Quotulatiousness

April 7, 2021

Bring back the … guillotine?

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

I’d always generally assumed that Colby Cosh was a libertarian-leaning chap, but here he is banging on the table for executing criminals with that revolutionary French device, the guillotine:

A double guillotine
Musée de la Révolution française via Wikimedia Commons.

The history of the death penalty in the English-speaking world looks extremely bizarre from any vantage point in the year 2021. The electric chair, now abolished throughout the United States, has always been a stupid, barbarous idea: it sprouted from a time when electricity was a fashionable new technology, and then just kind of stuck around for a century. Gas chamber arrangements came and went.

Hanging, which is still employed in Japan, has centuries of technique behind it, but is recognizably a holdover from a period when the risk of prolonged death was considered a feature, not a bug. Now the U.S. depends on lethal injection methods, some of them antiquated or illogical, that are very capable of being screwed up.

And in the meantime, the guillotine had its foolproof two-century run in France. The famous Dr. Joseph-Ignace Guillotin was a revolutionary opponent of capital punishment who advocated for the device as being more humane than existing methods. Can this be argued against even now? Measurement of the suffering involved with various methods of execution (or euthanasia) involves more uncertainty than anyone likes to admit, but patients receiving lethal injection, whether at their own request or the law’s, do receive sedation before actually being administered a fatal substance. The maximum duration of suffering in a beheading is a matter of seconds, not minutes; and if you believe in capital punishment without cruelty, there is no reason a person with a guillotine appointment should not be permitted to load up in advance on drugs of their own choosing.

The guillotine’s last use in France, and anywhere else in the world, took place on Sept. 10, 1977. It is associated in Anglo-Saxon minds with everything from French revolutionary terror to the Gestapo and the Stasi. There are good reasons to be reluctant to introduce mechanization of any kind into the process of executing murderers. Perhaps it makes the fatal step toward killing mere political enemies a little easier.

But, again, Americans used the electric chair without noticeable shame for more than 100 years: it came into use on a wave of passion for modernity before anyone even knew exactly how electricity kills you. Beheading’s principal problem, assuming one is willing to contemplate the taking of a human life by the state, is janitorial.

March 27, 2021

“Unfortunately for the RCMP, obstruction of justice and tampering with evidence is very much a criminal offence and it looks like the boys in red should lawyer up”

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

An investigation into the conduct of the Royal Canadian Mounted Police (RCMP) shows an organization that firmly believes — and acts — as though it is above the law:

To its credit, RCMP leadership accepted the findings of the CRCC [Civilian Review and Complaints Commission]. But the rank and file membership, the actual police officers who interact with the public, and their union, have rejected the report, calling it biased.

All of this is a stain on Canada’s top law enforcement agency, and part of a deeper failure by the RCMP to meaningfully address its own reluctantly acknowledged systemic racism toward Indigenous peoples, but it is far from criminal misconduct.

Unfortunately for the RCMP, obstruction of justice and tampering with evidence is very much a criminal offence and it looks like the boys in red should lawyer up.

In the course of the CRCC investigation, the commission requested all recordings, transcripts, and radio communications from the day of the shooting. These communications would have undoubtedly been important to the investigation and could have provided a window into why the RCMP engaged in illegal and discriminatory conduct.

But the RCMP destroyed those records. They claimed that it was part of a routine procedure and that records with no evidentiary value have a shelf life of two years. Except the RCMP knew that there was an ongoing CRCC investigation and a civil lawsuit by the Boushie family when they destroyed the records.

If you or I destroyed relevant records, while staring down a barrel of a civil lawsuit or investigation, we would end up before a judge on charges.

Every time I ask the RCMP to destroy records relating to my clients who have been acquitted at trial, even after years have passed, I am met with a wall of resistance. So it seems a bit convenient when relevant documents are so easily destroyed when it is the RCMP who are being investigated.

The CRCC report also discloses that the RCMP conducted a parallel investigation into the Boushie incident — with officers questioned and evidence gathered. This RCMP investigation not only potentially contaminated the CRCC inquiry, but the RCMP kept their investigation a secret and failed to disclose the fruits of their internal investigation to the CRCC.

This all reeks of a cover up and an attempt to obstruct justice.

