Quotulatiousness

September 19, 2012

Jacob Sullum on the legacy of Thomas Szasz

Filed under: Health, Law, Liberty — Tags: , , , — Nicholas @ 08:48

Jacob Sullum‘s post on the influence the late Thomas Szasz had and continues to have:

The idea that psychiatry became scientifically rigorous soon after Szasz first likened it to alchemy and astrology is hard to take seriously. After all, it was not until 1973 that the American Psychiatric Association (APA) stopped calling homosexuality a mental disorder.

More often, psychiatry has expanded its domain. Today it encompasses myriad sins and foibles, including smoking, overeating, gambling, shoplifting, sexual promiscuity, pederasty, rambunctiousness, inattentiveness, social awkwardness, anxiety, sadness, and political extremism. If it can be described, it can be diagnosed, but only if the APA says so.

[. . .]

For more than half a century, Szasz stubbornly highlighted the hazards of joining such a fuzzy, subjective concept with the force of law through involuntary treatment, the insanity defense, and other psychiatrically informed policies.

Consider “sexually violent predators,” who are convicted and imprisoned based on the premise that they could have restrained themselves but failed to do so, then committed to mental hospitals after completing their sentences based on the premise that they suffer from irresistible urges and therefore pose an intolerable threat to public safety. From a Szaszian perspective, this incoherent theory is a cover for what is really going on: the retroactive enhancement of duly imposed sentences by politicians who decided certain criminals were getting off too lightly — a policy so plainly contrary to due process and the rule of law that it had to be dressed up in quasi-medical, pseudoscientific justifications.

Szasz specialized in puncturing such pretensions. He relentlessly attacked the “therapeutic state,” the unhealthy alliance of medicine and government that blesses all sorts of unjustified limits on liberty, ranging from the mandatory prescription system to laws against suicide.

September 18, 2012

Jaywalking in LA County: a capital offence

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 11:06

A very disturbing story at the Simple Justice blog:

Jonathan Cuevas was a jaywalker. That’s right, a jaywalker. And jaywalking is an offense. This means that those who are of the view that the simple solution to whatever stems from the commission of an offense is, by definition, justified. After all, Cuevas chose to jaywalk. He chose to commit the offense. So he has no one to blame for his killing than himself.

And if this is what you think, then you have lost any shred of humanity.

[. . .]

The gun is a red herring. Notwithstanding the fact that the video fails to show anything remotely suggesting that Cuevas pulled it on the unnamed deputy, and despite the absurdity of such a claim, he was shot, again and again, in the back as he ran away. There is no theory to explain an officer in fear from a person’s back as he ran away. This, of course, didn’t stop the police from asserting with absolute certainty that it happened.

Yet, there is not only a lack of focus on what is clearly shown in the video, but the possibility that it was wrong to execute Jonathan Cuevas for the heinous offense of jaywalking was dismissed because the police and district attorney “investigated.” After all, if they investigated and decided that this was a righteous shoot, what more is there to say?

September 3, 2012

The great maple syrup heist must have been an inside job

Filed under: Business, Cancon, Food — Tags: , , , — Nicholas @ 10:02

The first time I heard about Quebec’s strategic maple syrup reserve was when someone made off with a quarter of the province’s sweet, sticky liquid:

On Friday, news broke that thieves had stolen $30 million dollars worth of Quebec’s strategic maple syrup reserves. Much as the United States keeps a stock of extra oil buried in underground salt caverns to use in case of a geopolitical emergency, the Federation of Quebec Maple Syrup Producers has been managing warehouses full of surplus sweetener since 2000. The crooks seem to have made off with more than a quarter of the province’s backup supply.

[. . .]

But harvesting maple is a fickle business, and that makes expanding the industry tricky. The trees need cold nights and mildly warm days to yield sap, meaning production can vary greatly year to year based on the weather. That’s a potential problem for the big syrup buyers, whether they’re bottlers or large food companies that make cookies or cereal. Quaker can’t pour a bunch of time and money into developing a maple-and-brown-sugar-flavored version of Life, only to find out it won’t be able to get enough of its ingredients, or that they’ll have to pay through the nose for each liter of syrup.

