Tuesday, 24 May 2011

Ryan Giggs named in Parliament - An Injunction Defied

John Hemming, the Lib Dem MP for Birmingham Yardely, has done what I urged him to do in a previous post. He has named Ryan Giggs as the premiership footballer holding a super-injunction against the reporting of his affair with Imogen Thomas. It his not the first super injunction he has struck out against using parliamentary privilege; he named both Fred Goodwin and Doncaster City Council as beneficiaries of legal gags against the press.

He was reprimanded immediately by John Bercow, the Squeaker of the House of Commons who said:
"Let me just say to the honourable gentleman, I know he's already done it, but occasions such as this are occasions for raising the issues of principle involved, not seeking to flout for whatever purpose."
I applaud Hemming for his actions. Even though I knew long ago the identity of those with super injunctions, the massed ranks of the twittersphere have only recently broadcast the name of the premiership footballer involved. Schillings, the legal company whose speciality is covering up immorality, were seeking to take legal action against twitter and its users on behalf of their client, Ryan Giggs. About 75,000 people on twitter broke the super-injunction in perhaps the biggest act of civil disobedience this country has ever seen.

This privacy law, stemming from the Human Rights Act, does not have popular consent. Parliament did not legislate clearly enough to prevent our disgustingly activist judiciary interpreting law in the way that they see fit. Our courts our suppressing the freedom the press, which has always been an effective check on the behaviour of the powerful, and negating our basic right to free speech.



Hemming names Giggs in the House of Commons. He also names Giles Coren as the journalist in trouble with the law for tweeting about another famous footballer with a super injunction. Check twitter to find out who..

Not only does parliament need to repeal the Human Rights Act, which allows for such pernicious meddling by the judiciary, it needs to reassert itself as the legislature against an overly powerful judicial branch of government.


It should also tell the ECHR where to get off, and the EU for that matter. Parliament must be sovereign. 

Monday, 23 May 2011

Romanticism, Rousseau and Revolution

It is often easy to see the origin of Romantic philosophy. The evocation of feeling via beauty in nature can persuade a romantic attempt to derive higher meaning from it:


At home in Gower, breathing my native Welsh air and watching the
waves crash upon fine sand, I understand the appeal of Romanticism.

The sublimity of nature's beauty, the ideal of a simple, rural lifestyle and the experience of human emotion are what drove the romantic movement that originated in the late 18th Century. It was a passionate rejection of the Enlightenment's reassertion of classical objectivity and the concurrent rise of industrialism. The Romantics idealised medieval rather than classical civilisation. They preferred the life of the rural peasantry to that of the urban proletariat, the eccentric aristocrat to the hard nosed businessman and the emotional rogue to the upright stoic.

The shift in attitudes from the reason of the Enlightenment to the Romanticism of the 19th Century can be seen in Western architecture:


 The Bank of England, built in the late 17th Century, is typical of the neo-classical architecture of the Enlightenment period - which is itself reflective of the objective neo-classical outlook of the age.





The Palace of Westminster, rebuilt in the 19th Century by Charles Barry showcase the neo-Gothic style of the Romantic era. The building is intended to beautiful, the detail of the architecture is designed to enthral. It is a work of subjectivity - a central tenet of Romanticism.

Both institutions would benefit from a dose of neo-classical economics..

Romanticism is characterised by nostalgia, it views modernity as corrupt and progress as befoulment. The foremost philosopher of Romanticism, Jean-Jacques Rousseau regretted even the very beginning of civilisation:

"The first man who had fenced in a piece of land, said "This is mine," and found people naïve enough to believe him, that man was the true founder of civil society. From how many crimes, wars, and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows: Beware of listening to this impostor; you are undone if you once forget that the fruits of the earth belong to us all, and the earth itself to nobody." - Jean-Jacques Rousseau, Discourse on Inequality, 1754

One could be forgiven for inferring a great similarity between Marxist and Romantic philosophy based on the above quotation. Marx and Rousseau share, politically, a distaste of property and individualism, and both seek a regression to forms of communalism. Their wider philosophies are, however, quite different. Marxism is an attempt at empirical criticism of classical liberalism, conflicting with the liberal economists and philosophers on their own ground. Rousseau's Romanticism is not empirical, it is highly subjective and values feelings and nature above books and statistics. Marx developed his theories by pouring over records in the reading room of the British Museum, Rousseau conceived his by listening to waves on a beach.