March 24, 2021

How They Did It – Declaring War in Ancient Rome

Filed under: Europe, History, Law, Religion — Tags: , , — Nicholas @ 02:00

Invicta
Published 24 Aug 2018

The Romans were often at war but have you ever stopped to consider how exactly that was announced. Turns out the Romans had a complicated ritual associated with declarations of war aimed at making their casus belli apparent before the gods. I hope you enjoy this documentary on ancient government and religion!

Sources:
History of Rome Book I by Titus Livius
Handbook to Life in Ancient Rome by Lesley Adkins
The Rise of Rome by Anthony Everitt

Music:
“Quirky Comedy” by 8th Mode Music

#RomanHistory
#HowTheyDidIt

March 20, 2021

QotD: Flipping the table on gun ownership regulation

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

Heh. State representative Fred Maslack of Vermont has proposed a bill under which non-gun-owners would have to register and pay a fee. Entertainingly enough, there is actual justification for this in a careful reading of the Vermont state constitution.

The Hon. Rep. Maslack is joking. I think. And I’m against requiring people who don’t want to bear arms to do so. But gad, how tempting – because underlying his argument is a truth that the drafters of the Vermont and U.S. constitutions understood. People who refuse to take arms in defense of themselves and their neighbors are inflicting a cost on their communities far more certainly than healthy people who refuse to buy medical insurance (and yes, I do think that proposed mandate is an intended target of Maslack’s jab). That externality is measured in higher crime rates, higher law-enforcement and prison budgets, and all the (dis)opportunity costs associated with increased crime. And that’s before you get to the political consequences …

I’ve never made a secret of my evaluation that refusal to bear arms is a form of moral cowardice masquerading as virtue. Real adults know how precious human life is, when they are ethically required to risk it on behalf of others, and when killing is both necessary and justified. Real adults know that there is no magic about wearing a police or military uniform; those decisions are just as hard, and just as necessary, when we deny we’re making them by delegating them to others. Real adults do not shirk the responsibility that this knowledge implies. And the wistful thought Rep Maslack’s proposal leaves me with is … maybe if moral cowardice cost money and humiliation, there would be less of it.

Eric S. Raymond, “Maybe if moral cowardice cost money, it would be less common?”, Armed and Dangerous, 2009-11-05.

March 5, 2021

Privateering today?

Filed under: China, History, Law, Military, USA — Tags: , , , — Nicholas @ 05:00

In a recent post at Astral Codex Ten, Scott Alexander posted a link to an article in the US Naval Institute Proceedings putting forward arguments for the United States issuing modern day Letters of Marque. Today he posted a few reactions from his readers to the proposal:

On the article about privateers, local naval expert Bean writes:

    It’s time for the standard disclaimer any time Proceedings comes up: Proceedings is intended as a forum for discussion of matters of interest to naval officers, and it is not peer reviewed. Often very not peer reviewed. Like in this case. Please don’t judge the USNI on the basis of this stuff. They do a lot of good work.

    And yes, it is that stupid. First, privateering is probably illegal today. The US didn’t sign the 1856 Paris declaration outlawing it, but the ban is almost certainly considered customary international law today, and thus binding on the US, too. (International law is very weird.)

    Second, it makes no sense. It was something that people did in an era when the ability of the state to do things was sharply constrained, and it was never all that profitable. These days, the government is a lot more effective, and if it wants to hunt Chinese commerce (never mind the issues about who owns the cargo, which is rather different in the days of worldwide communications and the shipping container) it will make auxiliary commerce raiders of its own. There’s definitely no need to have a DDG sit outside a Brazilian port waiting. Take any reasonable civilian ship (big yacht, fishing boat, tug, whatever) and fit it with a couple of 40mm guns and a boarding party. Have it do the waiting instead.

And our other defense expert, John Schilling, writes:

    Modern naval weapons are too good at sinking ships, whereas privateering requires capturing ships intact to be profitable. For a trivial, and in this context uncontroversial, investment, China can equip their merchant fleet with defensive weapons that will sink any privateer, unless the privateer sinks them first.

    – Privateers, being incapable of surviving a fight with real warships (especially modern ones), need to be able to hide from and if necessary outrun enemy warships. That’s a lot harder to manage in a world of radio, radar, maritime patrol aircraft, and satellites. Harder still if you insist on taking prizes, which will be Lojacked beyond your ability to clear at sea. Even in a hot war with the United State, China will probably be able to spare e.g. an H-6K for a day to sink the privateer that just sank one of China’s freighters, and that’s all it will take.

