In an attempt to put down “racism”, the concept of “hate terms” was introduced into English law for the first time. This makes many words and expressions unlawful, and punishable by fines and imprisonment. It is the most comprehensive system of censorship since the days of Hitler’s Germany and Stalin’s Russia, and means there are more restrictions on freedom of expression in England than at any other time since Hogarth’s days.
It is, of course, fatal to humour, if enforced and persisted in. For one vital quality of humour is inequality, and striking visual, aural, and physical differences. Differences in sex, age, colour, race, religion, physical ability, and strength lie at the source of the majority of jokes since the beginning of human self-consciousness. And all jokes are likely to provoke discomfort if not positive misery among those laughed at. Hence any joke is liable to fall foul of those laws. The future for humourists thus looks bleak, at the time I write this. The ordinary people like jokes, often crude ones, as George Orwell pointed out in his perceptive essay on rude seaside picture postcards. But are ordinary people, as opposed to minor officials, in charge any more? Democracy doesn’t really seem to work, and people are insufficiently dismayed at its impotence.
Paul Johnson, Humourists: From Hogarth to Noël Coward, 2010.
November 7, 2020
QotD: “Hate speech”
November 2, 2020
Hammurabi & the First Babylonian Empire
History Time
Published 19 Feb 2018A brief look at Hammurabi, the most famous king of the Old Babylonian Empire (1830 – 1531 BC)
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October 15, 2020
DicKtionary – L is for Lawman – Tom Horn
TimeGhost History
Published 14 Oct 2020Morally ambiguous guns for hire are a fantasy of old Western films, right? Well not in the case of Tom Horn! A lawman, a cowboy, a soldier, and ultimately: a dick.
Join us on Patreon: https://www.patreon.com/TimeGhostHistory
Written and Hosted by Indy Neidell
Director: Astrid Deinhard
Producers: Astrid Deinhard and Spartacus Olsson
Executive Producers: Astrid Deinhard, Indy Neidell, Spartacus Olsson, Bodo Rittenauer
Creative Producer: Joram Appel
Post-Production Director: Wieke Kapteijns
Research by: Indy Neidell
Image Research by: Karolina Dołęga
Edited by: Karolina Dołęga
Sound design: Marek KamińskiSources:
– Pictures of Tom Horn courtesy of Wyoming State Archives Photo Collection
– Library of Congress
– National Archives NARA
– Picture of Valley RoadArizona courtesy ofThe Old Pueblo from Wikimedia
– Icons from The Noun Project: Child by Gan Khoon Lay, Cow by Alena Artemova, Cowboys by Simon Child, cowboy avatar by Silviu Ojog, Cowboy by Gan Khoon Lay, cowboy man Adrien Coquet, cowboy by Luis Prado, Cowboy Shoot by Gan Khoon Lay, Cowboy Shooting by Gan Khoon Lay, duel by Gan Khoon Lay, Dead Soldier by Gan Khoon Lay & Joab Penalva, Shootout by Gan Khoon Lay, Sheep by Pariphat Sinma.Music:
– “Ghosts of the Rail” – Gabriel Lewis
– “Miss Dynamite” – Walt Adams
– “Gone Surfing (Sting)” – Stefan Netsman
– “Run Dry River” – River Run DryArchive by Screenocean/Reuters https://www.screenocean.com.
A TimeGhost chronological documentary produced by OnLion Entertainment GmbH.
This is what happens when politicians delegate too much of their powers to the courts
At the Foundation for Economic Education, Lawrence W. Reed recounts the stunning injustice of Soviet “justice”, in the person of Nikolai Krylenko:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.
As I watched the first day of hearings on Judge Barrett’s nomination, I was reminded of a largely forgotten Soviet legal theoretician from decades ago. His name was Nikolai Krylenko. Judge Barrett is being given the Krylenko treatment by Democrat senators like Cory Booker and Kamala Harris, meaning this: The only thing that matters is whether she will vote their party line in future cases.
