Quotulatiousness

May 8, 2022

“… a majority of ‘pro-lifers’ are women, not men. So [Kamala] Harris is effectively saying: how dare women be allowed a voice in this debate?”

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

Andrew Sullivan comments on the leak of a draft US Supreme Court decision that would strike down Roe vs. Wade and the over-the-top reactions on social media from progressives:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

To say that a leaked draft of a Supreme Court ruling prompted an elite meltdown would be a gross understatement. This was a culture war 9/11. “I have typed and deleted a great many comments,” Roxane Gay tweeted. “What do you say when nine people can dictate what happens to your body? It’s ridiculous and hateful.” The Atlantic‘s Adam Serwer, always the subtle one, announced that the court had abolished the entire 20th century. Yep: no more suffrage for women! Jim Crow now!

Taking the arguments of abortion opponents seriously was never an option: “Stripping women of their humanity and rights isn’t a consequence of the ‘pro-life’ agenda, it’s the entire point,” declared Jessica Valenti. Rebecca Traister confessed: “My teeth have been chattering uncontrollably for an hour. Bodies/minds are so weird. Like, not euphemistically — actually chattering. Audibly. And full shaking body. Though otherwise wholly, rationally, well and truly expecting it.”

Going further, freshly-minted critical gender theorist, Jennifer Rubin, argued that any restriction on abortion rights is a violation of secularism: “The right-wing justices and their supporters appear ready to reject one of the Founders’ core principles: that religion shall not be imposed by government edict.” Kurt Andersen went old school and worried about a papist cabal: “It really is kind of remarkable that only one in five Americans call themselves Catholic, but of the Supreme Court majority apparently about to permit abortion to be outlawed, all but one are Catholic and that one was raised Catholic.” Then there’s Vox‘s Ian Millhiser: “Seriously, shout out to whoever the hero was within the Supreme Court who said ‘fuck it! Let’s burn this place down.'” Fuck it! I’ll do it live!

Kamala Harris also found her voice:

    Those Republican leaders who are trying to weaponize the use of the law against women. Well we say, “How dare they?” How dare they tell a woman what she can do and cannot do with her own body? How dare they? How dare they try to stop her from determining her own future? How dare they try to deny women their rights and their freedoms?

The premise here is that all women support abortion rights. But there is no serious gender gap on this question. In fact, a majority of “pro-lifers” are women, not men. So Harris is effectively saying: how dare women be allowed a voice in this debate?

Within minutes of the SCOTUS leak, moreover, we were told it means that before long, interracial marriages will be banned … in a country where 94 percent support them! Imagine Clarence Thomas divorcing himself by jurisprudence. Here’s Traister again: “Voting rights were gutted in 2013. Marriage equality. Griswold. Loving. Don’t ever listen to anyone who tells you such fears are silly or overblown.” Actually, listen to them — if you can hear them over Traister’s permanent rage-tantrum.

What strikes me about all of this is not the emotive hyperbole — that’s par for the course in a country where every discourse is now dialed to eleven. What strikes me most in these takes is the underlying contempt for and suspicion of the democratic process — from many of the same people who insist they want to save it. How dare voters have a say on abortion rights! The issue — which divides the country today as much as it has for decades — is one that apparently cannot ever be put up for a vote. On this question, Democrats really do seem to believe that seven men alone should make that decision — once, in 1973. Women today, including one on SCOTUS? Not so much.

April 29, 2022

QotD: The Rooftop Koreans

Filed under: Law, Liberty, Military, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

We should all be ready to do our duty as American citizens and, when duty calls, each of us should embrace our inner Rooftop Korean.

The year was 1992, 27 years ago right about now, and the city was Los Angeles. Several police officers who got into a videotaped brawl with a petty criminal named Rodney King were acquitted of beating him up. The city exploded. It was chaos.

I was a first-year law student, back a year from the Gulf War, and I had just joined the California Army National Guard. My unit was the 3rd Battalion, 160th Infantry, and we got called up early the first night and were on the streets for three long weeks. Making it even more delightful was the fact that the unit was in Inglewood, which was pretty much on fire. They burned most everything around, except our armory – that would have gone badly for them – and the Astro Burger.

My battalion commander grabbed then-First Lieutenant Schlichter, and we went all over the city in his humvee as he led his deployed and dispersed troops. Our soldiers came, in large part, from the areas most effected by the riots, and they were notably unpleasant to the thugs and criminals who quickly discovered our guys had no patience for nonsense. One dummy discovered that the hard way when he tried to run over some Guard soldiers from another battalion; he had a closed casket funeral.

