Quotulatiousness

January 24, 2011

Recognizing the right to self-defence

Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 12:38

Lorne Gunter wants our government to recognize that Canadians have a right to self-defence:

Canadian officialdom is conducting an all-out assault against self-defence. Quite simply, few politicians, Crown prosecutors, judges, law professors and police commanders believe ordinary Canadians have any business using force to defend themselves, their loved ones, homes, farms or businesses.

The latest example of the campaign against self-defence comes from southern Ontario. In August, retired crane operator Ian Thomson, who lives near Port Colborne, awoke early in the morning to find masked men attempting to burn his house down with him in it. When he fired at them with a licensed handgun he had stored in a safe, he was charged.

How out-of-touch are police and prosecutors when you are not even allowed to defend yourself and your property from thugs attempting to incinerate you? Their attitude seems to be that it is better to die waiting for police to respond than to take matters into your own hands.

[. . .]

When Canada became independent at Confederation in 1867, Canadians retained the rights they had at the time as British subjects. These included three “absolute rights”: the right to personal liberty, the right to private property and the right to self-defence, up to and including the right to kill an attacker or burglar.

William Blackstone, Britain’s famous constitutional expert, argued the right to self-defence included the right to kill even an agent of the king found on one’s property after dark, uninvited. He also traced the right to armed self-defence back to the time of King Canute (995–1035) when subjects could be fined for failing to keep weapons for their own protection.

January 22, 2011

How Big Government fans cast their arguments

Filed under: Government, Liberty, Politics — Tags: , , — Nicholas @ 12:01

L.A. Liberty rounds up the rhetorical conventions of Big Government sympathizers:

With discussions of “rhetoric” in the air, I thought it timely to propose what I have observed — from online discussions, family get-togethers, and everything in between — as the archetypal rhetorical conventions of big government sympathizers (i.e. the left, generally, though not exclusively):

* deflections (altering or averting the basis of the discussion to a different but seemingly related topic),
* assertions of pathos (appeals to one’s emotions, usually in the form of a sad hypothetical or a specific personal account, intended to either pity a concession or portray the opposition as a monster; this could also take the form of fear mongering),
* assertions of ethos (attempts to find hypocrisy in the opposition’s position, either by alleging that a different position held by the opposition is counter to their opposition’s current position, or by simply alleging “You would sing a different tune if it were you [or other person you care about] who needed [said government program]”)
* ad hominem attacks (related to pathos, such an attack charges either the opposition or another person who shares the opposition’s position in order to render an argument invalid, this often takes the form of accusations of racism, sexism, or some other form of bigotry),
* straw men (absurd conclusions, ostensibly based on the opposition’s argument, created in order to be refuted)
and perhaps most common of all…
* non-sequiturs (similar to straw men, these are failures in logic that assume incorrect conclusions; often a form of reducto ad absurdum based on incomplete or incorrect data)

These conventions can be explained by what is arguably the greatest weakness of big government sympathizers: a lack of reasoned thought and creativity that is the result of their inability to look beyond the status quo. In other words, because government does it, they have a hard time envisioning how it could be done without government.

January 20, 2011

QotD: The ongoing retreat of freedom of speech in Canada

It used to be there actually had to be a violent protest before public institutions caved in and cancelled controversial events. That was unjustifiable, too. Police and officials should always seek to protect law-abiding speakers and organizers from the angry mob. Those who seek to disrupt events just because they disagree with the speakers should be the ones inconvenienced, not those exercising their constitutional rights.

Now, though, it seems the mere whiff of protest is enough for officialdom to bow to would-be protestors’ demands. Get together a group of unhinged radicals or zealots in someone’s rumpus room, make a couple of angry phone calls and — poof! — you can get your way and silence free speech and free assembly. Organizers, especially those connected with public institutions such as universities, museums and galleries, apparently care not a whit about free expression or individual choice. Their first instinct is to crater to protestors; let the forces of oppression and extremism have their way. Forget about preserving democracy and open debate, officials will act as the forces of censorship want.

Some of this has to do with the increased anger and vehemence of protestors, no doubt. In recent years, young lefties in particular have convinced themselves that only their positions are fact-based and only their positions can save the world. All other opinions are lies, as well as being threats to mankind and the planet. Therefore they are justified in any action they take to stymie opposing views, which they also believe are unworthy of free speech protection. They truly believe they are doing a public service when they shout down speakers or force the cancellation of events by smashing windows or jostling attendees outside the doors.

