Quotulatiousness

September 19, 2024

We’re approaching Halloween … expect the offensensitive inquisition!

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

Andrew Doyle with a timely reminder that Brits can — and have been — arrested, prosecuted, and (potentially) even imprisoned for wearing “offensive” Halloween costumes, and it’s likely to get worse:

The novelist Simon Raven once received a telegram from his wife which read: “Wife and baby starving send money soonest”. He replied: “Sorry no money suggest eat baby”. At the risk of sounding callous, I must admit that my first reaction on reading this was to laugh. It was involuntary, like the best of laughter. The reader should rest assured that this does not mean that I in any way approve of cannibalism and infanticide.

There is a brand of humour which relies on its sheer inappropriateness. It’s why we can find ourselves laughing during funerals or other solemn occasions. The social responsibility to take the matter seriously nags at our senses and dares us to rebel. John Cleese understood this all too well when he delivered the eulogy at Graham Chapman’s funeral and noted that his deceased friend would obviously have liked him to say: “Good riddance to him, the freeloading bastard. I hope he fries.”

The same principle applies, albeit in a cruder manner, to the convention of Halloween costumes that are intended to shock. It might seem puerile, but rather than donning the costume of a ghost or a vampire, many partygoers now celebrate this season of horror by dressing up as the most appalling human beings in history, such as Adolf Hitler, Myra Hindley, or Jedward.

The “gross out” is the whole point. The more outrageous the better, and the guest who displays the worst taste sometimes wins a prize. This is precisely what happened to David Wootton, who dressed as an Islamic terrorist, complete with Arabic headdress, and a t-shirt bearing the words “I love Ariana Grande”. To top it all, he carried a rucksack with “TNT” and “boom” written on it. This was in reference of course to the horrendous terrorist attack at an Ariana Grande concert at Manchester Arena in 2017 that killed twenty-two people, including many children, and injured a further thousand.

Bad taste? Offensive? Juvenile? I would agree with all of these assessments. But the partygoers understood the rules of the game, and Wootton later claimed to have been awarded the prize for Best Costume. Once his image was posted online, however, it became a police matter, and he was quickly arrested. He pleaded guilty and now faces up to two years in prison. He has also relocated and changed his name.

I have complete sympathy for anyone who found the images upsetting, grotesque, and not remotely funny. Nobody worth knowing would deny that the terrorist had committed an unforgivable crime. I find it particularly shocking that so many of us seemed to forget all about it with ease, as though we should accept that this kind of atrocity is simply an occasional aspect of living in modern Britain. Personally, I find this far more offensive than any tasteless Halloween costume.

September 10, 2024

QotD: Contempt of court

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

It’s a funny thing — or not — but due to the sad state of prison security in this country, a judge can essentially threaten a person with rape and severe beatings. How about that? One more reason to live clean and avoid making waves.

Steve H., “Was I Wrong About Cooper? Don’t Think So”, Hog On Ice, 2005-07-06.

September 3, 2024

Second Amendment case involving switchblades in Massachusetts

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

J.D. Tuccille summarizes a (surprising) court decision in Massachusetts which struck down a state law banning switchblade knives:

“IMGA0174_tijuana” by gregor_y is licensed under CC BY-SA 2.0 .

The Second Amendment to the United States Constitution undisputedly protects the individual right to own and carry firearms for self-defense, sport, and other uses. But the amendment actually says nothing about guns; it refers to “the right of the people to keep and bear Arms”, of which firearms are just one example of what dictionaries define as “a means (such as a weapon) of offense or defense”. In Massachusetts, last week, that resulted in a decision by the state’s highest court striking down a law against switchblade knives.

Protected by the Second Amendment

“We conclude switchblades are not ‘dangerous and unusual’ weapons falling outside the protection of the Second Amendment,” wrote Justice Serge Georges Jr. for the court in an opinion in Commonwealth v. Canjura that drew heavily on two landmark U.S. Supreme Court cases: Bruen (2022) and Heller (2008). The decision found the state’s ban on switchblade knives unconstitutional and dismissed charges against the defendant.

The case involved a 2020 dispute between David E. Canjura and his girlfriend, during which Boston police officers found a switchblade knife on Canjura while searching him. As is often noted, “everything is illegal in Massachusetts” and “a switch knife, or any knife having an automatic spring release device” is only one of a long list of weapons proscribed under state law. Canjura was accordingly charged.