JJ Rousseau - Romantic
Rousseau believed that civilisation had corrupted humanity. To him only savages, such as the recently discovered Tahitians, were truly happy, truly virtuous and truly free. Like Thomas Hobbes and John Locke, Rousseau built his philosophy around a hypothetical 'state of nature' which was in existence before civilisation. In this state of nature man was pure, beautiful and fully human without the shackles of civil society, law, convention and etiquette.
 Rousseau wrote of this idea in his major work Discourse on the Origins of Inequality, to which Voltaire responded:
“No one has ever used so much intelligence to persuade us to be so stupid.  After reading your book, one feels that one ought to walk on all fours. Unfortunately, during the last sixty years I have lost the habit.” 
Rousseau makes explicit Romanticism's rebellion against the enlightenment.


Rousseau's political philosophy, borne out of his romantic beliefs, is set out in his Social Contract. It is from this book that the quotation: "Man is born freebut everywhere he is in chains." The chains to which he refers are the restrictions upon men's behaviour which are imposed by civil society. Rousseau realises that humanity can never return to the state of nature to live as noble savages; civilisation cannot be unlearned. Instead, Rousseau expresses a desire for a radically different political system to be ruled by that with which his glorified savage tribes have so much affinity; the general will.


The general will as described by Rousseau is not the will of the majority, nor sum will of all, but where the interest of all coincides. As Bertrand Russell puts it in his History of Western Philosophy:
"If the citizens have no opportunity of striking logrolling bargains with each other, their individual interests, being divergent, will cancel out, and there will be left a resultant which will represent their common interest; this resultant is the general will"
Rousseau, nominally, sets out his political philosophy with the admirable goals of liberty and democracy these are however constantly negated throughout in pursuit of the general will. Rousseau believes that freedom is achieved when all of the rights of all individuals are submitted to a community governed by the general will. To be ruled by the general will of the body politic is not tyranny in Rousseau's eyes as all are taken into account in a system of direct (rather than representative) democracy. In effect one can be forced to be 'free'.  The tyranny of the general will is absolute as Rousseau advocates no separation between the public and private spheres for fear that private interests may conflict with the general will.

Rousseau's agenda is more about equality than it is about liberty and to put equality before liberty is the recipe for the collective tyranny he advocates. His political philosophy is a rejection of one of the most important aspects of the enlightenment; John Locke's conception of natural rights.


Romantics
The French Revolution was heavily influenced by Rousseau's political philosophy. The character and nature of the revolution was different to that the revolution that began the enlightenment; The Glorious Revolution of 1688 and the revolution that helped define it politically - the American revolution. The French revolution, like Rousseau, sought a different sort of liberty to that which Americans won in 1776. As the French displayed through the relentlessly efficient decapitation of aristocrats and anybody else suspected of not being revolutionary enough, true liberty is not conducive to equality and fraternity. The 'liberty' fought for by the French revolutionaries, however, was not liberty as a liberal would understand it - it was the liberty of Rousseau, the liberty to be subject to the whim of a majority of which you are part.

It should not be surprising that the mass-murdering revolutionary leader Robespierre was a staunch believer in the teachings of Rousseau.

More Romantics
Rousseau's philosophy has inspired and provided a justification some of the worst totalitarian regimes of history, notably it provided an intellectual basis for the rise of Fascism in the early 20th Century. Fascism is a romantic ideology based upon romantic nationalism. Who are the the people that make up the general will? Does a common ancestry and nationhood make membership of the body politic racially and nationally exclusive? These were the questions for political Romantics to which Fascism was the answer.
Romantic film (not a Rom-com)

The National Socialists in Germany before the second world war were seen as an embodiment of the general will. Indeed it is obvious that that the Nazis were well aware of this perception, and sought to reinforce it through Riefenstahl's Triumph des Willens (The Triumph of the Will) - a semianl film in the field of propaganda.

