Quotulatiousness

April 4, 2012

The authoritarian High-Modernist recipe for failure

Filed under: Bureaucracy, Government, History, Liberty — Tags: , , , — Nicholas @ 08:37

Charles Stross linked to this older post at Ribbonfarm discussing “how to think like a state”:

James C. Scott’s fascinating and seminal book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, examines how, across dozens of domains, ranging from agriculture and forestry, to urban planning and census-taking, a very predictable failure pattern keeps recurring.

[. . .]

Scott calls the thinking style behind the failure mode “authoritarian high modernism,” but as we’ll see, the failure mode is not limited to the brief intellectual reign of high modernism (roughly, the first half of the twentieth century).

Here is the recipe:

  • Look at a complex and confusing reality, such as the social dynamics of an old city
  • Fail to understand all the subtleties of how the complex reality works
  • Attribute that failure to the irrationality of what you are looking at, rather than your own limitations
  • Come up with an idealized blank-slate vision of what that reality ought to look like
  • Argue that the relative simplicity and platonic orderliness of the vision represents rationality
  • Use authoritarian power to impose that vision, by demolishing the old reality if necessary
  • Watch your rational Utopia fail horribly

The big mistake in this pattern of failure is projecting your subjective lack of comprehension onto the object you are looking at, as “irrationality.” We make this mistake because we are tempted by a desire for legibility.

[. . .]

Central to Scott’s thesis is the idea of legibility. He explains how he stumbled across the idea while researching efforts by nation states to settle or “sedentarize” nomads, pastoralists, gypsies and other peoples living non-mainstream lives:

    The more I examined these efforts at sedentarization, the more I came to see them as a state’s attempt to make a society legible, to arrange the population in ways that simplified the classic state functions of taxation, conscription, and prevention of rebellion. Having begun to think in these terms, I began to see legibility as a central problem in statecraft. The pre-modern state was, in many crucial respects, particularly blind; it knew precious little about its subjects, their wealth, their landholdings and yields, their location, their very identity. It lacked anything like a detailed “map” of its terrain and its people.

The book is about the 2-3 century long process by which modern states reorganized the societies they governed, to make them more legible to the apparatus of governance. The state is not actually interested in the rich functional structure and complex behavior of the very organic entities that it governs (and indeed, is part of, rather than “above”). It merely views them as resources that must be organized in order to yield optimal returns according to a centralized, narrow, and strictly utilitarian logic.

It’s a long post, but it is well worth reading. In a couple of throwaway examples, it rather cleverly ties the Indian caste system (as made “legible” by the Raj) and the entire Roman empire to Scott’s failure model.

QotD: Mike Riggs refutes Van Jones on “so-called Libertarians”

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

I’m going to have to mic check you there, Mr. Jones. You’re not talking about so-called libertarians, but your former boss and current president. See, it’s Barack Obama who supports “traditional marriage”; Barack Obama who supports a drug war that sends an alarming number of black men to prison and destroys their employment prospects; Barack Obama who supports a foreign policy that kills children; Barack Obama who supports regulatory barriers that require the poorest of the poor to borrow their way into the workforce; Barack Obama who supports an immigration strategy that rips apart families and sees the children of undocumented workers put up for adoption.

Whether Obama’s support for those policies means he hates gays or brown folk is not for me to say. As the scriptures tell us, “For who has known the mind of the Lord that he may instruct him?”

Libertarians, on the other hand, love brown folk, the gays, the lesbians, the people with piercings, and immigrants. Many of us, after all, fit rather neatly into those categories, and we show our affection for ourselves and our neighbors by supporting the right of all peoples to live free of state-sponsored violence, discrimination, undue imprisonment, and theft; as well as the entirely predictable consequences of both left-wing and right-wing social engineering.

Mike Riggs, “Van Jones on ‘so-called Libertarians’: ‘They say they love America but they hate the people, the brown folk, the gays, the lesbians, the people with piercings'”, Hit & Run, 2012-04-03

April 3, 2012

Popehat tells Arizona “Come Get Me, Coppers!”

