Quotulatiousness

September 4, 2013

Corporations are (legally) people

Filed under: Business, History, Law, USA — Tags: , — Nicholas @ 16:26

At Not Quite Noahpinion, Josiah Neeley explains why the legal notion of corporate personhood was actually intended as consumer protection:

Contrary to popular impression, corporate personhood did not start with Citizens United. In fact, corporate personhood dates back to the old English common law, where it was originally conceived as a consumer protection measure.

Suppose I buy meat from a butcher and it makes me sick. I might wish to sue the butcher for damages. But suppose that I bought the meat not from an individual butcher but from Acme Meat, Inc. It was a central doctrine of the common law that only persons could sue or be sued, own property, or make legally binding contracts. So if a corporation is not a person, I am out of luck. The response to this was to treat corporations as legal persons, who could sue or be sued, make and enforce contracts, buy, sell, and hold property, and so on.

Of course, courts could have granted corporations all the same rights, abilities and duties without calling them persons. But this would have been merely a semantic difference. Once a society decides to have corporations, it has to grant them something along the lines of legal personhood if for no other reason than to protect those who deal with it.

Likewise, once a society decides to grant corporations the right to own property, it is absurd to deny them constitutional protections. The New York Times, the AFL-CIO, and the Sierra Club are all corporations. But it would be ridiculous if the government tried to use those organizations’ corporate status as a justification for regulating the editorial position of the New York Times, or controlling the advocacy position of the Sierra Club or the AFL-CIO.

[…]

More than 150 years ago Alexis de Tocqueville noted in his Democracy in America that the genius of the American political tradition lay in what he called associations but what in today’s terminology we would call corporations. In Europe, to advance some political, social, or economic cause required some wealthy patron. In America, by contrary, groups of people who individually might not have had deep pockets could come together and pool their resources by founding an organization to advance the cause.

Far from being a tool of repression, corporations advanced the interests of democracy and equality by allowing the little guy to organize to accomplish what otherwise could only be achieved by the very rich. Ending corporate personhood would not stop billionaire individuals like the Koch brothers or George Soros from using their wealth to affect the political process, but it would hamper small grass roots organizations which choose to use the corporate form. Ultimately, the long tradition of corporate personhood represents not a threat to democracy, but a support of it.

September 3, 2013

QotD: Some things never change, military division

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

Then for the first time since I had left the Kotwali I had a moment to run over in my mind the actions I had taken during the last half-hour. The soldier always knows that everything he does on such an occasions will be scrutinized by two classes of critics — by the Government which employs him and by the enemies of that Government. As far as the Government is concerned, he is a little Admiral Jellicoe and this his tiny Battle of Jutland. He has to make a vital decision on incomplete information in a matter of seconds, and afterwards the experts can sit down at leisure, with all the facts before them, and argue about what he might, could, or should have done. Lucky the soldier if, as in Jellicoe’s case, the tactical experts decide after twenty years’ profound consideration that what he did in three minutes was right. As for the enemies of the Government, it does not much matter what he has done. They will twist, misinterpret, falsify, or invent any facts as evidence that he is an inhuman monster wallowing in innocent blood.

Field Marshal William Slim, “Aid to the Civil”, Unoficial History, 1959.

August 27, 2013

Martin Luther King and the American Dream

Filed under: History, Liberty, USA — Tags: , , , — Nicholas @ 12:21

Brendan O’Neill on MLK’s most famous speech:

Tomorrow is the fiftieth anniversary of Martin Luther King’s “I Have a Dream” speech, made on the Mall in Washington, DC on 28 August 1963. Re-reading the speech 50 years on, the most striking thing about it is how much faith it puts in the American Dream. Where today it is positively hip to be disdainful of all things American, to look upon America as a land of shopping addicts and fat rednecks, King and his listeners were passionately devoted to the idea of America and an American project. Using tellingly capitalistic lingo, King said of those gathered that “we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.” King said that his dream, of racial equality, was “deeply rooted in the American Dream”.

