authoritarianism

Hayek, or the Recursive Model of the Rule of Law

Federico Sosa Valle History, Law , , , , , , ,

What Friedrich A. Hayek sought with his three volumes of Law, Legislation and Liberty was to propose a legal-political system in which the Rule of Law principle would not be de facto replaced by the rule of men through laws (Rule by Law).

To do this, he built a recursive model of a legal system whose initial conditions were the legal customs as the only source of law. Thus, in such a system, the rule of recognition  –in the sense of H.L.A. Hart’s concept– would initially regard the customary law as the only set of rules to be enforced by the government.

In the said model of legal system, the law is separated from the state, which enforces the former and legitimises itself by that enforcement. Sovereignty resides in the law and the state is its agent and executor – but, without the said enforcement, the customary law -the initial condition of the recursive model- would only be natural law.

From a genealogical point of view, in Middle Ages monarchs were entitled as rulers by a law of succession derived from customary norms and it is from that mediaeval period that the term “Rule of Law” comes: Since their prerogative of ruling had come from legal customs, the rulers had the moral duty of enforcing them – which, in turn, acted as a limit to the power of the rulers, or at least to their legitimacy.

Evolutionarily, the administration of public affairs -as related by Max Weber in his General Economic History– ceased to be in the hands of wise men and mandarins, advisers to the monarchs, to become a matter managed by jurists, who incorporated for the decision-making and its justification the procedures and figures of private law: the social contract, the commission, decisions based on evidence, etc.

Such evolutionary emergence of the public law set new boundaries to the legitimate use of power by the rulers, in many occasions needing a written document to warrant them, such as the Magna Carta, the Bills of Rights or the declarations inserted in the Modern constitutions.

Consequently, successive layers of legality were added to the initial conditions of Hayek’s model of political legal system: constitutional laws, declarations of rights, principles and guarantees, procedural laws and statutes. It was these same legal concepts of private law that allowed giving a legal foundation to the nascent republics of the Late Middle Ages, for example, the legal figures of association, representation, etc..

However, Hayek already complained in The Constitution of Liberty –and later in Law, Legislation and Liberty again- about the consequences of the sovereignty of parliaments, that is, the competence of the legislative chambers to enact laws, replacing legal customs. It was the principle of popular sovereignty that rendered obsolete the principle according to which customary law acted as a limit to the rulers separated from the people, since the people went on to govern themselves and make their own laws.

This emancipatory narrative -in terms of Jean Francois Lyotard- collides with the evidence that, on numerous occasions, we do not obtain in return the Rule of Law but rather the rule of men through laws emanating from political will. Consequently, the path is open for critics of the Rule of Law to denounce its inconsistencies: a government of laws created by the rulers themselves is a mere masking of the political will, which is not legitimated by law but by the pure imposition of the force.

That is why the ultimate message of Hayek’s legal and political works consists of a sort of return to initial conditions of his model of relations between law and politics: legal norms are ineffective without the enforcement provided by the public force, but the process of creating them can be disentangled from that enforcement.

Of course, the choice by the political system on which norms to enforce -that is, the enunciation of a rule of recognition- can mean in itself an act of creation of law; but if, on the other hand, a constitutional system foresees the separation of the legislative functions from the functions of government, obliging the latter to enforce the laws emanating from the former, the distinction between the Rule of Law over the rule of the men is restored.

As Hayek himself recognized in his work, his proposal to create two separate assemblies, one legislative and the other governmental, is not really a proposal intended to be put into practice, but rather an ideal model that exemplifies a concept that is as fundamental as it is abstract and elusive: the separation between law and political power.

Beyond the feasibility of Hayek´s model, it does provide a demarcation criterion between liberal democracy and authoritarianism: the one that indicates that the main duty of a government towards its citizens is to enforce the rules of peaceful coexistence that respect the so-called fundamental rights, such as life, personal liberty and property, and that any program of social transformation or economic development can never justify their abrogation. Thus, any rulers who do not take into account such institutional restrictions to their policies would be involved in a true road to serfdom.

Things (and few Links) Korea, in times before, and after, the light

Michalis Trepas Culture, Links , , , , ,

No squids, or parasites. Butt-kicking for goodness, from an imaginary country.

The proverbial light being internet, and in the meantime, adulthood. Martial Arts gyms were a bit of a curiosity here in Greece, when I started training in Tae Kwon Do as a teen (c. 1995). Sparse, definitely not next to each and every school, with a wild array of possible outcomes, ranging from genuine fighting skills to pure edgelord bs. No accessible standard for the “average services consumer” (apart from 70s/ 80s movies and some illustrated paper magazines – which were mostly promotional). So I joined the gym, whose owner and chief instructor was my uncle’s friend. The man was well versed in TKD and a few other styles. He did his own thing, a TKD base, sprinkled with Kick Boxing/ Muay Thai and some elementary grappling. I fell for it.

Experience is one thing. Getting the full picture can be another. Back then I learned that TKD is indeed Korean (hard to miss the fact, as there was also a South Korean flag on the wall, to which we observed respect), maybe or maybe not its national sport, not much more. As I quit four years later, in order to prepare for the nationally held university admissions tests (a Greek, but also a Korean, thing, more on this later), I left my black tipped red belt, and my relationship with this sketchy distant land, there. Twenty years later, I enrolled to another gym, and revisited the “martial arts” section, this time also thru the power of the net and the wisdom of my years (yeah!). What I saw was…interesting. Note: The martial arts content is generally sub-par, in my view. Too little good writing, too much sectarianism.

