mainstream constitutional thought is much greater on issues of federalism and property rights. Here too, however, recent decades have seen significant convergence. Over the last thirty years, the Supreme Court has begun to take federalism and property rights more seriously, and the idea that they should get strong judicial protection has attained greater intellectual respectability. Moreover, much of libertarian constitutional thought merely seeks to apply to federalism, property rights, and economic liberties, the same principles that mainstream jurists and legal scholars have applied in other areas, most notably “noneconomic” constitutional rights and separation of powers.
Ilya Somin and David Bernstein, abstract to “The Mainstreaming of Libertarian Constitutionalism” in Law and Contemporary Problems, reposted in the Washington Post, 2015-02-20.
October 11, 2016
[P]olitical correctness represents something far more profound than its critics appreciate. The victory of PC is built upon the demise and decay of traditional forms of authority and traditional forms of morality. It is parasitical on what we might call the crisis of conservative thought. In fact, I would argue that the power of PC is directly proportionate to the weakness of the old, taken-for-granted forms of morality.
I can understand the temptation to present political correctness as simply the imposition of a stifling framework by small groups of illiberal liberals, to see it as the conscious project of a cut-off, head-in-the-clouds middle-class elite determined to remake everything and everyone in its own image.
Yet to look at political correctness in that way only — as a kind of new Ten Commandments enforced by tiny elites — is to miss what is the foundation stone of PC, the ground upon which it is built. Which is the inability of the traditional moralists to justify themselves and defend their way of life and moral system. It is that inability which, towards the end of the twentieth century, created a moral vacuum that was filled by instinctive and often kneejerk new forms of moral control and censorship.
Because when you have a profound crisis of traditional morality, which governed society for so long, then previously normal and unquestioned ways of behaving get called into question. From speech to interpersonal relations, even to nursery rhymes — nothing can be taken for granted anymore when the old frameworks have been removed. All the given things of the past 200-odd years start to fall apart. Political correctness is really the scaffolding that has been hastily erected to replace the old morality. It represents the tentative takeover by a new kind of modern-day moralist. And the end result is undoubtedly tyrannical and stifling and profoundly antagonistic both to individual autonomy and freedom of speech.
That is why political correctness is so hysterical, so intolerant, so keen to govern everything from how professors communicate with their students to whether teachers can touch their pupils to when it is acceptable to say ‘blackboard’ — not because it is strong, but because it is weak and isolated. It has no real roots in society or history, like the more traditional forms of morality did. It enjoys no popular legitimacy or public support; in fact, the phrase ‘political correctness gone mad’ rather reflects the disdain amongst large sections of the public for today’s new speech codes and behaviour etiquette. It is the shallowness of PC, its parasitical nature, which makes it so insatiably interventionist.
Because at a time when it is no longer clear what is right and wrong, what is good and bad, who is respectable and who is not, then everything is thrown into a kind of moral chaos, giving rise to a weird hunger among the new elites to clamp down on and closely govern what were previously considered to be normal interactions that required little, if any, external intervention.
Brendan O’Neill, “The new war against PC – it’s too late and it’s picked the wrong target”, Spiked, 2015-01-29.
October 2, 2016
After the great victory won by my insurgent, pro-sex, pro-fashion wing of feminism in the 1990s, American and British feminism has amazingly collapsed backward again into whining, narcissistic victimology. As in the hoary old days of Gloria Steinem and her Stalinist cohorts, we are endlessly subjected to the hackneyed scenario of history as a toxic wasteland of vicious male oppression and gruesome female suffering. College campuses are hysterically portrayed as rape extravaganzas where women are helpless fluffs with no control over their own choices and behavior. I am an equal opportunity feminist: that is, I call for the removal of all barriers to women’s advance in the professional and political realms. However, I oppose special protections for women, which I reject as demeaning and infantilizing. My principal demand (as I have been repeating for nearly 25 years) is for colleges to confine themselves to education and to cease their tyrannical surveillance of students’ social lives. If a real crime is committed, it must be reported to the police. College officials and committees have neither the expertise nor the legal right to be conducting investigations into he said/she said campus dating fiascos. Too many of today’s young feminists seem to want hovering, paternalistic authority figures to protect and soothe them, an attitude I regard as servile, reactionary and glaringly bourgeois. The world can never be made totally safe for anyone, male or female: there will always be sociopaths and psychotics impervious to social controls. I call my system “street-smart feminism”: there is no substitute for wary vigilance and personal responsibility.