    – The rest of the world regards privateering as flat-out illegal, so virtually all of the ports of the world will be closed to the privateers *and their prizes*. Operating in the South China Sea directly from Hawaii, without any intermediate bases (what’s left of Guam will have its hands full), is going to be logistically challenging to say the least. And the value of that prize ship you just took is greatly diminished if it can only be used in the US coastal trade, its cargo sold only on the US domestic market never to be reexported.

    This is a stupid idea that keeps coming back every year or two because somebody read too many Napoleonic sea-adventure stories and thinks they’re the only one who read those stories so their clever “obscure” idea is something the rest of us haven’t heard and rejected a dozen times already.

There’s a problem in medicine where people think doctors are trustworthy experts. While this is often true, there are about a million doctors, and some tiny fraction of them are insane. The reasonable doctors mostly keep their mouths shut, but sometimes an insane doctor will endorse some sort of terrible alternative medicine, and then people will get excited: “A doctor endorsed it! It must be real!” The fact is, you can find doctors saying pretty much any bizarre thing — I hear some of them even have Substacks.

My thought when reading that article was “this sounds crazy … but wait! It’s written by a colonel and published by the US Naval Institute! That sounds just wacky enough to make a good link!”

Now I am concerned that colonels work the same way as doctors. I wonder what else is like this.

Colonels absolutely do work the same way as doctors, lawyers, and (especially) journalists — Michael Chrichton christened this the “Gell-Mann Amnesia Effect”.

The topic is as good an excuse as I’m likely to find to post Mark Knopfler’s “Privateering”:

“Privateering”

Yon’s my privateer
See how trim she lies
To every man a lucky hand
And every man a prize
I live to ride the ocean
The mighty world around
To take a little plunder
And to hear the cannon sound
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

The people on your man o’ war
Are treated worse than scum
I’m no flogging captain
And by God I’ve sailed with some
Come with me to Barbary
We’ll ply there up and down
Not quite exactly
In the service of the Crown
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

Look’ee there’s my privateer
She’s small but she can sting
Licensed to take prizes
With a letter from the King
I love the streets and taverns
Of a pretty foreign town
Tip my hat to the dark-eyed ladies
As we sally up and down
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

Britannia needs her privateers
Each time she goes to war
Death to all her enemies
Though prizes matter more
Come with me to Barbary
We’ll ply there up and down
Not quite exactly
In the service of the Crown
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

March 4, 2021

QotD: Accounting for the long-term fall in the crime rate

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

Any criminologist will tell you that criminals as a group are also highly deviant in ways that are not criminal. They have very high rates of accidental injury, alcoholism, nicotine addiction, and involvement in automobile collisions. They have poor impulse control. They have high time preference (that is, they find it difficult to defer gratification or regulate their own behavior in light of distant future consequences). And they’re stupid, well below the whole-population average in IQ or whatever other measure of reasoning capacity you apply. I’m going to revive a term from early criminology and refer to these dysfunctional deviants as “jukes”.

One clue to the long-term fall in crime rates may be that most of the juke traits I’ve just described are heritable. Note that this is not exactly the same thing as genetically transmitted; children may to a significant extent acquire them from their families by imitation and learning.

The long-term fall in crime rates suggest that something may have been disrupting the generational transmission of traits associated with criminal deviance. Are there plausible candidates for that something? Are there selective pressures operating against jukeness that have become more pressing since the 1960s?

I think I can name three: ready availability of intoxicants, contraception, and automobiles.

Once I got this far in my thinking I realized that the authors of Freakonomics got there before me on one of these; they argued for a strong forward influence from availability of abortion to decreased crime rates two decades later. And yes, I know that a couple of conservative economists (Steve Sailer and John Lott) think they’ve found fatal flaws in the Levitt/Dubner argument; I’ve read the debate and I think Levitt/Dubner have done an effective job of defending their insight.

But I’m arguing a more general case that subsumes Levitt/Dubner. That is, that modern life makes juke traits more dangerous to reproductive success than they used to be. Automobiles are a good example. Before they became ubiquitous, most people didn’t own anything that they used every single day and that so often rewarded a moment’s inattention with injury or death.

Ready availability of cheap booze and powerful drugs means people with addictive personalities can kill themselves faster. Easy access to contraception and abortion means impulse fucks are less likely to actually produce offspring. More generally, as people gain more control over their lives and faster ways to screw up, the selective consequences from bad judgment and the selective premium on good judgment both increase.

Eric S. Raymond, “Beyond root causes”, Armed and Dangerous, 2010-01-12.