H/T to Nicholas Packwood for the link.

August 29, 2012

Brendan O’Neill on the rape debate

Filed under: Britain, Law, Politics — Tags: , , — Nicholas @ 09:09

Always willing to take a contrarian stand, Brendan O’Neill refutes the very common meme:

In the words of Salma Yaqoob of Galloway’s Respect party, “rape occurs when a woman has not consented to sex”. Or in the widely reported phrasing of a spokesperson for Rape Crisis, “Sex without consent is rape”.

This sounds correct. It seems simple yet right to assert that if a woman has not consented to sex, then rape has occurred.

But it is wrong. More than that, the idea that all “non-consensual sex is rape”, as Galloway himself has now said in his clarification of his defence of Assange, represents a dangerous rewriting of what rape really means.

Feminists always focus on the state of mind of the woman or women involved in an alleged rape and disregard the state of mind of the man.

This is a terrible error, because in order for rape to have occurred, it is not enough to prove that the woman did not consent; we must also surely prove that the man knows she did not consent, or was utterly reckless as to the question of her consent, and carried on regardless.

That is, rape must involve an intention on the part of the man to commit rape. The man must have a guilty mind — or what is referred to in law as mens rea — in the sense that he knows he is committing rape. In leaving out this key component of rape, feminists are not only undermining the meaning and gravity of this crime — they are also displaying a cavalier disregard for some of the key democratic principles of the modern legal system.

August 20, 2012

Why scam artists will never miss a meal

Filed under: Business, Economics — Tags: , — Nicholas @ 15:59

Megan McArdle on the perpetual lure of getting something for nothing:

…fraudsters and Ponzi schemers do not succeed at their scams merely because we let them. Recent financial frauds have big dollar signs attached, but at their heart, they’re often not much different from Nigerian email scams or a three-card monte game. They work best when they let the mark believe he’s getting away with something — often something illegal, or at least dishonest. It’s an old saw that “you can’t cheat an honest man,” but it’s mostly true. We are most vulnerable to Ponzi schemes and other confidence tricks when we start to believe that we can cheat the universe — that we can get something for nothing. The best con men succeed mostly because we are so desperate to believe them.

Even spectacular cases of financial fraud usually turn out to be remarkably banal in their execution. Embezzling grotesque sums rarely seems to require dazzling financial wizardry; all it takes is some basic clerical skills and a willingness to deceive.

After Peregrine Financial imploded last July, the firm’s president, Russell Wasendorf, confessed in a note related to a botched suicide attempt how he had misappropriated what seems to be more than half of his clients’ funds. The fraud was breathtaking in its audacity, and its simplicity: Wasendorf had been intercepting the bank statements and counterfeiting new ones using Photoshop and Excel. When auditors and regulators started confirming balances with banks, Wasendorf opened a P.O. box and put the address on the fake bank statements. When regulators started looking at online banking statements, he learned to fake those, too.

Bernie Madoff’s strategy wasn’t much more technically sophisticated than Wasendorf’s. And yet it seems to have been going on since at least the late 1980s, in large part because Madoff’s investors wanted an essentially guaranteed return of more than three times the annual rate of U.S. economic growth. They wanted, in short, to make quite a lot of money without working.

August 10, 2012

Drink some rainwater, go to jail

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 11:09

A 1925 law still applies in Oregon:

You just can’t make this stuff up. A man in Oregon is currently in jail serving a thirty day term – along with a $1500 fine – for collecting rainwater and snow melt on his own property for drinking and household use. You think I’m kidding? I’m not.

    Gary Harrington, the Oregon man convicted of collecting rainwater and snow runoff on his rural property surrendered Wednesday morning to begin serving his 30-day, jail sentence in Medford, Ore.

