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

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Where are we now?

It’s been two months since I last posted here. The Last Ditch is not dead but it’s moribund. The same might be said for me.

I have made some progress since Mrs P the Second left last November. I am no longer in purdah. I am going out with my friends. I am making plans for my future. I have progressed from saying that I don’t want to be with someone who doesn’t want to be with me to actually meaning it. That’s not the same as being happy about it  I still feel bereft, lost and lonely.

We have filed for one of the new mutual divorces. We have agreed on the financial terms of our separation. It has not taken many conversations with friends who have experienced divorce for me to realise that I am blessed. Mrs P the Second is being reasonable, kind and considerate. She clearly regrets hurting me and is trying to make this as easy as possible. If anything, I like her better than ever. By this stage of most divorces, the other party and her lawyer would have raised the emotional temperature to the melting point of love. I know how lucky I am (though a smidgeon of hatred might make it easier at this point).

The pandemic being over, I am making travel plans. I intend to tour all the Lord of the Rings and Hobbit movie locations in New Zealand on an epic road trip next January/February for example. I hope my spirits will have sufficiently revived by then to make a good travel blog of the journey. I’m not shipping Speranza though. I will do it in a hire car.

Having no wife to leave my assets to tax-free I am revising my estate-planning. I’m responding to the wicked, perverse incentives of Inheritance Tax by planning actively to destroy the modest wealth I worked so hard and long to build. I hate that, of course. Those perverse incentives, born of envy and malice, will destroy our civilisation one day.

An Ancient Greek proverb said a civilisation is where a man will plant a tree to shade his grandson. By that definition IHT is uncivilised. No UK-resident family will ever own a global company in the way the Porsche family does. Much English energy that could have been expended on wealth-creation will be wasted. But “equality” (defined as “all being equally insignificant in the face of state power”) is more important to most English people now than productivity. Especially to the leftist “Deep State” Establishment wedded to that state power.

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Felicity

Those readers who know me will be unsurprised that I plan to destroy my wealth by automotive depreciation. My much-loved maternal grandfather was a store man at the Bentley factory in Crewe. He died young and still in service when I was sixteen. The company (then Rolls-Royce Motors of course) sent a car and bearers to his funeral. Talking to his co-workers I learned that grandad, though he had no interest in cars himself, had marked me as a petrol-head. He’d persuaded his craftsman colleagues to make me a scale model from offcuts of real cars. He was almost fired when caught trying to smuggle it out for me and was forced to destroy it in a furnace. Ever since hearing that story for the first time at his funeral, I’ve had an ambition to commission a new Bentley. 

I have already worked out the configuration for “Felicity”, as she is to be known. She’s to be a V8 Flying Spur in a burgundy colour. I plan to place the order when the divorce is final. My financial advisor is clear I shouldn’t tick off the Family Court judge by placing it sooner. Mrs PII is a robustly independent feminist who wants nothing from me but continued friendship, but our courts still see marriage as a financial transaction.

I’m not sure what the lead time is so this may take a while. I’m hoping to take my mother to the factory to collect Felicity. I plan to have Bentley place a plaque in the engine compartment that says “Commissioned in memory of” my grandfather. If you know Mum don’t spoil the surprise please. She hates all extravagance and is quietly horrified by all this. I’m hoping the plaque will make her smile. 


Grief, loss and hope

I apologise for posting once more about my personal life. It’s not in my nature, I hope, to overshare. The Oprah Winfreyite idea that everyone has a personal “truth” that it’s somehow brave or noble to bare disgusts me. It’s self-indulgent and morally-corrosive. Having begun a sad story here however, I didn’t want to let lie the impression it must have left.

I have felt sorry for myself since that post. Apart from two doctors’ appointments I’ve stayed home alone thinking dark thoughts and kept away from friends and family. There was perhaps an element of improper pride in that. I didn’t want the people who love me to see me broken. 

Today I had a drink and a meal with an old friend. A simple and yet a powerful thing. We touched on my grief and my reaction to it, but mostly we talked of things I blanked out in my self-pity. It was enough to help me see that, though I’ve suffered a blow, my life is still good.

