Quotulatiousness

March 1, 2024

Women behaving badly on [police bodycam] video

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

Janice Fiamengo suggests that demands to the use of police bodycam footage involving young women being arrested for criminal behaviour is a weird bit of official white-knighting on the part of the authorities:

Moments of public outrage can be opportunities to consider deep-rooted cultural assumptions.

There’s been moral outrage lately over a popular YouTube channel called Drive Thru Tours. Launched in 2020, the channel started out by posting videos of tours through parts of New Jersey and New York. It hit paydirt last year when it began showing videos of police arrests, with titles such as “Rude 19-year-old Girl Arrested for DUI in Pullman, WA” (recommended if you want to get a flavor of the site) and “Belligerent Woman Arrested for DWI after Police Pursuit and Taken to Jail” (not recommended — very disturbing). The channel owner obtained the content — which until recently has focused exclusively on female offenders — from police bodycam recordings, now publicly available through freedom of information requests.

Bodycam footage was originally made accessible to the public so that American citizens can hold police accountable for their actions. Scrutiny of police behavior is widely considered a public good. Scrutiny of female behavior, however, is quite a different story — as responses to the channel demonstrate.

According to a small flurry of recent news reports, New Jersey police are warning that Drive Thru Tours is harming “vulnerable” young women by posting the evidence of their arrests. The bodycam footage was never intended, they protest, for such a purpose. In consequence, the Association of Chiefs of Police of New Jersey is calling for legislation against what they are describing as “online sexual predators“, and lawmakers in that state are considering a bill that would prohibit publishing the footage except within narrow parameters, including with the written consent of the subject.

Quite apart from whether such a bill is a good idea or not (I favor public access but have not given the matter serious thought), the language used in the articles is remarkable for its gynocentric sentimentality and misplaced sympathy.

One of the most vocal on the subject is Montville, New Jersey Police Chief Andrew Caggiano, who is quoted as stating that “It was never the intent of OPRA [the Open Public Records Act] to create such a platform that preys on young women and takes advantage of them at a time when they are vulnerable”. He also expressed a personal repugnance: “As a law enforcement professional and the father of three daughters, I am sickened by the fact that people are abusing OPRA to post these types of videos on social media sites”.

Given that it is not (yet) illegal to use bodycam material in the manner described, Chief Caggiano’s dramatic reaction seems overstated. One wonders in what sense the reckless and self-absorbed young people shown in these videos are “vulnerable”. Wouldn’t such language be better suited to their victims? Perhaps Caggiano knows something about his daughters that we don’t know (there is a video in which a “Cop’s Daughter Gets Arrested for DWI after Fleeing Accident Scene”): one would not normally expect a chief of police to so quickly substitute in imagination his own daughters for the inebriated and flagrantly dishonest women shown on Drive Thru Tours.

Caggiano’s bluster is, of course, all too familiar in a culture that cannot bear to hold women fully responsible for their bad actions — no matter how anti-social or potentially lethal — and must habitually frame them as innocent victims. It’s impossible to imagine such outraged sympathy being expressed for any male offenders in similar situations.

February 29, 2024

Arizona GOP pushes to legalize hunting down suspected illegal immigrants with deadly force! Film at 11!

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

Chris Bray reports on this utterly abhorrent piece of proposed legislation that will literally condemn any brown person in the state of Arizona to be murdered out of hand by evil red-hatted Trump supporters … or will it?

Republicans in the Arizona legislature have advanced a bill that would allow anyone in the state to just casually gun down any migrant anytime they feel like that filthy brown person might be trespassing. You can trust that this is really happening, because it’s in the news.

Delightfully, Axios reporter April Rubin trained at the New York Times. Here’s how she starts this story:

    Arizona Republicans are advancing a bill that would allow people to legally kill someone accused of attempting to trespass or actively trespassing on their property.

    The big picture: The legislation, which is expected to be vetoed if it reaches the state’s Democratic governor, would legalize the murder of undocumented immigrants, who often have to cross ranches that sit on the state’s border with Mexico.

These monsters, they’re legalizing the murder of undocumented migrants.

So, as always, let’s read the actual bill:

A person in lawful possession of property can threaten deadly force, or potentially use deadly force, in response to an act of criminal trespassing: You can go out on your property with a gun and tell a trespasser to get lost.

But Subsection B is the key to the actual use of deadly force, and journalists aren’t saying anything about it (emphasis added): “A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406,” existing sections of Arizona state law. The bill explicitly references an existing legal standard for the use of deadly force.

February 12, 2024

Find Me The Votes

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

Elizabeth Nickson has a giggle while reading through Find Me The Votes by Michael Isikoff and Daniel Klaidman, which presents the other side of the narrative about Bad Orange Man trying to steal the election in Georgia in 2020:

I admit I giggled all the way through the research of this, breaking out in helpless laughter by the end, hoping that I wasn’t going completely mad. First it was the book, Find Me The Votes, written by Michael Isikoff and Daniel Klaidman, about the Crazed Crackers who think the Georgia election was stolen and the Noble Black Woman who was putting things to right.

I persisted in calling the book in my head, The Ballad of Fani Willis, and kept waiting for the melody and lyrics, but I am not a musician and only the title came. Annoyingly, on repeat.

Isikoff, most remembered for writing for Newsweek when it was respectable, and others when they were respectable, is now head of Yahoo News, and has gone completely bonkers with Trump Derangement Syndrome. His associate in This Noble Task wrote, I believe, the first third which was all about the Noble Black Woman and her Noble Career and her Noble Father who was an entirely nice and not-murderous-at-all Black Panther, and how she felt that the massive uptick in violent crime in Atlanta should not take precedence over fighting the Crazed Crackers whose Awful Leader was Donald Trump. Fani gets the full-on-dripping-sentimentality treatment invented by Bill Clinton, her nobility and hard work, and wonderfulness and Godliness percolates all the way through it. I love how complete atheists like Isikoff like to work the God angle thinking that evangelicals will fall under his dark spell. Yeah, it just makes you look sleazy, buddy.

