Quotulatiousness

April 30, 2026

Latest luxury belief just dropped: “microlooting”

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

Rob Henderson identifies the latest addition to the broad suite of luxury beliefs held by the over-educated, over-privileged people who will never bear the costs of their anti-civilizational thoughts:

In a 1955 essay titled “The English Aristocracy”, novelist Nancy Mitford suggested that as goods became more affordable, England’s upper classes could no longer rely on material possessions to distinguish themselves from the masses. Instead, Mitford wrote, “it is solely by their language that the upper classes nowadays are distinguished”.

Jia Tolentino and Hasan Piker proved this point last week in a conversation hosted by Nadja Spiegelman at the New York Times. It unfolded in a carefully staged loft that signaled taste and status. Ms. Spiegelman proposed a new word for shoplifting: “microlooting”. Mr. Piker later remarked that “many Americans, I think, are totally oblivious to this political language”.

“Stealing” sounds so tawdry. Microlooting is cleaner — a minor offense laundered into a boutique act of political protest. Indeed, much of upper middle class life is about rebranding disreputable behaviors to retain one’s position in the social hierarchy. The pattern is familiar. Mitford sorted vocabulary into “U” (upper class) and “non-U”. U-speakers said “vegetables” and “spectacles” and “lavatory”. Non-U speakers said “greens” and “glasses” and “toilet”.

Today, the favored words of the upper class come from a mishmash of therapy culture and human resources. Lazing off at work has become “acting your wage”. Saying no means “setting boundaries”. Infidelity is “ethical nonmonogamy”. Prostitution is “sex work”. Divorce can be called “conscious uncoupling”. Neglecting close relationships is “protecting your peace”. Listening to someone vent is “emotional labor”. Recall that in 2021 the AP Stylebook announced that a “mistress” must now be called a “companion, friend or lover”.

And shoplifting is “microlooting”.

Five years ago, I texted a high-school friend who had been released from prison. “Good news”, I told him. “You’re not an ex-felon anymore, you’re a justice-involved person.” He replied, “Okay Rob, you’re not a college graduate anymore, you’re a classroom-involved person.”

At UnHerd, Poppy Sowerby pours scorn on the well-to-do New Yorkers’ sudden discovery that “five finger discounts” are fun and socially conscious ways to strike back at “the man”:

The New Yorker columnist Jia Tolentino, the NYT‘s Nadja Spiegelman, and Hasan Piker — the midwit Marxist streamer accused of electrocuting his dog and who admitted having solicited a prostitute (not so against the free market now, ey?) — gabbed about “microlooting” — small thefts justified by the fact that, as Spiegelman puts it, “It’s so hard to live ethically in an unethical society”. Quick-fire scenarios are floated; stealing from the Louvre, Piker says, is “cool”. Stealing from supermarket chains is “not a big deal” in a “utilitarian sense”, says Tolentino. And Spiegelman wonders why she should “have to pay for organic avocados” when Jeff Bezos “has too much money” (Amazon, which he founded, acquired Whole Foods in 2017). Antisocial behaviour is justified here — explicitly or tacitly — under the lazy logic of “protest”.

Unlike microlooting, however, Tolentino finds “getting iced coffee in a plastic cup … profoundly selfish, immoral [and] collectively destructive” — presumably the bimbo-coding of that drink is unrelated. The lines of moral permissibility seem to be drawn, in other words, along the exact same lines of what these rich, educated progressives consider “cool”.

And that’s the real problem. Progressives have always found extravagant ways to reframe the ills which they personally enjoy — prostitution, pornography, choking women. Now shoplifting gets the same treatment. Tolentino is not really stealing lemons because it’s a way of flipping the bird at Bezos; she’s stealing them because she wants them. Nor are the barrier-bumpers actually trying to signal their dissatisfaction with the frequency or cleanliness of public transport — reasoning I have actually heard with my own ears, despite the fact these things can only be improved by the very funding the free riders are withholding; they are bumping barriers because they just don’t want to pay. Nicking groceries and dodging fares are age-old problems. What’s new is the towering cowardice of those who can’t admit that they, like most people, act mainly out of self-interested desire.

The appealing but deceptive idea that low-level criminality is a laudable demonstration against “the system” in fact conceals envy towards those in that “system” who, like Bezos, have known success. This resentment is particularly native to the media class, whose peers tend to out-earn them in higher-salaried fields like law and finance — conferring on writers like Spiegelman and Tolentino the faintly plausible whiff of bookish martyrdom. Nevertheless, and particularly in New York, mag luminaries can still live in $2.2 million brownstones in Clinton Hill; sticking it to the man by pilfering in the produce aisle might pass in grim artists’ squats, but five-finger discounts are harder to justify on six-figure salaries.

Update, 1 May: Welcome, Instapundit readers! Have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substackhttps://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

April 24, 2026

The Mailbox Test

Filed under: Law, Liberty, Politics, USA — Tags: , , — Nicholas @ 03:00

On the social media site formerly known as Twitter, Devon Eriksen responds to a thread about the ethics of setting up a trap that will only be effective if someone attempts to destroy it:

The Mailbox Test, like the breakfast test, is an excellent way to tell who you can allow to wield power in your society.

Goes like this:

    If someone is hurt trying to destroy someone else’s stuff in order to take pleasure from their pain, do you sympathize with …

    The aggressor because he got hurt?

    Or with the guy who owns the stuff, because he wasn’t the aggressor?

You can have people in your society who fail the Mailbox Test. That’s okay … they can work at hospices, or shelters for orphaned kittens, or something.

But you cannot allow them to vote, or otherwise wield political power. Because if you do, they will open the gates of the city to the enemy.

I am personally tired of everyone pretending that people who enjoy ruining things for random strangers are just kewt smol beans who are only aggressive because of all the complex socioeconomic factors and lack of resources.

They knew someone would be hurt by what they did. They knew that someone had done literally nothing harmful to them. And those two ideas, in combination made them feel pleasure. And they went and did it.

That is the sign of a rotten soul.

Defending ourselves and our property is not just a right, it’s a moral obligation. Otherwise, we just kick the can down the road for someone else to deal with, someone who may not be able to defend herself.

I don’t care if a vandal breaks his arms trying to destroy my stuff. Because I value my stuff more than a vandal’s arms. And the fact that he tried to destroy somebody else’s stuff shows that he, too, values his arms less than the opportunity to hurt somebody.

We cannot allow such people inside the city, and we cannot give the keys to those who would open the gates for them.

Another response to the original post from Kit Sun Cheah:

Sure, this adheres to a strict interpretation of Just War Theory.