Arizona has a law on the books that should replace the old chestnut about King Canute and the tide: they’ve criminalized annoying and offending people on the internet:

Dear Members of the Arizona State Legislature,

By this post, it is my specific intent to use this digital device — a computer — to annoy and offend you.

I do so because you have passed Arizona H.B. 2549, which provides in relevant part as follows:

    It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

OK. I certainly don’t intend to convey any physical threat. And I can’t terrify or intimidate you, even with the prospect of revealing you for a pack of morons who ought to be voted out of office — after all, you’re in Arizona, where prolonged lawlessness, venality and idiocy seem to be sure paths to electoral victory.

I certainly do mean to annoy and offend you, though. You’ve been swept up in the moronic and thoughtless anti-bullying craze and consequently passed a bill that is ridiculous on its face, a bill that criminalizes annoying and offending people on the internet. That’s like criminalizing driving on the road. By so clearly violating the First Amendment, you’ve violated your oaths of office. You should be ashamed of yourselves. What kind of example are you setting for the children of Arizona by ignoring the law to pass fashionable rubbish? It is no excuse that you are merely modifying an archaic law to apply it to the internet — you’re still enacting patently unconstitutional legislation.

That’s Ken at Popehat, inviting the Arizona state legislature to “snort my taint, go to Hell, and go fuck yourselves”.

Eliminating inter-provincial barriers to trade

Filed under: Cancon, Economics, Law, Liberty, Wine — Tags: , , , , — Nicholas @ 10:43

Confederation in 1867 was supposed to create a single nation out of a group of separate British colonies in North America. In spite of that, in some areas, individual provinces treat one another as foreign entities for trading purposes. Alcohol, for example, is one product that gets special treatment for inter-provincial sales — almost always to interfere with or even prevent the purchase of alcohol in one province for consumption in another. 680News reports on the latest effort to harmonize the rules regarding alcohol sales across provincial borders:

Free my grapes will be the rallying cry on Parliament Hill on Tuesday as a committee hears from supporters of a private member’s bill seeking to erase a 1928 rule that restricts individuals from bringing wine across provincial borders.

Shirley-Ann George ran into that problem when she was visiting B.C. and then tried to join a wine club through a vineyard there, only to be told the vineyard couldn’t ship to her home in Ontario.

She decided to start up the Alliance of Canadian Wine Consumers to try to change it.

“You’ve got to be kidding,” is the most common refrain from people first learning about the rule, George said.

“Most Canadians don’t even know it is illegal. They think it’s silly, archaic and it’s time that the government started to think in the 21st century.”

Of course, the provinces are not keen to allow individuals to buy wine directly — that might threaten their respective monopolies (and the juicy profits they derive from being “the only game in town”). One of their current arguments against the bill is that it will somehow give Canadian wines an unfair advantage and that could cause issues with our international trade partners. I’m not sure how it benefits Canadian wineries to be shut out of selling to Canadian wine drinkers in other provinces, but I’m sure that they have some cockamamie statistical “proof” that they’ll trot out to bolster their argument.

A “routine” traffic stop in Collinsville, Illinois

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 08:17

Radley Balko tells the full story of a traffic stop in Illinois that demonstrates how eager some police departments are to use “asset forfeiture” to get their hands on the property of innocent people:

Last December, filmmaker Terrance Huff and his friend Jon Seaton were returning to Ohio after attending a “Star Trek” convention in St. Louis. As they passed through a small town in Illinois, a police officer, Michael Reichert, pulled Huff’s red PT Cruiser over to the side of the road, allegedly for an unsafe lane change. Over the next hour, Reichert interrogated the two men, employing a variety of police tactics civil rights attorneys say were aimed at tricking them into giving up their Fourth Amendment rights. Reichert conducted a sweep of Huff’s car with a K-9 dog, then searched Huff’s car by hand. Ultimately, he sent Huff and Seaton on their way with a warning.

