Myths of Sovereignty and British Isolation, III: British Superiority?

Continuing from my last post, before getting on to the pre-Waterloo history of Britain, some remarks on Britain as an exceptional and model state from the Hanoverian period (rule of the German Hanoverian dynasty who continued to be sovereign princes in Germany, 1714-1837) onwards. Isolating any one period as the one in which modern Britain emerges is inevitably hazardous, but there are precedents for selecting this period such as Linda Colley’s influential book, Britons: Forging the Nation, 1707-1837 (Yale University Press, 1992).

The defeat of the Jacobite Uprising of 1745 provides a good moment for the formation of modern British state, or perhaps better the moment at which a process of formation ends. The Jacobite Uprising was an attempt to restore the Catholic Stuart Dynasty, which had its starting point in the Scottish Highlands. It reached into the Lowlands and then England before being beaten back and then decisively defeated at the Battle of Culloden in 1746 by forces loyal to the Hanoverian dynasty, which was Protestant and was reigning in Britain because it was the closest in line after Catholics were excluded from inheriting the throne.

Not only was it confirmed that Britain would continue to be an officially Protestant country, with a German royal family, harsh and violent measures were taken to crush the social base of Jacobitism in the Highlands. The autonomy of traditional clan chieftains (hereditary local landlord rulers), who were operating a kind of confederal state of often conflicting clans within Britain, was abolished. Soldiers were stationed in the Highlands to enforce an assimilationist state policy in which the Gaelic language was repressed, as was traditional dress and customary laws. The violence and forcible assimilation faded away once British sovereignty in the region was assured, but that does not detract from the way that the British state was stabilised through force and military occupation, not through consent and building on ‘traditional’ liberties. The idea of a British state uniquely founded on consent to institutions in a context of laws and liberties emerging from ‘tradition’ rather than state action is essential to the sovereigntist-Eurosceptic view of Britain and its history under examination here.

The forcible full incorporation of the Scottish Highlands and Western Isles into the British state system comes out of the attempts of the British monarchy to create an integrated Britain out of of the union of English and Scottish dynasties, which goes back to 1603 when James VI of Scotland inherited the throne of England as James I. James wanted a unified, integrated Britain from the beginning, and his wish was granted, if more than one hundred years after his death and the overthrow of his dynasty. The attempts of his son Charles I to impose religious uniformity on Scotland led to a war which was the prelude to the English Civil War. The two wars, and others, are sometimes grouped as the Wars of the Three Kingdoms. The powerful man of state to emerge from these wars was Oliver Cromwell, who incorporated the third kingdom, Ireland, into the British state, in a culmination of a history of war and colonisation going back to the Twelfth Century. This was also a process of forcible land transfer creating a Protestant English landowning class dominating a Gaelic Catholic peasantry. As in the Scottish Highlands and Islands, assimilation into the British state led to the decline of the Gaelic-Celtic languages into very small minority status, so to large degree an old culture was lost.

The forcible incorporation of Ireland into the British state system culminated in 1800 with the Act of Union, which created the United Kingdom, in abolishing the Irish parliament (not much of a loss, it only represented Protestant landlords) so that the Westminster Parliament (or crown in Parliament) had unlimited sovereignty through the islands of Britain and Ireland. The process did not bring clear benefits to the Irish before of after the Act of Union. The Great Famine of 1845 to 1852, when the British imposed a landholding system in Ireland and the whole British state system failed to prevent hunger and starvation for a large part of the Irish population and could be held to be at least in some measure responsible for the famine, is well known. Less well known is the Irish Famine of 1740 to 1741, which led to the deaths of an even higher proportion of the population than the Great Famine. I do not think that the Irish peasants of the eighteenth and nineteenth century felt lucky to be part of the British state system, or would have recognised it as some unique force for good in the Europe and the world.

The troubles of the Gaelic peasants of the Scottish Highlands did not end with the state reaction to the Jacobite Uprising. The disruption of traditional customs and restraints enabled the clan chieftains to forcibly remove peasants from land that had been theirs for centuries, starting a process of emigration to other parts of the British Empire. A situation in which the British state had abolished the power of chieftains to resist it while taking away traditional restraints on their power over the peasantry, led to an intensified period (“Highland Clearances”) in which peasants were sometimes taken straight from their customary homes to boats leaving Scotland for the Empire. In the later Nineteenth century, legal reforms were undertaken to improve the rights of Scottish and Irish peasants, but any discussion of the merits and otherwise of the British state system in relation to the rest of Europe in the eighteenth and nineteenth centuries, must take into account horrors of calculated state violence combined with laws and property rights biased towards a landowning class close to the state, that led to sufferings as great as any encountered in any European state of that era.

Next post, Britain as a supposed model European state after Waterloo, comparisons

Fourteen-Year Old Girl in Bikini Threatens Armed Cop

For those of you, my conservative friends, who believe police brutality is just a collection of deliberate made up tales, there is a video on the major cable networks today I hope you see.

It shows a normal size adult in a blue or black uniform putting his knee in the back of a fourteen-year old girl in a bikini to force her down. The girl is crying out for her Mamma. The same cop then draws his gun on a couple of teenage boys in swim shorts who are trying to help the girl. There are other teenagers around, all in swimming attire where one couldn’t hide a weapon. Does the cop think they are going to gang up on him and beat him to death? It’s difficult to see how his life is threatened. In fact, it’s impossible.

A private person gave a pool party on a hot day. Although I understand it took place in a semi-public pool, it was by invitation only. Predictably, some teenagers tried to crash the party. Someone called the police. At that point no blows had been struck; there may have been no violence. I say “may” because, according to some reports but not all, some girls had been pulling one another’s hair. The horror! Cat fights used to be considered free entertainment. The cops who first arrived felt out of their depth and apparently lost their cool and quickly became the worst threat to citizens‘ safety anywhere around.

This is the point where the media and everyone should ask the obvious question:

Suppose the cop had retreated and done nothing? What would be the worst case scenario. Answer 1: Uninvited teenagers swimming in a public pool that had been reserved. Answer 2: Possibly some hair pulled off. (When was the last time a teenage girl did serious damage to another with her bare hands? The stereotype is right: Girls don’t know how to fight.)

Is there an alternative universe where avoiding these calamities is worth brutalizing a young girl and pulling a gun on boys in bathing suits?