The TKD we trained in was of the International TKD Federation (ITF) kind, one of the two main branches in an art that has also many smaller organizations. TKD is not ancient, it only got assembled and standardized in mid-20th century, as South Korea built its national identity away from Japanese influence. The predefined sets of moves (Katas in Karate), called tuls (ok that I already knew), have names I consistently misheard. And then there were the critiques. Oh my. Post after post slamming TKD, its usefulness, its application, its training methods. This cancellation is already dated, it started like in early 00s and closed its circle in early 10s, but obviously I had not gotten the memo, and it pinched me more than it should.

I agree with the first line of criticizing. The spread of gyms, next to each and every elementary school (a sound decision business-wise), brought some softening of the art (for reference, in our gym the floor was covered with that rough, gray, rippled mat that you usually see in an office lobby, perfect for skinning bare feet. We got colored soft mats two years later). The second line is also credible. The early 90s saw a revolution in martial arts, with the advent of Mixed Martial Arts (another sound business decision, btw). The rise of the so-called “pressure tested” styles brought salience and “weights-n-measures” to a world rich in claims, but often poor in evidence. Nothing really novel, though. The underlying force is, of course, competition, which should be familiar to anyone taking interest in social systems and relations. With the renewal also came the blanket thrashing of traditional styles, deserved or not.

Coming to assess my TKD training, I get to see the holes in it, notably the low amount of free sparring and the “choreography” of self-defense scenarios. However, the athleticism was real, as was the fixation to perfect form (either in performing a basic punch or a complicated tul). And the sweat. Also, I lucky stroke with the gym selection, since the master had, as I understand now, introduced the then new, mixed normal in martial arts training. Another positive sign was that the gym competed in kick boxing/ Muay Thai tournaments (the older students, not we teens). So, bruised and battered, but not cancelled in toto.

Understanding Korea’s Unique Situation: Routledge’s New Handbook of Contemporary South Korea (LA Review of Books, from the same guy Brandon complimented, back-handedly, here)

That university admission is the only way forward for young Koreans and Greeks alike surprised me, somewhat. But taking into account that both countries entered the post-war landscape relatively late (the Greek civil war ended in 1949, the Korean war lasted until 1953), ravaged, poor and reliant on external aid, the differences get ironed out. Lacking a large enough private sector to offer vocational training and career opportunities, a university degree seems appealing enough as an investment to future. South Korea did its homework more consistently, however, and its top universities are ranked in the tens or fist hundreds of the world’s finest, while the Greek ones are way lower. It also became an export powerhouse and a “middle power” in world politics, through authoritatively introduced liberal economics reforms:

From hermit kingdom to miracle on the Han (Peterson Institute for International Economics)

My second martial art, Hapkido, is Korean, too. It was also developed in mid to later 20th century and has a complex, fascinating history. It even played a – shady – role during Park‘s presidency. It is a solid art, but even more organizationally fractured than TKD or others. Unfortunately, I only trained for six months, as covid-19 (and life) blew me away. There is always some catch-up to do, it seems.

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 12 of 12)

Federico Sosa Valle Law, Liberty , , , ,

Conclusions

To a large extent, the deficiencies in the application of legal norms were usually attributed to cultural issues related to a low level of regulatory compliance by the population because the first of the concepts – that of normative application – is extremely elusive when it comes to categorize it as a matter of law or politics. As has been pointed out, the law enforcement fulfills a function similar to that of the logical figure described by Ludwig Wittgenstein in his Tractatus Logico-Philosophicus: it does not fully belong to one or the other discipline, but rather marks the contours that they limit each other. The law enforcement depends on a political decision, but such a political decision makes up the defining characteristics of a political regime: Rule of Law or Rule by Law. Systems that have a low regulatory application give governments too wide a margin of excessive discretion to selectively apply the law, without respecting the principle of equality of the law and with the purpose of persecuting dissidents and opponents, which results characteristic of authoritarian and totalitarian regimes.

On the other hand, although it concerns an eminently legal field of action, the dynamics of the incentives generated by a low regulatory application prevent it from being increased by intra-legal mechanisms. This is because, in general, a low level of regulatory application is accompanied by relatively high penalties, so that the activation of judicial mechanisms aimed at achieving a higher level of law enforcements by officials leads to the generalization of sanctions disproportionate to the protected legal assets.

Therefore, the solution to such problems of normative application does not depend on the judicial system, but on its political processing through the legislative branch, since, to get out of the trap in which the political system is involved, in addition to increasing the provision of resources destined to ensure compliance with the law, the penalties provided should be reduced in order to function with a lower degree of application.

A good example of this could be the reduction of taxes in a framework of high tax evasion, which can be proposed by virtue of principles of equity and which can also be aimed at achieving higher tax collection. This last aspect is of particular relevance when considering the political incentives to proceed with the aforementioned reform. This is because, as has been stated, any increase in the law enforcement implies a reduction in the level of discretionary exercise of power, that is, a greater limitation of the power of governments.

In this last aspect, the political action to be deployed in the legislative chambers once again takes on importance, since such reductions in the levels of discretion can only be obtained thanks to the exchange of laws that characterizes all legislative work.

