THE LAST DITCH An Englishman returned after twenty years abroad blogs about liberty in Britain
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May 2016

The most dangerous man alive

Thomas Paine (January 29, 1737 – June 8, 1809) is my political hero. I didn't adopt his name as a nom de guerre because I agreed with all he wrote. I hubristically purloined it because I admired the force of his writing. "Common Sense" was the most influential pamphlet in the history of the world and - had the internet existed in the 18th Century - it would have been a blog post. In a vain (in both senses of the word) attempt at sympathetic magic, I hoped - when I began this blog over eleven years ago - that it might have half as much effect.

He left school at 12 and never went to university. He was an autodidact, spending spare cash on books and spare time on attending lectures and debates. It speaks to his greatness that he is claimed these days by both Left and Right - each conveniently ignoring those parts of his thought that don't match their thinking. He believed in society taking care of the weak and unfortunate but he did not confuse society in any way with the state. He was a sceptic when it came to government. He was reviled and assaulted in the USA he helped found because no sooner was the revolution over than he was attacking corruption in the new government. He was sentenced to death in Revolutionary France, where he sat in the National Assembly, for opposing the execution of the King and denouncing the Terror.

He died thinking himself a failure; disappointed with the outcomes of both the French and American revolutions and sad that he had not been able to incite one in England. But his words still echo. He proved that one person can make a difference if prepared to put his work before his safety. He's not alive any more but he's still dangerous. More so perhaps than the Lenin and Marx with whom Steinbeck once bracketed him. His ideas will live as long as free men breathe.

I was pleasantly surprised by the even-handed approach of Melvyn Bragg - a Labour luvvie if ever there was one - in presenting Paine's story in his "Radical Lives" series. I commend his programme to you. 


Melvyn Bragg's Radical Lives E02 Rights of Man... by DemonPreyer1 

At this moment of British Crisis, with rogues on both sides of the referendum debate playing on our fears, I also commend to you the words from Paine's American Crisis that Washington read aloud to his troops before the Battle of Trenton;

“These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives everything its value.” 

I will not lower myself to conscript the dead to my cause as both Leave and Remain have done with Thatcher and Churchill. For all I know, Paine might have supported the EU, while demanding more effectively than we have ever done the application of real democracy and the extirpation of corruption in its governance. Still, I feel sure that the emotional response of free men and women to the aristos of the European elite should be the same as that of Paine to the "asses for lions" of the 18th Century. Our modern aristos are self-selected, rather than picked at random by nature, but their contempt for the people they seek to rule and their sense of entitlement to lord it over us, is every bit as profound. They should meet the same fate and I hope - in my own name not Tom's - that June 23rd begins their procession to a figurative guillotine.


On not over Stating our case

My Sunday Times today has an article about the booze culture of Westminster. It's an interesting enough piece but what struck me most was the title; "Drunk in charge of the nation". Are our political leaders — drunk or sober — really in charge? Does the government "run the economy?"

The Executive and its minions in the Civil Service run the state. The Legislature determines (directly, or by delegation to Quangos or treaty organisations) the extent of that state's rôle in the affairs of the nation. The Judiciary adjudicates disputes both between citizens and between citizen and state. But the state and the nation are not the same thing.

The British state is undoubtedly too big, too costly, too intrusive, too wasteful, too stupid and generally too big for its boots but we, the more or less willingly governed, are the nation. The state and its employees are our — more or less humble — servants. The money they mostly squander comes from (or in the case of its drunken sailor borrowings is underwritten by) the private sector in the broadest sense of the term. Everyone who pays taxes from earnings *not* paid to them by taxpayers funds the state.

The state is to some extent a necessary cost to the nation. In Britain, as in the rest of the free world, political debate largely turns upon the "someness" of that extent.

In that crucial debate, confusing the ideas of "state" and "nation" helps statists. It allows them to brand as disloyal any opposition to state projects. I certainly saw that during my days in Russia where the ruling kleptocracy allows no such distinction. Though the Russian nation is as cultured, enterprising and lovable as the Russian state is vile, vulgar and putrid the fallacy that to oppose the state is unpatriotic prevents rational debate. In truth, as Edward Abbey (and not, as mistakenly suggested on the Internet, my illustrious namesake) said

A patriot must always be ready to defend his country against his government.