Is it even likely that the use of pepper spray was justified? Yes, I am double-guessing the cops on the scene. It’s becoming easier thanks to amateur video. If the cop who pulled his gun is unable to restrain himself or if he does not have the good judgment to do it, he shouldn’t be in charge of protecting us. Yes, that simple!

Was what I saw on the video a racial incident? I don’t think so although the main cop was white and the teenagers black. Likewise, when I see a white man sell a used tool to a black man at the flea market, I don’t think of it as a “racial transaction.” The assertion that white cops kill black men because white cops (and society in general) are racist is a simplistic idea invented and sustained by the scum sliver fringe of the dying civil rights movement to prolong its unearned privileges (including not paying millions of dollars in owed taxes).

I won’t believe that racial animus presides over the shooting of black men or any other kind of brutalization of black people by police until I see appropriate comparative figures: How many whites shot by white cops, how many blacks killed by black cops, etc. This would have to take into account the superior propensity of black to commit crimes. The number exists; the study is not difficult to do; any sociologist, any statistician could do it. The fact that it has either not been done or not publicized speaks to me of massive censorship, or self-censorship, of paralyzing political correctness.

The cop who put his knee in the middle of the back of a fourteen-year old girl may not be a racist; as I said; I think he is probably not. He just should not be a police officer. Given that he is a veteran, it’s not his training that’s defective, it’s him. Perhaps he should not have ever been on any force to begin with. Perhaps he has been on the job too long. If it’s the latter, I am guessing union rules prevent his superiors from doing anything about it or even from noticing that something is awry with that guy. Whatever is the case, the man is not a protector, he is a public danger.

He does not belong on the street with a gun but working in a church basement at something innocuous. His working buddies could be, for example, young women who think a smile is sexual harassment and a tap on the shoulder, rape. They deserve one another.

And, I can already hear it from my conservative friends: Peace officers have a tough job, blah, blah! You have to understand, blah, blah! Not so; the market tells the truth. There is is no shortage of police recruits nationwide. People are flocking to the job. The California Highway Patrol is currently recruiting young interns. Candidates must have no drug conviction (which does not make much sense if you think about it). They must have at least a 2.00 GPA in high school. Let me think, with grade inflation that would be a D- or an F+?

In the meantime, the Santa Cruz Sheriff is offering $5,200 a month for trainees with an immediate raise following graduation from the police academy. High school diploma required, or an associate degree. (There are also tests but…) Good time to weed out the inept and the used up. Or, the selection standards could be changed: You might go easier on the brawn and become more demanding on self-control and on ordinary common sense.

And, by the way, I hate affirmative action but…. (I hate it because it gave us among other things, the current Fascist-leaning administration that is also inept.) Yet, I don’t have trouble imagining that female cops may possess a superior ability to defuse potentially explosive situations. I believe that, in daily police practice, there are many cases where small physical size and low testosterone are assets.

There is no – I repeat – no reason to tolerate police brutality. Conservatives are morally bound to distrust the government there too. It’s our constitutional tradition.

PS I have no animus against police officers. My father was one, a good one. In my whole life, I have only had two moving violations; one was for driving too slowly.

Creeping illiteracy in the media: I heard with my own auditory ears and saw with my own visualizing eyes an MSNBC commentator refer to a “canine dog.” It makes me hunker for a “feline dog,” or even for an “avian dog.” That would be cool. Fortunately, it was on MSNBC, not on Fox.

A Tale of Two Cities (in Santa Cruz, California, USA)

There is a Veterans Hall right in downtown Santa Cruz. It’s called “Veterans Memorial,”  says so on its facade. It’s next door to the US Post Office and across the street from a marble monument to those children of the county who participated in World War One or in World War Two.

Every Wednesday morning, a group of older men and a couple of women, wearing Veteran badges and holding up a Veteran flag as well as a US flag meet near the monument to sing songs. They don’t sing especially patriotic songs but rather goodies and oldies. This morning, they gave a beautiful rendition of “Lily Marlene.” One old guy volunteered that he was sorry no one there knew the words in German. (For those of you who get your culture from Twitters: “Lily Marlene” was a rare thing, a tube sung by both sides in the European theater during the second world war.) Mostly, usually, they sing “Home on the Range’” and the like.

Another old guy told me that the group is not allowed to meet inside the Veterans building when the weather is inclement without paying the county a fee. Veterans’ Memorial is not freely available to veterans. It’s a small group; they don’t seem prosperous. Perhaps the fee is the method used by the county to keep the homeless out. It’s true that the group of singers looks a little scruffy. Some are old men who don’t live with a woman. Some are down and out homeless. Some are veterans who are homeless.

The decidedly left-wing municipal council of the City of Santa Cruz uses all kinds of artifices to contain and corral the homeless population. It wouldn’t be surprising if the county did something similar. I don’t know that it does. It sounds credible though. I will look into it.

I am not saying there is no problem with the homeless concerning more than those who are homeless. I have spoken about it before. The methods used to deal with them just make me deeply uneasy from a constitutional standpoint. The latent hypocrisy also gets to me. More later.

Two days ago, there was a little ceremony in front of O’Neil’s  flagship store, also in downtown Santa Cruz, a block away. Yes, I mean that O’Neil, that genius of entrepreneurship, that hero of capitalism. (For those who read me from overseas: O’Neil is the brand of surfboards then, of beach apparel, you see on every beach in the world. There is actually a Mr O’Neil.) The ceremony was a  celebration of PACT. (“People for something or other.”)

PACT was celebrating  its first-year anniversary and changing its name to honor a former DA. There were representatives from the DA’s office, from the city police, a couple of social workers, others from various city departments, or county departments, almost all public employees taking paid time off work. I would venture that 90% of those who stopped there for more than one minute were on the public payroll or spouses of such. They were celebrating themselves.

PACT targets “nuisance crimes.” That’s mostly behavior of the homeless population. In its first year, a press release announced, PACT reduced “nuisance crimes” as follows:

“The program focused on 70 repeat offenders during its first year and results show a 70% decrease in arrests and citation recidivism rates. During that period, ambulance runs for those 70 DAP-focused offenders decreased 80%.”