February 2, 2021

QotD: Why “artistes” defended Roman Polanski before #MeToo

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

In 1977, Roman Polanski drugged, raped, and sodomized a 13-year-old girl. When he believed a sort-of-plea-bargain was about to come unstuck, he took it on the lam. He lived the high life in this self-imposed exile for thirty years, until busted in Switzerland recently. Now various of the usual suspects on the right wing’s enemies list are campaigning to block his extradition.

There’s a good deal of perplexity being expressed about this, and some predictable chuntering from right-wingers about lefties being moral degenerates. But this flap isn’t really about politics at all — it’s much simpler than that. It’s about people who think of themselves as “artistes” reserving themselves a get-out-of-jail card when they feel like behaving like repellent scum of the earth, too.

[…]

If you want to make that argument, Roman Polanski makes a great stake in the ground — not in spite of the heinousness of his crime, but because of it. If even a child-raper can invoke the all-purpose artiste excuse for scumminess, than the merely ordinary transgressions of artistes become trivia to be airily dismissed. And if the Polanski case becomes a “teachable moment” whereby people can be talked into feeling like boors or philistines for even thinking that artistes should be held to civilized standards of behavior, so much the better!

None of this is more than tenuously connected to leftism, and I have to say the the right-wing efforts to gin up indignation on that score sound quite contrived and stupid to me. This dispute isn’t about politics, it’s about privilege — not just whether Roman Polanski is above the law, but about whether his defenders can claim to be too.

Eric S. Raymond, “Why artists defend Roman Polanski”, Armed and Dangerous, 2009-09-29.

January 20, 2021

“Canada Post … is not to act as the censor of mail or to determine the extent of freedom of expression in Canada”

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

Colby Cosh on a recent incident in Regina where a Canada Post employee took it upon himself to act as a local censor for people on his delivery route:

Today’s idiot of the day is not, perhaps surprisingly, the Regina postman who got suspended for refusing to deliver the Epoch Times, the oddball anti-communist newspaper that’s affiliated with China’s persecuted Falun Gong religious movement. Don’t get us wrong: Ramiro Sepulveda is clearly a bit of a nitwit. He seems to believe that a newspaper founded by commie-hating Chinese-Americans is designed to provoke hatred toward “Asian communities in North America.”

Sepulveda didn’t want to deliver free copies of the Times to non-soliciting customers because it “spits lies.” Perhaps regrettably, the strong reaction by Canada Post means that our junk mail, quite a lot of which consists of boastful missives from politicians, is not destined to be fact-checked and aggressively suppressed by the corporation’s rank and file.

Sepulveda was properly punished for not doing his job. And Canada Post used the opportunity to promote its content-neutrality as an agent of the state, although it did not quite dare to use the phrase “statutory monopoly.” In a statement to the broadcasters who reported on Sepulveda’s off-piste personal fact-checking, the agency said: “Canada Post is obligated to deliver any mail that is properly prepared and paid for, unless it is considered non-mailable matter. The courts have told Canada Post that its role is not to act as the censor of mail or to determine the extent of freedom of expression in Canada.”

They might have added that access to the mail has been denied to individuals for spreading hatred only a handful of times in the history of the country; this, too, is as it ought to be, and it is certainly not postal employees who ought to be improvising such bans. Ideally, all postmen would be doing their best not to create the suspicion that they are eyeballing what is sent to our homes with the intention of ringing up a reporter and causing a fuss. Say what you like about these poor toilers: most of them never give us any reason to doubt their discretion.

January 15, 2021

The Lady Juliana | The 18th-Century All-Women Prison Ship

Filed under: Australia, Britain, History, Law — Tags: , , , — Nicholas @ 02:00

Weird History
Published 13 Nov 2019

A tale as wild as the Seven Seas, the story of the Lady Juliana, a special convict ship full of prisoners sent to Australia, is one of the strangest in the continent’s history. The Lady Juliana had a specific mission: carrying a cargo of female prisoners the British government hoped would help reform the struggling convict colony in New South Wales. This motley crew of British women ultimately had a lasting impact on the history of Australia.

#prisonship #australia #weirdhistory

January 5, 2021

QotD: Tax “loopholes”

Filed under: Business, Government, Law, Politics, Quotations, USA — Tags: , — Nicholas @ 01:00

… “loopholes” is a term most often used by people who don’t understand accounting or tax law, to complain about how somebody else used the existing laws created by congress to pay less than what that person thinks is “fair.” Regular people have heard the bullshit term loopholes tossed around so much that they start to believe that it is some magical easy button that rich guys can just push that makes it so they don’t have to pay taxes.