Lorne Gunter, “We’ve become a wimpy state, as well as a nanny state”, National Post, 2011-01-20

January 17, 2011

Modern updates to Bierce’s Devil’s Dictionary

Filed under: Government, Humour, Liberty, Politics, Quotations — Nicholas @ 09:03

I’ve always been a big fan of Ambrose Bierce’s collection of definitions, The Devil’s Dictionary. Many of his definitions ended up in various places in my original quotations website, as more than a century later, they were still both funny and true.

Paul Bonneau has a list of updates in the Bierce tradition:

A Cynic’s Political Dictionary

Democracy: Mob rule.

Republic: A euphemism for “police state”. See “Police State”. Also, a geographical region in which representative government is practiced. See “Representative Government”.

Representative Government: A refinement in Democracy in which a mob of people select the least moral among them, to police their morals.

Representative: A politician who claims to be able to simultaneously represent two other people who hate each other’s guts. See “Politician”.

Senator: A politician who spends more time drunk. See “Politician”.

Election: A type of circus, provided for entertainment and for giving a veneer of legitimacy to politicians. See “Politician”.

Politician: A euphemism for “liar”.

Public Servant: A euphemism for “master”.

Voter: A euphemism for “slave”.

Media: People whose job it is to propagate politicians’ lies far and wide.

Political party: A collection of people who participate in mindless team sports in an election. See “Election”.

Democrat: A Republican who claims to care. See “Republican”.

Republican: A Democrat who claims to support liberty. See “Democrat”.

Minarchist: An Anarchist in training. See “Anarchist”.

Anarchist: A slave suffering slavery burn-out.

Government: An amalgamation of masters.

State (or Country): An amalgamation of masters and slaves. Also, a plantation.

Police: Overseers on the plantation; also, tax collectors.

Taxes: A euphemism for “plunder”.

Police State: Typically refers to a country other than the one you happen to be a slave in. Also, a place where other people mind your business.

Jail: A jobs program for jailers.

School: A jobs program for teachers.

Teacher: One who turns children into voters for the government. See “Voter”.

January 16, 2011

Caledonia discussed on “The Agenda”

Filed under: Cancon, Law, Liberty, Politics — Tags: , , — Nicholas @ 22:13

Publius has a post up with the interview of Christie Blatchford, author of Helpless on Steve Paikin’s TVO show The Agenda.

January 13, 2011

Offensensitivity, the Canadian disease

Filed under: Bureaucracy, Cancon, Liberty, Media — Tags: , , , — Nicholas @ 14:46

Banned on the radio in Canada, but still (for the moment) legal on the internet:

Update, 14 January: I’ve been informed that this video isn’t playing for some, and it’s not working for me now either. I guess it’s another one of those content licensing issues. So I guess I’ll have to make this change:

Banned on the radio in Canada, but still (for the moment) legal on the internet. Banned on the radio in Canada, AND on the internet.

January 6, 2011

Drug-sniffing dogs nowhere near as accurate as billed

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 13:17

Everyone loves dogs, right? They’re “man’s best friend”. They’re also a significant part of the war on drugs. And they’re far from infallible:

Drug-sniffing dogs can give police probable cause to root through cars by the roadside, but state data show the dogs have been wrong more often than they have been right about whether vehicles contain drugs or paraphernalia.

The dogs are trained to dig or sit when they smell drugs, which triggers automobile searches. But a Tribune analysis of three years of data for suburban departments found that only 44 percent of those alerts by the dogs led to the discovery of drugs or paraphernalia.

For Hispanic drivers, the success rate was just 27 percent.

For something as important in the arsenal of drug warriors, drug-sniffing dogs and their handlers don’t appear to have training standards of any consistency:

But even advocates for the use of drug-sniffing dogs agree with experts who say many dog-and-officer teams are poorly trained and prone to false alerts that lead to unjustified searches. Leading a dog around a car too many times or spending too long examining a vehicle, for example, can cause a dog to give a signal for drugs where there are none, experts said.

