Quotulatiousness

March 11, 2012

Tim Worstall on “Protestant” and “Catholic” laws

Filed under: History, Law, Religion — Tags: , , , — Nicholas @ 10:41

No, not the differing flavours of Christianity themselves, but more their different approaches to understanding and interpreting the law:

The Protestant revolution was, in part (it never does to strain these analogy/simile things too much) that the Bible, when in the vernacular, as clear an outline of God’s will as any should need. Intervention was not needed, a man could commune directly with the Word and the Will of God.

On the matter of the law I am a Protestant. As rigid and unyielding as any Puritan, Lutheran or Calvinist. With a twist of course: the law must be written so that it can be understood directly, without that intervention of the priestly caste of lawyers, accountants, diversity advisors or bureaucrat’s helplines.

If you cannot write a law with the clarity of “thou shalt not kill” then go away and think through what it is that you’re trying to enact, the language that you are using to do so until you can, with clarity, tell us what it is that we must not do at fear of time in pokey.

That modern society is complex is no excuse. If you cannot write simple and simply understood laws then better that we have fewer laws.

That the Puritans went gargantuanly off the rails by using their new found revelations of God’s Will to tell everyone else what to do is true. But I do find it interesting that our new would be ruling class, the nomenklatura, are adopting such a Catholic view of the law. We’ll make it all so complex that no individual can understand it and thus there is the necessity of that nomenklatura to tell people what to do in detail by “interpreting” it.

Music control freaks? The Nazis got there well before you

Filed under: Europe, Germany, History, Liberty, Media — Tags: , , , , — Nicholas @ 10:27

J.J. Gould in The Atlantic a couple of months ago, but brought to my attention by the folks at BoingBoing:

Skvorecky left no shortage of legacies to remember him by, but one of the more notable themes in his nonfiction writing is an emphasis on, as Welch puts it, “the oftentime minute similarities between applied fascism and communism.” And some of Skvorecky’s more notable variations on that theme in turn are found in his recollections and insights on the common totalitarian hatred of, among all things, jazz.

[. . .]

Anyone who finds this proposition fascinating won’t, I promise, be disappointed to read the rest of this book, or for that matter all of Talkin’ Moscow Blues: Essays About Literature, Politics, Movies, and Jazz. But maybe the single most remarkable example of 20th-century totalitarian invective against jazz that Skvorecky ever relayed was here in the intro to The Bass Saxophone, where he recalls — faithfully, he assures us (“they had engraved themselves deeply on my mind”) — a set of regulations, issued by a Gauleiter — a regional official for the Reich — as binding on all local dance orchestras during the Nazi occupation of Czechoslovakia. Get this:

  1. Pieces in foxtrot rhythm (so-called swing) are not to exceed 20% of the repertoires of light orchestras and dance bands;
  2. in this so-called jazz type repertoire, preference is to be given to compositions in a major key and to lyrics expressing joy in life rather than Jewishly gloomy lyrics;
  3. As to tempo, preference is also to be given to brisk compositions over slow ones so-called blues); however, the pace must not exceed a certain degree of allegro, commensurate with the Aryan sense of discipline and moderation. On no account will Negroid excesses in tempo (so-called hot jazz) or in solo performances (so-called breaks) be tolerated;
  4. so-called jazz compositions may contain at most 10% syncopation; the remainder must consist of a natural legato movement devoid of the hysterical rhythmic reverses characteristic of the barbarian races and conductive to dark instincts alien to the German people (so-called riffs);
  5. strictly prohibited is the use of instruments alien to the German spirit (so-called cowbells, flexatone, brushes, etc.) as well as all mutes which turn the noble sound of wind and brass instruments into a Jewish-Freemasonic yowl (so-called wa-wa, hat, etc.);
  6. also prohibited are so-called drum breaks longer than half a bar in four-quarter beat (except in stylized military marches);
  7. the double bass must be played solely with the bow in so-called jazz compositions;
  8. plucking of the strings is prohibited, since it is damaging to the instrument and detrimental to Aryan musicality; if a so-called pizzicato effect is absolutely desirable for the character of the composition, strict care must be taken lest the string be allowed to patter on the sordine, which is henceforth forbidden;
  9. musicians are likewise forbidden to make vocal improvisations (so-called scat);
  10. all light orchestras and dance bands are advised to restrict the use of saxophones of all keys and to substitute for them the violin-cello, the viola or possibly a suitable folk instrument.