Nope. They’re just laws. These “loopholes” exist because at some point in time congress (both democrat and republican both!) decided that they wanted to promote some type of behavior or discourage some other behavior. So they basically put a reward into the law saying if you do this thing we like, you’ll pay less taxes! Or the opposite, congress wanted to discourage some behavior, so if you do that thing we don’t want, it will cost you more.

Both sides have done this forever, state and federal. We want you to drive electric cars so if you buy an electric car you get a tax break this year. YAY! Uh oh, we want you to stimulate the economy by buying this kind of machinery faster, so you have to depreciate your assets this other way or you’ll pay more! BOO! You get a discount for paying your employees health insurance, YAY! Oh, wait … Not that kind of health insurance. BOO!

So on and so forth, up and down, these perks come and go, all based upon whatever behavior congress is trying to promote at that time (or what favors they are doing for their friends). Why was mortgage interest deductible? Because at one point congress said “we really want people to own houses!” Even regular people have things that are considered “loopholes” to somebody.

So when the blue check mark journalism major (who probably dropped out of PoliSci because “there’s too much math”) declares that it is immoral that some rich dude didn’t pay his fair share because he used loopholes, those are basically a bunch of meaningless buzz words strung together to prey on the feelings of the gullible.

Larry Correia, “No, You Idiots. That’s Not How Taxes Work – An Accountant’s Guide To Why You Are A Gullible Moron”, Monster Hunter Nation, 2020-09-28.

November 28, 2020

Showdown at the O.K. BBQ joint

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

Toronto police reacted with overwhelming force to a rebellion centred on a small business in Etobicoke, intending to overawe any more potential lockdown opponents on Thursday. Jay Currie is of the “worse before better” school on this particular flare-up of public sentiment:

Well over 100 Toronto police officers and at least ten horses shut down Adamson’s BBQ today. They arrested the proprietor for “trespass” on his own property.

His sin was, of course, opening when Toronto is under “lockdown”. And then opening again and then, today, getting around the changed locks on his premises and opening again.

Now there will be plenty of people who will say, “Well, it’s the law and necessary if we are going to ‘stop the spread'”. But I suspect there will be a strong minority who will say, “Lockdowns don’t work and Costco is in full operation a block away.” Have at it, my interest is in the show of force.

For the City of Toronto and the Province of Ontario, Adamson’s was a point of rebellion which had to be crushed. At any cost. If Adamson’s was able to open the entire pandemic lockdown regime would collapse. So out came 100+ cops and the horses. (I was surprised there was not a tactical vehicle or two.)

Given that there were all of about a hundred people at the BBQ spot today this was more than sufficient force to ensure Adamson’s would not be able to open. No doubt Mayor Tory and Premier Ford are pretty sure the job is done. Adam Skelly, the owner, is cooling his heels in custody pending a bail hearing. (If that hearing goes as I expect, there will be compliance conditions attached to his bail, namely no re-opening.)

Big government relies upon the general complacency of its citizens. A couple of hundred people showing up to a BBQ joint can be handled with a large police presence. A couple of thousand? Much more difficult. 20,000, not a chance.

I keep saying to my very worried wife, “Worse before better.” Which means that before there is any chance that reason, moderation and good government is restored, things have to get a lot worse. On the left, groups like BLM and Antifa work very hard to create martyrs for their narrative. So far with limited success. Adam Skelly may have set in motion the process which will make him a living martyr for common sense and a degree of justice.

As of Friday morning the GoFundMe campaign for Skelly had reached $130,000 (I’m expecting it to be shut down for “reasons” any time soon … but it was still online and accepting donations when I checked at 10am).

November 26, 2020

“… the Liberals’ oft-stated commitment to listen to the experts and the frontline workers fizzles when said experts and workers disagree with a preferred policy”

In The Line, Matt Gurney explains why the Liberals are so in love with a set of proposed rule changes that will do almost nothing to reduce gun crime in Canada and might even end up creating criminals of previously law-abiding Canadians … but it polls well in Liberal ridings:

Restricted and prohibited weapons seized by Toronto police in a 2012 operation. None of the people from whom these weapons were taken was legally allowed to possess them.
Screen capture from a CTV News report.