Willis thought her RICO case was her ticket to the Big Show. The White House. The First Noble Black Woman President of the United States of America. Apparently the Georgia Senate gathered the same and charged her with 23 Articles of Impeachment, mostly having to do with using said RICO case for her political career, not to mention paying the inexperienced, still-married, lover-lover $625,000 over 18 months. Charged with “the misuse of her office for political gains rather than the pursuit of justice”, this really needs a western ballad, with a zydeco vibe.

The second part introduced me to Trump Derangement Syndrome, which I mostly have managed to avoid. God in heaven this is awful stuff, purely hate-fueled madness. This part was written by Isikoff and I’d bet a million bucks he was drunk or on edibles all through it. In my opinion. Anyway, he trots out the usual villains and their wild accusations NONE OF WHICH HAVE ANY MERIT WHATSOEVER. THE ELECTION WAS NOT STOLEN. THIS IS ALL RIGHT WING GARBAGE. Even Rudy Guiliani who shut down the Mafia plaguing New York and managed New York through 9/11 is treated with zero respect and a lot of hateful mockery that anyone on the right is not allowed to use because hate, but lefties can express virulent hate all day with impunity.

January 30, 2024

How did Justice Mosley manage to avoid mentioning the huge pachyderm in the room?

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

Donna LaFramboise on the amazing ability of people in power here in Canada to avoid noticing or acknowledging the most salient facts of a situation:

“The Elephant in the Room” by BitBoy is licensed under CC BY 2.0 .

In the recent court ruling against Justin Trudeau’s use of the Emergencies Act, the elephant in the room was once again ignored.

Justice Richard Mosley is well aware that the Act is intended to be “a tool of last resort.” He says so twice in his decision, on pages 78 and 86. He also does a conscientious job of describing the arguments each side presented during various stages of the court battle.

Yet there is no indication, not even the slightest hint, that the bloody obvious received five minutes of the court’s attention: No government can claim to have exhausted all other avenues if it hasn’t even had a conversation with protesters.

It doesn’t matter who is doing the protesting, or what their cause happens to be. If you haven’t arranged a meeting, if you haven’t sat down and listened to people’s concerns, if you haven’t even tried to negotiate a resolution, it is not OK to reach for a last resort, nuclear option. That is beyond unreasonable. It is absurd.

In India, between November 2020 and November 2021, farmers protested three new pieces of agricultural legislation that were eventually repealed. Justin Trudeau publicly criticized the Indian government during that time. So let us compare and contrast.

According to the Indian Express, farmers unions called for a march to Delhi, the national capital, on November 26th and 27th. Delhi police said protesters wouldn’t be permitted to enter the city due to COVID restrictions, but the farmers came anyway. Water cannon and tear gas were used against them, but they eventually arrived in the north-west part of the capital.

On November 28th a cabinet minister “offered to hold talks with the farmers as soon as they vacate Delhi borders”. The farmers didn’t budge. The first round of talks with government took place, nonetheless, on December 3rd — a week after the Delhi protest began. Two days later, more talks took place. By December 30th, six rounds of negotiations had taken place.

In Canada, the government treated the truckers like mangy dogs rather than citizens. Not a single cabinet minister pursued dialogue. Not a single representative of the federal government met with the truckers between the time they began arriving in Ottawa on January 28th, 2022 and when police violently shut down the protest on February 18th and 19th. Get lost, peasants! was the government’s official position.

January 25, 2024

By invoking the Emergencies Act, “the government unjustifiably violated Canadians’ constitutional rights”

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

Andrew Lawton reports on the Federal Court decision that ruled against Justin Trudeau’s invocation of the Emergencies Act to break up the Freedom Convoy protests in 2022:

For those whose bank accounts the government froze, those who remain on trial for trumped up charges, and those who were pepper sprayed, tear gassed, or zip tied while protesting for freedom, this week’s news might be too little to late.

Even so, the aforementioned people have all been vindicated.

The Federal Court ruled Tuesday that Justin Trudeau’s invocation of the Emergencies Act – both the decision to apply it and the measures he used it to impose – were illegal.

In other words, there was no “national emergency” rising to the wartime levels intended by the act. And even if there had been, the government unjustifiably violated Canadians’ constitutional rights.

The decision was handed down, coincidentally, on the two year anniversary of the Freedom Convoy’s launch from Delta, B.C.

When Trudeau invoked the Emergencies Act, he assured Canadians that the Charter of Rights and Freedoms would be respected. His evidence was thin: the guarantee that Charter rights would be protected was seemingly predicated only on the fact that the law says Charter rights must be protected. I’d call it circular logic but even “logic” seems a bit of a stretch.

As I remarked then, if you have to pinky swear to Canadians that you’re upholding their rights, you aren’t. A well-respected judge on the Federal Court now agrees.

While the Freedom Convoy was an unprecedented demonstration (globally, not just by Canadian standards), Trudeau’s response put Canada on the map in all the wrong ways. It was condemned the world over, even by the Chinese Communist Party and Iran’s former president. Not that I put too much stock in what they think, but when you go too far for even the dictators, you should probably reassess.

The crackdown illuminated the authoritarian impulse in Canada’s “sunny ways” government. The convoy was a response to Covid restrictions, but also an increasingly divisive and vindictive approach to politics by Trudeau that vilified people based on their vaccine status and ultimately their political views.