March 3, 2012

Three persistent myths about the Great Depression, the New Deal, and World War 2

Filed under: Economics, Government, History, USA, WW2 — Tags: , , , — Nicholas @ 00:08

Historian Stephen Davies names three persistent myths about the Great Depression. Myth #1: Herbert Hoover was a laissez-faire president, and it was his lack of action that lead to an economic collapse. Davies argues that in fact, Hoover was a very interventionist president, and it was his intervening in the economy that made matters worse. Myth #2: The New Deal ended the Great Depression. Davies argues that the New Deal actually made matters worse. In other countries, the Great Depression ended much sooner and more quickly than it did in the United States. Myth #3: World War II ended the Great Depression. Davies explains that military production is not real wealth; wars destroy wealth, they do not create wealth. In fact, examination of the historical data reveals that the U.S. economy did not really start to recover until after WWII was over.

February 28, 2012

The palpable disappointment of discovering there isn’t a vast “denier” conspiracy

Filed under: Environment, Liberty, Media, Politics — Tags: , , , , , — Nicholas @ 10:45

Ben Pile discusses the huge letdown for environmental activists that the Heartland Institute revelations merely revealed that there isn’t a huge, shadowy conspiracy to discredit them:

When internal documents from a libertarian think tank — the Heartland Institute, known for its sceptical views on climate change — were published on the internet recently, climate-change activists around the world were elated. The leak seemed to reveal the existence of a conspiracy to distort science and impede political progress on solving climate change, just as activists had claimed. But the celebrations turned sour when one of the documents turned out to be fake, and the remainder turned out to reveal nothing remarkable. Rather than telling us anything about organised ‘climate-change denial’, this silly affair reveals much more about environmentalists.

One of the endlessly recurring themes of the environmental narrative is — in the words of the man at the centre of the ‘Fakegate’ mess, water and climate researcher Peter Gleick — that an ‘anonymous, well-funded, and coordinated’ effort exists ‘to cast doubt on climate science’, and ‘muddy public understanding about climate science and policy’. According to this mythology, right-leaning think tanks are funded by big energy companies that are keen to protect their profits from environmental regulation.

There are two problems for environmentalists convinced by this mythology.

The first is that it has never been plausible. Large corporations do not suffer from regulation. They are simply able to pass costs on to the consumer. Moreover, regulation creates firm ground on which to base longer-term strategic decisions about capital investments. And finally, regulation creates opportunities for companies that are able to mobilise resources to enter new markets. Wind farms, for example, are not cottage industries. Regulation suits larger companies.

The second problem for environmentalists has been to demonstrate that the myth is anything more than a myth. An ongoing Greenpeace project launched in 2004, for instance, aimed to provide a ‘database of information on the corporate-funded anti-environmental movement’. However, the sums of money involved were paltry. According to Greenpeace, the Competitive Enterprise Institute, one of the most vilified organisations, had received just $2million from Exxon between 1998 and 2005. Yet between 1994 and 2005, total donations to Greenpeace amounted to over $2 billion. According to the greens’ conspiratorial narrative, a handful of conservative think tanks with relatively small resources were seemingly able to undo the campaigning of a host of huge international environmental NGOs, national governments, international agencies, and yes, corporate interests, whose combined resources were many, many thousands of times greater.

February 27, 2012

Goodbye and good riddance to the architect of “Canadian Content” media rules

Filed under: Cancon, Media — Tags: , , , , — Nicholas @ 10:28

Marni Soupcoff on the lasting legacy of former CRTC head Pierre Juneau, the mandatory “CanCon” ratio for TV and radio:

Former CBC and CRTC president Pierre Juneau died last week at the age of 89, and the requisite obituaries followed. Almost all of them congratulated Mr. Juneau on his most well-known achievement: having mandated minimum standards for Canadian content on radio and television. It is an unfortunate legacy.

The troubles with CanCon requirements are both moral and practical: It is not simply wrong to try to forcibly engineer a population’s taste in music in television. It is also impossible. People like what they like, and if what they like is Canadian, they will watch and listen to it even absent rules dictating that they must. If what they like isn’t Canadian, rules saturating the airwaves with all the Loverboy ditties in the world won’t make them tune in.

So even if you aren’t bothered by CanCon rules’ violation of freedom of expression, you should at least ask yourself how effective the regulations can possibly be — especially today. More and more people are selecting their music and television shows on their own, now, picking an episode from iTunes here, a free song download from a band’s webpage there. The idea that the nation’s culture can be shaped by mandating the nationality of prime-time content on TV networks and radio stations is as antiquated as it was flawed to start with. And we’re wasting money and time by continuing to force media outlets to comply.

