Quotulatiousness

February 8, 2020

The Trial of Charles I (1649)

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

Historia Civilis
Published 6 Feb 2020

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Sources:
T. B. Howell “A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783,” Volume IV | https://bit.ly/2Q9tPOS
“The Sentence of the High Court of Justice upon the King,” January 27th, 1649 | https://bit.ly/2rooZVC
—
Diane Purkiss, The English Civil War: A People’s History | https://amzn.to/36YHkrb
Leanda de Lisle, White King: Traitor, Murderer, Martyr | https://amzn.to/2Qen9ir
Esmé Wingfield-Stratford, King Charles the Martyr: 1643-1649 | https://amzn.to/36XFvLg
Allan Massie, The Royal Stuarts: A History of the Family That Shaped Britain | https://amzn.to/2SonMZz
Michael B. Young, Charles I | https://amzn.to/35Jm9t7
John MacLeod, Dynasty: The Stuarts 1560-1807 | https://amzn.to/2MiJGt2
C. V. Wedgwood, The Trial of Charles I | https://amzn.to/372MDWy
Maurice Ashley, The House of Stuart | https://amzn.to/2PMvU42
Trevor Royle, Civil War: The Wars of the Three Kingdoms, 1638-1660 | https://amzn.to/2tKZNJP
Robert Ashton, The English Civil War: Conservatism and Revolution 1603-1649 | https://amzn.to/36WWOMz
J. P. Kenyon, The Civil Wars of England | https://amzn.to/2EIAJW3
Mark Kishlansky, A Monarchy Transformed: Britain 1603-1714 | https://amzn.to/371CSs0
Sean Kelsey, Politics and Procedure in the Trial of Charles I | https://www.jstor.org/stable/4141664
Clive Holmes, The Trial and Execution of Charles I | https://www.jstor.org/stable/40865689

Music:
“Heliograph,” by Chris Zabriskie
“John Stockton Slow Drag,” by Chris Zabriskie
“Your Mother’s Daughter,” by Chris Zabriskie
“Hallon,” by Christian Bjoerklund

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January 28, 2020

QotD: Drinking and driving

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

I have another brochure on my desk. Actually, I’ve got a lot of stuff on my desk, including possibly a cat or two, but it’s the brochure that’s at the top of the pile. It comes from the Ontario government and it’s called Break The Law Pay The Price. Personally, I’d have put a comma in there somewhere, but the Ontario government laid off the punctuation guy in a cost-cutting drive. (I gather he lasted longer than the water inspection guy.)

According to BTLPTP, “Drinking drivers are responsible for one-quarter of all people killed on Ontario roads.” In other words, only 75 percent of Ontario traffic fatalities are the work of sober people. Either we have more drunks in Ontario or our sober drivers are better drivers than Britain’s. [Where “one in seven of all deaths on the road involve drivers who are over the legal limit.”]

Now, despite the damning evidence in these brochures that sober people are causing carnage on our roads, the people who know what’s good for us are busy trying to lower the legal blood alcohol limit. Early in 2001 the Quebec government announced that it was lowering the limit from eighty milligrams to fifty, throwing in a complete drinking ban for professional drivers — cabbies, bus drivers, and the like. This last measure was a reaction to — well, nothing at all. Were drunk ambulance drivers creating havoc on the roads of Quebec? No. But it gave the government of Quebec the appearance of having taken a strong stand on something. Predictably, the Ontario government immediately made noises about following suit.

Nicholas Pashley, Notes on a Beermat: Drinking and Why It’s Necessary, 2001.

January 26, 2020

Trudeau’s illogical gun ban will do nothing to reduce violent crime

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

It will, on the other hand, infringe the rights of law-abiding Canadians and encourage otherwise law-abiding people to disobey the law. It won’t take a single lethal weapon out of the hands of criminals — because they’re already violating the laws that are in force today and won’t be deterred by yet another token rule they won’t obey. At the Post Millennial, D.J. Sumanik explains why the proposed ban is wrong:

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

I chose the AR-15 for that video because it is the singular most demonized firearm on the planet. The rifle is used to scare uninformed citizens daily. Yet the same rifle has never been used for murder by a legal gun owner in Canada.

In fact, it’s only been used for murder one time in our country over the last 50 years by a gang. A far cry from the narrative that “assault weapons” are lurking in every corner of Canadian society waiting to murder our children.