However … we’re talking about a mailbox.

A mailbox is not a weapon. It does not serve any military purpose. Its existence is entirely inoffensive.

That is why it is an easy target.

A reinforced mailbox is purely defensive. Do not meddle with it and it will leave you alone. Strike it, and Newton’s Third Law kicks in.

Poke it and nothing will happen to you. Try to smash it and you risk smashing your own arm. It does not amplify an incoming force, it merely resists and returns it. Thus it is inherently proportionate.

No law or theory of war requires that you advertise your capabilities. Concealment may feel wrong to a certain type of personality, but openness is not always a social good.

Yes, you can fortify the mailbox in a blatantly obvious fashion. Some ne’er do well will notice it, then decide to pick another easier mark.

You have deterred an attack on your own property by redirecting attention to someone else’s.

Now suppose the mailbox were covertly fortified. A vandal strikes it and is injured. He passes along word to his friends, and their friends. Then they will start to wonder: are all the mailboxes reinforced?

They can’t tell, so they must assume every mailbox is fortified.

Thus, covert reinforcement does more to deter aggression than overt reinforcement. And ultimately, we want to see an end to mailbox destruction.

This post is not about just war theory or mailboxes.

Update, 25 April: Welcome, Instapundit readers! Have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substackhttps://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

April 23, 2026

The SPLC in the news

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

The Southern Poverty Law Centre (SPLC) is in the news this week for unusual reasons — not SPLC lawyers levelling accusations against individuals, elected officials, or corporate leaders, but the SPLC itself being hit with very serious charges from the US DoJ:

For nearly a decade, the 2017 “Unite the Right” rally in Charlottesville has been portrayed as a defining moral crisis of the Trump era. Across the media and in political speeches, Charlottesville became shorthand for “Trump-era” hate. In his 2019 campaign launch, Joe Biden called Charlottesville “a defining moment for this nation”, describing how “Klansmen and white supremacists and neo-Nazis” marched bearing “the fangs of racism”.1

He condemned President Trump’s “very fine people on both sides” comment. In Biden’s words, the president’s equivocation “assigned a moral equivalence between those spreading hate and those with the courage to stand against it”, and thus signalled a threat “unlike any I had ever seen in my lifetime”.2 Polling at the time showed the public broadly agreed, nearly 60% of voters said Trump had “encouraged” white supremacists by his response, and a majority disapproved of how he handled Charlottesville.3 In short, Democrats and sympathetic media used Charlottesville as a concrete proof-point that Trump had unleashed a racial crisis, and that the country was in “a battle for the soul of this nation”.4 This narrative was presented earnestly by them: far-right violence in Charlottesville would be a national wake-up call about racial hatred that, in their telling, demanded urgent political action.

The Indictment: SPLC Charged

Last week, a new development has upended that narrative. On April 21, 2026, the Department of Justice announced that an Alabama grand jury returned an 11-count indictment against the Southern Poverty Law Center (SPLC), the prominent civil-rights nonprofit best known for its “hate group” lists, charging it with wire fraud, bank fraud, and conspiracy to commit money laundering.5 The indictment alleges that from 2014 to 2023 the SPLC secretly funnelled more than $3 million in donated funds to individuals in violent extremist groups.6 For example, DOJ spokesmen say SPLC paid large sums to figures associated with the Ku Klux Klan, the neo-Nazi National Socialist Movement, the Aryan Nations and others. Crucially, prosecutors claim SPLC used covert methods: it opened bank accounts in the names of “fictitious entities” (with names like “Center Investigative Agency”, “Fox Photography”, and “Rare Books Warehouse”) to disguise payments to its paid informants. By routing donations through these shell accounts, SPLC allegedly hid the true destination of the funds. In effect, donors were told their money was helping to “dismantle” hate groups, but a portion of it was instead being diverted back to the leaders and organisers of those very groups, all while SPLC publicly denounced them.7

The indictment lays out telling examples. One SPLC “field source” reportedly received over $1 million between 2014 and 2023 while affiliated with the neo-Nazi National Alliance.8 Another informant was actually in the inner online circle that planned the Charlottesville rally itself: prosecutors say he “made racist postings” in that chat group and even “helped coordinate transportation” to the August 2017 march, all while being paid by SPLC.9 The DOJ press release quotes FBI Director Kash Patel, who bluntly said SPLC “lied to their donors, vowing to dismantle violent extremist groups” while “paying the leaders of these very extremist groups”.10 Acting Attorney General Todd Blanche similarly charged that “the SPLC is manufacturing extremism to justify its existence”, using donor money not to combat but to “stoke racial hatred”.11 DOJ officials argue that, if proven, SPLC’s actions amounted to an elaborate fraud: donors were intentionally misled, and false statements were made to banks to conceal the program. In sum, the indictment portrays SPLC as doing “the exact opposite” of its claimed mission, funding racial hate rather than fighting it. All of these details are, of course, allegations. The legal question at this stage is whether prosecutors can prove intent to defraud, but the charges alone lay bare a startling claim: that an organisation central to defining and fighting extremism may have been materially involved with it.


  1. https://www.washingtonpost.com/politics/2019/04/25/joe-biden-charlottesville-defines-trump-presidency/
  2. Ibid
  3. Ibid
  4. https://www.jta.org/2019/04/25/politics/biden-makes-trumps-charlottesville-reaction-the-center-of-his-campaign-launch/
  5. https://www.justice.gov/opa/pr/federal-grand-jury-charges-southern-poverty-law-center-wire-fraud-false-statements-and/
  6. https://www.northcountrypublicradio.org/news/npr/g-s1-118275/southern-poverty-law-center-indicted-on-federal-fraud-charges/
  7. https://abcnews.com/US/southern-poverty-law-center-facing-justice-department-probe/story/
  8. https://www.wunc.org/2026-04-21/southern-poverty-law-center-indicted-on-federal-fraud-charges/
  9. Ibid
  10. https://www.justice.gov/opa/pr/federal-grand-jury-charges-southern-poverty-law-center-wire-fraud-false-statements-and/
  11. https://abcnews.com/US/southern-poverty-law-center-facing-justice-department-probe/story/

On a lighter note, The Babylon Bee asks you to donate to the SPLC today to support a needy racist in your community.

April 16, 2026

The EU has managed to revive smuggling as a viable career

Filed under: Bureaucracy, Europe, Government, Law — Tags: , , , , — Nicholas @ 04:00

We’ve all read reports on how bold and forward-focussed the European Union is, but do we give them equal credit for their diligent efforts to revive dying industries?

