Quotulatiousness

January 4, 2020

Australia, the firebug country

Filed under: Australia, Environment, Law, Media — Tags: , , — Nicholas @ 05:00

Arthur Chrenkoff rounds up the surprisingly numerous reports of arson over the last few months in Australia:

The Green Wattle Creek bushfire moves towards the Southern Highlands township of Yanderra as police evacuate residents from Yanderra Road, 21 December, 2019.
Photo by Helitak430 via Wikimedia Commons

According to my calculations and estimates, the number of individuals around Australia whose arson has contributed to the current bushfire crisis has now passed 200.

This figure is not presented as a counter-argument to those who blame the fires on climate change. Most people (I hope) understand that trees tend not to spontaneously combust, no matter what the air temperature is; when we talk about bushfires starting naturally, we are talking about lightning strikes igniting tinder. The climate change argument posits that the more extreme weather conditions – higher temperatures, drought, etc. – make fires, however started, much more destructive and much more difficult to control and extinguish. These are debates to be had between climatologists, forestry experts and fire fighters. What is painfully clear, however, that Australia has a firebug crisis. It will no doubt be up to future royal commissions and inquiries to calculate exactly what proportion of the current loss and destruction can be attributed to human action, but I suspect it will be a significant one. Man might be making climate change, but man is most definitely making fires start.

Below, a sample of news reports from around the country for the past several months.

[…]

There are no conspiracies here. Though arson has been tried and called for before as a tool of terror, the Australian fires seem to result from the actions of unconnected individuals who are either disturbed or reckless. This is nothing new; as ecological criminologist Paul Read wrote back in November:

    A 2015 satellite analysis of 113,000 fires from 1997-2009 confirmed what we had known for some time — 40 per cent of fires are deliberately lit, another 47 per cent accidental. This generally matches previous data published a decade earlier that about half of all fires were suspected or deliberate arson, and 37 per cent accidental. Combined, they reach the same conclusion: 87 per cent are man-made …

    If I had to guess, I’d say about 10,000 arsonists lurk from the top of Queensland to the southern-most tip of Victoria, but not all are active and some light fires during winter. The most dangerous light fires on the hottest days, generally closer to communities and during other blazes, suggesting more malicious motives. Only a tiny minority will gaze with wonder at the destruction they have wrought, deeply fascinated and empowered. Others get caught up with the excitement of chaos and behave like impulsive idiots.

    As for children, they are not always malicious. Children and youths follow the age-crime curve where delinquency peaks in their late teens. Fire is just one of many misbehaviours. The great majority grow out of it. Four overlapping subgroups include: accidental fire-play getting out of control; victims of child abuse — including sexual abuse — and neglect; children with autism and developmental disorders; and conduct disorder from a younger age, which can be genuinely dangerous.

The more fires, proportionally the more arsonists. And the recent mega-fires are really bringing out all the fire bugs out of the woodwork (or into the woodwork to be more accurate). It is disturbing, but sadly not surprising or unexpected. As some have suggested already, the current crisis, with its large sample of arsonists, provides a good opportunity for more research into the psychology, motivation and behaviour of fire-starters. This might help in the future, but clearly arsonists will always be with us. The task is to make their work more difficult, for example through better management of our forests to make them less combustible. But as much as bushfires are an environmental and land management problem, as we search for solution we can’t forget that they are also a criminal one.

December 23, 2019

Policing London – His Majesty King Mob – Extra History – #4

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

Extra Credits
Published 22 Dec 2019

John Fielding, Henry Fielding’s brother, took over the Bow Street Runners after his brother’s death. He was well known as a man who could identify over 3,000 criminals by voice alone. After all, he was blind. But his real contribution to policing was his organizational skills. He created the first Central Database of stolen goods and suspect descriptions and published papers that included not only London criminals but also descriptions of criminals wanted by other prisons in the country. And while the courts may have loved him, the public was much more skeptical. These were times marked by distrust in authority and having a criminal database seemed like an intrusion on personal liberty. What was required to change public opinion?

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December 21, 2019

Expanding the definition again: “terms like nerd, geek, or boffin is hate speech”

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

Offensensitivity hits the eggheads:

Labeling super-smart people with terms like nerd, geek, or boffin is hate speech, and should be punishable as such, argues lecturer and Harley-Street psychotherapist Dr Sonja Falck.

Likewise wonk, smarty-pants, and know-it-all: these terms are “divisive and humiliating,” and the “last taboo,” the University of East London egghead said this week while promoting her new book about brainiacs. Such “anti-IQ” words set society’s Einsteins apart, she claimed, with the result that geeks end up “feeling like they’re a misfit and don’t belong.”