Unfortunately for Trudeau, his denigration of convoy supporters as a “fringe minority” with “unacceptable views” ended up being taken up as a badge of honour and reclaimed by the very fringe he tried so hard to marginalize.

The court ruling is not a full exoneration of the Freedom Convoy. It’s still possible that Tamara Lich and Chris Barber could be found guilty on their mischief charges. It’s also possible that convoy organizers could lose the lawsuit filed on behalf of Ottawa residents. The decision isn’t a declaration that the convoy was a purely lawful protest, but it does say there was no “threat to the security of Canada” as per the CSIS Act, which Trudeau has spent nearly two years pretending there was.

January 20, 2024

“This ruling is definitely going to embolden the already tyrannical regulatory boards”

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

Jordan Peterson’s reaction to the Ontario court decision that sided with the College of Psychologists of Ontario to order him to undergo re-education at his own expense until some non-specified goals have been reached:

Jordan Peterson speaking at an event in Dallas, Texas on 15 June, 2018.
Detail of a photo by Gage Skidmore via Wikimedia Commons.

[National Post interviewer Tyler Dawson] What was your reaction when you found out the Ontario Court of Appeal had dismissed your challenge?

Oh, well, I’d already factored that into account as a high probability, so it actually didn’t affect me very much.

I’m upset because of what it signifies. This might be hard for people to believe, but I don’t believe that this is about me. I don’t want to claim some sort of capacity to transcend mere egotism, but there isn’t anything the college can really do to me, except they can take a hit out on my professional reputation to some degree.

Practically speaking, I’m beyond their purview, because I’m not dependent on them financially. I don’t even need my licence. I’m not practising. I have a reputation that’s going to withstand this regardless, and perhaps even be enhanced by it.

The reason that I’m fighting for this is because, well, first of all, I didn’t want them to take my damn licence. I worked hard on that and there’s no — I’ve done nothing to deserve that, quite the contrary. I think I’ve helped millions of people.

This ruling is definitely going to embolden the already tyrannical regulatory boards. But also Canadians don’t understand that if they can’t trust their professionals to tell them the truth, then they don’t have professionals anymore.

You know, this country is in rough shape. It’s in far rougher shape than people understand. So the reason I’m fighting this is to try to bring that to public attention, like I’ve been trying since 2016. You know, now a cynic would say well, you know, look at all the success you’ve had with it. It’s like, wow, yeah, believe me, man, it took a lot of dancing in place to turn the cataclysm of negative public opinion and pillorying by the press into success. That wasn’t a foregone conclusion.

What options does this leave you specifically with regards to the college? Do the training or resign?

The status is crystal clear. I’ve already been sentenced to a course of re-education, of indeterminate origin, at my expense, until I comply. And all they have to do now is tell me when to do it and where — that’s where we’re at.

There’s nothing that I know of now that I can do to stop that from happening. I just cannot understand how that’s going to work, because the probability that they’re going to re-educate me in some manner they deem successful, there’s no universe in which that can occur.

Or I can reject it, in which case I’ll fail, which is the outcome that’s desired anyways. Or I can tell them to go directly to hell and just refuse to do it, in which case they can say, well, we gave Dr. Peterson every opportunity to maintain his professional licence, but when push came to shove, he was unwilling to abide by our dictates. So those are my options.

Could you just register in another province?

It’s not that easy to switch registration jurisdictions. It should be easier than it is, because there are bureaucratic impediments in the way that make it very difficult for professionals to move and there’s no excuse for that.

It’s certainly an option I will and have to some degree explored. But it’s not just like rolling over in bed.

January 19, 2024

Vienna’s Iconic Chocolate Cake

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

Tasting History with Max Miller
Published 17 Oct 2023
(more…)

January 14, 2024

Tristin Hopper imagines the thoughts of the Toronto Police Service

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

Every week, Tristin Hopper helps us understand an element of the week’s news by “imagining” the diary entries of the people or organizations involved. This week, it’s the turn of Toronto’s police department:

The Toronto police have not had a good week. After receiving widespread criticism for refusing to disperse an anti-Israel blockade targeting a north Toronto Jewish neighbourhood, video emerged this week of officers delivering coffee and donuts to the blockaders.

And so, only after a cross-section of local politicians and Jewish leaders had expressed bafflement at police inaction, did Toronto police announce plans on Thursday to actually put a stop to protests at the Avenue Road bridge. They even charged one protester with incitement of hatred for allegedly carrying a hate group’s flag at a protest in downtown Toronto.

Monday
I’m sorry — is that the sound of people wanting us to enforce the law? As in, “hey there, sworn peace officer, get in your car, go identify some criminality and use force to stop it?”

Are you sure about that, Toronto? You sure you don’t want us to instead try fixing this with a solidarity flag raising? Or maybe this is something that could be diffused with one of those equity roundtables you keep forcing us to attend.

After all, enforcing the law is a messy business. People could get hurt. This isn’t like handing out a traffic ticket or a jaywalking citation: You’re asking us to confront people who may not care that their actions are illegal, and may employ additional illegal methods to dispute that.

Tuesday
I’m still trying to get my head around this new paradigm. So to refresh: when people break laws, you want us to stop that? The Criminal Code. The Highway Traffic Act. The Controlled Substances Act. You want our officers to read up on contemporary legislation, seek out violators of said legislation, and then apply appropriate sanctions?

This is a minefield, frankly. We’re talking raised voices. Mean tweets. People in handcuffs. Unflattering videos. Outraged Toronto Star columns. This is how we board an escalator that may soon make us pine for the days when our only problems were an easily ignored minority demographic having their overpass shut down.