I live downtown, in one of the areas targeted, I think. I did not notice any reduction in nuisances. How come I am not surprised that a new government program announces striking successes? The press release concludes that:

“The Santa Cruz City Council and County Board of Supervisors will be considering the expansion of PACT in their upcoming budget hearings in May and June.” (Bolding mine.)

So, I don’t want to sound persnickety and I am all for initiatives, trying new things where old methods don’t work. What I saw and read on that occasion though is not good enough. I need two more things.

First, I want to be told squarely that the methods used do not violate anyone’s constitutional rights. Even laws that have been on the book forever make me nervous. Anti-loitering laws for one. (Is any man in a conservative coat and tie ever accused of loitering when he is just waiting in the street for his friend?)

Second, to judge a publicly funded program, I always want more info than is provided here. I have no reason to doubt the PACT figures  (“70% reduction in…”) – however cherry-picked they may be. They are only performance measurements however. I want cost-benefit, input-output measurements. If a city program resulted in 100% reduction in litter on my street, I would be only guardedly happy. If I found out that my share of the real cost of this achievement was $10,000 annually, I am certain I would want to  find out about the cost of a 90% reduction in litter, and so on.

And, by the way, I want the real cost, all included, including pension funding going forward. Sometimes just asking that a bureaucracy calculate the costs of its actions and make them public is enough to alter its course. Sometimes, just demanding that it calculate those costs is enough.

Good government is largely about choosing. I want the  elements of choice to be divulged to me as a citizen and as a taxpayer. It’s not too much to ask, I think.

PS  Yes, I know, the city council was elected according to fair and clean elections. That’s not enough for me. I want it to do as little as possible on its own.

Le émeutes de Baltimore en blanc et noir

A Baltimore, un homme de vingt-cinq ans interpellé par la police en sort la colonne vertébrale brisée. Il en meure après quelques jours. L’interpellation elle-même était probablement illégale. (Aux Etats-Unis, la police doit avoir de bonnes raisons pour interpeller un citoyen vaquant à ses affaires. Il y a tout un code qui doit être respecté.)

Les résultats de l’enquête interne ne sont pas publiés dans les délais rapides que désire l’opinion publique. Des émeutes éclatent plusieurs soirs de suite, avec pillages et incendies volontaires.

La presse française ne rate pas une occasion de dire des conneries, parce que ses journalistes sont paresseux, et incultes, parce que, souvent, ils ne connaissent même pas l’Anglais. La victime est noire, les policiers interpellateurs sont blancs (ou pas d’ailleurs, on ne le sait toujours pas). Donc, pas de problème, c’est le même film qu’avant, le même depuis trente ans ou plus. Les policiers blancs, racistes bien sur, ont froidement assassiné un jeune noir innocent. Justice ne sera pas faite car “l’Establishment ” est blanc et également raciste, bien sur.

Dans ce cas-ci, la moitié des policiers de Baltimore sont noirs, le directeur de la police municipale est noir. La maire – à qui il aura appartenue d’appeller la garde nationale à la rescousse – est noire, plus de la moitiée de son conseil municipal est noire. La procureur d’état (de l’état du Maryland) chargée de l’affaire est noire. (Il s’agit de l’autorité chargée d’inculper ou pas.) La ministre fédérale de la Justice – qui n ‘a d’ailleurs pas prise directement sur ces évenements locaux – est noire, comme son prédecesseur , d’ailleurs. J’allais presque oublié, le Président des Etats Unis, qui ne perd pas une occasion non plus de réciter des insanités, est aussi noir.

Voici une généralisation valide pour remplacer les clichés usés de la presse française: Partout ou se passe des évènements lamentables, comme celui qu a couté la vie au jeune homme de Baltimore, on trouve un pouvoir installé appartenant fermement au parti Démocrate, le parti du président Obama. Baltimore est au mains des Démocrates depuis quarante ans sauf pour un interlude de quatre (4) ans.

Fifty Years of Voting

I cast my first vote in 1964, shortly after turning 21, the legal voting age in those days. I voted for Barry Goldwater who, although he described himself as a conservative, didn’t fit that category by today’s standards. He was for free markets but he was not particularly religious and he held a laissez-faire attitude toward alternate lifestyles. He was, unfortunately, a war hawk, so he wouldn’t fit very well into today’s libertarian category, either.

Four years later I voted for Richard Nixon, sad to say. I somehow thought he was for free markets, being a Republican. I was cured of that delusion by a wakeup call at 8:15 AM on Monday, August 16, 1971. That was the moment I saw the headline in the L.A. Times announcing Nixon’s dastardly Sunday evening perfidy: price controls, closing the gold window, and an import tariff surcharge. All of these statist actions very quickly played out disastrously. Their personal import was to cure me of any notion that Republicans were necessarily friends of liberty. I became a libertarian that Monday morning and never looked back.

Of course that decision meant never again voting for a winner.  I voted for John Hospers in 1972, and he actually got one electoral vote from a renegade Republican elector, Roger MacBride, who was the LP candidate in 1976. Ed Clark’s 1980 campaign on the Libertarian ticket, generously funded by the Koch brothers, gave me brief hope for the new party, which we all know has come to naught. I’ve “wasted” my vote on Libertarian candidates ever since. Thanks to Proposition 14 in California, I can only vote for Libertarians in the primary elections; minor parties are shut out of the general election. In many races the general election is a contest between two Democrats. I resist any urge to vote for the lesser evil of the two so now I just leave most of my ballot blank and vote against all tax measures.

If we must have voting, I offer a couple of common-sense reforms:

  • Raise the voting age to 30. People under that age are clueless.
  • Require voters to pass a stiff qualification exam, something far more rigorous than the simple literacy tests of yore.
  • Institute a stiff poll tax, at least enough to cover election costs. Why force non-voters to pay?

I’m tempted to throw in land ownership as another criterion, but the foregoing should suffice. Of course this reform would leave many people feeling disenfranchised, but so what? Most people are far too ignorant to judge issues and candidates rationally and should be kept away from voting booths at all costs. Anyway, the system would leave a path open for people to earn enfranchisement by working hard to satisfy the above criteria.

Would I apply for enfranchisement under my proposed system?  No way; I have better things to do.  Will I vote this year?  I suppose so. I have no idea what will be on the ballot, but there will doubtless be some lame-brain propositions to vote against.