We anti-statists don't help clarify this state/nation confusion by constantly focussing on the centrality of the state. Almost everything that's good about our nation; its culture, its wealth, its inventiveness, its civil society, its philanthropy, its charity, even its sport flourishes in spite, not because, of the great bloated parasite that hectors, lectures, condescends to and tyrannises us.

In our darkest moments perhaps we should remind each other that our nation may not flourish as it deserves because of our defective state, but that it still flourishes. Only a healthy beast could gambol on with such an enormous bloodsucking parasite draining its vitality. Certainly not one that was "run" or "controlled" by it.


EU 2 #VoteLeave

Time and again journalists interviewing members of the Leave campaign ask "what will Britain look like after Brexit?" If not satisfied with the answer (and as a matter of principle they are never satisfied) they say "How can you ask people to vote for something when they don't know what it will be like?"

These are damaging exchanges for Leave despite the fact that it's a stupid question. It's a classic "Project Fear" tactic; sowing doubt and uncertainty in the minds of voters, most of whom are healthily focussed on living their lives to the full and don't plan to think too hard about this historic decision.

Britain after Brexit will be very different if people vote for Jeremy Corbyn or George Galloway than it will if they vote for Boris Johnson, Michael Gove or even me! All that George Galloway and I have in common is that we believe the future direction of our country — left, right, up, down, forward or backward — should be set by the British people. He would take it in a totalitarian direction. I would take it to the very brink of anarchy, take one step back and stop.

We agree on almost nothing else but that *you* should choose between the available options, not unelected officials in Brussels. There is therefore no logical contradiction when he bangs on about "workers' rights" and I bang on about deregulation. Is that really so hard to get over, because the Leave campaign is signally failing to do so? It's especially disappointing as we don't know how far in any direction the EU will take us if we Remain. Being risk averse makes no difference in this decision because either choice leads to the uncertainty grown ups call "Life".


Let's talk about EU baby

I'm saddened by the standard of the EU referendum debate. I have never revered Godwin's Law but would happily agree that the next side to mention Herr Hitler loses. I wish we could talk to each other as adults about this serious issue. Politicians may think it safer to underestimate our intelligence, but it's only true if they are not caught in the act. In that respect, I begin to doubt their judgement.

This is not an existential issue. Britain will continue regardless. On balance I think we would prosper better outside the EU. I also think we would be happier and that the rump of the Union would have a better (though still poor) chance of success in its ill-conceived and archaic venture. If we Remain we will never be a good member. We will always cause trouble. Our sister nations will make more use of the eye roll emoji than any other when texting each other about us. Here's why.

There is a greater philosophical divide between the two families of law involved in the EU venture than there is between Christianity and Islam. Few citizens of Civil Law and Common Law countries could articulate the differences. Indeed most lawyers from either tradition could only do so at a theoretical level. I am a Common Lawyer by training but I spent two-thirds of my career practising law in Civil Law jurisdictions and I can tell you that - for all their blissful ignorance of jurisprudence - our citizens have a different emotional response to law itself.

One can build a modern civilisation using either system. Everyday life in Britain and Germany for example is not that different. The fact that we started with anarchy and subtracted liberties (too many in my view) to arrive at our present civilisation and that they began with no rights and were granted them (too few in my view) might seem like the difference between sculpture and painting. Both can produce beautiful art. Who cares that one is additive and the other subtractive? Few people I suspect, fearing for the readership of the next paragraph!

If you see your rights as deriving from law and your law as deriving exclusively from legislation enacted by politicians however, you are likely to respond more warmly to new laws than those of us who see law (quite reasonably) as an occasionally necessary evil. You are more likely to regard politicians as benefactors which, incidentally, maximises their already great tendency to be corrupt charlatans. Corruption is endemic in Continental Europe. I say that from twenty years experience. I don't believe it's because they are worse people (most of my friends really are Continentals) but because they have an inferior system of law and government.