Earlier this month, Huff posted to YouTube audio and video footage of the stop taken from Reichert’s dashboard camera. No shots were fired in the incident. No one was beaten, arrested or even handcuffed. Reichert found no measurable amount of contraband in Huff’s car. But Huff’s 17-and-a-half minute video raises important questions about law enforcement and the criminal justice system, including the Fourth and Fifth Amendments, the drug war, profiling and why it’s so difficult to take problematic cops out of the police force.

[. . .]

“When we saw the Huff video in our office, we just laughed,” Rekowski says. “Not because it wasn’t outrageous. But because it’s the kind of thing we see all the time. The stop for a so-called ‘inappropriate lane change,’ the games they play in the questioning, the claims about nervousness or inappropriate behavior that can’t really be contradicted. It’s all routine.”

According to Koester, the defense attorney in private practice, “The dog alert that happens off-camera isn’t unusual either. You see that all the time.”

Koester and Rekowski say the Huff stop has all the markings of a forfeiture fishing expedition. “You see where he asks if [Huff] is carrying large amounts of U.S. currency,” Rekowski says. “It’s pretty clear what they’re after. These kinds of cases put my kids through college.” He laughs, then adds, “I’m only half joking.”

H/T again to Jon, my former virtual landlord.

April 1, 2012

Nightmare progression from Facebook data to stalker app to genocide tool

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 00:11

Charles Stross on the very disturbing implications of Facebook and other social media tools:

There is an app, currently on the Apple app store as a free download, called Girls Around Me.

A couple of days ago, computer journalist John Brownlee wrote an essay about it explaining why he found it disturbing. I’d like to propose that it is symptomatic of a really major side-effect of our forced acculturation into Facebook’s broken model of human social interaction — a broken model shared by all the most successful social networks, by design — and that it is going to get much worse, until it kills people. Quite possibly in very large numbers.

I wish this was an April Fool’s joke or a piece of dystopian near-future fiction. Unfortunately it isn’t.

[. . .]

What “Girls Around Me” does is simple: it looks up your GPS location, then queries Facebook and FourSquare for people matching a simple search criterion (are they female?) who have checked in (or been checked in by their friends) in your vicinity. It then makes it really easy to pull up their publicly visible information — stuff such as age, occupation, favourite sports, what school they attended, and so on. All the stuff Facebook encourages you to share.

You can probably see why John and his friends became increasingly uneasy about this app: it’s pitched as innocent, slightly hokey fun, but it stops being amusing the instant you imagine it in the hands of a stalker or serial rapist. Or even just an unscrupulous ass-hat in search of a one night stand who isn’t above researching his target’s taste in music and drinks without their knowledge.

Creepy and stalkerish, right? So where’s the dystopic vision? Right here:

It’s easy to imagine how we could make something worse than “Girls Around Me” — something much worse. Facebook encourages us to disclose a wide range of information about ourselves, including our religion and a photograph. Religion is obvious: “Yids Among Us” would obviously be one of the go-to tools of choice for Neo-Nazis. As for skin colour, ethnicity identification from face images is out there already. Want to go queer bashing? There’s an algorithm out there for guessing sexual orientation based on the network graph of the target’s facebook friends. It’s probably possible to apply this sort of data mining exercise to determine whether a woman has had an abortion or is pro-choice.

In the worst case, it’s possible to envisage geolocation and data aggregation apps being designed to facilitate the identification and elimination of some ethnic or class enemy, not only by making it easy for users to track them down, but by making it easy for users to identify each other and form ad-hoc lynch mobs. (Hence my reference to the Rwandan Genocide earlier. Think it couldn’t happen? Look at Iran and imagine an app written for the Basij to make it easy to identify dissidents and form ad-hoc goon squads to proactively hunt them down. Or any other organization in the post-networked world that has a social role corresponding to the Red Guards.)

But as I said earlier, the app is not the problem. The problem is the deployment by profit-oriented corporations of behavioural psychology techniques to induce people to over-share information which can then be aggregated and disclosed to third parties for targeted marketing purposes.

Update, 2 April: The app has been pulled from the App Store after Foursquare revoked the developer’s API access, but the underlying problem is still there.