Finally, it should be noted that, if what is sought is a higher level of law enforcement in order to limit the discretion of the executive branch, then the most effective strategy will be to demand a reduction in the levels of taxes, penalties and fines, since this will serve as an incentive so that, in order to maintain the previous level of social control, to proceed, in view of the reduction of penalties, to raise the levels of law enforcement, thus generating a virtuous circle according to which the rates of spontaneous regulatory compliance by the population.

Such a political strategy is entirely consistent with the notion of every constitutionally limited government and every free society, according to which each citizen must enjoy the widest sphere of individual autonomy. Likewise, the results to be obtained in this way contribute to materialize the ideal of individual freedom understood as the absence of arbitrary coercion, since this depends in a singular measure on the characteristics of the legal system and its enforcement by public authorities.

However, as was duly stated, when a political legal regime has deficient levels of law enforcement, it is positively fed back adding a low rate of regulatory compliance by the population, thus worsening in a process of incessant deterioration. Consequently, those objectives of institutional improvement can rarely be achieved without political determination on the part of citizens committed to defending their freedoms.

[Editor’s note: this is Part 12 in a 12-part essay; you can read Part 11 here or read the essay in its entirety here.]

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 11 of 12)

Federico Sosa Valle Law, Liberty , , ,

In the case of judicial decisions based on reasons of justice and equity, it must be taken into account that, although the substantive law in these cases is set aside, the other procedures informed by the principles of due process are respected: the law to be heard, to offer evidence and supervise its production and to access an impartial tribunal, among others. Likewise, so that the judicial resolution based on equity is not arbitrary, it must also configure a judicial precedent and it must not be contradictory with other judicial precedents, since, if the courts depart from the substantive law in order to attend to the special circumstances of the case, they should resolve in the same way before similar cases in which the same circumstances that motivated a resolution for equity have been or were presented.

With respect to the cases in which the law itself grants a public administration official a certain scope of discretion on a given matter, it should be noted that said powers do not violate higher-ranking norms, such as constitutional rights and guarantees. A public official has an indisputable margin of discretion to decide what color to paint the building of the body under his direction and, if he does it with too strident color, in any case he will incur not a legal responsibility but another of strict order. political, according to which a higher-ranking official shall proceed to exercise his respective discretionary powers to remove him from his functions.

Outside of these specific cases, it is expected that in the Rule of Law system all decisions, both governmental and judicial, will be taken based on rules that are intended to limit the arbitrariness of those. This limitation allows individuals to conform their expectations regarding the expected behavior of other individuals and of the powers of the state themselves and, in such a way, to devise their life plan and coordinate it with the plans of their fellow human beings. Such a legal system demarcates the spheres of individual autonomy, within which each person should not be accountable to anyone, except to their conscience, and provides for a conflict resolution system for the eventuality that a dispute arises between individuals or between individuals. and the state. Such controversy does not necessarily have to consist of a violation of the norm, but it can also come from an interpretative disagreement between the parties who are convinced that they are acting according to the law but who, nevertheless, reach conflicting decisions.

In such a system of dispute resolution, based on legal norms known to all, be they written or customary, arbitrariness is reduced to cases of judicial error – generating natural obligations, that is, of mere moral compliance. Consequently, a system of administrative and judicial decisions based on rules contributes to materializing the ideal of respect for individual freedom, understood as the absence of arbitrary coercion.

Therefore, it is understood how the low law enforcement by the public powers, which generates incentives for systematic legal non-compliance by individuals and, likewise, grants a wide margin of discretion to those public powers to carry out a whimsical law enforcement, implies a real change of political regime.

[Editor’s note: this is Part 11 in a 12-part essay; you can read Part 10 here or read the essay in its entirety here.]

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 10 of 12)

Federico Sosa Valle Law, Liberty , , , , ,

However, theorizing about law enforcement takes on vital importance when it comes to considering whether a low level of law enforcement denatures the Rule of Law in such a way that it implies, de facto, a change of regime. That is, when it happens that, under the shell of a constitutional system, an increasingly authoritarian system begins to develop, which successively curtails freedoms and deteriorates the viability of individual life plans, denigrating the dignity of people, through the file to weaken the application of the legal norms destined to protect said rights, guarantees, and freedoms.

For this reason, a liberal political regime requires a substantive content that involves the express recognition of individual freedoms and rights, but also requires in a vital way the respect and enforcement of those procedures that make their effective exercise possible. This is, through a high degree of law enforcement, previously inspired by those political principles typical of liberal democracies.

When we are in the presence of a constitutional system that is designed to guarantee the existence of a government limited by the law itself and to protect the freedoms and rights of individuals, a low level of application of legal norms implies a true denaturalization of such a regime. political and a de facto transition to an authoritarian system of government. As has been pointed out, given that the low law enforcement imposes high opportunity costs on those who spontaneously choose to comply with the law and places them at a severe disadvantage compared to their competitors, the reduced law enforcement works as an incentive to generate low regulatory compliance by the population. In turn, assigning such low regulatory compliance by citizens to cultural or ethnic characteristics works as a pseudo-sociological foundation to increase punishments and continue the aforementioned de facto transition towards an authoritarian or totalitarian system.

