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Messages - Body-by-Guinness

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651
Politics & Religion / Re: Canada-US
« on: January 25, 2024, 05:11:34 AM »
Yes, this is a good place for that-- witness my post prior to yours  :-D

Yeah, but I didn’t see much in the way of “US” in these pieces (besides mirrored authoritarian predilections in some political circles) and hence hesitated.

654
Science, Culture, & Humanities / Simultaneous Realities?
« on: January 25, 2024, 04:11:13 AM »
Physicists conduct an experiment confirming a photon can be in two states at the same instant, raining on objective reality’s parade:

https://digitimed.com/two-contradictory-versions-of-reality-exist-simultaneously-in-quantum-experiment/?fbclid=IwAR3DnB-rdVisDFZyFY9BfGGVkQev1aJkd-3gurBrgHeSMx2FhkdAbroD4Fc

655
Piece examines how/why evolutionary pressures cause species to grow in size, or do the reverse:

https://theness.com/neurologicablog/why-do-species-evolve-to-get-bigger-or-smaller/

656
Politics & Religion / Chinese “Shadow Bank” in Default
« on: January 24, 2024, 10:27:12 PM »

659
Science, Culture, & Humanities / Measles Surging in Europe
« on: January 24, 2024, 10:03:21 PM »
Wonder if all the Covid vaccine hype and failure to deliver claimed results have lead folks to eschew other vaccines:

https://www.forbes.com/sites/roberthart/2024/01/24/what-you-need-to-know-about-measles-after-who-sounds-alarm-over-killer-virus-in-europe/?sh=10415e2a784c

I’ll note when I was a kid we’d be sent over to the homes of other kids with measles or chicken pox to “get it out of the way.” You’d probably be arrested for child abuse were that to occur today.

661
Politics & Religion / Commercial Real Estate’s Looming Defaults
« on: January 24, 2024, 09:40:13 PM »
2nd post, which contemplates the commercial real estate vacancies in blue cities, quantitive tightening, the Fed’s interest rate gaming, and their possible impacts on inflation et al. It ain’t a pretty picture:

https://pjmedia.com/vodkapundit/2024/01/24/bidenflation-ii-fiscal-boogaloo-another-sequel-nobody-asked-for-n4925789

663
Hmm, not sure if this is the best place for this, but a Canadian court finds Trudeau’s handling of the truck strike was illegal.

https://www.cato.org/blog/canadian-court-trudeaus-use-emergency-powers-crush-protests-was-illegal

665
Politics & Religion / 17.6 Percent of Your Pocketbook
« on: January 24, 2024, 09:02:59 PM »
Piece noting inflation total during the Biden admin, and points out a semantic trick being used to make continued bad news sound like an improvement:

https://pjmedia.com/catherinesalgado/2024/01/24/prices-up-176-since-joe-biden-took-office-n4925806

667
Politics & Religion / Comparative Cancel Culture
« on: January 24, 2024, 08:20:10 PM »
A long, well sourced, and damning piece focused on the impacts of cancel culture:

https://greglukianoff.substack.com/p/yes-the-last-10-years-really-have

669
Jame’s O’Keefe consistently sniff out big stories the rest of the MSM doesn’t have the independence or stones investigate:

https://x.com/JamesOKeefeIII/status/1747736951044612265?s=20

670
Politics & Religion / Re: Rules of the Road/Fire Hydrant/Self Intro
« on: January 21, 2024, 10:07:58 AM »
Your thought is well shared here.

"should some kindly list member reach out offering to help plan the kidnapping of, say, Michigan’s governor"

No one here of that sort!!!
My smart assed way of saying beware of people reaching out to you feigning your politics after availing themselves upon open source intelligence and then trying to suck you into some harebrained scheme.

671
Politics & Religion / All Part of Our Permanent Record
« on: January 21, 2024, 06:24:47 AM »
In view of a post earlier today noting various predictors suggesting the 2024 election could lead to civil war, perhaps it’s time to state what ought to be obvious loud and clear: many of the posts here are ones Deep State denizens and their fellow travelers would rather not see circulated, this site is likely surveilled to one degree or another (and I’d err on the side of more, rather than less), those doing the surveilling carry Deep State water a couple of Jerrycans at a time, despite our nom-de-plumes know who we are down to our dental records and, given the Progressive left’s utter willingness to disregard reality as most experience it and instead warp all facts of the matter to serve the narrative need of the moment, perhaps it’s prudent to post as though a vindictive Deep State awaits us come 2025.

Not that prudence instituted today will seriously impact any thought crimes already committed, but given FBI fondness for launching schemes that entrap Americans—shooting fish in a barrel beats hell out of doing real work involving actual violent criminals—it might be worth bearing in mind, particularly should some kindly list member reach out offering to help plan the kidnapping of, say, Michigan’s governor or something that ought to sound absurd, but history has shown isn’t.


672
Discussion of a significant munition few outside the military understand:

https://smallwarsjournal.com/jrnl/art/first-rule-cluster-munitions-dont-talk-about-cluster-munitions

673
Perhaps not quite constitutional law, but given the question of agency this case will be interesting to track:

https://reason.com/volokh/2024/01/17/court-lets-first-ai-libel-case-go-forward/

675
Politics & Religion / Re: Politics by Lawfare, and the Law of War
« on: January 21, 2024, 04:48:30 AM »
Martin Armstrong shows Trump winning in 4/6 models. he has been for long saying civil war is coming along with an actual war.

https://www.armstrongeconomics.com/international-news/politics/the-fix-is-in-trump-goes-to-prison/
. Ye gods, what a cheery piece!

681
Politics & Religion / Training Judges to Dispense Environmental Serfdom
« on: January 20, 2024, 03:58:31 PM »
Lookie here, left wing org sponsors conferences, symposia, and such judges are brought to to “learn” about environmental issues:

https://the-pipeline.org/indoctrinating-judges-on-climate-change/?fbclid=IwAR3vhO0uZw-YrDnY7qUlM0N_Pr3quXunaeqgM3S0oN47kPTOK6YMis5JyMU

683
Lipson argues the Republican nomination is over, and hints at Trump’s strategy moving forward:


How Trump captured his party

DeSantis’s loss in Iowa doomed him. Haley must win New Hampshire and South Carolina to survive

January 18, 2024 | 3:14 pm

Vintage news outlets, with lots of time to kill and space to fill, are desperately trying to say the Republican primary contest is still open. It’s not.

Ron DeSantis’s campaign is already filled with embalming fluid. True, he finished second in Iowa, but that was his most favorable terrain, and he failed to win outright. DeSantis’s basic strategy was to draw away Trump voters by taking strong, socially conservative positions, such as banning abortions after six weeks in Florida. It didn’t convince primary voters. That spells the end for DeSantis nationally because it failed in a state where he spent a lot of time and money and where Republicans are very conservative. To invert the song, “New York, New York,” if he can’t make it there, he can’t make it anywhere.

DeSantis didn’t win a single one of the state’s 100 counties. Trump won ninety-nine, and Nikki Haley captured the remaining one by a single vote. DeSantis claims “he punched his ticket out of Iowa.” He was punched, all right. In the face.

He knows he can’t do well in New Hampshire, where the Republican base is less conservative and Independents can vote in the primary. So he decided to concentrate on the much more conservative state of South Carolina, the home of former governor Nikki Haley. If DeSantis finishes ahead of her there, he would humiliate Haley — but that’s not enough. He has to finish well ahead of Trump, not just ahead of Haley. Polls show DeSantis is far behind the former president in South Carolina. If real-life voters say the same thing, the DeSantis campaign is over. Given Trump’s popularity among Republicans, he’ll be forced to pull out. His own political future dictates that he do so gracefully and endorse Trump.