Such absolute prohibitions on arms aren’t permitted in the wake of the Heller decision, so Canjura and his public defender, Kaitlyn Gerber, challenged the ban on switchblades, citing the federal decisions. They also relied on Jorge Ramirez v. Commonwealth (2018) in which the Massachusetts Supreme Judicial Court overturned a similar prohibition on stun guns on Second Amendment grounds.

“We now conclude that stun guns are ‘arms’ within the protection of the Second Amendment. Therefore, under the Second Amendment, the possession of stun guns may be regulated, but not absolutely banned,” the court found in that case.

Canjura required similar analysis based on the same earlier decisions, this time with Ramirez in the mix.

The Second Amendment Protects All “Bearable Arms”

Citing Heller, Justice Georges pointed out, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding”. Importantly, though, knives and other bladed weapons have a long history, extending back well before the birth of the country.

“A review of the history of the American colonies reveals that knives were ubiquitous among colonists, who used them to defend their lives, obtain or produce food, and fashion articles from raw materials,” commented Georges. Folding knives, in particular, grew in popularity to the point they became “almost universal”. The court saw no significant difference between the many types of folding knives used over the centuries and spring-assisted varieties developed somewhat more recently, finding “the most apt historical analogue of a modern-day switchblade is the folding pocketknife”.

August 31, 2024

Britain’s police double down on “non-crime hate incidents” as a tool of repression

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

Andrew Doyle admits he was over-optimistic by predicting that the British police forces’ use of “non-crime hate incidents” — after court judgments and Home Office instructions to stop using them — would not last for much longer. That was in 2022:

“Metropolitan Police London England” by William Mewes is marked with CC0 1.0 .

I have a tendency to be over-optimistic. In my 2022 book The New Puritans, I wrote about “non-crime hate incidents” and how they were still being recorded by police, in spite of the Court of Appeal’s ruling that they were “plainly an interference with freedom of expression” and direct instructions from the Home Office that the police must stop this illiberal and unethical practice. However, I concluded that ultimately “it seems unlikely that ‘non-crime hate incidents’ will last for much longer”.

Of course I was wrong, because I had not counted on just how authoritarian a new Labour government might be. It was bad enough that the Education Secretary Bridget Phillipson scotched the Higher Education (Freedom of Speech) Act just one day before parliament went into recess — presumably to avoid having to debate the matter — but now the Home Secretary Yvette Cooper has reversed the Conservatives’ pledge to limit the recording of “non-crime”. Labour is bringing back this absurd policy, and has convinced itself that this is somehow a progressive measure.

It should go without saying that the police have no business recording “non-crime”, particularly when such records are based on accusations alone (that is to say, the “perception” of the “victim” is what counts, rather than actual evidence of hatred). The Tory government should have eliminated the entire practice in its entirety, but instead decided that such “incidents” ought to stay on record if there was a “real risk of escalation causing significant harm or a criminal offence”. The science fiction writer Philip K. Dick had a phrase for this: “pre-crime”.

So let’s leave aside the woefully inadequate restrictions put in place by the Tories. Let’s also leave aside the obvious point that hatred, along with all other emotions, will never be eradicated through legislation and that the state is wasting its time trying to alter human nature. Let’s focus instead on why the Labour government is so determined to control the speech and thought of its citizens.

How does it help anyone for the name of the schoolboy who accidentally scuffed a copy of the Koran at a school in Wakefield to be on police records? His “non-crime” was duly recorded after the event, but why? Does the government really suppose that this child is one step away from torching a mosque? Even if he had deliberately scuffed the Koran, what has this to do with the police? I don’t much approve of defacing books, but vandalism of one’s own property is a matter for individual conscience.

Of course, Labour will say that the recent riots have proven the necessity for cracking down on the private thoughts of citizens. In truth, these acts of violence are being exploited to justify further authoritarian policies. We have seen how quick our politicians are to seize upon these moments to advance their own goals. The murder of Sir David Amess had precisely nothing to do with social media, and yet politicians immediately began to argue that his death was evidence of the need to curb free speech online. This was grotesque opportunism from a political class that does not trust the public.

