Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
18 U.S. Code § 242
Only Shows One Tattoo at a Time
Missing: One F-35
Right Angles to a Unicorn
What is the Constitutional Ground for the DOJ?
And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided.
Attorney General Merrick Garland struck a defiant tone Wednesday in defending the Justice Department as independent of the White House and Congress, but Republicans attacked him repeatedly for the handling of high-profile investigations of Hunter Biden and Donald Trump."Our job is to uphold the rule of law," Garland told the House Judiciary Committee in an uncharacteristically emotional statement....
Garland reminded lawmakers, according to the prepared remarks, that he represents the American people rather than the president or Congress.
“Our job is not to take orders from the President, from Congress, or from anyone else, about who or what to criminally investigate,” Garland said.
That is simply not true. Practically, he acts as if he knows it: he is clearly being guided by political imperatives in his handling of cases both high and low profile. The independence he pretends to is unconstitutional and improper.
Here as elsewhere, I am not suggesting a program of reform but just trying to speak the truth about it. Congress is toothless against the bureaucracy and does not want their power back; the President is a nonentity, and none of his proposed replacements have the necessary virtues either. The DOJ is doing what its leaders please to do, politically: they are indeed functionally independent, exactly as they should never be. The system is broken, and is not capable of fixing itself.
Power Over Nature
Women in the early to late Middle Ages who starved themselves were later worshipped as saints, such as Wilgefortis (meaning strong virgin), Rose of Lima, Orsola Giuliani (known as Saint Veronica Giuliani), and probably most famously, Catherine of Siena. Almost all of these young women stopped eating when their parents were arranging their marriages. Catherine of Siena’s parents were hoping she might marry the widower of Catherine’s adored older sister, who died in childbirth. Catherine was less than thrilled at this idea and starved herself until any thoughts of marriage were moot....The self-denial of Catherine—and the others—was seen as akin to holiness. While it’s tricky to compare eighth- to fifteenth-century women with twenty-first-century ones, the phenomenon of girls and women starving themselves has existed for millennia. And even if Catherine of Siena and Zhanna Samsonova were not classified as suffering from the same syndrome, they both learned that a woman not eating is an effective way for her to seize control when she feels otherwise powerless. All the saints listed above stopped eating at the time their parents were urging them to get married. I paused time by starving and arresting my puberty.Anorexia gave me nothing. All it did was take away my teens and twenties. But for the medieval girls, it gave them enormous power.
Arresting puberty as a means of self-empowerment has obvious parallels with the puberty-blocking drugs sought for teenagers today -- and with the more-permanent surgical options. Also, in the case of women, with birth control and abortion.
All of them are alike in finding power, as they describe it, in being able to deny their nature. This is an odd locution when you think about it. Both "power" and "energy" are usually described as the ability to do work. "Horsepower," for example, is the mechanical ability to lift 550 pounds one foot in one second. Here "power" is being sought by preventing function rather than enabling it.
What sort of power is this? The power of the will over the physical, but what is being willed? It is not to be what one is, not to change, not to have one's body develop and flourish according to its nature; not to marry, not to conceive, not to move from girlhood to womanhood, from womanhood to motherhood.
It is a will to stillness and the absence of change, which is to say that it is a death-wish. It is therefore not surprising to find that it ends in death.
So does life, of course.
Why are the Flags at Half-Mast?
Self-Imposed Limits
"Gandalf as Ring-Lord would have been far worse than Sauron. He would have remained ‘righteous’, but self-righteous. He would have continued to rule and order things for ‘good’, and the benefit of his subjects according to his wisdom (which was and would have remained great). Thus while Sauron multiplied [illegible word] evil, he left ‘good’ clearly distinguishable from it. Gandalf would have made good detestable and seem evil."
-- J. R. R. Tolkien
99 Bottles
I realize it's very early in the workweek for this sort of thing, but I heard it today and it struck me how obvious it was to make this song -- yet no one had ever done it. We all know the old campfire / road-trip classic, and there are plenty of beers out there to sing about, so why not make an elaboration? Someone finally thought to do it, and it's kind of fun.
Two on Philosophy of War
What follows the jump is a brief commentary on a pair of essays on the philosophy of war.
Happy Birthday, Hank
Doing things right
Silly Stuff on a Saturday Night
How often do you think about the Roman empire?
