Quotulatiousness

July 8, 2023

Iowa votes to re-impose child labour in ways that violate federal labour laws

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

Chris Bray covers the breathless excitement of national media covering recent changes to Iowa labour laws:

Suddenly, though, this message is all over social media:

These messages are not exactly false, and not entirely true. They take note of a real development, but strip away all the limits and caveats to fake up the creation of a 21st-century Upton Sinclair novel. But the effects of this successful legislation — this is where it gets complicated.

Start here (or here) with Iowa Senate File 542: signed into law in May, took effect on July 1. A bunch of the first-glance shocking details are more complicated than the outrage-farming Twitter takes suggest: 16 year-olds can serve alcohol in restaurants, with at least two adults to supervise, but not in bars; 15 year-olds can work on assembly lines in school-based work training programs, with parental permission; teenagers can work until 11 p.m. in the summer, but not during the school year. Allowing a 16 year-old coffee shop waitress to bring you a beer strikes me as … not the end of the world?

But all of those details aside, the new Iowa law expands child labor (while ending some earlier measures allowing even younger workers to do a few jobs like migrant farm labor), and will, in fact, put 14 year-olds to work in what will look a great deal like adult settings. So red state legislatures are expanding child labor at the moment they’re banning gender mutila— uh, gender-affirming medical care for teenagers, and making that latter choice on the highly defensible grounds that teenagers lack the maturity to make decisions like that. So a 15 year-old working in a factory lacks the maturity to make adult decisions, is where we end up when we put all of this together.

July 7, 2023

Justin Trudeau says that Canada is merely defending itself from the “attack” by Facebook

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

Prime Minister Justin Trudeau has never faced a situation he couldn’t get histrionic about:

The government escalated the battle over Bill C-18 yesterday, announcing that it was suspending advertising on Meta’s Facebook and Instagram platforms due the company’s decision to comply with the bill by blocking news sharing and its reluctance to engage in further negotiations on the issue. While the ad ban applies to federal government advertising, Liberal party officials confirmed they plan to continue political advertising on the social networks, suggesting that principled opposition ends when there might be a political cost involved. At issue is roughly $11 million in annual advertising by the federal government, a sum that pales in comparison to the Parliamentary Budget Officer’s estimate of at least $100 million in payments in Canada for news links from Meta alone.

In addition to raising the economic cost to Meta for stopping news sharing, Prime Minister Justin Trudeau increased the rhetoric, describing Canada as having been “attacked” by Meta and likening the government’s fight over the bill to defending democracy in Ukraine or during the Second World War [at 13:30]:

    Facebook decided that Canada was a small country, small enough that they could reject our asks. They made the wrong choice by deciding to attack Canada. We want to defend democracy. This is what we’re doing across the world, such as supporting Ukraine. This is what we did during the Second World War. This is what we’re doing every single day in the United Nations.

There are strongly held views on both sides of the Bill C-18 debate, but the suggestion that stopping sharing news links on a social network is in any way comparable to World War 2 is embarrassingly hyperbolic and gives the sense of a government that has lost perspective on the issue. Canadian Heritage Minister Pablo Rodriguez has repeatedly described the manner of compliance with Bill C-18 as a business choice for the Internet companies, yet the Prime Minister now calls that choice an attack on the country.

If it were truly comparable to a world war, then surely the Liberal Party (joined by the NDP) would not continue to advertise on the platform. Yet since the 2021 election call, the party alone has run approximately 11,000 ads on Facebook and Instagram. That is separate from individual MPs, who have also run hundreds of ads. The Meta Ad Library provides ample evidence of how reliant the party has been on social media. For example, since the start of the year, Anna Gainey ran over 500 ads as part of her by-election campaign in Quebec. David Hilderley, who was a candidate in the Oxford by-election, ran approximately 180 ads on Facebook during the same timeframe.

June 26, 2023

America can’t build anything these days and “it’s all Ralph Nader’s fault”

One of the readers of Scott Alexander’s Astral Codex Ten has contributed a review of Public Citizens: The Attack on Big Government and the Remaking of American Liberalism by Paul Sabin. This is one of perhaps a dozen or so anonymous reviews that Scott publishes every year with the readers voting for the best review and the names of the contributors withheld until after the voting is finished:

Today, pundits across the political spectrum bemoan America’s inability to build.

Across the country, NIMBYs and status-quo defenders exploit procedural rules to block new development, giving us a world where it takes longer to get approval for a single new building in San Francisco than it did to build the entire Empire State Building, where so-called “environmental review” is weaponized to block even obviously green initiatives like solar panels, and where new public works projects are completed years late and billions over budget — or, like California’s incredible shrinking high-speed rail, may never be completed at all.

Inevitably, such a complex set of dysfunctions must have an equally complex set of causes. It took us decades to get into this mess, and just as there’s no one simple fix, there’s no one simple inflection point in our history on which we can place all the blame.

But what if there was? What if there was, in fact, a single person we could blame for this entire state of affairs, a patsy from the past at whom we could all point our censorious fingers and shout, “It’s that guy’s fault!”

There is such a person, suggests history professor Paul Sabin in his new book Public Citizens: The Attack on Big Government and the Remaking of American Liberalism. And he isn’t isn’t a mustache-twirling villain — he’s a liberal intellectual. If you know him for anything, it’s probably for being the reason you know what a hanging chad is.

That’s right: it’s all Ralph Nader’s fault.