We began, for example, to hatch a plan for a trip to Japan — for whose culture and food we share an affection. I would love to make that happen and document it here. COVID has put travel (and blogging about it) on hold but it would be good to do more. To take better photos, a wise man once advised, “stand in front of more interesting stuff”. It would be good to dust off my photography gear and do just that.

Yes it’s hard to be rejected by someone you love. It’s sad when a relationship breaks down, for whatever reason. Being dumped is certainly not good for that self-esteem the Winfrey-ites value above all but so what? How we feel about ourselves is often a poor guide. The Kray Brothers did not lack for self esteem, for example. The world might have been better if they’d had less of it. Amour-propre used to be considered a bad thing.

Ultimately there’s no value in being with someone who doesn’t want to be there. The only good human relationships are consensual. That consent having been unexpectedly and disappointingly withdrawn, a good libertarian must blink back his tears and move on. My soon-to-be-ex wife has her story and I love her enough to hope, in the end, it’s a good one. I’m sorry I won’t be in future chapters but hey ho.

Thank you, gentle readers, for your words of support and encouragement. They helped. I apologise to those of you (and those of my family and friends) who reached out directly and were ignored. I did not mean to spurn your help, I just wasn’t ready to handle it gracefully.

I am sorry to have troubled you here with problems that were no concern of yours. Please let’s say no more of it and move on with dignity.


Overheard at my health club

Two svelte American ladies of a certain age were having coffee today at my West London health club. They were in the next "pod" to me outdoors as I had a post-swim coffee before heading home. Perhaps it's those wide-open prairies but Americans, bless them, always speak a little more loudly than us so I didn't really have a choice but to listen to their conversation.

The topic was their mothers. Both moms back in the States are apparently unsure of the wisdom of being vaccinated. One cost of parenthood no-one tells you about beforehand is that one day you will be judged and found wanting by humans you could not love more; your children for whom you would cheerfully die. I confess their mothers immediately had my sympathy, regardless of the correctness of their views.

There was a good deal of sneering about conspiracy theories circulating on the internet. I found it surprising that both errant moms believed 5G was involved, but having listened quietly for another few minutes discovered that neither had ever said so. Their daughters were simply assuming that if they doubted government advice on vaccines, they believed all the other stuff too. One of the mothers is apparently a 9/11 "truther" and her daughter's observation that no government is capable of keeping such a dark secret struck me as fair. 

I have read all I can about the vaccines. As a lawyer I was uneasy that – whereas normally pharmaceutical companies complain of the time taken by regulators to license new medicines – in this case they were only prepared to release them so quickly if governments indemnified them against claims for adverse side effects. They were not prepared to stand behind their products and that concerned me. I was also concerned that, while I am sure regulatory regimes in America and the UK involve much pointless bureaucracy, delay and legal overkill, they were being swept aside so casually. I have no medical expertise, but my legal training made me uneasy.

Britain has been pretty quick in vaccinating its population, but (fortunately or otherwise – only time will tell) it was not the quickest. I read what I could about the effects of the vaccines in Israel and, based on that data, made a risk assessment in favour of being vaccinated. My concerns are still there, but I made a choice. I could easily have chosen the other way and I respect the opinions of those (like my fellow health club members' mothers) who did.

There are available facts and facts that will only become available in the future. People must make their choices based on their own risk assessment today. That useless truism is not the point of this post. The truly significant thing I overheard was this. Having sneered at her mother's belief that "we can't trust government", one of the ladies said;

I thought to myself – Mom, I don't want to believe what you believe because if it's true I can't have any of the things I believe in.

There, I thought, was a moment of insight; a moment (almost) of self-awareness. If government can't be trusted, then the societal change she wants isn't possible. Therefore, whatever the evidence, government must be trusted. That pretty much sums up the statist mindset. 

I don't know whether these mothers or daughters are right about this issue. I do know that one of the daughters (and her companion seemed to agree) is allowing her desires to displace her reason. In consequence, sadly, her mind will only ever be changed by a catastrophe I would never wish upon her.

I suspect many such earnest, well-meaning souls as Goneril and Regan (as I christened them) felt they needed to believe the state could be trusted at key points in the deadly history of the 20th Century. If the brave new world of Communism was to happen, for example, government had to be trusted with enormous power to make immense change.