    “I’m sacrificing my liberty so we can stand up as a country and stand for our liberty,” Harrington told a small crowd of people gathered outside of the Jackson County (Ore.) Jail.

H/T to Jon, my former virtual landlord, who said “This is just a little weird […] But does the fact that I can see the point of the law — preventing people from messing with a watershed area, I guess — mean that I’ve consumed the nanny state kool-aid?”.

July 19, 2012

Multiculturalism and suttee in the Raj

Filed under: Britain, History, India, Law, Religion — Tags: , , , — Nicholas @ 10:30

ESR on a famous incident in British India in the 1840s:

The first lesson is for the various sorts who call themselves “multiculturalists” and “moral relativists”. Napier showed us that these ostensibly liberating doctrines actually translate into “might makes right” — that, in the absence of a common normative ethical framework, disputes about “custom” will be won by the tribe with the most ability and will to use force.

The second lesson is for people who, having noticed than relativism and multiculturism are a road to ruination and blood, then argue that we must fall back on religion as the only possible source of truly universal ethical norms (If God is dead, is anything permissible?). Notice that the would-be widow-burners are priests? The “custom” they are arguing for is exactly their bid in the game of if-you-accept-my-religious-premises.

Napier, in promising those priests a hanging, says nothing of any religious counter-conviction of his own. And it would make no difference to the lesson if he had — except, perhaps, to underline the point that religion is just another form of tribal particularism and thus fundamentally unable to lift us away from the bloody muck of might-makes-right.

July 18, 2012

Toronto’s gun problem

Filed under: Cancon, Media — Tags: , , , , , — Nicholas @ 13:41

No, not a problem with guns per se, but a problem with the image of guns. Jonathan Kay tries to do a quick psycho-analysis of Toronto’s issue here:

The primary tragedy of urban gun violence is, of course, that it kills people — including 14-year-old Shyanne Charles and 23-year-old Joshua Yasay, who were slain in Scarborough this week. A secondary ill effect is that it produces paralyzing anxiety in millions of otherwise unaffected people, largely thanks to sensationalistic media reporting that encourages the idea we are all inhabiting some kind of anything-goes “war zone.” As I’ve written before, gun violence in Toronto is largely confined to a small set of areas, and a small set of social and criminal contexts. For the average citizen, the chance of suicide or death-by-domestic-battery is much, much higher than the chance of becoming collateral damage in a gang killing.

But it’s not hard to figure out why scared housewives are canceling their zoo trips when the Toronto Star is blaring out headlines like “Mass shooting on Danzig puts the lie to Toronto’s ‘safe city’ mantra.”

Combine that headline with the lurid, disturbingly blood-fixated Rosie DiManno column that sits under those words, and a clear message emerges: Torontonians have been living in a dream world, going about their parenting and work lives in blissful ignorance of the warring gangs who are probably just around the corner, ready to march up the street, spraying the whole area with machine gun fire. Even the lemur isn’t safe: They’ll probably shoot him, too.

As I’ve noted, Chicago — a city with a population close to Toronto’s 2.6-million — witnesses about 10 times as many murders every year as Hogtown. And as Marni Soupcoff wrote earlier this week, tiny Detroit has had 184 murders this year, compared to Toronto’s 28. To repeat what’s been written: Among the American cities that witnessed more murders than Toronto in 2011 were Nashville (pop. 616,000), Tulsa, Okla (pop. 393,000), and Stockton, Cal. (292,000). In per-capita terms, Toronto has a substantially smaller homicide problem than Winnipeg and Edmonton.

And one must remember that Toronto has a unique view of itself and its role in the world:

Another factor is Toronto’s bizarrely inflated view of itself as a civic nirvana, to which the rest of the world is constantly gazing as a sort of Light Unto Cities. When anything bad happens, we naturally assume that the entire planet is gasping in horror and disappointment. In 2010, for instance, when a few dozen windows got broken at the G20 Summit here, Canadian journalists truly believed that the news would make banner headlines on other continents — and that we would have a “black eye” that would last for generations.