Calling someone a swot, whizkid, brainbox, smart-arse, or dweeb may seem “harmless banter,” but it is equivalent to hate speech, she reckons, and should be recognized as such in British law – with punishments including fines and imprisonment. “It is only with the benefit of hindsight and academic research that we realise how wrong we were,” she added.

That academic research includes her new book titled Extreme Intelligence, for which she interviewed 20 nerds for 90 minutes about when they realized they were so very clever.

She then embarked on a “contextual analysis of literature” and decided that calling someone a boffin was equivalent to the worst racial slurs. “The N-word was common parlance in the UK until at least the 1960s,” she said during her book launch, before noting that “other insulting slurs about age, disability, religion and gender identity remained in widespread use until relatively recently.”

Dr Falck does not have a chip on her shoulder, despite the fact that the whole idea behind the book stemmed from the fact that as a child she was offered a place at a school for gifted children but her mother turned it down because she feared it would result in her becoming socially difficult.

December 15, 2019

Policing London – The Bow Street Runners – Extra History – #3

Filed under: Britain, Government, History, Law — Tags: , , , , — Nicholas @ 06:00

Extra Credits
Published 14 Dec 2019

Henry Fielding was a dangerous man … with a pen. He had a razor-sharp wit and created the page-turner novel, but that’s not what we want to focus on here. Because Henry Fielding is also responsible for assembling London’s first organized police force. The Bow Street Runners were inspired by Wilde’s operation just … not corrupt. But Fielding quickly found that in London’s justice system, corruption was the assumed default, not the exception. He certainly had his work cut out for him!

Henry Fielding – Everything Wilde did but you know… without the whole… being morally bankrupt bit.

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December 12, 2019

The Truth About Legendary Highwayman Dick Turpin

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

Today I Found Out
Published 8 Feb 2018

If you happen to like our videos and have a few bucks to spare to support our efforts, check out our Patreon page where we’ve got a variety of perks for our Patrons, including Simon’s voice on your GPS and the ever requested Simon Whistler whistling package: https://www.patreon.com/TodayIFoundOut

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In this video:

Richard Turpin, better known by his nickname, Dick, was a legendary highwayman who stalked the English countryside. A century or so after his death by hanging in 1739, Turpin was idealised as a dashing rogue or gentleman thief type in a multitude of supposedly factual stories purportedly based on his life.

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December 9, 2019

Policing London – The Fall of Jonathan Wild – Extra History – #2

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

Extra Credits
Published 7 Dec 2019

Jonathan Wild had the whole crime system figured out. A man of justice by day, and leader of a criminal empire by night. But that is when Jack Sheppard came into his life. Jack Sheppard was a talented thief but an even more talented escape artist. And one of the last criminals in London who refused to bend the knee to Jonathan Wild. This was unacceptable. Jonathan Wild became obsessed. But obsessions can be dangerous. Every prison escape causes Sheppard’s popularity amongst the people, sick and tired of corruption, to grow. And the consequences may be deadly.

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December 8, 2019

The “Church of Atheism” doesn’t get charitable status … this time

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

Colby Cosh on the recent court decision on the Church of Atheism’s attempt to qualify as a church — and receive the tax benefits — under Revenue Canada’s rules:

“The Descent of the Modernists”, by E.J. Pace, first appearing in his book Christian Cartoons, published in 1922.
Public domain via Wikimedia Commons.

Last week the Federal Court of Appeal upheld Revenue Canada’s rejection of an application for charitable status made by a “Church of Atheism” tucked away in Ontario’s Lanark Highlands. The idea of making a gesture like this has probably occurred to every atheist who looks around at a world of tax-exempt churches and wonders why his kind is excluded from the gravy train. (Clergymen pay tax on their income, but they have access to a generous residential deduction, and any professional expenses covered by the church go untaxed.)

The fact is that the “Church’s” efforts were a bit amateurish and confused. But they may, like a doomed military reconnaissance, have revealed weaknesses in the anomalous exclusion of atheists from religious tax exemptions.

These weaknesses cannot be any big secret. You probably remember the Supreme Court’s Mouvement laïque québécois v. Saguenay decision of 2015 — that’s the case in which the Quebec Court of Appeal had ruled that a statue of Christ with an electrically illuminated Sacred Heart was “devoid of religious connotation.” The Supreme Court, perhaps suppressing a chuckle or two, proceeded to unanimously overturn the Quebec ruling and expound the concept that the Canadian state has a Charter-based “duty of religious neutrality” (except, of course, where the constitution explicitly specifies otherwise, as with Catholic schools). Government, the SCC insisted, “must neither favour nor hinder any particular belief, and the same holds true for non-belief.”