August 29, 2024

How activists used lawfare to force the Boy Scouts to go woke (and then go broke)

Filed under: Law, Liberty, Media, Politics, USA — Tags: , , , , — Nicholas @ 04:00

A guest post from Cole Noble at Postcards From Barsoom discusses how progressive organizations and political activists have managed an immense take-over of the great outdoors, not least of which were the legal and political efforts to force the Boy Scouts of America to accept gay scouts and scout masters:

[…] This entertainment ecosystem, increasingly infested with culture warriors, also started chipping away at the longstanding prestige of organizations like the BSA [Boy Scouts of America]. Depicting someone as a scout became a kind of character development shorthand, signalling them as uncool.

The targeting wasn’t incidental; the existence of the pre-centennial BSA was a serious problem for the ruling class. Their organization’s commitment to values-based conservation served as living proof that going along with society’s adoption of critical theory was completely optional. If the BSA was free to refuse the push, others might start getting ideas.

Lawfare was inevitable.

In 2000, the United States Supreme Court heard Boy Scouts of America v. Dale. In one corner you had James Dale, an avowed gay rights activist, co-president of the Rutgers University Lesbian/Gay Alliance, and outspoken advocate for gay teens having gay role models. In the other, you had the BSA, who didn’t want someone like Dale around its young, impressionable members.

The BSA won, but there was blood in the water. Culture warriors circled back around, this time employing social pressure. They tried to make their demand sound as reasonable as possible: drop the policy against openly gay members. Just one teeny tiny rule. What’s the point anyway? It’s outdated. No real sense keeping it, right?

Smart members of the program clocked this Trojan Horse from miles away. Alas, the organization’s leadership did not. Possessing both the physique and fortitude of rice pudding, they caved, capitulated, and acquiesced some more — agreeing to an ever-escalating series of demands that hollowed out the once-proud group into an empty vessel for The Current Thing(TM).

The Boy Scouts of America is now all-inclusive! Not just to gay scouts and leaders, but girls too. In a show of solidarity with Black Lives Matter after the riots of 2020, a mandatory DEI merit badge has replaced camping as a requirement to attain the once coveted rank of Eagle Scout.

Let’s not forget the Scout Masters now left to deal with teens using the program’s overnight trips as cover for hookups.

Oh, and they went bankrupt.

The organization agreed to a 2.5 billion dollar settlement over tens of thousands of sex abuse cases perpetuated by adult men, against underage boys.

(data compiled from the BSA’s publicly available annual reports)

Rather than bolster ranks, adopting DEI cost the organization more than 1 million members.

The BSA – sorry, Scouting America1 – didn’t publish annual membership reports from 2020 to 2022, I imagine out of embarrassment. During this time, the Mormons, who used Scouting as a youth program for its boys, took their 400,000 members, and their money, and left.

[…]

Scouting was one of, if not the last bastion of quasi-unstructured outdoor activities. While the death of free-range childhood seems to be commonly understood, there is some debate about the precise cause.

Whatever your opinion on the matter, regime journalists shoulder enormous responsibility for eroding societal trust and inspiring mass paranoia through sensational reporting. Former latchkey kids became hysterical helicopter parents, petrified of letting their children out of sight.

Playing outside became a heavily supervised affair, usually relegated to fenced-in backyards with locking gates.

Kids have been robbed of the experiences that could lead them to develop an organic appreciation for outdoor recreation, and groomed into a hypersexualized version of early adulthood. All the while, the institutions which once taught conservation and virtue now serve as apparatuses of critical theory.

    1. They changed their name in May of 2024, after 114 of being the Boy Scouts. Since they’re no long the Boy Scouts, this is at least honest.

Cole’s own Substack is Quandary Magazine, which you should check out if you’re generally interested in the great outdoors.

August 16, 2024

After the Trump livestream, Elon Musk’s been “charged with coercive chuckling, a legal first”

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

Chris Bray has been following the legal sideshow of the United Auto Workers union filing charges with the US National Labour Relations Board (NLRB), alleging that Trump and Musk made threats against organized labour during the recent livestreamed event:

The UAW complaints against Tesla and Trump for President 2024 have been listed on the NLRB website. They really did it, and I got it wrong. The delay in listing the complaints, and the lunacy of the charges, led me to the wrong conclusion. The complaints are real: there are forms with vague and obviously ridiculous complaints on them, and they filed the things.

But they’re still functionally fake, and they’ll die quickly. Anti-Trump organizations have been doing this for years, without success; this is the third complaint filed with the NLRB against Trump campaign organizations.