The city went insane. Order simply ceased to exist. It was Lord of the Flies. I remember a cop totally breaking down because everything was completely out of control.

But I had a M16A1 – a real assault rifle – and I had a bunch of buddies with M16A1s. The regular folks … not so much. The decent people of LA were terrified, and with good reason. See, the dirty little secret of civilization is that it’s designed to maintain order when 99.9% of folks are orderly. But, say, if just 2% of folks stop playing by the rules … uh oh. Say LA’s population was 15 million in 1992 … that’s 300,000 bad guys. There were maybe 20,000 cops in all the area agencies then, plus 20,000 National Guard soldiers and airman, plus another 10,000 active soldiers and Marines the feds brought in. Law enforcement is based on the concept that most people will behave and that the crooks will be overwhelmed by sheer numbers of officers. But in the LA riots, law enforcement was massively outnumbered. Imposing order took time.

And until then, our citizens were on their own, at the mercy of the mob. Betting that the cavalry was going to come save you was a losing bet.

LA’s Korean shopkeepers knew that. They operated many small businesses in some of the least fashionable areas of Los Angeles, and they were already widely hated by activists, being scapegoated for problems and pathologies that long pre-dated their immigration to Southern California. So, they became targets for the mobs.

Bad decision by the mobs.

See, most of these Koreans had done their mandatory service in the Republic of Korea’s Army. Those ROK soldiers are the real deal – the Norks are not a theoretical threat and the South Korean army does not spend a lot of time talking about feelings. They were some solid dudes. So, when the local dirtbags showed up for some casual looting, they noticed the rooftops were lined with hardcore guys packing some serious heat, including the kind of scary rifles that the Democrats want to ban.

The Rooftop Koreans.

It did not take long for the bad guys to realize that the Rooftop Koreans were not playing games – they were playing for keeps. The mob went away in search of softer targets.

There’s a lesson there.

Kurt Schlichter, “Be A Rooftop Korean”, Townhall.com, 2019-05-02.

April 11, 2022

Ours is a fundamentally unserious culture, two examples

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

Chris Bray provides some examples of just how decayed western culture has become in our headlong flight toward total unseriousness:

In Europe this month to lead the diplomatic response to a war, the Vice-President of the United States responded to a question about refugees by giggling and cackling and babbling in typical form:

And then the “fact-checkers” at Reuters explained that she actually didn’t giggle and cackle and babble, because, okay, she did cackle and giggle and babble, but she didn’t cackle and giggle and babble specifically about the refugees, so it doesn’t count: “It is clear from viewing the longer video in context that Harris and Duda laughed at the awkwardness of not knowing who should speak first. There is no evidence that Harris was laughing at the refugees or the crisis in Ukraine.” The question was about refugees, and she laughed — she laughed a lot — right after the question, but Reuters apparently called no tagbacks before the play, so no points accrue.

So we have an awkward and ineffective playactor who occupies the position of a political leader, but lacks the stature or ability to go along with it, and we have journalists who labor to protect people in powerful political positions from the possibility that people will notice who they really are and what they really do. We have political leaders who aren’t political leaders, and journalists who aren’t journalists: the form without the substance.

Meanwhile, a recent debate on the topic of free speech at Yale Law School — the nation’s top-ranked law school, which produces presidents and Supreme Court justices — began with law students screaming abuse (“I’ll fight you, bitch”) at one of the panelists, before walking out as a group and continuing to shout and pound on the walls of the adjacent hallway.

Now: The students were angry at the panelist, the bitch they wanted to fight, because she’s an anti-trans social conservative, and couldn’t you just die? But the thing that law students are learning to do is be lawyers — advocates for a position in a formalized exchange of competing views, in controversies that play out in open court. They’re training at the profession of making an argument. The point of sitting through an argument made by a person whose views you despise is that you can learn about something you want to fight against; you can see what the enemy says, and how she says it, and so do a part of the work of preparing yourself to advance a different position. So we have law students, people training for a debate-and-exchange-centered profession, who don’t want to hear things they don’t agree with. It’s like a minor league baseball player saying he refuses to touch a baseball, because baseballs offend him, but anyway, when are you assholes sending me up to the major leagues? We have people who want to occupy the profession of the law without preparing for the substance of professional engagement with competing positions: the form without the substance.

(Doing what journalists do, now, the fact-checkers explain that none of this puts points on the anti-free-speech scoreboard: “The students made their point at the very start of the event and walked out before the conversation began.” It is precisely the point that 1.) law students 2.) walked out before the conversation began. In ten years, oral argument before the Supreme Court will be that Woke lawyers stand up and scream I’M NOT GONNA LISTEN TO THIS SHIT, YOU ASSHOLES at the justices, then storm out and descend into a long round of day-drinking while waiting for the court to rule in their favor, because oh my god they CAN’T EVEN.)