Talking about gun policy in Canada is tricky, because the debate is highly technical. The regulation of firearms in this country, at least in theory, depends on the specifications of the firearm in question. Mode-of-operation, magazine capacity, ammunition calibre or barrel-bore width, barrel length, muzzle energy — these are all the criteria upon which a firearm is classified into one of three categories under Canadian law: prohibited, restricted or non-restricted. Any Canadian who wishes to own or borrow a firearm, or purchase ammunition, must be licenced, a process which includes mandatory safety training and daily automatic background checks.

Prohibited firearms are essentially banned in Canada; a relatively small number are held by private citizens who already possessed them when the current regulatory regime was brought in in the 1990s. The government of the day didn’t want to get into the thorny issue of confiscation, so it let existing owners keep them under strict conditions. The vast majority of guns in Canada, and all new guns sold for decades, therefore fall into the other two categories. Restricted guns are generally pistols and revolvers, but also some rifles and shotguns. Non-restricted guns are run-of-the-mill hunting rifles and shotguns, though some sports-shooting rifles (used for target practice) are also included.

The above is all somewhat theoretical, as the regulations are twisted and pulled in a variety of ways to suit political ends, leaving a system that’s tortured and confusing even for those of us who study it. But it gives you at least an idea of how the system is designed. If you know guns, of course, you knew all this already. If you don’t, I wouldn’t blame you if your eyes glazed over a bit while reading the above. Without a basic working familiarity with all the terminology and technical specs and regulations, it’s damn hard to follow the debates over gun control. This is why I have to ask you non-aficionados to take my word for it: the Liberal proposal is really bad.

Well, actually, you don’t have to take just my word for it. You can read the NPF’s position paper, which makes at least some of the case. It notes, correctly, that “military style assault weapons” aren’t actually a thing that’s defined under Canadian law; it can therefore mean whatever the government of the day wants it to mean. True military style battle weapons — fully automatic weapons with high-capacity magazines and full-sized ammunition — are already effectively banned in Canada and have been for decades. Further, the NPF notes, firearms are used in a minority of homicides in Canada, a majority of those homicides are committed with handguns, and a majority of those killings are directly linked to organized crime or gang activity.

You’re probably starting to see the problem: Going after the guns that aren’t being used in the crimes, and taking them from the people who aren’t committing them, isn’t a public-safety policy. It’s a political gift to the Liberals’ urban base, where the proposal is popular and gun literacy low (those two latter points are not unrelated).

While the ban is almost entirely a political sop, it’s probably a good political sop, alas. I’m sure the proposal will be very well received in ridings the Liberals would like to hold or flip. But it’s still a stupid policy, even if it’s popular. The Liberals are proposing to spend tons of money on this. They estimate hundreds of millions, but recall that the long-gun registry came in about 1,500 times overbudget. And all to “ban” some of the rifles used by a segment of the population — licenced and screened gun owners — that’s been found to be the several times less likely to commit murder than those without licences.

Fixing the US federal election mechanism to prevent errors or fraud from distorting the results

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

Down south, our American neighbours held a federal election at the beginning of November. Ignoring the Associated Press trying to annoint the winner, we still don’t legally know who won and the tallies in several states are still being challenged. This is an embarassing situation for the “leaders of the free world” and common sense changes to the way the vote is conducted seem to be the best way to ensure that the results are known quickly and that the results will fairly represent the way the voters chose to exercise their franchise. At Steyn Online, Tal Bachman has a fairly concrete set of suggestions that would be a significant improvement over the system in place today:

“Polling Place Vote Here” by Scott Beale is licensed under CC BY-NC-ND 2.0

First, it’s run by a single-purpose, rigorously impartial, devoutly transparent federal entity overseeing federal elections (about which more below).

Yes, I know we’re all sick of the federal Leviathan. I know it already has far too much power. It’s just that in this case, we don’t have much choice, do we? We’re going on well over a century of chronic Democrat Party presidential vote-rigging; and it appears they just ran one of their classic tricks again just a few weeks ago. At some point, pro-America voters have to stop making excuses for why they shouldn’t try solutions to these nation-destroying problems, and just try them.

Yes, I know this would require a constitutional amendment. But let’s assume for now we could get one of those passed.

Second: The new federal entity — let’s call it Elections USA — would then divide the nation into voting districts of equal size for purposes of federal election (that could occur within pre-existing congressional districts). Elections USA would then further subdivide the voting districts into smaller units. Working with the postal service, Elections USA would then draw up a list of voters in each unit, and designate a voting station for residents of that particular unit.