Camille Paglia, “The Catholic Pagan: 10 Questions for Camille Paglia”, American Magazine, 2015-02-25.
September 27, 2016
Too often these days, critics of PC play the victim card. Many right-wing thinkers claim that a conspiratorial cabal of PC loons is ruining our lives. This conveniently absolves these thinkers of having to account for what happened to their morality and traditions. Where did they go? It is far easier to claim that society has been taken hostage by gangs of lentil-eating, language-obsessed nutjobs than it is to face up to and explain the demise of a way of life that had existed for much of the modern era. Indeed, in many ways the term ‘political correctness’ doesn’t really have much basis in reality — it is the invention of traditionalists unable to explain recent historic turns, so instead they fantasise about the onward, unstoppable march of sinister liberals riding roughshod over their superior way of life.
Of course, the demise of traditional morality did not have to be a bad thing. There was much in those old ways which was also censorious and pernicious and stifling of anybody who wanted to experiment with lifestyle or sexual orientation. The problem is that the old, frequently stuffy morality was not successfully pushed aside by a more progressive, human-centred moral outlook – rather it withered and faded and collapsed under the pressure of crises, creating a moral hole that has been filled by those who have influence in the post-traditional world: the increasingly vocal chattering classes.
But let’s not play the victim in the face of an apparently all-powerful ‘PC police’. No, if you feel like you are being treated as a heretic for thinking or saying the ‘wrong things’ in our politically correct world, then you should start acting like a proper, self-respecting heretic: have the courage of your convictions and say what you think regardless of the consequences.
Brendan O’Neill, “The new war against PC – it’s too late and it’s picked the wrong target”, Spiked, 2015-01-29.
September 24, 2016
I believe in only one thing and that thing is human liberty. If ever a man is to achieve anything like dignity, it can happen only if superior men are given absolute freedom to think what they want to think and say what they want to say. I am against any man and any organization which seeks to limit or deny that freedom … [and] the superior man can be sure of freedom only if it is given to all men.
H.L. Mencken, quoted in Letters of H. L. Mencken (1961) edited by Guy J. Forgue, p. xiii.
September 10, 2016
Published on 7 Sep 2016
Their mission: to seek out new life and new civilizations, and leave them alone. Trade with them if they want, but mostly leave them the hell alone.
In honor of Star Trek‘s 50th Anniversary, Reason presents the Libertarian parody of the final frontier, with appearances by Gary Johnson and Remy.
Written and produced by Austin Bragg, Meredith Bragg, and Andrew Heaton. Shot and edited by Bragg and Bragg.
September 2, 2016
Daniel Greenfield explains the role of the hijab, the burka, and other “traditional” Islamic clothing for women:
Does it matter what Muslim women wear to the beach? Arguably the government should not be getting involved in swimwear. But the clothing of Muslim women is not a personal fashion choice.
Muslim women don’t wear hijabs, burkas or any other similar garb as a fashion statement or even an expression of religious piety. Their own religion tells us exactly why they wear them.
“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies that they may thus be distinguished and not molested.” (Koran 33:59)
It’s not about modesty. It’s not about religion. It’s about putting a “Do Not Rape” sign on Muslim women. And putting a “Free to Molest” sign on non-Muslim women.