March 31, 2012

Nick Gillespie on the “bully” crisis that isn’t

Filed under: Education, Law, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:35

There’s an ongoing major media story about bullies, but Nick Gillespie says the crisis doesn’t really exist:

“When I was younger,” a remarkably self-assured, soft-spoken 15-year-old kid named Aaron tells the camera, “I suffered from bullying because of my lips—as you can see, they’re kind of unusually large. So I would kind of get [called] ‘Fish Lips’—things like that a lot—and my glasses too, I got those at an early age. That contributed. And the fact that my last name is Cheese didn’t really help with the matter either. I would get [called] ‘Cheeseburger,’ ‘Cheese Guy’—things like that, that weren’t really very flattering. Just kind of making fun of my name—I’m a pretty sensitive kid, so I would have to fight back the tears when I was being called names.”

It’s hard not to be impressed with — and not to like — young Aaron Cheese. He is one of the kids featured in the new Cartoon Network special “Stop Bullying: Speak Up,” which premiered last week and is available online. I myself am a former geekish, bespectacled child whose lips were a bit too full, and my first name (as other kids quickly discovered) rhymes with two of the most-popular slang terms for male genitalia, so I also identified with Mr. Cheese. My younger years were filled with precisely the sort of schoolyard taunts that he recounts; they led ultimately to at least one fistfight and a lot of sour moods on my part.

Ah, yes, the joy of classmates discovering that “Nick” is such a useful name for casual abuse. It was part of the reason I’ve insisted on using “Nicholas” ever since I got into the working world. Bullies were certainly part of my early school experience, and that of my own son. Rather like the changing of the seasons, they were just part of the school environment. I got into a few fights, but quickly learned that most other boys had a weight and reach advantage over me that resulted in a fairly quick end to each fight. The bullying tapered off in high school, but I tried to minimize the opportunities for it to happen, too. I have very few remaining friends from school — but that’s partly a reflection of the fact that I had relatively few friends in school.

Part of the perceived problem with bullies is that parents are much more involved in their kids’ lives than earlier generations:

How did we get here? We live in an age of helicopter parents so pushy and overbearing that Colorado Springs banned its annual Easter-egg hunt on account of adults jumping the starter’s gun and scooping up treat-filled plastic eggs on behalf of their winsome kids. The Department of Education in New York City — once known as the town too tough for Al Capone — is seeking to ban such words as “dinosaurs,” “Halloween” and “dancing” from citywide tests on the grounds that they could “evoke unpleasant emotions in the students,” it was reported this week. (Leave aside for the moment that perhaps the whole point of tests is to “evoke unpleasant emotions.”)

Politicians, always eager to be seen to be “doing something”, are lining up to “do something” about bullying:

Last year, in response to the suicide of the 18-year-old gay Rutgers student Tyler Clementi, the state legislature passed “The Anti-Bullying Bill of Rights.” The law is widely regarded as the nation’s toughest on these matters. It has been called both a “resounding success” by Steve Goldstein, head of the gay-rights group Garden State Equality, and a “bureaucratic nightmare” by James O’Neill, the interim school superintendent of the township of Roxbury. In Congress, New Jersey Sen. Frank Lautenberg and Rep. Rush Holt have introduced the federal Tyler Clementi Higher Education Anti-Harassment Act.

The Foundation for Individual Rights in Education has called the Lautenberg-Holt proposal a threat to free speech because its “definition of harassment is vague, subjective and at odds with Supreme Court precedent.” Should it become law, it might well empower colleges to stop some instances of bullying, but it would also cause many of them to be sued for repressing speech. In New Jersey, a school anti-bullying coordinator told the Star-Ledger that “The Anti-Bullying Bill of Rights” has “added a layer of paperwork that actually inhibits us” in dealing with problems. In surveying the effects of the law, the Star-Ledger reports that while it is “widely used and has helped some kids,” it has imposed costs of up to $80,000 per school district for training alone and uses about 200 hours per month of staff time in each district, with some educators saying that the additional effort is taking staff “away from things such as substance-abuse prevention and college and career counseling.”