And yes, my Cancon blog category is a backhand at the longstanding regulation.

February 25, 2012

Reason.tv: Banning drugs, banning same-sex marriage, and banning fun

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

February 23, 2012

Reason.tv: Months later, still no charges in the Gibson Guitar raid

Filed under: Bureaucracy, Government, Law, USA, Woodworking — Tags: , , , , — Nicholas @ 13:36

Earlier posts on the Gibson raid here, here, here, and here.

February 17, 2012

America’s galloping regulation state

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , — Nicholas @ 09:55

You know you’re becoming a regulation-for-the-sake-of-regulation state when even The Economist — whose current staff have never met an EU regulation they didn’t love to pieces — can correctly poke fun at you for your obsessive over-regulation of everything:

Americans love to laugh at ridiculous regulations. A Florida law requires vending-machine labels to urge the public to file a report if the label is not there. The Federal Railroad Administration insists that all trains must be painted with an “F” at the front, so you can tell which end is which. Bureaucratic busybodies in Bethesda, Maryland, have shut down children’s lemonade stands because the enterprising young moppets did not have trading licences. The list goes hilariously on.

But red tape in America is no laughing matter. The problem is not the rules that are self-evidently absurd. It is the ones that sound reasonable on their own but impose a huge burden collectively. America is meant to be the home of laissez-faire. Unlike Europeans, whose lives have long been circumscribed by meddling governments and diktats from Brussels, Americans are supposed to be free to choose, for better or for worse. Yet for some time America has been straying from this ideal.

[. . .]

Two forces make American laws too complex. One is hubris. Many lawmakers seem to believe that they can lay down rules to govern every eventuality. Examples range from the merely annoying (eg, a proposed code for nurseries in Colorado that specifies how many crayons each box must contain) to the delusional (eg, the conceit of Dodd-Frank that you can anticipate and ban every nasty trick financiers will dream up in the future). Far from preventing abuses, complexity creates loopholes that the shrewd can abuse with impunity.

The other force that makes American laws complex is lobbying. The government’s drive to micromanage so many activities creates a huge incentive for interest groups to push for special favours. When a bill is hundreds of pages long, it is not hard for congressmen to slip in clauses that benefit their chums and campaign donors. The health-care bill included tons of favours for the pushy. Congress’s last, failed attempt to regulate greenhouse gases was even worse.

February 4, 2012

The true slippery slope in the Ian Thomson case

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 11:24

Rex Murphy gets to the bottom of the crown’s odd fixation on prosecuting Ian Thomson for successfully scaring off arsonists who attempted to burn his house down around him:

Mr. Thomson is alive, his house stands, but the Crown is still busy with him. Why is this man being punished for self-defence? Why are the Crown prosecutors making his already tormented life more miserable?

I can only suggest it is because in this, as in similar cases, our caring authorities are uncomfortable with the idea of a citizenry that retains some common sense and courage when it comes to self-protection or the protection of their property. Why, here in Toronto two years ago, a Chinese-Canadian merchant was himself charged with nothing less than “kidnapping” when he, with some help, captured a chronic shoplifter and thief. The “kidnapping” amounted to holding the wretch that was robbing him till the police arrived. They charged the storekeeper after making a deal with the thief. If this is not dread of a resourceful citizenry, then what is it?

Here’s another theory: Perhaps we have subscribed to the Thomas de Quincey school of criminology. De Quincy, as every schoolboy knows, was the great 19th-century author and essayist, the creator of the classic Confessions of an English Opium-Eater. He also penned two satirical, fearsomely prescient essays, beginning in 1827, on Murder Considered as one of the Fine Arts. In the second of these, he outlined an interesting perspective on how dabbling in one form of crime can gradually, almost imperceptibly, lead to other, more horrific, desperate and truly despicable matters:

“For if once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination … Many a man has dated his ruin from some murder or other that perhaps he thought little of at the time.” Very wise words indeed.

February 3, 2012

Reason.tv: A non-hagiographic analysis of FDR, the New Deal, and the expansion of federal power

Filed under: Economics, History, USA, WW2 — Tags: , , , , — Nicholas @ 14:16

February 2, 2012

In Arizona “any time two or more people work together to influence a vote … they instantly become a ‘political committee'”

Filed under: Bureaucracy, Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 13:08

What’s all this about “free speech” if you are legally encumbered with ridiculous regulations even before you speak?