Under the communist dictatorship of Lenin and then Stalin, Krylenko (1885-1938) rose through the Soviet Union’s legal system to become People’s Commissar for Justice and a Prosecutor General. He was a leading practitioner of the theory of “socialist legality,” which held that an accused person’s innocence or guilt depended on that person’s politics (real or imagined). It sounds nuts and indeed, it was. It was the stuff of Orwell’s nightmare, and one of the reasons the Soviet Union thankfully perished of its own poison.
In The Gulag Archipelago, the famous Soviet dissident and Nobel laureate Aleksandr Solzhenitsyn recounted an episode involving Krylenko. Shortly after Lenin’s Bolsheviks assumed power in 1917, an admiral named Shchastny was sentenced by one of the regime’s judges “to be shot within 24 hours.” When some in the courtroom expressed shock, it was Krylenko who responded thusly: “What are you worrying about? Executions have been abolished. But Shchastny is not being executed; he is being shot.”
To Krylenko, the only morality was what served the Party and the State, which of course in the Soviet Union were one and the same. If your politics were not correct, you would be “corrected,” one way or the other. In Richard Pipes’ authoritative book, The Russian Revolution, Krylenko is quoted as exclaiming, “We must execute not only the guilty. Execution of the innocent will impress the masses even more.”
At the Senate hearings for the Barrett nomination, it was apparent the first day that the Judge was being Krylenkoed. Hostile senators pronounced their verdicts before she had uttered a word, and those verdicts had nothing to do with Barrett’s stellar qualifications or keen legal mind. Legal analyst and George Washington University Law School professor Jonathan Turley commented,
What they were suggesting is that they will be voting against her because of what they expected her vote would be in a pending case, and that is a conditional confirmation … Here, the senators seem to be saying, “I’m not even going to listen; I’m going to vote against you because I don’t think you’re going to vote the right way …”
Judge Barrett clearly articulated her judicial philosophy, borne out by the way she has ruled at the US Court of Appeals for the Seventh Circuit: She believes the role of a judge or justice is to follow the Constitution and the law as written, not make stuff up in the service of a political agenda. How ironic that this is a point of fiery contention. Senators who swore an oath to uphold the Constitution and the law hate the guts of a judge who does just that!
October 2, 2020
The “Catch-22” in RBG’s majority opinion in City of Sherrill V. Oneida Indian Nation of N.Y.
In The Line, Meaghie Champion outlines the awkward position the Oneida First Nation found itself in after their case made it to the US Supreme Court:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.
In 2005, in the case of the City of Sherrill V. Oneida Indian Nation of N.Y., the U.S. Supreme Court ruled against the Oneidas, after the nation had attempted to assert sovereignty in traditional land they had to re-purchase after it had been illegally acquired.
Writing the majority position was the late liberal figurehead now being lionized in U.S. media — Ruth Bader Ginsburg.
Granted, she fought for women’s rights and accomplished a lot. She was a law school professor and a judge. She was one of the leaders of the American Civil Liberties Union. She was the second woman to ever serve on the United States Supreme Court. She was influential in a lot of cases on the Supreme Court, including a labour law case that inspired a law to be passed, and an environmental case that set new standards for who could be heard in court on environmental issues. Since her recent death, the news coverage has been singing her praises like hagiography.
But study history and you will find lots of villains, and no saints. Many First Nations people in North America look on Ginsburg’s reification with a much more skeptical eye.
Meanwhile, the sovereignty of many Indigenous nations in B.C. has never been extinguished. Many First Nations here are being corralled into signing treaties that give up lands, rights and sovereignty. They may look to the Oneida as a cautionary tale. When it comes to sovereignty, you must use it or lose it. Don’t look to courts to give it back later. Not even when you have a social justice saint for a judge.
Ginsburg ruled that Indian land in central New York acquired in violation of U.S. federal law, a treaty, and the U.S. Constitution, could not be reintegrated into the ancestral lands of the Oneida Indian Nation — that the Oneidas would be required to pay property taxes to the local government of the City of Sherill. That is, unless the Oneidas sacrificed that land and allowed the federal government to administer it as a trust.