In the first of those previous cases, the NLRB raised the obvious question about jurisdiction, expressing doubt (“without deciding”) that they can police presidential campaigns using labor law:

The NLRB has previously declined to pursue labor complaints against Trump for President, and the UAW has filed a labor complaint against Trump for President. We can make educated guesses about what happens next. I’ve emailed professors who teach labor law to ask them if the National Labor Relations Act governs the political speech of presidential candidates, but they haven’t responded.

As for the complaint against Tesla, Elon Musk had a livestreamed discussion with Donald Trump in which Trump said that striking workers should be fired; Musk laughed, but didn’t say anything in response. This news report includes audio of that exchange. The complaint alleges that Musk therefore made coercive statements

August 15, 2024

QotD: The bitter fruit of deinstitutionalization

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

In 1963, JFK signed the Community Mental Health Act. Its order to close the state psychiatric hospitals was followed, and hundreds were shuttered; the community mental health centers that were meant to replace them were never built. With far fewer beds for a growing patient population it should not have surprised anyone that the streets gradually filled with the severely ill. But somehow, we were surprised. The state governments were mostly just grateful to save money that had once gone to mental healthcare. The passage of Medicaid two years later deepened the problem. Medicaid’s funding structure presented states with an opportunity to further offload costs, this time onto the federal government. Unfortunately, the private institutions that filled with Medicaid patients were no better than the state facilities that had been closed; often they were worse. And maintaining access to Medicaid funding for such care, in practice, was more complicated and less certain than staying in a state institution. In 1975, the Supreme Court’s O’Connor v. Donaldson decision established a national standard that the mentally ill could only be involuntarily treated if they represented an immediate threat to themselves or others. This completely removed actual medical necessity from the equation, and the standard directly incentivized hospitals to discharge very ill patients, many of whom leave these useless emergency room visits and immediately abuse drugs, self-harm, commit crimes, attack others, or commit suicide. In 1990 the passage of the Americans with Disabilities Act further empowered treatment-resistant patients and created legal incentives that led hospitals to release severely ill people rather than face the burden of litigation. Various state reforms in recent decades have almost uniformly pushed the severely ill out of treatment rather than into it, under the banner of “autonomy”. For sixty years we’ve done everything in our power to make it harder to treat people who badly need care. And here we are.

Freddie deBoer, “We Closed the Institutions That Housed the Severely Mentally Ill and We Made It Dramatically Harder to Compel Them to Receive Care”, Freddie deBoer, 2024-05-14.

August 14, 2024

Premier Doug Ford’s weird plan to hold the justice system to account

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

The problem with Premier Ford’s as-yet-unelaborated plan to collect formal statistics on the products of the criminal justice system is that it’s weird. And Canadians don’t like weird things because something something Donald Trump something something Hitler. Despite that, Colby Cosh thinks it’s a good idea:

Superior Court of Justice building on University Avenue in Toronto (formerly the York County Court House).

… the very idea of addressing a social problem by gathering quantitative information is so un-Canadian as to seem radical and startling. It certainly seemed that way to the lawyers and civil libertarians who freaked out at Ford’s mention of “accountability” for judges who fail to protect the public from criminal predators.

Judicial independence is an axiom of our constitution — but to the degree that judges become policymakers, which is perpetually increasing as they discover creative new applications of the Charter, their lack of oversight by elected legislators and by the voting public is also a serious and obvious problem, purely in principle. It is no wonder the legal guild takes fright at the notion of “accountability” if it is interpreted to mean that judges might be subject to enforceable performance measures or firing by a minister.

But, of course, the word “account” is visible in there, and measurement of a social crisis is necessary to establish that one exists, even if almost everybody believes it to exist. Our courts are the first to castigate a government that makes some legislative change affecting individual rights without an attempt at inquiry into its reasonability and urgency. Ford, in proposing to establish the dimensions of preventable re-offending, is doing exactly what a legislator hoping to reduce crime ought to do: gather numbers. Collect and publish information. And let us specify that we mean publish publish, in an open, dependable, accessible way, with maximum detail.