How’d he do it? By creating what’s now called the public interest movement: a new form of activism through which citizens force change — or, more often, block change — by suing the government. Though it was begun with the best of intentions and achieved some real good along the way, this political innovation led to the constipated governance we all complain about today.

How did a movement launched by an unassuming 30-year-old lawyer become the dominant form of activism in the country, and completely change the way our government operates?

To find out, we have to go back to a time before Ralph Nader had even hit puberty — the era of the New Deal.

[…]

It is the inherent nature of politics that no reform works forever, because the next generation of political entrepreneurs will inevitably discover new ways to bend the process to their will. Eventually, there will always be another Dick Fosbury revealing a way to work the system that no one saw coming.

Still, I do think some of the blame for the way this all panned out can be laid on Nader’s particular personal idiosyncrasies. His ironclad black-and-white view of the world, combined with his near-pathological aversion to dealmaking and compromise, made him uniquely suited to a form of activism that focused on regulatory and legal action rather than coalition-building and electoral politics. Nader was infamously rigid and inflexible, so it’s no surprise that his movement was too. But a less rules-oriented movement might have created fewer of the bureaucratic barriers that have now become a hindrance to progressive action.

Much like the movement whose story it tells, Public Citizens the book is a worthwhile project that nonetheless suffers from significant flaws. The main problem is that it can’t decide if it’s a historical narrative or a work of political theory. As a work of political theory, it doesn’t take nearly a strong enough stand — I’ve made explicit a lot of claims that are only lightly implied in the book. I think we’re making the same argument, but the book makes its argument with such a delicate touch that it’s hard to be 100% sure.

As a historical narrative, Public Citizens has a much simpler problem: it’s boring. The author writes like an academic (which, to be fair, he is), and the book is quite light on colorful details. The uncreative chapter titles (chapter three is called “Creating Public Interest Firms”) give you a taste of what the writing is like. One particularly egregious issue is how little biographical information is provided about Nader, even though the majority of the book is about him. For someone who apparently subscribes to the Great Man theory of history, the author includes surprisingly little information about the Great Men themselves. Any interesting biographical fact you read in this review — even something as basic as the fact that Nader never married—is almost certainly something I found through other sources.

Paradoxically, this book manages to be simultaneously boring and too concise. It’s over in less than 200 generously-spaced pages, and I frequently had to look stuff up on the internet to get a full understanding of what was going on. I get the sense that the author is trying to give this book mass appeal, but come on: anyone who’s willing to read a nerdy book like this is willing to read an additional hundred pages or so. Besides, Robert Caro and Ron Chernow have proven that people will read thousand-page tomes if the story is compelling and the details are juicy.

Basically, my critique of Public Citizens is like that old Catskills joke about the restaurant where the food is terrible — and the portions are too small.

June 25, 2023

British schoolchildren mock their oh-so-woke teachers

Filed under: Britain, Education, Law, Media, USA — Tags: , , , , — Nicholas @ 05:00

In Christopher Gage’s weekly round-up, I discovered that I shared a trait with Ted Kaczynski (“austere anarchist scholar” as US mainstream media might have described him). Not just any trait, but the one that ended up putting him in prison after nearly twenty years of sending bombs through the mail:

Elliot Rodger, Ed Kemper and Ted Kaczynski.
Photos from Quillette.

… Ted insisted on the proper use of the idiom, “You can’t eat your cake and have it, too”. Ted rejected the common and logically fraught version: “You can’t have your cake and eat it, too”. Indeed, you can. You must have your cake if you are to eat your cake. You cannot have your cake once you’ve eaten your cake.

That turn of phrase helped F.B.I agents snare Ted. His sister-in-law read his essay, recognised the writing style, and the peculiar diction, and then grassed him up to the rozzers.

For the record, this may be the only point of agreement I have with that noted austere scholar, although I’ve never read any of his writings to find out.

Another amusing incident involved children taking the Mickey out of ultra-progressive teachers in British schools:

Last week, schoolchildren in Sussex dropped themselves into the soup after suggesting that their fellow classmate is not actually a cat.

Two thirteen-year-old girls at Rye College were told they “should go to a different school” if they didn’t believe that a girl could identify as a cat.

During a “life education” class, the pair said there was “no such thing as agender” and: “If you have a vagina, you’re a girl, and if you have a penis, you’re a boy — that’s it.”

When they queried how someone could identify as a cat, the pair were blasted for questioning their classmate’s identity.

An investigation found children at schools across the land now identify as dinosaurs and horses. Another often dons a cape and demands to be acknowledged as a moon. Another identifies as Bambi.

After the hysteria simmered, it became obvious what was going on here. And it too became obvious that this is a good thing.

Reader, these children are taking the Mickey.

When confronted with obvious nonsense held by their preachy, supposedly superior teachers, these kids cannot resist mocking them to a nub.

After all, if one can identify as whatever one wants then that includes anything one wants. For teenagers primed with mischief, this is just too good a brew not to sup on a daily basis.

And it is a promising sign. Ridicule, the sharp-elbowed sister of truth, is essential to all progress. Clearly, these kids are unafraid to think for themselves and are determined to see that which is beyond their own nose.

Perhaps this is the beginning of the end of what almost everybody knows to be patent nonsense. As history assures us, once something becomes a laughingstock it soon dies of ridicule.

As James Thurber put it, that which cannot withstand laughter is not a good thing.