Title page of a book covering the trial of seven smugglers for the murder of two revenue officers. In the preface the author says “I do assure the Public that I took down the facts in writing from the mouths of the witnesses, that I frequently conversed with the prisoners, both before and after condemnation; by which I had an opportunity of procuring those letters which are herein after inserted, and other intelligence of some secret transactions among them, which were never communicated to any other person.”
W.J. Smith, Smuggling and Smugglers in Sussex, 1749, via Wikimedia Commons.

In late March, European Union (E.U.) officials announced they had taken down a five-country cigarette-smuggling operation and seized over 40 tons of tobacco products. The ambitious network reportedly transshipped the cigarettes far and wide to obscure their sources and destinations, while also hiding them in hidden compartments built into cargo containers. Why would smugglers go through such effort to move perfectly legal products, and why would the authorities care? In Europe, as in the United States, the answer is the same: sky-high taxes.

Smuggled Smokes in Hidden Compartments

In announcing its efforts against the smuggling network operating in Italy, France, Poland, Switzerland, and the U.K., the European Public Prosecutor’s Office, which worked with international law enforcement agencies as well as police in all five countries, noted the smugglers used “maritime and commercial routes designed to evade customs inspections”, passed shipments “through Georgia, Kenya, the Netherlands and Turkey, in order to hide the true origin of the illicit goods”, and that “false bottoms were used as hidden compartments built into containers to conceal the tobacco”.

At the conclusion of the investigation, “enforcement activities were carried out at the Port of Genoa, leading to the seizure of close to 41 tonnes of manufactured cigarettes, with an estimated loss of customs duties, excise duties and VAT exceeding €10 million”.

Absolutely nothing motivates government officials like the extraction of taxes from the public. And lots of tax money is at stake when it comes to cigarettes.

Taxes Make Up Most of the Price of Cigarettes

This month, the Tax Foundation, which has a branch in Brussels, reported that “cigarette smokers in the European Union pay far more in excise taxes than they do for the cigarettes themselves”. Report authors Jacob Macumber-Rosin and Adam Hoffer wrote that excise taxes in the E.U., which are intended to deter smoking as much as to raise revenue, start at the equivalent of $2.11 per pack and that the “total excise duty is at least 60 percent of the national weighted average retail price”. Value-added taxes are tallied after excise duties are levied.

“The highest tax in the EU is levied in Ireland at €10.71 ($12.58) per pack of 20 cigarettes, followed by France at €8.09 ($9.51) and the Netherlands at €7.77 ($9.13)”, they added.

April 12, 2026

How to Legalize Scapegoating – Death of Democracy 11 – Q3 1935

Filed under: Germany, History, Law — Tags: , , , , — Nicholas @ 04:00

World War Two and Spartacus Olsson

Published 11 Apr 2026

Nuremberg Laws explained: how Nazi Germany turned antisemitic street violence into state policy in 1935. In this episode, Spartacus Olsson reports from Berlin on the third quarter of 1935, when the Kurfürstendamm riots, Goebbels’ propaganda campaigns, and Hitler’s regime culminated in the passage of the Nuremberg Laws.

This historical analysis breaks down how the Reich Citizenship Law and the Law for the Protection of German Blood and German Honor stripped German Jews of civil rights, redefined citizenship around “German blood”, and replaced chaotic mob violence with systematic bureaucratic persecution. The video also explores the role of Joseph Goebbels, the SA, the coming 1936 Berlin Olympics, Leni Riefenstahl’s Triumph of the Will, worsening shortages in the Nazi economy, and the collapse of democracy, human rights, and freedom of expression in the Third Reich.

This episode is essential viewing for anyone interested in Nazi Germany, Holocaust history, antisemitism, Nazi propaganda, the rise of fascism, and the origins of World War II. It shows how legal language, public conformity, and state power combined to normalize persecution long before the worst crimes were fully visible.

April 9, 2026

The NFL’s “Rooney Rule”

Filed under: Business, Football, Government, Law, Politics, USA — Tags: , , , , — Nicholas @ 05:00

As the NFL in its modern incarnation exists as an exception to the normal rules governing corporate structure under US law, you can readily imagine that the NFL’s legal teams are extremely sensitive to the changing winds at the federal level. At a time that the federal government was emphasizing providing employment equity, the NFL scrambled to implement a hiring solution that gave black coaches a better chance of being hired for head coaching opportunities. The winds have shifted recently and the NFL risks being caught on the wrong side of evolving legal decision-making:

In a recent interview with the New York Times, Tampa Bay Buccaneers head coach Todd Bowles said he “absolutely” believed that he was sometimes brought in by NFL teams just to check the “Rooney Rule” box.

The Rooney Rule is an NFL policy instituted more than two decades ago that requires teams to interview — though not to hire — at least one minority candidate when hiring new coaches.

The rule was designed to increase the number of minority head coaches in the NFL, a goal it has failed to achieve. For years, it has been a source of moral controversy, but new developments suggest it may now be a legal issue for the league.

Last week, Florida Attorney General James Uthmeier (R) sent a letter to the NFL calling the Rooney Rule “blatant race discrimination“, adding that hiring decisions should be based solely on merit.

Though the NFL says it believes its policy “is consistent with the law” and promotes fairness, others have indicated the Rooney Rule may be on the chopping block, given recent legal challenges to other forms of racial preferences.

“There’s no question that the environment has changed in recent years“, said Pittsburgh Steelers owner Art Rooney II, the son of Dan Rooney, for whom the rule is named. “We do have an obligation to make sure that our policies comply with the laws, whatever the law is, and whatever the changes in law might be.”

Art Rooney didn’t specify the laws the NFL may not be in compliance with, but he might have been referring to last year’s Supreme Court ruling in Ames v. Ohio Department of Youth Services. In that decision, the court unanimously ruled that separate standards for minority and majority plaintiffs seeking redress for racial discrimination were illegal.

The ruling undercut the ability of organizations to use race or sex in hiring decisions — even for ostensibly benign or diversity-promoting purposes — because majority-group plaintiffs are now allowed to sue under the same legal standard as minority groups.

As I wrote at the time, the Ames decision was likely to be a wrecking ball to diversity, equity, and inclusion initiatives, which employers had used for years to discriminate against majority ethnic groups (and non-focus minorities, such as Asians), in violation of Title VII of the Civil Rights Act.