Not for King the fashionable disgust for America’s obsession with consumerism and wealth. On the contrary, he said blacks were sick of living on “the lonely island of poverty” and longed to wade in America’s “vast ocean of material prosperity”. Not for King any sneering at America’s promise of wealth and opportunity to its citizens — “now is the time to open the doors of opportunity to all of God’s children”, he said. Not for King any mocking of the founding fathers of America, who have in recent years been judged by radical Leftists to have been racist and evil (in the words of The Nation magazine just last month, Thomas Jefferson was a “slave-owning rapist”). Instead, King extolled the “magnificent words of the Constitution and the Declaration of Independence” and talked about all men’s “inalienable rights of life, liberty, and the pursuit of happiness”.

In the run-up to the fiftieth anniversary of King’s speech, there’s been a great deal of debate about what has changed, especially for America’s blacks. But perhaps the most sweeping, dramatic change has been in attitudes towards the very idea of America. Today, cheap anti-Americanism is the glue that holds so-called liberals and radicals together. Tapping one’s toe to the Green Day song “American Idiot” while laughing knowingly at the fallacy of the American Dream is what passes for being edgy these days. Both within and without America, many Leftish activists and serious thinkers view America as dumb, fat, polluting, reckless and unwittingly hilarious, founded by narcissists and drunks, a “greedy and overweening power”, as the New Statesman said in the immediate aftermath of 9/11.

August 25, 2013

QotD: Persian and Greek views of abduction

Filed under: Books, Greece, History, Quotations — Tags: , , — Nicholas @ 00:01

Up to this point, there had been abductions only from each other, but after this the Hellenes were largely responsible for offenses. For they began to make war on Asia before their enemies made war on Europe. Now the Persians think that the abduction of women is certainly an act only unjust men would perform, and yet once they have been abducted, it is senseless to make a fuss over seeking vengeance. It is the way of sensible people to have no concern for abducted women; it is quite obvious that the women would not have been abducted if they had not been compliant.

Herodotus, “Book 1”, The Histories, c.450-420 BCE

August 24, 2013

The supercontinent of Pangaea with modern borders

Filed under: History, Science — Tags: , , — Nicholas @ 10:21

Pangaea with current international borders

From TwistedSifter:

Pangaea was a supercontinent that existed during the late Paleozoic and early Mesozoic eras, forming about 300 million years ago. It began to break apart around 200 million years ago. The single global ocean which surrounded Pangaea is accordingly named Panthalassa.

QotD: History and fiction

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

It’s possible to cut and slice history really any way you want to … That’s probably why history belongs more to the novelists and the poets than it does to the social scientists. At least we admit that we lie.

E.L. Doctorow, Essays and Conversations, 1983

August 23, 2013

The avant-garde is dead, dead, dead

Filed under: Books, History, Media — Tags: , , , , — Nicholas @ 09:03

In Salon, Tracy Clark-Flory talks to Camille Paglia about themes in her new book Glittering Images: A Journey Through Art From Egypt to Star Wars:

In Glittering Images, you argue that the avant-garde is dead. Are there any artists — be they painters or pop stars — who are making innovative work right now?

The avant-garde was a magnificent and revolutionary phase in the history of art, but it’s completely over. Artists and galleries must (in Ann Landers’ immortal words) wake up and smell the coffee! The avant-garde, whose roots were in late-18th-century Romanticism, was a reaction against a strong but suffocating classical tradition. The great modernist artists, from Picasso to James Joyce, were trained in that tradition, which gave audacity and power to their subversion of it.

But then modernism began to feed on itself, and it became weaker and weaker. As I argue in “Glittering Images,” there has been nothing genuinely avant-garde since Andy Warhol except for Robert Mapplethorpe’s luminous homoerotic images of the sadomasochistic underground. Everything that calls itself avant-garde today is just a tedious imitation of earlier and far superior modernist art. The art world has become an echo chamber of commercially inflated rhetoric, shallow ironies and monolithic political ideology.