June 24, 2023

Canada’s Online News Act already impacting news delivery for smaller outlets

Filed under: Business, Cancon, Law, Media — Tags: , , , — Nicholas @ 04:00

A local site I use regularly has already begun to feel the negative effects of the federal government’s Online News Act (aka Bill C-18):

Durham Radio News (DRN) doesn’t normally post editorial content, but when local news is being attacked we refuse to stay silent.

Bill C-18 is now law and will have a very negative impact on local independent newsrooms such as DRN.

The bill forces major tech companies such as Google and Meta to pay news outlets for content.

The vast majority of referrals to our DRN site come from Facebook and Google.

Both platforms have been instrumental in growing our audience.

Despite multiple warnings from Meta and Google that they would block news, the Liberal government proceeded with Bill C-18.

It’s now law and in a statement Meta says news will no longer be available on Facebook and Instagram.

Google is expected to follow suit.

Both tech giants have publicly said they don’t make much money off links to news stories so it doesn’t make financial sense for them to pay news providers.

Prime Minister Justin Trudeau called their threats to remove news a bullying tactic and said it will not work with his government.

It really appears the Liberals thought they were bluffing, we now know they were not.

DRN has been trying to get our voices heard for months on the negative impact this bill would have on our business.

We were drowned out by larger media outlets who would stand to benefit from this bill.

We will not be naming other outlets and we don’t begrudge the financial help they are already receiving.

Meta provides funding through fellowships with some media partners, and it is these outlets that became greedy and were asking for more.

For them it doesn’t matter if they get kicked off social media platforms.

For us it will make a huge impact.

June 20, 2023

“Mendicino is a dead minister walking, and we suspect he knows it”

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

Belated (from me, not from them) section from this weekend’s update from the editors at The Line:

Paul Bernardo and Karla Homolka

Though you may find this hard to believe, based on what’s above, we were paying attention to some other things this week. The Ottawa vortex of ridiculousness continued at its usual clip. The government continues to try and find a defensible position on Paul Bernardo’s prison transfer to a medium-security prison. Alas for Mr. Trudeau, he’s been hit by a double-whammy of bad luck. Bernardo is an emotional trigger point with probably no rival across Canada. And the PM’s point man on this file is the hapless (!) Marco Mendicino, minister of Public Safety.

Let’s be clear: your Line editors are far too Vulcan-like to possess strong feelings about the transfer of Bernardo. We are of the right age to have grown up during the era of the Bernardo rapes, murders and eventual trial. He was the boogeyman of our youth. That being said, the important thing is that he dies miserable and alone behind bars. We aren’t particularly invested in which particular prison this happens. If there was a sensible reason for him to be moved to the Quebec facility, hey, whatever. He can rot in any suitable prison as far as we’re concerned.

The issue here, and it’s ridiculous that we have to spell this out, isn’t the transfer itself. Nor are we calling upon Trudeau or the federal government to become intimately involved in decision-making for prisoners, even high-profile ones. The only thing that turned this into a huge story was the latest peek it gave us into the Trudeau government. We have been confronted with — surprise! — more incompetence and dysfunction.

Mendicino’s staff had been repeatedly told about the pending transfer; no one told the boss. The PMO had been told, too. No one told that boss, either. Why tell the boss? So that they don’t get caught flatfooted by a scandal. This is basic issues management and internal communications, and we’re being shown, yet again, that the government is terrible at this. And, absurdly, Mendicino apparently has some of the best and brightest providing the adult supervision he so clearly needs: veteran political staffers were sent to his office after he beclowned himself during the gun-control fiasco a few months ago.

And this is the problem. We don’t care which cell holds Bernardo as he slides closer to hell. We do care about yet another data point in a pattern that has emerged with this government: they aren’t on top of their files, their offices aren’t well run, ministers aren’t properly briefed, and there seems to be zero accountability anywhere in this process. It was left to the Ottawa Parliamentary Press Gallery to hunt down Mendicino like ravenous cheetahs on a wayward gazelle after Mendicino had promised to brief them, and then no-showed. He also promised to brief them again later on Thursday, and failed to show up that time, too.

We know, we know. It’s hard to believe he’d lie. Marco Mendicino? An incompetent bullshitter? Say it ain’t so.

Mendicino is a dead minister walking, and we suspect he knows it. The government is obviously hell bent on getting to the summer break without sacking the minister, because to sack him, despite his manifest and repeated failings, would be to admit said failings, and this government will never do that. If they can get to the break, they can shuffle him off to the sweet oblivion of an obscure ministry, or even the back benches later on this summer. This is just the latest example of what Line editor Gerson has observed about these guys: tactically smart, but strategically dumb.

And, ahem, call us hopelessly naïve, but maybe the politics isn’t the point here? Canadians ought to have someone in the job of Public Safety minister — kind of an important role, you’ll agree — who is competent and well-supported by excellent staff. Instead we get this shitshow and frantic politicking to avoid handing the opposition a one-day media-cycle victory. It’s a bad look on the government. But it’s nothing we didn’t already know, we guess. They aren’t here to serve Canadians. They’re here to save themselves.

June 19, 2023

Patterns of incompetence

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

In Palladium, Harold Robertson says that complex systems that we all depend on will not have the resilience to survive our society-wide failure of competence:

Graphic for Rhode Island College’s Office of Diversity, Equity and Inclusion.