March 14, 2022

QotD: Crime and (lenient) punishment

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

A few years ago, an eminent British criminologist said, or admitted, that criminology was a century-old conspiracy to deny that punishment had any effect whatever on criminal behavior.

And certainly, no intellectual ever earned kudos from his peers by arguing that punishment was necessary, let alone that current punishments were too lenient. In general, the more lenient he was in theory, and the more willing to forgive wrongs done to others, the better person he was thought by his peers to be.

In a way, this was understandable. The history of punishment is so sown with sadism and cruelty that it is hardly surprising that decent people don’t want to be associated with it.

Often, horrific punishments were carried out in public, half as deterrence and half as entertainment. Clearly, they failed to result in a law-abiding society, from which it was concluded that what counted in the deterrence of crime was not severity of punishment but the swiftness and certainty of detection.

While the latter are important, however, they are obviously not sufficient. It is not the prospect of detection that causes people to refrain from parking in prohibited places, but that of the fine after detection.

This is so obvious that it would not be worth mentioning, had not so much intellectual effort gone into the denial of the efficacy of punishment as such. Despite this effort, I doubt whether anyone, in his innermost being, has ever really doubted the efficacy of, or necessity for, punishment.

In Britain, leniency has co-existed with a very large prison population. This is not as contradictory as it sounds: for the fact is that something must eventually be done with repeat offenders, who do not take previous leniency as a sign of mercy and an invitation to reform but as a sign of weakness and an invitation to recidivism. Instead of nipping growth in the bud, the British system fertilises the plant.

Theodore Dalrymple, “Our Leniency, and the Necessity of Punishing Crime”, The Iconoclast, 2021-11-29.

March 11, 2022

Donate money to a legal, peaceful protest and be deprived of your rights on a governmental whim. Welcome to Canada!

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

In First Things, Craig A. Carter recaps the events of February here in Canada after the government suddenly decided to treat non-violent protests as existential threats to the regime:

A Toronto Sun editorial cartoon by Andy Donato during Pierre Trudeau’s efforts to pass the Canadian Charter of Rights and Freedoms. You can certainly see where Justin Trudeau learned his approach to human rights.

Last month, Canadian Prime Minister Justin Trudeau’s cabinet used special powers under the Emergencies Act to freeze the bank accounts of Canadian citizens who supported Freedom Convoy protests against vaccine mandates. The government partnered with banks and other businesses to “de-bank” Canadians, circumventing due process and normalizing a dangerous, undemocratic policy. Canada has since revoked the Emergencies Act and instructed banks to unfreeze the targeted bank accounts, but this action set a dangerous precedent.

On February 22, the House of Commons Finance Committee questioned Department of Finance Assistant Deputy Minister Isabelle Jacques about the details of these financial measures. The government revealed that more than 206 accounts were frozen. Exactly how many “more” was not indicated. Trudeau revoked the Emergencies Act on February 23. But we still do not know how many accounts were frozen. No judicial review is permitted of the actions of banks under the Emergencies Act.

The government targeted not only protest participants, but also those who merely donated to the protesters. A reporter asked Jacques if a person who donated to a crowdfunding platform with no further involvement in protests could have their bank account frozen. The answer was “Yes.” Some people were punished without being formally charged with a crime at all.

In some cases, the right to a trial and the presumption of innocence were discarded. The Royal Canadian Mountain Police (RCMP) has stated that they provided the names of Freedom Convoy donors to financial institutions. The RCMP claimed that these individuals were major influencers in the protests or truck drivers who refused to leave the area. This might be the case, but we have no way of knowing for sure. Normally, when the RCMP conducts an investigation, they charge an individual with a specific crime and then give evidence to the Crown prosecutor, who decides if the person should be tried in court. If the person is found guilty after trial, then the judge sentences the person, and the sentence is carried out. However, in this situation, the whole process was reversed. The RCMP determined guilt and imposed a punishment before conducting a proper trial for explicit charges. And because this was done under the Emergencies Act, citizens do not have the ability to sue the bank or the RCMP for mistakes — cases of mistaken identity, for example. There was no incentive against carelessness.

There has also been controversy over whose accounts were frozen. The Globe and Mail reports that the RCMP told the House of Commons Finance Committee on March 7 that a “small number” of additional accounts were frozen under the Emergencies Act based on the banks’ own “risk-based” reviews and were not on a list of names provided by the RCMP.

February 24, 2022

I guess the “emergency” is technically over, question mark?