Regarding the shootings in Scarborough, this Reddit item is worth reading.

Update: Margaret Wente in the Globe and Mail:

… In certain neighbourhoods, a war is on. It’s a war against peace and order waged by the forces of social disintegration. It’s the same war that killed Jane Creba in 2005, two people at the Eaton Centre last month and dozens of other victims who happened to be in the wrong place at the wrong time. The single most significant root cause is not guns or crummy housing or racism or inadequate policing or lenient sentencing or lack of jobs or insufficient social programs. It is family and community breakdown. Most especially, it’s absent fathers.

Social programs are essential. But all the social programs in the world can’t make up for family disintegration.

[. . .]

Family disintegration is not a racial problem. It is an underclass problem. The evidence is plain that children born to unmarried women – of whatever race – do much worse than children with two married parents. They’re less likely to succeed in school and more likely to turn to violence (boys) and promiscuity (girls). The easiest way for them to feel like someone is to grab a gun or have a baby.

So by all means, let’s redevelop public housing, strengthen our policing, hire more youth workers, launch more employment programs, start more basketball programs, help young mothers finish school and teach them how to read to their kids. It makes us feel good to focus on these things because they are things we can actually do something about, and maybe they will make a difference. But let’s not kid ourselves: They’re Band-Aid solutions.

We have a million euphemisms for what’s gone wrong in our so-called “priority” neighbourhoods, a splendidly euphemistic term that has replaced “at-risk,” “disadvantaged,” “underprivileged” and “poor.” By now, it should be obvious that material poverty is not the problem – not when every kid in a priority neighbourhood has a cellphone and a flat-screen TV. Their poverty is of a different, more corrosive kind: a poverty of expectations, role models, structure, consistency, discipline and support.

Even our euphemisms have euphemisms these days. They do nothing to solve the problem, but they allow the problem to be discussed at such a distance from reality that the lack of solution is generally hidden from view.

Until the next shooting.

July 9, 2012

Adrian Peterson on his arrest, sort of

Filed under: Football, Law, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 08:06

The first word directly from Adrian Peterson after his arrest in Houston this weekend:

H/T to Christopher Gates at the Daily Norseman.

July 8, 2012

Apparently in Texas you can be arrested merely for “resisting arrest”

Filed under: Football, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:09

In what must be the worst kind of news for Minnesota Vikings fans, star running back Adrian Peterson was arrested early Saturday morning for … resisting arrest. ProFootballTalk has the report:

A source with knowledge of the situation tells PFT that the incident culminating in Peterson’s arrest was captured by one or more surveillance cameras. Multiple persons also witnessed the event.

According to the source, Peterson, his girlfriend, and some family members were at a nightclub in Houston. At closing time, a group of police officers entered the club, and they began instructing the remaining patrons to leave.

Peterson wanted to get some water before he left, but an officer told Peterson that he needed to leave. Some words apparently were exchanged, but Peterson eventually walked to the exit with one of the club’s bouncers.

It’s believed that one of the officers then jumped on Peterson’s back from behind and tried to take him down. (Key word: “tried.”) Other officers then joined the fray and completed the arrest.

Peterson was charged with resisting arrest, which implies he was being arrested for something else. He is charged for now with no other crime.

I was under the vague impression that to be charged with “resisting arrest” you’d have to already be wanted by the police for doing something that warranted arrest. Based on the initial reports, it doesn’t sound like Peterson did anything before he was arrested to justify arresting him … unless it’s a case of a police officer deciding that he’d been disrespected. We’ll have to wait until more of the information becomes available.

Update: Contrasting with the initial report, Dan Zinski of The Viking Age says Peterson was “heavily intoxicated” at the time:

More on Adrian’s incident, and this isn’t flattering. The general manager of the club where Adrian Peterson was arrested after allegedly pushing an off-duty cop has told website TMZ that the running back was “heavily intoxicated” at the time of the incident. A police report says Peterson became belligerent after he and his companions were told the leave the bar, and ended up being subdued by three officers.