Many Gonerils and Regans must have ruefully reflected on that in the Gulag.


Bread & Circuses

In their prime my paternal grandparents were each – in their different ways – formidable members of the "great generation". They didn't suffer fools gladly or (unless obliged by family ties and then with open scorn) at all. They thought psychology was fake. They thought depression was weakness glorified. My grandfather was a cripple and, as I learned the hard way, got angry if you used the euphemism "disabled".

Why are you playing with words? Calling me something else makes me no less crippled you bloody fool!

They thought hard work, prudence, patriotism and family loyalty were the keys to all progress. 

They may sound scary and  – to their first of many grandchildren – they often were, but they were impressive too. This, despite having suffered losses that would justify many moderns in claiming lifelong victimhood. They just accepted them as their fate, got on with life and became angry if you mentioned them.

My grandmother had received "the telegram" from the non-euphemised War Ministry during WWII after my grandfather broke his back in an accident on a troopship. His commanding officer had assumed he wouldn't make it and sent a premature report of his death. He survived, but was told he'd never walk. Grandmother's first inkling that the MoW had erred was his knock at the door, having walked several miles from the railway station. They expected no apology for the Army's incompetence and lack of concern for their welfare or (God forbid) feelings. They suffered no PTSD. They never thought to sue. There was a war on. Worse had happened to others. Worse still needed to be done to others, so the war could be won.

Grandfather was not confined to the long-promised wheelchair until his eighties, by dint of forcing himself to walk miles every day in agony. His country had rewarded him in 1946 by seizing the transport business that he and his brothers had founded with their savings from working down a coal mine as teenagers. He never complained about that, saying that the Labour Party was sincere, if misguided, in taking it and that his fellow citizens (including his sister) had voted for it genuinely believing the country would run it better. It hadn't (as he had predicted to them at the time) and he'd lived to see his business re-privatised. He had also lived to see the Soviet Union fall and died thinking such nonsenses were now ancient history. He never bemoaned his own fate in that experiment; saying when I pressed him on the subject near to his end, that to be angry at his Labour-voting family and friends would have achieved nothing but to make him miserable. Life wasn't ever fair. He didn't vote Labour precisely because he wasn't naive enough to think it could be. 

Why do I tell these stories now? Because I remember watching the personalities of these formidable folk crumble when old age and frailty confined them to their conservatory. Their view of the world became distorted as their direct experiences of it dwindled. Their news of events in their old orbit was limited to what visitors chose to share. These fiercely-independent people began to live inside their own heads and to get things wrong in ways their admiring, if fearful, grandson would never have expected.

As I have watched my country during the pandemic from my own equivalent of their conservatory; locked-down not by ill-health but state force, I have been alert to parallels between my experience and theirs. My information sources were limited as were the range of friends with whom I could discuss them. I feared to blog about the issues, not because I was afraid to be in a minority – I have been in that position for many decades now – but because I sincerely worried that I might be losing touch with reality. The situation was so artificial that I feared for my own judgement. I thought my mind might be failing me as theirs had in their isolation. As we begin to return to normality, I begin to realise I drew the wrong parallel.

I have been inclined to despise my fellow-Brits to be honest. Opinion polls suggested they were not the potential John Hampdens I had always imagined, but actually more like Pavliks. Even friends I had considered essentially "sound" were in fearful submission to, essentially, whatever the hell the establishment chose to tell them would save them from the plague. I kept quiet because I feared I might be wrong – and I was, but not in the way I thought.

We Britons have let ourselves down in this crisis. We have looked for answers elsewhere rather than seeking them out ourselves. We have listened too much to authority, while demanding it give us bread. In the last few days we've allowed ourselves to be distracted by authority posturing about the modern circus that is football. But in some ways we have been like my grandparents at their best, not their worst. Terrified by data deliberately warped to maximise our fears, we have tried our best to be good citizens in the face of danger. "There's a war pandemic on" we told ourselves, so normal rules don't apply and it would be disloyal to moan. Others have it worse (look at what a mess those idiots in Brussels, Paris and Berlin have made, for example) so we should just get on with it as best we can. 