I first saw this internet trend in the Babylon Bee, and was confused:
Man Who Hasn't Thought About The Roman Empire In Over A Week Worried He Might Be Trans
What?
Then, I thought I'd listen to some music on YouTube and there was Brett Cooper, talking about this:
Well, now I (we) know.
So, how often do you think about the Roman empire?
Edward Gibbon comes up in my research from time to time, so once a week or so for me, I guess?
Why Should You Care?
There’s a very short and very brutal poem by the Scottish poet Hollie McNish, written in 2019 and titled “Conversation with an archaeologist”:he said they’d found a brothelon the dig he did last nightI asked him how they knowhe sighed:a pit of babies’ bonesa pit of newborn babies’ bones was how to spot a brothel“It’s true, you know,” said the writer and lawyer Helen Dale when we had lunch in London last year and I mentioned this poem, which I chose as one of the epigraphs to my book The Case Against the Sexual Revolution. Helen was a classicist before she was a lawyer, and as a younger woman she had taken part in archaeological excavations of ancient Roman sites. “First you find the erotic statuary,” she went on, “and then you dig a bit more and you find the male infant skeletons.” Male, of course, because the males were of no use to the keepers of Roman brothels, whereas the female infants born to prostituted women were raised into prostitution themselves.
She of course ties this to our own addiction to abortion, a move she herself describes as "a provocation." I think there's a real division between those to whom the connection is obvious and those to whom it is a provocation. But she is not fully opposed to abortion; as she notes, she might want one herself someday.
What she's really worried about is the end of Christianity's heritage in our moral understanding, including her own:
I’m emotionally and intellectually drawn to Christianity, and—like everyone else—I was raised in a culture suffused with fading Christian morality and symbolism. But I don’t believe, not really.
So if you don't believe, why do you care? I mean the question sincerely: it's worthy of exploration.
One possibility is that it's just a kind of hangover, a product of having grown up in a society that believed certain things, having rubbed up against those things until they were somewhat internalized, and now having the residue of that even though you aren't convicted. If that’s all that’s driving your moral feelings, you might as well abandon them; they were only ever an accident anyway. Nothing hangs on their passage, well, but for some lives of children.
Another possibility is that at least some of the claims of the faith are true: that there is a thing in us that longs for justice, and finds justice outraged by the killing of the innocent to serve the interests of those stronger and bigger than they are. (Even if this is not, as she suggests, 'murder,' noting that both infanticide and abortion almost could not be convicted in court in England or Scotland even while juries were all male and the society much more Christian than presently.)
If there is something true to which you are responding, perhaps others will continue to respond. Even if you don't believe in the whole, you must at least believe some part of that to think it even matters if the morality of the public changes.
She closes with another striking passage, which deserves mention.
What if... we understand the Christian era as a clearing in a forest? The forest is paganism: dark, wild, vigorous, and menacing, but also magical in its way. For two thousand years, Christians pushed the forest back, with burning and hacking, but also with pruning and cultivating, creating a garden in the clearing with a view upward to heaven.
But watch as roots outstretch themselves and new shoots spring up from the ground. The patch of sky recedes. “Paganism has not needed to be reinvented,” writes Steven Smith: It never went away. “In a certain sense, the Western world has arguably always remained more pagan than Christian. In some ways Christianity has been more of a veneer than a substantial reality.””
With no one left to tend the garden, the forest is reclaiming its ground.
Paganism is also a clearing in the forest, though: we know that from the Venerable Bede, who recorded a conversation with a converting pagan on just this point. He likened the passage through life to that of a bird appearing in a fire-lit hall of an evening and flying to the other side. While it was in the hall and visible to others, it was bright and beautiful; but before it came in the hall, and after it left, nothing could be said about it at all. We knew nothing about the bird, as the pagan knows nothing about where the soul is before death or what happens after; the man is only visible for a short space. A clearing in the forest would do exactly as well in this metaphor as the fire-lit hall.
Chesterton transformed that story into a few lines of his famous ballad, in which he characterizes the pagan's worldview even more despairingly than that.
‘For this is a heavy matter,
And the truth is cold to tell;
Do we not know, have we not heard,
The soul is like a lost bird,
The body a broken shell.‘And a man hopes, being ignorant,
Till in white woods apart
He finds at last the lost bird dead;
And a man may still lift up his head
But never more his heart.