How the Left Failed France’s Muslims: A Libertarian Response

Walden Bello, a sociologist in the Philippines, has a piece up over at the far-Left Nation titled “How the Left Failed France’s Muslims.” As with everything Leftist, it was packed with mostly nonsense coupled with a couple of really good nuggets of insight. The nonsense can be explained by the Leftist urge to attribute grand theories that don’t involve an understanding of supply-and-demand to problems dealing with oppression. Below is a good example of another weakness of the present-day Left:

Failure of the French Model of Assimilation

In the “French model,” according to analyst Francois Dubet, “the process of migration was supposed to follow three distinct phases leading to the making of ‘excellent French people.’ First, a phase of economic integration into sectors of activities reserved for migrants and characterized by brutal exploitation. Second, a phase of political participation through trade unions and political parties. Third, a phase of cultural assimilation and fusion into the national French entity, with the culture of origin being, over time, maintained solely in the private sphere.”

What the technocrats didn’t face up to was that by the 1990s the mechanism sustaining the model had broken down. In the grip of neoliberal policies, the capitalist economic system had lost the ability to generate the semi-skilled and unskilled jobs for youth that had served as the means of integration into the working class for earlier generations of migrants. Youth unemployment in many of the banlieues reached 40 percent, nearly twice the national average. And with the absence of stable employment, migrant youth lacked the base from which they could be incorporated into trade unions, political parties and cultural institutions.

Impeded by ideological blindness to inequality, political mishandling of the Muslim dress issue and technocratic failure to realize that neoliberalism had disrupted the economic ladder to integration, authorities increasingly used repressive measures to deal with the “migrant problem.” They policed the banlieues even more tightly, with an emphasis on controlling young males—and, most notably, they escalated deportations.

Notice how Bello doesn’t challenge the fact that the French government has a model for integrating human beings into a system it assumes is already in place? That’s the problem in Europe (and Japan/South Korea), but instead of acknowledging this – or even recognizing it as an issue – Leftists throw in terms like “capitalist economic system” and “neoliberalism” to explain away the failures of the French state’s central planning efforts. Naturally the real threat according to Bello is a Right-wing populism rather than the widespread, unchallenged belief (including by Bello) that government can assimilate one group of people with another in stages.

Just keep government off the backs of people, and they’ll associate in peace (peace is not the absence of conflict, of course, but only the ability to handle conflict through peaceful means, such as through elections or boycotts or marches or consumption). Does this make sense? Am I being naive here?

Ceding power to a central government in order to integrate immigrants into a society in a manner that is deemed acceptable to the planners is going to cause conflict rather than temper it. Planners are beholden to special interests (this is not a bug of democracy but a feature; ask me!), and they cannot possibly know how their plans are affecting the individuals being planned for. Immigrants, left largely to their own devices (which include things like communities, religion, and creativity), are beholden to their own interests (again, which include things like communities, religion, and creativity). Which way sounds less likely to cause resentment all around? Again, am I being naive here? Am I knocking down a straw man? Is this really how European governments approach immigration and assimilation? Is this really how the US approaches immigration and assimilation? These are genuine questions.

An even bigger question remains, of course: how can Europe better assimilate immigrants? Open borders, discussed here at NOL in some detail (perhaps better than most places on the web), is one option, but in order for open borders to work you need political cooperation, and political cooperation means more than just cooperation on matters that interest libertarian economists. Thus, I argue for federation instead of plain ol’ open borders. Another option would be to have governments in Europe cease planning the lives of immigrants for them. This option is a very viable short-term policy that probably does not get the attention it deserves because Leftists are currently unable to see the forest for the trees. Exposing neoliberalism and capitalism is, arguably, more important than petty day-to-day politics after all.

Guantanamo: A Conservative Moral Blind Spot

A current Guantanamo detainee, Mohamedou Slahi, just published a book about his ordeal. The book is redacted of course but it still tells an arresting story.

M. Slahi was captured in 2000. He has been held in detention, mostly at Guantanamo prison since 2002 but in other places too . The motive was that he supposedly helped recruit three of the 9/11 hijackers and that he was involved in other terror plots in the US and Canada (unidentified plots.).

According to CNN:

Slahi admits to traveling to Afghanistan to fight in the early 1990s, when the US. was supporting the mujahedin in their fight against the Soviet Union. He pledged allegiance to al Qaeda in 1991 but claims he broke ties with the group shortly after.

He was in fact never convicted. He was not even formally charged with anything. Slahi has spent 13 years in custody, most of his young adulthood. If he is indeed a terrorist, I say, Bravo and let’s keep him there until the current conflict between violent jihadists and the US comes to an end. Terror jihadists can’t plant bombs in hotels while they are in Guantanamo. And, by the way, I am not squeamish about what those who protect us must do to people we suspect of having information important to our safety. I sometimes even deplore that we do to them is not imaginative enough. And, I think that the recent allegations to the effect that torture produces nothing of interest are absurd on their face.

But what if the guy is an innocent shepherd, or fisherman, or traveling salesman found in the wrong place? What if he is a victim of a vendetta by the corrupt police of his own country who delivered him over? What if he was simply sold to our intelligence services? What if, in short, he is has no more been involved in terrorism than I have? The question arises in Slahi’s case because the authorities had thirteen years to produce enough information, from him and from others, to charge him. They can’t even give good reasons why they think he is a terrorist in some way, shape or form. It shouldn’t be that hard. If he so much as lend his cellphone to a terrorist I am for giving him the longest sentence available. or simply to keep him until the end of hostilities (perhaps one century).

And if having fought in Afghanistan and having pledged allegiance to Al Qaeda at some point are his crimes, charge him, try him promptly even by a military commission, or declare formally, publicly that he is a prisoner not protected by the Geneva Conventions, because he was caught engaged in hostile action against the US while out of uniform and fighting for no constituted government. How difficult can this be?

I am concerned, because, as a libertarian conservative, I am quite certain that any government bureaucracy will usually cover its ass in preference to doing the morally right thing. (The American Revolution was largely fought against precisely this kind of abuse.) Is it possible that the Pentagon or some other government agency wants to keep this man imprisoned in order to hide their mistakes of thirteen years ago? I believe that to ask the question is to answer it.