Dina Galassini does not seem to pose a threat to Arizona’s civic integrity. But the government of the desert community of Fountain Hills believes you cannot be too careful. And state law empowers local governments to be vigilant against the lurking danger that political speech might occur before the speakers notify the government and comply with all the speech rules.

Last October, Galassini became annoyed — like many Ron Paul supporters, she is easily annoyed by government — about the city’s plan to augment its spending with a $29.6 million bond issue, to be voted on by mail by Nov. 8. On Oct. 6, she sent emails to 23 friends and acquaintances, urging them to write letters to newspapers and join her in two demonstrations against the bond measure. On Oct. 12, before she could organize the demonstrations, she received a stern letter from the town clerk: “I would strongly encourage you to cease any campaign-related activities until the requirements of the law have been met.”

State law — this is the state of John McCain, apostle of political purification through the regulation of political speech — says that any time two or more people work together to influence a vote on a ballot measure, they instantly become a “political committee.” This transformation triggers various requirements — registering with the government, filing forms, establishing a bank account for the “committee” even if it has raised no money and does not intend to. This must be done before members of this fictitious “committee” may speak.

Is Sino-Forest a typical Chinese company?

Filed under: China, Economics, Government, Law — Tags: , , , — Nicholas @ 09:52

Colby Cosh posted an initial article on the investigation into Sino-Forest’s business back in June:

Timber company Sino-Forest is locked in a fascinating battle for survival against Carson Block, a stock analyst with a mixed record of publicity attacks on Chinese-based enterprises. With professional analysts reluctant to say what they make of Block’s “strong sell” report on Sino-Forest, I’m in no position to endorse it as a piece of financial advice or investigative journalism. Considered strictly as entertainment, however, the report is remarkable.

Block has documented that Sino-Forest operates with extraordinary opacity for a company whose holdings are surely very widely distributed — particularly, one assumes, within Canada. Sino-Forest claims to be doing hundreds of millions of dollars’ worth of sales through mostly unidentified “authorized intermediaries” in China — traders who are apparently happy to let the company buy title to trees, hold them as they appreciate, take on the bulk of the costs and risks in the meantime, and then snap up revenues when the trees are eventually converted into wood products. Block, having poked around a bit in the literal Chinese backwoods, questions whether much if any of the reported underlying activity is happening.

[. . .]

Sino-Forest is refusing, despite intense pressure, to make a full disclosure of the identities of the “authorized intermediaries” who are making its money. The company claims that to do so would put it at a competitive disadvantage, which makes one wonder why its business model ought to depend so heavily on sheer obscurity. One possible answer is that Sino-Forest’s real, fundamental business is some sort of cryptic regulatory arbitrage; that seems like a game potentially worth playing with paper assets in places that have a strong rule of law, but it is surely a dangerous one in a nominally Communist country, where a nationalization could be arranged in the space of an afternoon. (Or where some regional Party functionary could simply be bribed to “lose” crucial paperwork.)

Today, he posted a follow-up report:

Could a curious investor look at actual maps of timber controlled by Sino-Forest agents, you ask? Well, you see, it’s not exactly kosher for foreigners to carry around maps of remote parts of China. You can borrow them from forestry officials if you really need to. Will the local forestry bureaus confirm Sino-Forest’s claims about plantations operated by its agents? Well, sometimes they’ll give you a certificate of sorts, for all the good it might do. “The confirmations are not title documents, in the Western sense of that term,” the committee report notes. (As I understand it, the Western meaning of “title document” is that it gives one an unquestioned, justiciable claim to ownership of something, whether the Party or the Army or the good Lord in heaven approve or not.)

[. . .]

The impression given is that you need influential “backers” to do business in China. The question for the Western investor, though it’s probably now moot, is whether the real role of these backers is to help exploit Chinese resources for the benefit of the Western shareholders or to help fleece Western shareholders for the benefit of Chinese suppliers and bureaucrats.

As Jon, my former virtual landlord puts it, this is a hobby horse I like to ride now and again.

January 26, 2012

What is really meant by the term “market failure”

Filed under: Economics, Media, Politics — Tags: , , , , , — Nicholas @ 11:10

Posting on the Institute of Economic Affairs blog, Tom Papworth tries to clarify what the term “market failure” actually means, in comparison to how it’s commonly used by politicians and journalists:

Firstly, it seems to blur the distinction between ‘the market’ and ‘the markets’ — a very common error in current discourse. The market is an economic concept that describes the myriad of choices and exchanges that take place between people every day; the markets are the very real institutions created for handling major financial transactions. It is not clear to me that this article acknowledges that distinction. This manifests itself primarily in the title and main theme: indeed, as Jan (and at least one commentator) does tacitly acknowledge, the financial markets are so shaped by government intervention that it would be a surprise if they did correspond to a model market.