Chesterton wasn't quite right about that. The pagan thought of death as a return, of sorts; to the ancestors, or the land of the dead where souls wait to be reborn (perhaps, as in Valhalla, after a destructive turning that causes the whole world to be reborn). Still, a return to paganism doesn't create an escape from the problem; and the question of what, if anything, is owed to the weak and the helpless will remain. The reasons why we care about that are important.
A More Successful Approach
An Inversion of Categories
Via Instapundit, a 'sociological law' (subject to the same limitation as all such 'laws,' which is that they are not laws if they do not apply).
I had a crack at coming up with my own sociological ‘law’ and my first effort went as follows: “The more progressive a country is when it comes to sex and gender, the more authoritarian it is when it comes to speech and language.” I was thinking of Ireland which, having legalised abortion in 2018, is about to impose the most draconian speech restrictions in Europe. I now propose a second law: “^Any group described as privileged is in fact marginalised; and any group described as marginalised is in fact privileged.’
A case in point is white men – and in particular cisgendered, heterosexual, able-bodied, middle-class white men – who are now at the bottom of the intersectional hierarchy of oppression in most professions. But to add to their misery, these poor, benighted souls have to pretend they’re at the top of that self-same pyramid if they’re to retain their jobs, apologising for their ‘privilege’ in front of their more powerful black, female, non-binary, gay and disabled colleagues.
The author is apparently British; he goes on to provide some data backing up that claim.
Some will think I’m being deliberately provocative, so I’ll reel off some facts and figures to illustrate this point with respect to just two groups: men and women. Their relative status is the exact opposite of how it’s usually described, making it the perfect illustration of Young’s Second Law. Some of the stats about just how underprivileged men are probably won’t come as a surprise. We all know boys fare worse than girls at school, one reason 35,000 fewer 18-year-old boys will go to university this month than 18-year-old girls. We also know that men are more likely to be addicted to drugs and alcohol, account for three-quarters of all suicides and almost 90 per cent of the homeless. But did you know men make up 96.2 per cent of Britain’s prison population and are 23 times more likely to die at work than women? Research carried out by the Future Men charity found that 29 per cent of young men feel ignored, which perhaps isn’t surprising given that we have a minister for women and equalities and a women’s health ambassador, but no minister for men.
The figures are similar in the United States, where men are on the order of 90% of the (much larger) prison population, and the majority of suicides; we hear a great deal in our media about the problem of teenage girls' suicidal ideation (which is clearly undesirable) and not much about the fact that teenage males actually kill themselves more. Men are the victims of all forms of violent crime at higher rates, including rape once you include the ubiquitous rape culture of our detestable prison system and it's 90+% male population.
What strikes me often, though, is the cultural blindness attendant to all of this. I got an ad somewhere advising me to read an article about a young singer named Olivia Rodrigo -- perhaps all of you but me know who that is -- who has a new album expressing female rage against the unfair 'expectations' of her society. "The singer-songwriter says “All-American Bitch” is “sort of about that,” and is a song she’s 'very proud of.'"
It's presumptively impolite to suggest that someone's feelings aren't valid, and she has doubtless felt such things at times. Yet it should be striking that such an expression receives not disapproval, but elevation including not only an article in People magazine but purchased internet ads distributing it so far as to have it on my desk, who must be as far from the demographic who listens to her music as is possible to get within America's context. Nor is she a rare exception to a generalized hostility to 'female rage'; the Barbie movie the sociological piece begins with is a billion dollar project; the most famous singer in the world right now, I gather, is one Taylor Swift who, I also gather having not listened to her music, made her name with a series of angry songs about men generalized to men in general. Nor is this in any way new; a generation ago (when I was more likely to hear such music) Alanis Morissette also sang about how "I'm a bitch" and made millions doing it; Tori Amos, who really was a fantastic musician capable of crafting songs of great beauty, sang about almost nothing else than her rage.
What strikes me, again, is the blindness: for decades I've been hearing this talk, and the people who are culturally aligned with it really can't see that it's not true. The world oppresses women, they repeat every year, and it won't allow women to express rage or their true feelings. Yet every year they do so to wild acclaim and success, while living in a society in which they are practically better off by all these demonstrable metrics.
Another one: we always hear about men being paid more per hour than women, and arguments about whether or to what degree that is true; we almost never hear about the fact that, since metrics were kept, women control about 85% of spending decisions. Whoever earns the money, women mostly decide how to spend it, and for that reason they have intense cultural and economic power. Every shopping mall in America has a store or three devoted to more-or-less exclusively female interests like boutiques or pedicure places; you have to go a long way to find a store that's about mostly or exclusively male interests.