This kind of issue is becoming more pressing instead of vanishing little by little because it looks like 9/11 what just the opening course. It looks like we are in this struggle against violent jihadism for the long run. Again, I am not proposing we go soft on terrorism. I worry that we are becoming used to government arbitrariness and mindless cruelty. I suspect that conservatives are often conflating their dislike of the president’s soft touch and indecision about terrorism with neglect of fairness and humanity. I fear we are becoming less American.

Let me ask again: What if this man, and some others in Guantanamo, have done absolutely nothing against us?

Of course, I hope the US will keep Guantanamo prison open as long as necessary. In fact, I expect fresh planeloads of real terrorist from Syria and Iraq to come in soon. I really hope that Congress will have the intestinal fortitude to call President Obama’s bluff on closing the prison. Congress has the means to stop it if it wants to.

Martin Luther King Jr Day and Civil Rights: A (True?) Libertarian’s Lazy Perspective

History professor and fellow Notewriter Jonathan Bean has an op-ed out in the Daily Caller titled “Civil Rights Are Too Important To Be Left To Special-Interest Advocates.” From the opening paragraph:

“War is too important to be left to the generals,” the saying goes. Similarly, civil rights are too important to be left to professional advocates who champion only their own particular racial, ethnic, or religious causes. Unfortunately, in the “official” civil rights community of today a spirit of inclusiveness may be the exception, not the rule.

Read the rest.

Dr Bean’s post has reminded me of how to best tell the difference between a libertarian and a conservative (overseas readers: here is my reminder to you that, in US parlance, libertarian means liberal): libertarians have a deep, principled commitment to equality that is simply missing in conservative thought.

Libertarians will argue that all individuals are born equal, whereas conservatives will tell you individuals are not. Libertarian notions of equality are thus caught in the middle of two extremes: on the Right you have conservatives who believe that inequality equality is not possible on an individual, regional, national, or international scale and on the Left you have egalitarians who harbor all sorts of utopian pipedreams based on “equality.” These three paradigms are by no means obvious, and sometimes you have to think about the implications of a person’s argument.

The libertarian notion is utopian, as it has never been reached and probably never will be, but it is always within reach and is based upon civil and legal equality rather than some of the asinine notions of the Left. When I say “civil and legal equality” I mean that all human beings are deserving of the same fundamental individual rights. Conservatives don’t believe in this (think about their views on immigrants, for example, or ethnic/religious minorities).

So the libertarian, when faced with a hypothetical that looks at an immigrant who came to the US illegally, will say the immigrant is deserving of the same legal and civil rights as a native. A conservative will not. I know many self-described libertarians will give the second answer, and my response to them would be, “well, I guess you’re a conservative then, and not a libertarian.”

Ouch!

I understand that the complexities of politics in federal democracies make ideological arguments useless, so my only goal with this post is to help readers clarify their own political views. If you don’t support the civil and legal rights of illegal immigrants (for example), you are not a libertarian. I don’t mean to be in such a purge-y mood, but that’s a fairly basic tenet of the creed.

Also, Malcolm X did more for the civil rights of Americans than MLK did. The government chose MLK to represent the civil rights struggle, though, because he never toted a gun in public. Same thing happened in South Asia just before the UK left. Gandhi didn’t have nearly as much influence as the armed insurrections happening all over the subcontinent. Bring it!

Charlie Hebdo: Todos, nadie, uno.

La primera reacción pública frente al atentando a los integrantes de la redacción de la publicación satírica Charlie Hebdo fue acudir a la identificación con la víctima: “Je suis Charlie Hebdo”. En menos de 48 hs. se comenzaron a escuchar los primeros distanciamientos: no todos querían identificarse con Charlie Hebdo, ya que eran pocos los que adherían por entero a su línea editorial. En estos casos, lo más delicado reside en las razones para expresar una u otra posición.

La identificación de la comunidad con la víctima de un atentado es un requisito que hace a la legitimación de la persecución penal contra quienes hayan perpetrado el atentado. En este sentido, es correcto decir “yo soy Charlie Hebdo”, ya que esto implica afirmar que la víctima del atentado pertenece a nuestra comunidad y es la comunidad la que ha sido agredida en la persona de la víctima. Si el estado –en este caso el Estado Francés- se encuentra legitimado para iniciar la persecución penal de tal atentado es porque el agredido se encuentra dentro de la comunidad protegida por aquél. Por otra parte, dado el cariz político del crimen, si le da el rango de cuestión de estado es porque es la autoridad del mismo la que ha sido desafiada: alguien distinto al propio estado se está atribuyendo la autoridad para decidir qué tratamiento público debe dársele a las opiniones molestas. Recién aquí es cuando entra a jugar el tema de la libertad de expresión.

La libertad de expresión en tanto que garantía individual solamente es relevante cuando lo que se expresa es una opinión con la que disentimos: La opinión de “otro”, en el sentido de completamente ajeno a uno mismo, un “otro” que expresa lo que no queremos escuchar. Cuando nadie discutía la proveniencia divina de la autoridad de los reyes, el cuestionamiento público a los mismos constituía una profanación de una repugnancia semejante a la que hoy sufre un feligrés cuando debe soportar una afrenta a su religión. Los reyes entendían que, -expresándolo en el lenguaje de hoy- en esos casos no se había hecho un ejercicio “responsable” de la libertad de expresión o que la misma “no estaba para eso”.

Por el contrario: que la libertad de expresión sea efectivamente una garantía depende de que quien exprese una opinión sumamente ofensiva contra un tercero o contra la autoridad no pueda ser legalmente perseguido por el estado por haberla emitido (por supuesto, estamos hablando de “opiniones”, no de “enunciación pública de planes” contra un tercero o la autoridad). La libertad de expresión protege aquello que dice “el otro”, aquello que no queremos escuchar. En este sentido, para poder predicar de un sistema jurídico que éste respeta la libertad de expresión, “Charlie Hebdo” tiene que ser otro, enteramente distinto a nosotros, y no ser molestado por el estado a causa de sus opiniones aún pese a aquéllo.