Given that this is our law, what can be the problem with a “Church of Atheism”? Good question! Justice Marianne Rivoalen, writing on behalf of a three-judge Federal Court panel, confirmed the general point that there is a state duty of religious neutrality; in fact, even Revenue Canada, acting as the respondent, conceded this.

But the court simply ruled, without any logical elucidation, that “the Minister (of Revenue)’s refusal to register the appellant as a charitable organization does not interfere in a manner that is more than trivial or insubstantial with the appellant’s members’ ability to practise their atheistic beliefs. The appellant can continue to carry out its purpose and its activities without charitable registration.”

December 3, 2019

QotD: Defending freedom of speech

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

H.L. Mencken in 1928.
Photo by Ben Pinchot for Theatre Magazine, August 1928.

The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.

H.L. Mencken.

December 2, 2019

Policing London – The Thief-Taker General – Extra History – #1

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

Extra Credits
Published 30 Nov 2019

These days we kind of assume that police are a normal part of law and order. But that wasn’t always the case. In fact, it wasn’t the case for a lot of human history. So how did we start thinking of police as a natural part of a city? It all starts in London with the Thief-Taker General Jonathan Wilde, a man of two faces. Which one is real: valiant crime fighter or the puppet master of London’s underbelly?

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November 20, 2019

Activist court watch – Federal Court of Canada judge creates new website blocking rules

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

Michael Geist on the precedent-setting decision from the Federal Court of Canada:

A Federal Court of Canada judge issued a major website blocking decision late Friday, granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites. The order covers most of the Canada’s large ISPs: Bell, Eastlink, Cogeco, Distributel, Fido, Rogers, Sasktel, TekSavvy, Telus, and Videotron. The case is an important one, representing the first extensive website blocking order in Canada. It is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada.

Perhaps most troubling is that the judge has created a substantive new policy framework for site blocking, an issue that given the many complex policy issues (including copyright enforcement, freedom of expression, net neutrality, and telecom competition) is best left to Parliament. Indeed, the activist judicial approach explicitly engages in an analysis that considers many of the policy issues but arrives at its own conclusion about how best to balance competing interests. These are issues that are best left to elected officials. The Standing Committee on Industry, Science and Economic Development, which completed the comprehensive copyright review earlier this year, heard extensive submissions from groups calling for reforms to the law to include site blocking. It instead recommended:

    Following the review of the Telecommunications Act, that the Government of Canada consider evaluating tools to provide injunctive relief in a court of law for deliberate online copyright infringement and that paramount importance be given to net neutrality in dealing with impacts on the form and function of Internet in the application of copyright law.

In other words, the committee recommended holding off on a site blocking rule until further study is conducted. Moreover, it concluded that “paramount importance be given to net neutrality.” The judge in GoldTV acknowledged that there were net neutrality concerns (rejecting claims that “net neutrality is of no application where a site blocking order is sought.”), but concluded that the net neutrality issues did not tip the balance against granting the injunction. Not only is that inconsistent with the copyright review emphasis of paramountcy for net neutrality, but it represents the judge making a policy choice best left to elected officials.

The CRTC, which rejected a proposal for an administrative site blocking system in the FairPlay case, also thought the issue was best left to the government. Its ruling specifically cited the copyright review and the review of the Broadcasting and Telecommunications Act as avenues to address the issue. In other words, the appropriate venue to consider site blocking was government, not an administrative agency.

QotD: Theorizing an American police state

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

With apologies to Margaret Atwood and a thousand other dystopian novelists, we do not have to theorize about what an American police state would look like, because we know what it looks like: the airport, that familiar totalitarian environment where Americans are disarmed, stripped of their privacy, divested of their freedom of speech, herded around like livestock, and bullied by bovine agents of “security” in a theatrical process that has an 85 percent failure rate because it isn’t designed as a security-screening protocol at all but as a jobs program for otherwise unemployable morons.

Kevin D. Williamson, “O’Rourke’s America”, National Review, 2019-10-16.

November 8, 2019

Don’t hold your breath waiting for the Feds to tackle Quebec’s ongoing repression against minorities

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

Chris Selley on the situation in Quebec, where first-class citizenship is only available to those who speak French and don’t expect their religious beliefs to be respected:

One of the fascinating things about Quebec politics is that it’s often impossible to predict which absurdities will become controversial and which will be accepted as reasonable. The province’s linguistic and more recently cultural debates operate in an atmosphere so divorced from normal reality that it’s impossible to know how any new idea or event might react to its unique and volatile mixture of gases.