A similar mechanism had been noted at the time by Friedrich Hayek in his well-known book The Road to Serfdom, although he did not focus so much on the low law enforcement as on the pretexts and excuses used to justify such a transition towards an authoritarian system. Generally, in a mistaken way, the “road to serfdom” is characterized as a process of increasing state interventions, but such assertion does not constitute the core of either the aforementioned book or about what should be understood by a road of servitude. As Hayek stated on that occasion, we are not faced with a political process of this type when governments intend to carry out a plan of social and economic transformation in accordance with a model of society whose characteristics are rarely stated expressly and which is placed above the procedures and constitutional safeguards designed to legally limit the power of governments and defend the rights and guarantees of individuals. Thus, the system of constitutional safeguards is seen as too onerous an obstacle for the transformation process set in motion and, consequently, it begins to be de facto repealed through a low level of regulatory application and the gradual replacement of a political decision-making system. based on rules by another of decisions taken based on the opportunity, merit and convenience related to the aforementioned model of society to which it is aspired to achieve.

Both in the case of the path of servitude, as of a smooth and flat deterioration of the levels of law enforcement, we find ourselves in the presence of a transition of political regime: from the Rule of Law towards an increasingly authoritarian system: the government of the pure will of men, free from legal and constitutional ties. In both cases, the validity of the notion of individual freedom as the absence of arbitrary coercion is under serious threat.

As it will have to be repeated every time it is necessary to do so, it does not depend on cultural, historical or ethnic traits. Such processes of political regime change respond to an incentive system that perverts the functional dynamics of the Rule of Law. In the case under study here, the low application of legal norms.

But to describe with a greater degree of precision what the aforementioned process of de facto change of the political regime, from liberal democracy and the Rule of Law to authoritarian or totalitarian systems consists of, it is necessary to delve into the distinction between decisions based on rules and those that are They are motivated by reasons of opportunity, merit or convenience, that is, in the exercise of discretionary power.

As previously admitted in this writing, every government official, whether he belongs to the administration or is a judicial magistrate, enjoys a certain margin of discretion in the exercise of his functions and within the framework of competences that the Constitution and the laws give him. grant. Thus, a judge can say the right for a specific case that is subject to his jurisdiction within a range of alternative solutions that the law and judicial precedents impose on him. Thus, we are not faced with a mechanical law enforcement -which is reminiscent of the modern aspiration of “mechanization of thought” – but rather in a judgment of the adequacy of the rules to the specific case that the courts carry out taking into account the special circumstances of people, time, and place that the law, being expressed in abstract and general terms, cannot foresee. However, such adaptation of the law to the specific case should not in any way distort the meaning, scope and purpose of the law. Something similar occurs with administration officials, who enjoy certain powers granted by law and who have a margin of discretion to operate within it, which is subject to control by other hierarchical state bodies, superior or judicial.

Likewise, there are situations in which both judges and public officials deviate exceptionally from the abstract and general guidelines of the laws without them configuring any illicit, that is, exceptions that are within the legal system itself. Thus, we find ourselves in the judicial sphere with judgments that are based on notions of justice and equity and in the administration sphere with discretionary powers expressly granted to officials by law.

[Editor’s note: this is Part 10 in a 12-part essay; you can read Part 9 here or read the essay in its entirety here.]

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 7 of 12)

Federico Sosa Valle Law, Liberty , , , , , ,

Of course, for this hypothetical example to have an acceptable degree of relevance, a distinction must be made between highly probable consequences and merely contingent consequences. It is highly probable that a greater application of the norm will generate a change of behavior on the part of the public and that this will translate into fewer infractions. However, the fact that this lower number of infringements produces a relatively negative tax collection result is a matter of fact on which no nexus of necessity or probability can be predicated. An increase in the levels of regulatory application may result in an increase, in a reduction or neutral to the collection purposes, the final result depending on a multiplicity of circumstances. Notwithstanding this, the mere possibility of having a collection failure already represents a negative incentive for the government that is considering investing resources in increasing the degree of application of the regulations.

Another means of increasing the deterrent power of traffic regulations without incurring the costs of greater supervision of the streets and enforcement of fines is the expeditious solution of maintaining the level of regulatory enforcement but increasing the face value of the penalty. If with an application level of 1%, a fine of $1,000 – generates the same conditioning of conduct as a fine of $10, – with a 100% probability of application, then it is expected that the same fine will be increased to $80,000 obtain the same deterrent result as a fine of $1,000 – with 80% application. Thus, the government would obtain the same behavioral results of raising the level of regulatory enforcement without investing any additional resources, beyond the announcement of the new fines. Furthermore: if in fact the behavior modification were not so successful, since the level of infractions did not drop as expected, then the government would obtain a collection award, since they would mean an increase in its income from fines.

Thus, we see how, in terms of collection costs and benefits, faced with the dilemma between increasing the level of application of the rules or increasing the value of punishments (years in prison, fines or compensation in favor of third parties), incentives operate so that the governments decide for the latter type of solutions. Moreover, a low level of normative application generates the social unrest typical of any system of coexistence rules that does not work, which leads, in a kind of positive feedback mechanism, to a demand for an increase in the severity of the punishments. It is for this reason that, when there is evidence of a low level of regulatory compliance, governments find themselves in a trap, since the very dynamics of incentives induce them to increase the severity of sanctions instead of increasing the level of enforcement of the law.

However, although the behavioral effects of both models (low punishments with high application vs. high punishments with low application) could be quantitatively similar, they are not similar in terms of long-term social and political dynamics: societies with a High law enforcement tends to be democratic and liberal while low law enforcement societies tend to be opaque and authoritarian. The biggest trap that both governments and civil society can fall into is to attribute the consequences of low regulatory enforcement to cultural factors. Such a culturalist explanation definitively closes off any possibility of finding a reasonable solution and avoiding the trap of systematically increasing levels of authoritarianism.