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

My original headline for this piece was

I can’t believe I’m writing this, but we need to depend on Canada’s Senate to turn down Trudeau’s Emergencies Act

Fortunately, perhaps because Mr. Trudeau realized he might lose the vote in the Senate, he announced earlier today that the government will relinquish the powers granted under the Emergencies Act. The province of Ontario is also rescinding the state of emergency. This makes much of what follows less immediately relevant, but I’m too lazy to delete it I feel it still has some informational value to offer:

I’ve never had much faith in our Senate — and given that most Prime Ministerial appointments to the upper house are given as rewards to former political backroom organizers, bagmen, and the occasional prominent citizen, the role of the Senate in daily life is virtually nil. Now, thanks to a provision of the Emergencies Act, our last chance of prying the undemocratic emergency powers Trudeau has claimed is to have the Senate vote against the use of the act. This is not how the upper house normally operates.

“In the east wing of the Centre Block is the Senate chamber, in which are the thrones for the Canadian monarch and her consort, or for the federal viceroy and his or her consort, and from which either the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators themselves sit in the chamber, arranged so that those belonging to the governing party are to the right of the Speaker of the Senate and the opposition to the speaker’s left. The overall colour in the Senate chamber is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom.”
Photo and description by Saffron Blaze via Wikimedia Commons.

Even as it enables the government to take such far-reaching actions, the Emergencies Act provides safeguards against abuse. One such safety valve is that the government’s declaration of an emergency has to be approved, in short order, by both the House of Commons and the Senate in order to continue in force. In the Act’s words, “If a motion for confirmation of a declaration of emergency is negatived by either House of Parliament, the declaration, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote.”

The House of Commons approved the motion to confirm the government’s declaration of emergency on Monday. It is up to the Senate to consider it now. And so, it may be useful to review the principles that govern the role of this much misunderstood and often maligned institution.

The Senate is not a deus ex machina that can rescue us from bad government. The suggestion, put forward by some of the “freedom convoy” leaders, that a constitutional chimera made up of the Senate and the governor general could oust the federal government and redress whatever grievances they came to air was arrant nonsense. For the most part, the Senate’s role in the government of Canada is very limited, and rightly so.

Senators are not elected and, as a result, lack the legitimacy to oppose the will of the House of Commons, whose members (the MPs) are, and the cabinet, led by the prime minister, which is responsible to the House of Commons. When the cabinet proposes that a law should be enacted, and the House of Commons agrees, constitutional propriety (a “constitutional convention”, in the jargon) dictates that the Senate’s role is limited to, at most, making suggestions for improving this law while respecting its general principle.

[…]

Will the Senate act independently? I do not know; I am just a boring law professor, and this question is above my pay grade. But I would like to conclude with an observation about how either answer to this question should make us reflect on the attitude the current prime minister and his predecessor have taken to the Senate.

If the Senate defeats Mr. Trudeau’s government, it will be in part because he cut his ties with what used to be the Liberal caucus there, releasing existing Liberal senators and new appointees to act with greater independence (though, in fairness, senators were always somewhat more independent-minded than MPs; not having to get re-elected does that to one). What may have seen a cost-free symbolic gesture might yet turn out to have been quite consequential.

Conversely, if the Senate ends up siding with the government, this will in part be because there are fewer Conservative senators than one might have expected. The reason for that is that Stephen Harper simply stopped appointing senators, in a fit of pique over the failure of Senate reform plans. That was a dereliction of constitutional duty ― the prime minister must fill Senate vacancies as they arise. And now, if not Mr. Harper himself, then at least many of his erstwhile supporters may come to regret that he did not.

February 18, 2022

QotD: Historical legal context of marriage

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

The law of servitude in marriage is a monstrous contradiction to all the principles of the modern world, and to all the experience through which those principles have been slowly and painfully worked out. It is the sole case, now that negro slavery has been abolished, in which a human being in the plenitude of every faculty is delivered up to the tender mercies of another human being, in the hope forsooth that this other will use the power solely for the good of the person subjected to it. Marriage is the only actual bondage known to our law. There remain no legal slaves, except the mistress of every house.

John Stuart Mill, The Subjection of Women, 1869.

January 30, 2022

Engineer’s Delight: Stemple 76/45 Becomes the Stemple Takedown Gun

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

Forgotten Weapons
Published 17 Sep 2021

http://www.patreon.com/ForgottenWeapons

https://www.floatplane.com/channel/Fo…

Cool Forgotten Weapons merch! http://shop.forgottenweapons.com

The saga of how the original Stemple 76/45 became the Stemple Takedown Gun is a fantastic story of engineering design choices.