Justice Ginsburg wrote that 200 years had passed since the initial illegal acquisition, the land had passed hands between jurisdictions multiple times over the period, and that the Oneida had just waited too long. (Even though the U.S. Supreme Court acknowledged in 2005 that there was no specific time limit on this kind of case.) She claimed in her opinion that it would just be “unfair” to the non-natives in this case. If the Oneida had sued in court sooner, then it would have been different.
In the long and fraught web of relationships between First Nations and the United States government, it’s hard to pick a time before the late 20th century or early 21st where a First Nations case might be given full and fair hearing by any federal court, which shows Ginsburg’s opinion to be … lacking in historical sensitivity.
October 1, 2020
Supreme Court Shenanigans!
September 30, 2020
September 21, 2020
Ruth Bader Ginsburg, RIP
David Warren notes the passing of US Supreme Court Justice Ruth Bader Ginsburg at a particularly fraught moment in US political history:

US Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia.
Screencap from a report by CBS News.
The death of the prominent American jurisprude, Ruth Bader Ginsburg, will be this morning’s example. I noticed that a favoured rightwing blog said, “Breaking news. Try to show some respect for the dead.” This comes more easily to a human being, if he is at least superficially decent. Self-discipline may make it possible for others.
Mrs Ginsburg was toward the left side of the Supreme Court in Washington, in her rulings and often articulate dissents, but I loved her anyway. So did the late Antonin Scalia, who when he died inspired real grief to exponents of the other side. They were notorious buddies, Ginsburg and Scalia. They were more than willing to hear each other out; neither was a hothead. Both were deeply informed about Yankee law, and human law generally, unlike most judges. They could discuss its principles at a high level; and at a low, with a sense of humour. Their mutual respect set an example in their vicinity, claquers who included other Court members. They were both utterly worth having at their stations.
One wonders if those days are gone, for the foreseeable future, when some degree of civilization was possible in legal and political debate. When I look instead at electoral campaigns, in which knowing, malicious lies are repeated by both sides, and both are trying to raise the temperature (I won’t say “equally”), I see something larger than the current political issues. We cannot have public order if this continues; only tyranny can be imposed by one side. Mistakes are being made by “my side,” when we forget that daily life requires negotiation. Or rather it doesn’t, if one prefers civil war.
September 3, 2020
“[L]ooting is a powerful tool to bring about real, lasting change in society.”
Not everyone on the progressive team is all-in on the “Loot your way to utopia”, as Graeme Wood (risking cancellation by his co-religionists) criticizes Vicky Osterweil’s paean to looters and looting:
Last week, NPR’s Code Switch published an interview with Vicky Osterweil, the author of In Defense of Looting: A Riotous History of Uncivil Action. NPR summarizes the book as an argument that “looting is a powerful tool to bring about real, lasting change in society.” If the real, lasting change you wish to effect is burning society to cinders and crippling for a generation its ability to serve its poorest citizens, then I suppose I am forced to agree. Osterweil sees an upside. Looting is good, she says, because it exposes a deep truth about the great American confidence game, which is that “without police and without state oppression, we can have things for free.” She came to this conclusion six years ago, and in her book, which is written “in love and solidarity with looters the world over,” she defends this view as ably as anyone could.
Osterweil’s argument is simple. The “so-called” United States was founded in “cisheteropatriarchal racial capitalist” violence. That violence produced our current system, particularly its property relations, and looting is a remedy for that sickness. “Looting rejects the legitimacy of ownership rights and property, the moral injunction to work for a living, and the ‘justice’ of law and order,” she writes. Ownership of things — not just people — is “innately, structurally white supremacist.”
The rest of the remedy is more violence, which she celebrates as an underrated engine for social justice. The destruction of businesses is an “experience of pleasure, joy, and freedom,” Osterweil writes. It is also a form of “queer birth.” “Riots are violent, extreme, and femme as fuck,” according to Osterweil. “They rip, tear, burn, and destroy to give birth to a new world.” She reserves her most pungent criticism for advocates of nonviolence, a “bankrupt concept” primarily valuable for enlisting “northern liberals.” Liberal is pejorative in this book. Martin Luther King Jr. is grudgingly acknowledged as a positive figure, but not as positive a figure as he would have been if he had kicked some white-capitalist ass and put a few pigs in the ICU. The “I Have a Dream” speech was, Osterweil writes, “the product of a series of sellouts and silencings, of nonviolent leaders dampening the militancy of the grass roots” and “sapping the movement’s energy.” More to her taste is Robert F. Williams, who practiced armed resistance, and Assata Shakur, who murdered a New Jersey police officer and remains a fugitive in Cuba. The violence needn’t be in self-defense — Shakur’s certainly was not. Osterweil quotes the “wisdom” of Stokely Carmichael: “Responsibility for the use of violence by black men, whether in self-defense or initiated by them [emphasis mine], lies with the white community.”