Yes I was in my equivalent of my elderly grandparents' conservatory, but I was not alone. The whole frightened nation was in it too. The difference is that – unlike my grandparents – we're going to emerge. We have not yet failed the test of who we are as a nation. It is about to be set as we return to normality. I hope we pass it in a way that would make my grandparents in their prime proud.


A British divorce

Judge overrides prenup as Bob the Builder tycoon's daughter divorces | Law | The Guardian.

Frankie Limata married into the wealthy Luckwell family, which is in the film business. The marriage did not "work out" as people casually say these days. Love flew out the window in the course of arguments over money. Understandable arguments, perhaps, as our Frankie ran up debts of £226,000.
 
He has now obtained a judgement from the High Court ordering his wife to sell her home to provide £1.2 million to pay off those debts and buy a new home. This despite entering into a pre-nuptial agreement to the contrary and having given repeated assurances (upon which she and her family had relied to their detriment) that he would never make any claim against their assets. The home is his wife's sole asset and was a gift to her from her wealthy father.
 
His name may end in a vowel, but our Frankie is no man of respect.
 
I deliberately link to The Guardian's account so that readers can duly note how rich (and therefore in left-world, evil) the family subjected to this legalised banditry is. I am hoping that even the hardest-hearted among you is feeling for the Luckwells and recognising how disgusting it is that a man with no reasonable expectations of wealth should have acquired a right to a lifestyle he enjoyed by marriage.
 
The pretext of course, as so often with leftist evil, is "the children". The judge thinks it would be wrong for them to move between their mother's expensive soon-to-be-ex home in Connaught Square (near the Blairs) and the kind of home their father's income could provide. Personally, I think that would be an educational benefit in their lives. Children grow up both happily and unhappily in poor homes and rich ones; money having nothing to do with good parenting. Certainly any inconvenience to them would be infinitesimal by comparison with the damage done by their father's shameful example of dishonesty. 
 
With me so far? Now consider that this (with smaller numbers but in similar proportions) is what many British middle class divorces look like without attracting any press coverage at all.
 
The difference being, of course, that the sexes of the parties are reversed.

How far are we from the bottom of this slippery slope?

Child taken from womb by social services - Telegraph.

A pregnant Italian has a panic attack while on a training course in Britain organised by her employers. Her unborn daughter is ripped untimely from her womb by Essex Social Services. She is first put into care and then given up for adoption in Britain. All this is sanctioned by the Court of Protection despite the mother's court appearance in a stabilised condition at which she "impressed" the judge. Maybe it's because I am an ex-lawyer but the most sinister words to me are
she was deemed to have had no "capacity" to instruct lawyers
I have never heard of a fellow human more in need of a specialist lawyer than her. Anna Raccoon, a great campaigning blogger now lost to us often told horrifying tales of the secretive Court of Protection. Having spent my career as a business lawyer, I found them hard to believe. My own experience of our courts was of the bumbling, pompous, self-regarding inefficiency one must expect of any state monopoly, but never of malice or cruelty.
 
Is our law so dumb it can't infer a woman about to be assaulted in this manner might want a lawyer? Could one not have been appointed on that assumption? When back on her meds and able to appear sensibly in court, did our laws really give the state the power to take her child away permanently on the basis she 'might' have a relapse? After all, every mother 'might' develop a mental illness. Even an adoptive one hand-picked for compliance with state norms. 
 
Can anyone really disagree with her lawyers' mild assertion that 
...even if the council had been acting in the woman’s best interests, officials should have consulted her family beforehand and also involved Italian social services, who would be better-placed to look after the child.
For that matter, her family might have been better-placed to look after the child. Nowadays that doesn't even seem to occur to our servants turned masters. Our social services didn't even contact them. If there is a family member willing to accept responsibility, the involvement of social services should end. They need (if they are needed at all) to be reduced to the status of an emergency service, not regarded - as they now seem to be in Soviet Britain - as the default guardians of every child.
 
What kind of employer does this poor woman have that management even allowed social services to get near her? Why didn't they get her back to her family and the doctor treating her condition in Italy? If that was impracticable, did they feel no moral obligation to get her a British doctor who could sort out her meds? If that was impracticable, why did they not get her a lawyer? I think they should be named because I want to boycott them.
 