Women may still be full of rage, even though they now have a vast amount of power and a significant set of advantages. I suppose they must be if they keep, generation after generation, being willing to shell out such coin to celebrate expressions of their rage. I wonder, though, how much that rage could be addressed if it were possible to have a clear-eyed recognition of their privileged position in much of American and British society; or if, indeed, there is any set of facts that would resolve the rage that arises in the female experience. It may not entirely be a product of the physical facts of the situation; there may be some core of it that is permanent and eternal.
A Tail of Chickens and Snakes
Oliver Anthony Update
Congratulations, Hank
"Beorn’s Honey Cakes"
Rights versus "Public Health"
Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, applauded the governor’s order as a courageous and necessary step to curbing gun violence, even if its legal fate is uncertain.“If it saves one life, then it’s worth doing,” she said.
Normally I try to refrain from calling my opponents stupid, but that rhetoric is not compatible with thought. Here's a humorous video illustrating the point.
Of interest, though, is that the purported excuse granting the governor power to ignore the constitution and basic rights is "public health."
The firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks.
One might give a slippery slope argument here -- at first they're just going after guns which they never thought of as a 'real' right, but if you let this stand they might use 'public health' as an excuse to go after First Amendment rights like religious exercise or Free Speech. One might, except that of course it's the other way around: they started with religious exercise and free speech, as well as freedom of movement and association and other rights.
That was during the COVID period, of course, and although many expect a renewed attempt to restore COVID restrictions in order to -- frankly -- defraud the 2024 election using similar measures to the 2020 one, the circumstances are different. In 2020, COVID was novel virus apparently leaked from a bioweapons lab: we had no natural immunity to it, and no idea how horrible it might prove to be. It was rational to treat it like a genuine emergency. These days, almost everyone has been exposed to COVID and has natural antibodies; there are also, er, treatments available some of which are apparently better than others. It's annoying to have what amounts to a second flu, which will kill a certain number of people every year as the flu does, but it's not an emergency on the same scale as before.
Still, the idea that the COVID emergencies allowed the camel to get its nose into the tent should be alarming. "Public Health" was used as an excuse to limit even the most basic freedoms, by pure executive orders like this one. This was done, and enforced, even in cases like this one where the evidence strongly suggested that the order would have no effect on public health ("wear one of those cloth masks you made at home, or maybe a bandana") or kept in force long after they had proven to have no effect.
There is a reasonable debate -- allied to the general discussion we are having about anarchism and volunteerism -- about whether a government is necessary to address genuine emergencies like the Black Death, and if so what powers it should have for that purpose, for how long, and what limits it should be required to obey even in such an emergency. Actions like this one are well outside the parameters of any such reasonable discussion.
Anarcho-Capitalism in Argentina
[T]he self-described “anarcho-capitalist” made a name for himself by excoriating right-wing politicians for their moderation and quoting obscure paleolibertarians.… Discounting the possibility that ten million Argentines made a midnight conversion to free-market fundamentalism, explanations tend to focus on the fact that Milei’s rebellious image struck a chord with an increasingly disillusioned electorate.…[the] two-party system is coming undone, insists Pryluka, under the weight of decades of inflation and economic stagnation.
If government is the problem, anarchy is certainly a solution. Combining it with free markets may prove difficult, as governments are usually thought to have a key role in protecting property and enforcing contracts. Whether the coercion can be done without is a question with which I am also keenly interested.
Tintagel
Smith’s Cliff, on the north Cornwall coast, will be cared for by the conservation charity as a space for wildlife to flourish, for heritage to be conserved and for people to access and enjoy forever.The 55-acre (22.6 hectares) acquisition puts in place a vital piece of the coastal ‘jigsaw’ for the National Trust in the area, joining up land that the charity looks after at Barras Nose, which lies north of the castle, all the way to Bossiney, to become a continuous 2.7-mile stretch of coastal land.Knitting together these sections will create a coastal corridor that connects and encourages the spread of wildlife within a naturally and culturally significant landscape. The site sits within the Cornwall Area of Outstanding Natural Beauty (AONB) and the Pentire-Widemouth Heritage Coast, and forms part of the setting of the spectacular Tintagel Castle.