By now you have guessed that I am not the audience for this book. I have a job, and am therefore invested in building a system where you get paid for your work and pay others for theirs, and then everyone pays taxes to make sure that if these arrangements don’t work out, you can still have a dignified life. (Easily my favorite line in the book was written not by the author but by her publisher, right under the copyright notice: “The scanning, uploading, and distribution of this book without permission is a theft of the author’s intellectual property,” it says. “Thank you for your support of the author’s rights.”) My job sometimes entails traveling to countries recently or currently destroyed by civil unrest, and that experience has made me appreciate the fragility of peace, and has not made me eager to conduct a similar experiment in my own city.
September 2, 2020
QotD: Prohibition
Prohibition only makes things worse, like when alcohol Prohibition turned us from a peaceful nation of wine and beer drinkers into a crazed culture going blind on bathtub gin while the distributors shot each other down with Tommy-guns in the streets.
Vin Suprynowicz, “On Reporters Who Ask No (Unapproved) Questions”, Libertarian Enterprise, 2018-06-03.
August 30, 2020
“When I use the word looting, I mean the mass expropriation of property, mass shoplifting during a moment of upheaval or riot. That’s the thing I’m defending.”
An NPR interview with author Vicky Osterweil about her new book In Defense of Looting, published last week:
During the uprisings of this past summer, rioting and looting have often gone hand in hand. Can you talk about the distinction you see between the two?
“Rioting” generally refers to any moment of mass unrest or upheaval. Riots are a space in which a mass of people has produced a situation in which the general laws that govern society no longer function, and people can act in different ways in the street and in public. I’d say that rioting is a broader category, in which looting appears as a tactic.
Often, looting is more common among movements that are coming from below. It tends to be an attack on a business, a commercial space, maybe a government building — taking those things that would otherwise be commodified and controlled and sharing them for free.
Can you talk about rioting as a tactic? What are the reasons people deploy it as a strategy?
It does a number of important things. It gets people what they need for free immediately, which means that they are capable of living and reproducing their lives without having to rely on jobs or a wage — which, during COVID times, is widely unreliable or, particularly in these communities is often not available, or it comes at great risk. That’s looting’s most basic tactical power as a political mode of action.
It also attacks the very way in which food and things are distributed. It attacks the idea of property, and it attacks the idea that in order for someone to have a roof over their head or have a meal ticket, they have to work for a boss, in order to buy things that people just like them somewhere else in the world had to make under the same conditions. It points to the way in which that’s unjust. And the reason that the world is organized that way, obviously, is for the profit of the people who own the stores and the factories. So you get to the heart of that property relation, and demonstrate that without police and without state oppression, we can have things for free.
Importantly, I think especially when it’s in the context of a Black uprising like the one we’re living through now, it also attacks the history of whiteness and white supremacy. The very basis of property in the U.S. is derived through whiteness and through Black oppression, through the history of slavery and settler domination of the country. Looting strikes at the heart of property, of whiteness and of the police. It gets to the very root of the way those three things are interconnected. And also it provides people with an imaginative sense of freedom and pleasure and helps them imagine a world that could be. And I think that’s a part of it that doesn’t really get talked about — that riots and looting are experienced as sort of joyous and liberatory.
[…]
What would you say to people who are concerned about essential places like grocery stores or pharmacies being attacked in those communities?
When it comes to small business, family owned business or locally owned business, they are no more likely to provide worker protections. They are no more likely to have to provide good stuff for the community than big businesses. It’s actually a Republican myth that has, over the last 20 years, really crawled into even leftist discourse: that the small business owner must be respected, that the small business owner creates jobs and is part of the community. But that’s actually a right-wing myth.