This tendency to increase authoritarianism on the part of governments and societies manifests itself at various levels. One of them is the aforementioned increase in prohibitions and punishments. But another factor of authoritarianism is also represented by the wide margin of discretion that a low level of law enforcement grants to governments, since they are empowered to raise said levels of application at their own will.

To continue with the example with which the exhibition has been illustrated, although a fine for passing a red light of $80,000 that has an application of 1% is experienced by the population as a fine of $800 – with 100% application, nothing prevents the government from deciding to activate a mechanism for the control of infractions that raise the application to 50%, for putting a case, which means having fines of $40,000 in practice.

[Editor’s note: this is Part 7 in a 12-part essay; you can read Part 6 here or read the essay in its entirety here.]

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 6 of 12)

Federico Sosa Valle Law, Liberty , , , , , , , ,

It could happen that a government feels very comfortable collecting a certain amount of money in traffic fines for crossing a red light. For example, the fine amounts to $1,000 – and the probability of application is 1%. In this way, drivers have little experience of having been fined despite the fact that they know better than the government itself that on numerous occasions “they crossed in the red.” Compliance with the traffic light becomes purely optional, left to the moral criteria of each driver and the immediate conditions of time, people and place that he perceives at the time of crossing (many or few pedestrians on the streets, cars crossing on the other side of the road). the street). If a fine of $1,000 is interpreted as a risk of $10, it is not necessary to have great reasons to decide whether or not to violate the norm. However, 1% of those who crossed with the red light did indeed receive a fine of $1,000, to be executed, let us suppose, by the public authorities on the occasion of renewing the driving license, under penalty of denying said renewal, some years after the violation occurred (with which, the present value of said fine at the time of the event would be even lower). With a minimum expenditure of resources, this particular government would achieve a substantial fundraising, since also the number of transgressors and fines in absolute terms would be much higher than under the circumstance of a greater application of the norm. However, the social purpose of the repressive system is not fulfilled: fines applied in this way do not have a dissuasive effect that contributes to ordering traffic and guarantees the safety and physical integrity of passers-by and drivers.

This is how this “hypothetical government” finds itself in the following trap: the low application of the norm causes that the regulation destined to order the traffic is not effective. In our example, it is common for cars to not respect the red traffic light and consequently accidents occur, resulting in the crossing of streets, both for pedestrians and drivers, dangerous and a source of large losses for individuals. But, at the same time, such an ineffective system to control traffic not only finances itself with fines, but also generates a surplus that represents a source of income for the government to cover other types of expenses. Of course, accidents and danger on the public highway are costs to be assumed by the government and society, with which such a de facto collection system is very likely to be highly inefficient, since it ultimately generates net losses or losses for the government or for society or for both.

However, if a ruler decided to invest resources to increase the degree of application of fines for violations of traffic regulations, it would be found that, in the short term, such a decision would lead to financial loss. Such would be the costs and consequences of increasing the level of application of the rules: if technological devices such as cameras were installed, with expert computer systems that processed the information properly, not only in terms of speed but also in terms of precision on the identity of the offending car, the fines would reach the owners of the vehicles a few days after the occurrence of the offense and the process of discharge and execution of the fine was relatively agile, the drivers, in a short time, would become much more scrupulous in the face of to a traffic light. With all security it could be said that accident rates would drop drastically, resulting in a direct benefit for society and direct and indirect benefits for the government. However, there is an element at the level of government incentives to take into account: obtaining a higher level of regulatory enforcement requires a greater investment of resources and, likewise, will likely result in a drop in the aggregate collection of fines, since it will be processed a greater number of fines for an offense actually committed, but this will generate a change in behavior on the part of the public that will reduce the number of infractions and, consequently, the number of fines in absolute terms.

[Editor’s note: this is Part 6 in a 12-part essay; you can read Part 5 here or read the essay in its entirety here.]

And the Surfers Shall Lead the Revolution

Jacques Delacroix Culture, Current Events , , , , ,

The central coast of California where I live has been cursed and blessed by sunny weather this winter; it has also been blessed and cursed by unusually high waves. The curse of good weather when it should be raining, known as “drought,” is that it may feed into more horrendous forest fires next summer, same as we had last summer. The blessings of sunny weather are obvious. The curse of very high waves is that they cause some damage to infrastructure and that they sometimes claim lives. The blessing of high waves is that surfing is thriving like never before in “Surf City,” Santa Cruz, my town.

On a Wednesday or Thursday afternoon of January, the beach two miles from my house is crowded like in June (not quite as much as in August). It’s largely covered with family clusters. Look at it in context. Children are not allowed to go to school (although they are almost completely immune); many moms who would otherwise work have been laid off from their more or less precarious jobs. Many dads have been laid off too; others “work from home.”

The kids are restless, the sun is shining, the temperature is better than OK; the beach is within the reach of many. (More on this later.) What are we going to do? Let’s spend the middle of the day at the beach, of course.

I should have have been able to predict it because I am a serious beach social scientist. I missed the boat. Santa Cruz was one of the best small towns I knew only seven or eight years ago. Then, the homeless started drifting in and they never left. Some are in the last stages of a life dedication to drugs; others are rationality challenged; a few are both. For the past five years or so, there have been enough of them to affect the quality of life for everyone else. Their presence determines to an extent where one can take one’s children in town. (Sorry, I call them as I see them; no judgment involved.)