March 31, 2026

QotD: Slavery

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

As sociologist Orlando Patterson (b.1940) has observed:

    It is impolite to say of one’s spouse or one’s debtor that they are part of one’s property. With slaves, politeness is unnecessary. (Slavery and Social Death, P.22)

What makes a slave different from a wife, professional player or even a serf is that a slave is in a state of social death: they have no claims of social connection that their master (or anyone else) need pay attention to beyond that to the master.

This is not to say slaves have no legal personality — all slave systems are very well aware that slaves are people. Rather, the relationship of exclusive domination was such that they had no connections that anyone had any obligation to respect other than to their master.

Other individuals might be in relationships of servitude under a master but still retained connections with others subject to presumptive respect. This was true even of serfs and is what distinguishes various forms of serfdom from slavery. Even under Russian serfdom, a serf marriage was a legally recognised marriage; a serf father had legally recognised authority over his family; a serf could legally own property. Once somebody had suffered the social death of slavery, they were utterly bereft of any such connections.

Both serf and slave lacked any choice of master or about the nature and content of that mastery: that is what makes both forms of labour bondage. Nevertheless, a serf had legally recognised relationships, and choices about them, that a slave simply did not.

Slaves are violently dominated: the whip or equivalent has been a control device in every known system of slavery. They are natally alienated: both from from any (positive) standing from their ancestors or claims over their descendants. They are culturally degraded: whether in naming, clothing, hair style, marks on the body or required acts.

All this serves to establish, mark and reinforce the relationship of domination. For that level of domination is required to turn one human into the possession, and so the property, of another. (Karl Marx’s talk of “wage slave” is not only rhetorical excess, it is contemptible rhetorical excess: a manifestation of his comprehensive mischaracterisation of commerce.)

None of these key features of domination require the acknowledgement of the wider society. There are likely slaves in every major city in the world, even in economically highly developed democracies with the rule of law.

While it can be helpful to have your relationship of domination over a slave recognised by others, the crucial thing is the acknowledgment by the slave. Slavery is a relationship between people about an owned thing, where the slave acknowledges that they are the owned thing. This is a key element in the humiliation of slavery.

The mechanisms of domination are, however, obviously much more powerful if they are embedded in wider institutional acceptance of slavery. Where there is no such wider acknowledgement, then even greater isolation from the wider society is required to establish and maintain the relationship of domination.

In social systems that openly incorporate slaveholding, a slave’s state of domination, of the social nullity of no independent connection, normally meant that they could not be a formally recognised owner of property: that they could not be a legal owner of property, not a person who could have property. They lacked the sort of legal standing that could legally own things.

To do so would require the slave to have social and legal connections, beyond the claims and decisions of their master, that others are bound to accept or respect, and that is precisely what slavery, as a structure of domination of one by other, denies. The Ahaggar Tuaregs express this feature of slavery very directly, holding that:

    without the master the slave does not exist, and he is only socializable through his master. (Slavery and Social Death, P.4.)

Slavery is, always and everywhere, a created relationship of dominion. As the Kel Gress group of the Tuareg say:

    All persons are created by God, the slave is created by the Tuareg. (Slavery and Social Death, P.4)

In a society that accepts slavery, the conventions of acknowledged possession will operate for the master about the slave in a far more complete way than any other claim of property in another human. If other mechanisms of delegated control were sufficiently absent or attenuated, then slaves became preferred agents. The use of slaves as commercial agents was surprisingly common.

In societies dominated by kin-groups, slaves could make preferred warriors or officials precisely because they had no other connection entitled to presumptive respect than that to their master — hence the slave warriors of Greater Middle Eastern (Morocco to Pakistan) Islam.

The danger of kin-groups is that they readily colonise social institutions — rulers come and go, the kin-group is forever. Slave warriors and officials were a solution to that problem in societies where suppression of kin-groups was not a practicable option.

Imperial China found kin-groups useful for economising on administrative costs and Emperors used distance — officials could not be assigned to their home counties — and rotation of officials to inhibit kin-group colonisation of their administrations. Even so, much of the appeal of eunuchs to Emperors was precisely the presumed severing of kin-group ties. (They also had the advantage of being the only males, other than the Emperor, permitted overnight residence in the imperial palace.)

Nevertheless, slavery can exist without such wider acknowledgement by laws. For turning someone into a slave requires forcing them to acknowledge the relationship of domination to the point of being a possession of another.

So, slavery is not, at its core, a matter of property but of domination. Domination to the extent that the conventions of acknowledged possession can apply to slaves entire. Slaves can be turned into property without any other connections with presumptive respect or standing. Yet, even a slave could be a beneficial participant in the conventions of acknowledged possession.

For, so powerfully useful are the conventions of acknowledged possession, that masters have, surprisingly often, allowed slaves to also be accepted beneficiaries of the conventions of acknowledged possession. To be owners of property in practice, if not in law. This was done to lessen the burdens of control, the cost of subsistence or to enable the slave to buy their freedom. The Romans acknowledged this through the concept of peculium.

The Romans, being relentlessly logical in such matters, held a slave to be an owned animal. That is, a human on which such a comprehensive social death has been imposed that they are the legal equivalent of a domesticated animal. (Yet, somewhat awkwardly, still people.)

Just as you can geld an animal, you can castrate a slave. Despite the Islamic slave trade being on a comparable scale to, and lasting centuries longer than, the Transatlantic slave trade, there is no ex-slave diaspora within Islam, unlike the Americas. All children of a Muslim father are members of the Muslim community while so many of the male slaves were castrated.

The Roman concept of property as dominium, as absolute ownership of a thing, may have transferred the domination of slavery into a more general conception of property so as to absolutely separate slave (who suffers dominium) from citizen (who possesses it). Rome ran one of the most open slave systems in human history, such that a freed slave could become a citizen. This necessitated particularly sharp legal delineation of the difference between slave and citizen.

Such dominion is not a relationship between a person and thing (despite claims to the contrary) for it is still setting up a relationship with others regarding what is owned, remembering that the crucial thing in property is not mine! but yours!: the acknowledgement by others of possession and so the right-to-decide. Hence the importance of the signals of possession for slavery.

The Greeks also had citizenship and — particularly in the case of Athens — mass slavery. Greek citizenship was, however, far more exclusive than Roman citizenship and the existence of metis, resident non-citizens, further separated citizen from slave. The Greek city-states also operated much more convention-based, and distinctly less developed, laws than did Rome. If law is a matter of such abstraction as is needed to establish functional differences, and no more, the Romans perhaps felt more need to establish that a citizen could possess dominion.

Conversely, as Romans were not moral universalists, they felt no need to generate some justificatory abstraction about slavery: a slave was simply a loser. If a slave later became a Roman citizen, then, congratulations to them, they had become a winner (and few cultures have worshipped success quite as relentlessly as did the Romans). Hence freedmen would put their status as freedman on their tombstones.