A business being attacked in the community is ultimately about attacking like modes of oppression that exist in the community. It is true and possible that there are instances historically when businesses have refused to reopen or to come back. But that is a part of the inequity of the society, that people live in places where there is only one place where they can get access to something [like food or medicine]. That question assumes well, what if you’re in a food desert? But the food desert is already an incredibly unjust situation. There’s this real tendency to try and blame people for fighting back, for revealing the inequity of the injustice that’s already been formed by the time that they’re fighting.
H/T to Amy Alkon for the link.
Update: Ann Althouse also commented on the NPR interview:
I don’t know if other people in “the movement” are happy to see that idea spoken aloud [that looters and rioters have “always been a part of our movement”]. I’ve been hearing that there are 2 groups of people — the peaceful protesters and these mysterious other people, who, I’ve noted, the journalists don’t seem to care to identify and investigate. Osterweil is saying these are not 2 different groups. It’s one movement, and it’s been going on for a long time.
[…]
That seems to present looting as street theater with a message. It makes an argument. A terrible argument. We’ve heard that argument in words many times over the years, and most Americans reject it. We want to work and build wealth and enjoy our lives and we want the great mutual benefits of hard work and wealth. Osterweil’s looting is a switch from making the argument against property in words and to speak with actions — the destruction of property. But that doesn’t make the argument more convincing! It’s a nasty tantrum thrown because you can’t convince people with your ideas. Ironically, fortunately, it makes the argument for the other side.
August 25, 2020
August 22, 2020
John Cabot’s patent monopoly grant and the rise of the modern corporation
In the latest Age of Invention newsletter, Anton Howes traces the line of descent of modern corporate structures from the patent granted to John Cabot to explore (and exploit) a trade route to China:

The replica of John Cabot’s ship Matthew in Bristol harbour, adjacent to the SS Great Britain.
Photo by Chris McKenna via Wikimedia Commons.
I discussed last time [linked here] how the use of patent monopolies came to England in the sixteenth century. Since then, however, I’ve developed a strong hunch that the introduction of patent monopolies may also have played a crucial role in the birth of the business corporation. I happened to be reading Ron Harris’s new book, Going the Distance, in which he stresses the unprecedented constitutions of the Dutch and English East India Companies — both of which began to emerge in the closing years of the sixteenth century. Yet the first joint-stock corporation, albeit experimental, was actually founded decades earlier, in the 1550s. Harris mentions it as a sort of obscure precursor, and it wasn’t terribly successful, but it stood out to me because its founder and first governor was also one of the key introducers of patent monopolies to England: the explorer Sebastian Cabot.
As I mentioned last time, Cabot was named on one of England’s very first patents for invention — though we’d now say it was for “discovery” — in 1496. An Italian who spent much of his career serving Spain, he was coaxed back to England in the late 1540s to pursue new voyages of exploration. Indeed, he reappeared in England at the exact time that patent monopolies for invention began to re-emerge, after a hiatus of about half a century. In 1550, Cabot obtained a certified copy of his original 1496 patent and within a couple of years English policymakers began regularly granting other patents for invention. It started as just a trickle, with one 1552 patent granted to to some enterprising merchant for introducing Norman glass-making techniques, and a 1554 patent to the German alchemist Burchard Kranich, and in the 1560s had developed into a steady stream.
Yet Cabot’s re-certification of his patent is never included in this narrative. It’s a scarcely-noted detail, perhaps because he appears not to have exploited it. Or did he? I think the fact of his re-certification — a bit of trivia that’s usually overlooked — helps explain the origins of the world’s first joint-stock corporation.
