Quotulatiousness

December 10, 2023

“The peasants are revolting!”

Filed under: Media, Politics, USA — Tags: , , — Nicholas @ 05:00

Chris Bray says we’re back to aristocracy:

What do Americans think of vitriolic language directed at government?

Remember that Superior Court Judge William Fahey has just tentatively ruled, in a First Amendment lawsuit over the decision by the Los Angeles County Department of Public Health to forbid public comments on its social media posts, that the county has not engaged in viewpoint discrimination, because the public is yucky:

Comments were closed to the public because many were “extreme” and vitriolic; therefore, no First Amendment violation has occurred. Government cannot discriminate against your viewpoint if your viewpoint is extreme, or if it’s expressed too strongly; the First Amendment only protects inoffensive expression.

The lowest-hanging fruit for the counterargument is all in New York Times Company v. Sullivan, in which a quite liberal Supreme Court repeatedly and very clearly spelled out the American standard for the criticism of government. Justice Arthur Goldberg, in a concurring opinion: “In my view, the First and Fourteenth Amendments to the Constitution afford to the citizen and to the press an absolute, unconditional privilege to criticize official conduct despite the harm which may flow from excesses and abuses”.

This is how the Supreme Court showed up in 1964 to start thinking about a case involving the limits of speech about public officials; as Justice William Brennan, Jr. wrote in the majority opinion, “we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”

Compare that conclusion to the argument that government has not engaged in viewpoint discrimination, because it banned comments only in the context of being addressed with vitriol. We didn’t say we didn’t didn’t like their viewpoint; we just said that their opinions were too extreme.

But here’s the important thing about New York Times Company v. Sullivan: it’s a history lesson. The majority opinion quotes James Madison and John Stuart Mill, and examines debates over public speech in the early republic. Looking at the national past and its political sources, they saw only the idea that government officials may properly be addressed with whatever degree of firmness citizens choose to apply. American politics were never polite, and were never thought to be. The tumult of a democratic republic, Tocqueville wrote, “begins in the lowest ranks of the people”, storming the seats of government to shout their disapproval:

“… if he happens by chance to become heated”. That wasn’t pathology or exception; a French observer touring America thought that heated denunciations of government were signs of … a weekday. A scholar of early American politics has written colorfully about the way national officials limited the aggressiveness of attacks on their character: they shot each other, or threatened to.

Can the Americans Stop the Kamikazes? – WW2 – Week 276 – December 9, 1944

World War Two
Published 9 Dec 2023

This is a very busy week of the war. In the west, the Americans manage to reach the Roer River in force, but haven’t taken any of its dams; in Italy, the Allies liberate Ravenna; the Soviet advance in Hungary continues, and the Soviets even set up a new Hungarian government; martial law is declared in Greece; the Japanese make a corridor to Indochina; the fighting on Leyte continues, and the kamikaze menace becomes ever more worrisome.

00:00 INTRO
01:10 British intelligence failure
01:55 Allies reach the Roer River
05:35 Problems with Devers’ 6th Army Group
07:41 Allies liberate Ravenna
08:50 Soviet advances in Hungary
12:10 Soviets set up a new Hungarian government
13:47 A deadly demonstration and martial law in Greece
18:33 Japanese establish a corridor to Indochina
19:59 Leyte and kamikaze attacks
23:45 CONCLUSION
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The history of the steam engine … but interactive

Filed under: Britain, History, Technology — Tags: , — Nicholas @ 03:00

In the latest Age of Invention newsletter, Anton Howes is pleased to announce the release of a new ongoing project to illustrate the steam engine in an interactive format:

I’m excited to announce something I’ve been quietly working on for a few months now behind the scenes. Some of you may be familiar with the explorable interactive articles of Bartosz Ciechanowski. They are so clearly written and so cleverly explorable, that they give an intuitive grasp of how many very complicated technologies work. My favourite is his article on mechanical watches. Be warned: if you’ve not seen these before, you’re about to lose a good few hours.

But his article on watches — which came out just as I was doing some research on the development of watches, and which proved an invaluable reference work — got me thinking about how great it would be to have something similar not just for how current technologies function, but to show how they changed over time. Wouldn’t it be great, I dreamed, to have a similarly intuitive way to explore and appreciate the process of improvement. And to correct lots of misapprehensions about the development of various technologies along the way.

As it turned out, my fellow inventions history fanatic Jason Crawford, who runs the non-profit The Roots of Progress, had been thinking along the same lines. (Drumroll starts softly.) So with the help of the Matt Brown we’ve been able to realise what is hopefully just the first small step of our vision. (Drumroll intensifies.) Based on my recent work re-writing the standard pre-history of the steam engine (drumroll crescendoes), allow me to present:

(Cue trumpets!)