Wednesday
When we’re enforcing these laws, are you absolutely sure you want us to do this without first checking if they’re politically acceptable? I mean, it would obviously streamline everything if roadways were only ever blockaded by white supremacist cannibal pedophiles, but that’s rarely the case.

And what if they’re doing an illegal thing that is tangentially related to something you like? I had our legal guy look into it and he said that any laws broken as a result of a public protest are still illegal – the right to protest only covers legal things, it turns out. So bear with me; this could result in a city in which graffiti, blockades and vandalism OF ANY KIND could end up banned. It’s a slippery slope.

The insane miscarriage of justice in Britain’s Post Office and the courts

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

The British Post Office (formerly the Royal Mail) has spent the last several years prosecuting many of its own staff for financial skulduggery uncovered by the Post Office’s computer system. Many people have been convicted and punished, yet it now comes to light that the real culprit is the faulty accounting methods used in the Post Office’s Horizon software:

“Atten-SHUN! EIIR Red Pillar Boxes” by drivethr? is licensed under CC BY-SA 2.0 .

What went wrong at the Post Office over that Horizon computer system is being described as very difficult, complicated, we’ll never really find out and Whocouddaknowed?

This is not correct. The Post Office knowed, ICL knowed, Fujitsu knowed.

Therefore and thus, as I’ve said before, just Jail Them All. There will be some who will be able to argue their way out on the basis of their innocence and that’s fine, even great. But let’s start with everyone on the right side of the bars.

It’s long been — as I’ve said — common gossip among programmers that the base problem really was pretty base. The Horizon system counted incompletes as a transaction. So, a transaction is going through and it doesn’t quite make it. Communication problems, something. A sensible system looks at incompletes and ignores them. Only completes, fully handshaken and agreed, change the accounting ledgers. Horizon did not do this. It would count the incomplete as one transaction, then when the full one came through count that as an additional, extra, transaction.

This is how a branch thought it had one number, the centre another. Because the branch regarded the incomplete and the resend as only the one transaction, the centre as two.

But common gossip among programmers isn’t enough, obviously.

It’s bad enough that glitchy software could cause such human tragedy, but it’s worse: Post Office management knew and chose to cover it up.

January 12, 2024

QotD: Rome’s Italic “allies”

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

The Roman Republic spent its first two and a half centuries (or so) expanding fitfully through peninsular Italy (that is, Italy south of the Po River Valley, not including Sicily). This isn’t the place for a full discussion of the slow process of expanding Roman control (which wouldn’t be entirely completed until 272 with the surrender of Tarentum). The consensus position on the process is that it was one in which Rome exploited local rivalries to champion one side or the other making an ally of the one by intervening and the other by defeating and subjecting them (this view underlies the excellent M.P. Fronda, Between Rome and Carthage: Southern Italy During the Second Punic War (2010); E.T. Salmon, The Making of Roman Italy (1982) remains a valuable introduction to the topic). More recently, N. Terranato, The Early Roman Expansion into Italy (2019) has argued for something more based on horizontal elite networks and diplomacy, though this remains decidedly a minority opinion (I myself am rather closer to the consensus position, though Terranato has a point about the role of elite negotiation in the process).

The simple (and perhaps now increasingly dated) way I explain this to my students is that Rome follows the Goku Model of Imperialism: I beat you, therefore we are now friends. Defeated communities in Italy (the system is different outside of Italy) are made to join Rome’s alliance network as socii (“allies”), do not have tribute imposed on them, but must supply their soldiers to fight with Rome when Rome is at war, which is always.

It actually doesn’t matter for us how this expansion was accomplished; rather we’re interested in the sort of order the Romans set up when they did expand. The basic blueprint for how Rome interacted with the Italians may have emerged as early as 493 with the Foedus Cassianum, a peace treaty which ended a war between Rome and [the] Latin League (an alliance of ethnically Latin cities in Latium). To simplify quite a lot, the Roman “deal” with the communities of Italy which one by one came under Roman power went as follows:

  • All subject communities in Italy became socii (“allies”). This was true if Rome actually intervened to help you as your ally, or if Rome intervened against you and conquered your community.
  • The socii retained substantial internal autonomy (they kept their own laws, religions, language and customs), but could have no foreign policy except their alliance with Rome.
  • Whenever Rome went to war, the socii were required to send soldiers to assist Rome’s armies; the number of socii in Rome’s armies ranged from around half to perhaps as much as two thirds at some points (though the socii outnumbered the Romans in Italy about 3-to-1 in 225, so the Romans made more strenuous manpower demands on themselves than their allies).
  • Rome didn’t impose tribute on the socii, though the socii bore the cost of raising and paying their detachments of troops in war (except for food, which the Romans paid for, Plb. 6.39.14).
  • Rome goes to war every year.
  • No, seriously. Every. Year. From 509 to 31BC, the only exception was 241-235. That’s it. Six years of peace in 478 years of republic. The socii do not seem to have minded very much; they seem to have generally been as bellicose as the Romans and anyway …
  • The spoils of Roman victory were split between Rome and the socii. Consequently, as one scholar memorably put it, the Roman alliance was akin to, “a criminal operation which compensates its victims by enrolling them in the gang and inviting them to share to proceeds of future robberies” (T. Cornell, The Beginnings of Rome (1995)).
  • The alliance system included a ladder of potential relationships with Rome which the Romans might offer to loyal allies.