Frankly, Ford’s announcement seems as much as anything like a reaction to being backed into a corner by an unresponsive Liberal government, which controls bail policy and the content of the Criminal Code, and by judges, whose irrational bail and sentencing decisions flood what’s left of our news media. Provincial politicians are bound to be judged by voters on the perceived prevalence of crime, but about all they can actually do about it is to, well, buy more choppers for the coppers and start collecting local data about revolving-door justice.

Update: Fixed broken link.

July 23, 2024

The next phase of the campaign to replace “Orwellian” with “Trudeaupian”

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

On the Fraser Institute blog, Jake Fuss and Alex Whalen outline the Trudeau government’s latest attempt to drive the word “Orwellian” out of common usage by making “Trudeaupian” the more authoritarian descriptor:

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

This year marks the 75th anniversary of George Orwell’s classic novel 1984 (and it’s been 40 years since the actual year 1984). In the novel, Orwell explains the dangers of totalitarianism by exploring what happens when government exercises extreme levels of control over citizens including censoring and controlling language. While Canada is a relatively free country in 2024, there are aspects of Orwell’s world reflected in government policy today.

The Human Freedom Index, published annually by the Fraser Institute and Cato Institute, defines freedom as a social concept that recognizes the dignity of individuals by the absence of coercive constraint. In a free society, citizens are free to do, say or think almost anything they want, provided it does not infringe on the right of others to do the same.

Canada currently fares relatively well compared to other countries on the Human Freedom Index, placing 13th out of 165 countries. However, our score has dropped six spots on the index since 2008 when Canada recorded its highest ever rank.

This is not surprising given the Trudeau government’s recent efforts to control and manage the free exchange of ideas. The recent Online Streaming Act imposes various content rules on major streaming services such as Netflix, and requirements to extract funds to be redirected toward favoured groups. The Act seemingly seeks to bring the entire Internet under the regulation of a government body.

In another piece of recent legislation, the Online News Act, the government attempted to force certain social media platforms to pay other legacy news outlets for carrying content. In response, the social media platforms chose simply not to allow content from those news providers on their platforms, resulting in a dramatic reduction of Canadians’ access to news.

Now, a new piece of federal legislation — Bill C-63, the Online Harms Act — seeks to control language and grant government power to punish citizens for what the government deems to be unfavourable speech.

The government has sold Bill C-63 as a way to promote the online safety of Canadians, reduce harms, and ensure the operators of social media services are held accountable. In reality, however, the bill is Orwell’s Big Brother concept brought to life, where government controls information and limits free exchange. The legislation seeks to punish citizens not just for what the governments deems as “hate speech” but also grants the state power to bring Canadians before tribunals on suspicion that they might say something hateful in the future. Not surprisingly, many have raised concerns about the constitutionality of the Bill, which will surely be tested in court.

July 20, 2024

QotD: Comparing gun crime in Canada and the United States

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

That may explain the extraordinary amount of sucking up to Canada in this movie [Bowling for Columbine], which, while gratifying to insecure Canucks and self-loathing Americans, may be of less interest to third parties. Moore’s thesis, such as it is, is that America’s murder rate is the consequence not just of the country’s love of guns but of deeper currents of paranoia and fear in the American psyche. To that end, he crosses the Michigan border into Ontario, where one Canadian after another tells him that they don’t lock their doors. The level of guns per capita in Canada is similar to America but the murder rate is much, much lower. Ergo, it must be because Americans are living in fear while Canadians are much more socially progressive.

Whatever, dude. Unlike Moore, I have homes on both sides of the border and it’s the Quebec one I keep locked. By the time you read this, I’ll be in New York, but my home in New Hampshire will be unlocked, and so will my car at the airport, the key in the ignition, so I’ll know where to find it. By contrast, in Quebec it’s illegal to leave your car unlocked, even if you stop for a pee on an ice floe up by Hudson’s Bay. Pace Moore, Canada has vastly lower rates of handgun ownership. Long-gun ownership is much closer, but, statistically, Canadians are slightly more murderous than Americans in this sphere: in the US, there are 1.7 homicides per 100,000 long guns; in Canada, it’s 1.9. So European visitors to North America should be aware they’re more likely to be killed by a homicidal Canadian rifleman than an American one.

On the overall murder rate, if Moore’s interested in “cultural differences”, it seems odd that he should avoid the most obvious one. Alberta Report‘s Colby Cosh, a braver man than I, points out that black Americans are 13 per cent of the US population but commit over half the murders. Once you factor those out, non-black Americans murder at about the same rate as Canadians.