It’s unclear if the Florida governor ever had a chance, but if he did, it wasn’t by convincing Republicans he was more conservative than the former president, who flipped the Supreme Court, cut regulations and tried to close the border. Equally important, Trump has convinced average Republicans he will fight hard for them, take enormous punishment for doing it and refuse to buckle to establishment pressure.

DeSantis’s best shot — the one he didn’t take — was to say, “I agree with Republican voters on the kind of conservative government we need. I share that vision. The real issue is to put those policies into practice. We can’t let the bureaucrats and Democrats in Congress block us, as they did to Trump. In Florida, I’ve proven I can implement conservative policies. Not just talk about them. Get them enacted. And I’ve proven I can build a solid Republican majority in a state that was purple until I was elected. I can do all that nationally.”

That’s not the platform DeSantis chose for his presidential campaign. He chose to run as “I’m more conservative than Trump.” It wasn’t enough to draw away primary voters from a former president, who rebuilt the party in his image and whose four years in office are remembered fondly by those voters.

What about Haley? She’s not in the morgue, but she’s in the ICU and the hearse is pulling up to the hospital door. To survive, Haley must not only to win in New Hampshire but win convincingly. Then, she has to build on that momentum to secure a big victory in her home state.

New Hampshire is Haley’s best shot, just as Iowa was for DeSantis. Polls in the Granite State show Haley is within shouting distance of Trump. If she closes the gap and wins, even slightly, the media will anoint her. If she goes on to win in South Carolina, they will fill the front pages and cable news with her praise, not because they love her but because they loathe Trump.


If Haley does win in New Hampshire, Trump and DeSantis will slam her victory, saying she won only because Independents can vote in the state’s Republican primary. Actually, that’s Haley’s strongest argument. She will say that Republicans need those votes in November to reclaim the White House and carry down-ballot races. “I’m the best candidate to win those swing voters to our cause,” she will say, “and New Hampshire proves it.” She’s say that even if she loses but carries the Independent vote. Unfortunately for her, that won’t convince most Republicans.

Haley may well be correct that she is the strongest Republican in the general election. But that argument doesn’t persuade primary voters for three reasons. First, there is grave uncertainty about how conservative Haley really is, or, rather, how committed she is to an uncompromising populist agenda when she faces daunting opposition from the Washington establishment and entrenched bureaucrats.

Haley’s stance as the most moderate of the top Republicans has helped her among more educated, higher-income, centrist primary voters. But those are not the party’s majority, and they are certainly not its activist base. Trump reshaped the party in his image, and the median Republican voter is convinced Haley she is closer to Mitch McConnell than to Jim Jordan and James Comer… or to Donald Trump. They’ve been burned before, especially on Supreme Court appointments by Republican presidents. They simply don’t trust Haley to stand up to the formidable, entrenched opposition she would meet if elected.

Second, Haley’s argument for electability would be much compelling if President Biden looked much stronger. He looks weak and beatable. Poll after poll puts Biden’s popularity well below 40 percent and far below that on key issues like border security and the economy. He’s hurt by Hunter Biden’s troubles, too, because an increasing number of voters believe the president himself is corrupt.

Biden’s physical and cognitive problems have also become harder to hide. He’s signaling those troubles by disappearing from public view, refusing to answer questions, and never holding press conferences. Even his short, canned videos reveal the problem. His latest was only twelve seconds. Yet he couldn’t get through it without needing an editing cut, piecing two parts of his extremely brief talk. It’s painful to watch. The idea of a ninety-minute debate with Trump looks like a bridge too far. Biden will try desperately to invent some reason to avoid it. But voters will notice.

Biden’s visible decline raises the prospect that, if he is reelected, Kamala Harris would be sitting in the Oval Office sometime during the next four years. Voters hate, hate, hate that prospect. Time after time, the White House has tried to reintroduce her to the public. And time after time, the public has said, “Please stop.” Still, Biden cannot drop her because he fears it would insult the African-American voters he needs to win. Normally, vice presidential candidates don’t matter much in the general election, even when they are as dreadful as Sarah Palin. This time looks different. Voters have reached a firm conclusion that Harris is unfit to be president. Her presence weakens an already vulnerable ticket.


That weakness undermines Nikki Haley’s main argument, that she is the only Republican who can win the White House. Republican primary voters now believe Trump can win. They could be wrong, of course, but they are surely encouraged by polls in swing states.

Finally, Trump is winning the primaries because he has reshaped his party’s base. His voters are the ones who trampled through snow and ice to vote for him in Iowa. They would walk through tropical storms in the South. Those voters are why he is very likely to win the other contested primaries, although New Hampshire is still in doubt. If Trump does win in New Hampshire, the race is effectively over. Haley should concede then and avoid the embarrassment of losing in her home states. DeSantis may wait until after South Carolina. Both will endorse Trump to preserve their own political futures.

Trump has been aided, quite substantially, by not tweeting (or whatever it is called now) and by not appearing constantly on cable TV. Why? Because much as his fans love it, he conjures up just as much animosity, perhaps more. That’s why Trump’s best shot going into the general election is to make the election all about Biden, not about Trump himself or about a face-to-face comparison. His best campaign slogan would be Ronald Reagan’s in 1980. “Are you better off now than you were four years ago?” That’s an easy argument for him to win.

Trump will drive home that “better off” message and enumerate Biden’s failures. He’ll talk about his record of strong economic growth, low unemployment, rising real wages, a strenuous effort to close the border and the lack of foreign wars during his term. The more he mentions revenge or the 2020 election, the worse he’ll do with Independents.

Biden will stay in the basement and go with his strongest argument: “Trump is a danger to our democracy.” That argument would be far stronger if most Democrats didn’t want to keep Trump off the ballot and blue states weren’t trying to do it. Centrist Independents may not be too happy about Trump, but they can’t be convinced you favor democracy if you want to keep your main opponent off the ballot and throw him in jail.

As the race stands now, Trump has effectively captured the nomination and reshaped the party in his image. He will run on a record that many Independent voters think is stronger than President Biden’s.

It’s a long way until November. But it’s even longer if you are a frail eighty-one-year-old incumbent with dismal poll numbers.


By
Charles Lipson

Charles Lipson is the Peter B. Ritzma professor of political science emeritus at the University of Chicago, where he founded the Program on International Politics, Economics and Security, and a Spectator contributing writer.

https://thespectator.com/politics/donald-trump-captured-republican-party-primaries/?fbclid=IwAR0RaGhb5MLEfzwDju9ngqrHrr5_SwkX-wC0tth2LsHY5i3JuVF-4uuWgME

684
Politics & Religion / The True Political Divide
« on: January 19, 2024, 02:27:36 AM »
This WSJ opinion piece could abide in several categories though, perhaps embracing undue optimism, I put it here and hope Republicans, particularly those with higher ed creds, embrace its message.

The group scrutinized are the vocational fish among which I swim. I never cease marveling their utter inability to address pressing problems promptly, the irrelevant structures and strictures upon which they overlay on everything, and indeed the fact they can’t empty a wingtip Oxford full of urine without a printing a dissertation on the heel.