Now this isn’t a place for a long discussion of the Roman alliance system in Italy (that place is in the book I am writing), so I want us to focus more narrowly on the bolded points here and how they add up to significant changes in who counted as “Roman” over time. But I should note here that while I am calling this a Roman “alliance system” (because the Romans call these fellows socii, allies) this was by no means an equal arrangement: Rome declared the wars, commanded the armies and set the quotas for military service. The “allies” were thus allies in name only, but in practice subjects; nevertheless the Roman insistence on calling them allies and retaining the polite fiction that they were junior partners rather than subject communities, by doing things like sharing the loot and glory of victory, was a major contributor to Roman success (as we’ll see).

First, the Roman alliance system was split into what were essentially tiers of status. At the top were Roman citizens optimo iure (“full rights”, literally “with the best right”) often referred to on a community basis as civitas cum suffragio (“citizenship with the vote”). These were folks with the full benefits of Roman citizenship and the innermost core of the Roman polity, who could vote and (in theory, though for people of modest means, only in theory) run for office. Next were citizens non optimo iure, often referred to as having civitas sine suffragio (“citizenship without the vote”); they had all of the rights of Roman citizens except for political participation in Rome. This was almost always because they lived in communities well outside the city of Rome with their own local government (where they could vote); we’ll talk about how you get those communities in a second. That said, citizens without the vote still had the right to hold property in Roman territory and conduct business with the full protection of a Roman citizen (ius commercii) and the right to contract legal marriages with Roman citizens (ius conubii). They could do everything except for vote or run for offices in Rome itself.

Next down on the list were socii (allies) of Latin status (note this is a legal status and is entirely disconnected from Latin ethnicity; by the end of this post, Rome is going to be block-granting Latin status to Gauls in Cisalpine Gaul, for instance). Allies of Latin status got the benefits of the ius commercii, as well as the ability to move from one community with Latin status to another without losing their status. Unlike the citizens without the vote, they didn’t automatically get the right to contract legal marriages with Roman citizens, but in some cases the Romans granted that right to either individuals or entire communities (scholars differ on exactly how frequently those with Latin status would have conubium with Roman citizens; the traditional view is that this was a standard perk of Latin status, but see Roselaar, op. cit.). That said, the advantages of this status were considerable – particularly the ability to conduct business under Roman law rather than what the Romans called the “ius gentium” (“law of peoples”) which governed relations with foreigners (peregrini in Roman legal terms) and were less favorable (although free foreigners in Rome had somewhat better protections, on the whole, than free foreigners – like metics – in a Greek polis).

Finally, you had the socii who lacked these bells and whistles. That said, because their communities were allies of Rome in Italy (this system is not exported overseas), they were immune to tribute, Roman magistrates couldn’t make war on them and Roman armies would protect them in war – so they were still better off than a community that was purely of peregrini (or a community within one of Rome’s provinces; Italy was not a province, to be clear).

The key to this system is that socii who stayed loyal to Rome and dutifully supplied troops could be “upgraded” for their service, though in at least some cases, we know that socii opted not to accept Roman citizenship but instead chose to keep their status as their own community (the famous example of this were the allied soldiers of Praenesti, who refused Roman citizenship in 211, Liv. 23.20.2). Consequently, whole communities might inch closer to becoming Romans as a consequence of long service as Rome’s “allies” (most of whom, we must stress, were at one point or another, Rome’s Italian enemies who had been defeated and incorporated into Rome’s Italian alliance system).

But I mentioned spoils and everyone loves loot. When Rome beat you, in the moment after you lost, but before the Goku Model of Imperialism kicked in and you became friends, the Romans took your stuff. This might mean they very literally sacked your town and carried off objects of value, but it also – and for us more importantly – meant that the Romans seized land. That land would be added to the ager Romanus (the body of land in Italy held by Rome directly rather than belonging to one of Rome’s allies). But of course that land might be very far away from Rome which posed a problem – Rome was, after all, effectively a city-state; the whole point of having the socii-system is that Rome lacked both the means and the desire to directly govern far away communities. But the Romans didn’t want this land to stay vacant – they need the land to be full of farmers liable for conscription into Rome’s armies (there was a minimum property requirement for military service because you needed to be able to buy your own weapons so they had to be freeholding farmers, not enslaved workers). By the by, you can actually understand most of Rome’s decisions inside Italy if you just assume that the main objective of Roman aristocrats is to get bigger armies so they can win bigger battles and so burnish their political credentials back in Rome – that, and not general altruism (of which the Romans had fairly little), was the reason for Rome’s relatively generous alliance system.

The solution was for Rome to essentially plant little Mini-Me versions of itself on that newly taken land. This had some major advantages: first, it put farmers on that land who would be liable for conscription (typically placing them in carefully measured farming plots through a process known as centuriation), either as socii or as Roman citizens (typically without the vote). Second, it planted a loyal community in recently conquered territory which could act as a position of Roman control; notably, no Latin colony of this sort rebelled against Rome during the Second Punic War when Hannibal tried to get as many of the socii to cast off the Romans as he could.

What is important for what we are doing here is to note that the socii seem to have been permitted to contribute to the initial groups settling in these colonies and that these colonies were much more tightly tied to Rome, often having conubium – that right of intermarriage again – with Roman citizens. The consequence of this is that, by the late third century (when Rome is going to fight Carthage) the ager Romanus – the territory of Rome itself – comprises a big chunk of central Italy […] but the people who lived there as Roman citizens (with and without the vote) were not simply descendants of that initial Roman citizen body, but also a mix of people descended from communities of socii throughout Italy.

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part II: Citizens and Allies”, A Collection of Unmitigated Pedantry, 2021-06-25.