At a casual glance, the recent cascades of American disasters might seem unrelated. In a span of fewer than six months in 2017, three U.S. Naval warships experienced three separate collisions resulting in 17 deaths. A year later, powerlines owned by PG&E started a wildfire that killed 85 people. The pipeline carrying almost half of the East Coast’s gasoline shut down due to a ransomware attack. Almost half a million intermodal containers sat on cargo ships unable to dock at Los Angeles ports. A train carrying thousands of tons of hazardous and flammable chemicals derailed near East Palestine, Ohio. Air Traffic Control cleared a FedEx plane to land on a runway occupied by a Southwest plane preparing to take off. Eye drops contaminated with antibiotic-resistant bacteria killed four and blinded fourteen.

While disasters like these are often front-page news, the broader connection between the disasters barely elicits any mention. America must be understood as a system of interwoven systems; the healthcare system sends a bill to a patient using the postal system, and that patient uses the mobile phone system to pay the bill with a credit card issued by the banking system. All these systems must be assumed to work for anyone to make even simple decisions. But the failure of one system has cascading consequences for all of the adjacent systems. As a consequence of escalating rates of failure, America’s complex systems are slowly collapsing.

The core issue is that changing political mores have established the systematic promotion of the unqualified and sidelining of the competent. This has continually weakened our society’s ability to manage modern systems. At its inception, it represented a break from the trend of the 1920s to the 1960s, when the direct meritocratic evaluation of competence became the norm across vast swaths of American society.

In the first decades of the twentieth century, the idea that individuals should be systematically evaluated and selected based on their ability rather than wealth, class, or political connections, led to significant changes in selection techniques at all levels of American society. The Scholastic Aptitude Test (SAT) revolutionized college admissions by allowing elite universities to find and recruit talented students from beyond the boarding schools of New England. Following the adoption of the SAT, aptitude tests such as Wonderlic (1936), Graduate Record Examination (1936), Army General Classification Test (1941), and Law School Admission Test (1948) swept the United States. Spurred on by the demands of two world wars, this system of institutional management electrified the Tennessee Valley, created the first atom bomb, invented the transistor, and put a man on the moon.

By the 1960s, the systematic selection for competence came into direct conflict with the political imperatives of the civil rights movement. During the period from 1961 to 1972, a series of Supreme Court rulings, executive orders, and laws — most critically, the Civil Rights Act of 1964 — put meritocracy and the new political imperative of protected-group diversity on a collision course. Administrative law judges have accepted statistically observable disparities in outcomes between groups as prima facie evidence of illegal discrimination. The result has been clear: any time meritocracy and diversity come into direct conflict, diversity must take priority.

The resulting norms have steadily eroded institutional competency, causing America’s complex systems to fail with increasing regularity. In the language of a systems theorist, by decreasing the competency of the actors within the system, formerly stable systems have begun to experience normal accidents at a rate that is faster than the system can adapt. The prognosis is harsh but clear: either selection for competence will return or America will experience devolution to more primitive forms of civilization and loss of geopolitical power.

H/T to Theophilus Chilton for the link.

June 6, 2023

Australia’s “teen smoking rates rose sixfold between 2018 and 2023”

Christopher Snowdon on Australia’s determination to stamp out vaping … even at the cost of vastly increasing the number of tobacco smokers:

More bad news from the supposed world leader in tobacco control. Official figures show that teen smoking rates rose sixfold between 2018 and 2023, from 2% to 12.8%.

It’s been over a decade since Australia introduced plain packaging, a policy that the Southern hemisphere’s wrongest man, Simon Chapman, likened to a vaccine for lung cancer. Australia has had the highest cigarette taxes in the world for ages, the sale of nicotine e-cigarettes has always been illegal, and all they have to show for it is an insanely big black market for both tobacco and e-cigarettes, more children smoking and a whole bunch of people using unregulated vapes. The wowsers just can’t stop winning, can they?

Naturally, this has led to much soul searching among the tobacco control elite who are having to reassess their assumptions in the face of this overwhelming evidence of policy failure.

I’m joking, of course. They are doubling down again.

If you spoke to someone from the reality-based community, they would tell you that children find it easier to access a product when the market is in the hands of illicit traders because illicit traders don’t care who they sell to. They might also point out that the Australian government has gone out of its way to portray vaping as being at least as bad as smoking. School children in Australia are taught that vaping causes brain damage. Public health agencies produce websites that purport to tell people the facts about vaping but actually tell them lies and misleading half-truths.

June 5, 2023

The poster child for truly antisocial behaviour

Filed under: Britain, Law, Media — Tags: , , , , , — Nicholas @ 04:00

Not following the news closely, I don’t think I’d heard of “Mizzy” until perhaps a week or two back, but if he’d tried pulling this kind of behaviour in the US, his career would likely have been a lot shorter and much more violent:

Screen capture from a YouTube video

What’s the big deal about Mizzy? Surely one idiot 18 year old doesn’t merit the full glare of the British media, you may be thinking (at least if you haven’t been paying attention). Certainly the Guardian didn’t seem to think so — lagging two days behind reporting of the story in the Daily Mail, Telegraph, Independent and BBC. We at the Critic were kind enough to point this out and the Guardian have since seen fit to lower themselves to the story — an unhelpful distraction no doubt from more serious stories their exhaustive coverage of Philip Schofield’s departure from British breakfast TV.

