Quotulatiousness

March 14, 2024

Oddly, Jen Gerson finds her fears about the Online Harms Act unassuaged

There was a point during the last Line podcast where Jen Gerson used the word “assuaged”, and then realized that although she knows what it means and when it’s appropriate to use it, she didn’t know how to say it out loud (a problem I’ve encountered many times in my life, having read widely but not listened to lectures on the various topics I’ve read about). I reference that in the headline, as she recounts going through a belated “technical briefing” on the already tabled bill:

Let’s start by noting that it’s a little bit odd for a government to hold a technical briefing for a bit of legislation more than a week after that legislation has been tabled. Usually presentations of this kind are held for media, MPs, and various stakeholders as or just before a complicated issue or bill is about to be announced to the public.

For the federal government to hold a briefing on the Online Harms Act on March 6 — as it did — raises questions. Questions like “Why?” Questions like “Is this really a ‘technical briefing’ or is this an attempt to assuage concerns about what is actually written in the bill?” And, most importantly, questions like “Am I so assuaged?”

I think, dear readers, that I am not.

Let me explain by appending a caveat about the Online Harms Act, or Bill C-63, which was tabled about two weeks ago. About 75 per cent of what’s in this bill is either good, or benign but potentially useless, and is genuinely focused on mitigating real online harms like child porn and revenge porn. I might nitpick some of those parts if it weren’t for the rest of it. The rest of it consists of “will result in the most significant expansion of Canada’s hate speech laws and create one of North America’s most rigid regulatory environments for media and social media companies”, as law firm Norton Rose Fulbright put it.

In C-63, and its attempts to explain this bill, this government has consistently muddied the waters that delineate between hate crimes and hate speech, and has demonstrated a deep unwillingness to deal with the philosophical problem of defining hate speech in a way that is clear, consistent, and fairly and evenly applied. More specifically, the bill’s attempts to increase the penalties for “advocating genocide” to life imprisonment; the use of peace bonds for pre-crime hate speech; and the re-introduction of Section 13, to be administered by the already questionable Human Rights Tribunal apparatus. All of these present such punitive measures that they would have a chilling effect on speech that is fundamentally incompatible with the freedoms we expect in a Western liberal democracy.

There’s no nice way to put this. These measures reveal deeply authoritarian instincts toward speech and regulation, all the more pernicious as they’re being introduced by people who are absolutely convinced of their own righteous good intentions.

And that brings us back to the aforementioned technical briefing, which attempted to address each of these concerns in turn. I should note that I don’t believe I was invited directly to this briefing — and as I’m not in the Parliamentary Press Gallery, this is not surprising or unusual. I was, however, provided a copy of the briefing in its entirety, and I was told that I was free to quote from it, provided I did not name the Department of Justice official speaking.

To that end, I’d like to provide some excerpts and paraphrases from this briefing, followed by my own observations on what was being presented to an audience of, broadly speaking, laymen. I’ve also run these observations by criminal lawyers to ensure my understanding of the law is sound. If I am in error in any point, I welcome any correction.

The insane pursuit of a “zero waste economy”

Filed under: Britain, Economics, Environment, Government, Politics, Technology — Tags: , , , — Nicholas @ 04:00

Tim Worstall explains why it does not make economic sense to pursue a truly “zero waste” solution in the vast majority of cases:

It’s entirely possible to think that waste minimisation is a good idea. It’s also possible to think that waste minimisation is insane. The difference is in what definition of the word “waste” we’re using here. If by waste we mean things we save money by using instead of not using then it’s great. If by waste we mean just detritus then it’s insane.

Modern green politics has — to be very polite about it indeed — got itself confused in this definitional battle. Which is why we get nonsense like this being propounded as potential political policy:

    A Labour government would aim for a zero-waste economy by 2050, the shadow environment secretary has said.

    Steve Reed said the measure would save billions of pounds and also protect the environment from mining and other negative actions. He was speaking at the Restitch conference in Coventry, held by the thinktank Create Streets.

    Labour is finalising its agenda for green renewal and Reed indicated a zero-waste economy would be part of this.

    This would mean the amount of waste going to landfill would be drastically reduced and valuable raw materials including plastic, glass and minerals reused, which would save money for businesses who would not have to buy, import or create raw materials.

The horror here does depend upon that definition of waste. Or, if we want to delve deeper, the definition of resource that is being saved.

[…]

OK. So, we’ve two possible models here. One is homes sort into 17 bins or whatever the latest demand is. Or, alternatively, we have big factories where all unsorted rubbish goes to. To be mechanically sorted. Right — so our choice between the two should be based upon total resource use. But when we make those comparisons we do not include that household time. 25 million households, 30 minutes a week, 450 million hours a year. At, what, minimum wage? £10 an hour (just to keep my maths simple) is £4.5 billion a year. That household sorting is cheaper — sorry, less resource using — than the factory model is it?

And that little slip — cheaper, less resource using — is not really a slip. For we are in a market economic system. Resources have prices attached to them. So, we can measure resource use — imperfectly to be sure but usefully — by the price of different ways of doing things. Cool!