January 2, 2024

Nobody will like the new rules

Chris Bray points out just how bad the “new rules” are going to be … and not just for the Bad Orange Man:

The danger is that you concede an argument about a personality or an event, then find at some future point that you’ve accepted new systems and structures that are far more broadly applicable than you noticed at the moment you accepted the new rules. Everyone of every political persuasion should see the weapon on the table, because it’s going to be pointed at you and yours: libertarians, anti-war leftists, populists, paleocons, others too weird to name. Outliers. If your votes and your views fall outside an extremely narrow band of corporate-state “centrism”, what follows is about you.

So.

Bill Mitchell, a media figure and DeSantis supporter, doesn’t see the big deal:

The problem is that Trump is “super toxic”, so whatever. Orange Man is bad, so the things you do to Orange Man are unobjectionable. Of course you can take him off the ballot — he’s a jerk. That’s, like, the Constitution.

But the constant background music for me in these discussions is that the government of Canada construed a peaceful protest against vaccine mandates as a national emergency, on par with a foreign invasion, and started freezing bank accounts and mobilizing force for mass arrests. A “Western democracy”, hearing dissent, started turning off the dissenters’ money, which means that government took away the ability of peaceful protesters to pay for things like housing and food. The patience of the global political class for disagreement is narrowing, fast and hard. (Cf. e.g. Ardern, Jacinda.)

So see what’s happening in the United States, and see where it points. On January 6, thousands of protesters turned into maybe hundreds of rioters; many people at the Capitol were peaceful and calm, while some weren’t. Almost none were armed, none used guns, and the question of law enforcement infiltration, provocation, and entrapment remains open.

But no one published a manifesto calling for the violent overthrow of the United States government, and the crowd didn’t line up at the Capitol with rifles and homemade bombs to launch waves of armed attacks on Congress. Compare: here’s Bernardine Dohrn of the Weather Underground declaring war on the United States, and announcing on the radio that “our job is to lead white kids into armed revolution”. Find me that moment on January 6, the explicit declaration of armed revolution aimed at the destruction of the federal government. No one has been charged under the Insurrection Act because no one has violated the Insurrection Act. The “insurrection” is a political construction, not a legal case.

So a riot can be an “insurrection”, in the complete absence of insurrection charges and convictions, if Maine Secretary of State Shenna Bellows (D-Longhouse) feels like an insurrection happened. She can “rule” on that.

Lone officials can unilaterally declare that American citizens are ineligible for participation in elections, because the activities of [insert name of bad people here] can be politically construed as insurrectionist — in the absence of due process and a jury trial.

December 28, 2023

“Lich and Barber … now hold the record for the longest “mischief” trial in Canadian history”

“Autonomous Truck(er)s” describes the “Lawfare Archipelago” as Justin Trudeau’s government persecutes Tamara Lich and Chris Barber for their part in organizing the Freedom Convoy movement in 2022:

It has been almost two years since Canada’s Freedom Convoy took the country, and the world, by storm. In what has been hailed around the globe as the most popular protest anywhere against the international Covid Regime, represented in Canada by the venal and vindictive Prime Minister Justin Trudeau, the Truckers of the Freedom Convoy still occupy a place as heroes to millions.

Everyone remembers how the Freedom Convoy was crushed by Trudeau’s invocation of the Emergency Measures Act, and how bank accounts were frozen, credit cards, insurance, the entire financial lives of hundreds of people that were completely shut down. The police crackdown on peaceful protesters, smashing of windows and other vandalism committed against the protesters vehicles, trampling people with horses, the beatings, the arrests; an overwhelmingly disproportionate and wholly unnecessary asymmetric response.

In December of 2023, however, a number of those truckers and their supporters are still facing adversity and punishment, including potential jail time, with ongoing court cases, and in the situation with The Coutts 4, a trial which hasn’t even started yet.

These cases are illustrative of the corruption of the Canadian political system, the media, the courts and ‘justice system’, and the subversion of some of the founding pillars of western civilization.

Canada is no longer a free country by any stretch of the imagination.


Part 1 : Tamara Lich and Chris Barber

On Thursday, November 30, just a few weeks ago, I traveled to Ottawa to take part in an interview for a documentary film being made by former CBC journalist and now freelance podcaster Trish Wood, whose working title is The Trials of Tamara Lich. Trish had stumbled upon my writings and podcasts here at Substack, and invited me on her show to discuss the situation with the Coutts men being held as political prisoners. Impressed with my work on that, as well as my history in trucking and perspectives on the deeper meaning behind the Freedom Convoy, she wanted me to appear in this documentary; I was honored to be asked and happy to oblige.

As of this writing, the trial is on Christmas break, and may, possibly resume in March 2024. It should be noted that for the primary charges that Lich and Barber are facing, in their roles as organizers of the Ottawa portion of The Convoy, a 100% peaceful protest whose only acts of violence or property damage came at the hands of the police, they now hold the record for the longest ‘mischief’ trial in Canadian history.

Given the actions of our government, perhaps it is they who should be the accused.

Chris “Big Red” Barber, a trucker from Saskatchewan who specializes in hauling oversize agricultural equipment, became one of the faces of the Freedom Convoy through his frequent TikTok videos, sharing news about the protest to his many followers online.

It is these TikTok videos that appear to be the bulk of the evidence the Crown has against Mr Barber, though sharing information on a publicly available platform seems the kind of “crime” one would expect to be prosecuted in the country where TikTok is headquartered, The People’s “Republic” of China. The basic dictatorship, we should recall, that is “admired” by Prime Minister Trudeau.

Quelle surprise, coming from Cuba’s most infamous son.

The deeply unsurprising lack of evidence on the part of the Crown is one reason why this case continues nearly two years later; Trudeau, and the Laurentian Elite by whom he was groomed for glory, cannot accept that they went way out over their skis in the gross mismanagement of Covid, and their utterly disgusting treatment of the Freedom Convoy.