One reason to care, is that despite claims to be a mere prankster, Mizzy’s actions are profoundly serious, terrifying to his victims, and suggest an escalating pattern of behaviour that could very plausibly lead to greater crimes. In a series of videos clearly intended to menace his targets, he decided to steal a dog from an old lady, burst into the home of a young family, and, in one truly shocking incident, comes up to a woman alone at night and asks her if she wants to die. It’s obvious, taken together, that these incidents are not pranks taken too far, but deliberate and calculated attempts to terrify and intimidate innocent people, often women, children or the elderly.

Anyone who has been subject to what we often euphemistically call “anti-social behaviour” and middle class columnists like to frame as teenagers with “too little to do” (blame the closed youth centre or something), knows all too well what Mizzy is up to. It’s the local drug addict who always follows you late at night, leering. It’s the teenagers who let their pitbull bark and snarl at you, smirking all the while. It’s the men who sit outside your house drinking, and stare at you as you walk down the road. Men and boys who take pleasure in the fear of others, often to compensate for absences in their own life — a job, a father, a girlfriend, a future. And sometimes the absence has no obvious explanation — there’s just something missing inside, a hole that demands to be filled, an appetite for brutality and cruelty muzzled but not tamed by modern society.

So what’s so special about Mizzy? He’s got a TikTok channel, on which he proudly posts these petty acts of barbarity for the pleasure of his thousands of followers. And this fact tells a story, an important story, about both the present and future of British society.

In the present, it’s a tale of an unpoliced and anti-social public realm; an increasingly familiar and despairing story of police and judicial passivity in the face of open criminality. Under Blair we reclassified petty crime as “anti-social behaviour” and instead of prison, or a suspended sentence and an ankle monitor, judges handed down things along the lines of “you must not be in the East Shield shopping centre after 10pm”. ASBO recipients, having been briefly hauled up, generally swiftly resume their trajectory towards criminality, creating more victims in the process.

Mizzy, having spent months openly terrorising people, was, amidst national attention and outrage, given the successor to the ASBO — a CBO (Criminal Behaviour Order). Shortly after appearing on national TV and complaining that he was the victim of racism, and only two days after receiving his CBO, Mizzy had already breached its terms, having posted yet more videos.

So much for the present — but what does the tiresome tale of narcissism and cruelty tell us about our future? Nothing good. Mizzy has blended street thuggery with online harassment, creating entertainment out of fear and pain. He’s part of a new flamboyant and triumphalist form of bullying and criminality, which finds an enthusiastic audience online.

Joe Baron instantly recognized Mizzy’s type from his own experiences as a teacher:

Piers Morgan is right. Mizzy is a moron. For those of you unfamiliar with the story, “Mizzy” is 18-year-old Bacari-Bronze O’Garro, who attracts followers on TikTok by filming himself engaged in criminal activity. He terrifies families by invading their homes, steals the dogs of elderly women, physically assaults unsuspecting commuters, and threateningly asks random people if they’d like to die.

[…]

As a teacher I recognised him immediately. So many youngsters betray the same peculiarities: entitled, self-satisfied and utterly irresponsible.

Why are these traits so commonplace among our young people? There are several reasons, bad parenting being the most notable. Either through fear or convenience, parents no longer discipline their children. If a teacher attempts to do so, the parents often complain, presumably in a bid to appease their volatile offspring and maintain a quiet life at home.

This month, I had a furious encounter with a parent who could only be described as deranged. My crime: issuing her daughter with a 30-minute detention for forgetting her exercise book. In an earlier incident, another parent physically assaulted a colleague, attempting to strangle him for disciplining his daughter. She had slapped a book out of his hand during classroom changeover. Anxious and stressed, my colleague left the school soon after, and several weeks later, his attacker’s daughter viciously assaulted another pupil, who then needed hospital treatment.

Parents also have to take responsibility for the devastating effects of divorce on their children. Nearly half of all marriages end in failure. That’s a huge number of broken homes and broken children. And it often leads to poor behaviour. Fecklessness begets fecklessness. When will we wake up to this reality and encourage prospective parents to take their vows more seriously? That’s if there is a marriage in the first place. Or even a father present in the home.

Furthermore, adults have surrendered their authority to children. For example, recalcitrant pupils are not effectively disciplined because, contrary to the Christian doctrine of Original Sin, children are now seen as pure, infallible and morally unimpeachable, and adults as iniquitous and corrupting influences. Consequently, a child’s misbehaviour must be the fault of the adult or teacher. In addition, if a child should make a statement concerning an incident, and the statement contradicts his or her teacher’s version of events, the child’s claims must take precedence, even if they’re completely bogus.

May 31, 2023

The War Against The Patriarchy, updated

Filed under: Economics, Education, Government, Health, Law, Media, Politics — Tags: , , , , , , — Nicholas @ 05:00

Janice Fiamengo responds to a recent Joel Kotkin op-ed in the National Post discussing the “war of the sexes” and the long, long string of victories chalked up by the “weaker sex”:

    The war between the sexes has ended, and rather than a co-operative future that could benefit all, it has turned out to be more like a lopsided win for the female side.

So begins Joel Kotkin’s National Post op/ed “Women have won the ‘war between the sexes’, but at what cost?” It is a welcome but disappointing analysis that starts with a show of defiance and ends in quiet desperation. Of course, it’s good to find anyone in a major newspaper willing to cast a less-than-adulatory eye on “The Future [that] is Female” or to write sympathetically about men, and Kotkin, a prolific author on cities and technocracy, proves his good faith on the strength of that opening statement alone. Aside from the wishful thinking of believing feminism to be winding down (was #MeToo a prelude to ceasefire?) or ever having envisioned a co-operative future (he should take a look at Kate Millett’s incendiary “Theory of Sexual Politics“), Kotkin is to be commended for daring to name as a war the decades of post-1960s activism, in which all the decisive victories have been claimed by feminists against men.