At which point, recycling everything, moving to a zero waste economy, is more expensive than the current system. Therefore it uses more resources. We know this because we always do have to provide a subsidy to these recycling systems. None of them do make a profit. Or, rather, when they do make a profit we don’t even call them recycling, we call them scrap processing.

Which all does lead us to a very interesting even if countercultural conclusion. The usual support for recycling is taken to be an anti-price, anti-market, even anti-capitalist idea. Supported by the usual soap dodging hippies. But, as actually happens out in the real world, recycling is one of those things that should be — even if it isn’t — entirely dominated by the price system and markets. Even, dread thought, capitalism. We should only recycle those things we can make a profit by recycling. Because that’s now prices inform us about which systems actually save resources.

“The dark world of pediatric gender ‘medicine’ in Canada”

Filed under: Bureaucracy, Cancon, Health, Media, Politics — Tags: , , , , , — Nicholas @ 03:00

The release of internal documents from the World Professional Association for Transgender Health (WPATH) revealed just how little science went into many or most juvenile gender transitions and how much the process was being driven politically rather than scientifically. Shannon Douglas Boschy digs into how the WPATH’s methods are implemented in Canada:

An undercover investigation at a Quebec gender clinic recently documented that a fourteen-year-old girl was prescribed testosterone for the purpose of medical gender transition within ten minutes of seeing a doctor. She received no other medical or mental health assessment and no information on side-effects. This is status quo in the dark world of pediatric gender “medicine” in Canada.

On March 5th Michael Shellenberger, one of the journalists who broke the Twitter Files in 2022, along with local Ottawa journalist Mia Hughes, released shocking leaks from inside WPATH, the organization that proclaims itself the global scientific and medical authority on gender affirming care. The World Professional Association of Transgender Health is the same organization that the Quebec gender clinic, and Ottawa’s CHEO, cite as their authority for the provision of sex-change interventions for children.

These leaks expose WPATH as nothing more than a self-appointed activist body overseeing and encouraging experimental and hormonal and surgical sex-change interventions on children and vulnerable adults. Shellenberger and Hughes reveal that members fully understand that children cannot consent to loss of fertility and of sexual function, nor can they understand the lifetime risks that will result from gender-affirming medicalization, and they ignore these breaches of medical ethics.

The report reveals communication from an “Internal messaging forum, as well as a leaked internal panel discussion, demonstrat(ing) that the world-leading transgender healthcare group is neither scientific nor advocating for ethical medical care. These internal communications reveal that WPATH advocates for many arbitrary medical practices, including hormonal and surgical experimentation on minors and vulnerable adults. Its approach to medicine is consumer-driven and pseudoscientific, and its members appear to be engaged in political activism, not science.”

These findings have profound implications for medical and public education policies in Canada and raise serious concerns about the practices of secret affirmations and social transitions of children in local schools.

These leaks follow on the recent publication of a British Medical Journal study (BMJ Mental Health), covering 25-years of data, dispelling the myth that without gender-affirmation that children will kill themselves. The study, comparing over 2,000 patients to a control population, found that after factoring for other mental health issues, there was no convincing evidence that children and youth who are not gender-affirmed were at higher risk of suicide than the general population.

In the last week, a second study was released, this one from the American Urology Association, showing that post-surgical transgender-identified men, who underwent vaginoplasty, have twice the rate of suicide attempts as before affirmation surgery, and showing that trans-identified women who underwent phalloplasty, showed no change in pre-operative rates of suicide and post-operative.

These and other studies are now thoroughly debunking the emotional blackmail myths promoted by WPATH, that the absence of sex-change interventions, suggest that gender-distressed children are at high risk of taking their own lives.

Book Reviews – Juno Beach and the Canadians

Filed under: Books, Cancon, France, Germany, History, Military, WW2 — Tags: , , , — Nicholas @ 02:00

WW2TV
Published Dec 5, 2023

A short live show where I talk about my favourite Juno Beach and Canadian focussed Normandy books

WW2TV Bookshop – where you can purchase copies of books featured in my YouTube shows. Any book listed here comes with the personal recommendation of Paul Woodadge, the host of WW2TV. For full disclosure, if you do buy a book through a link from this page WW2TV will earn a commission.
UK – https://uk.bookshop.org/shop/WW2TV
USA – https://bookshop.org/shop/WW2TV

QotD: Recruiting an army in the Roman Republic

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

Before we dive in, we should stop to clarify some of our key actors here, the Roman magistrates and officers with a role in all of this. A Roman army consisted of one or more legions, supported by a number (usually two) alae recruited from Rome’s Italian allies, the socii. Legions in the Republic did not have specific commanders, rather the whole army was commanded by a single magistrate with imperium (the power to command armies and organize courts). That magistrate was usually a consul (of which there were two every year), but praetors and dictators,1 all had imperium and so might lead an army. Generally the consuls lead the main two armies. When more commanders were needed, former consuls and praetors might be delegated the job as a stand-in for the current magistrates, these were called pro-consuls and pro-praetors (or collectively, “pro-magistrates”) and they had imperium too.