Essentially, John Stemple began by building a rather crude copy of the Swedish K in .45 ACP in the mid 1980s, called the Stemple 76/45. He produced and registered 2,000 transferrable receivers for the gun (pre-1986), but only built them slowly, a few at a time. In the late 1980s he faced criminal charges from ATF, and transferred the receivers to a friend while he (successfully) fought the charges. When he went to get the receivers back, his friend refused, and the two entered into a nearly decade-long legal battle over them.

By the time Stemple eventually won the case, he recovered about 900 transferrable tubes. By this time (circa 2000) these tube receivers were much more valuable than when he first made them, as the machine gun registry was closed in 1986 and new ones can no longer be made. At this point, Stemple reached out to Brian Poling (BRP Corp) to act as a subcontractor to make the parts for the Stemple 76/45. But Poling had a better idea …

Poling’s thought was to instead design a new gun that would be much more desirable as a recreational gun than the 76/45. He envisioned something controllable, low recoil, and using large drum magazines. Such a gun would be a lot more fun at the range than the MACs and Uzis that tended to dominate the submachine gun market at the time. In addition, Poling’s gun would be designed specifically to protect the irreplaceable registered receiver tubes from wear or damage. The result was the STG-76 — the Stemple Takedown Gun.

In order to remain legal, the STG-76 had to leave the original 76/45 receiver tube cutouts unmodified, so as not to change the configuration of the receiver itself. Poling designed a replaceable internal trunnion and slip-over magazine well, allowing multiple different calibers and magazine configurations. The internals were closely based on the Finnish kp31 Suomi, for which parts kits became readily available in the early 2000s. This also facilitated the use of Suomi 71-round drum magazines. The original STF-76 design also included a bipod for easy shooting, and a grip and stock from an HK91 or CETME Model C for comfortable handling (instead of the terrible metal strut stocks common to most budget SMGs).

Several other interesting configurations would follow (stay tuned for those videos), and the guns remain available brand new to this day. The original supply of receivers is sufficient for production until about 2023 …

Contact:
Forgotten Weapons
6281 N. Oracle 36270
Tucson, AZ 85740

January 28, 2022

QotD: The Myth of Spartan Equality

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

This idea – the degree of equality and cohesion – is what I prefer to call the Myth of Spartan Equality, and it’s going to be our target today.

Where does this idea come from? Well, it comes from the same pro-Spartan sources we discussed last time. Plutarch claims that Lycurgus‘ decision to banish money from Sparta essentially removed greed by making all of the Spartans equal (Plut. Lyc. 9.1-4) – or equally poor – though we should note that Plutarch is writing 900 years after Lycurgus (again, probably not a real person) was supposed to have lived. Xenophon notes approvingly that Lycurgus forbade the Spartans from engaging in productive business of any kind, making them thus unable to accumulate wealth (Xen. Lac. 7.1-6). Land was supposed to be distributed equally to each full Spartan citizen – the spartiates or homoioi (we’ll define these terms in a second) in equal plots called kleroi.

This idea – the Myth of Spartan Equality – is perhaps the single “biggest idea” in the conception of the Spartan state, rivaled only by the myth of Spartan military excellence (don’t worry, we’ll get there!). There is something deeply appealing, at a bedrock emotional level, to the idea of a perfectly equal society like that. And that myth of equality has prompted all sorts of thinkers from all sorts of eras (Rousseau, most famously) – including our own – to be willing to look past Sparta’s many, many failings.

And on the face of it, it does sound like a very equal society – practically a collectivist utopia. It is a pleasant vision. Unfortunately, it is also a lie.

[…] every Greek polis had a three-level layer-cake of status: the citizen body, free non-citizens (like foreigners), and non-free persons (slaves). You could – and the Greeks did – divide that top group by wealth and birth and so on, but we’ll get to that a bit later in this post and the next. For now, let’s stick with the three-level layer cake. Sparta follows this scheme neatly.

At the top were the Spartiates, the full-citizen male Spartans. According to Herodotus there were once 8,000 of these (Hdt. 7.234.2); supposedly 9,000 based on the initial number of equal land plots (kleroi) handed out (Plut. Lyc. 8.3 – or rather than saying “handed out” we might say “seized”). Of course these are tallies of Spartiate males, but women could be of citizen stock (but not citizens themselves) and we ought to imagine an equal number of spartiate women at any given time. For a child to be born into the citizen class (and thus eligible for the agoge and future full citizenship), he had to have a citizen father and a citizen mother. We’ll deal with the bastards a bit further down. Also, the spartiates were often also called the homoioi, sometimes translated as “peers” but literally meaning something like “the equals”. As we’ll see, that equality is notional at best, but this ideal of citizen equality was something Sparta advertised about itself.