“If you don’t train, you can’t be confident in your dog,” said Alex Rothacker, a trainer who works with dozens of local drug-sniffing dogs. “A lot of dogs don’t train. A lot of dogs aren’t good.”

The dog teams are not held to any statutory standard of performance in Illinois or most other states, experts and dog handlers said, though private groups offer certification for the canines.

No standards for training? Lucrative police department budgets? Nope, no possible way that unscrupulous folks would ever take advantage of that opening.

December 17, 2010

QotD: “all players in the game have revealed themselves to be interventionists”

Filed under: Economics, Government, Liberty, Politics, Quotations, USA — Tags: — Nicholas @ 08:21

. . . all players in the game have revealed themselves to be interventionists. (Okay, we knew this already but confirmation is nice.) Regardless of party, they see the economy as something to fix by turning a knob here, pulling a lever there, and stepping on a pedal over yonder in order to get the desired performance: higher consumer spending, lower unemployment, increased investment, and so on. It’s as though the economy were a machine in need of adjustments and a few quarts of oil. But an economy is not a machine. It’s a network of people engaged in myriad exchanges of goods and services — pursuing end-oriented activities informed by subjective values and expectations. Such information is largely unavailable to politicians, bureaucrats, and their economic advisers.

With unemployment officially at 9.8 percent, the economy indeed remains in the doldrums. None of the palliatives that George W. Bush or Obama tried has worked, but instead of realizing that government and its corporate-state policies are the obstacles to a flourishing economy, the ruling elite remains committed to the managed economy. So it’s decided not to raise taxes — for two years — and to reduce the employee payroll tax — for one year. These expiration dates are signs of political management. Understanding the necessity of a freed market would lead one to call for permanent — not temporary — government retrenchment.

Some questions were apparently overlooked. If tax rates may go up in two years, why make tax-sensitive long-term plans? If the payroll tax is to be two points lower in 2011, that implies it will most likely be two points higher in 2012. Will people spend the extra money next year or save it in anticipation of the tax increase to come? At any rate, they will need to make an unpleasant adjustment in their household economies on January 1, 2012. People do think long term, even if politicians don’t.

Something worth noting about the debate is that there was scarcely an acknowledgment that money subject to taxation belongs to someone and not the State. You’d think it magically appears in a common pot and the government’s job is to ladle it out effectively and fairly. I can recall hearing only one member of Congress say, “It’s their money,” during a television interview about why tax rates shouldn’t go up on high-income people.

Sheldon Richman, “A Boost for the Managed Economy: What did you expect?”, The Freeman, 2010-12-17

December 16, 2010

Bruce Schneier on Security in 2020

Filed under: Economics, Liberty, Technology — Tags: , , , — Nicholas @ 12:48

Aside from all the ugly new terms coined to describe the phenomena, the evolution of security is one of the most under-appreciated stories of the decade. The next decade is going to be even more important to how we live our lives:

There’s really no such thing as security in the abstract. Security can only be defined in relation to something else. You’re secure from something or against something. In the next 10 years, the traditional definition of IT security — ­that it protects you from hackers, criminals, and other bad guys — ­will undergo a radical shift. Instead of protecting you from the bad guys, it will increasingly protect businesses and their business models from you.

Ten years ago, the big conceptual change in IT security was deperimeterization. A wordlike grouping of 18 letters with both a prefix and a suffix, it has to be the ugliest word our industry invented. The concept, though — ­the dissolution of the strict boundaries between the internal and external network — was both real and important.

So, that was then. This is now:

Today, two other conceptual changes matter. The first is consumerization. Another ponderous invented word, it’s the idea that consumers get the cool new gadgets first, and demand to do their work on them. Employees already have their laptops configured just the way they like them, and they don’t want another one just for getting through the corporate VPN. They’re already reading their mail on their BlackBerrys or iPads. They already have a home computer, and it’s cooler than the standard issue IT department machine. Network administrators are increasingly losing control over clients.

This trend will only increase. Consumer devices will become trendier, cheaper, and more integrated; and younger people are already used to using their own stuff on their school networks. It’s a recapitulation of the PC revolution. The centralized computer center concept was shaken by people buying PCs to run VisiCalc; now it’s iPads and Android smart phones.