Let's say that an Italian dies of food poisoning and the offending food is traced back to a dirty butchers shop. The EU Commission might respond to the problem with the Hygiene in Butchers Shops Directive, which reads quite simply that "Butchers Shops must be clean".

When this Directive arrives in London the British Civil Service must translate it into the negative language of the subtractive Common Law. They will generate a document listing all the unhygienic items that may NOT be introduced into such establishments. A thick local version of the Bill to implement the Directive will land in the House of Commons library, on the desk of the EU correspondents of the newspapers and at the Butchery Trade Association. All hell will break loose at the intrusive regulations foisted on us by Brussels. And Continentals will marvel that those damned Brits don't want clean butchers shops.

Meanwhile the five word Directive will have been voted into law in the Continental Parliaments. Ministry of Health officials will appoint inspectors. French butchers will sigh and bribe them. German butchers will proudly impress them with their sparkling chopping surfaces (and then bribe them just to be sure) and so on.

This little parable explains much of our problem as an EU member. I told it to a German lawyer over lunch last year and he said "... For the sake of European peace you should give up your legal system and move over to Civil Law..." I said we had ended many European wars but started none. Civil Law countries had started all of them. If anyone was to give up their legal heritage, therefore, perhaps it should be them? He paled, his German colleagues fell silent and a Russian colleague laughed. "He's right you know". And I am.


Don't blame the millennials, blame their teachers

Trigger warning: This post is full of generational generalisations. 

I don't share the general pessimism of my age group about the millennial generation. The Misses Paine are millenials. They are serious intellectuals, hard-working women who want to make a contribution to the world they live in and generally fine human beings. So are all their friends that I have had the pleasure to meet. I would go so far as to say that the millennials I know (admittedly a sample limited by my daughters' excellent taste and my former profession) are more sober, hard-working and serious than I was at their age.

In the wake of 2008, many millennials are having a much tougher time than the late Mrs Paine and I did at the beginning of our working lives. We walked, debt-free, out of university straight into employment. We earned enough to leave our parents' homes and pay our frugal way. We were able to marry at 23, rent a crappy flat for a couple of years and buy our first modest home. Neither of us were unemployed until we chose to be. We worked hard, took things seriously and struggled at times, but our lives look golden in retrospect compared to the struggles of the average millennial.

Nor do I join the Daily Mail and today The Times on reviewing this report (actually about post-millennials currently at university but I suspect reflecting similar beliefs), in fearing for them ideologically. They are not a political bloc any more than our generation was. They are socially liberal but they are also sceptical of politicians' promises to fix their economic problems. Some go so far as to criticise previous generations for having voted themselves unfunded benefits, incurring massive government debts now dumped on them. They are right. They have been screwed.

To the extent that they have scarily illiberal ideas, I think the interesting question is why? Based on my daughters' experiences at British universities, I blame lecturers of my generation. We may have won the debate in 1970s student politics about "No platform for fascists and racists" on a pure free speech argument. But then most of us on the winning side went into productive work and many of the "no platform" losers went into academia. They have indoctrinated subsequent students to the point where only 27% of them (and only 22% of women) believe that "Universities should never limit free speech".

Screenshot 2016-05-23 09.38.01

Some of this is simple confusion about the difference between good laws and good manners. Laws should only prohibit real harms, which do not include hurt feelings. I might ban from my circle of friends someone who went off on a racist or anti-Semitic rant, but I would not call the police. Universities can make their own rules, just like me at my dinner table. But the consequences are very different because they are rather more important fora for intellectual debate.

If students are not prepared to confront the ideas they dislike in the comfort and relative safety of a university lecture hall, how are they going to deal with them in the real world? And what, whisper it softly, if some of the ideas they hate turn out to be right?

Leftists have divided society into a hierarchy of victim groups entitled to dismiss the views of their supposed oppressors. But in the tradition mocked in "Life of Brian" when the Judean Peoples Front fought the Peoples Front of Judea, they have also allowed their zealotry to divide them in frankly hilarious ways.