Tintagel is also the home to an interesting sculpture of Arthur. The castle itself is a kind of memorial to Arthur: it was built in 1230, but " inspired by the association with Arthur, [Richard, Earl of Cornwall] had the castle styled to appear older."
It strikes me that this attempt to build a natural corridor around Tintagel will actually make it less like it was in Arthur's day (i.e., around 500 AD, not that we are sure that Arthur actually ever lived at all), because then it was a bustling area rich enough to build and sustain a castle. There would have been farms and bakeries and wells and wagons all up and down the nearby areas, commerce and merchants, peasants and men of the church.
The influence of the idea of the Wilderness on how we envision Arthur is long and striking, though; it is as old as the desire to build monuments either physical or literary to him and his tradition. Merlin in the earliest stories is tied to a man who went mad in the wilderness, and long dwelt there; as is Lancelot, in much later stories. The knights are always going to the wild to seek adventure, encamped in some forest or by some crossing to offer joust or battle to any who pass by.
An Example to All
The Orthosphere on a recent sentencing in the J6 case:
I believe John Derbyshire coined the phrase “cold civil war” as a name for the ever-worsening feud...[the phrase] came to mind when I read in this morning’s paper that... Enrique Tarrio has been sentenced to twenty-two years in prison for “inspiring followers with his charisma and penchant for propaganda.” This was in connection with the 2021 Capital Hill protest, which Tarrio did not attend, but about which he appears not to have felt sufficiently sorry.
The judge in Tarrio’s case, one Timothy Kelly, told the court that the sentence was exemplary: “we need to make sure the consequences are abundantly clear to anyone who might be unhappy with the results of 2024, 2028, 2032 or any future election.” I trust Judge Kelly did not mean that unhappiness with election results is now a crime punished by twenty-two years in prison, but prudent losers... should in future limit their expressions of disappointment to a quiet “darn it” or “shucks.”
I would think it would be grounds for appeal of a sentence if it was given on an 'exemplary' basis: that is, not out of considerations of justice for a particular act of which one had been found guilty, but out of concern for future acts that might (or might not!) be committed by someone else.
Nevertheless the idea of punishing in this way is very old. In Plato's Protagoras, the title character argues the point to Socrates as a proof that virtue can be taught:
[If] you will think, Socrates, of the nature of punishment, you will see at once that in the opinion of mankind virtue may be acquired; no one punishes the evil-doer under the notion, or for the reason, that he has done wrong, only the unreasonable fury of a beast acts in that manner. But he who desires to inflict rational punishment does not retaliate for a past wrong which cannot be undone; he has regard to the future, and is desirous that the man who is punished, and he who sees him punished, may be deterred from doing wrong again. He punishes for the sake of prevention, thereby clearly implying that virtue is capable of being taught.
On this argument punishment is really only defensible as a means of avoiding future harms, not of creating a sort of justice for past ones. This puts the Proud Boy in the position of the sacrificial animal: he suffers that we may benefit, and become better people by his suffering.
So it is really we, you see, who are being sentenced to prison: it is a suspended sentence, for us, but we are meant to understand that anyone who 'might be unhappy with the results of 2024, 2028, 2032 or any future election' is the judge's target. Torres (who is widely reported to have been a Federal informant at least) is just the one who has to suffer for our conversion.
UPDATE: Here's another exemplar. It's a much shorter sentence being sought, but he also didn't enter the Capitol; he's being prosecuted for exercising what is usually considered protected free speech outside.
The Biden DOJ claimed that Shroyer "spread election disinformation paired with violent rhetoric" to viewers in the months leading up to January 6, and that on the day, "Shroyer took to a megaphone before leading a crowd to the Capitol" and said "The Democrats are posing as communists, but we know what they really are: they’re just tyrants, they’re tyrants. And so today, on January 6, we declare death to tyranny! Death to tyrants!"
"Shroyer did not stop at the sight of tear gas or sounds of explosions on the west side of the Capitol. He continued marching around to the top of the east steps chanting '1776!,' where rioters would eventually violently breach the Capitol and its police line and halt the transfer of presidential power," the court document states.
The usual standard is that a threat isn't protected if and only if it's a real threat against an actual individual that you plausibly intend to carry out. Vague statements like "Death to Tyrants" are usually protected as political rhetoric; heck, people set up fake gallows and guillotines (depending on their own political orientation) to convey the same idea, but without any actual violence occurring.