Then, the COVID fell upon us from China. In short order, the authorities, including the local powers, found their authoritarian footing, or they got in touch with their own panic. And panic is often a handmaiden to petty authoritarianism. They began prohibiting this, and that, and that public behavior, this and that kind of work, etc.

Santa Cruz is becoming a ghost town, one restaurant closing at a time, one store closing at a time. The movie theaters are shut down, the biggest one forever. The one large bookstore does remain open though. You can still pick up and return books at the public library but either you can’t browse or it’s fiendishly complicated to do so on-line. Besides, one can only read so many hours a day if one is under fifty, so many minutes if under fifteen.

Just from looking around, I assume that many school-age children have taken the opportunities on-line learning offers to become even more adept at using the internet. Such skills come handy in times of extreme idleness. I believe a good many kids are on TikTok and similar on-line alternate worlds six or seven hours a day, some amassing “followers.” (Don’t ask me why I believe this, it’s very personal; I just know.) But although such games are addictive, they too become tiresome and children crave direct social contact anyway. So, eventually, many kids end up at the beach with their parents and with their siblings and their parents or, with adult neighbors and their children.

In point of fact, many of the family clusters on the sand are further grouped into larger ensembles including some ten or fifteen adults and thirty or forty children. I haven’t yet figured out whether they are grouped on the basis of school, church, or just neighborhood. Whatever the case, it’s pretty impressive. No one is wearing a mask.

On weekends, visitors from far afield join those mostly local people on the beach, increasing again the crowding. There are several ways to spot the visitors. Some play loud music- a sure activator of xenophobia; others send their kids to the water with a life jacket on top of their wetsuits. (Not cool.) Some wear masks.

Speaking of wetsuits, a new thing, something I have never seen before, is that dozens of little kids are in wetsuits. This is a rare sight because in normal times, parents tell themselves: Not worth buying the kid a wetsuit; he is going to outgrow it in months.

The calculation has changed because of a virus. The parents are largely unable to spend money on dining out, other shopping opportunities are limited and inconvenient; for the well-heeled, this year, there has been no winter vacation to spend on; for the least well endowed, there are not even school supplies expenditures. I am saying that under current circumstances, unlike in previous years, almost any parents feel that they can afford to buy one or two children’s wetsuits (at about $125 or less each). This changes everything.

More importantly, perhaps, but I won’t dwell on this because I can’t afford to lose half of humanity as potential friends, for the first time in my experience, you see dozens of mature women in wetsuits. I have to be cautious here because, let’s say that the wetsuit as a garment is not all that flattering to the mature female shape.

The beach I have in mind is a few hundred yards around a point from globally famous Steamer Lane where world surf championships are held most winters. The waning rollers of Steamer Lane land on that beach and they are suitable, the farthest ones for intermediate surfers, and the closest, for beginners. So, almost every family cluster on the beach includes one, two, or three surfers.

Learning a new sport is often wonderful; learning it as a family is terrific. Coming out of the water cold but exhilarated and sharing a sandwich with your kids and with your spouse is like a return to a lovely, simpler past most people today have only heard of, if that.

Downbeach some way, three tiny girls in tiny bikinis chase one another in the small waves. Their squeals gladden the heart. A couple of boys nearby are on the wet sand absorbed by a hydrokinetic project. They ignore the girls as is proper. A smart white egret has figured out that humans are not predators. It picks sand crabs right between the feet of children. At least some creatures are enjoying a new freedom and that’s all good (except for the sand crabs).

Surfing, loosely defined, plus the new pleasant, voluntary family closeness around it, has become the first recourse but also the last recourse of many of the locked-down. It must be pretty much irreplaceable for them under the current circumstances of health-based restrictions, and health pretext-based restrictions on ordinary activities, circumstances of forced idleness and, of unnatural family interaction in a closed space. Surfing is the thin pillar around which some people are building a small, fragile edifice of freedom and joy.

If the local health authorities try – as they did last spring – to restrict parking near the beach, I believe all hell will break loose. (And, I am being polite, I was thinking of fans, not fanatics, air circulation devices.) That’s true, although Santa Cruz is largely a “progressive” town. Every material obstacle to parking is one less family group able to have recourse to the last recourse. The real surfers among them, advanced or not, are tough people. They immerse themselves voluntarily for hours in cold water. (Wetsuits don’t protect faces and hands, and the rest of the body, only imperfectly). They deliberately submit themselves, and often their children, to the dangers of breaking surf. And, I don’t even mention sharks, known to frequent the area because we have many sea lions. (The last fatal shark attack was about 18 months ago, a long time ago or yesterday, depending.)

At any rate, the surfers won’t go meekly. They are not likely to submit to orders to stay away from waves that are extremely unlikely transmitters of viruses. If the authorities even attempt to take away this last vestige of personal freedom, the surfers will proclaim and lead a sort of revolution. Also, if I were the authorities, I would think twice before turning draconian because many law enforcement people (and firefighters) are surfers themselves so, the expected instruments of repression would be somewhat unreliable. And no one, but no one hates surfers except other surfers. So, don’t go seeking allies in repression.

Local tyrants – however well meaning you are – don’t even think about it! You don’t want to face the full anger of barefoot families in wetsuits who have been enduring for a year a bunch of largely ineffectual, ill-explained, and often idiotic regulations.