An example must be made of Barber and Lich, who are both facing ten years in prison should the Crown get the convictions they desire. “Copping a Tenner”, as they used to call a trip to one of Stalin’s Gulag Camps, is quite a cost to satiate Trudeau’s latent authoritarian proclivities and his narcissistic vanity. One wonders if this is not also an effort to prove to his real constituency, the forces of global corporatism and control exemplified by WEF leader Klaus Schwab, that Trudeau will preserve the image of the brand.

December 13, 2023

“Harvard stands firmly behind President Claudine Gay”

Filed under: Bureaucracy, Education, Law, Middle East, Politics, USA — Tags: , , , — Nicholas @ 05:00

Chris Bray discusses the sure-to-be-continued saga of a plagiarist — who’s also a full-time water-carrier for terrorism — who happens (for the moment) to head HAMAS University Harvard University:

Harvard stands firmly behind President Claudine Gay, a remarkably undistinguished scholar and academic leader who has been lavishly overpraised and promoted beyond her ability for three decades. They do this, they have just explained, because Harvard is deeply committed to a culture of academic freedom, open discourse, and cultural pluralism:

    In this tumultuous and difficult time, we unanimously stand in support of President Gay. At Harvard, we champion open discourse and academic freedom, and we are united in our strong belief that calls for violence against our students and disruptions of the classroom experience will not be tolerated. Harvard’s mission is advancing knowledge, research, and discovery that will help address deep societal issues and promote constructive discourse, and we are confident that President Gay will lead Harvard forward toward accomplishing this vital work.

And so here’s the tweet — I insist on still calling them tweets — in which Harvard announces that it has posted its public letter on its insistent promotion of open and constructive discourse:

We stand for open discourse! (Replies are closed.)

Coprophagiacs eat so much shit that it stops being shit, and just becomes the thing they eat. Every word of a statement from the enormously high-status trustees of an enormously high-status institution is just ludicrous. They self-refute, casually, without noticing.

Every day now, I think about a term that lawyers use: a colorable argument. If you have a colorable argument, you can file your lawsuit without being instantly thrown out of the courtroom. You may not have the winning argument, and you may not even have a really good argument, yet, but you have enough of an argument that you can start. Then, through the discovery process and with some luck and hard work, maybe you can build the actual winning argument. But for now, you have some not-totally-implausible factish claims, and you can more or less connect it all to a law of some kind, and you can walk into the courtroom without the judge bursting into laughter. You have a colorable argument; you have the bare minimum.

Look how much of the culture is made up of people who don’t have a colorable argument. Look how much total nonsense streams by.

Now, about those plagiarism allegations against the president of what is alleged to be one of the nation’s most prestigious universities:

    With regard to President Gay’s academic writings, the University became aware in late October of allegations regarding three articles. At President Gay’s request, the Fellows promptly initiated an independent review by distinguished political scientists and conducted a review of her published work. On December 9, the Fellows reviewed the results, which revealed a few instances of inadequate citation. While the analysis found no violation of Harvard’s standards for research misconduct, President Gay is proactively requesting four corrections in two articles to insert citations and quotation marks that were omitted from the original publications.

She did absolutely nothing wrong, and that’s why she’s requesting corrections on 18% of her exceptionally thin scholarly record. No big deal, she’s just correcting “citations and quotation marks that were omitted”. Who omitted them? That’s the wrong question, see, because what happened is just that they “were omitted”. The quotation marks didn’t insert themselves. I demand that the quotation marks be denied tenure for wandering away from the page!

December 10, 2023

QotD: Roman citizenship

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

As with other ancient self-governing citizen bodies, the populus Romanus (the Roman people – an idea that was defined by citizenship) restricted political participation to adult citizen males (actual office holding was further restricted to adult citizen males with military experience, Plb. 6.19.1-3). And we should note at the outset that citizenship was stratified both by legal status and also by wealth; the Roman Republic openly and actively counted the votes of the wealthy more heavily than those of the poor, for instance. So let us avoid the misimpression that Rome was an egalitarian society; it was not.

The most common way to become a Roman citizen was by birth, though the Roman law on this question is more complex and centers on the Roman legal concept of conubium – the right to marry and produce legally recognized heirs under Roman law. Conubium wasn’t a right held by an individual, but a status between two individuals (though Roman citizens could always marry other Roman citizens). In the event that a marriage was lawfully contracted, the children followed the legal status of their father; if no lawfully contracted marriage existed, the child followed the status of their mother (with some quirks; Ulpian, Reg. 5.2; Gaius, Inst. 1.56-7 – on the quirks and applicability in the Republic and conubium in general, see S.T. Roselaar, “The Concept of Conubium in the Roman Republic” in New Frontiers: Law and Society in the Roman World, ed. P.J. du Plessis (2013)).

Consequently the children of a Roman citizen male in a legal marriage would be Roman citizens and the children of a Roman citizen female out of wedlock would (in most cases; again, there are some quirks) be Roman citizens. Since the most common way for the parentage of a child to be certain is for the child to be born in a legal marriage and the vast majority of legal marriages are going to involve a citizen male husband, the practical result of that system is something very close to, but not quite exactly the same as, a “one parent” rule (in contrast to Athens’ two-parent rule). Notably, the bastard children of Roman women inherited their mother’s citizenship (though in some cases, it would be necessarily, legally, to conceal the status of the father for this to happen, see Roselaar, op. cit., and also B. Rawson, “Spruii and the Roman View of Illegitimacy” in Antichthon 23 (1989)), where in Athens, such a child would have been born a nothos and thus a metic – resident non-citizen foreigner.