I’ve certainly noticed this myself: it was forced to my attention a couple of years ago, when a change of employment required me to buy and maintain my own “business” computer and software. Without seriously stressing my wallet, I was able to buy far more capable equipment than my previous employer had provided. Being able to check my email on multiple devices was very important, and once I’d started doing that, I realized the need to do many other things regardless of the machine I happened to be using. There are, of course, trade-offs involved:

The second conceptual change comes from cloud computing: our increasing tendency to store our data elsewhere. Call it decentralization: our email, photos, books, music, and documents are stored somewhere, and accessible to us through our consumer devices. The younger you are, the more you expect to get your digital stuff on the closest screen available. This is an important trend, because it signals the end of the hardware and operating system battles we’ve all lived with. Windows vs. Mac doesn’t matter when all you need is a web browser. Computers become temporary; user backup becomes irrelevant. It’s all out there somewhere — ­and users are increasingly losing control over their data.

Anyway, there’s lots more interesting stuff. Go read the whole thing.

Former UK defence secretary calls for drug legalization

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 08:51

Why is it that they always seem to come to a sensible conclusion only after they’re in a position to do anything about it?

A former Labour minister was rebuked by Ed Miliband’s office today after calling for a “grown-up debate” to consider legalising drugs on the grounds that prohibition has failed to protect the public.

Bob Ainsworth, the MP for Coventry North East, who previously served as a drugs minister in the Home Office and as defence secretary, has claimed that the war on drugs has been “nothing short of a disaster” and that it was time to study other options, including decriminalising possession of drugs and legally regulating their production and supply.

His comments were met with dismay by the party leadership, while fellow backbencher John Mann claimed that Ainsworth “doesn’t know what he’s talking about”.

The problem is likely that while you’re in power, if you step too far out of line with the orthodox view, you risk being pushed out of power. Even so, it’s nice to see that sometimes politicians can see the forest for the trees:

Ainsworth, who claimed that his departure from the frontbenches now allowed him to express his “long-held view” on drugs policy, is due to lay out his case later today at a debate in Westminster Hall.

He said his ministerial stint in the Home Office made him see that prohibition failed to reduce the harm that drugs cause in the UK, while his time as defence secretary with specific responsibilities in Afghanistan, “showed to me that the war on drugs creates the very conditions that perpetuate the illegal trade, while undermining international development and security”.

December 9, 2010

QotD: Ontario’s “restrictive, puritanical, liquor laws”

Filed under: Bureaucracy, Cancon, Law, Liberty, Quotations, Wine — Tags: , , , , , — Nicholas @ 00:20

Later in the trip we were at a Napa Valley winery. During our winery tour, the guide mentioned that if we filled out an order form we could have a case of wine delivered to home or office. Then she stopped, looked at my friend and me, and said, “Oh wait, not to Ontario. You guys are worse than Utah.” She proceeded to list all the countries they ship to, two of which have majority Muslim populations. But Ontario was too much trouble, so they gave up trying. We could buy the wine and bring it over the border ourselves, but if it were to be shipped across the border it would clearly be illegal.

Our restrictive, puritanical, liquor laws are not just limited to restricting products or preventing private stores from selling alcohol. On our trip it became a running joke to point out things that were banned in Ontario. Happy hour is illegal in Ontario. I pointed to a seasonal winter beer in at a convenience store with a cartoon picture of Santa Claus on the label and noted it would be banned in Ontario. There is cheap beer across the U.S. because of intense competition, but Ontario has a price floor of $1.07 per bottle.

So I pose the question that I was asked in the bar in San Francisco. Why are we so puritanical when it comes to alcohol?

Hugh MacIntyre, “Ontario’s liberalism dies at the brewery door”, National Post, 2010-12-08

December 7, 2010

Cool idea . . . don’t expect it to be allowed

Filed under: Bureaucracy, Law, Liberty, Technology — Tags: , , — Nicholas @ 07:24

This is a cool idea:

I am building a radar detector that plugs into your iPhone. When RadarLoc detects radar, it notifies other drivers in the area, making radar effectively visible for miles. I think of it as transparency in government. To the extent that visible traffic enforcement slows traffic, RadarLoc encourages law-abiding behavior.