Aristotle — as his moral theory did tend towards moral universalism — came up with a clumsy justificatory abstraction (natural slaves) as to why slaves could be morally degraded. Indeed, the combination of moral universalism and slavery invariably led to justifications that held some essential flaw in the slave justified their domination by others. A process much easier to manage if slaves were from a different continental region, so with distinguishing physical markers of their continental origin.

The Romans had no need of such Just-So stories to justify slavery and did not generate them. Muslims and Christians are moral universalists and so did manifest the need to tell such Just-So stories about enslaved groups: why children of God were being enslaved. (Because that is what they were fit for, clearly.)

Islamic writers generated the first major discourses of skin-colour racism, applying them to the populations they enslaved. In their case, generating both anti-black and anti-white racism, as they systematically enslaved both Sub-Saharan Africans and Europeans, particularly Eastern Europeans. It also led to some awkward rationalisations as to why the inhabitants of South Asia could have dark skins but not suffer from any deemed inherent inferiority.

Just as slavery continues, modern totalitarian Party-States have used forced labour — labour bondage — on massive scales, starting with the Soviet Union and then wartime Nazi Germany. Such continues to the present day in CCP China — infamously of the Uyghurs — and the Kim Family Regime of North Korea. From 1940 to 1956, the Soviet Union banned workers moving jobs without the permission of their existing workforce, the key element of serfdom.

Lorenzo Warby, “Owning people, owning animals, controlling attributes”, Lorenzo from Oz, 2025-12-25.

March 28, 2026

Noelia Castillo Ramos, RIP

Filed under: Europe, Health, Law, Media, Politics — Tags: , , , , , , — Nicholas @ 04:00

Celina provides the background information you certainly won’t get from skimming the mainstream media’s coverage of the death of twenty-five year old Noelia Castillo Ramos:

This is how broken the West has become. On Thursday, March 26, 2026, in a clinically sterile room within an assisted living facility in Barcelona, Spain, the government executed a twenty five year old paralysed rape victim. Her name was Noelia Castillo Ramos.1 Noelia did not die of a terminal illness, nor did she pass away from natural causes. Rather, she was administered a lethal injection by the Spanish state that had dismantled her family, forced her into a hostile and horribly dangerous environment, ignored her horrific violation, and ultimately deemed her broken existence too inconvenient to maintain.2

A still from Noelia Castillo’s Antena 3 interview on March 24.

While Noelia Castillo’s heart was stopped by a cocktail of state-sponsored chemicals, the unvetted migrant men who gang-raped her, shattered her mind, and drove her to fling herself from a fifth-floor window continue to walk the streets of Europe, entirely shielded from justice. They faced zero consequences. She faced the death penalty.

These were the last words that her grandmother said to Noelia: “I love you, my girl; someday we will be together again”.

The fate of Noelia Castillo stands as a single almost perfect, undeniable illustration of everything that is broken, evil, and actively suicidal about modern Western society under progressive, woke, open-border, and secular-left governance. Progressive Europe has functionally and legally decided that native European women and girls are a disposable commodity, just collateral damage in the grand suicidal project of multiculturalism.


  1. https://en.wikipedia.org/wiki/Case_of_Noelia_Castillo
  2. https://www.v2radio.co.uk/news/v2-radio-world-news/gang-rape-victim-25-to-be-euthanised-after-fathers-legal-challenge-fails/

March 25, 2026

UNDRIP’s malign power in Canada

Filed under: Cancon, Government, Law — Tags: , , , , , — Nicholas @ 03:00

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has been adopted into law by the provincial government in British Columbia and the federal government. In BC, voters were assured that this was a purely symbolic act to advance reconciliation with First Nations groups in the province. But that was deliberate misdirection and lies:

During the debate on DRIPA [BC’s Declaration on the Rights of Indigenous Peoples Act] in the legislature in late 2019, government ministers of the day waxed lyrical that DRIPA and UNDRIP created no new rights, had no legal force, did not apply to private land, and did not provide a veto. Those assurances were used to justify passing DRIPA, which resulted in the B.C. Opposition unanimously supporting the legislation. It turns out that the government’s assessment and promises were neither correct in substance nor valid legally.

Much has been written lately about DRIPA, some of it wrong. Prior to the B.C. Court of Appeal decision in Gitxaala, some DRIPA defenders insisted it was merely a “process” piece of legislation that bound the government to an arguably undemocratic joint government and Indigenous leadership arrangement, set out in section 3, to evaluate every B.C. statute for conformity with the 46 Articles of UNDRIP and then amend statutes as deemed necessary to create that conformity.

DRIPA itself, though arguably highly undemocratic and perhaps unconstitutional, is not the real problem in this province. The real problem is that DRIPA has been effectively employed as a “smokescreen” by the B.C. NDP and certain of its allies, while the government, secretly and with no explicit public mandate, imposes the Articles of UNDRIP throughout B.C. as a fundamental matter of policy, as though they have the force of law.

Let’s be clear, this is a devious political manoeuvre, much of which is not underpinned in law by DRIPA or, more importantly, by Supreme Court of Canada jurisprudence at all.

Notwithstanding statements made to the legislature in 2019 to get DRIPA passed, the NDP government immediately chose to implement a policy approach to UNDRIP throughout B.C. under which UNDRIP Articles would be applied by the government and the public service as though they were, in fact, the law in this province, notwithstanding the fact that they are inconsistent in many respects with Canadian constitutional law.

In the wake of recent court decisions, there is no indication that the government’s policy approach has changed or that the Premier is thinking about backing away from it, even though there is now much greater public scrutiny of what the government has really been up to since 2019.

The Eby government claims to be upset that UNDRIP is now being applied by the courts as the law in B.C., which it knows will create utter chaos. What has upset it more, however, is that the courts have usurped the NDP government’s desire to quietly and secretly implement UNDRIP everywhere in the province as a matter of policy, a policy that they would like to be viewed as law but without being legally enforceable by judges.

This amounts to a policy of subterfuge by a government that has shown an inclination towards deception on matters concerning First Nations. It appears that a law is not a law unless the B.C. government says it is a law, but some laws, like DRIPA, can be used as a false “front” to allow the covert implementation of a complex UN-based policy that is clearly unfit for the Canadian context, with no one being the wiser.