Ahora bien, cuando un grupo armado atenta contra un ciudadano porque se considera agraviado por las opiniones vertidas por éste no está atentando contra la libertad de expresión directamente, si no contra la vida de sus víctimas y contra la soberanía del estado que reconoce la libertad de expresión de sus ciudadanos (es decir, atenta contra la libertad de expresión sólo mediatamente). A los efectos de la vida de las víctimas del atentado “todos somos Charlie Hebdo”. En cuanto a la relación del estado que reconoce la libertad de expresión de sus ciudadanos “no todos son Charlie Hebdo” y es cuando “uno solo lo es” cuando más se pone a prueba el respeto de la libertad de expresión por parte del estado. Este respeto tiene dos aspectos: frente a los ciudadanos se manifiesta como una obligación de abstención frente a las opiniones expresadas; frente a quienes desafían mediante la violencia física tal sistema de valores, en la persecución legal y política de los mismos. Nótese que no resulta necesario que “todos seamos Charlie Hebdo” para que el estado garantice la libertad de expresión en este doble aspecto (abstención frente al ciudadano e intervención frente al agresor). Es más, solamente podemos decir con seguridad que garantiza la libertad de expresión cuando Charlie Hebdo es enteramente el otro.

En resumen, la persecución jurídica, en el plano del derecho penal, del atentado se activa con la agresión sobre la vida de las víctimas del mismo. En tanto la persecución política –en el marco de un estado de derecho, se entiende- se pone en movimiento con el desafío a la autoridad pública que implicó el uso de la violencia física con la finalidad de imponer la abrogación de la libertad de expresión. Que seamos o no seamos Charlie Hebdo depende de cuál de los dos aspectos estemos considerando: para el primero es necesario que lo seamos todos, para lo segundo alcanza con que lo sea uno solo.

@fgmsv

Previamente publicado en http://ihumeblog.blogspot.com.ar/  de @IHUMEorg

The burden of imperialism, the virtues of immigration, and the importance of data

One thing I have noticed about the terrorist attacks in Paris is the relatively little that imperialism is brought up. The Muslims of France hail from parts of the world that were once a part of the official French empire. This empire is still a force in much of its old official boundaries. The British and the Dutch also have problems with Muslims that were once a part of an official empire. The Germans and the Turks are a different case, as the Ottoman and German empires had more of a deal between themselves in regards to cheap labor than the cases of Western Europe, but the relationship is still not one of immigration – not in the sense that is perceived by Americans, Canadians, and Australians.

I wonder how much of the tension between natives and immigrants is due to the imperial relationship of the sides involved. I would wager quite a bit. I also have to wonder about the role of land in all of this. Land, of course, is the ugly cousin of labor and capital, two of the three factors of production utilized by economics (there is a fourth sometimes cited, entrepreneurship, but I am not yet convinced that this belongs and neither are many economists).

Immigration is different than what the former imperial states of Western Europe are dealing with. I know the similarities are seemingly the same, but they are not. I would be happy to flesh this out more in the ‘comments’ threads if anyone takes issue with it.

Here is the abstract from an excellent article in Social Forces on the futility of deriving any conclusions about a society based on simple perceptions:

We investigate the thesis widely credited to Max Weber that Protestantism contributed to the rise of industrial capitalism by estimating the associations between the percentage of Protestants and the development of industrial capitalism in European countries in the mid- to late nineteenth century. Development is measured using five sets of variables, including measures of wealth and savings, the founding date of the principal stock exchange, extension of the railroads network, distribution of the male labor force in agriculture and in industry, and infant mortality. On the basis of this evidence, there is little empirical support for what we call the “Common Interpretation” of Weber’s The Protestant Ethic, namely the idea that the strength of Protestantism in a country was associated with the early development of industrial capitalism. The origin of the Common Interpretation and its popular success are probably derived largely from selected anecdotal evidence fortified, through retrospective imputation, by the perceived well-being of contemporary Protestant countries.

The article is titled “The Beloved Myth: Protestantism and the Rise of Industrial Capitalism in Nineteenth-Century Europe” and it can be read here (pdf). As you read through analyses of the terrorist attacks in Paris, be sure to keep this in the back of your mind.

By the way, the piece is co-authored by Jacques, who has failed to adhere to his own standards when it comes to discussing Islam.

Gun Rights, the Black Panthers, and ‘the South’ in the United States

From a report by Aaron Lake Smith in Vice:

The Dallas New Black Panthers have been carrying guns for years. In an effort to ratchet up their organizing efforts, they formed the Huey P. Newton Gun Club, uniting five local black and brown paramilitary organizations under a single banner. “We accept all oppressed people of color with weapons,” Darren X, who is 48, tells me in a deep, authoritative baritone. “The complete agenda involves going into our communities and educating our people on federal, state, and local gun laws. We want to stop fratricide, genocide—all the ‘cides.”

Interesting, and brings up the question: will the NRA support their right to bear arms, or will they revert to their early 20th century stance and begin supporting gun control again? Also in the article is a bit of history:

The seeds of what was to become the Black Panther Party lie in the 1940s, when black veterans returned to the South after fighting in World War II and found themselves dehumanized by segregation.

I’ve often wondered about this. The desegregation of the South and the achievements of the Civil Rights movement were perhaps the greatest human accomplishments to come out of World War 2 and the Cold War, and this has startling implications for libertarians who advocate for a hardline non-interventionist foreign policy. Libertarians in the US point out that worldwide empire is bad, even a liberal empire, but without it I don’t see a Civil Rights movement happening (which in turn means nobody in the developing world has a model to look up to).

After Germany and Japan surrendered Washington was forced to cede political rights to blacks because of the hypocrisy that pro-rights marches highlighted to the world. The US was engaged in a propaganda war with the USSR, and the segregation of blacks and whites in the US was very bad press. Without the Cold War, blacks would probably have remained official second-class in the US (and the world). Libertarians should be proud of the Civil Rights movement, even if the legislation passed didn’t conform perfectly with individual rights (i.e. affirmative action instead of reparations, or nothing but individual rights!) and even if blacks got their individual rights through legislation rather than law.

Smith’s reporting in other places is less than convincing, though:

Shootings of civilians by police officers reached a 20-year peak in 2013, even as the incidence of violent crime in America went down overall.

I believe that the shooting of “civilians” by police officers is a violent crime, but unless I am missing something Vice simply treats the data as if shootings by police officers are different from shootings by people who are not police officers. Nothing will change as long as this kind of mindset is prevalent in the US. I understand that police officers have a job to do, and that their job makes them different from people who do other jobs (say, a doctor or a lawyer), but it does not place them above the law.