Justin Trudeau is claiming this firearm and others like it are so deadly, so dangerous, and so extreme that they must be confiscated from every licensed Canadian gun owner across the country. But with only one murder in 50 years, and the gun almost certainly still being the murderer’s hand regardless if there was a ban, the numbers simply don’t add up. In fact they barely register. Semi-auto rifles are extremely rare for use in Canadian gun homicide […] handguns are the firearm of choice for most shootings. Semi-autos only make up a small percentage of rifles and shotguns in our country. So how does this add up to a federal ban costing $600 million in taxpayer money?

Short answer: It doesn’t.

Canada has roughly 2.2 million licensed gun owners who are monitored DAILY by RCMP for red flags. Most people don’t know that. It’s called continuous eligibility screening. If you step out of the line with the law, the cops show up and take your guns.

Some further thoughts.

If only 5 percent of Canadian gun owners were out there shooting up the streets, we’d have 110,000 deaths on our hands annually. According to StatsCan, 2018 left Canada with 249 tragic gun murders. The vast majority were by gangs fighting over drugs in urban centers. Even if you were to incorrectly assume every one of those shootings was a legal gun owner and not a gang member (yeah right) it means 99.9998868% of us pose no threat to society. Can you think of another demographic with that kind of track record? I certainly can’t.

Now, the lives lost in those incidents are valuable. 249 Canadian families are feeling daily pain. Something needs to change. Gang warfare can’t go unchecked. But to punish millions of innocent Canadians who hold such an excellent track record will not help. There’s a very simple truth in all of this: Taking my firearms away in the Yukon will not prevent gang homicide in Toronto.

Furthermore, we as Canadians don’t discriminate against entire groups of people based on the actions of a few bad eggs. For instance, we don’t blame all Muslims in Canada for the actions of 9/11. How is it acceptable for Justin Trudeau to punish gun owners across Canada for gang violence?

January 25, 2020

Petition against the Trudeau government’s proposed “military-style assault rifle” ban goes over 100,000 signatures

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

There may be little point in protesting, as the Trudeau government has a track record of ignoring what Canadians want to do what it intends regardless, but you can still sign the petition here (if you do sign, remember to click the confirmation link in the email you’ll receive after signing the petition). In the Post Millennial, Sam McGriskin reports that the petition has enough confirmed signatures to be the second-largest in Canadian history:

E-petitions can be open for 30, 60, 90 or 120 days for signature based on what the petitioner prefers. The petitions get a government response within 45 days of their opening. Public Safety Minister Bill Blair is overseeing the “buyback program” which Blair estimates could cost anywhere from $400 to $600 million.

Blair’s office did not respond to request for comment from The Post Millennial. His office was asked what the minister’s response is to over 100,000 Canadians calling on the government to drop what many experts see as a completely ineffectual action to curb gun violence. Blair was also asked about fellow Liberal MP Marcus Powlowsk’s letter addressed to him that opposed the gun ban (Powlowsk has since retracted the letter) and Winnipeg Police constable calling the ban “nonsense”.

“When we seize handguns, the handguns are always almost 100% in the possession of people who have no legal right to possess them. They’re almost always stolen or illegally obtained,” said Const. Rob Carver. “I simply don’t see how as a 27-year-old veteran, how adding another layer of law will make any difference, anywhere in this country.”

In Powlowski’s letter to Blair he wrote, “Over the course of the past three months, I have heard a wide variety of views on this proposed ban. I believe it is my role to ensure that these views are brought to your attention for consideration.”

“Given that there is currently no legal definition for a ‘military-style assault rifle’ in Canada, some community members I have spoken with are skeptical that a ban based on this term would make sense as a coherent firearm policy,” the letter continued.

In a CBC interview in the summer of 2018, Blair said that most of the gun crime is committed by illegal handguns smuggled in from the U.S. and he was skeptical of a gun ban being effective in combating gun crime. His position changed drastically once he was appointed by Prime Minister Justin Trudeau as the public safety minister.

Variants of the AK-47

The Liberal voters in downtown Toronto and other major cities want the government to “do something” about gun crimes, but nothing the government can do is going to make much of a difference for people who are already violating multiple laws, so all they can do is make things worse for those who are already obeying the laws as they stand. In the real world, this makes no sense, but in the fantasy world of electoral politics, the government needs to be seen to be “doing something” … and this, stupid as it may be, counts as “something”.