Meanwhile, remember how the anti-police protests in Seattle and Portland actively protected arsonists and others physically attacking Federal buildings and personnel from arrest? The one-sided nature of these prosecutions is galling even to ordinary people who would never attend a protest of any kind.
Here as elsewhere, I get the sense that our system is so bent on destroying Trump and his movement that they're ripping up their own pillars. A political system is analogously like a building: it's built to withstand force, but only so much. The more force you apply, the more danger you'll rip out a supporting wall (and thus bring the whole thing down).
RICO
Was the Georgia Election Stolen?
Roger Stone, a man with a tattoo of Nixon on his back, suggests that it was. Hot Air is gravely upset at the suggestion:
Brian Kemp didn’t steal the 2022 election from Stacey Abrams. The truth is that rightly or wrongly Kemp believes that Trump lost Georgia fair and square and is unwilling to lie about it. Guess what? Lying is a bad trait, and while common enough in politics it is hardly something to be admired. How many of us hate politicians because they are a bunch of liars? Count me in that camp.... it is just... disgusting. Every Trump “influencer” repeats the same tired lines about Trump’s opponents and regurgitates the most fanciful and slanderous attacks.
I don't know if the 2022 election was stolen, but it was a repeat contest from an election in 2018 that I actually voted in. That election was as shady as it was possible for an election to be; I've written about it in detail (scroll to "Georgia"). I don't have any confidence at all that Kemp isn't cheating in every election, because his behavior in that one was absolutely disgraceful. The system they had in place was perfect for fraud, too, lacking any capacity to be audited because there were no actual ballots to check it against.
Hot Air points out that Kemp won by 300,000 votes, which you might think was outside the margin of fraud. The un-auditable system they had in 2018 was replaced with another vote system, Dominion, at the order of a Federal court. Yet over 400,000 votes in Georgia's 2020 election lacked chain of custody, which was 67% of the 'drop box' votes. That election was decided by 12,000 votes.
Ultimately the establishment remains invested in assuring us that our elections are reliable and, therefore, that they justify and legitimate the power of the elected. I don't believe that anymore, and I definitely don't believe it in Georgia's case particularly. Anything Kemp and his ilk are in charge of is is untrustworthy, as they have proven by their own actions.
The Language of Trees
Yesterday I took a hike on the Mountains-to-Sea Trail. I didn't do the whole thing, just a section near Haywood Gap.
Rest in Peace, Mr. Buffett
I remember first hearing this one playing on the radio in the family car when I was a kid. It gave us all a laugh and I've enjoyed his music ever since.
Local Government
Continuing the topic of rebuilding, one of the themes that emerged in the recent discussion was that of local government. AVI suggested that a lot of the difference in the need of government has to do with the facts on the ground about a locality: dense populations may need more, he suggests, whereas rural areas may be able to make do with much less. Douglas added that he thought there was a general problem about trying to nationalize rather than localize problem-solutions, and that a focus on locality might be beneficial. Elise's proposal makes a lot of sense in a community in which people know each other, and is harder to implement as actual knowledge of candidates has to be mediated by, well, media.
By coincidence, Thos. and I had a discussion on the same subject in person over some Thai food (which is improbably popular in the Teton Valley: there are a surprising number of Thai restaurants given a population that is relatively non-diverse, mostly descended from the Mormon settlers of the late 19th to early 20th centuries). The role of the local is often underexamined, but it is also where I have been focusing my practical efforts for several years now: abandoning national and state politics as hopelessly corrupt, nevertheless there is a lot of practical good to be done in your own community.
One of the reasons that a voluntarist society has come to make sense to me is that I can see how much practical good is actually done by such organizations in communities, which compares extremely favorably to the good actually accomplished by larger-scale government organizations (or professional organizations like public schools even at the local level). There's no reason that you can't make your living privately, and still contribute to the public good as a member of a volunteer local 'government' organization -- to whatever degree it is really proper to refer to such an organization as a government, since no one acting in the public interest here is employed by the government.*
There is another question about the importance of planning. Localities really do benefit from planning at a higher level than the individual: while the market can do a lot to align interests about how various properties are used, it can also be helpful to have a higher-level perspective to ensure that there are not bottlenecks in traffic, pollution of water sources that are of general utility, a large amount of wild space that does not get developed so that the natural beauty and wildlife continue to flourish, and so forth. In principle a voluntary council like the old Icelandic Thing could do this, but in practice America has long chosen to depend on coercive organizations -- even privately, as with Home Owners Assocations -- in order to compel obedience to the decision of the planning council. There is an important discussion to be had as to whether coercion is really required, and if so to what degree, and how to ensure that it minimally troubles human liberty.