Also, a more disturbing implication of this would be that a more violent police force decreases crime. This is not discussed by libertarians or left-liberals. I don’t like it, but it cannot be ruled out as a possibility just yet. I hope somebody will debunk my notion in the ‘comments’.

One last fascinating tidbit from the article is the difference between the old leaders of the Black Panthers (one who claimed that the Koch Brothers are behind everything, thus showing – to me, anyway – that hippies and Black Panthers have more Baby Boomer similarities with each other than they’d like to admit) and the new leaders (“all power to all people,” including gun rights). Racism is so interesting to me in the American context because of the demographic perceptions amongst other reasons). My parents and grandparents have very different types of racist assumptions than I do, but I’m getting way too far ahead of myself. More on American racism later, or just take me to task in the ‘comments’ section!

(h/t Chris Blattman)

Hayek on Human Rights Day

It turns out it’s Human Rights Day today! I came across a call on Twitter: “Don’t fight for your rights. Fight for equal rights.” This reminded me of an argument from Hayek: “If we knew how freedom would be used, the case for it would largely disappear…. the importance of our being free to do a particular thing has nothing to do with the question of whether we or the majority are ever likely to make use of that particular possibility… The freedom that will be used by only one man in a million may be more important to society and more beneficial to the majority than any freedom that we all use.

This thought entered my brain when I was in a Constitution of Liberty reading group back in San Jose and has been percolating ever since. It has profound implications for how we think of freedom as a concept, and especially for how we should think about the sorts of liberties we want to support. I think the second part is obvious: even if I don’t need the freedom to own a business (for example), I’m far better off in a world where immigrants are allowed to start businesses like eBay. The same is true for more controversial liberties… we simply don’t know who ought to have the rights necessary to transform the world, and we don’t know what those rights are. So we should be prepared to err on the side of giving “too many” people “too many” liberties.

The first part (the implications for how we think of freedom as a concept) is a bit trickier. Hayek is arguing that the rights we all have aren’t terribly important. That is, it’s the marginal rights that matter. We all have the right to life. It’s important, but it’s not going anywhere anyways. If we want to improve the future, we need to keep an eye to things within our control; we could revoke the right to life (you know what I mean… that other thing is a whole different can of worms and you should write your own blog post about it…), but that’s not even on the table. What we need to be concerned with is those rights that we could conceivably lose because they don’t seem that important.

For example: women should be allowed to sign contracts, own property, and start businesses. We all know that to be the case based on our sense of fairness. But Hayek bolsters that argument: we should want that set of rights to be held by as many people as possible regardless of sex and possibly even regardless of species (District 9 and Planet of the Apes are two movies that would be very different if we attached rights to sentience rather than humanity). We don’t want rights to only go to people we care about, we want them to go to people who can use those rights to make the world better.

Staten Island and Cleveland: Different from Ferguson

Having argued in a recent piece that the problem with Ferguson was collectivism, as manifest in the notion of collective guilt, I feel obliged to speak out on recent incidents in Cleveland and Staten Island. None of us (presumably) were there so we need to be cautious, but what we see from those unfortunate places strongly suggests police misconduct.

I am a native of Cleveland and it comes as no surprise to me that the police force there is a troubled one. For many years there has been a divide between the central city and suburbs and despite a few encouraging exceptions, things have gone steadily downhill in the central city. The problems are similar to Detroit’s but on a smaller scale. The best Cleveland Police officers would surely aspire to leave the Cleveland PD for one of the suburban forces at the first opportunity. It doesn’t surprise me that the Justice Department claims there has been systematic excessive use of force by the Cleveland police.

I have only been to Staten Island once and cannot add anything to what is generally known. That the unfortunate victim was selling untaxed cigarettes, of all things only adds to the outrage.

The non-violent demonstrators in both cities are right this time.

Privilege in the Classroom

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I just finished teaching my intro anthropology course on Thursday afternoon. At the end, the students heartily applauded me.

Every year, between 30% and 100% of my students are indigenous women (I’m never totally sure, because I don’t take a survey, and random chromosomal sorting and centuries-long interbreeding mean that you can be half Ojibwa and look like Cameron Diaz): Cree, Ojibwa, Dakota, Metis — you name it.

My indigenous students are extremely diverse intellectually and culturally. Some of them grew up telling their friends they were Italian in the hopes of avoiding getting called a dirty Indian. Some of them grew up declaring, loud and proud, who they are. Some of them grew up thinking they were of pure French stock, and only later found out the dirty family secret that they were Metis.

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Some of them are energetically engaged in shamanic rituals. Some of them are fiercely Christian. Some are quiet atheists.

What my students were applauding was that I’d kept a strict classroom environment (so the douchey cellphone-wielding students don’t interrupt us), provided a welcoming discussion environment (so the dedicated students can engage verbally in the class), provided clear evaluation criteria that incentivize learning, entertained them with jokes and anecdotes, and helped them understand interesting phenomena in human nature and their lives.

What I find is that my indigenous students (and everyone else) are fascinated and empowered by my course if I drop hints along the way explaining how their own experience and their family’s history of anarchic indigenous traditions, recent domination by the state, discrimination by everyday racists (and very often, internal cultural breakdown and internalized, self-hating racism) connects to broader phenomena of human nature and cultural diversity.

Throughout the course, I make sure to cover a few cultures that have similar experiences of anarchic tradition and colonial oppression. There are some striking similarities with the once-nomadic Ju/’hoan of southern Africa, for instance.

And when my students eventually start raising their hands to say “Hey, that’s just like on the Indian reserve I grew up on!” Or “Is that like what happened in Canada to the Aboriginal people?” I encourage them enthusiastically: “Yes, that’s exactly right!” By the end of the class, when we actually do talk a bit about North American indigenous cultures, these students are confident and curious enough to engage fully and bring their personal knowledge to bear.

I developed this technique based on the good things I learned from the privilege-oriented leftists I went to grad school with. Actual aggression (especially by states and state-backed corporations) against the indigenous people is one layer of the problem. Hostile racism and other douchey attitudes (especially by state officials and rightists) are another layer. But there’s a subtle, third layer, which is patronizing racism (especially by academics and leftists: “Oh your people are so in tune with nature! So egalitarian!”) and the assumption that only experts have the ability to explain “exotic” cultures. Layers 2 and 3 can be stupefying and degrading even when they aren’t violent.