They should be easy to beat, their structures and strictures all sorts of abandonable due to their utter ineffectiveness, irreproducibility, and failure to deliver on myriad adamant claims. All that is required if for those of us able to empty a fluid filled shoe without consulting elaborate instructions to loudly and frequently state the obvious: these imperious, supposedly educated, would be overlords sporting the tams issued by their Ivy League or putatively lesser schools are naked regardless of how shrilly they claim to be sporting new diverse, equitable, and inclusive climate change and pronoun appropriate clothes:

The Them-vs.-Us Election

By Kimberley A. Strassel

Most Americans wouldn’t consider a banking titan a spokesman for the common man. But give JPMorgan Chase CEO Jamie Dimon credit for putting his pinkie finger on the phenomenon—the divide—that best explains today’s unsettled political environment.

In an interview Wednesday with CNBC, Mr. Dimon took issue with a disconnected liberal elite that scorns “MAGA” voters. “The Democrats have done a pretty good job with the ‘deplorables’ hugging on to their bibles, and their beer and their guns. I mean, really? Could we just stop that stuff, and actually grow up, and treat other people with respect and listen to them a little bit?”

The powerful, the intellectual and the lazy have long said that the “divide” in this country is between rich and poor. They divvy up Americans along traditional lines related to wealth—college, no college, white-collar, blue-collar, income—then layer on other demographics. This framing has given us the “diploma divide” and the “new suburban voter” and “Hillbilly Elegy.” It’s sent the political class scrambling to understand Donald Trump’s “forgotten man”—again, defined economically.

That framing fails to account for the country’s unsettled electorate. There’s a better description of the shifts both between and within the parties, a split that better explains changing voter demographics and growing populist sentiments. It’s the chasm between a disconnected elite and average Americans. This is becoming a them-vs.-us electorate and election. Political candidates, take heed.

This gulf is described by unique new polling from Scott Rasmussen’s RMG Research, conducted for the Committee to Unleash Prosperity. Mr. Rasmussen says that for more than a year he’d been intrigued by consistent outlier data from a subset of Americans, which he later defined as those with a postgraduate degree, earning more than $150,000 a year, and living in a high-density area. Mr. Rasmussen in the fall conducted two surveys of these “elites” and compared their views to everyone else.

Talk about out of touch. Among the elite, 74% say their finances are getting better, compared with 20% of the rest of voters. (The share is 88% among elites who are Ivy League graduates.) The elite give President Biden an 84% approval rating, compared with 40% from non-elites. And their complete faith in fellow elites extends beyond Mr. Biden. Large majorities of them have a favorable view of university professors (89%), journalists (79%), lawyers and union leaders (78%) and even members of Congress (67%). Two-thirds say they’d prefer a candidate who said teachers and educational professionals, not parents, should decide what children are taught.

More striking is the elite view on bedrock American principles, central to the biggest political fights of today. Nearly 50% of elites believe the U.S. provides “too much individual freedom”—compared with nearly 60% of voters who believe there is too much “government control.” Seventy-seven percent of elites support “strict rationing of gas, meat, and electricity” to fight climate change, vs. 28% of everyone else. More than two-thirds of elite Ivy graduates favor banning things like gasoline-powered cars and stoves and inessential air travel in the name of the environment. More than 70% of average voters say they’d be unwilling to pay more than $100 a year in taxes or costs for climate—compared with 70% of elites who said they’d pay from $250 up to “whatever it takes.”

This framing explains today’s politics better. While this elite is small, its members are prominent in every major institution of American power, from media to universities to government to Wall Street, and have become more intent on imposing their agenda from above. Many American voters feel helplessly under assault from policies that ignore their situation or values.

What unites “rich” and “poor” parents in the revolt against educational failings? A common rejection of disconnected teachers unions and ivory-tower academics. Why are growing numbers of minorities—across all incomes and education levels—rejecting Democrats? They no longer recognize a progressive movement that reflexively espouses that elite view. Why are voters on both sides—including “free market” conservatives—gravitating to politicians who bash “big business” and trade and are increasingly isolationist? They feel the system is rigged by elites that care more about the globe than them. And why the continued appeal of Mr. Trump? The man is a walking promise to stick it to the “establishment” (never mind that most of his party’s establishment has endorsed him).

This lack of trust and cultural divide are no healthier than the simpler rich-poor split, but they’re there. The challenge for Mr. Trump’s GOP opponents as they move past Iowa is to recognize the sense of alienation. That doesn’t mean calling to burn everything down (Vivek Ramaswamy tried that and freaked people out), but it does require a campaign that offers more than vague promises to “strengthen the cause of freedom” or run on “your issues.” The polling suggests that most Americans are looking for a leader who promises to return power to the people. They are looking for a freedom agenda. Anyone?

685
Politics & Religion / The Perils of a Digital Pound
« on: January 18, 2024, 07:52:08 PM »
An accurate, in my estimation, pessimism where state sponsored digital currencies are involved:

https://newsfromuncibal.substack.com/p/not-everything-is-bad-but-everything

686
Science, Culture, & Humanities / Fare the Well Ye Unelected Regulators?
« on: January 15, 2024, 06:46:48 PM »
Will the SCOTUS tell our elected officials it’s their job to state the regulatory outcomes a given law is meant to bring, yanking that power from the current factotums pretending to divine legislative intent?

https://nypost.com/2024/01/14/opinion/supreme-court-poised-to-end-constitutional-revolution-thats-marred-us-governance-for-40-years/?utm_campaign=iphone_nyp&utm_source=facebook_app&fbclid=IwAR3Yrx2WJo1OaEC5TirMXLbaOoqitq9rNks9rV7rsvNnMtAkFaiRklAMUYU

687
Politics & Religion / The Case for Standard Capacity Magazines, Take 2
« on: January 12, 2024, 05:34:43 PM »
A well-argued piece w/ a ton of supporting links:

https://reason.com/volokh/2023/12/20/how-magazine-bans-thwart-self-defense/

688
Politics & Religion / Re: We the Unorganized Militia
« on: January 12, 2024, 05:33:51 PM »
Thread Nazi here.

This thread is not a bad choice BBG, but this one would have been better.

https://firehydrantoffreedom.com/index.php?topic=95.msg404#msg404

Alrighty then.

689
Politics & Religion / You Can’t Find Transcendence on a Smartphone
« on: January 12, 2024, 04:59:38 PM »
What a lovely screed:

Recently the Times published this… unique essay by editor Anna Marks, on Taylor Swift’s sexual tastes, real or imagined. The piece operates by conceding that Swift is known to have exclusively dated men and has never made a single statement suggesting that she’s anything other than heterosexual, then goes on to insist that she’s queer, whatever the fuck that term means in 2024. Marks does this in part by sketching some unconvincing readings of Swift’s lyrics and by laying out conspiracy theoris that remind me of QAnon. But more, Marks simply insists that LGTBQ people need this, that the palpable longing for Swift to be gay among some queer people (the “Gaylors”) can somehow will Swift’s homosexuality into being. It’s essentially a kind of prayer, predicated on the belief that if you want something badly enough, if you’re willing to let go of any concept of privacy or self-definition or human autonomy or basic respect entirely, then the divine might make your wish come true. It’s the Tinkerbell effect for people who desperately want Taylor Swift to be horny for other girls. This would be understandable if it was expressed in the journal of a 14-year-old. Putting it in the page of the biggest newspaper in the world is just…. Well, it’s one of those “the internet was a mistake” moments.