Third: In preparation for election day, Elections USA would send out flyers informing households of where to vote. The information would also be made available on the Elections USA website.

Fourth: On election day, voters travel to their designated voting stations: an elementary or high school, a union hall, a community center, whatever.

Each voting station is watched over by police or other security guards.

As voters approach, they join a quick-moving line. At the front, they present two pieces of government issued ID, at least one with a photo. A volunteer finds the voter on her list of voters for that unit. (If they’ve come to the wrong polling station, they are redirected to the right polling station).

The voter then approaches the voting station in a large, open room, where another volunteer hands him a paper ballot. Picking up the provided pencil, he marks the ballot behind a screen, folds the ballot, and drops into the voting box in full view of the poll clerk and attendant witnesses sitting a few feet away—typically, a few volunteers from political parties who act as “scrutineers”, or official observers and verifiers. The voter then leaves. The entire process never takes more than fifteen minutes.

Once polls close, no one is allowed to enter or leave the premises until the vote count is completed.

The poll clerk — still in full view of the scrutineers — dumps the ballots on to a table and sorts them into piles according to the candidate/party voted for. She then counts the votes for each, showing them to the scrutineers as she goes. Once the votes are counted, a supervisor is called over to the table. After verifying that the scrutineers are satisfied with the counting, and resolving any lingering concerns, the supervisor signs off on the count, and the ballots are immediately placed in a special, sealed envelope. The sealed envelope is then stamped, and cannot be opened without subsequent detection.

The ballot count numbers are then phoned into Elections USA, right then and there, again in view of the scrutineers, who verify that the numbers called in match the numbers they witnessed during the count.

Once all the numbers are called in to Elections USA — a process which never takes more than two hours — the supervisor then physically transports the sealed envelopes (each marked with information like Voting Desk #4 at Poll Station #15) to the Elections USA depot, where she hands them over.

“2019 Canadian federal election – VOTE” by Indrid__Cold is licensed under CC BY-SA 2.0

The sealed envelopes are then transported to Elections USA employees, who will then verify, and eventually formally certify, that all the numbers called in from each desk of each polling station of each voting district in the country matches the number of actual ballots. In the unlikely event any question arises about accuracy, the ballots can be accessed and counted again.

In a simple process like this, the media will have accurate election results within two hours of the polls closing, and there is virtually no opportunity for fraud. I can attest to that, because I myself have witnessed this exact process in real life quite a few times, and am friendly with several people who volunteer as election workers on election days. What I described is how elections are conducted in Canada, but not only in Canada: an identical or similar process is used in most other English-speaking countries. A few simple security protocols — not least of which is, no computerized voting machines — and your election is as fraud-proof as this mortal realm would ever allow.

When you compare this typical voting procedure to the morass of conflicting voting regulations representing fifty states, many of which — incredibly — do not even require that the voter present identification before voting, and which are being manipulated by the very state party hacks tasked with preventing fraud, you begin to see just how desperately America needs electoral reform. Credible stories of poll watchers being denied access, for example, in any normal country, would be regarded as completely unacceptable, to the point where the votes in that area would be likely thrown out as a matter of course. And yet, that type of chicanery is now so common in the United States, most people take for granted it goes on. That’s how far the window of acceptable behavior has moved.

November 22, 2020

Douglas Murray’s Bosie: The Tragic Life of Lord Alfred Douglas

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

Melanie McDonagh reviews the re-released early work by Douglas Murray:

It would probably have been better for Lord Alfred Douglas to have died young. Had he died when he was still beautiful and youthful looking, he would have remained forever the gilded youth Oscar Wilde loved. That golden Alfred Douglas survives in the famous photograph on the front of Douglas Murray’s book, with Wilde sitting near Bosie, his arm extended behind the boy with something like possessiveness. Instead the boy survived until 1945, worn, lonely and poverty-stricken, his looks withered, his nose pinched, contemptuous of modernity, but still with a redemptive, blistering integrity.

Twenty years after it was first written, Douglas Murray has reissued his fine biography of Bosie: his first book, written in his gap year before he went to Oxford. Looking back now on his precocious work, he thinks he overdid a little his enthusiasm for Douglas’s poetry, understated his toxic anti-Semitism and didn’t quite do justice to the pederastic element of his early sexuality – as Bosie preferred to put it, his tastes were for youth and softness. In practice this could mean 14-year-old boys, even younger, at a time when he and Wilde had reunited following Wilde’s release from prison. Actually, I think Murray’s original estimate of Alfred Douglas’s sonnets was absolutely right; they vary in quality, but as he said, at their best they equalled the poets he most venerated.