This isn’t some paranoid misreading of Islamic scripture. Islamic commentaries use synonyms for “molested” such as “harmed”, “assaulted” and “attacked” because women who aren’t wearing their burkas aren’t “decent” women and can expect to be assaulted by Muslim men. These clothes designate Muslim women as “believing” women or “women of the believers”. That is to say Muslims.
One Koranic commentary is quite explicit. “It is more likely that this way they may be recognized (as pious, free women), and may not be hurt (considered by mistake as roving slave girls.)” The Yazidi girls captured and raped by ISIS are an example of “roving slave girls” who can be assaulted by Muslim men.
Muslim women who don’t want to be mistaken for non-Muslim slave girls had better cover up. And non-Muslim women had better cover up too or they’ll be treated the way ISIS treated Yazidi women and the way that Mohammed and his gang of rapists and bandits treated any woman they came across.
That’s what the burka is. That’s what the hijab is. And that’s what the burkini is.
And this is not just some relic of the past or a horror practiced by Islamic “extremists”. It’s ubiquitous. A French survey found that 77 percent of girls wore the hijab because of threats of Islamist violence. It’s numbers like these that have led to the French ban of the burka and now of the burkini.
When clothing becomes a license to encourage harassment, then it’s no longer a private choice.
On the other hand, Daniel Pipes says the burkini poses no threat and should not be banned:
France has been seized by a silly hysteria over the burkini, prompting me to wonder when Europeans will get serious about their Islamist challenge.
For starters, what is a burkini? The word (sometimes spelled burqini) combines the names of two opposite articles of female clothing: the burqa (an Islamic tent-like, full-body covering) and the bikini. Also known as a halal swimsuit, it modestly covers all but the face, hands and feet, consisting of a top and a bottom. It resembles a wetsuit with a head covering.
Aheda Zanetti of Ahiida Pty Ltd in Australia claims to have coined the portmanteau in 2003, calling it “smaller than a burka” while “two piece like a bikini.” The curious and sensational cross of two radically dissimilar articles of clothing along with the need it fit for active, pious Muslim women, the burkini (as Ahiida notes) was “the subject of an immediate rush of interest and demand.” Additionally, some women (like British cooking celebrity Nigella Lawson) wear it to avoid a tan, while pious Jews have adopted a variant garment.
[…] the burkini poses no danger to public security. Unlike the burqa or niqab, it leaves the face uncovered; relatively tight-fitting, it leaves no place to hide weapons. Men cannot wear it as a disguise. Further, while there are legitimate arguments about the hygiene of large garments in pools (prompting some hotels in Morocco to ban the garment), this is obviously not an issue on the coastal beaches of France.
Accordingly, beach burkinis should be allowed without restriction. Cultural arguments, such as the one made by Valls, are specious and discriminatory. If a woman wishes to dress modestly on the beach, that is her business, and not the state’s. It’s also her prerogative to choose unflattering swimwear that waterlogs when she swims.
I believe that religion, generally speaking, has been a curse to mankind — that its modest and greatly overestimated services on the ethical side have been more than overcome by the damage it has done to clear and honest thinking.
I believe that no discovery of fact, however trivial, can be wholly useless to the race, and that no trumpeting of falsehood, however virtuous in intent, can be anything but vicious.
I believe that all government is evil, in that all government must necessarily make war upon liberty and the democratic form is as bad as any of the other forms.
I believe that the evidence for immortality is no better than the evidence of witches, and deserves no more respect.
I believe in the complete freedom of thought and speech — alike for the humblest man and the mightiest, and in the utmost freedom of conduct that is consistent with living in organized society.
I believe in the capacity of man to conquer his world, and to find out what it is made of, and how it is run.
I believe in the reality of progress.
I — But the whole thing, after all, may be put very simply. I believe that it is better to tell the truth than to lie. I believe that it is better to be free than to be a slave. And I believe that it is better to know than be ignorant.
H.L. Mencken, “What I Believe”, The Forum 84, 1930-09.