Conversation about the piece has generally been driven by the notion that Marks’s piece was offensive and Swift treated poorly. Swift’s “camp” - I wonder how rich you have to be, to have a camp - is reportedly furious. I don’t really get offended, in that way, but I certainly understand why Swift would find the essay upsetting and invasive. With other people holding down the offense front, though, I’m free to focus on how fucking weird the piece is, and how genuinely bizarre it is that the staid New York Times, the paper of record, decided to publish it. As many people have said, it brings to mind nothing so much as a Livejournal rant from a depressed teenager, perhaps one on a Vyvanse binge. There’s this layer of the story that’s about Swift’s privacy and her autonomy, which I get. But then there’s also the fact that the Grey Lady, which will fact check the claim that the sky is blue, published a piece of what is really just speculative fanfiction. I often write about how over time, internet niches that seem marginal and unimportant subtly become mainstreamed, and suddenly the practices that define those niches are considered unremarkable. Tumblr culture (as distinct from the platform itself, which is unobjectionable) represents the intersection of social justice branding, fandom, and a total lack of boundaries or restraint, and it continues its pitiless march across our cultural institutions. Next week, The Paris Review is running a piece about how Dr. Melfi and AJ Soprano are the OTP that we should all ship, or so I’ve been told.

One interesting element of the essay is that it bucks the usual trend in our culture, which is to act as though the world owes Taylor Swift something that it has refused to give her. (Remember, the notion that Taylor Swift could ever receive adequate payment for existing is wicked.) I think this is part of the reason Marks’s essay has generated such ire - not just the righteous argument that it’s creepy and unfair to make someone the subject of sexual wishcasting in the fucking New York Times, but simply the sense that something is being asked of Taylor Swift. Anyone who reads pretty much anything on the internet knows that that isn’t how it works; the only thing we should ask of Taylor Swift is forgiveness, for surely we have failed to give her all that she deserves.

I’ve already written what I really need to say about the current fervor for Taylor Swift. I would never begrudge Swift’s success as a pop star, in the terms ordinary to pop stars, in the sensible space of normal human love for music and appreciation for the musicians who make it. It’s great that she sells so many records, gets so many streams, wins so many awards, and is beloved by both fans and the media. That’s all to the good, that’s how music works, and she has been rewarded for playing that role beyond the dreams of Croesus. What I find distressing about our current moment is this palpable feeling that no matter how much our culture celebrates and lionizes her, it’s never enough; this constant sense that no matter how much acclaim and riches we give her, we have somehow failed her. She is one of the most richly rewarded and privileged people to ever walk the face of this planet, and the ambient attitude in our culture industry is that we should be ashamed that we haven’t done more to exalt her. It is madness. And yet no one seems to want to point that madness out, I strongly suspect because they don’t want to find themselves on the hitlist of those unfathomably passionate fans. But someone needs to point out that waiting in a line for five months to get concert tickets is not a charming human interest story, but rather a record of deranged and deeply unhealthy behavior. Putting a second mortgage on your house to buy concert tickets isn’t a cute sign of devotion, it’s evidence of a parasitic attachment that can only lead to long-term unhappiness. And I’m willing to guess that many other people feel the same way but are afraid to say so.

I understand that this sort of thing is not unprecedented; Beatlemania springs immediately to mind. But then, the Beatles themselves have always said that Beatlemania was toxic. There’s this incredible moment in the Beatles Anthology documentary series where they show a clip from local news footage during the height of Beatlemania. This teenager guy is standing there with a bunch of angry and weeping friends. When asked by the reporter how he felt, the teenager says that they’re all mad because they were prevented from getting into physical proximity with the Beatles, when “we just wanted to get a piece of ‘em! All we wanted was a little piece of ‘em!” It never seems to occur to him that a bunch of fans wanting to get physically close to you, in order to “get a piece of you,” sounds very scary. Clearly, overinvested fans have always existed. I mean, John Hinckley did his thing more than 40 years ago. (Respect.) And the lines between passionate devotion and pathological parasociality can be very fine. When I was in elementary school, there was a kid who had come from somewhere in eastern Europe who would be brought to tears at the mere mention of Michael Jackson. While I find something very sweet and romantic about that, I do think that there are limits past which public affection becomes something dark and disordered.

The trouble is that the internet is a giant machine which sometimes appears to have the sole purpose of compelling people to take their interests too far. Any internet community dedicated to a particular topic inevitably ends up rewarding those users who take the most extreme position possible in relation to that topic. You can see the incredible rise of artistic populism in the past two decades for a great example. Once upon a time, there was a communal sense that being too invested in children’s media as an adult was a mark of arrested development and something to be embarrassed about; the world’s nerds spent many years developing a persecution complex because of this belief. But it turns out that such social conditioning plays an important role. Once the internet became a mass phenomenon, the nerds all found each other and rebelled against any sense of obligation that they should ever engage with art on any level more sophisticated than “Is this badass???” The media companies eagerly worked to exploit the IPs they already owned, and the ancillary industries that make merch quickly got in on the action too. With the concept of adult tastes having died the same death that befell the concept of adulthood writ large, and the money flowing in, very quickly all culture became children’s culture. The kinds of adult dramas that had once routinely gone to number one at the box office became relegated to arthouse cinemas and, eventually, streaming services; the superheroes had elbowed them all out. Anyone who argued that this all represented a culture that was unwilling to grow up was quickly accused (under whichever shameless terms) of racism or sexism or similar and dismissed.

In 1989, you had a lot of adults who could go and watch Batman and enjoy it and maybe pick up a couple of the commemorative cups from Taco Bell, mere weeks after being one of the many millions who made a hit out of Dead Poet’s Society, a movie about killing yourself over a poem Robin Williams told you to read. You could enjoy the kid stuff while keeping it in perspective. Nowadays, the financial engine behind movies featuring characters like Batman are 35-year-olds whose houses are stuffed full of FunkoPop, who listen to podcasts and watch YouTube channels devoted to these properties, and who can be relied on only to come out to those movies that are based on a preexisting franchise featuring some sort of magic or other types of unreality and which are rated PG-13. There was a cultural expectation that you had to engage with adult art and culture as an adult, a motivated minority of people resented this notion, the internet brought them together in spaces where they could grouse about it, and soon the cultural narrative flipped such that the previous belief that adults should sometimes engage with adult media was considered a kind of bigotry. The really committed nerds, meanwhile, just got busy crafting their next persecution narrative.

The negative consequences of the takeover of media by children’s stories are, I think, in part an expression of what happens when people find themselves in spaces where they can egg each other on and deny the value of restraint. But this is really a story of smaller communities, and there the consequences are more personally severe. Not to again bash a network I used to use and frequently found useful, but Tumblr exemplifies the internet’s tendency to push people into more and more extreme versions of every position that’s popular within their subcultures. You can certainly see this in the competitive social justice posturing that went on to infect Twitter and the world, where the actual righteous purpose of increasing equality and justice became subservient to the demand to express that purpose in an arcane vocabulary and with performative conviction. But I think the fandom world is the purest expression of all of this: what Tumblr consistently does is to take people with normal, deep, passionate attachment to a given movie or show or musician, and transform that into a pathological and parasocial dependence. Tumblr takes people who daydream about the characters in their favorite shows and makes them people who cut themselves in order to contain their emotions about them. I’ve gotten really, really, really into the characters and stories in my favorite books, in my life, and I understand that the impulse is both beguiling and dangerous. All you can do is pull yourself back from it when you can tell you’re in too deep, when you can’t fall asleep at night. What Tumblr and similar communities do is to provide you with someone who will always tell you, “don’t pull back, keep going, go deeper.” The site is littered with people talking about how they have developed attachments to fictional characters that are actively harmful to their regular lives. This drives both their sense that they are truer fans than anyone else and also Tumblr’s business model.