[…]

But the final word on if we should consider the helots fully non-free is in their sanctity of person: they had none, at all, whatsoever. Every year, in autumn by ritual, the five Spartan magistrates known as the ephors declared war between Sparta and the helots – Sparta essentially declares war on part of itself – so that any spartiate might kill any helot without legal or religious repercussions (Plut. Lyc. 28.4; note also Hdt. 4.146.2). Isocrates – admittedly a decidedly anti-Spartan voice – notes that it was a religious, if not legal, infraction to kill slaves everywhere in Greece except Sparta (Isoc. 12.181). As a matter of Athenian law, killing a slave was still murder (the same is true in Roman law). One assumes these rules were often ignored by slave-holders of course – we know that many such laws in the American South were routinely flouted. Slavery is, after all, a brutal and inhuman institution by its very nature. The absence of any taboo – legal or religious – against the killing of helots marks the institution as uncommonly brutal not merely by Greek standards, but by world-historical standards.

We may safely conclude that the helots were not only enslaved persons, but that of all slaves, they had some of the fewest protections – effectively none, not even protections in-name-only.

Bret Devereaux, “Collections: This. Isn’t. Sparta. Part II: Spartan Equality”, A Collection of Unmitigated Pedantry, 2019-08-23.

January 26, 2022

“Last year, we’re told, was the ‘deadliest’ year for transgender people since records began”

Filed under: Britain, Health, Law — Tags: , , , — Nicholas @ 05:00

Tish Still, parent of a child who identifies as transgender, was worried about the “epidemic” of trans murder victims:

Facts always matter — but they take on a particular importance when they’re being used to claim that your child could be murdered. So I decided to delve into the research used to inform these claims. For me, it was personal.

The Government doesn’t publish data on the number of transgender people in the UK, though in 2018 it “tentatively” estimated that the figure stood between “approximately 200,000-500,000”. What proportion of that number must have been killed to warrant today’s warnings of trans murder epidemic? 10? 100? 1,000?

To find out, I analysed data collected by the trans-led organisation Transgender Europe, which has received more than a million dollars from the Arcus Foundation, who are based in the US and take a keen interest in transgender issues. As well as donating almost $150,000 to Stonewall, in 2015 the Arcus Foundation handed $312,000 to Transgender Europe specifically to supply reliable global data on transgender murders. The website it created provides an interactive map and links to documents naming the transgender victims.

Looking at Transgender Europe’s list of cases, it became clear — to my relief — that the total murders reported for the United Kingdom since 2008 amounted to 11. This translates as a murder rate of around 0.165%.

Now, that is still significantly higher than the murder rate for the UK as a whole: the ONS reports that the homicide rate in the UK for the year ending March 2020 was 11.7 per million people, rising to 17 per million among men. But look a bit closer at the list of trans murder victims, and that figure of 11 becomes increasingly suspect.

For instance, two of the listed victims, Vikki Thompson and Jacqueline Cowdry, appear to have been erroneously included. Thompson died by suicide while incarcerated in HMP Leeds, while Cowdry’s death was ultimately ruled as non-suspicious. This reduces the total to nine unlawful deaths, all of whom were born male. (By contrast, the number of homicides committed by transgender people between 2008 and 2017 was 12.) For context, the number of women killed by men during the same period was 1800. So much for our alleged “cis-privilege”.

Searching for more information led me to the work of Karen Ingala-Smith, who founded the Counting Dead Women project in 2012 after she realised that there was no central record of the extent of femicide here in the UK; thanks to her, a list of murdered women is read out in the House of Commons each year to imprint the rate of femicide on the minds our political class. Ingala-Smith’s tireless work focusses on female victims of, predominantly, male violence, though she made an exception to highlight the discrepancy between the mass hysteria about transgender victims of homicide compared to the treatment of woman-killing as mere background noise. (There is still no equivalent to the Trans Day of Remembrance for the much greater number of women killed by male violence.)

Crucially, her research sheds a vital spotlight on the nine remaining victims identified by the Trans Murder Monitoring report. Reading it, two things become clear. The first is that it is not entirely certain that all the victims themselves identified with the label “transgender”. The second is that the motives behind these crimes are more complex than straightforward “transphobia”.