In the National Post, Warren Mirko explains the murky theory that allows “indigenous ways of knowing” to be taken more seriously than science, history, and legal procedure:

Canada is rapidly abandoning a principle that has shaped western democracies since the Enlightenment: the idea that no person or group has privileged access to sacred or divine knowledge unavailable to everyone else.

Now, this principle is being threatened by Canada’s increasing embrace of “Indigenous Knowledge” — whereby knowledge is treated as collectively owned and restricted by ancestry rather than something open to examination and shared across society.

The governments of British Columbia and Canada — both of which have formally adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — endorse “Indigenous Knowledge” as inherited, rooted in ancestral relationships to the land, and encompassing spiritual, cultural and metaphysical dimensions passed down through generations.

Remarkably, the defining quality to possess this knowledge is not study, training, time spent on the land, or lived experience by any individual alive today. Instead, it’s lineage itself.

That’s a paradigm shift. When knowledge is said to be possessed by birth rather than learned, its universality is replaced with mysticism and its value diminished.

This comes with real-world consequences: ancestry-based considerations are reshaping how public land and resources are managed on Canadians’ behalf.

In British Columbia, newly proposed changes to hunting and wildlife regulations are described as being informed by “the best available science and Indigenous Knowledge“. In practice, this means “Indigenous Knowledge” is being used to design a regulatory regime that falls almost entirely on non-Indigenous users. That’s because Indigenous harvesting rights are recognized under Section 35 of the Constitution, not bound by the same hunting seasons, bag limits, gear restrictions, or limited-entry systems that apply to the broader public.

The growing influence of this genetically transmitted, ancestry-qualified knowledge extends to matters of public safety and economic security, like nuclear regulation: “Indigenous ways of knowing and the Indigenous cultural context enhance the Canadian Nuclear Safety Commission’s understanding of the potential impacts of nuclear projects and strengthen the rigour of project reviews and regulatory oversight”, says the government of Canada website.

Governments championing the principles of UNDRIP insist that “Indigenous Knowledge” can be combined with “Western” science to produce better public policy. But this is a contradiction. Knowledge cannot at once be exclusive and universal.

Apache Arms Carbine: A Saga of Compliance and Crappy Manufacture

Filed under: History, Law, USA, Weapons — Tags: , , , , , — Nicholas @ 02:00

Forgotten Weapons
Published 3 Nov 2025

The Apache Arms carbine was a Thompson SMG lookalike that was made in small numbers in the late 1960s. It was the successor to the Spitfire carbine made by the same people, after the Spitfire was deemed a machine gun by the IRS. The Apache used M3 Grease Gun magazines and was chambered for .45 ACP. It uses a square receiver tube and many of the same cast parts as the Spitfire. It is a very interesting look at how the design was adapted to be legally considered semiautomatic.
(more…)

March 19, 2026

QotD: From the fall of the Soviets to the rise of the Wokerati

Filed under: Britain, History, Law, Politics, Quotations, USA — Tags: , , , , , — Nicholas @ 01:00

… for 50 years the Soviet nuclear threat provided […] an Armageddon to fear, and a reason to rally round the state in the free countries of the West. It provided an unexpected bonus, which protected us all though we did not realise it at the time. Since the USSR was the arsenal of repression, political liberty in the Western lands was under special protection as long as the Kremlin was our enemy. Freedom was, supposedly, what we fought and stood for. Governments claiming to be guarding us from Soviet tyranny could not go very far in limiting liberty on their own territory, however much they may have wanted to.

That protection ended when the Berlin Wall fell. In the same extraordinary moment, the collapse of Russian communism liberated revolutionary radicals across the Western world. The ghastly, failed Brezhnev state could not be hung round their necks like a putrid albatross any more. They were no longer considered as potential traitors simply because they were on the left. Eric Hobsbawm, and those like him, could at last join the establishment. Indeed, fortresses of the establishment such as the BBC now welcomed political as well as cultural leftists onto their upper decks.

Antonio Gramsci’s rethinking of the revolution — seize the university, the school, the TV station, the newspaper, the church, the theatre, rather than the barracks, the railway station and the post office — could at last get under way. At that moment, the long march of 1960s leftists through the institutions began to reach its objective, as they moved into the important jobs for the first time. And so one of the main protections of liberty and reason vanished, exactly when it was most needed.

The BBC’s simpering coverage of the Blair regime’s arrival in Downing Street, with its North-Korean-style fake crowd waving Union Jacks they despised, and new dawn atmosphere was not as ridiculous as it looked. May 1997 truly was a regime change. Illiberal utopians really were increasingly in charge, and the Cultural Revolution at last had political muscle.

Then came the new enemy, the shapeless ever-shifting menace of terrorism, against which almost any means were justified. To combat this, we willingly gave up Habeas Corpus and the real presumption of innocence, and allowed ourselves to be treated as if we were newly-convicted prisoners every time we passed through an airport.

Those who think the era of the face-mask will soon be over might like to recall that the irrational precautions of airport “security” (almost wholly futile once the simple precaution of refusing to open the door to the flight deck has been introduced) have not only remained in place since September 2001: they have been intensified. Yet, by and large, they are almost popular. Those who mutter against them, as I sometimes do, face stern lectures from our fellow-citizens implying that we are irresponsible and heedless.

Now a new fear, even more shapeless, invisible, perpetual (and hard to defeat — how can you ever eliminate a virus?) than al-Qaeda or Isis, has arrived in our midst. There is almost no bad action it cannot be used to excuse, including the strangling of an already shaky economy for which those eccentric or lucky enough to still be working will pay for decades. Millions have greeted this new peril as an excuse to abandon a liberty they did not really care much about anyway.

As a nation, we now produce more fear than we can consume locally, hiding in our homes as civil society evaporates. We queue up happily to hand in our freedom and to collect our muzzles and our digital IDs. And those of us who cry out, until we are hoarse, to say that this is a catastrophe, are met with shrugs from the chattering classes, and snarls of “just put on the frigging mask” from the mob. If I hadn’t despaired long ago, I would be despairing now.

Peter Hitchens, “Democracy muzzled”, The Critic, 2020-09-25.

March 15, 2026

Using US gun statistics to argue against Canadian gun owners

Filed under: Cancon, Law, USA, Weapons — Tags: , , , , — Nicholas @ 03:00

On the social media site formerly known as Twitter, Gun Owners of Canada respond to a troll post trying to confuse the legal situation for Canadian gun owners by using statistics from the US, where the laws are significantly different:

Typical. He blocked without further discussion.

But, he’s wrong.

There is a fundamental flaw in using that 1998 [US] DOJ literature review to argue the Stand on Guard Act will lead to more gun deaths. The claim relies on a completely broken comparison between U.S. and Canadian law.