The classic example is Pastagate: An inspector from the Office québécois de la langue française found an Italian restaurant’s menu was riddled with Italian — calamari, antipasti — and issued the appropriate cease-and-desist notice. At no point did anyone suggest he had misinterpreted the law. Despite universal scorn and worldwide mockery, at no point did anyone successfully explain why this inspector’s actions were obviously ultra vires, while the OQLF’s other insane diktats — say, forcing a bilingual community newspaper to segregate English-language and French-language content such that English-only advertising will never appear on the same page as a French-language article — were reasonable.

As a result, Quebec politics is like a festival of trial balloons. Most recently we saw languages minister Simon Jolin-Barrette float the idea of banning merchants from greeting customers with “bonjour-hi” — a Downtown Montreal-ism that turns language hawks crimson with rage — only to have Premier François Legault shoot it down a couple of days later amidst widespread ridicule.

By contrast, we’re supposed to think it’s totally reasonable that the National Assembly voted merely to request that merchants use state-sanctioned greetings. Unanimously. Twice.

Ban religious symbols for all civil servants, or only those “in a position of authority”? Which civil servants are “in a position of authority”? Should currently employed civil servants affected by Bill 21 be grandfathered in or not? You can poll all you like, but until any given idea goes through Quebec’s intense media ringer, no one knows how it’ll shake out. With fundamental rights at stake, the majoritarian randomness of it all is truly alarming.

October 29, 2019

QotD: The financial crisis of 33AD

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

Let us next take a brief but important notice in Tacitus, for the year 33 AD:

    Meanwhile a powerful host of accusers fell with sudden fury on the class which systematically increased its wealth by usury in defiance of a law passed by Caesar the Dictator defining the terms of lending money and of holding estates in Italy, a law long obsolete because the public good is sacrificed to private interest. The curse of usury was indeed of old standing in Rome and a most frequent cause of sedition and discord, and it was therefore repressed even in the early days of a less corrupt morality. First, the Twelve Tables prohibited any one from exacting more than 10 per cent., when, previously, the rate had depended on the caprice of the wealthy. Subsequently, by a bill brought in by the tribunes, interest was reduced to half that amount, and finally compound interest was wholly forbidden. A check too was put by several enactments of the people on evasions which, though continually put down, still, through strange artifices, reappeared. On this occasion, however, Gracchus, the praetor, to whose jurisdiction the inquiry had fallen, felt himself compelled by the number of persons endangered to refer the matter to the Senate. In their dismay the senators, not one of whom was free from similar guilt, threw themselves on the emperor’s indulgence. He yielded, and a year and six months were granted, within which every one was to settle his private accounts conformably to the requirements of the law.

    Hence followed a scarcity of money, a great shock being given to all credit, the current coin too, in consequence of the conviction of so many persons and the sale of their property, being locked up in the imperial treasury or the public exchequer. To meet this, the Senate had directed that every creditor should have two-thirds of his capital secured on estates in Italy. Creditors however were suing for payment in full, and it was not respectable for persons when sued to break faith. So, at first, there were clamorous meetings and importunate entreaties; then noisy applications to the praetor’s court. And the very device intended as a remedy, the sale and purchase of estates, proved the contrary, as the usurers had hoarded up all their money for buying land. The facilities for selling were followed by a fall of prices, and the deeper a man was in debt, the more reluctantly did he part with his property, and many were utterly ruined. The destruction of private wealth precipitated the fall of rank and reputation, till at last the emperor interposed his aid by distributing throughout the banks a hundred million sesterces, and allowing freedom to borrow without interest for three years, provided the borrower gave security to the State in land to double the amount. Credit was thus restored, and gradually private lenders were found. The purchase too of estates was not carried out according to the letter of the Senate’s decree, rigour at the outset, as usual with such matters, becoming negligence in the end.

So far as we can understand what was happening, the passage largely explains itself. An old law restricting the rate of interest is suddenly revived. This invalidates a large class of loans above the official rate made on short term but renewable contracts. An indulgence is given of eighteen months, during which the now illegal loans are systematically called in. The result is a liquidity crisis in which land prices collapse. The crisis is dealt with by emergency lending by the Emperor.

There is nothing unusual about this sort of crisis. We are passing through something similar at the moment. What Tacitus is showing is a developed economy with much integration of capital and land markets. We can see how easily land can be sold, and how responsive prices are to the forces of demand and supply. Again, special pleading can be brought to bear on the story to try and minimise the extent of market behaviour. But, so far as this crisis can be analysed in terms of standard economic theory, the simplest explanation is to conclude that the economy of the early Roman Empire was, in its essentials, like that of the modern world.