So if the professor goes into the classroom and (as some of my colleagues do) starts talking right away about how evil Western cultures are and how dignified and beautiful indigenous cultures are, the students can fall prey to that third layer. They never develop their own voice and vision.

If you go in and lay down a bunch of conclusions and facts to memorize for the test, the students never get the incentive do their own intellectual work of asking how their own individual lives connect to the broader themes of academic study. Maybe they adopt the prevalent academic interpretation (capitalism BAD!). Maybe they just shut up and don’t share their vision with the class because they know it’s not “what the teacher wants to hear.” Or maybe they simply decide that they must not really know what their own life means.

So instead, I like to drop some breadcrumbs and let the students do the detective work.

Yes, yes, yes, “privilege” is all around us. And yes, yes, yes, I’m a white dude privileged to teach in this environment. But what makes my classes work, for me and my students, is not some guilt-ridden confession session about privilege, nor some moralizing lessons from me, lecturing them on how valid their life experience is, and lecturing the white students on how privileged they are. Instead, what works is to set up the incentives for my students to study hard and talk lots, and then to set up the clues so they can do the work of connecting the dots on their own.

Furthermore, “privilege” guilt sessions and “antiracist” moralizing have a very high rate of turning off the white folk in class, because they feel (somewhat rightly) that they’re being attacked. So, 9 times out of 10, they lash out or dumb down their own voices and visions. But when I drop the breadcrumbs, the white students can connect the dots too. And because I use fun, discussion-based classes, they can discuss the evidence and discover the truth step by step along with their indigenous peers. Fun is a better motivator of learning than guilt.

I do hope that my teaching leads in the long run to some liberation in the NAP sense. But I am certain it leads to some liberation in the psychological sense of shaking off the subtle, sneaky, racist, collectivist assumptions that tend to sneak into classrooms.

***

Originally published at Liberty.me.

Local Citizenship

In his latest blog over in Openborders.info, my usual stamping grounds, Nathan Smith discusses the need for citizenship to be voluntary. I agree with Nathan Smith wholeheartedly here. What value is citizenship if a man is forced to have it? A fellow citizen is someone you should be willing to share a meal with during the bests of time. A fellow citizen is someone you should be willing to trust in the trenches during times of war. A meal is never pleasant when your company is forced to be there, and I for one wouldn’t want to fight alongside an unwilling ally.

If citizenship is to be voluntary however the offer of citizenship should also be voluntary.  That is to say that a polity should be able to decide who it wishes to offer citizenship to. United States immigration law currently adds new citizens without much consultation to current citizens on whether they wish to accept newcomers. This is a plain violation of the right to free association.

It is for this reason that I disagree on granting US citizenship to its current illegal alien population. It is true that on occasion a majority of the US public favors granting a pathway to citizenship to the illegal alien population, but even during the best of times a substantial portion are opposed to it. I cannot see a justification to force someone to associate with another in political union when alternatives exist. To be fair, I also oppose granting citizenship to newborn babies regardless of whether their parents are recent Pakistani migrants or from Nebraska.

I favor instead replacing national citizenship in the United States with local citizenship. Cities are small enough that disgruntled minorities can easily move to somewhere more favorable to their views. City formation is also fluid enough that they can be broken up much more easily than their larger counterparts.

By no means is my proposal to radically change citizenship. The concept of citizenship was born in the Greek polis, and carried into the modern era through the Italian city-states and, to a lesser extent, the Swiss cantons and the Hanseatic League cities. Movement towards local citizenship would be the return to tradition, not a departure from it.

It was only after the French Revolution that we saw the rise of national citizenship as an idea in the western world. Arguably in the United States local citizenship was important up till the passage of the 14th amendment, which allowed the federal government to effectively nationalize citizenship.

We can already see early signs of local citizenship regaining popularity. In my home city of Los Angeles local citizenship is offered to residents who can prove they have a ‘stake’ in the future of the city. Stakeholder status is independent of migrant status and allows one to both vote and run in local elections. Stakeholder status can be achieved by showing that one lives, works, or owns property in Los Angeles.

Article 9, Section 906 of the Los Angeles City Charter readers:

“(2) neighborhood council membership will be open to everyone who lives, works or owns property in the area (stakeholders);”

In New York State there is a proposed bill, ‘The New York is Home Act’, that would grant New York state citizenship to those who have paid state taxes, have no substantial criminal record, and lived in the state for a certain number of years. This proposal is independent of one’s federal migration status.

The European Union also offers a model on how local citizenship can exist in union with federal citizenship. I favor this model the least as the EU regulates the obligations of member states towards federal citizens so heavily that the difference between local citizenships are becoming increasingly marginal. I fear that the ultimate outcome will be that, as in the United States, federal citizenship in Europe will simply become national citizenship.

My ideal world is composed of three pillars (1) local citizenship, (2) open borders, and (3) a common market. Cities could elect who they wish to grant the privilege of being involved in political life, and individuals themselves would be free to decide which city, if any, they would wish to join. There would still be those who felt they were being forced to politically associate but, an open borders regime coupled with fluid city formation and a common market, should allow this number to be minimized.


In his latest blog post on world government Brandon Christensen implicitly discusses world citizenship. I have previously aired my disagreement with Christensen on the issue of world government, but feel obliged to point out that the matter of citizenship is also one of the areas that leave me skeptical of world government. Namely my concerns are that:

(1) World citizenship would force all of humanity to associate politically, even if we rather not.

(2) World citizenship would create free rider problems among political actors. Why should one forgo the costs of becoming informed on political issues if their marginal effect on world issues is close to nill? Meanwhile larger governments, even if initially federal in nature, have a nasty tendency to increasingly take over local affairs. We need only look at the progression of transportation and education in the United States from being local affairs to federal ones.

On my to do list is to explore what the optimal amount of citizens is and a more detailed response to Christensen on the issue of world government. On the off chance that I should die before I can write the latter response, let me state for the record that I am actually quite supportive of international agreements such as NAFTA that bring us closer to a common market. I am even in favor of formalizing the loose federation that composes the western world. Where I stray is that I prefer an international order where powers like the Chinese and Russian spheres are strong enough to compete with the west.

P.P.S. I offer apologies if I drop off here and there. I lurk the consortium daily, and if I don’t reply it is because I’ve not yet mastered time management as well as others.