You can see this sort of thing, not just at Tumblr but increasingly everywhere, in the positively violent emotional attachment “fandom” people have to their favorite pairings. They will assert the supremacy of a particular couple - often gleefully unrelated to the actual plot of the source material, like Harry Potter and Snape or whatever - and become incredibly animated when someone denies the legitimacy of that pairing or asserts the superiority of another. The pairing off of of characters unconnected in canon goes back a long way, to the original “slash” communities, and is not at all unhealthy in and of itself. These “one true pairings” are fun and healthy, so long as they’re kept in proper perspective, as all things must be. Similarly, there’s the constant tendency to declare that certain characters are “coded” as gay, or queer, or trans, or similar. This too is unobjectionable, if expressed as a provisional claim. But a lot of these fans don’t want any of this to be considered provisional. The pairing they advance is the right pairing. The character they think is gay is gay, no matter how much or how little evidence there is in the text. And they tend to become very upset if anyone suggests otherwise. In literary terms, a reading that two particular characters would be a great pairing, or that there are subtextual hints that they have a romantic or sexual connection, or that they’re queer, is no more or less valid than any other. But the least valid literary reading is always the one that insists that there are no other valid readings, and this is exactly what predominates in those spaces.

Anna Marks looked at the rules for fictional characters that work on Tumblr, applied them to the most visible human being on the face of the planet, and published what she came up with in The New York Times. What could go wrong!

Marks makes waves at the constant claim that LGBTQ people, like other marginalized groups, lacks representation in arts and media. The entire project of wishcasting Taylor Swift as a lesbian derives its supposed legitimacy from this need - LGBTQ people need this, therefore Taylor Swift is obligated to provide it. Of course, the fundamental objection has to be that, unlike food or clothing or housing or medical care or education, someone’s literal sexual orientation cannot be subject to the expropriative demands of the needy. That is not something that can be given and not something that should be asked for. More to the point, the premise is wrong; LGBTQ people are not only not underrepresented in popular culture these days, in pure numerical terms they’re dramatically overrepresented. That’s not a normative statement, as if I’m suggesting that there are too many, but a reflection of the mere quantitative reality that it simply is not true that lesbian and gay and bi and transgender and queer people do not receive proportional representation in arts and culture relative to their numbers. And, you know, it’s not like gay people haven’t punched well above their weight artistically for a very long time. Of course I believe that there’s still discrimination against LGBTQ people; it’s just that being underrepresented in movies and television simply isn’t a part of that inequality anymore. Liberals are always so resistant to getting new material, even when it’s clear that playing the same old song isn’t addressing the actual needs of marginalized groups. And, you know, the continuing prevalence of homophobia despite all that representation is a pretty clear sign that representation is not in fact such an earth-shattering thing. It’s just something liberals usually control, looking for their keys where the light is.

The deeper, more uncomfortable question is what the endgame is, exactly, for all of the calls for representation. I find it simply undeniable that Hollywood has gone to great lengths in the past five years to attempt to appease that demand, but you can always argue that they need to do a better job, especially if a better job means making diverse art that doesn’t suck. What’s stickier is the assumption that underlies a lot of the rhetoric: that art can only serve you if it is “for you,” in this case meaning featuring and fronting people who are like you in some reductive way. That’s something you see all the time, the call for diverse art specifically because people from minority backgrounds supposedly can’t draw the right kind or amount of enjoyment from art featuring people who don’t look like them. I think diversifying Hollywood is still a worthy project, even after much progress. But the stated logic, I’m sorry to say, undermines some of my most basic assumption about what narrative art is and is for. This can’t carry much cultural weight because, as a white man, I don’t know what it’s like not to be served in that way, and never will, and trust me when I say that I’m open to the idea that my ignorance precludes understanding. I can’t ignore the fact, though, that one of the most time-honored and essential purposes of all of this storytelling is to produce empathy precisely across those lines of difference. What else is the moral purpose of novels or movies, if not that exact project of making us understand that which society has decided we never can? What better challenge is there than that?

I know some people will find this offensive, but when I watch Malcolm X, I empathize with Denzel Washington’s portrayal, I connect with it, I inhabit it, I understand it, I feel it represents me in exactly the terms of people calling for more representation. I see his plight in mine and mine in his. I understand that this sort of talk results in a lot of unhappy letters to the editor, but let me ask you: would the world be better if I didn’t feel this way, about Black or queer or women or disabled characters? If I didn’t connect with artwork by and about people who don’t “look like me,” what would be the advantage? Yes, I recognize that my complete lack of shame or self-consciousness in slipping into the conditions of others is a form of privilege, white privilege, male privilege. And of course I want those who feel marginalized and ignored in society to find their lives honored and respected in art, and I understand why they would guard “their” representation jealously. But I also want them to have the same ability that I have to slip off their demographic trappings and put on someone else’s costume for awhile. That is yet another of my privileges that I think should be spread, not ended. I assure you, I’m not going to stop listening to Mitski’s gorgeous, evocative “Best American Girl” no matter how much the YouTube comments hate that idea. Why not try and be comfortable everywhere you go? If people could get there, perhaps they wouldn’t need Taylor Swift to save them.

I covet other people’s identities, and I take them as it suits me, ruthlessly and without remorse. You can’t stop me. But you can be like me.

Maybe the more salient question is why the actually, openly queer artists that already exist are insufficient for Marks’s uses. Were kd lang, Melissa Etheridge, Tracy Chapman, Dusty Springfield, Tegan & Sara, Janelle Monáe, the Indigo Girls, Queen Latifah, Brandi Carlile, and so many more insufficient inspiration? Or were they simply not “heroic” enough, which is the only conclusion I can draw from the following paragraph?

What if someone had already tried, at least once, to change the culture by becoming such a hero? What if, because our culture had yet to come to terms with homophobia, it wasn’t ready for her?

What if that hero’s name was Taylor Alison Swift?

It’s true - nobody ever tried to change the culture of homophobia. Not even once!

This is what feels cruel in Marks, to me, the overpowering sense that past gay musicians just don’t impress her enough. And the actual claims here read like a parodic exaggeration of criticisms I’ve made of liberalism in the past - that modern liberals vastly overstate the ability of arts and culture to address structural problems. Homophobia does still exist, but it is a structural problem, not a personality flaw of celebrities, and “Taylor Alison Swift could cure homophobia” is an attitude so embarrassing, so fundamentally adolescent, that it’s incredible that a professional writer could think to publish it. Many people have died in various battles for equal rights. I find it absurd and in fact quite ugly to suggest that the problem can be solved by any hero, including a pop star.

I’m forever battling people in the comments here who insist that nothing that ever happens on the internet can ever have any real-world impact. This always strikes me as wishful thinking. Well, look - Tumblr has begun its colonization of the New York Times. If you’d like to find an answer to the question of why so many adolescents are now struggling with emotional problems, the conditions I’m discussing here speak to broader, fundamentally unhealthy dynamics of the internet that definitely matter. I think you could explore the internet history of many school shooters, including Eric Harris and Dylan Klebold, and see some of these behaviors at play, the lack of boundaries and of perspective, the self-mythologizing, marinating in communities that always push people to go deeper and more intense. Yes, I think this stuff matters.

Marks ends her piece saying

For a moment, Ms. Swift was out of the woods she had created for herself as a teenager, floating above the trees. The future was within reach; she would, and will, soon take back the rest of her words, her reputation, her name. Maybe the world would see her, maybe it wouldn’t.

But on that stage, she found herself. I was there. Through a fuzzy fancam, I saw it.

And somehow, that was everything.