Kotkin, however, isn’t able to continue in the take-no-prisoners style he chose for his opening salvo. He is prevented, either by his own prudence, his lack of deep knowledge, or the paper’s editorial insistence, from targeting feminist ideology and policies in the rest of the article. In fact, the article doesn’t name a single piece of debilitating feminist legislation or even make one reference to the many expressions of anti-male contempt that are now deeply embedded in our public culture. The result is a curiously disembodied discussion in which serious social problems linked to male decline are pointed to without any attempt made to say exactly how they came about or how they might be reversed.

The crux of the problem,” Kotkin tells us to start off, “lies in the fact that as women rise, men seem to be falling.” Here we see him start to draw back from the attack, as if afraid to say what he really thinks. His phrasing makes male decline sound like a natural phenomenon, an illustration of the primordial principle of Yin and Yang. Or perhaps it is simply that men, with their allegedly fragile egos and hegemonic masculinity, haven’t been able to compete against all that female ability, once dammed up by the patriarchy, now finally being let loose on the world (though always with calls for more to be done to assist women).

[…]

Kotkin refers to men “left behind” in the economy, but he keeps mum about the decades of affirmative action in higher education and hiring (detailed by Paul Nathanson and Katherine Young in Legalizing Misandry, pp. 81-124) as well as draconian sexual harassment legislation that have made work life unrewarding and often punitive for men.

He stresses the loss of sexual amity and of willingness to marry, but avoids discussing the nightmare of family law that has made marriage or even cohabitation perilous for many men.

The sins of omission do not end there. Perhaps working on the assumption — not without basis — that any discussion of social problems will need to focus on women at least as much as on men, Kotkin proceeds to backtrack on his earlier claim about women’s victory in the sex war, outlining instead a downbeat portrait of women’s troubles. Citing research by Jonathan Haidt, he tells us that adolescent girls have been severely affected by depression and self-harm, that many young women, without reliable men to support them, have had to fend for themselves in a difficult economic climate, and that single mothers, left with few options, are unable to offer stability to their children. It looks as if the decline of men mentioned early in the article has mainly hurt women and their children.

What Kotkin neglects to mention — surely deliberately — is that adolescent boys commit suicide at 4 X the rate of girls, resolving their depression decisively enough that Haidt seems not to have felt the need to account for them; that women are the ones who choose divorce in approximately 70% of cases; and that divorced fathers are too often denied a real role in their children’s lives while being burdened past endurance by exorbitant support payments. In other words, for every sad woman held up for our concern, there is a plurality of equally sad men rendered invisible in the conventional reporting. The staggering statistics on male suicide provide a stark illustration of Kotkin’s initial contention about the casualties of the sex war — yet he leaves these aside, choosing instead to voice the now-obligatory concern about the trans threat to women’s sports.

Perhaps most importantly, Kotkin suggests through his word choice that the data he cites are simply “trends”, occurrences that came about through economic and demographic factors independent of the sex war initially evoked. But they aren’t. They flow directly from a feminist vision in which the family — explicitly understood by feminist leaders to be a source of abuse and oppression — must be transformed and women liberated from reliance on the fathers of their children. Under this vision, a more just and equitable world will be ushered in by women’s superior leadership once they are freed from their unpaid labor in the home and the many sexist barriers that hold them back. That freedom must be aided, according to conventional wisdom, through abundant contraception, unfettered abortion, collectivized child care, no-fault divorce, programs and propaganda to urge men to do more housework, and non-stop encouragement to women — in movies, sit-coms, advertising, articles, and government equity programs — to give up on their men.

May 30, 2023

Ban all the words!

Chris Bray reflects on the historical context of literature bans:

Before the Civil War, Southern states banned abolitionist literature. That ban meant that postmasters (illegally!) searched the mail, seized anti-slavery tracts, and burned them. And it meant that people caught with abolitionist pamphlets faced the likelihood of arrest. The District of Columbia considered a ban, then didn’t pass the thing, but Reuben Crandall was still arrested and tried for seditious libel in 1833 when he was caught with abolitionist literature. He was acquitted, then died of illness from a brutal pre-trial detention. Seizure, destruction, arrest: abolitionist literature was banned.

The Soviet writer Yevgeny Zamyatin wrote a 1924 novel, We, depicting a world in which an all-powerful government minutely controlled every aspect of life for an enervated population, finding as an endpoint for their ideological project a surgery that destroyed the centers of the brain that allowed ordinary people to have will and imagination. The Soviet government banned Zamyatin’s work: They seized and destroyed all known copies, told editors and publishers the author was no longer to allowed to publish, and sent Zamyatin into exile, where he died without ever seeing his own country again. Seizure, destruction, exile: Yevgeny Zamyatin’s work was banned.

During World War I, the federal government banned literature that discouraged military service, including tracts that criticized conscription. Subsequently, “socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude”. They were arrested, convicted, and imprisoned. The Supreme Court upheld the conviction. Anti-conscription literature was banned: It was seized and destroyed, and people caught distributing it were sent to prison.