January 15, 2022

QotD: “Jack Ketch as Eugenist”

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

Has any historian ever noticed the salubrious effect, on the English character, of the frenzy for hanging that went on in England during the Eighteenth Century? When I say salubrious, of course, I mean in the purely social sense. At the end of the Seventeenth Century the Englishman was still one of the most turbulent and lawless of civilized men; at the beginning of the Ninteenth he was the most law-abiding; i.e., the most docile. What worked the change in him? I believe that it was worked by the rope of Jack Ketch. During the Eighteenth Century the lawless strain was simply choked out of the race. Perhaps a third of those in whose veins it ran were actually hanged; the rest were chased out of the British Isles, never to return. Some fled to Ireland, and revivified the decaying Irish race: in practically all the Irish rebels of the past century there have been plain traces of English blood. Others went to the Dominions. Yet others came to the United States, and after helping to conquer the Western wilderness, begat the yeggman, Prohibition agents, footpads and hijackers of to-day.

The murder rate is very low in England, perhaps the lowest in the world. It is low because nearly all the potential ancestors of murderers were hanged or exiled in the Eighteenth Century. Why is it so high in the United States? Because most of the potential ancestors of murderers, in the late Eighteenth and early Nineteenth Centuries were not hanged. And why did they escape? For two plain reasons. First, the existing government was too weak to track them down and execute them, especially in the West. Second, the qualities of daring and enterprise that went with their murderousness were so valuable that it was socially profitable to overlook their homicides. In other words the job of occupying and organizing the vast domain of the new Republic was one that demanded the aid of men who, among other things, occasionally butchered their fellow men. The butchering had to be winked at in order to get their help. Thus the murder rate, on the frontier, rose to unprecedented heights, while the execution rate remained very low. Probably 100,000 men altogether were murdered in the territory west of the Ohio between 1776 and 1865; probably not 100 murderers were formally executed. When they were punished at all, it was by other murderers — and this left the strain unimpaired.

H.L. Mencken, “Miscellaneous Notes: Jack Ketch as Eugenist”, Prejudices: Fifth Series, 1926.

January 3, 2022

“… the ill-conceived concept of hate crime is tempting police officers away from law enforcement towards making moral judgements”

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

In The Critic, Josephine Bartosch outlines some of the problems with Britain’s approach to “hate crime” policing:

Photo from The Critic

When campaigner Harry Miller was questioned about comments he’d made online, the dutiful copper on the other end of the phone clearly thought he was just doing his job. Apparently unaware of the raging debate around the reform of the Gender Recognition Act, the officer explained that he knew he was right because he’d been on a training course. This small exchange, which was referenced in the recent case won by Miller at the Court of Appeal, underscores a wider problem: the ill-conceived concept of hate crime is tempting police officers away from law enforcement towards making moral judgements.

Hate crime does not exist in itself as an indictable offence; it is comprised of “non-crime hate incidents” (NCHI) and considered as an aggravating factor during sentencing. Developed as a response to the institutional racism exposed in the Macpherson report, hate crime is an attempt to give a voice to those too easily side-lined by a majority white, straight and male police force. The College of Policing (CoP) identify five specific “strands” which designate people at risk from hate: disability, race, religion, sexual orientation or transgender identity.

A new form of prejudice is baked into this touchy-feely approach: provided complainants tick the requisite boxes to show social disadvantage, they are not credited with the wit to be vexatious. Consequently, the police have found themselves unwitting foot soldiers in a culture war which has seeped from social media into real life. The good intentions of officers have been weaponised by unscrupulous whingers who claim offence to muzzle their ideological opponents. Miller was far from the only person targeted by police for exercising his freedom of speech — numerous others have been questioned, arrested and in some cases dragged through the courts for doing nothing more than sharing their opinions online.

Miller’s well-publicised victory against the CoP will force a rethink. It is estimated 124,091 NCHI have been logged since 2014. Many of those with NCHIs recorded against their names have no idea about it.

Looking outside at the cheerless drizzle, it’s easy to understand why police officers might prefer to sit inside cosy offices logging tweets rather than pounding the streets or breaking-up bar room brawls. At a time when much of the left-leaning press has tarred the law enforcement officials as “baddies”, notching-up hate crimes serves as a reminder that law enforcement is on the side of the righteous.

December 16, 2021

The Charter of Rights and Freedoms versus Quebec’s Bill 21 (Loi sur la laïcité de l’État)

Filed under: Cancon, Law, Liberty — Tags: , , , , , , — Nicholas @ 05:00

Andrew Potter characterizes our next big constitutional bun-fight as an exploded time-bomb in the Canadian Charter of Rights and Freedoms:

In 1982, Prime Minister Pierre Trudeau and the provincial premiers inserted a time bomb into the Canadian constitution. It finally went off last week, when an elementary school teacher in West Quebec was removed from the classroom for wearing a hijab, in violation of Bill 21, the province’s secularism law.