The interactive, animated, **Origins of the Steam Engine**

Alongside contemporary illustrations of the many devices, you can play around with the animated models, dragging them to see them from different angles. It introduces what are so far the only interactive and animated models yet made of a great many devices — from Philo of Byzantium’s 3rd Century BC experiments, to Salomon de Caus’s 1610s solar-activated and self-replenishing fountains and musical instruments, and the 1606 steam engine of the Spanish engineer Jerónimo de Ayanz y Beaumont:

It also contains the first depictions of the 1630s and 40s devices of Kaspar Kalthoff and William Petty. These are the experiments I discovered about a year ago, which I hope will now be given a place in the canon of the history of the steam engine. (You can read my discussion of the evidence I’d stumbled across about them here.)

Engines of War: How Wars Were Won and Lost on the Railways

Filed under: Europe, France, History, Military, Railways, WW1, WW2 — Tags: , , — Nicholas @ 02:00

WW2TV
Published 15 Jun 2023

Engines of War: How Wars Were Won and Lost on the Railways With Christian Wolmar

Before the nineteenth century, armies had to rely on slow and unreliable methods of transportation to move soldiers and equipment during times of conflict. But with the birth of the railroad in the early 1830s, the way wars were fought would change forever. In this show renowned expert Christian Wolmar tells the story of that transformation with a focus on railways in WWII and especially the Normandy campaign.

Christian Wolmar is a British journalist, author, railway historian and Labour Party politician. He is known for his commentary on transport, especially as a pundit on Britain’s railway industry, and was named Transport Journalist of the Year in the National Transport Awards in 2007.
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QotD: Roman citizenship

Filed under: Europe, History, Law, Quotations — Tags: , , , , — Nicholas @ 01:00

As with other ancient self-governing citizen bodies, the populus Romanus (the Roman people – an idea that was defined by citizenship) restricted political participation to adult citizen males (actual office holding was further restricted to adult citizen males with military experience, Plb. 6.19.1-3). And we should note at the outset that citizenship was stratified both by legal status and also by wealth; the Roman Republic openly and actively counted the votes of the wealthy more heavily than those of the poor, for instance. So let us avoid the misimpression that Rome was an egalitarian society; it was not.

The most common way to become a Roman citizen was by birth, though the Roman law on this question is more complex and centers on the Roman legal concept of conubium – the right to marry and produce legally recognized heirs under Roman law. Conubium wasn’t a right held by an individual, but a status between two individuals (though Roman citizens could always marry other Roman citizens). In the event that a marriage was lawfully contracted, the children followed the legal status of their father; if no lawfully contracted marriage existed, the child followed the status of their mother (with some quirks; Ulpian, Reg. 5.2; Gaius, Inst. 1.56-7 – on the quirks and applicability in the Republic and conubium in general, see S.T. Roselaar, “The Concept of Conubium in the Roman Republic” in New Frontiers: Law and Society in the Roman World, ed. P.J. du Plessis (2013)).

Consequently the children of a Roman citizen male in a legal marriage would be Roman citizens and the children of a Roman citizen female out of wedlock would (in most cases; again, there are some quirks) be Roman citizens. Since the most common way for the parentage of a child to be certain is for the child to be born in a legal marriage and the vast majority of legal marriages are going to involve a citizen male husband, the practical result of that system is something very close to, but not quite exactly the same as, a “one parent” rule (in contrast to Athens’ two-parent rule). Notably, the bastard children of Roman women inherited their mother’s citizenship (though in some cases, it would be necessarily, legally, to conceal the status of the father for this to happen, see Roselaar, op. cit., and also B. Rawson, “Spruii and the Roman View of Illegitimacy” in Antichthon 23 (1989)), where in Athens, such a child would have been born a nothos and thus a metic – resident non-citizen foreigner.

The Romans might extend the right of conubium with Roman citizens to friendly non-citizen populations; Roselaar (op. cit.) argues this wasn’t a blanket right, but rather made on a community-by-community basis, but on a fairly large scale – e.g. extended to all of the Campanians in 188 B.C. Importantly, Roman colonial settlements in Italy seem to pretty much have always had this right, making it possible for those families to marry back into the citizen body, even in cases where setting up their own community had caused them to lose all or part of their Roman citizenship (in exchange for citizenship in the new community).

The other long-standing way to become a Roman citizen was to be enslaved by one and then freed. An enslaved person held by a Roman citizen who was then freed (or manumitted) became a libertus (or liberta), by custom immediately the client of their former owner (this would be made into law during the empire) and by law a Roman citizen, although their status as a freed person barred them from public office. Since they were Roman citizens (albeit with some legal disability), their children – assuming a validly contracted marriage – would be full free-born Roman citizens, with no legal disability. And, since freedmen and freedwomen were citizens, they also could contract valid marriages with other Roman citizens, including freeborn ones […]. While most enslaved people in the Roman world had little to no hope of ever being manumitted (enslaved workers, for instance, on large estates far from their owners), Roman economic and social customs functionally required a significant number of freed persons and so a meaningful number of new Roman citizens were always being minted in the background this way. Rome’s apparent liberality with admission into citizenship seems to have been a real curiosity to the Greek world.

These processes thus churned in the background, minting new Romans on the edges of the populus Romanus who subsequently became full members of the Roman community and thus shared fully in the Roman legal identity.

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part II: Citizens and Allies”, A Collection of Unmitigated Pedantry, 2021-06-25.

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