In the past year, the only things that sparked my enthusiasm and gave me hope for an artistic revival were in pop music: Rihanna’s eerie “Pour It Up,” which uses a strip club as a hallucinatory metaphor for an identity crisis about sex and materialism, and the Savages’ slam-bang “City’s Full,” which channels the Velvet Underground and Patti Smith to attack (with gorgeously distorted, strafing guitars) the urban parade of faux-female fashion clones. The visual arts, in contrast, are being swamped by virtual reality.

Video games and YouTube.com are creatively booming, even though Web design, as demonstrated by the ugly clutter of most major news sites, is in the pits.

[…]

Earlier this year, you wrote a highly critical article about recent academic books on the world of kink. What do you wish that these academics would say about BDSM?

My principal complaint about those three books, all from university presses, was that their intriguing firsthand documentation of the BDSM community was pointlessly shot through with turgid, pretentious theorizing, drawn from the slavishly idolized but hopelessly inaccurate and unreliable Michel Foucault.

In this tight job market, young scholars are in a terrible bind. They have to cater to and flatter the academic establishment if they hope to survive. Furthermore, they have not been taught basic skills in historical investigation, weighing of evidence, and argumentation. There has been a collapse in basic academic standards during the theory era that will take universities decades to recover from. I was incensed that none of those three authors had read a page of the Marquis de Sade, one of the most original and influential writers of the past three centuries. Sade had a major impact on Nietzsche, whom Foucault vainly tried to model himself on. Nor had the three authors read The Story of O or explored a host of other crucial landmarks in modern sadomasochism. No, it was Foucault, Foucault, Foucault — a con artist who will one day be a mere footnote in the bulging chronicle of academic follies.

You’re such a beloved and divisive figure, I had to solicit questions from folks on Twitter. Here’s a funny one: “Why do you come down so hard on skinny white girls? Your views on sexuality leave so much room for individuality, so why is it so bad if I am attracted to Meg Ryan or Gwyneth Paltrow?”

When have I ever criticized anyone’s fetish? I am a libertarian. Go right ahead — set up plastic figurines of 1950s-era moppets to bow down to in the privacy of your boudoir. No one will scold! Then whip down to the kitchen to heat up those foil-wrapped TV dinners. I still gaze back fondly at Swanson’s fried-chicken entree. The twinkly green peas! The moist apple fritter! Meg Ryan — the spitting image of all those perky counselors at my Girl Scout camp in the Adirondacks. Gwyneth Paltrow — a simpering sorority queen with field-hockey-stick legs. I will leave you to your retro pursuits while I dash off to moon over multiracial Brazilian divas.

August 21, 2013

QotD: Empires

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

It’s odd the world still cares about European royals, whose primary contribution to history has been wars, repression and poverty for ordinary people so that a handful of twits could live in extreme excess, admiring themselves in the mirror. Not just the British ruling houses — the Hapsburgs, Romanovs, Hohenzollerns and other royal lines mainly brought misery to their subjects, and this was so even if Thomas Hobbes was right about corrupt aristocracy being preferable to bedlam. ALIQUATENUS MELIOR CHAOS should have been on every medieval royal family crest. That’s Latin for “We Are Somewhat Better Than Chaos,” at least according to the Google universal translator.

Perhaps anachronistic royalty draws crowds and media gushing because society adores celebrity, which the House of Windsor continues to possess. But through no effort of its own: The glamour, money and position of the Windsor crowd is inherited, not earned. Society’s admiration should go to those who attain their positions via merit.