The case has generated no shortage of outraged commentary in Canada and abroad, with many denouncing what they see as the “bigotry” of the Quebec law. In The Line on Tuesday, Ken Boessenkool and Jamie Carroll argued that far from implementing a secular state, Quebec has simply imposed a state religion that takes precedence over private belief. In response to these criticisms, many Quebecers say that this is just another round of Quebec bashing. The rest of Canada needs to recognize that the province is different, and to mind its own business.

But it is important to realize that something like this was going to happen sooner or later. The patriation of the constitution and the adoption of the Charter of Rights and Freedoms in 1982 seriously destabilized the Canadian constitutional order, and the twin efforts of the Meech Lake and Charlottetown accords to fix that instability only made things worse. But the real ticking bomb here is s.33 of the Charter, a.k.a. the notwithstanding clause, which allows legislatures to override certain sections of the Charter for renewable five-year terms.

The basic tension is between two more or less incompatible views of the country. On the one hand there is the original concept of a federal Canada, where citizens’ political identities are shaped by and through their relationship with their provincial, and to a lesser extent, national, governments. On the other hand, the Charter created a newer understanding of Canadians as individual rights bearers with political and social identities prior to the state, underwritten by the Charter itself.

December 3, 2021

QotD: Questionable legal tactics

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

This is what I like to call a “reverse insanity defense”. You raise the defense in the hope that the judge is certifiably out of his friggin’ mind and grants it. Sadly, it rarely gets clients off the hook. It is, however, an excellent method of destroying your credibility with the court.

Conrad, “The Reverse Insanity Defense”, The Gweilo Diaries, 2004-09-28.

December 2, 2021

If there are no restrictions on voting age, what other expansions of the franchise might amuse the Supreme Court of Canada?

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 05:00

In Wednesday’s NP Platformed newsletter, Colby Cosh suggests that, given the SCC’s demonstrated preference for getting rid of restrictions on voting rights, we may be in for some interesting legal times:

A band of plucky teens, we are told, are suing to have Canada’s voting age lowered. They are not the first to try, and it goes without saying that the youngsters are a front for a gaggle of do-gooder groups who think that it would somehow purify our democracy in the fires of justice if 16-year-olds could vote. NP Platformed thinks this is a terrible idea that has logical problems on its face. If the age-18 voting limitation can’t be defended, how can any such limit be defended?

Rest assured that the grown-up lobbyists who have a sore bum about the voting age won’t be recruiting four-year-old boys to articulate their cause or serve as litigants. It will all be photogenic, politically sophisticated, fantastically unrepresentative teenagers.

But let’s set the snark aside for a moment. You may be asking, as we here at NP Platformed world headquarters did, how a charter challenge to the voting age can happen at all. Surely there’s solid caselaw about this? If you look into the matter, as we did, you might find yourself saying “Uh oh.” As we did.

The most revealing discussion we could find is tucked away in a footnote in a 2019 paper by University of Ottawa Prof. Michael Pal. Within this wad of small print, Prof. Pal outlines the whole issue. The charter says flat out that “Every citizen of Canada” has the right to vote in elections, and various species of legal voting disability have been removed over time, leaving persons under 18 as the only citizens within Canada who cannot exercise this right.

[…]

“The analogy between youth voting restrictions and inmate disenfranchisement breaks down because the type of judgment Parliament is making in the two scenarios is very different. In the first case, Parliament is making a decision based on the experiential situation of all citizens when they are young. It is not saying that the excluded class is unworthy to vote, but regulating a modality of the universal franchise. In the second case, the government is making a decision that some people, whatever their abilities, are not morally worthy to vote — that they do not ‘deserve’ to be considered members of the community and hence may be deprived of the most basic of their constitutional rights. But this is not the lawmakers’ decision to make.”

We’re just gonna say it: “regulating a modality of the universal franchise” is drivel. If this is the bedrock on which age restrictions on voting rest, age restrictions on voting are in trouble.

The constitutionality of a voting age was also discussed in the Supreme Court’s 2019 Frank case, which annihilated the voting eligibility restrictions for Canadian citizens living abroad. In that case it was dissenters, specifically justices Suzanne Côté and Russell Brown, who brought the matter up. If legislatures can’t restrict the voting rights of Canadians who have been living in Cucamonga or Timbuktu, how can they impose any limit at all?

The dissenting pair quietly pointed out (at paragraph 144) that the phrase “regulating a modality” is gaseous nonsense, and that the Supreme Court, in its endless lust for making the franchise more inclusive, seems to have made any restrictions at all untenable. (Why, indeed, should the franchise be limited to citizens? Municipalities are already asking this question!)

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