New Zealand’s elections and the geopolitics of the Pacific

Tridivesh Singh Maini Current Events , , , , , , , ,

Introduction 

The convincing victory of Jacinda Ardern is important for more than just one reason. First, the 40 year-old Ardern’s centre-Left Labour party has won convincingly — securing 49% of the vote, and securing 64 seats in the 120 seat assembly. Ardern has delivered the biggest election victory for her party in half a century. The victory gives Ardern and her party the opportunity to form a single party government.  

Second, while there is often talk of a right-wing political discourse being dominant globally, it is important that a center-left leader has won. Many commentators of course would argue that New Zealand is a small country, with a small population of less than 5 million – and that not much should be read into the electoral result.

Third, Ardern’s successful handling of the Covid19 pandemic, along with other women leaders – including German Chancellor Angela Merkel, Taiwanese President Tsai Ing Wen, Bangladeshi Prime Minister Sheikh Hasina, and Denmark’s Mette Frederiksen – has been acknowledged globally. A study published by the World Economic Forum and The Center for Economic and Policy Research makes this point and has cited some of the reasons for the success of the these leaders. The success has been attributed to the fact that all these leaders were quick to react to the crisis. 

Fourth, at a time when the world is becoming insular, the New Zealand PM has been firmly pitching for open immigration policies, has taken a strong stance vis-à-vis Islamophobia (something which leaders of other liberal democracies have failed to do), and repeatedly argued in favor of a more inclusive society. In March 2019, shootings at a Mosque in Christchurch by white supremacists had resulted in the killing of 50 people. Ardern, while expressing solidarity with members of the community, donned a head scarve, or hijab, and this gesture was appreciated. In her victory speech the New Zealand PM stated that the world is becoming increasingly more polarized and that “New Zealanders have shown that this is not who we are.” 

The New Zealand PM has her task cut out on issues related to the economy (the economy had shrunk by 12% in the second quarter thanks to the impact of the lockdown). Like other countries, there have been many job losses. Some of the sectors which have witnessed job losses, such as retail, hospitality, and tourism – employ women (according to some estimates a whopping 90% of people who have lost jobs are women). Some commentators also believe that the Labour government has not been able to deliver on key promises related to housing, child welfare, and the economy. There is also an argument that Ardern’s first tenure was not transformational, and after her win the expectations from her will be much higher.

Foreign Policy Challenges  

New Zealand, in spite of being a small country, is important in the context of foreign policy issues. There are two important dimensions: New Zealand’s ties with China, and as a part of the 11-member Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP).

As far as New Zealand’s ties with China are concerned, there are various layers to the bilateral relationship. Jacinda Ardern’s government has largely gone along with other 5 eye countries when it comes to the issue of allowing Huawei entry into New Zealand’s 5G network. On issues pertaining to Hong Kong, the Uygurs, and the South China Sea too, New Zealand has taken a firm stance vis-à-vis Beijing. After the imposition of the National Security Law in Hong Kong, New Zealand suspended its extradition treaty with Hong Kong, and it also made revisions with regard to its policy on military and dual-use goods and technology exports to Hong Kong, subjecting the city to the same as the People’s Republic of China (PRC). 

During her speech at the China-New Zealand Summit, Ardern said: 

As you know, this has come to the fore recently around developments like Hong Kong’s new security law, the situation of the Uyghur people in Xinjiang province, and Taiwan’s participation in the World Health Organisation.

Like its neighbour Australia, New Zealand has also been taking cognizance of increasing political interference in its domestic politics, via governments, political parties, and universities. There has been bipartisan support for taking measures to check the same. Some policies have been introduced with regard to political donations as well as Foreign Direct Investment. 

At the same time, New Zealand has a close economic relationship with China and this is strong reiterated by figures. In 2019, China accounted for a staggering 33% of New Zealand’s dairy exports, over 40% of meat experts and contributed to 58.3% of international education earnings (it is estimated that in 2019, 87% of New Zealand’s service export earnings from China came from education-related travel and personal tourism).

While there has been a shift in New Zealand’s approach vis-à-vis China, officials have also repeatedly made the point, that it will not blindly toe any other country’s stance vis-à-vis China. 

CPTPP

Another important foreign policy component of New Zealand is as member of the 11-member CPTPP. Along with other countries, New Zealand worked towards keeping supply chains going in the midst of the pandemic. For instance in April, New Zealand sent a first plane load of essential supplies to Singapore. (This included commodities like lamb and beef which were sent by a chartered plane.)

New Zealand and other CPTPP members have also been working to resume essential travel, while Singapore opened a travel bubble with New Zealand on September 1, 2020 (which means that quarantine-free travel will be allowed). 

New Zealand and its neighbour Australia, another member of CPTPP, have opened an air bubble too (though this is one-way as yet only passengers from New Zealand can travel to Australia). The bubble currently is applicable only to two Australian states New South Wales and the Northern Territory.

Conclusion  

In conclusion, the election result is important not just in the context of domestic politics, but in sending a message that there is space for centrist and inclusive politics and that it is not necessary to have a Strong Man image cultivated by many right-wing leaders. It is also important to bear in mind that liberal democracies, which respect diversity, are in a far better position to provide an alternative narrative to that of China. Apart from this, while the shortcomings of globalization do need to be acknowledged and addressed, inward looking economic and immigration policies need to be firmly rejected.