Yet there is continuing enthusiasm for anachronistic monarchs of several nations: During the baby countdown outside Clarence House, crowds showed up in Brussels to cheer for new King Philippe, who may be the most irrelevant human being ever to don a purple sash. Fantasy may explain this. Mired in quiet desperation, people like to imagine being born into wealth and glory, treated as special and chosen. Fantasies about sports, sex or money help men and women get through their day, and getting through the day is important.

But let us not forget that kings, queens, princes, princesses, dukes, duchesses and the rest have had an almost entirely negative impact on the human family. Billions of people across the centuries would have lived better lives if the curse of royalty had not arisen. As for empire — whether British or in any other form, it is a hateful, destructive concept used by the few to bleed dry the many. Britons shouldn’t feel nostalgia for their lost empire, they should feel shame an empire once was held. Americans ought to join Indians, Pakistanis, Kenyans, Egyptians, Chinese, Afghans, Boers, Burmese and others in contempt for the memory of the British Empire.

Gregg Easterbrook, “Tuesday Morning Quarterback: NFL could set a better safety example”, ESPN, 2013-08-20

August 20, 2013

The odd pre-history of the Statue of Liberty

Filed under: Europe, France, History, Liberty, USA — Tags: , , — Nicholas @ 10:52

B.K. Marcus on what schoolchildren don’t learn about the famous New York city landmark:

Frédéric Auguste Bartholdi wanted wealth and world renown for building a celebrated colossus, and he was willing to shop the idea around — even to the era’s most illiberal customers.

His first pitch for a giant, torch-bearing statue was to the Ottoman viceroy of Egypt, which was, at the time, the single greatest commercial conduit for the international slave trade.

The statue that now stands in New York Harbor is officially called “Liberty Enlightening the World” (La Liberté éclairant le monde). The statue in Egypt was to be called “Egypt Enlightening the World” or, more awkwardly, “Progress Carrying the Light to Asia.”

Failing to close the deal in Egypt, Bartholdi repackaged it for America.

When this bit of backstory reached the American public, Bartholdi denied that one project had anything to do with the other, but the similarity in designs is unmistakable.

Egypt was a vassal state of an authoritarian empire and the gateway for the colossal African slave trade into Asia — whereas the fundraising for the Statue of Liberty proposed a monument not merely to liberty but to the recent abolition of American slavery. (Picture the broken chains at the Statue of Liberty’s feet.)

The original statue was to be an Egyptian woman — a fellah, or native peasant — draped in a burqa, one outstretched arm holding a torch to guide the ships on the great waterway over which she would stand.

Bartholdi had wanted to place his piece at the northern entrance to the Suez Canal in Port Said because the canal represented French greatness in general and engineering greatness more specifically. His statue was to be a synthesis of French art and French engineering, as well as a political symbol of the progress that France offered the East.

The canal was indeed a great engineering accomplishment and a giant step forward for world trade and greater wealth and comfort for everyone — including the toiling masses. But it was built on the back of slave labor, a 10-year corvée that forced Egyptian peasants to do the digging. Thousands died.

QotD: Queen Victoria’s Tipple

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

1/2 tumbler red wine
Scotch

I have it on the authority of Colm Brogan that the Great Queen was “violently opposed to teetotalism, consenting to have one cleric promoted to a deanery only if he promised to stop advocating the pernicious heresy,” and that the above was her dinner-table drink, “a concoction that startled Gladstone” — as I can well believe.

The original recipe calls for claret, but anything better than the merely tolerable will be wasted. The quantity of Scotch is up to you, but I recommend stopping a good deal short of the top of the tumbler. Worth trying once.

Scholars will visualize, pouring in the whisky, the hand of John Brown, the Queen’s Highland servant, confidant and possibly more besides; and I for one, if I listen carefully can hear him muttering, “Och, Your Majesty, dinna mak’ yoursel’ unweel wi’ a’ yon parleyvoo moothwash — ha’e a wee dram o’ guid malt forbye.” Or words to that effect.

Kingsley Amis, Everyday Drinking: The Distilled Kingsley Amis, 2008.