Corporations themselves, of course, were nothing new. Corporate organisations had existed for centuries in England, and indeed throughout Europe and the rest of the world: officially-recognised legal “persons” that might outlive each and any member, and which might act as a unit in terms of buying, selling, owning, and contracting. Cities, guilds, charities, universities, and various religious organisations were usually corporations. But they were not joint-stock business corporations, in the sense of their members purchasing shares and delegating commercial decision-making to a centralised management to conduct trade on their behalves. Instead, the vast majority of trade and industry was conducted by partnerships of individuals who pooled their capital without forming any legally distinct corporation. Shares might be bought in a physical ship, or even in particular trading voyages, but not in a legal entity that was both ongoing and intangible. There were many joint-stock associations, but they were not corporations.
And to the extent that some corporations in England were related to trade, such as the Company of Merchant Adventurers of London, or the Company of Merchants of the Staple, they were not joint-stock businesses at all. They were instead regulatory bodies. These corporations were granted monopolies over the trade with certain areas, or in certain commodities, to which their members then bought licenses to trade on their own account. Membership fees went towards supporting regulatory or charitable functions — resolving disputes between members, perhaps supporting members who had fallen on hard times, and representing the interests of members as a lobby group both at home and abroad — but not towards pooling capital for commercial ventures. The regulated companies were thus more akin to guilds, or to modern trade unions or professional associations, rather than firms. Members were not shareholders, but licensees who used their own capital and were subject to their own profits and losses.
Before the 1550s, then, there had been plenty of unincorporated business associations that were joint-stock, and even more unincorporated associations that were not joint-stock. There had also been a few trade-related corporations that were not joint-stock. Sebastian Cabot’s innovation was thus to fill the last quadrant of that matrix: he created a corporation that would be joint-stock, in which a wide range of shareholders could invest, entrusting their capital to managers who would conduct repeated voyages of exploration and trade on their behalves.
August 7, 2020
From Medieval Letters Patent to our modern patents, by way of Venice
In the latest Age of Invention newsletter, Anton Howes traces the lines of descent from the Letters patent of the Middle Ages, through Venetian legal innovations, to what began to resemble our modern patent system:

Letters Patent Issued by Queen Victoria, 1839
On 15 June 1839 Captain William Hobson was officially appointed by Queen Victoria to be Lieutenant Governor General of New Zealand. Hobson (1792 – 1842) was thus the first Governor of New Zealand. This position was renamed in 1907 as “Governor General”. Hobson arrived in New Zealand in late January 1840, and oversaw the signing of te Tiriti o Waitangi only a few days later. By the end of 1840, New Zealand became a colony in its own right and Hobson moved the capital of the colony from the Bay of Islands to Auckland. He served as Governor until his death in 1842 after he suffered a stroke at the age of 49.
Constitutional Records group of Archives NZ via Wikimedia Commons.
Patents for invention — temporary monopolies on the use of new technologies — are frequently cited as a key contributor to the British Industrial Revolution. But where did they come from? We typically talk about them as formal institutions, imposed from above by supposedly wise rulers. But their origins, or at least their introduction to England, tell a very different story.
England’s monarchs had long used their prerogative powers to grant special dispensations by letters patent — that is, orders from the monarch that were open for all the public to see (think of the word patently, from the same root, which means openly or clearly). For the most part, such public proclamations had been used to grant titles of nobility, or to appoint people to positions in various official hierarchies — legal, religious, and governmental. And, of course, letters patent could be used to promote the introduction of new technologies.
[…]
Monopolies in general, of course, over particular trades or industries had been granted for centuries, by rulers all across Europe. They granted such privileges to groups of merchants, artisans, and city-dwellers, giving them rights to organise and regulate their own activities as guilds or as city corporations. Inherent to all such charters was the ability of the in-group to restrict competition from outsiders, at least within the confines of their city. And the ruler, in exchange for granting such privileges, typically received a share of the guild’s or corporation’s revenues. But such monopolies were very rarely given to individuals. When they were, it was often so unpopular as to be almost immediately overturned. And they were rarely used to encourage innovation.