This is a string of vague faux-profundities of a type that a lot of bad writers reach for when they’re trying to express the operatic heights of their soul. I have no idea how one would go about defining where “her future,” “her words,” “her reputation,” and “her name” begin and end, what constitutes one but not another, and this is a failure of precision that is forgivable in an overwrought Instagram caption but not in the New York Times. I don’t, in fact, think that Marks is a bad writer, although there is a whole other conversation to be had about who the industry elevates and why. No, I think she made the understandable mistake of getting caught up in a kind of reverie that, because it felt intense and personal and true to her, she mistook for being intense and personal and true in fact, in the wider world, in the hearts of us all. But as the saying goes, our guts have shit for brains. I heard that Marks felt compelled to delete her Instagram due to the backlash to the piece, and well, I would offer her words of support if I knew her personally, but I’d also tell her the truth - there is a grace only we can bestow; this is the price that you pay for a loss of control. And I think her editors at the NYT failed her. Their job is to save writers from themselves, and they abdicated that responsibility in the pursuit of the great trinity, buzz, shares, and clicks.

This level of fervor I see all around me, not just for Swift but for celebrities in general, is toxic and not sustainable. When people wake up every day and thank millionaires for bestowing on them an Instagram post shilling weight-loss tea, shouting a lusty “YES MOTHER” to someone who will never know they exist and would not care if they did, something has gone wrong. People are looking in the wrong place, and sacrificing one’s dignity is now so normalized that I don’t know if people even notice that they’ve lost something in the transaction. I think, fundamentally, that people are just desperate to feel something transcendent. But you can’t pull transcendence out of a smartphone. Art moves us to almost impossible emotions, and it’s natural to want to lavish an equal amount of emotion on the artists that make it. But it’s like everything else in life; you should be as absolutely devoted and passionate as you should be, but not an ounce more.

I’m sorry to repeat myself, but I think Swift would do herself a big favor by taking time off and actively working to create distance with her fanbase. There are no more rewards to be earned for her, now, no percentage in trying to become even bigger; the returns have all already diminished. She’s in a place very few human beings have ever been before, and I think that it’s a can’t-lose position where, strangely, a lot of the available moves ahead of her look no-win. Personally, I’d take a year off, and then maybe try to piss my fans off a little bit, to remind them that they owe nothing to each other; they have each thrown their payment in the cup, both Taylor Swift and her fans, and received more than they asked for. Telling them to grow up a little, suggesting that they move on, gently reminding them that they will never know her and that they shouldn’t want to that bad, angrily insisting to them that Fiona Apple was right…. I suspect that approach would be the best thing for both them and her. And anyway people like Marks need that. I’m always telling people that they should worry just as much about the disappointment that follows wanting and getting as they do about the disappointment that follows wanting and not. Anna, what if your dreams are true, your prophecy real, your wishes granted, and Taylor Swift comes out, and you look around and find that you’re still sad and lonely in a sad and lonely world?


https://freddiedeboer.substack.com/p/perhaps-emotional-dependence-on-celebrities

693
Politics & Religion / Hertz Dumps ⅓ of its EV Fleet
« on: January 12, 2024, 03:21:12 PM »
Wait, they are costly, expensive to maintain, take too long to charge (assuming you can find a charging station), and customers don't want to drive them? Who knew...?

https://legalinsurrection.com/2024/01/hertz-selling-20000-electric-vehicles-for-gas-powered-cars/?utm_source=feedly&utm_medium=rss&utm_campaign=hertz-selling-20000-electric-vehicles-for-gas-powered-cars

694
Politics & Religion / The Case for Standard Capacity Magazines
« on: January 12, 2024, 03:12:54 PM »
A well-argued piece w/ a ton of supporting links:

https://reason.com/volokh/2023/12/20/how-magazine-bans-thwart-self-defense/

695
Science, Culture, & Humanities / Alien Life on an Exoplanet Found?
« on: January 12, 2024, 02:54:15 PM »
Hmm, might this be the year we learn there is life well beyond earth and our solar system?

https://www.spectator.co.uk/article/have-we-just-discovered-aliens/?

696
https://melaniephillips.substack.com/p/the-icjs-genocide-travesty?r=1qo1e&utm_campaign=post&utm_medium=email&fbclid=IwAR03jdgpxCLxI1064EzjLQWr24fymD857IspTRa2_QenZpriNmmPw7_NSa4

People are understandably reacting with astonishment and disgust to the obscene Soviet-style show trial now under way at the International Court of Justice in which Israel is being accused of genocide against the Arabs of Gaza.

It is indeed a surreal and Orwellian spectacle. Israel is the victim of attempted genocide by Hamas and its patron, Iran, which openly declare their intention to erase every Jew from the planet and wipe Israel off the map.

Israel has gone to war in Gaza solely to prevent the genocide of its people after the depraved atrocities of October 7 and the declared intention of Hamas to repeat these again and again until Israel ceases to exist. The destruction and suffering in Gaza are indeed distressing and regrettable; but that is the inevitable price to be paid even in a just war, waged as Israel is doing purely out of defensive necessity against a vicious and fanatical aggressor. As any country is entitled to do under international law, which Israel is following by the book.

Israel goes to greater lengths than any other country to reduce the number of civilian casualties among its enemy population. It does so even at the cost of its own soldiers and even where, as in Gaza, Hamas have deliberately sited their missiles and infrastructure of genocidal warfare among Gaza’s homes, hospitals and schools. They do this in order to cause civilians to die in large number, and thus provoke the world to blame Israel for taking the only available recourse to defend its people against mass murder.

This is the cynical strategy now being deployed at the ICJ’s kangaroo court in The Hague. The argument to which the ICJ — on past form — is likely to be all-too receptive effectively casts the attempted genocide by Hamas as self-defence and Israel’s defence against that murderous onslaught as “genocide”. 

The case would bring the ICJ into total disrepute if it actually had any reputation to defend. It does not. Despite its pretensions to being a court of law, it is in fact a theatre of partisan political activism. It squats at the vortex of the legal and moral black hole that is international “human rights” culture.

Laws draw their legitimacy from being passed by nations rooted in specific institutions, history and culture. Without the anchor of national jurisdiction, laws can turn into instruments of capricious political power.

The ICJ has no such national jurisdiction but is made up of many nations. That’s why, from its inception, it was in essence a political court. That’s why it’s an existential foe of Israel — the principal target of some of the world’s many human rights abusers, who have grasped that international law provides them with a potent weapon.

Along with other supposed progressives, western “human rights” lawyers have been notably subdued since the Hamas pogrom of October 7.  In that onslaught, Palestinian Arabs murdered, tortured, raped and beheaded more than 1200 Israeli victims and took 240 hostages, more than 130 of whom remain in Gaza’s underground dungeons and who are all too likely to be enduring horrific ill-treatment — those who are still alive.

“Human rights” lawyers maintain that international laws prohibiting genocide and crimes against humanity will hold war criminals and genocidists to account, and as a result will also help prevent such atrocities from taking place. The October 7 pogrom has exposed this core belief to be a murderous fantasy. 

International law did not deter Hamas then and clearly will not deter it from repeated onslaughts in future; nor will it deter Hezbollah, Iran or any other rogue actors intent upon perpetrating evil in the world. Instead, as we can all see from the black farce being staged at the ICJ, it is being used against the Israeli victims of genocide to accuse them falsely of the very crime to which they have been subjected — in order to give the genocidal aggressors of Hamas a free pass and help them in their goal of destroying the Jewish state.

Moreover, this grotesque moral inversion is hardly a surprise in the world of “human rights,” where Israeli culpability for “oppression” of the Palestinian Arabs is a given — along with the corresponding indulgence granted to those Arabs for their murderous attacks on Israelis which is deemed to be justified “resistance”.