Feminists like Germaine Greer are now banned from campuses because of remarks like her infamous "transphobic" observation that;

Just because you lop off your penis and then wear a dress doesn't make you a ******* woman. I’ve asked my doctor to give me long ears and liver spots and I’m going to wear a brown coat but that won’t turn me into a ******* cocker spaniel.

An interesting phenomenon in this context is the emergence of the "licensed dissident." The only people who can easily challenge illiberal views are those from the Left's pantheon of the oppressed who as Milo Yiannopoulos puts it, "go off the ideological reservation". Hence the importance of his "Dangerous Faggot Tour" of American campuses in which he systematically "triggers" the "spoilt brat rich kid social justice warriors" and exposes their idiocy by posting videos of their screaming on YouTube.

 

My favourite of his videos is this one of a panel at UMass with Steven Crowder and Christina Hoff Sommers. I particularly enjoyed her summary of "gender studies"

It's ideology pretending to be scholarship. It's propaganda pretending to be fact.

Milo is even more amusingly forthright on that topic and more seriously says in the course of the discussion;

The violence is coming not from the right but from the left and it is informed and justified in the minds of activists by this zealotry.

Yes, I see millennials behaving as absurdly as my leftist contemporaries but I also see them arguing against such absurdities with great verve and skill. I also hope that soon the effects of 2008 will be behind them so they can start to earn properly and pay more taxes. Nothing produces economic liberals faster than excessive tax. So, once again, and perhaps to my own surprise I am on the side of optimism.


Political geometry

I know from the blogs I have been following during my purdah that the liberty-minded continue to despair and with good cause. Our government still knows no boundaries to its power and has no hesitation about interfering in the minutiae of our private lives. But there are some good omens, in my view.

Bill Clinton, or rather his spin doctor in the 1990s, pioneered the concept of "triangulation"; taking "your own" voters for granted and talking mainly to those on the other side. It worked well for him and has succeeded elsewhere. Tony Blair acted Labour but talked Tory. So much so that many on the Left hate him more than they hate some Conservatives. David Cameron's every public utterance seems directed, flirtatiously, to Polly Toynbee.

I always felt triangulation was morally wrong but could not work out how it might be opposed. Normal, decent humans glance at political headlines and half listen to sound bites. Who can blame them? Life is both short and full of distractions. Joe and Jane Public buy triangulation even though (or perhaps because) it is so far from the principled approach of "conviction politicians" aka scary bores. In a well-functioning democracy, where the role of government is limited, their trust should not get them into trouble. There is no shortage of geeks and bores who want to take care of the tedious stuff.

For so long as Parliament or Congress consists mainly of wily, unprincipled sneaks seeking to show a half-listening public they "care", however, we are easy prey for rent-seekers, lobbyists and narcissistic celebrity chefs. The politicians and those lobbying them have a freer hand the more triangulation hollows out our political parties. There are decent-sized fishing clubs with a greater membership than the once glorious Conservative Party. When I was born they had three million members but they stopped publishing their numbers in 2014 when they were down to 150,000. The Labour Party became so small that "entryism" returned. The hard Left now have their feet firmly under the party's table.

I think triangulation is beginning to fail precisely because of this "hollowing out." I have two arguments for this. Jeremy Corbyn and Donald Trump.

The faithful of the Republican Party have been complaining for some time about "Republicans in Name Only" (RINOs) and launching groups like the Tea Party to change its direction. The RINOs blundered on disdainfully, still confident no Tea Party member would ever vote Democrat. Now American conservatives have - as American conservatives will - reached for their gun. And the name on their piece is not Glock, but Trump. The GOP's bemusement as he rolls on regardless of his gaffes shows how they miss the point. Their voters are saying "Talk to us. Listen to us. Stop ignoring us. Or else..." His bizarre rants and the way he attacks people almost randomly; certainly without regard for political correctness or opinion polls shock the RINOs. They are meant to. Their rabbit-in-the-headlights horror is precisely their electorate's goal. If Trump makes it into the Oval Office every conservative leader is going to have to focus on making the GOP turn to face its traditional voters. And if he doesn't, the same. What he means for the rest of us remains to be seen, but he's a win win for Conservative America.