RadarLoc is open source, open hardware and open data. My plan is to make the radar data available on RadarLoc.org, so anyone can build on it. If you don’t like my app, you can build your own–I tell you how to talk to the hardware and how to use the data service. Information wants to be free.

Unfortunately, radar traps are not actually there to encourage safer driving: they’re there as revenue sources. This is why (at least in some jurisdictions) you’re not supposed to warn other drivers of radar traps, even though by doing so you’re encouraging other drivers to drive more slowly (therefore making the road safer). Radar detectors of any kind are illegal in Ontario, for example.

H/T to Chris Anderson for the link.

December 6, 2010

QotD: Ignorance of the law is overwhelmingly common, and getting worse

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 13:07

The maxim “Ignorance of the law is no excuse” made sense back in the days when the only kind of acts that were illegal were genuine crimes that caused palpable harm to innocent victims: murder, rape, theft, etc.

But with the growth of the regulatory state, every individual is now subject to thousands of pages of densely written federal, provincial and municipal statutes and regulations. The law is also embodied in innumerable judicial decisions. And it’s all in continual flux: Regulations are passed without parliamentary debate, and courts release new judgments daily.

There is probably not a single law professor, judge or legislator in Canada who has even a passing familiarity with, let alone full comprehension of, all the laws we are required to obey. The average joe doesn’t stand a chance. We are all potential offenders every day, no matter how law-abiding we might wish to be.

Given this welter of law, how should those responsible for enforcing it conduct themselves?

Karen Selick, “Drop that pig and put your hands in the air”, National Post, 2010-12-06

December 5, 2010

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them”

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:54

Marc Lacey looks at the non-firearm right-to-carry movement:

Arizona used to be a knife carrier’s nightmare, with a patchwork of local laws that forced those inclined to strap Buck knives or other sharp objects to their belts to tread carefully as they moved from Phoenix (no knives except pocketknives) to Tempe (no knives at all) to Tucson (no knives on library grounds).

But that changed earlier this year when Arizona made its Legislature the sole arbiter of knife regulations. And because of loose restrictions on weapons here, Arizona is now considered a knife carrier’s dream, a place where everything from a samurai sword to a switchblade can be carried without a quibble.

Arizona’s transformation, and the recent lifting of a ban on switchblades, stilettos, dirks and daggers in New Hampshire, has given new life to the knife rights lobby, the little-known cousin of the more politically potent gun rights movement. Its vision is a knife-friendly America, where blades are viewed not as ominous but as tools — the equivalent of sharp-edged screw drivers or hammers — that serve useful purposes and can save lives as well as take them.

[. . .]

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them,” said D’Alton Holder, a veteran knife maker who lives in Wickenberg, Ariz. “It’s ridiculous to talk about the size of the knife as if that makes a difference. If you carry a machete that’s three feet long, it’s no more dangerous than any knife. You can do just as much damage with an inch-long blade, even a box cutter.”

[. . .]

“We had certain knives that were illegal, but I could walk down the street with a kitchen knife that I used to carve a turkey and that would be legal,” Ms. Coffey said. “I’d be more scared of a kitchen knife than a switchblade.”

She said switchblade bans were passed in the 1950s because of the menacing use of the knives in movies like “West Side Story” and “Rebel Without a Cause.”

Police complaint filed after Tom Flanagan’s “fatwa”

Filed under: Cancon, Government, Law, Liberty, Politics — Tags: , , , , — Nicholas @ 10:41

Consistency, people! If we condemn Islamic leaders who call for the death of people who “offend” Islam, we should also condemn Canadian political operatives who call for the assassination of Julian Assange:

Vancouver lawyer Gail Davidson filed a written complaint today (December 4) with Vancouver police and the RCMP against Prime Minister Stephen Harper’s former campaign manager, Tom Flanagan.

Davidson alleged that on a November 30 CBC television broadcast, Flanagan “counselled and/or incited the assassination of Julian Assange contrary to the Criminal Code of Canada”.

Assange is the founder of Wikileaks, which is releasing 250,000 U.S. diplomatic cables.

On the Power and Politics program hosted by Evan Solomon, Flanagan said: “Well, I think [Julian] Assange should be assassinated, actually. I think Obama should put out a contract and maybe use a drone or something.”

I doubt that the case will go very far, and it may not be meant to: it’s communicating a message.

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