So again: what do you think about all of that?
* I think I've told the story of an old man who was upset that we had temporarily blocked his driveway with a fire truck while fighting a wildfire that was literally just over the ridge behind his house -- indeed, the truck was stationed there specifically to protect his house. He was furious with us anyway, and finally said the worst thing he could think to say to us: "The Fire Department is no better than the government."
A Well-Earned Ale
Today I got up and lit my smoker before my first meeting. Over the course of the day, in addition to work, I smoked two whole Boston Butts and a beef Chuck roast. I also pressure washed the motorcycles and my deck, then waxed the bike, then made dinner out of some of the smoked meats. Then I broke the rest down and stowed it — three gallons of pulled pork alone.
Sierra Nevada has a brewery over by the airport, so we get their local stuff. I haven’t tried this one before. I’m pretty sure I have earned it, though, so I hope it’s good.
'The Gun-Show Loophole'
A restoration of rights for nonviolent felons in Wyoming took effect July 1 and includes the right to “use or knowingly possess” a firearm.But it remains unclear for some whether that means nonviolent felons can buy firearms from licensed gun dealers. Having and using a gun is one thing, but legally being able to buy a gun, which still requires a federal background check, isn't as clear....Dennis Mazet, who owns High Country Sporting Goods in Riverton, told Cowboy State Daily that he was also OK with selling firearms to nonviolent felons who meet all the same qualifications as anybody else legally eligible to buy them.However, he also wondered if somebody with any sort of felony on their record could pass a federal background check. Dealers must refuse any sales to people who don’t pass.“I would have no problem with it, but I don’t know if they could pass the federal background check,” he said. “That’s done through the FBI.”
The rest of the piece includes an interesting perspective from GOA, whose opinion is that the right to keep and bear arms was never barred to nonviolent felons under Wyoming law anyway. They opposed the section restoring the right to bear arms -- along with the rights to vote, hold office, and several others -- on the grounds that it gave the impression that the right had been 'restored' when it was never removed.
This is, of course, exactly what is meant when you hear people talk about 'closing the gun-show loophole.' Only gun dealers have to go through the FBI before they can sell you a gun; private citizens do not. You could buy a gun from me if I had one I wanted to sell you at a price we agreed upon, just as with any other piece of property I own that I wish to sell. The FBI has no part in our private business. Dealers at gun shows still have to run the FBI checks, but private citizens who happen to meet there and want to trade, buy, or sell their private property can do so lawfully. These restored Wyoming citizens therefore have an option to lawfully purchase the arms they may lawfully carry.
That's what the advocates of control would like to change. Then it wouldn't matter what your state legislature said, as long as they could trust the Federal agents at the FBI to say "no."
A Pricey Renovation in W. Asheville
Tennessee Holds the Line
The Athenian Way
Last week the NYT published an opinion piece suggesting what the author described as a better way for American democracy: dispensing with elections in favor of the distribution of offices by lottery. Students of history will know that this was in fact tried during the Athenian Democracy.
There are two broad things to be said here. The first is that, like all suggested reforms, this is bootless because the system is too corrupt at this stage to be reformed. There will be no elimination of mass-scale deficit spending until the dollar collapses because the political class is too addicted to the power of spending money. Nor will the size of government will be reduced, certainly not at the scale that would be required to make it affordable. The bureaucracy will not return its stolen legislative function to Congress, and Congress doesn't want it back in any event. The national debt will not be reined in, but will eventually destroy the dollar at least and the nation most likely. There will be no term limits because Congress itself would have to vote on them, and so too here. They will not replace the system they've already learned how to control in a manner that reliably lends them power. We can only wait patiently for the collapse that is coming, and we can afford to be patient because the course they are determined upon leads there inevitably.
That first thing said, the second thing is that ideas about how to rebuild once the collapse occurs are wisely considered. We shall have to do so eventually, and probably sooner than later. So what about this one?
Plato was hotly against it, to start. He felt that this lottery idea took the notion of equality much too far; or, more precisely, that it arose from the error of deciding that equality meant that everyone was equally good rather than that everyone should have the same test of their goodness applied to them. On the former view, the lottery seems sensible since anyone is as good as anyone else, and therefore it hardly matters who is sheriff or mayor or President; on the latter, it's obvious that you want to apply the test and then select only the best candidate.