Trouble is, not many people think of Alfred Douglas as a poet, even though they might unknowingly quote perhaps his most famous line, about the love that dares not speak its name. But there were literary critics in his own day who compared him to Shakespeare as a writer of sonnets. Remarkably he has fallen almost entirely off the literary radar now, known only as a player in Wilde’s drama, and it is a pity that the success of this biography hasn’t changed that.

One of the services Douglas Murray performs in his biography is simply to reproduce some of his finest verses so we can judge it for ourselves. Indeed, while writing the book he managed to persuade the Home Office to release the copybook in which Alfred Douglas wrote his prison verses, In Excelsis, which the authorities refused to do in his lifetime.

Even in his own time, most people thought of him as the lover of Oscar Wilde, a byword for a bugger, the boy who brought about Wilde’s destruction through the vengeful malice of his unbalanced father. That perception was powerfully reinforced by Wilde’s terrible letter written from prison, De Profundis, in which he empties his bitterness against the youth he loved in an outpouring of emotion which was in many respects unjust and untrue, especially about Bosie’s financial support for Wilde. Fatally, the letter was never given to him by Robert Ross, Wilde’s friend, and only released in full during a devastating court case.

November 21, 2020

About that “Canadian content crisis” the feds are trying to “fix” with Bill C-10

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

Michael Geist begins a series of posts on the ongoing blunder that is the federal government’s “get money from the web giants” proposed legislation:

Canadian Heritage Minister Steven Guilbeault, 3 February 2020.
Screencapure from CPAC video.

Canadian Heritage Minister Steven Guilbeault rose in the House of Commons yesterday for the second reading of Bill C-10, his Internet regulation bill that reforms the Broadcasting Act. Guilbeault told the House that the bill would level the playing field, that it would establish a high revenue threshold before applying to Internet streamers, would not impact consumer choice, or raise consumer costs. He argued that even if you don’t believe in cultural sovereignty, you should still support his bill for the economic benefits it will bring, warning that Canadian producers will miss out on a billion dollars by 2023 if the legislation isn’t enacted. He painted a picture of Internet companies (invariably called “web giants”) that have millions of Canadian subscribers but do not contribute to the Canadian economy.

Guilbeault is wrong. He is wrong in his description of the bill (it does not contain thresholds), wrong about its impact on consumers (it is virtually certain to both decrease choice and increase costs), wrong about the contributions of Internet streamers (who have been described as the biggest contributor to Canadian production), wrong about level playing field claims (incumbent broadcasters enjoy a host of regulatory benefits not enjoyed by streamers), wrong about the economic impact of the bill (it is likely to decrease investment in the short term), and wrong about cultural sovereignty (it surrenders cultural sovereignty rather than protect it).

With the bill starting its Parliamentary review, this is the first in a new series of posts on why a careful examination of the data and the bill itself reveals multiple blunders. There are good arguments for addressing the sector, including tax reform, privacy upgrades, and competition law enforcement. There are also benefits to updating the Broadcasting Act, but in an effort to cater to a handful of vocal lobby groups over the interests of the broader Canadian public, Guilbeault’s bill will cause more harm than good. The series will run each weekday for the next month, first addressing the weak policy foundation that underlies Bill C-10, then a series a posts on the uncertainty the bill creates, a review of the trade threats it invites, and an assessment of its likely impact on consumers and the broader public.

The series begins with a post on the fictional Canadian content “crisis.” Canadians can be forgiven for thinking that the shift to digital and Internet streaming services has created a crisis on creating Canadian content. Canadian cultural lobby groups regularly claim that there is one (Artisti, CDCE) and Guilbeault tells the House of Commons that billions of dollars for the sector is at risk. Yet the reality is that spending on film and television production in Canada is at record highs. This includes both certified Canadian content and so-called foreign location and service production in which the production takes place in Canada (thereby facilitating significant economic benefits) but does not meet the narrow criteria to qualify as “Canadian.” I have written before about the need to revisit the Canadian content qualification rules which enable productions with little connection to Canada to receive certification and some that directly meet the goal of “telling Canadian stories” that fail to do so.

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