Israel’s ambassador to the UN, Gilad Erdan, raged yesterday:

All the UN bodies and its institutions have become weapons against Israel in the hands of Hamas terrorists. How is it possible that the Convention for the Prevention of Genocide, which was adopted after the Holocaust, is currently being used in the UN against the Jewish state, while it is serving Hamas, which is working to destroy Israel?!

How indeed. I explained here in August 2019 how “human rights” law had become such a travesty of its foundational ideals. Reflecting on the silence of the international community over the war crimes being committed by terrorist groups in Gaza which were then firing thousands of rockets at Israel and launching aerial incendiary balloons in order to murder Israel civilians, I wrote:

The failure of the United Nations to enforce international law against such brazen aggressors indicates, however, something deeper than its endemic bias in favour of its non-aligned members and its resulting tendency to side with tyrannies and rogue regimes against those they want to destroy.

International human rights law was developed by people who were appalled by the world’s paralysis in the face of antisemitic pogroms in Eastern Europe, through which several of them lived, followed by the Nazi Holocaust.

As detailed in James Loeffler’s riveting and important book, Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century, Jewish lawyers, jurists and other activists sought to fashion international human-rights law into a defence mechanism to protect powerless minorities.

The process through which it became a weapon to be used against the Jewish people is, as Loeffler recounts, a tragic history.

At its heart lay a fatal contradiction. Activists such as Hersch Lauterpacht, an eminent British lawyer who had been born in Lvov, and oil tycoon Jacob Blaustein, the legendary head of the American Jewish Committee, thought the way to save Jews and others from oppression by dictatorial regimes was to use international law to trump national sovereignty by holding oppressors to account through international tribunals.

Others, however, such as the Lithuanian-born lawyer Jacob Robinson fruitlessly warned that for the Jewish people this was a trap. He understood it was only national sovereignty that would safeguard diaspora Jews. “The basic guarantee of Jewish freedom is the democracy of the country where the Jews live,” he maintained.

He also understood that, by superseding national sovereignty, the universalist doctrine of human rights was innately hostile to Jewish particularism as expressed through the Zionist dream of recovering the Jewish national homeland.

As Loeffler relates, this fundamental flaw inevitably turned the United Nations – the designated vehicle of international human rights – into a mortal enemy of Zionism and the Jewish people.

In 1960 the Soviet Union, recognising the opportunities offered to it by “decolonisation” around the world, pushed through the United Nations a resolution that effectively turned international human rights from being a check on state power into a vehicle for anti-colonial nationalism, positioning the USSR as the leader of the global anti-colonialist movement.

This paved the way for what was described as “an all-out assault on Israel based on the theme of anti-colonialism”. In 1962, after an epidemic of swastikas appeared across Europe, an attempt to include antisemitism in the new UN anti-racism law was rebuffed by freshly independent African and Arab states.

These denounced “Zionist expansionism” as the antithesis of human rights and declared that any talk of antisemitism was a Zionist plot.

The stage was set for the increasing demonisation of Israel tied to the dominance of international human rights doctrine, marked by the milestone 1975 UN resolution declaring “Zionism is a form of racism and racial discrimination”.

The world body turned into this Orwellian weapon against justice and the innocent because the pioneers of international human rights law got a number of crucial things badly wrong.

They failed to grasp that the world was mainly composed of tyrannies, that these would therefore dominate the United Nations, and that antisemitism was a unique phenomenon that would never be eradicated.

They failed to grasp that the uniquely particularist Jewish people would always be in the crosshairs of a universalist ideology such as international human rights.

They failed to grasp that the key factor in any fight against tyranny or antisemitism is the will to engage in such a fight. Absent that, human rights law is worse than useless; it provides an alibi for indifference and hands evil people a lethal weapon to use against the innocent.

In other words, the foundational ideas of international human rights law have themselves acted as an incendiary balloon. They have created a global scorched wasteland of innumerable innocent victims before deflating into useless detritus, which remains unnoticed by those still blinded by a naive and self-destructive ideal.

No wonder “human rights” lawyers and activists are now so silent. The savage butchery of Israelis by Hamas, the dehumanisation of those Jewish victims by western “progressives” and now the grotesque show trial to which Israel is being subjected for trying to protect its people from further genocidal attack all constitute indeed a scorched moral wasteland to which “human rights” culture has reduced the once-civilised world. 


698
Politics & Religion / The Social Role of the Entrepreneur
« on: January 11, 2024, 07:34:36 PM »
Never embrace the ideals of socialism. Never allow yourselves to be seduced by the siren song of social justice. . . At the same time, we have to raise awareness among the business sector, that the masses are necessary—Milton Friedman used to say that the social role of an entrepreneur is to make money. But that’s not enough. Part of their investment must include investing in those who defend the ideals of freedom, so socialists can make no further advances. And if they don’t do it, they [the socialists] will get into the State, and use the State to impose a long term agenda that will destroy everything it touches. So we need a commitment from all of those who create wealth, to fight against socialism, to fight against statism, and to understand that if they fail to do so, the socialists will keep coming.

Argentina’s Javier Milei

699
What Nigel Biggar says about the British Empire

Samizdata.net / by Brendan Westbridge (London) / January 10, 2024 at 03:02AM

We are constantly being told by that coalition of communists and racists that talk about “de-colonisation” that the British Empire was a Bad Thing and that therefore we whiteys should a) be ashamed, b) tear down any monuments to that empire and c) give all our money and wealth to the descendents of the alleged victims of that empire. This despite the fact that there is almost no one alive who had anything to do with said empire. There is no force for good like inter-generational guilt.

For some time Oxford Academic Nigel Biggar has been discomfited by this claim and these demands. In 2017, he was denounced by “fellow” academics for running an “Empire and Ethics” project. Last year saw the publication of his book Colonialism: A Moral Reckoning. This itself was something of a palaver with Biggar’s original publisher dropping the thing in what appeared to be a cancellation. Luckily there is still some competition in the publishing world and another publisher came to the rescue.

Biggar is at pains to point out that he is an ethicist not a historian. He deals in moral issues not historical ones; hence the title of the book. Well, that’s the theory but with over a hundred pages of footnotes it would appear he is quite good at the not-day job.

He examines the various claims that the “de-colonisers” make: Amritsar, slavery, Benin, Boer War, Irish famine. In all cases he finds that their claims are either entirely ungrounded or lack vital information that would cast events in a very different light.. Amritsar? Dyer was dealing with political violence that had led to murder. Some victims had been set alight. Anyway, he was condemned for his actions by the British authorities and, indeed, his own standing orders. Slavery? Everyone had it and Britain was the first to get rid of it. Benin? They had killed unarmed ambassadors. Irish famine? They tried to relieve it but they were quite unequal to the size of the task. In the case of Benin he comes very close to accusing the leading de-coloniser of knowingly lying. The only one of these where I don’t think he is so convincing is the Boer War. He claims that Britain was concerned about the future of the Cape and especially the Simonstown naval base and also black rights. I think it was the pursuit of gold even if it does mean agreeing with the communist Eric Hobsbawm.

He is far too polite about the “de-colonisers”. They are desperate to hammer the square peg of reality into their round-hole of a theory. To this end they claim knowledge they don’t have, gloss over inconvenient facts, erect theories that don’t bear scrutiny and when all else fails: lie. Biggar tackles all of these offences against objectivity with a calmness and a politeness that you can bet his detractors would never return.