Nightcap

Brandon Christensen Links , , ,
  1. In search of the writer-diplomat tradition Robert Fay
  2. Trump is plenty capable Will Wilkinson, Open Society
  3. The case against Mars Byron Williston, Boston Review
  4. Against human colonies Daniel Deudney (interview), LH

Nightcap

Brandon Christensen Links , , ,
  1. Back in Brazil: bureaucracy Bruno Gonçalves Rosi, NOL
  2. Turkey at the start of one-man rule Barry Stocker, NOL
  3. Government isn’t the only problem Rick Weber, NOL
  4. Urging Cambodians to critique their culture, Chhay Lin Lim, NOL

Nightcap

Brandon Christensen Links , , ,
  1. Defending Political Liberty in an Administered World Barry Stocker, NOL
  2. The legacy of autocratic rule in China Mark Koyama, NOL
  3. Role of a Citizen in Hegemonic Authoritarianism Shree Agnihotri, NOL
  4. From the Comments: Ottoman autocracy, Turkish liberty Barry Stocker, NOL

The World Health Organization Revisited; Individual Rights

Jacques Delacroix Current Events, Liberty , , , , ,

Two things today (4/17/20). First, there is a vast misunderstanding of the World Health Organization around the US. (WHO) It’s been promoted unwittingly by the President’s own seeming ignorance.

WHO operates on two different gears. In times of crisis, like now, it’s usually found wanting. That’s because the top of its hierarchy takes over at such times and the top is composed of political appointees. Their appointment is the object of backroom negotiations between various Third World tyrants, China, and others, included the US, who are usually distracted. The current head is an Ethiopian communist. How did that happen?

Most of the time, the work of WHO is performed by professionals with no strong or visible political inclinations. With them, WHO managed to practically eliminate the scourge of small-pox, to reduce greatly the reach and danger of malaria. WHO has also been the main force behind campaigns of vaccination, including in areas where strong resistance exists. (No, I don’t mean loopy Santa Cruz, where I live; I was thinking more of Pakistan.) The pennies WHO costs me personally each year are undoubtedly one of the best investments I have ever made, its recent missteps notwithstanding.

I think, and I hope, that the president’s suspension of the major American contributions to WHO is only a pleasantly devious way to get the head of its head.

Second topic. For what it’s worth, here are the two things that triggered me to make the C-virus second fiddle in the concert in my mind. First was, the prohibition on surfing in Santa Cruz. Now, I am a water man but I never surfed and my surfing days would be quite behind me anyway. That prohibition demonstrated the sheer irrationality presiding over such decisions. And the panic among officials. Alternatively, as several FB friends have pointed out, the prohibition might have been a hypocritical way to keep “outsiders” out of Santa Cruz. That would have been a gross abuse of power: Punish me for the evil others might do which the authorities probably don’t have the right to repress anyway. (Go ahead, speak it aloud.)

The other thing that turned my head around was the growing impression that governments at the state and local levels were demonstrating a royal contempt for civil rights. The prohibition of surfing in my town was a first signal. (See above.) Then I began to realize that denials of civil rights were happening all over this great country. This very morning, Rush Limbaugh played a recording of the governor of New Jersey declaring that questions about civil rights were “above his pay grade,” a governor of a large state. (And his political affiliation is…?)

What worked most into the deep recesses of my lazy mind were the mention of several prohibitions of religious gatherings in different parts of the country. Yes, they sounded reasonable, sort of, in health terms. And, yes I am an atheist (even though I actually am in a foxhole). But look, the First Amendment does not say, ” …except when there is a risk of sickness.” And, if you disagree you should openly ask for a suspension of the Constitution and let those who ask for and implement it eventually pay the political price.

There can be no unspoken exceptions to the constitutional democratic order. Can there be?

Authoritarianism in Tiny Steps

Jacques Delacroix Current Events, Liberty , , , , , , ,

All the power in both the County and the City of Santa Cruz (where I live) now resides in the hands of a County health official. Yesterday, she just closed all parks and all beaches in the county for at least a week. She had the courtesy to post a long letter explaining her reasons.

The letter contains this gem: “…too many of us were visiting the beach for leisure rather than recreation.”

I just can’t figure out the distinction. I am sure I don’t know when I am enjoying leisure from when I am recreating.

Now, I have been using the English language daily for about fifty-five years; it’s my working language; I write in it; I read at least a book a week in that language. Nevertheless, I don’t get the distinction. I even tried the old trick of translating the relevant phrase into my native language, French, like this:

Trop nombreux etaient ceux, entre nous qui se rendaient a la plage pour y jouir de leurs loisirs plutot que dans un but de recreation.

Still don’t know what the difference is!

The problem with George Orwell, the poor man’s libertarian theoretician, is that he keeps cropping up not matter how hard I try to shut him out of my mind. Way to go George! You were on to something.

Addendum the next day: I almost forgot. The county of Santa Cruz also explicitly forbade surfing (SURFING). Now, surfers hate even gliding past one another. They don’t congregate. They are sometimes suspected of attempting murder to get more space on the waves.

Two explanations come to mind for this strange interdiction. First, this is a devious way to stop many young people from nearby, very populated Silicon Valley to come over to Santa Cruz and enjoy their forced vacation on the waves. Or, second, this is an unconscious expression of the puritanism that always accompanies petty tyranny: Times are hard; you may not enjoy yourself, period!

Nightcap

Brandon Christensen Links , , ,
  1. The United States needs Chinese medical equipment Scott Sumner, EconLog
  2. How India is dealing with Turkey’s Kashmir stance Niranjan Marjani, Diplomat
  3. Cooking up a new constitution in Russia Lisa Gaufman, Duck of Minerva
  4. In praise of the Divided States of America Matthew Berry, Law & Liberty