In 2023, the tedious midwit poet Amanda Gorman posted on Twitter that she was “gutted” — the standard emotion for tedious midwits — to discover that one of her poems had been “banned” by a school in Florida. The news media raced to proclaim that Florida schools are banning books, the leading edge of the Ron DeSantis fascist wave.

As others have already said, Gorman’s boring poem was moved from an elementary school library shelf to a middle school library shelf, without leaving the library

May 28, 2023

Musical copyrights – crazy as they are now – were far worse in history

Filed under: Britain, Economics, Europe, France, History, Law, Media — Tags: , , , , — Nicholas @ 03:00

Ted Gioia outlines just how the concept of musical copyrights produced even more distortions in the past than they do today:

Assignments of copyrights photostat copies by mollyali (CC BY-NC 2.0) https://flic.kr/p/5JbsPE

People tell me it was never this bad before. But they’re wrong. The music copyright situation was even crazier 500 years ago.

The Italians took the lead in this, and it all started with Ottaviano Petrucci gaining a patent from the Venetian Senate for publishing polyphonic music with a printing press back in 1498. Andrea Antico secured a similar privilege from Pope Leo X, which covered the Papal States.

It’s hard to imagine a Pope making decisions on music IP, but that was how the game was played back then. In 1516, Pope Leo actually took away Petrucci’s monopoly on organ music, and gave it to Antico instead. You had to please the pontiff to publish pieces for the pipes.

Over time, this practice spread elsewhere. In a famous case, the composer Lully was granted total control over all operas performed in France. He died a very wealthy man — with five houses in Paris and two in the country. His estate was valued at 800,000 livres—some 500 times the salary of a typical court musician.

But the most extreme case of music copyright comes from Elizabethan England. Here the Queen gave William Byrd and Thomas Tallis a patent covering all music publishing for a period of 21 years. Not only did the two composers secure a monopoly over English music, but they also could prevent retailers or other entrepreneurs in the country from selling “songs made and printed in any foreign country.”

If anybody violated this patent, the fine was 40 shillings. And the music itself was seized and given to Tallis and Byrd. They probably had quite a nice private library of scores by the time the patent expired.

But that’s not all. Byrd and Tallis’s stranglehold on music was so extreme it even covered the printing of blank music paper. That meant that other composers had to pay Tallis and Byrd even before they had written down a single note. Not even the Marvin Gaye estate makes those kinds of demands.

Tallis died a decade after the patent was granted—putting Byrd in sole charge of English music. I’d like to tell you that he exercised his monopoly with a fair and open mind—especially because I so greatly esteem Byrd’s music, and also I’d like to think that composers are better at arts management than profit-driven businesses. But the flourishing of music publishing in England after the expiration of the patent — when, for a brief spell, anybody could issue scores — makes clear that Byrd did more to constrain than empower other composers.

May 16, 2023

Hope for sensible reform to US Civil Asset Forfeiture?

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

J.D. Tuccille on the latest bipartisan attempt to at least somewhat rein in the Civil Asset Forfeiture abuse allowed under current rules:

Years after “civil asset forfeiture” became synonymous in many minds with legalized theft, the practice of seizing money and property merely suspected of a connection to a crime remains a boil on the ass of American jurisprudence. Now, in a rare demonstration of cooperation across political divides, Democratic and Republican lawmakers have joined together to introduce legislation to reform the practice of civil forfeiture at the federal level. They are supported by a coalition of organizations that put aside ideological differences in an attempt to curb the dangerous practice. As encouraging as the bill’s prospects appear, that this is not the first attempt to pass this legislation underlines the challenge of correcting government abuses.

“Today, U.S. Representatives Tim Walberg (R-MI) and Jamie Raskin (D-MD) reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation’s civil asset forfeiture laws,” the two lawmakers announced in March. “The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight.”

The FAIR Act sets a higher bar for seizing private property, but still allows for civil forfeiture in the absence of a criminal conviction. The legislation requires:

“If the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that … there was a substantial connection between the property and the offense; and the owner of any interest in the seized property — (i) used the property with intent to facilitate the offense; or knowingly consented or was willfully blind to the use of the property by another in connection with the offense.”

The bill requires that seizures be conducted in court rather than through administrative processes and also guarantees legal representation for federal forfeiture targets.

The FAIR Act isn’t a perfect bill. Many reformers will object that forfeiture should require the criminal conviction of the person whose money and property is being taken. Draining somebody’s bank account and nabbing their car keys may not be as dramatic as throwing them in a prison cell, but it’s a harsh punishment all the same and should require full due process. Still, some improvement is better than none for a practice that has largely served as an exercise in legalized highway robbery.

May 14, 2023

Garbage data informs the Canadian government’s approach to gun control issues

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

In The Line, Tim Thurley points out the (totally expected) bias of the data being considered by the federal government:

A selection of weapons (mostly restricted or prohibited in the hands of most Canadians) displayed by Toronto police after confiscation.
Screencap from a CTV News report in 2018.

The Mass Casualty Commission’s firearm recommendations were, rightly, overlooked in the initial phase after the report’s release. They have become relevant these past weeks as gun control groups, the NDP, the Bloc, and the Liberals used them to advocate for sweeping changes to Bill C-21, the government’s controversial gun-control proposals. The Liberals have thus far declined to adopt the MCC’s recommendations, at least in whole, and that’s encouraging. Our lawmakers should be careful. The Mass Casualty Commission’s concluding recommendations on guns and homicide share a problem common to any data analysis. If you use the wrong data, you get a bad output.