Sean Gabb, “Market Behaviour in the Ancient World: An Overview of the Debate”, 2008-05.

October 27, 2019

Freedom of speech under threat (again)

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

In The Atlantic, Ken White strongly urges pro-free-speech advocates to avoid using some arguments that have been bandied around recently:

What speech should be protected by the First Amendment is open to debate. Americans can, and should, argue about what the law ought to be. That’s what free people do. But while we’re all entitled to our own opinions, we’re not entitled to our own facts, even in 2019. In fact, the First Amendment is broad, robust, aggressively and consistently protected by the Supreme Court, and not subject to the many exceptions and qualifications that commentators seek to graft upon it. The majority of contemptible, bigoted speech is protected.

If you’ve read op-eds about free speech in America, or listened to talking heads on the news, you’ve almost certainly encountered empty, misleading, or simply false tropes about the First Amendment. Those tired tropes are barriers to serious discussions about free speech. Any useful discussion of what the law should be must be informed by an accurate view of what the law is.

Supreme Court Justice Oliver Wendell Holmes, Jr.
Photo by Harris & Ewing via Wikimedia Commons.


[…]

“This speech isn’t protected, because you can’t shout ‘Fire!’ in a crowded theater.”

This line, though ubiquitous, is just another way to convey that “not all speech is protected by the First Amendment.” As an argument, it is just as useless.

But the phrase is not just empty. It’s also a historically ignorant way to convey the point. It dates back to a 1919 Supreme Court decision allowing the imprisonment of Charles Schenck for urging resistance to the draft in World War I. Justice Oliver Wendell Holmes Jr. wrote that the “most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” This decision led to a series of cases broadly endorsing the government’s ability to suppress speech that questioned official policy. But for more than half a century Schenck has unequivocally and universally been acknowledged as bad law.

Holmes himself repented of the decision — though he continued to indulge his taste for pithy phrases with lines like “Three generations of imbeciles are enough” to justify forcible government sterilization of the handicapped.

So when you smugly drop “You can’t shout ‘Fire!’ in a crowded theater” in a First Amendment debate, you’re misquoting an empty rhetorical device uttered by a career totalitarian in a long-overturned case about jailing draft protesters. This is not persuasive or helpful.

October 3, 2019

Toronto’s gun problem

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

The city of Toronto has a gun problem, and politicians are lining up to offer variations of the same idea as the solution. You see, unlike every other city in North America, all of the gun crime in Toronto is committed by legal owners of AR-15 and AK-47 “assault weapons”. They’re all fully registered with the federal government, and have taken all the required training courses and keep their weapons under the strict storage and transportation rules, never taking them anywhere but to the legally designated shooting range and always on the permitted route to and from that range (and they’re all life-members of the NRA, of course). This is why, unlike every other city in North America, a ban on “assault weapons” will eliminate 100% of the gun-related crime in Toronto.

In the real-world version of Toronto, however, the proposed ban will have almost no impact on the crime rates, because almost none of the gun-related crimes committed in Toronto involves any kind of “assault weapon”, most being turf disputes involving illegal handguns between drug dealers and personal grudges among “young aspiring rappers who are just about to turn their lives around”:

Colt Canada’s model SA20, a commercial version of the Canadian C7A2 rifle.
Image from the Colt Canada website.

If Liberals are re-elected to a second term in government, their plan to tackle gun violence includes a ban on high-velocity, semi-automatic rifles like the AR-15, and gun marketing bans that evoke America’s favourite action figure.

“There are sometimes advertisements and videos that appear (on social media) … to imply that we can be GI Joe on our main street,” Public Safety Minister Ralph Goodale said about the Liberal platform’s vague reference to “limit the glorification of violence by changing the way firearms are advertised marketed and sold in Canada.”

During a Q&A with reporters in Ottawa on Sunday, where Goodale fielded questions about their incumbent government’s election promises, the minister attempted to qualify freedom of expression implications with the types of promotional material that could be targeted.

“(It) depicts a kind of behaviour that is simply inappropriate and some people would find it quite threatening … and it leads to the impression of military assault weapons is something you just do, every day,” explained Goodale.

I’m not a big consumer of advertising, but I can’t recall the last time I saw any kind of ad for firearms in Canada that wasn’t in a gun magazine (and there are not many of those sold in typical corner stores). Scary black guns in Hollywood movie ads, sure … they’re everywhere … but that’s not in any way related to the advertising, sale, or use of guns in Canada.

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