The victim of this miscarriage of British justice is bi-polar, but living normally with the aid of her meds. It could happen to any of us. Mental illness doesn't mean you cease to exist as a person. It doesn't mean you cease to have rights. It doesn't mean you cease to love your children. It doesn't mean you won't have a long life of grief if your baby is taken from you against your will and put forever beyond your reach. It does means you need protection, which is why the "Court of Protection" has that name. Sadly it seems to be a Newspeak name, if ever there was one.
 
A friend having shared some of his divorce paperwork with me recently I begin to fear that our Family Courts are worse than merely incompetent. Another friend, a judge specialising in immigration matters, told me her court was packed with leftists under the last government and that she was subjected to compulsory indoctrination. Still, I am reluctant to accept that any part of our judicial system is this heartlessly, brutally statist. I need to believe in the independence and neutrality of judges for without the Rule of Law we are lost. I could not expend so much effort on blogging if I had no hope.
 
One final, relatively minor, thought. Our society pretends to go to enormous lengths to respect and protect different cultures. How come this child can be denied her Italian heritage?
 

The British welfare state has created more invalids than the Great War

 

The video is a little ropey but please persist and view the whole thing. As ever, Dr Anthony Daniels (aka Theodore Dalrymple) is both interesting and darkly amusing.

He reports that, under a threat of violence (50% of doctors have been assaulted in the last 12 months) most general practitioners in Britain are routinely filling out fraudulent certificates enabling fit individuals to go "on the sick" where benefits are 60% higher than for unemployment and there is no need to pretend to seek work. More than 2.5 million people have such certificates and he claims that "the great majority of them are fraudulent or at least untruthful." More than a million people have them for "depression and anxiety" alone. He comments wrily that it is an achievement of the British welfare state that it has "created more invalids than the First World War".

Another achievement of the British welfare state is an enormous growth in heroin use. In the 1950s, when heroin addicts were registered with the Home Office, there were known to be about 60 in the whole country. It is now thought that there are about 300,000. He describes an official ideology that heroin addiction is a sickness beyond the addicts' control, which renders them unable to work and drives them to crime. An ideology he says is "completely and obviously wrong."

Every user chose freely to take heroin the first time and most use it intermittently for up to a year before beginning to take it regularly. Most users live in a sub-culture in which the consequences of taking heroin are far better known, as he puts it, than "the dates of the Second World War".

He says it's untrue that medical or other support is necessary to give up heroin. He jokingly calls Mao Zedong "the greatest drug therapist in history" because he told China's heroin addicts that if they didn't give it up he would shoot them. 20 million duly did. Without recommending such a radical approach, he points out that this clearly proves a "conceptual difference between, say, rheumatoid arthritis and drug addiction." Mao's approach, after all, would not have "cured" the former.

For so long as users don't give up heroin he says that's no reason for them not to work. Research shows that in the fifties most American addicts worked normally and indeed most of our own users now lead very active working lives - except that their "work" is burglary.

The growth in heroin use is therefore driven, he seems to suggest, by the needs of the "bureaucracy of care" serving the addicts. Its members need a passive population that takes no personal responsibility in order to secure their jobs. He believes that "at some level" these public employees know full well that they are playing games. In his words;

I would say the addiction services need the addicts more than the addicts need the services.

That's a more shocking critique of welfarism from an insider that I would ever have dared to offer from the outside. To suggest that an army of "carers" has, in effect, steadily built heroin use from 60 to 300,000 to give themselves jobs seems so wicked as to be scarcely believable. But then who would have thought the learned members of our medical profession could be recruited to knowing, if not willing, participation in frauds worth billions of pounds?

For all that its servants justify their jobs by droning on about the supposed immorality and greed of their bogeymen in business, only the state, ladies and gentlemen, can corrupt on such a massive scale.


Moral panics vs morality

New BBC row over Newsnight 'paedophile' politician probe - Telegraph.

I was surprised by last night's Newsnight (available here for a while on iPlayer). Not because it delighted (of course it did) in accusing a Conservative politician of the Thatcher era of being a paedophile, but because this was an old story and no new evidence was offered. The BBC knew it couldn't name the accused man for legal reasons (though it never explained that) thus putting under suspicion every male in Mrs Thatcher's government. 