Or, to be blunt: garbage in, garbage out.

R. Blake Brown, a professor who contributed a commissioned report to the MCC, suggested that the MCC got all the best research together and simply found the arguments made by gun control groups to be more convincing.

He’s wrong. While the MCC could have been a completely neutral panel objectively weighing the evidence before it, the nakedly selective choice of data inputs and slanted interpretation meant that no unbiased outcome was possible. Indeed, the MCC inputs seem heavily weighed to advance a pro-control agenda, and do so in such an obvious way that the resulting flaws should be immediately clear to those with even a passing knowledge of the study of firearms and firearm homicide.

[…]

Dr. Caillin Langmann is a well-known name in Canadian firearms research, and by far the most prolific author using rigorous statistical methods to examine the effects of gun control on Canadian firearm mortality. No serious analysis of Canadian firearm mortality is possible without his work, and yet his work does not appear on its own and is not cited in the Negin Report. Indeed, his and other critical research does not seem to have informed the final Commission report or recommendations at all.

I asked Dr. Langmann about his exclusion. He told me he offered to appear to present his research but the Commission declined.

It may not be a coincidence that the exclusion of Langmann and other researchers without explicit gun-control agendas was due to the fact — the fact — that the Canadian and comparable research substantively contradicts the Negin Report and the MCC recommendations on firearms. An examination of already-implemented Canadian gun laws including various factors such as prohibition of “paramilitary style” rifles and magazine capacity restrictions all found no impact on mass shootings or mass homicide overall in Canada or on associated fatalities. Instead, mass homicide by both firearm and non-firearm causes gradually declined on its own. The lack of association between gun control and decreased mortality is replicated multiple times in Canadian research.

Guess what? It is also replicated in a detailed statistical analysis of Australian data not mentioned by the Negin Report.

The core research inputs to the Mass Casualty Commission were commissioned from parties with well-established and acknowledged positions on firearms. Written by literal gun control advocates without substantial input from other sources, the contrary research is either ignored or not treated with due academic respect. This damages the credibility of the Commission findings, giving the perception that they were gathering conclusions in search of evidence.

Again, it must be made clear that this wouldn’t have been a problem if the MCC had treated the Negin Report as just one part of the firearm policy research puzzle. It was their failure to do so and the consequent lack of neutrality, lack of engagement with solid research, and complete disregard for engagement with different academic perspectives despite obvious relevant expertise, that taints the Mass Casualty Commission firearm recommendations and severely limits any useful policy conclusions we can gather from their report.

May 10, 2023

QotD: The Deadly Force Paradigm

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

CAN – do I possess (to a reasonable certainty) the necessary equipment, skills, and mindset to accomplish the task (i.e., WIN)? This element should be addressed objectively, long before the moment-of-decision presents. Common sense in “equipment” selection, and repeated training and practice are essential. Being physically fit is definitely part of this element. Have you done all you can to be truly prepared to respond in a deadly force encounter? By the way, which is paramount — equipment, skill, or mindset? Always?

MAY – is the use of deadly force within the law (and in policy for the sworn acting in official capacity and/or within the scope of employment)? This element is also addressed objectively, long before the moment-of-decision presents. There are good books and lectures around for general information, and some for state specific analysis. The latter is very, very important. The legal concepts are not always the same for the LEO and non-sworn. When deadly force is used other than in defense of self, the legal issues become more complicated. Have you considered the legal and moral imperatives for having less-lethal equipment and skills? What about advance decision-making for the “aftermath”?

SHOULD – are the “rewards” significantly greater than the “risks”? Everything you are/have and ever will be/have are at stake. This element introduces subjectivity. Many firearms and “personal defense” trainers include this topic (one way or another) in their preset curriculum or address it by responding to questions and hypothetical scenarios. That’s fine, but their analysis cannot definitively answer much for you — you must have thought about and through “it” in advance. I stray away from providing others guidance on the SHOULD, other than to, in somewhat knee-jerk fashion, say sheepishly, “mind your own business”. But, I will note I am not the arbiter of what “your business” is, you are. Except, when something else is in play … or maybe not. Bottom line: It is your gunfight, your life, your future, etc., not the trainer’s. No matter how you stack up on the CAN, success in a deadly force encounter often includes some luck. A well-executed spin of the wheel can still produce varied results. Maybe it’s just a “crap shoot?”

MUST – will you or someone you cannot live without die or suffer great bodily injury unless deadly force is applied? This element calls for application of objective and subjective reasoning, grounded in your knowledge bases of the CAN and MAY. You will be second guessed … by those who were not present and have not had a similar experience. Does that really matter? Pardon me for asking, but do you know what constitutes great bodily harm and what “weapons” can cause it? The applicable legal definition of deadly force?

What about the interrelationship of the elements? Something well north of most of the time, a green light on the CAN and MAY doesn’t compel a green on the SHOULD. (Never lose perspective, especially just because there is a stand your ground law applicable). Similarly, a green on the MAY and SHOULD doesn’t mean the MUST is invoked. There are alternatives to the use of deadly force: Avoidance, disengagement, de-escalation, non-deadly force. Does it “go without saying” that noble intention, green lights on the MAY and SHOULD, and application of the MUST, may not matter a whit if you don’t possess the CAN?

Steven Harris, “The Deadly Force Paradigm Revisited: Can – May – Should – Must”, Modern Service Weapons, 2015-04-28.

« Newer PostsOlder Posts »

Powered by WordPress