In addition to the imperium-haver leading the army, there were also a set of staff officers called military tribunes, important to the process. These fellows don’t have command of a specific part of the legion, but are “officers without portfolio”, handling whatever the imperium-haver wants handled; at times they may have command of part of a legion or all of one legion. Finally, there’s one more major magistrate in the army: the quaestor. A much more junior magistrate than the imperium-haver (but senior to the tribunes), he handles pay and probably in this period also supply. That said, the quaestor is not usually the general’s “number two” even though it seems like he might be; quaestors are quite junior magistrates and the imperium-haver has probably brought friends or advisors with a lot more experience than his quaestor (who may or may not be someone the imperium-haver knows or likes). […]

The first thing to note about this process, before we even start is that the dilectus was a regular process which happened every year at a regular time. The Romans did have a system to rapidly raise new troops in an emergency (it was called a tumultus), where the main officials, the consuls, could just grab any citizen into their army in a major emergency. But emergencies like that were very rare; for the most part the Roman army was filled out by the regular process of the dilectus, which happened annually in tune with Rome’s political calendar. That regularity is going to be important to understand how this process is able to move so many people around: because it is regular, people could adapt their schedules and make provisions for a process that happened every year. I should note the dilectus could also be held out of season, though often the times we hear about this it is because it went poorly (e.g. in 275 BC, no one shows up).

The process really begins with the consular elections for the year, which bounced around a little in the calendar but generally happened around September,2 though the consuls do not take office until the start of the next calendar year. As we’ve discussed, the year originally seems to have started in March (and so consuls were inaugurated then), but in 153 was shifted to January (and so consuls were inaugurated then).

What’s really clear is that there is some standard business that happens as the year turns over every year in the Middle Republic and we can see this in the way that Livy structures his history, with year-breaks signaled by these events: the inauguration of new consuls, the assignment of senior Roman magistrates and pro-magistrates to provinces, and the determinations of how forces will be allotted between those provinces. And that sequence makes a lot of sense: once the Senate knows who has been elected, it can assign provinces to them for the coming year (the law requiring Senate province assignments to be blind to who was elected, the lex Sempronia de provinciis consularibus, was only passed in 123) and then allocate troops to them. That allocation (which also, by the by, includes redirecting food supplies from one theater to another, as Rome is often militarily actively in multiple places) includes both existing formations, but is also going to include the raising of new legions or the conscription of new troops to fill out existing legions, a practice Livy notes.

The consuls, now inaugurated have another key task before they can embark on the dilectus, which is the selection of military tribunes, a set of staff officers who assist the consuls and other magistrates leading armies. There are six military tribunes per legion (so 24 in a normal year where each consul enrolls two legions); by this point four are elected and two are appointed by the consul. The military tribunes themselves seem to have often been a mix, some of them being relatively inexperienced aristocrats doing their military service in the most prestigious way possible and getting command experience, while Polybius also notes that some military tribunes were required to have already had a decade in the ranks when selected (Polyb. 6.19.1). These fellows have to be selected first because they clearly matter for the process as it goes forward.

The end of this process, which as we’ll see takes place over several days at least, though exactly how many is unclear, will have have had to have taken place in or before March, the Roman month of Martius, which opened the normal campaigning season with a bunch of festivals on the Kalends (the first day of the month) to Mars. As Rome’s wars grew more distant and its domestic affairs more complex, it’s not surprising that the Romans opted to shift where the year began on the calendar to give the new consuls a bit more of winter to work with before they would be departing Rome with their armies. It should be noted that while Roman warfare was seasonal, it was only weakly so: Roman armies stayed deployed all year round in the Middle Republic, but serious operations generally waited until spring when forage and fodder would be more available.

That in turn also means that the dilectus is taking place in winter, which also matters for understanding the process: this is a low-ebb in the labor demands in the agricultural calendar. I find it striking that Rome’s elections happen in late summer or early fall, when it would actually be rather inconvenient for poor Romans to spend a day voting (it’s the planting season), but the dilectus is placed over winter where it would be far easier to get everyone to show up. I doubt this contrast was accidental; the Roman election system is quite intentionally designed to preference the votes of wealthier Romans in quite a few ways.

So before the dilectus begins, we have our regular sequence: the consuls are inaugurated at the beginning of the year, the Senate meets and assigns provinces and sets military priorities, including how many soldiers are to be enrolled. The Senate’s advice is not technically legally binding, but in this period is almost always obeyed. Military tribunes are selected (some by election, some by appointment) and at last the consuls can announce the day of the dilectus, conveniently now falling in the first couple of months of the year when the demand for agricultural labor is low and thus everyone, in theory, can afford to show up for the selection process.

Bret Devereaux, “Collections: How To Raise a Roman Army: The Dilectus“, A Collection of Unmitigated Pedantry, 2023-06-16.


    1. And the dictator’s master of the horse.

    2. On this, see J.T. Ramsey, “The Date of the Consular Elections in 63 and the Inception of Catiline’s Conspiracy”, HSCP 110 (2019): 213-270.

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