Bullying is a problem, but it’s neither new nor growing:

But is bullying — which the stopbullying.gov website of the Department of Health and Human Services defines as “teasing,” “name-calling,” “taunting,” “leaving someone out on purpose,” “telling other children not to be friends with someone,” “spreading rumors about someone,” “hitting/kicking/pinching,” “spitting” and “making mean or rude hand gestures” — really a growing problem in America?

Despite the rare and tragic cases that rightly command our attention and outrage, the data show that things are, in fact, getting better for kids. When it comes to school violence, the numbers are particularly encouraging. According to the National Center for Education Statistics, between 1995 and 2009, the percentage of students who reported “being afraid of attack or harm at school” declined to 4% from 12%. Over the same period, the victimization rate per 1,000 students declined fivefold.

Warning: Despite a total lack of evidence, we still want video game “violence” warning stickers

Filed under: Gaming, Government, Liberty, Media, Technology — Tags: , , , — Nicholas @ 00:14

Erik Kain in Forbes on the latest attempt to put scare warnings on pretty much all video games sold in stores:

“WARNING: Exposure to violent video games has been linked to aggressive behavior.”

That’s the label Reps. Joe Baca and Frank Wolf want to place on every video game that hits store shelves.

Well okay, not every video game. Just every game with an E (Everyone) rating or higher. Only EC (Early Childhood) games would avoid the label. Every other game, regardless of content, would have the equivalent of cigarette warnings slapped on them.

This means that games like Tiger Woods PGA Tour would get a violence-warning label.

Can I humbly suggest that we sponsor a bill that would slap warning labels on all our elected officials?

“WARNING: May enact pointless, freedom-quashing laws based on bad data and lies due to sanctimonious pandering to special interest groups.”

The EFF is on the case.

EFF has put together an action alert that lets you to tell your Congressmember that you stand against the unnecessary and burdensome regulation of speech in video games, and that she should too.

Even though it is not required by law, many video game developers have been self-regulating games for age-level and content with Entertainment Software Ratings Board (ESRB) ratings since 1994. That system is widely understood in the marketplace, and allows consumers and parents to make informed decisions about their video game purchases.

March 30, 2012

“Fifty-six days. Two months. In an actual jail. For tweeting”

Brendan O’Neill on Britain joining China and Iran in punishing free speech:

This week, Britain became a fully paid-up member of that clique of illiberal intolerant, tweeter-harassing states.

On Tuesday, at Swansea Magistrates Court in Wales, Liam Stacey, a student, was imprisoned for 56 days for writing offensive tweets.

Fifty-six days. Two months. In an actual jail. For tweeting. It needs to be spelt out like that in order to show how shocking it is that in the 21st century, in a nation that gave us such great warriors for freedom as The Levellers and John Stuart Mill, a young man has now been banged up for expressing his thoughts.

Stacey’s thoughts were far from pleasant ones. In fact they were offensive and repugnant.

What kind of freedom of speech do you have when you can be punished for expressing unpopular and idiotic sentiments? None whatsoever. When you’re only free to mouth the mainstream popular opinions — or what the state tells you is acceptable — you don’t have freedom of speech at all.

When other tweeters complained to Stacey about his off-colour comments, he started to use racist language. He told his detractors to “f**k off”, and hurled pretty much every racial slur under the sun at them.

The Twitterati reported him to the police. And sure enough he got a visit from the cops, was charged with committing a racially aggravated public order offence, and now finds himself in the clink alongside burglars and rapists.

Yes, Stacey’s comments were horrible. But this was speech rather than actions, the use of words rather than the use of fists, and there should never be any state involvement, certainly not arrests and showtrials, in the arena of speech.

In finding himself incarcerated simply because he refused to “Pray for Muamba” and then expressed nasty racist thoughts, Stacey has effectively been punished for committing a thoughtcrime, or perhaps its modern equivalent: a tweetcrime.