The old saying, that "equality makes friendship," is happy and also true; but there is obscurity and confusion as to what sort of equality is meant. For there are two equalities which are called by the same name, but are in reality in many ways almost the opposite of one another; one of them may be introduced without difficulty, by any state or any legislator in the distribution of honours: this is the rule of measure, weight, and number, which regulates and apportions them. But there is another equality, of a better and higher kind, which is not so easily recognized. This is the judgment of Zeus; among men it avails but little; that little, however, is the source of the greatest good to individuals and states. For it gives to the greater more, and to the inferior less and in proportion to the nature of each; and, above all, greater honour always to the greater virtue, and to the less less; and to either in proportion to their respective measure of virtue and education. And this is justice, and is ever the true principle of states, at which we ought to aim, and according to this rule order the new city which is now being founded, and any other city which may be hereafter founded. To this the legislator should look-not to the interests of tyrants one or more, or to the power of the people, but to justice always; which, as I was saying, the distribution of natural equality among unequals in each case.
But there are times at which every state is compelled to use the words, "just," "equal," in a secondary sense, in the hope of escaping in some degree from factions. For equity and indulgence are infractions of the perfect and strict rule of justice. And this is the reason why we are obliged to use the equality of the lot, in order to avoid the discontent of the people; and so we invoke God and fortune in our prayers, and beg that they themselves will direct the lot with a view to supreme justice. And therefore, although we are compelled to use both equalities, we should use that into which the element of chance enters as seldom as possible. (Lawx VI 757b-d)
At our present moment, one might argue (thinking of WF Buckley's dictum, perhaps) that we could hardly do worse. Indeed, how much worse could the lottery do than to assign powers to the senile, to crackheads, to those so aged or infirm as to be incapable of effectively wielding office? To the corrupt, the wicked, etc? I could easily provide links to exemplars of each of those charges, but each of you can readily call to mind examples of them also.
Since we cannot reform things in the present moment, however, it is sensible to take Plato's objection on board in anticipation of the rebuilding to come. We do need a system for identifying those with the right virtues for any offices that we decide are necessary.
That leads to another question: what offices are those, really? I am increasingly of the view that there should be none, or almost none; and those that do exist should be filled voluntarily and without pay, thus having neither power nor money to entice the corrupt to enter into the business. Yet it is worth pausing, first, to list what functions we really want a government to perform -- and, then, whether or not those functions might be performed as well or better by a private agency. Presumably we will still want roads, for example; but here in Western North Carolina roads are built by private contractors, and the only role the government plays is a fundraising one (well, and regrettably also a planning one: that would be far more wisely outsourced to private engineers than the corrupt officials who end up in charge of it).
Presumably there needs to be someone to fight fires, but volunteers do that well in most of the country already; again, the government's primary role is in funding the volunteer effort. I think policing could be done at least as well by a volunteer group, perhaps an elected (and unpaid) sheriff backed as necessary by a posse drawn from the trusted members of the community. Perhaps we could do without prisons, even, if we resumed hangings and beatings of the criminal; I suspect that would be more effective at reducing predatory crimes, as well. Juries are in fact already drawn by lottery, more or less; perhaps judges could be, at least from a pool of people admitted as qualified to serve as a judge.
What else? Food safety? We already rely on private ratings (even free ones, like Yelp) to make many purchasing decisions. If someone wanted to rate food or drug safety and developed a reputation for reliable ratings and honest work, would they not enjoy more public trust than the CDC or FDA?
It might seem as if there might be a need for concentrated power to resist concentrated power: perhaps only a government could effectively restrain a powerful corporation. Yet we have seen, in Afghanistan as elsewhere, that distributed power is often most effective at resisting concentrated power. In spite of the President's favored suggestion that you would need an F-15 rather than an AR-15 to resist the US government, in fact the opposite is true. F-15s require easily broken supply chains and easily-killed experts to be effective; what worked was a vast number of determined men, widely distributed, with rifles.
It is worth thinking about all of this. What do you think?
"30% Chance of Rain"
In fairness, that was the Weather Channel. The radar app on my phone said 90%. I had a pretty good feeling which one was going to prove to be correct.
All the same, I got a lot wetter today riding the motorcycle than I'd hoped.