Of course, the BBC itself is at the heart of a paedophilia scandal and an associated moral panic but even I would expect better of Auntie than deliberate distraction tactics. I would even have hoped better of it than to use such a non-story to mitigate the effect of two others on the same programme that cast its beloved Labour in a bad light. Sadly the relish with which it repeated "Conservative," "Tory," "Thatcher" was as evident as the care with which it played down all references to Labour in the other stories.

You may say the new story was that an old accuser (many of whose similar allegations have been challenged by the author of a book on the scandal) has demanded a meeting with David Cameron in a predictable response to the Prime Minister's silly "sweeping statement that abused people need to be believed." Those telling the truth need to be believed. The liars, bandwagon-jumpers, mass hysterics and fraudulent compensation-seekers need something else entirely. The difficult task in these cases, just as in those involving less emotive crimes, is to distinguish truth from lies. That task is not helped by emotionalism.

The middle of a moral panic is a dangerous time to make such a point. The witch-hunters are likely to look in your direction and - as you are not joining in their cries of "witch" - cry "witch" at you. Anna Raccoon has been experiencing a fair bit of that. I have never met her in person. For all I know some of the ad hominem attacks on her contain some grains of truth. Or not. Still her evidence on the subject of the alleged child abuse at the facility where she lived at the relevant time should be heard. In fact the more her enemies play the woman not the ball, the more I think what she has to say is important. Rod Liddle had some sensible observations on the subject in The Spectator (h/t Navigator for pointing me to that article).

The fact is that the middle of a moral panic is exactly when such points need to be made. For example, I am sure the North Wales childrens home affair involved real and serious child abuse. I am convinced that there are people who were rightly convicted of terrible crimes. But in the moral panic that attended the investigation into that case, it is possible (and I fear likely) that innocent people working in those childrens homes were wrongly accused and their lives trashed. We now know how stupid the South Ronalsday satanic ritual abuse story was, not to mention its American equivalents. Given that they were literal witch-hunts, it's hard to believe they were given credence in the modern era. Yet they were. And the reason-crushing cry of "think of the children!" went up against anyone trying to discuss them calmly.

One of the books that had the greatest influence on me as a young man was this one. It was on the reading list from my University before I started to study law and I commend it to you. I freely admit to using many of the debating tricks it mentions in my attempts to persuade people away from the current, morally-corrosive political orthodoxy. My role on this blog is advocacy, not academic study. I hope that I fall into few of the fallacies mentioned, however, and that I would be honest enough to acknowledge them if I did.

To say we need to keep our heads in the middle of the Savile affair and evaluate carefully all accusations arising from it is not to side with him. Still less, as the more rabid "moral entrepreneurs" are prone to allege, does it suggest any "agenda" in support of paedophilia. I would love to see the truth told and justice done, in so far as the guilty are in reach. Those taking part in the moral panic may see their ad hominem attacks as weapons in a crusade for justice, but they are dangerously wrong. Those they scream at as they ask them to consider the truth are not Justice's enemies. They are.


Hard cases and bad law?

Divorce laws should not be made by the grotesquely rich | Catherine Bennett | Comment is free | The Observer.

Pace Catherine Dorothea Bennett, Oxford grad., former Baroness Sackville and current squeeze of by-no-means-short-of-a-bob-or-two John Humphreys, laws are not made by those who are ("grotesquely" or otherwise) rich. In England & Wales they are made by the judges or Parliament. In the former case, highly experienced ex-advocates adjudicate real-life situations, setting binding precedents. In the latter case ex-postmen and PR men adjudicate the outcome of future situations based on their sick imaginings and/or grotesque political views. Give me judges and reality any day.

As this case illustrates, judge-made law evolves as society changes. At law school I was taught that pre-nuptial agreements were void ab initio as being contrary to public policy, which favoured the institution of marriage. That is now no longer true. While some of us may regret it, our society no longer regards marriage as so important. More than half Britain's children are born out of wedlock, after all. The Common Law of England is quietly doing its stuff as it has, reliably, for centuries. This flexibility, Ms Bennett dismisses haughtily:-

It is ... ancient tradition for the law never to be decided quite firmly enough that ... rich misers and resentful spouses cannot challenge it in future, which ensures that lowlier divorcing couples can never receive clear advice from their lawyers.