Mark Steyn, “Bowling for Columbine”, Steyn Online, 2002-11-30.

July 12, 2024

The British prison system is over-capacity, and Starmer’s new government has a plan

Filed under: Britain, Government, Law, Politics — Tags: , , , — Nicholas @ 10:05

As Ed West points out, the new Labour government’s plan is to move in a different direction than most Britons were hoping:

“Main gate to the HM Prison Wormwood Scrubs in spring 2013” by Chmee2 is licensed under CC BY-SA 3.0 .

Britain’s prisons are desperately overcrowded and morale among staff at an all-time low, following years of underfunding by the Conservative government and the inability of the state to build new jails against local opposition.

Now the incoming prime minister says that we have too many prisoners, while new prison minister James Timpson believes the British justice system is “addicted to punishment”, stating that only a third of inmates should be in jail.

The justice secretary, meanwhile, is considering “lowering the automatic release point for prisoners to less than 50 per cent through their sentence”. While currently prisoners serve half their sentences, or two-thirds for some sexual, violent or terror-related offences, the government plans to push the automatic release point to 40 per cent of their terms for those serving less than 4 years, benefitting 40,000 inmates — but not necessarily benefitting the rest of us.

This would be a very unwise move. The majority of prisoners are inside for sexual or other violent crimes, and even restricting early releases to those serving under four years would set free some very dangerous individuals, while previous amnesties of this type have led to huge increases in crime.

The idea that Britain “is addicted to punishment” jars with the sentences regularly handed out even for the most horrendous crimes, and the way that incorrigible criminals are allowed to offend again. This is the subject of a Twitter thread which I began six years ago, in order to highlight how the common belief in the punitive state was mistaken.

As an illustration, and bear in mind that their “sentences” are often twice what they actually served, here are a few cases:

A man who killed his wife in 1981, who was released after a few years and went on to strangle a girlfriend 12 years later, was subsequently freed — and ended up killing a third woman.

There was serial rapist Milton Brown, who was sentenced to 21 years for raping three women – one of whom took her own life – and was released early, only to rape again.

Or Joshua Carney, 28, freed on licence from prison and who just five days later brutally raped a mother and her 14-year-old daughter. He was allowed out despite 47 previous convictions, and now having been convicted of “13 charges including rape, attempted rape, actual bodily harm and theft” he is still eligible for parole in 10 years. Doesn’t sound like a country addicted to punishment.

There was John Harding, who treated a woman “like a rag-doll” when he beat and threatened to kill her after she told him she didn’t want a relationship. Despite terrorising his victim, including wrapping a sheet around her neck, and being in breach of a 30-month community order for a number of offences, including assault and threatening to kill another woman, and having other convictions for theft and criminal damage, he received a sentence of 21 months. As a result, in 2023, Harding was free to rape two women. Now convicted of rape, actual bodily harm, false imprisonment, strangulation and threats to kill, his sentence of 15 years means he could be out in 10.

If you believe that criminals only behave that way because of “systemic racism” or “poverty” or some other form of impersonal forces, you’ll likely also believe that punishment therefore serves no useful purpose and be in favour of all sorts of alternatives. At least until you or someone close to you is a victim of violent crime …

July 10, 2024

The four horsemen of cultural collapse

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

Chris Bray provides yet more examples of cultural decay and the collapse of law and order in America’s Trudeaupia, California under the loving care of Justin Trudeau’s spiritual twin, Gavin Newsom:

Today tells you about next year.

In a long history of murder in America, the historian Randolph Roth argued that violence follows other losses of trust and order. The murder rate surges in the face of “four distinct phenomena: political instability; a loss of government legitimacy; a loss of fellow-feeling among members of society caused by racial, religious, or political antagonism; and a loss of faith in the social hierarchy”.

Read that list carefully, because it should sound familiar.

Similarly, the originators of the theory of “broken windows policing” argued that peace and order grow from peace and order; neighborhoods are more likely to be calm when they’re “places where people are confident they can regulate public behavior by informal controls”. Crime follows crime; vandalism, for example, “can occur anywhere once communal barriers — the sense of mutual regard and the obligations of civility — are lowered by actions that seem to signal that ‘no one cares'”. The police commissioner William Bratton famously reduced all categories of crime in New York City subways by assigning officers to arrest turnstile jumpers who entered the system without paying. He sent a signal at the front gates.