The communists – because they are obsessed with such things and are past masters at projection – like to claim that there was an “ideology” of Empire. Biggar thinks this is nonsense. As he says:
There was no essential motive or set of motives that drove the British Empire. The reasons why the British built an empire were many and various. They differed between trader, migrant, soldier, missionary, entrepreneur, financier, government official and statesman. They sometimes differed between London, Cairo, Cape Town and Calcutta. And all of the motives I have unearthed in this chapter were, in themselves, innocent: the aversion to poverty and persecution, the yearning for a better life, the desire to make one’s way in the world, the duty to satisfy shareholders, the lure of adventure, cultural curiosity, the need to make peace and keep it, the concomitant need to maintain martial prestige, the imperative of gaining military or political advantage over enemies and rivals, and the vocation to lift oppression and establish stable self-government. There is nothing morally wrong with any of these. Indeed, the last one is morally admirable.[/i]

One of the benefits of the British Empire is that it tended to put a stop to local wars. How many people lived because of that? Bthat leads us on to another aspect. Almost no one ever considers what went on before the Empire arrived. Was it better or worse than went before it? Given that places like Benin indulged in human sacrifice, I would say that in many cases the British Empire was an improvement. And if we are going to talk about what went before what about afterwards? He has little to say about what newly-independent countries have done with their independence. The United States, the “white” (for want of a better term) Commonwealth and Singapore have done reasonably well. Ireland is sub-par but OK. Africa, the Caribbean and the Indian sub-continent have very little to show for themselves. This may explain why Britain needed very few people to maintain the Empire. At one point he points out that at the height of the Raj the ratio of Briton to native was 1 to 1000. That implies a lot of consent. Tyrannies need a lot more people.

The truth of the matter is that talk of reparations is rooted in the failure of de-colonisation. If Jamaica were a nicer place to live than the UK, if Jamaica had a small boats crisis rather than the UK then no one would be breathing a word about reparations or colonial guilt. All this talk is pure deflection from the failure of local despots to make the lives of their subjects better.

Biggar has nothing to say about what came after the empire and he also has little to say about how it came about in the first place – so I’ll fill in that gap. Britain acquired an empire because it could. Britain was able to acquire an Empire because it mastered the technologies needed to do it to a higher level and on a greater scale than anyone else. Britain mastered technology because it made it possible to prosper by creating wealth. That in itself was a moral achievement.

Of course, modern Britons don’t actually need to justify the Empire. As I pointed out at the beginning none of us had anything to do with it. You could argue (does anyone actually do this?) that we current-day Britons are the inheritors of the same culture and perhaps we should be ashamed about that. Except that I am not in the mood to condemn a culture that produced the rule of law, freedom of speech, property rights and the Industrial Revolution. Anyway, does anyone seriously think that modern British culture would be capable of giving birth to a second empire? Culture changes. The other argument is that many of us continue to be the beneficiaries of the Empire. At very least those who have started with nothing and yet are still on the hook for reparations are entitled to feel a bit miffed. But one only has to look around to see that most of Britain’s prosperity is much more recent in origin. Sure, that big house might have originally been built from a slaver’s profits but if a more recent person hadn’t kept the roof intact it would be a ruin by now.

A narrative about a rapacious British Empire is being used to first humiliate and shame modern Britons in preparation for their impoverishment and eventual extermination. OK, maybe I am getting ahead of myself here but I’ll bet you some of them of thinking that. There is certainly nothing in the “decolonisation” belief system to prevent it. Biggar’s achievement is to demonstrate that – if you do believe in intergenerational guilt  – there is nothing to be ashamed of.

https://www.samizdata.net/2024/01/what-nigel-biggar-says-about-the-british-empire/

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Science, Culture, & Humanities / Takings get Took to the Wood Shed?
« on: January 10, 2024, 12:28:55 PM »
https://reason.com/volokh/2024/01/10/supreme-court-oral-argument-indicates-radical-agreement-that-there-is-no-legislative-exception-to-the-takings-clause/

[Ilya Somin] Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause
The Volokh Conspiracy by Ilya Somin / Jan 10, 2024 at 1:37 PM//keep unread//hide

[That's the big takeaway from yesterday's oral argument in Sheetz v. County of El Dorado. But it's not clear whether the Court will resolve any additional issues, and if so how.]

Yesterday, the Supreme Court heard oral argument in Sheetz v. County of El Dorado, an important Takings Clause property rights case. When the Supreme Court decided to take the case, most observers (myself included) thought the main issue would be whether there is a "legislative exception" to takings liability in at least some situations where the Fifth Amendment otherwise requires the government to pay "just compensation." In Nollan v. California Coastal Commission, Dolan v. City of Tigard, and other cases, the Supreme Court previously ruled that state and local governments sometimes violate the Takings Clause when they impose exactions as a condition of letting property owners develop their land. Some lower courts—including the California Court of Appeals in this case—have held there is no Takings Clause liability for land-use exactions in cases where the requirement was imposed by legislation, rather than by executive officials or regulatory agencies.

In Sheetz, a property owner had been barred by the Country from building a single-family home on his property unless he first payed at $23,420 "traffic mitigation" fee. The official question presented by the case is this:

Whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation.

If yesterday's oral argument is any indication, the Supreme Court won't have any trouble concluding the answer is "no." All or nearly all of the justices seem to agree there is no legislative exception. Indeed, even counsel for the County of El Dorado agreed.

In answer to a question by Justice Thomas, she stated that the answer to the question of whether a permit condition qualifies as a taking cannot be answered "by looking
at whether there is some sort of legislation." Chief Justice John Roberts immediately noted that her "answer to the question presented is, I think, the same as the Petitioner [the property owner]."

Justice Neil Gorsuch later said he "thought we had taken the case address [the] question of whether Nollan and Dolan simply [do not] apply to legislative enactments of any kind," but oral argument revealed there is "radical agreement" on that issue. Gorsuch is a conservative justice and strong advocate of constitutional property rights. But liberal Justice Elena Kagan similarly stated there "there is radical agreement…. that you don't get a pass from unconstitutional conditions analysis just because you've passed generally applicable legislation. And that's, of course, true in unconstitutional conditions analysis generally, and so too it's true of unconstitutional conditions analysis in the property area."

With such unaccustomed consensus between the justices and the parties to the case, I think it overwhelmingly likely the Court will rule there is no such thing as a "legislative exception" to takings liability. The justices may even be unanimous on that issue (though I am not entirely sure Justice Sotomayor will agree, so they may not). For reasons summarized here, I think this resounding rejection of the legislative exception theory will be the right result.

That, however, still leaves the difficult question of what kinds of regulatory fees qualify as takings, and which do not. Over the course of the oral argument, the justices struggled with this issue. It's hard to tell what they will say if they try to resolve it, and how broad the resulting ruling will be.

A number of questions focused on the issue of whether tolls and user fees qualify as takings if the property owner prevails. I think the answer is "no," because there is a crucial distinction between the government charging a fee for the use of public property (such as a highway), and charging a fee in exchange for letting the owner use his or her own property, as in this case, where Sheetz must pay a large sum just to be able to build a house on his own land. Some justices also raised the perennial issue of how to distinguish takings from property taxes.

The Court could avoid these problems entirely by limiting its holding to the legislative exception issue (which, after all, was the focus of the official question presented), and remanding the rest to the lower courts. Gorsuch and Thomas appeared to want to do just that. But I don't know if there are three other justices who will go along with that approach. If not, it's hard to predict how much further the Court will go with its holding and what it will say.

For more analysis of the Sheetz oral argument, check out posts by Robert Thomas at Inverse Condemnation, and Tim Mulvaney at PropertyProfblog. Mulvaney has helpful additional details on what the Court might do if they decide to go beyond simply rejecting the legislative exception theory.

NOTE: The property owner is represented by the Pacific Legal Foundation, which is also my wife's employer. However, she is not part of the litigation team working on the case.

 

The post Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause appeared first on Reason.com.

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