Judge-made law gave England & Wales one of the best (and certainly the most flexible) legal systems in the world. If ever you find an English law stupid, enquire further. You will usually find it originated in Parliament, not the courts. As a law student, I once asked Lord Denning if it was right, in a democracy, that he - an unelected judge - had had such an influence on English Law. He replied jokingly "Given the quality of the members of the House of Commons, young man, I think you are better off with me." He had a point. Democracy is the least bad way yet implemented of choosing men and women to administer the affairs of the state but does not guarantee the quality of legislators. English judges gave you equality before the law, habeas corpus and innocence until proven guilty.  Parliament gave you control orders.

Ms Bennett seems anyway far more exercised by the amounts at stake than the principle under discussion. Perhaps it's envy? Perhaps the amount at stake when she divorced the 7th Baron Sackville was not as much as she could have wished?

Of course it is an ancient tradition that English divorce law should be decided by cases brought by impossibly rich misers or their resentful spouses.

It's true of course that the judges more often adjudicate on the troubles of the rich. That doesn't make the precedents less useful. In fact, let me put this in terms our Dorothea might approve of; the rich pay a kind of "progressive" taxation whereby the money they spend on litigation benefits the little people. Arguably, it was the first such taxation in our history.

The thrust (if not the tone) of her point, when she finally gets to it after tedious paragraphs of envy-fuelled ad hominem (and gossipy trivia more worthy of Hello than The Observer) is not as bad as one might fear;

...if the Radmacher precedent saves just a few spouses from archaic laws and modern lawyers at the same time that it propels ex-trophy wives into gainful employment, the eponymous divorcee probably deserves her triumph. If nervous couples are thereby nudged up the aisle, the Church of England might also find itself indebted...

Quite. And can I just add that the only person (apart from the Supreme Court judges and my learned friends on both sides) who comes out of the Radmacher case with honour is the lady's wise father. Without his stern defence of her interests when she was "head over heels" in love, there would have been no pre-nup to uphold. Well done, sir.


Worse and worst?

New Details on Tiger's Prenup - The Daily Beast.

Tiger-woods-focus-on-what-to-do-next-accenture
I am sorry to return to a subject that upsets my valued female readers, but I am interested to know how they react to the linked story.

It seems that Tiger Woods has been unfaithful to his wife. It is reported she is re-negotiating their pre-nuptial agreement so as (a) to receive more money than previously agreed in the event of divorce and (b) to receive an advance payment of $5 million in compensation for his behaviour. If these unconfirmed accounts were true, which behaviour would be worse? Of course it is not clear who made these financial proposals. Maybe they came from Mr Woods and his wife is secretly disgusted (but playing along to maximise her future divorce settlement). If so, how does that change your view?

Now some questions for male readers. How would you feel if your wife, in such circumstances, demanded money to remain your wife? And how would you feel about yourself, if you had offered your wife money to stay with you?

I am sure some readers will feel this is not a "normal" marriage. Paying large sums to his wife may be a good investment for Mr Woods if it means he can maintain his clean image and continue to derive a good income from Accenture and other sponsors. But there are children involved. What does it mean for them to grow up in a family based on a financial deal?

Finally, a question for everyone. How do we feel about the women who are now coming forward to describe their private liaisons with Mr Woods to the press?

For myself, if these accounts were true, I think I would feel more disgusted by Mr Woods. In his place as soon as money came into the equation, I would accept the marriage was over, take the image and financial consequences, initiate a divorce and do my best to protect my children. My main problem would be to handle - without bitterness - the realisation that I had loved a woman prepared to contemplate charging money for "forgiveness". And to deal with the realisation that, given the attitudes of the family courts, she would be bringing up my children without my influence.

Maybe, happy thought, that's the explanation? Would we all feel differently about Tiger Woods if it transpired that the reported bribes were to allow him to stay near his children and the "image" issue was incidental? How would we feel, under that hypothesis, about a mother renting access to her children?