And that brings me to the second problem: the suggestion that markets don’t fail when they ‘respond rationally, quickly and often brutally to conditions as they find them’. While that description is true, it has little bearing on the concept of market failure. Market failure typically refers to situations where the effects one would expect to see in a theoretical market economy do not in fact manifest themselves in real life. As the great man himself would be — and perhaps was — the first to point out (though without using these terms) markets fail because of factors such as monopoly and externality — monopolies undermine competition and so markets do not clear; externalities enable costs to be passed onto third parties and prevent all beneficiaries contributing to the production of goods. Information asymmetry is often presented as another source of market failure.

Now, to be fair to Jan, that precision of language is hardly prevalent among the politicians he is criticising. When they speak of market failure, it seems almost as though market success is defined by a number of uneconomic measures such as social justice, or even (that ultimate weasel-word) fairness.

Ireland’s septic protest

Filed under: Bureaucracy, Environment, Europe, Government — Tags: , , , , , — Nicholas @ 10:52

Elizabeth sent me a link to this Independent.ie article which allowed Lise Hand to dig deep into the Irish septic tank issue while managing not to get too potty-mouthed:

These doughty lads of the West weren’t messing about with a bit of chanting and poster-waving in the manner of an, ahem, bog-standard protest outside Leinster House. Not a bit of it, having driven since dawn in buses up from the corners of Galway, the attitude was, when we’re out, we’re out.

And so the Charge of the Septic Tank Brigade to the gates of Leinster was a colourful affair. They had brought a toilet with them and all, as a pertinent prop to illustrate their admanatine opposition to the introduction of a €50 septic-tank registration charge — a charge which affects rural Ireland, as it’s being imposed on almost half a million households who are not part of a public-sewage scheme.

What’s more, if any tanks fail an inspection, householders will be obliged to upgrade or replace them, which could cost thousands of euro.

And so, the several hundred men (and a few women) from the West were in fighting form on Kildare Street yesterday afternoon. And along with the toilet — which proved a handy seat for the protest’s organiser, Padraig ‘An Tailliura’ O’Conghaola from Rossaveal who was minding the megaphone and trying to keep a bit of order on proceedings.

There was an impressive array of giant paintings on black banners, tastefully depicting images such as sunsets and sailboats and a puzzled-looking lassie sitting on a toilet.

And there was quite a smorgasbord of slogans being waved about: from Winston Churchill’s observation, “We contend that for a nation to tax itself into prosperity is like a man standing in a bucket trying to lift himself up by the handle”; to more earthy exhortations, such as: “Septic Tank Charges are A Pain in the Hole”; and the bi-lingual “‘Cac’ Hogan RIP — Ireland’s Saddam Hussein”; to the pithy enjoinder, “Get A Grip — Stand Up to Europe”.

January 9, 2012

Calling it “austerity” doesn’t make it so

Filed under: Economics, Government, Media, USA — Tags: , , , , , — Nicholas @ 10:11

Nick Gillespie provides a reality check on some particularly imaginative use of “austerity” in describing the end of the Bush administration and the start of the Obama administration:

In constant 2010 dollars, the federal government spent about $2.3 trillion in 2001. By 2010, the total was around $3.6 trillion. And though the federal government has not passed (and will not pass) a budget for a third straight year, the two plans currently on the table envision spending either $4.7 trillion or $5.7 trillion in 2021. The lowball figure comes from the budget that passed the GOP-controlled House last spring. The higher number comes from President Obama’s budget proposal.

If austerity is the new black, the news has yet to reach the people who actually wield power in the capital. And if the Washington elite aren’t serious about cutting spending, they sure aren’t hell-bent on cutting red tape and regulations either.

For self-evident reasons, George W. Bush and the Republicans soft-pedaled the fact that, over the course of his presidency, he hired 90,000 net new regulators, signed the Sarbanes-Oxley bill that radically complicated corporate accounting practices, passed a record number of “economically significant” regulations costing the economy $100 million or more and, says economist Veronique de Rugy, spent more money issuing and enforcing federal regulations than any previous chief executive.

Obama is continuing the trend by increasing employment at regulatory agencies by more than 13 percent and issuing 75 major rules in his first two years.

All this happened during what Frank calls “the golden years of libertarianism.” So I have problems understanding what he is talking about when he issues dicta such as “free-market theory has proven itself to be a philosophy of ruination and fraud.”

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