“Broken windows” is a much-criticized theory: “He contended that the very notion of ‘disorder’ is subjective and racially fraught”. But the criticisms tend to reduce the complexity of the theory in order to “debunk” it.

Decay communicates. Disorder is a message.

July 5, 2024

“Private property rights? How do they work?” (U of T students, probably)

Filed under: Cancon, Education, Law, Middle East, Politics — Tags: , , , , , — Nicholas @ 04:00

In The Line, Josh Dehaas rounds up the concept of private property rights for the University of Toronto students (and non-student antisemitic fellow occupiers) who have been squatting for Palestinian terrorists on university property for the last while:

University College, University of Toronto, 31 July, 2008.
Photo by “SurlyDuff” via Wikimedia Commons.

After Justice Koehnen delivered his ruling Tuesday ordering the occupiers to dismantle the People’s Circle for Palestine at the University of Toronto, one of the protesters accused the school of hypocrisy.

“It’s quite interesting that a university that claims to practice decolonization is falling back on this claim of private property,” master’s student Sarah Rasikh told a journalist on the day before the students began taking down their tents.

“U of T and the Court more specifically is quite literally telling Indigenous students to leave and get off of their own land,” she added.

Rasikh has a point, sort of.

As someone who did law school relatively recently, I can attest that many university professors are downright hostile to the concept of private property. They commonly claim that all of Canada belongs to Indigenous people and that Indigenous peoples don’t believe in private property. Rather, they believe in “sharing”. Decolonization therefore requires that land be treated communally, or so the theory goes. University administrators who pay lip service to the concept of decolonization shouldn’t be surprised when students try to turn theory into action.

Thankfully the law still protects private property rights. Students who didn’t get taught how that works by their professors ought to give Justice Koehnen’s decision a read.

As Justice Koehnen explained, “in our society we have decided that the owner of property generally gets to decide what happens on the property”.

“If the protesters can take that power for themselves by seizing Front Campus, there is nothing to stop a stronger group from coming and taking the space over from the current protesters,” he went on. “That leads to chaos. Society needs an orderly way of addressing competing demands on space. The system we have agreed to is that the owner gets to decide how to use the space.”

“If it is not the owner who gets to determine what happens on the property it will become a brutal free-for-all,” Justice Koehnen added.

July 2, 2024

The Chevron decision

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

On his substack, Glenn “Instapundit” Reynolds discusses the recent US Supreme Court decision on “Chevron deference” and how it is going to impact the administrative state (and their business victims) going forward:

Goodbye, Chevron deference. Larry Tribe is already mourning the Supreme Court’s overturning of NRDC v. Chevron, in the Loper Bright and Relentless cases, as a national catastrophe:

Oh, the humanity!

Well, speaking as a professor of Administrative Law, I think I’ll bear up just fine. I’ve spent the last several years telling my students that Chevron was likely to be reversed soon, and I’m capable of revising my syllabus without too much trauma. It’s on a word processor, you know. As for those academics who have built their careers around the intricacies of Chevron deference, well, now they’ll be able to write about what comes next. And if they’re not up to that task, then it was a bad idea to build a career around a single Supreme Court doctrine.

And that wasn’t the only important Supreme Court decision targeting the administrative state, a situation that has pundit Norm Ornstein, predictable voice of the ruling class’s least thoughtful and most reflexive cohort, making Larry Tribe sound calm.

Sure, Norm, whatever you say.

But how about let’s look at what the Court actually did in Chevron, and in the Loper Bright and Relentless cases that overturned it, and in SEC v Jarkesy, where the Court held that agencies can’t replace trial by jury with their own administrative procedures, and in Garland. v. Cargill, where the Court held that agencies can’t rewrite statutes via their own regulations. I don’t think you’ll find the sort of Russian style power grab that Ornstein describes, but rather a return to constitutional government of the sort that he ought to favor.

At root, Chevron v. Natural Resources Defense Council is about deference. Deference is a partial abdication of decisionmaking in favor of someone else. So, for example, when we go out to dinner, I often order what my son-in-law orders, even if something else on the menu sounds appealing. I’ve learned that somehow he always seems to pick the best thing.

Deference doesn’t mean “I’ve heard your argument and I’m persuaded by it”, (though something like that is misleadingly called “Skidmore deference”, but isn’t actually deference at all). Deference means “even if I would have decided this question differently, I’m going to go with your judgment instead”.