August 19, 2013

Jesse Walker on his new book, The United States of Paranoia

Filed under: Books, History, Media, USA — Tags: , , , — Nicholas @ 15:27

An interview by Tom Jackson:

What do you hope people will learn after reading The United States of Paranoia?

WALKER: I hope they’ll learn that conspiracy theories are not some new invention: that they’ve always been with us and that they aren’t going away. I hope they’ll learn that there isn’t a single all-purpose political or psychological explanation for why such stories take hold. I hope they’ll learn that the American establishment is prone to conspiracy thinking, no less than its critics on the left and the right are. I hope they’ll learn that these stories have something to teach us even when they’re entirely false — that a conspiracy theory doesn’t take hold with a lot of people unless it speaks to their anxieties or experiences.

And I hope that as they read about the things our ancestors believed, they’ll feel a little shock of recognition. The fears and folklore of modern times can sound a lot like the fears and folklore of earlier generations. We’re not as unique as we think.

It seems to me we are living in very paranoid times, akin to what the country went through in the 1970s. Do you think the timing of your book turned out to be good, perhaps by accident?

WALKER: Many people have said this to me. But as I say in the book, “it is always a paranoid time.” If this had come out last year, people would have looked around at all the election-year conspiracy chatter and told me how well-timed the book was. If it had come out the year before that, people would have pointed to the birthers or to the conspiracy theories about the death of bin Laden.

Do you hope some of your readers will become more tolerant? Much of the book seems to argue for tolerance of other peoples’ conspiracy theories, or at least an effort to understand where they are coming from.

WALKER: Well, I’m all for debunking claims that aren’t true, and that includes untrue claims about conspiracies. But I do hope the debunkers will approach their task with a little humility, an awareness that they’re capable of believing dubious tales too.

[…]

So, what do you think happened to JFK in Dallas?

Walker: Contrary to what you may have read in the Weekly World News, he died.

The Dieppe Raid

Filed under: Cancon, France, History, Military, WW2 — Tags: , — Nicholas @ 10:12

The Laurier Centre for Military Strategic and Disarmament Studies has a two-part post on the Dieppe raid and the decision-making process that led up to the operation:

Professor Emeritus Terry Copp, director of the Laurier Centre for Military Strategic and Disarmament Studies presents “The Dieppe Raid: A Decision-Making Exercise – Part 1: Operation Rutter.” This lecture, which explores Operation Rutter – the precursor to Operation Jubilee (the Dieppe Raid) – is the first in a series of two videos which will make up this decision-making exercise. The next video (Part Two) focuses entirely on Operation Jubilee and can be found here.

This decision-making exercise is offered as part of the outreach activities of the Laurier Centre for Military Strategic and Disarmament Studies at Wilfrid Laurier University, Waterloo, Ontario, Canada. The exercise is based on the one we use to engage students in critical historical thinking at the strategic and operational level without the benefit of hindsight.

The main question we would like you to consider while watching these lectures is:

    After being presented with the same information that decision-makers had in 1942, would you still launch the Dieppe Raid?

Additional information will pop up throughout the video through the “Annotations” feature, so please do not disable this option while viewing.

QotD: “The Genius of the Carpathians”

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

Romanian Communism in its last years sat uneasily athwart the intersection of brutality and parody. Portraits of the Party leader and his wife were everywhere; his praise was sung in dithyrambic terms that might have embarrassed even Stalin himself (though not perhaps North Korea’s Kim Il Sung, with whom the Romanian leader was sometimes compared). A short list of the epithets officially-approved by Ceauşescu for use in accounts of his achievements would include: The Architect; The Creed-shaper; The Wise Helmsman; The Tallest Mast; The Nimbus of Victory; The Visionary; The Titan; The Son of the Sun; A Danube of Thought; and The Genius of the Carpathians.