March 29, 2012

Edinburgh may be killing the cultural golden goose

Filed under: Britain, Bureaucracy, Liberty, Media — Tags: , , , , , — Nicholas @ 10:46

Tiffany Jenkins talks about the origins of the world famous Edinburgh Fringe Festival and the powers-that-be who seem to be determined to strangle it with red tape:

In 1947, eight theatre groups turned up to perform at the newly formed Edinburgh International Festival, an annual event established to celebrate and enrich postwar European cultural life. The theatre groups had not been invited, and were not part of the official programme. So instead they created a spontaneous festival on the side. Growing year on year, with the theatre groups encouraging others to participate, this alternative to the Edinburgh International Festival eventually established itself, in 1959, as the Festival Fringe Society.

Today, Scotland is home to some of the top cultural events in the world. Many take place in Edinburgh during the August months, attracting high-profile authors, artists, comics and theatre companies from all over the globe. At the heart of this cultural firmament is the Edinburgh Festival Fringe, an event now funded and supported by government and local councils. Yet, in a nasty twist, those very same central and local authorities, currently enjoying the prestige of being associated with a world-renowned festival of culture, are seemingly intent on stifling the spontaneous, do-it-yourself impulse that originally gave birth to the Fringe.

[. . .]

From 1 April 2012, it will become necessary to have a ‘Public Entertainment License’ to undertake any kind of public art in Scotland. Previously a licence was only required for events charging admission. Starting next month, even the smallest local events being run for free — say in a café or a bookshop — will require one, which must be applied for six weeks beforehand. This will include exhibitions in temporary places, gigs in record shops, free film screenings, music in pubs. You know, even really dodgy stuff — like poetry readings to 10 men and a dog.

Apart from the form-filling and curtailment of spontaneity — you cannot just ring around a few friends and suggest a performance at the weekend — this will cost money too. In the past, fees for a ‘public entertainment licence’ have ranged from £120 to £7,500, requiring several months’ notice to be given to the council and three weeks public notice. Nothing will happen without long-term planning. Small venues, like cafes, which support artists and performers by hosting free events, won’t be able to cover the costs. And they shouldn’t have to. Art doesn’t need a licence, and nor do we to enjoy it.

What we are seeing is the hyper-regulation of everyday life where anything we choose to do spontaneously and between ourselves is seen as dangerous or threatening. The authorities want to monitor, codify and regulate the most normal, everyday interactions and behaviour.

March 27, 2012

Reason.tv: Obamacare goes to the Supreme Court

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 14:33

Does the fate of a federal government with limited powers rest in the hands of Supreme Court Justice Antonin Scalia? And if so, will he rule against broad federal powers (as he did in the Gonzales case) or in favor of the feds’ right to regulate just about anything (as he did in the Raich case)?

The Supreme Court case over The Affordable Care Act, a.k.a. Obamacare, “is certainly the most important case on the reach of federal power in 50 years” says attorney and legal scholar Timothy Sandefur of the Pacific Legal Foundation. “The constitutional principle of where is the line drawn on federal power — that’s a matter that our children and grandchildren will have to live with.”

The ruling will come sometime in early June, predicts Sandefur, who tells Reason.tv that the Affordable Care Act raises multiple constitutional issues: Can part of the law be struck down and other upheld? Is the “individual mandate,” which forces all Americans to purchase insurance as a condition of simply being alive, legal? Does the law’s massive expansion of Medicaid shred the right of states to govern their own finances?

March 26, 2012

Court rules that prostitution is still legal in Canada, strikes down other parts of law

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 10:32

Yes, prostitution is still legal … but some of the worst restrictions hedging it around have been declared unconstitutional:

The Court of Appeal for Ontario has swept aside some of the country’s anti-prostitution laws saying they place unconstitutional restrictions on prostitutes’ ability to protect themselves.

The landmark decision means sex workers will be able to hire drivers, bodyguards and support staff and work indoors in organized brothels or “bawdy houses,” while “exploitation” by pimps remains illegal.

However, openly soliciting customers on the street remains prohibited with the judges deeming that “a reasonable limit on the right to freedom of expression.”

The province’s highest court suspended the immediate implementation of striking the bawdy house law for a year to allow the government an opportunity to amend the Criminal Code.

[. . .]