Live at Bayou Place general manager Daniel Maher says Peterson tried to order one last drink after being told to leave, and after being denied, tried to intimidate the bartender into giving him the drink anyway. It was at this point that Maher himself intervened, but Peterson refused to listen to him. The off-duty cop then broke in and was shoved by Peterson, leading to the Viking being hauled in for a misdemeanor A count of resisting arrest.

Update the second: At Viking Update, John Holler provides a bit of background (which may or may not be relevant to this particular case, but is interesting anyway):

The interesting aspect of the Peterson incident is that the only charge he was hit with was resisting arrest. He wasn’t charged with assaulting an officer. Had he actually shoved a policeman to the point that he “stumbled,” it would seem logical that charges of assaulting of an officer would also have been leveled. Therein lies the need to hear both sides of the story.

I come from a different perspective than most on this type of subject. I have been involved with “bouncer dust-ups” on the wrong side. Yet, three of my best friends are or were cops. I could accurately be accused of being “cop-friendly.” Of the numbers saved in my phone, a half-dozen of them are cops. When they’re “moonlighting,” it’s a night off for them. The odds of them getting shot as the result of a meth-addled domestic abuse call are out of the question. In those situations, they are truly “in charge.” And they like it that way.

When a bouncer (cop or otherwise) is working “his turf,” he can be aggressive. Very aggressive. As tenuous as life is in the NFL, the reality is that “hired muscle” at a nightclub can’t lose if he gets in a dust-up with a drunken patron. Whether an off-duty policeman, a local college football player or just a big guy who casts an imposing shadow, “security” at a big-time nightclub is expected to quell all problems — exceptions not allowed.

In order to do so, off-duty cops (trust me when I tell you that they’re never truly off-duty) aren’t going to take any guff from anyone. They have the experience. They have the sobriety advantage.

If the Peterson matter actually goes to court — the smart money would say that only a hard-core prosecutor would push the case — it will be destroyed by competent legal representation on Peterson’s behalf.

June 12, 2012

Stop worrying about the approaching police state: it’s already here

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 13:18

I saw Twitter updates about this, but I assumed it was an Onion story that someone didn’t recognize as being from a parody news site. I was wrong:

The police state is not only here — it is being welcomed with open arms.

Exhibit A: In Aurora, Colorado, police searching for suspected bank robbers locked down an entire intersection, dragooned 40 random motorists out of their cars at gunpoint, handcuffed them and “asked” for permission to search their vehicles. [. . .]

Naturally, no one refused permission.

The action itself is startling: 40 people, guilty of nothing more than proximity, of being in the same general area where a suspected criminal might also be, are literally pulled from their vehicles, shackled and detained for more than two hours — even after it was obvious they were guilty of no crime at all.

Even more startling, however, than these over-the-top tactics is the fact that (apparently) every one of these 40 innocent people complied without a peep of protest. Not one said: “I’m sorry officer, but unless I’ve committed a crime I’d like to be free to go about my business.” Not one said, “I do not consent to any searches.”

None put up a fuss when the cuffs came out.

One woman interviewed by ABC News clucked happily: “Yeah, we all got cuffed (laugh) until they figured out who did what.” No doubt this woman will not object when a gang of armed men kicks in her door, invades her home and holds her family at gunpoint until they figure out who did what. After all, there are criminals about. They could be anywhere. Which means, anything is justified.

In the words of one ABC News blogger, “Sounds like the police did their job — and did it exceptionally well!” And another: “I think the police did a great job in an unusual circumstance and protected the people of the city from a dangerous criminal. Those people should praise the police, not sue them!”

It’s amazing that none of these people who were the victims of an insane amount of police overreaction seem to feel that the police did anything wrong. There must not be a civil liberty equivalent of the ambulance-chasing lawyer.