Cursus honorum – Praetors

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

Historia Civilis
Published 19 Feb 2015

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January 21, 2020

The United States Goes Dry – Alcohol Prohibition I THE GREAT WAR

Filed under: Britain, Health, History, Law, Liberty, Russia, USA — Tags: , , , , , — Nicholas @ 04:00

The Great War
Published 20 Jan 2020

In January 1920, after one year of preparation, the 18th Amendment to the US Constitution went into effect. From now on alcohol prohibition was the law.

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» SOURCES
Ehmer, K. and Hindermann, B. (2015). The School of Sophisticated Drinking. New York: Greystone Books.
Miron and Zwiebel, “Alcohol Consumption During Prohibition”. In the American Economic Review, Vol. 81, No. 2, pp. 242-247, (May 1991).
Darrow, Clarence, and John Haynes Holmes. Debate On Prohibition. Haldeman-Julius Co., 1924.
Iorizzo, Luciano J. Al Capone. Greenwood Press, 2003.
Nemtsov, Aleksandr. A Contemporary History of Alcohol in Russia. Stockholm, 2011.
Sullivan, Edward D. Rattling the Cup on Chicago Crime. New York: The Vangaurd Press, 1929.
United States Government, “Codification of Internal Revenue Laws, … Published Pursuant to Section 1203(c) Revenue Act of 1926”.
18th Amendment to the Constitution of the United States. https://www.loc.gov/rr/program/bib/ou…
United States Department of Agriculture. “Crop Production Historical Track Records, 2018”. https://www.nass.usda.gov/Publication…
Kamieński, Łukasz: “Drugs”, in: 1914-1918-online. International Encyclopedia of the First World War, ed. by Ute Daniel, Peter Gatrell, Oliver Janz, Heather Jones, Jennifer Keene, Alan Kramer, and Bill Nasson, issued by Freie Universität Berlin, Berlin 2019-03-07
Blocker, Jack S Jr. “Did prohibition really work? Alcohol prohibition as a public health innovation.” American Journal of Public Health vol. 96,2 (2006): 233-43.

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January 19, 2020

“… if the Constitution is a threat to killer whales, why, then, to hell with the Constitution”

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

Colby Cosh reviews the sad tale of the British Columbian government’s defeat before the Supreme Court of Canada over pipelines:

So … yeah, that didn’t go real well. On Thursday the province of British Columbia sent its chosen representative, lawyer Joseph Arvay, to the Supreme Court to plead the oral case for B.C.’s law regulating bitumen in pipelines. John Horgan’s government had attempted to establish its own permit regime for pipeline contents, which are, under accepted constitutional doctrine, a federal responsibility. The B.C. Court of Appeal had wiped out the provincial law unanimously last summer.

Arvay’s task was widely recognized as a Hail Mary pass. But things got even more awkward as the hearing commenced and the justices of the Supreme Court interrogated him on his province’s logical, environmental, and even economic premises. An appellate court’s disposition is sometimes hard to ferret out in its hearings, but this one was so rough that Arvay was reduced to grumbling “If I’m not going to win the appeal, then I don’t want to lose badly.” Alas, the judges did not even see the need to deliberate over their reasons: they at once, and as one, ruled against B.C.

Which is not to suggest that Mr. Arvay didn’t do the best possible job. If we’re sticking with the football metaphor, the problem all along was the game plan. Given the clear federal responsibility for interprovincial pipelines, as “Works and Undertakings connecting … Provinces,” the B.C. government had no choice but to downplay the conflict between the purpose of its proposed environmental permits and the purpose of the ones the federal government hands out. Arvay had to try to convince the ermine gang that a law applying exclusively to the contents of a pipeline wasn’t a regulation of the pipeline.

“The only concern the premier, the attorney general and the members of the government have had is the harm of bitumen,” Arvay protested. “It’s not about pipelines. They’re not anti-pipelines, they’re not anti-Alberta, they’re not anti-oilsands, they’re not anti-oil.”

It’s enough to almost make one sympathetic to the more radical strategy of argument pursued at the hearing by Harry Wruck, a lawyer for Ecojustice Canada who appeared as an intervener supporting B.C. Wruck put before the Supreme Court the same idea he had presented to the BCCA: if the Constitution is a threat to killer whales, why, then, to hell with the Constitution.

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

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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.

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