Under Chevron deference, when an agency interprets a statute it administers (e.g., the EPA and the Clean Air Act), a court will uphold its interpretation so long as it is (generously assessed) a reasonable one, even if it is not the interpretation the court would have come up with on its own. As you might imagine, this, at least potentially, gives agencies a lot more leeway, particularly when, as is often the case, Congress has drafted the statute ambiguously.

With Chevron overturned, courts will now apply their own judgment instead of deferring to agencies. Of course, this isn’t as big a deal as Larry and Norm seem to think, because Chevron has been dying the death of a thousand cuts for a while. Under the “major questions doctrine”, courts already decline to defer to agency interpretations where the issue has major social or economic ramifications.

June 30, 2024

California’s politics are so weird that Justin Trudeau is frantically taking notes

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

Chris Bray pays attention to California politics … and we should all pray for his long term mental health: that place is insane!

What’s happening in California isn’t politics in any conventional sense. No debate is underway, and no policy choices are being hashed out. We’re in the land beyond. In Our Democracy™, declarations are made, and then they are to be received in a spirit of quiet submission. Your failure to submit is disallowed, and the reason it’s been disallowed is that it’s been disallowed. Were it allowed, it would not be disallowed, but it is, in fact, disallowed, so therefore it is not allowed, you see? All “political” discussion is a circle, eating its own tail. I’ve been trying to figure out how to explain this, but the Sacramento Bee just did it for me. (Paywall-evading version here.)

The Bee is explaining — or “explaining” — what happened on the floor of the state Assembly yesterday, when a Republican was not permitted to argue against a bill, and a Democrat stood up to threaten him for trying. I encourage you to read the whole self-refuting thing. What happened, it turns out, is that the Republican was preventing debate by engaging in debate, which meant that he had to be silenced and threatened so debate could continue, which required that no one express opposing views, which is an act of anti-debate aggression. Debate is agreement, and not agreeing is preventing debate.

The “forced outing” debate was a discussion about AB 1955, which proposes to forbid schools to inform parents of discussions between children and school officials about sexual orientation and sexual behavior. It’s important that parents not be told about sexually themed discussions happening between children and the adults in their schools, because not telling mommy and daddy about sexual discussions is being safe and warm. But watch the casual turn of logic in the last paragraph of this screenshot:

  1. Evan Low said the bill is important because it’s good that parents not be told, and the bill makes sure parents aren’t told.
  2. Sabrina Cervantes said she didn’t have this bill when she was young, which would have forbidden telling, so someone told.
  3. Democrats explained that the bill is not meant to keep secrets from parents.

See, AB 1955 isn’t about keeping secrets from parents — it’s about not allowing schools to tell parents. Not being allowed to tell parents is different than keeping secrets from parents. The story doesn’t go on to explain the distinction between keeping secrets and not telling, but under Jacobin cultural rules, the distinction is that shut up. The distinction is presumptive, and so doesn’t require explanation.

Now, here’s the way the Bee characterizes Assemblyman Bill Essayli’s arguments during the debate that he derailed by not agreeing:

    Essayli has exhibited a consistent pattern of publicly disparaging advocacy groups and fellow lawmakers in an attempt to garner attention for conservative causes. On Thursday, he interrupted colleagues’ testimony and expressed frustration over Wood cutting his microphone and shutting down his comments when they veered away from AB 1955 and toward the issue of forced outing, in general.

His comments about the forced outing bill weren’t about the bill — they were about forced outing. What a bastard! Mister Speaker, he’s not debating the highway funding bill, he’s debating highway funding. Again, why does this distinction make sense? Because shut up. It makes sense declaratively: X is true because they said X.

And Essayli has a “consistent pattern” of saying disparaging things, which the Bee knows through mindreading is a maneuver to “garner attention” rather than an attempt to express his views. He disagreed, which is a very cynical and manipulative thing to do during a debate. He has a pattern of it!

And also Essayli is so rude that he interrupted colleagues when they spoke, and then had the nerve to object when his microphone was turned off. It’s rude to stop someone from speaking, and it’s rude to object to being stopped from speaking. You should never interrupt people, and you should always allow other people to interrupt you. They’re playing partisan Calvinball under the dome, and all moves lose.

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