June 2, 2012

The end of a weird week in Canadian journalism

Filed under: Cancon, Media — Tags: , , , , , , — Nicholas @ 10:26

David Akin on all the unusual happenings over the past week:

I suspect Alex felt that way because he and his staff had to deal with a) the ongoing battle between students and Premier Jean Charest b) a grisly murder that forced police in Montreal to issue an international warrant for kitten-killing gay porn star Luka Magnotta c) a freak rain storm that put 70 mm of water on the ground in 30 minutes pretty much flooding most of downtown Montreal for an afternoon. But enough of that, let’s get to God using a bear to deliver God’s own brand of justice [. . .]

“The corpse of a man eaten by a B.C. bear was that of a convicted killer, officials have confirmed.”

[. . .]

“46 mm of rain in half an hour floods Montreal.”

[. . .]

On Friday, heavy rain would contribute to flooding which would end up flooding and shutting down Toronto’s Union Station on Friday causing commuter chaos

[. . .]

The Montreal flash floods occurred as Quebec Premier Jean Charest was trying to broker a deal with post-secondary students who have been “on strike” for more than 3 months because they don’t want to pay an extra $350 or so a year in tuition — over five years. Charest has been over-patient. The students have been, as they say on St. Urbain Street, “stiff-necked”. So the two sides met and then talks broke down.

All that, plus the kitten-killing, body dismembering fugitive porn star…

May 25, 2012

Ottawa assault and robbery victim spent 75 days behind bars after 911 call

Filed under: Cancon, Law — Tags: , , — Nicholas @ 08:57

The Ottawa police have promised an investigation into this weird miscarriage of justice:

Ottawa police are investigating how an elderly victim of a vicious attack in his home ended up spending 75 days in jail after calling 911 for help.

Marian Andrzejewski, 74, called 911 after two men broke into his Ottawa apartment in October 2010, robbed him and punched him repeatedly.

But instead of getting help, Andrzejewski was scolded by the dispatcher when he struggled to communicate in broken English and ended up in handcuffs himself when police finally arrived.

H/T to Mike Brock for the link.

May 21, 2012

Obama’s drug warrior stance would have destroyed the life of a young Obama if he’d been caught

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 11:07

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard f*cking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-a** college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in f*cking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Partial transcript from the Huffington Post.

May 18, 2012

Conservative arguments for legalization of marijuana

Filed under: Cancon, Economics, Law, Liberty — Tags: , , , — Nicholas @ 00:02

Frances Woolley at the Worthwhile Canadian Initiative blog:

Milton Friedman — Nobel Laureate in Economics and adviser to Ronald Reagan — supported legalizing and taxing marijuana. Stephen Easton’s classic paper advocating marijuana legalization was published by the Fraser Institute. Why do so many right-leaning economists favour marijuana legalization?

Conservative economists typically believe that a person is a best judge of what is in his or her own interests. From this premise it follows that the government should not try to constrain or influence people’s behaviour. Yes, marijuana use has well-documented negative side effects, from memory loss to male breast growth. Yet if fully informed individuals decide that these personal costs are worth accepting for the benefits that marijuana use brings, the government should respect that choice. As Willie Nelson says “I smoke pot and it is none of the government’s business.”

[. . .]

Another reason for conservatives to favour legalization and taxation of marijuana is that they do not like paying taxes. Criminalization costs. According to a 2005 US study, legalization would save state and local governments $5.3 billion annually in reduced enforcement costs, while the federal government would gain another $2.4 billion federally. Locking up people for possession of a small amount of marijuana is a waste of resources, and good fiscal conservatives deplore waste.Taxing marijuana would be a money-maker: $6.2 billion annually, if marijuana were taxed at rates similar to those on alcohol and tobacco, according to this same 2005 report.Those revenues could be used to reduce deficits, or fund reductions in the taxes paid by conservative economists.

Conservatives have lots of good reasons to favour legalization. The people who should be fighting legalization are the small scale growers: little family-run organic pot farms wouldn’t stand a chance against industrial scale agri-business.

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