Here is why applying that specific American data to this Canadian bill proposed by the CPC simply does not work.

The DOJ report relies heavily on American statistics where firearms kept for self defense are typically stored loaded and unlocked. That specific environment, meaning immediate and unrestricted access to a loaded weapon, is the primary driver for the increased rates of accidental shootings and suicides highlighted in those U.S. studies.

The Stand on Guard Act does not create that environment in Canada. Saying it does such is just fear-mongering.

This proposed legislation is strictly an amendment to Section 34(2) of the Criminal Code. It establishes a presumption that force used against a violent home invader is reasonable. The goal is to spare Canadians from years of legal limbo for defending their families.

Crucially, this bill does not amend the Firearms Act and it does not repeal Canada’s strict safe storage regulations.

A legally compliant Canadian firearm owner must still store their firearms unloaded and secured with a locking device, or locked inside a sturdy cabinet or safe. Ammunition must also be stored separately or locked up securely in the same safe.

The specific risks identified in the U.S. data, like a child finding a loaded gun or someone in crisis having instant access to a weapon, are mitigated by our existing storage framework.

Debating the merits of self defense thresholds is perfectly fair. However, importing U.S. data based on a completely different regulatory baseline to predict Canadian outcomes is a clear misapplication of the evidence. We need to ground this conversation in actual Canadian law rather than American statistics.

So, as a reminder — welcome to Canada — let’s buy Canadian, support Canadian and recognize Canadian facts.

March 13, 2026

Enacting the original proposed 12th Amendment

Filed under: Government, History, Law, Politics, USA — Tags: , — Nicholas @ 03:00

At Astral Codex Ten, guest writer David Speiser discusses the two “extra” proposed amendments that didn’t make it into the Bill of Rights, but crucially, didn’t have an expiration date. The 11th did eventually make its way into the Constitution as the 27th Amendment in 1992, leaving only the 12th original still in limbo. The proposed 12th was a doozy:

Here is the text of the Congressional Apportionment Amendment, the sole unratified amendment from the Bill of Rights:

    After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

In other words, there will be one Representative per X people, depending on the size of the US. Once the US is big enough, it will top out at one Representative per 50,000 citizens.

(if you’ve noticed something off about this description, good work — we’ll cover it in the section “A Troublesome Typo”, near the end)

The US is far bigger than in the Framers’ time, so it’s the 50,000 number that would apply in the present day. This would increase the size of the House of Representatives from 435 reps to 6,6412. Wyoming would have 12 seats; California would have 791. Here’s a map:

This would give the U.S. the largest legislature in the world, topping the 2,904-member National People’s Congress of China. It would land us right about the middle of the list of citizens per representative, at #104, right between Hungary and Qatar (we currently sit at #3, right between Afghanistan and Pakistan).

Would this solve the issues that make Congress so hated? It would be a step in the right direction. Our various think tanks identified three primary reasons behind the estrangement of Congress and citizens: gerrymandering, national partisan polarization, and the influence of large donors. This fixes, or at least ameliorates, all of them.

Gerrymandering: Gerrymandering many small districts is a harder problem than gerrymandering a few big ones. Durable gerrymandering requires drawing districts with the exact right combination of cities and rural areas, but there are only a limited number of each per state. With too many districts, achievable margins decrease and the gerrymander is more likely to fail.

We can see this with state legislatures vs. congressional delegations. A dominant party has equal incentive to gerrymander each, but most states have more legislature seats than Congressional ones, and so the legislatures end up less gerrymandered. Here are some real numbers from last election cycle1:

So for example, in Republican-dominated North Carolina, 50.9% of people voted Trump, 60% of state senate seats are held by Republicans, and 71.4% of their House seats belong to Republicans. The state senate (50 seats) is only half as gerrymandered as the House delegation (14 seats).

In many states, the new CAA-compliant delegation would be about the same size as the state legislature, and so could also be expected to halve gerrymandering.

As a bonus, the Electoral College bias towards small states would be essentially solved. Currently, a Wyomingite’s presidential vote controls three times as many electoral votes as a Californian’s. Under the CAA, both states would be about equal.

Money: This one is intuitive. If you can effectively buy 1/435 elections, you’ve bought 0.23% of Congress. If the same money only buys you 0.02% of Congress, you’re less incentivized to try to buy House elections and more incentivized to try to buy Senate seats or just to gain influence within a given political party. Money in politics is still a thing, but it becomes much harder to coordinate among people. This makes it easier for somebody to run for Congress without having to fundraise millions of dollars. Because it’s less worth it to spend so much money on any one seat, elections to the House become cheaper2.

Polarization: Some of the think tanks that want to increase the size of Congress by a few hundred members rather than a few thousand claim that this increase will fix political polarization by making representatives more answerable to their constituents who tend to care more about local issues than national ones.

I’m more skeptical of this claim, mainly because it seems that all politics is national politics now. There’s one newspaper and three websites and all they care about is national politics. My Congressional representative ran for office touting her background in energy conservation and water management, arguing that in a drying state and a warming climate we really need somebody in Congress who knows water problems inside and out. Now that she’s actually in Congress, it seems that her main job is calling Donald Trump a pedophile3. The incentives here are to get noticed by the press and to go viral talking about how evil the other side is, so that people who are angry at the evil other side will give you money and you can win your next election.

But maybe Big Congress can solve that. Maybe in a district of less than 50,000 there will be less incentive to go viral and more incentive to connect with your constituents. At the very least, it seems that people trust their state representatives more. And when my state representative and my state Senator tell me about the good work that they’ve done and ask for me to vote for them again, they point to legislation that they’ve passed, not clips of them calling their opponents pedophiles.


  1. In case this smacks of cherry-picking, here is a breakdown of the “error” in every state’s Congressional delegation, state house delegation, and state senate delegation. “Error” here is defined as the difference between the representation of each state’s delegation and the percentage of that state that voted for Trump over Harris (or vice versa). In only two states, Florida and Virginia, is the error greatest in the largest body, and both of those states would have Congressional delegations larger than that largest body. In the case of Florida, their delegation would be nearly quadruple the size of their state house.
  2. There could also be an effect from the structure of the TV market. Stations sell ads by region, and each existing media region is larger than the new Congressional districts. So absent a change in market structure, a candidate who wanted to purchase TV advertising couldn’t target their own district easily; they would have to overpay to target a much larger region.
  3. And just to harp on this more, we just blew by the Colorado River Compact agreement deadline and now the federal government is going to start mandating cuts; everybody’s going to sue everybody else. Lake Powell is quite possibly going to dead pool this year, and as far as I can find the congressperson who ran on water issues is saying nothing about it.