The appeal stems from the legal oddity that while prostitution was not illegal, many activities surrounding it were, including running a brothel or bawdy house, communicating for the purpose of prostitution and living on money earned by a prostitute.

That disconnect led to a constitutional challenge mounted by three sex trade workers who say the laws prevented them from taking basic safety precautions, such as hiring a bodyguard, working indoors or spending time assessing potential clients in public.

March 25, 2012

Bryan Caplan: John Stuart Mill was over-rated

Filed under: Books, History, Liberty — Tags: , — Nicholas @ 09:32

Mill isn’t one of my favourite philosophers: I read On Liberty as a teenager, but most of it didn’t stick with me (probably more a reflection of my age than the work itself, I agree). Bryan Caplan makes a case for him being far more famous than he deserves:

One especially cringeworthy example: In the span of two pages in On Liberty, Mill names one “ultimate” principle and one “absolute” principle. His Ultimate Principle:

    It is proper to state that I forego any advantage which could be derived to my argument from the idea of abstract right, as a thing independent of utility. I regard utility as the ultimate appeal on all ethical questions…

His Absolute Principle:

    The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion.

You might think that Mill would argue that his Ultimate Principle implies his Absolute Principle — or at least that that the two principles never conflict. That would be silly and dogmatic, but consistent.

[. . .]

Unfortunately for Mill, neither his Ultimate nor Absolute Principles leaves any role for mere “capability.” You could say, “If free and equal discussion will improve a person, you should respect his liberty.” When words work, there’s no reason to resort to beatings. But after free and equal discussion fails to open the eyes of a person capable of free and equal discussion, why not try coercion? No matter what a person’s “capabilities,” Mill’s Ultimate Principle commands coercion and his Absolute Principle forbids it.

Britain’s stealth decriminalization of marijuana

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 09:18

An interesting post at The Economist on the recent changes to law and police practices in Britain in regard to cannabis cultivation and consumption:

Small growers are squeezing out both importers and the well-connected, often Vietnamese, gangs that once dominated domestic production. The big cannabis factories set up by the latter, with their telltale heat hazes, are fairly easy to spot. Smaller operations are often uncovered only when the electric lights start fires, or when local teenagers mount a burglary.

The police and the courts can neither keep up with the surge in small-scale production, nor are they desperately keen to do so. Last month the government published new sentencing guidelines that advised judges to treat small cultivators less strictly. Attitudes to smokers are softening, too. The reclassification of cannabis in 2009, from class C to the more stringent class B, was oddly accompanied by a more liberal approach to policing consumption. Users caught on the street are rarely arrested; rather, they are issued “cannabis cautions” (a reprimand which doesn’t appear on a criminal record) or fined.

[. . .]

Strangely, this lackadaisical approach is not encouraging people to take up the reefer habit. According to the European Monitoring Centre for Drugs and Drug Addiction, the proportion of people who admit to having used cannabis in Britain has fallen more quickly than in any other European country over the past few years. Just 6.8% of adults told another survey that they used cannabis in 2010, down from 10.9% eight years earlier. The herb is now ubiquitous and effectively tolerated — and, perhaps as a result, not all that alluring.

There are more than ten reasons to oppose bill C-10

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

But I guess we have to start somewhere. Trinda L. Ernst has an article in the Toronto Star which compiles the top ten reasons to oppose the Conservatives’ most recent “tough on crime” bill:

Bill C-10 is titled The Safe Streets and Communities Act — an ironic name, considering that Canada already has some of the safest streets and communities in the world and a declining crime rate. This bill will do nothing to improve that state of affairs but, through its overreach and overreaction to imaginary problems, Bill C-10 could easily make it worse. It could eventually create the very problems it’s supposed to solve.

Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult. Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse. Canada is poised to repeat their mistake.

[. . .]

Canadians deserve accurate information about Bill C-10, its costs and its effects. This bill will change our country’s entire approach to crime at every stage of the justice system. It represents a huge step backwards; rather than prioritizing public safety, it emphasizes retribution above all else. It’s an approach that will make us less safe, less secure, and ultimately, less Canadian.

H/T to Bren McKenna for sending me the link.

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