With one exception: Italy. Throughout the fifteenth century, some Italian city guilds had begun to forbid their members from copying newly-invented patterns for silk and woollen cloth, effectively granting a monopoly over those patterns to the individual inventors. In Venice, a 50-year monopoly was granted in 1416 to one Franciscus Petri, of Rhodes, to introduce superior fulling mills. In Florence, the famous architect and engineer Filippo Brunelleschi was granted a monopoly in 1421 for a vessel he designed for transporting heavy loads of marble, in exchange for revealing the secrets of his design. The printing press was also introduced to Venice using such a privilege, with a 5-year monopoly granted in 1469 to Johannes of Speyer, though he died only a few months after receiving it. And these ad hoc grants were made with increasing frequency, such that in 1474 Venice legislated to make them more systematic, declaring that 10-year monopolies could be obtained for all new technologies, either invented or imported (though it continued to also grant ad hoc patents, with the terms and durations decided on a case-by-case basis as before). Under the 1474 law, Venice was soon granting patent monopolies to the introducers of various mills, pumps, dredges, textile machines, printing techniques, and even special kinds of lasagna. It granted over a hundred patents in the first half of the sixteenth century, with many more thereafter.
From Venice, the use of patent monopolies as an instrument of policy spread abroad, with the initiative coming from the would-be introducers of novelties themselves. In the mid-fifteenth century, for example, a French inventor who had acquired patents in Venice was also successfully lobbying for similar privileges from the archbishop of Salzburg, the duke of Ferrara, and the Hapsburg Holy Roman Emperor. The use of patent monopolies thus soon diffused to the rest of Italy, to Germany, and to the various dominions of the Spanish emperor — including Spain itself, its American colonies, and the Low Countries.
And, eventually, to England. But not in the way we might expect. In 1496, the Venetian explorer Zuan Chabotto (aka John Cabot) acquired a patent monopoly from Henry VII over the trade and products of any lands he was to discover — a legal procedure unlike anything that earlier English explorers had attempted (they had merely been granted licenses). Cabot’s grant even differed from the agreements made by Christopher Columbus with the Spanish crown, or by earlier explorers for the Portuguese. Columbus, for example, was effectively granted a patent of nobility — the hereditary titles of viceroy, admiral, and governor. He and the Portuguese explorers were direct agents of the crown, with military and justice-dispensing responsibilities over any newly conquered lands — a model derived from the Christian conquests of Muslim Iberia. Columbus effectively became a marcher lord, a custodian and defender of Spain’s new borderlands.
August 5, 2020
QotD: Responsibility
I have always been deeply suspicious of the word “responsibility”. It has again and again sounded like someone else telling me that I must do what he wants me to do rather than what I want to do. If he is paying my wages, then fair enough. But if he is explaining why I should vote for him, and support everything he does once he has got the job he is seeking, not so fair.
The sort of thing I mean is when a British Conservative Party politician says, perhaps to a room full of people who, like me, take the idea of personal liberty very seriously: Yes, I believe, passionately, in personal liberty. The politician maybe then expands upon this idea, often with regard to how commercial life works far better if people engaged in commerce are able to make their own decisions about which projects they will undertake and which risks they will walk towards and which risks they will avoid. If business is all coerced, it won’t be nearly so beneficial. We will all get poorer. Yay freedom.
But.
But … “responsibility”. We should all have freedom, yes, but we also have, or should have, “responsibility”. Sometimes there then follows a list of things that we should do or should refrain from doing, for each of which alleged responsibility there is a law which he favours and which we must obey. At other times, such a list is merely implied. So, freedom, but not freedom.
The problem with politicians talking about responsibility is that their particular concern is and should be the law, law being organised compulsion. And too often, their talk of responsibility serves only to drag into prominence yet more laws about what people must and must not do with their lives. But because the word “responsibility” sounds so virtuous, this list of anti-freedom laws becomes hard to argue against, even inside one’s own head. Am I opposed to “responsibility”? Increasingly, I have found myself saying: To hell with it. Yes.
I have often been similarly resistant to the language of Christianity, of the sort that dominates what is being said in churches around the world today. How many times in history have acts of tyranny been justified by the tyrant saying something like: We must all bear our crosses in life, and here, this cross is yours. “God is on my side. Obey my orders.” The truth about the potential of life to inflict pain becomes the excuse to inflict further pain.
Brian Micklethwait, “Jordan Peterson on responsibility – and on why it is important that he is not a politician”, Samizdata, 2018-03-30.