March 8, 2026

The comfortable illusions Canadians tell themselves about the criminal justice system

Filed under: Cancon, Government, Law, Media, Politics — Tags: , , — Nicholas @ 05:00

L. Wayne Mathison describes how far too many Canadians see crime in Canada and how their pleasant imaginings depart from reality:

Let’s talk about the fairy tale we keep telling ourselves about crime in this country.

If you listen to a certain very loud and very sheltered crowd, you would think our justice system is basically a giant vacuum cleaner wandering the streets accidentally sucking up innocent people who somehow tripped and fell into a robbery charge. Apparently every person behind bars is just a tragic first-timer who made one bad decision on a difficult Tuesday afternoon.

That story collapses the moment you look at the numbers.

Statistics Canada shows something much less romantic. Our prisons are not packed with unlucky amateurs. They are filled largely with repeat performers. If someone is standing in court for a property crime, there is about an 80 percent chance they have already been convicted of doing the exact same thing before. For a lot of these offenders, theft is not a moment of desperation. It is a routine. Court is not a moral reckoning. It is paperwork.

Breaking into garages, lifting bikes, stripping catalytic converters. That is not chaos. It is a job description. Getting caught is just an occupational hazard.

Meanwhile the public is told to take a deep breath, retreat into their “inner Stoic,” and accept that having your property stolen is just part of modern urban weather. File the police report. Replace the lock. Pretend the system is working. It takes real mental gymnastics to watch the same small group of chronic offenders rack up dozens of charges while experts patiently explain that we simply need more empathy.

Look at what happens when these people are actually caught. Most walk out with bail conditions that amount to a polite note asking them to please behave. Unsurprisingly, a huge chunk of new convictions in Canada are administration-of-justice offences. That means breaching bail, skipping court, ignoring probation. They break the rules almost immediately. The revolving door barely slows down.

We do not need some grand philosophical rewrite of the social contract to fix this. We just need to stop pretending the public cannot see what is happening. A very small group of highly active repeat offenders causes a huge share of the damage in our communities.

Until the justice system stops treating career criminals like lost lambs who simply wandered off the path, the rest of us will keep paying the bill.

March 5, 2026

“[I]nternational law is not law; it is a set of rules and claims that pretends to be law”

Filed under: Government, Law, Middle East, Military, USA — Tags: , , , — Nicholas @ 05:00

Lorenzo Warby discusses the charming illusion that “international law” is a real thing and must be treated as a real thing:

In domestic (“municipal”) law, questions of illegality arise. They arise because states have laws. They have laws because their laws come with remedies — consequences for breaking the law.

So, it is a genuine question whether President Trump is exceeding his constitutional authority in his attack on Iran. But that is a genuine question because the US has a Constitution that matters. The US is a rule-of-law state, no matter how much other common law jurisdictions may point and laugh at how politicised US law is.

Nimitz-class aircraft carrier USS Abraham Lincoln (CVN 72), Arleigh Burke-class guided-missile destroyers USS Michael Murphy (DDG 112) and USS Frank E. Petersen Jr. (DDG 121), Henry J. Kaiser-class fleet replenishment oiler USNS Henry J. Kaiser (T-AO-187), Lewis and Clark-class dry cargo ship USNS Carl Brashear (T-AKE 7) and U.S. Coast Guard Sentinel-class fast-response cutters USCG Robert Goldman (WPC-1142) and USCGC Clarence Sutphin. Jr. (WPC-1147) sail in formation in the Arabian Sea, Feb. 6, 2026. The Abraham Lincoln Carrier Strike Group is deployed to the U.S. 5th Fleet area of operations to support maritime security and stability in the Middle East.
U.S. Navy photo by Mass Communication Specialist 1st Class Jesse Monford via Wikimedia Commons.

In terms of the international order, however, there is no such thing as an illegal war, because (public) international law is not law. It is a set of rules and claims that pretends to be law. It only pretends to be law as it has no remedies — apart from declarative statements, which are not enough to make it law. (Private international law does have enforceable and enforced remedies, so is law.)

One of the consequences of this is that (public) international law, as an academic discipline, has no substantive reality-tests. There are no decisions by judges that are enforceable and enforced. This has led to academic international law being the vector by which the toxic ideas of the Critical Theory magisterium, that increasingly dominates Anglo-American universities, have infected Law Schools.

(Public) International law should not be taught at Law Schools, because it is not law. It should be taught in International Relations or Political Science Departments. A PhD in International Law should not qualify you to teach in Law Schools. Indeed, if you cannot tell the difference between actual law — with genuine remedies — and a simulacrum of law, you should not be teaching students at all.

Rules-based international order

When folk refer to the rules-based international order, they are not referring to nothing. There are various rules and conventions it is convenient for states, and other agents, to follow.

There is also a difference between the mercantile maritime order and continental anarchy. It is not an accident that the original international conventions pertained to sea travel and trade.

Within continental anarchy, it is relative power that matters. A war that depletes your resources and capacities, but depletes those of your neighbours more, is a winning proposition, within the state-geopolitics of continental anarchy. The geopolitics of continental anarchy leads states to seek weak or subordinate neighbours. The mercantile maritime order, on the other hand, is all about creating win-win interactions.

Russia, India and China are all continental Powers that live, at least to some extent, in a situation of continental anarchy. But they are also trading States that benefit from the mercantile maritime order maintained by the US-and-allies maritime hegemony. The tension between China as a trading nation becoming the biggest single beneficiary of the mercantile maritime order maintained by the US-and-allies maritime hegemony, and the interests of the CCP (the Chinese Communist Party), is the central strategic difficulty that CCP China faces.

Israel faces the strategic dilemma of operating in a region of continental anarchy but seeking support from states deeply embedded in the mercantile maritime order. Whether the Middle East has to be a region of continental anarchy, or can it become far more embedded in the mercantile maritime order, is precisely what is at stake in the latest conflict.

Any social order has to be enforced. This is even more true of international orders. As there is no such thing as international (public) law, enforcing an international order is not a matter of rules, it is a matter of those who actively support and enforce that order and those who seek to subvert it.

A vivid example of how central enforceability is to any international order is given by comparing the treatment of Germany after the two World Wars. Germany was treated far more harshly after the Second World War than after the First World War. The crucial difference was that the Versailles order was not enforceable by the victors and the Potsdam order was.

Update, 6 March: Welcome, Instapundit readers! Have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substackhttps://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

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