The Romans might extend the right of conubium with Roman citizens to friendly non-citizen populations; Roselaar (op. cit.) argues this wasn’t a blanket right, but rather made on a community-by-community basis, but on a fairly large scale – e.g. extended to all of the Campanians in 188 B.C. Importantly, Roman colonial settlements in Italy seem to pretty much have always had this right, making it possible for those families to marry back into the citizen body, even in cases where setting up their own community had caused them to lose all or part of their Roman citizenship (in exchange for citizenship in the new community).

The other long-standing way to become a Roman citizen was to be enslaved by one and then freed. An enslaved person held by a Roman citizen who was then freed (or manumitted) became a libertus (or liberta), by custom immediately the client of their former owner (this would be made into law during the empire) and by law a Roman citizen, although their status as a freed person barred them from public office. Since they were Roman citizens (albeit with some legal disability), their children – assuming a validly contracted marriage – would be full free-born Roman citizens, with no legal disability. And, since freedmen and freedwomen were citizens, they also could contract valid marriages with other Roman citizens, including freeborn ones […]. While most enslaved people in the Roman world had little to no hope of ever being manumitted (enslaved workers, for instance, on large estates far from their owners), Roman economic and social customs functionally required a significant number of freed persons and so a meaningful number of new Roman citizens were always being minted in the background this way. Rome’s apparent liberality with admission into citizenship seems to have been a real curiosity to the Greek world.

These processes thus churned in the background, minting new Romans on the edges of the populus Romanus who subsequently became full members of the Roman community and thus shared fully in the Roman legal identity.

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part II: Citizens and Allies”, A Collection of Unmitigated Pedantry, 2021-06-25.

December 5, 2023

“Why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it?”

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

Janice Fiamengo with a column that, had it been written by a man, would merit universal condemnation from the mainstream media (instead, if they pay any attention to it will probably dismiss it with hints of “false consciousness” or “Stockholm syndrome”):

For years, activists told us that part of the horror for sexual assault survivors was the fear of not being believed, the feeling that one was alone with an experience no one else understood or even acknowledged. Fair enough. Now, decades into the near-constant discussion of all varieties of such assault, many quite trivial yet treated with great seriousness, women don’t seem to have become any better at dealing with the ostensible horror — quite the opposite. The unending focus on sexual victimization seems only to have created more victims.

A case in point involves the infamous sexual crimes of Dr. Vincent Nadon, a now-disgraced GP at the University of Ottawa Health Clinic, who in late 2018 was sentenced to eight years in prison after he pled guilty to many dozens of counts of voyeurism and sexual assault during a 28-year medical practice. (The exact number of charges was hard to determine, seeming to change in every report). Much of what Nadon pled guilty to — mainly the recording of women via his cellphone while they were undressing or undergoing breast exams — was a type of deeply unprofessional conduct that might have gone forever unnoticed by the victims if one intrepid woman had not seen the cellphone’s recording light winking at her from a cabinet and gone to investigate. There were also allegations of sexual assault nearly indistinguishable in their details from regular medical touching — the main distinction being that the touching was “for sexual purposes”. Witnesses at Nadon’s sentencing hearing spoke of what had occurred, in some cases many years previously, as if it had been the worst possible betrayal.

A report of the sentencing hearing described women wiping away tears as they told of “feelings of powerlessness, embarrassment and even guilt”. Others said they had become distrustful of men after learning of Nadon’s actions. One woman, having been shown by police a cellphone recording made of her in Nadon’s office, claimed that she felt physically ill and “has not been able to go to another doctor, and is uncomfortable undressing, even in front of her husband”. Another woman said she felt “violated and betrayed”, and now “looks for hidden cameras everywhere, is obsessed with locking doors, and has developed a medical condition that can be caused by stress”. Many alleged that they feared seeing videos of themselves on the internet though there is no indication Nadon ever uploaded any of his recordings.

In a separate report about fallout from the charges against Nadon, some women expressed outrage at authorities they saw as complicit in their victimization, with one woman complaining that University of Ottawa Health Services failed to “help [her] tell [her] story and come forward”. This woman, who told how she had not been provided with a gown to wear during a pap smear procedure with Nadon, was also furious at the University of Ottawa for failing to more closely monitor its health service provider. Her anger was sustained and wide-ranging: “Obviously I’m super traumatized. I feel extremely violated and so sick to my stomach. It’s really, really disgusting.” “It’s even hard for me now to find a therapist I can trust.”

I can’t get inside these women’s heads, of course, but their statements seem hysterical and irrational, far in excess of the facts, and perhaps willfully exaggerated in order to garner the maximum of attention and sympathy. It was disturbing to see such statements presented as if they proved something about the severity of Dr. Nadon’s actions. They prove nothing except the climate of alleged female sexual fragility in which we are all now forced to live.

Victim impact statements are often of dubious value in criminal justice proceedings — why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it? — but in a case like this, with damsel-in-distress melodrama having already been stoked by multiple media reports at every stage of the investigation, the victim statements took on a particularly staged, formulaic quality. One had to make an effort to remember that many of the complainants would not even have known they were harmed if police hadn’t shown them that they were. Their pain may have been real, but it was also almost entirely self-generated.

The whole story of Dr. Nadon the beloved physician turned super-predator seems to have been largely manufactured, first and foremost by police, who were so eager to find as many complainants as possible that they repeatedly put out calls through the media for more “victims” to come forward. I’ve never seen anything quite like it, with police stating publicly that they feared there were likely more victims, and issuing “a public plea for help”. What did they expect to happen?

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