Mandelson_3262707b

The same logic applies to Corbyn. My Labour voting relatives up North see Blair as a traitor and class enemy. He's no posher than Corbyn of course - and he's a hell of a lot cleverer. He's no less inclined than Corbyn to favour the fleas over the dog - as witness the growth of the public sector payroll and the way its average income passed that of the private sector on his watch. Not to mention all the stealth taxes that raised as much as the whole of income tax on the day New Labour was elected. But they are only reading headlines and hearing soundbites, remember? Blair rubbed them up the wrong way. On purpose. And they don't like it. He paraded John Prescott on a leash as his pet member of the Northern working class - the very people who founded the Labour Party and still believe they own it. But they were not fooled. They believe that Peter "ooh Guacamole!" Mandelson is his true friend. Are they wrong?

Blairites whingeing about Corbyn making the party unelectable miss the point. They don't want an unelectable idiot like Corbyn, but - more than they want an immediate Labour government, they want a leader who doesn't condescend to them. Corbyn is the brand name on the baseball bat they are waving at the LINOs heads. Judging by the snootiness of Pat Glass, Shadow Europe Minister, yesterday they are not taking it seriously yet. Those in the Westminster bubble don't yet realise that calling names doesn't work any more. Like advertising, it is so pervasive that it has faded into the background and can easily be ignored. 

The good people of Sawley are more likely to remember Glass couldn't be bothered to check where she was before swearing never to return there than that yet another bubble-dweller called them bigots.

My first reaction to the election of Jeremy Corbyn as Labour leader was to rejoice that they are now unelectable. My second reaction was to realise it takes the pressure off the Conservative Party to stop talking pointlessly to Polly and recover its connection with its voters. My third reaction is to welcome the imminent return of adversarial politics from distinctly different political perspectives. I want to see politicians as opposing barristers pleading their cases to the jury that is us. The British people successfully steered their government for years as if it were a tank. They alternately accelerated or decelerated the left and right tracks. As they were only allowed steering inputs every five years or so, it was clumsy but over time it worked.

To try yet a third metaphor it is time for the boxers in red and blue trunks to return to their corners and pay attention to their coaches. I think it will happen and that's my ground for optimism. Dear readers I have missed your inputs so please let me know where I have erred.


Second thoughts

I gave up political blogging for selfish reasons. I felt I had said my piece, that's true. I was afraid of repeating myself, that's also true. But I found it stressful, was dispirited and was seeking to avoid personal conflict with those around me (i.e. most people in my circle) who do not share my views. My career had ended. My marriage had ended with the death of my wife. The life I had known was over. Throwing my blog onto the burning longboat seemed natural.

There are important developments in the political world - some of them encouraging. In a democracy every humble voice should matter but to matter, it must first be heard. There is still no political party in Britain that wants to hear views like mine. I don't own a newspaper or a TV station but I do still have a blog. Candle, darkness, curse etc.

After giving up political blogging I attended an event at the Adam Smith Institute. A few young people inclined to a liberty-driven view of politics were kind enough to buy me a drink and tell me they had had enjoyed reading my posts here. Their own intellect and studies had led them to where they stood politically, but it was good to feel I had encouraged them a little. I have often thought about that since and smiled.

I have also enjoyed reading and watching Trevor Phillips, formerly of the National Union of Students (where I first encountered him in the 1970's) and latterly of the Equalities Commission, express Guardian-annoying views in the past couple of years. It's probably coincidence of course (or a good example of the post hoc ergo propter hoc fallacybut these views seem to have emerged since an encounter with him at a Battle of Ideas event.

I have strong feelings (and some relevant experience) on the subject of the EU. The voice of the late Mrs Paine has been in my ear on that subject. Years ago, she asked me to stop talking about it because (a) I was becoming a bore and (b) there was no hope of change. But she would have thought it odd for me not to speak about it when there is a chance to fix what she always viewed as an historic national error.

Many drops of water, over time, can form a canyon. Perhaps I owe a duty to drip a little more?