Tony Judt, “The End of the Old Order”, Postwar: A History of Europe Since 1945, 2005.

August 18, 2013

QotD: The unluckiest regiment in the British army

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

The history of the 24th Regiment (later the South Wales Borderers) is certainly one of the most interesting stories of any regiment in the British army. Throughout its long history, going back to 1689, it had been an exceptionally courageous regiment and also exceptionally unlucky. In 1694 it had taken part in the ill-fated descent on Brest. In the War of Jenkins’s Ear and the attack on Cartagena it lost more than half its number from disease in the West Indies. In 1756 it was forced to surrender to the French at Minorca. The entire regiment was captured in the American War. Forty-six per cent of the second battalion were casualties at the Battle of Talavera in the Peninsula War — more than any other British regiment engaged. In 1810 about 400 men, nearly half the regiment, were captured by the French while on troopships from South Africa bound for India.

Perhaps it is as well to outline here the story of this gallant but ill-starred regiment after the Battle of Chilianwala. The catastrophe which overtook it in the Zulu War will be described later. In World War I it was in the disastrous Gallipoli campaign, and on 3 December 1917 the second battalion marched out of the lines in France with only two officers, the doctor and seventy-three men. In World War II a battalion was captured by the Germans near Tobruk and, naturally, it was part of the unfortunate expedition to Norway in 1940 — even the ship carrying them struck a rock and sank.

Byron Farwell, Queen Victoria’s Little Wars, 1972

August 15, 2013

MI5 – more Maxwell Smart than 007

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

Britain’s counter-intelligence service, MI5, comes in for some unkind words on the BBC website from Adam Curtis:

The recent revelations by the whistleblower Edward Snowden were fascinating. But they — and all the reactions to them — had one enormous assumption at their heart.

That the spies know what they are doing.

It is a belief that has been central to much of the journalism about spying and spies over the past fifty years. That the anonymous figures in the intelligence world have a dark omniscience. That they know what’s going on in ways that we don’t.

It doesn’t matter whether you hate the spies and believe they are corroding democracy, or if you think they are the noble guardians of the state. In both cases the assumption is that the secret agents know more than we do.

But the strange fact is that often when you look into the history of spies what you discover is something very different.

It is not the story of men and women who have a better and deeper understanding of the world than we do. In fact in many cases it is the story of weirdos who have created a completely mad version of the world that they then impose on the rest of us.

I want to tell some stories about MI5 — and the very strange people who worked there. They are often funny, sometimes rather sad — but always very odd.

The stories also show how elites in Britain have used the aura of secret knowledge as a way of maintaining their power. But as their power waned the “secrets” became weirder and weirder.

They were helped in this by another group who also felt their power was waning — journalists. And together the journalists and spies concocted a strange, dark world of treachery and deceit which bore very little relationship to what was really going on. And still doesn’t.

And no retelling of MI5’s hits and misses is complete without the time they accused their own chief of being a Soviet spy:

The small group in MI5 now became convinced that their organisation was not just penetrated by the Russians, it was actually run by a Soviet agent. They knew they had to get the truth out somehow even if it meant breaking the law. So they found a friendly journalist called Chapman Pincher and told him the hidden truth.

Here is Chapman Pincher being interviewed on the Wogan programme about what then happened. Up to this point Pincher had been the Defence correspondent on the Daily Express. He was successful for getting “scoops” from “inside sources” — although the historian EP Thompson said that really Chapman Pincher was:

    “A kind of official urinal in which ministers and intelligence and defence chiefs could stand patiently leaking.”

What the dissident MI5 agents now told Pincher was like super high-grade piss. Or, as he puts it in the Wogan interview, “it was like walking into an Aladdin’s Cave”. But what Pincher wrote was going to open the floodgates to a new kind of conspiracy journalism that still holds sway over large parts of the media imagination.

Have a look at him and decide yourself — high grade toilet or investigative journalist? Or maybe often they are the same thing?

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