Today's romantic political force is not fascism, but environmentalism. Environmentalism is somewhat less dangerous than rampant Nazism, but not entirely harmless. Environmentalists do not tend to be interested the the ideals of Rousseau's Social Contract, but their philosophy shares great similarity with his Discourse on the Origins of Inequality. A disdain for civilisation and a desire to return back to the beauty, purity and virtue of nature is a romantic aspiration which motivates the idealistic attacks they make on the industrial prosperity of the west. They also, like the Nazis, are anti-capitalists. They share with Rousseau a disdain for property and reject the virtue of inequality.

It is interesting to have a philosophy that informs nature-loving eco-warriors and society-hating hippies along with genocidal National Socialists. 


Romantic political philosophy is contrary to the prevailing liberal political philosophy set out by John Locke. Locke is first a liberal, secondarily is he a democrat.


Democracy is but another form of tyranny without constitutional limitations and the rule of law. The 'general will' should certainly not have absolute claim to the life, liberty or property of the individual. The unrestrained political power of a body politic driven by populism is the highway to statism.


Freedom requires a constitutionally limited state, government by consent, the rule of law and respect for the supremacy of the individual.

Wednesday, 27 April 2011

Defying Super Injunctions


Andrew Marr, a BBC man who has long been prominent in the field of political journalism, today broke his own super-injunction. Accused of hypocrisy by Ian Hislop, editor of Private Eye magazine and vocal cheerleader for the freedom of the press, Marr has revealed details of his affair blocked by an injunction - the use of which he says is now "out of control".

Mr Marr tried to justify his use of one of these legal gags to prevent reporting of his adulterous affair by saying "they should not last forever". In my opinion they should not exist.

Free speech should be held dear by our legal system, not fundamentally weakened as it has been repeatedly by Mr Justice Eady - the man behind the injunctions so severe that it is illegal to report their very existence. These unjust mechanisms, available only to the rich and famous, put the privacy of a few at the expense of the freedom that should be enjoyed by all.

I, personally, am not interested in the extra-marital adventures of the likes of footballers or even Andrew Marr and it is not because of a craving for unedifying 'celebrity' secrets that I am outraged. It is very dangerous for judges to be deciding what information, which would otherwise be public, can or cannot be printed by an independent media. 

Indeed it is not only public figures that have been using these authoritarian instruments of suppression, but a super injunction has also been used by a supposedly accountable public body; Doncaster Council. I can only reveal this thanks to John Hemming MP who used parliamentary privilege (MPs have legal immunity in regard to statements made in the Commons), despite the Squeaker's attempts to stop him, to expose the despicable actions taken by Doncaster against a woman who spoke out against them to a parliamentary committee. Hemming, perhaps the only honourable Lib Dem politician, also previously exposed an injunction taken out by banker Sir Fred Goodwin in a similar way.

It is my sincerest hope that he makes the use of these injunctions futile by exposing every single last one of them.

The legal basis for much of the judiciary's assault on one of our basic freedoms comes ironically from human rights legislation; specifically Article 8 of the European Convention on Human Rights which guarantees a "right to respect for private and family life". It is quite clear that this is designed to protect the privacy and the family from government interference and not adultery from a free press.

Unfortunately, coalition with the Liberal Democrats prevented the Conservative Party from fulfilling it's manifesto promise of scrapping the Human Rights Act and replacing it with another British Bill of Rights which would have hopefully eliminated this legal opportunity for illiberal judges.


Update: If I were to tell you, or give you any clue as to which well-known premier league footballer had an affair with the former Miss Wales I would be in very big trouble. Flying Pigs could not make me do it.


Update II: For an interesting journalistic take on Marr's gag: http://www.fleetstreetfox.com/2011/04/first-rule-of-journalism.html

Wednesday, 13 April 2011

France is wrong to ban the Burqa

The banning of the burqa by Sarkozy's government is a measure which they claim is intended to tackle the 'un-French' oppression of women, which the garment represents. The ban, which came into force on Monday, prohibits the wearing of full-face veils in public and is punishable by a €150 fine (£133 in real money).

I do not object to this secular law on religious grounds; I do not think a person's adherence to any supernatural belief should confer extra respect or privilege upon them in the eyes of the state or anybody else. I instead object as a believer in the freedom of the individual. It is that which sets us apart from the Islamists which the French have legislated against.

One woman who took a stand against France's new law:
Islamist or Civil Libertarian?

I share some the stated concerns of anti-burqa activists, I too am dismayed at the authoritarian misogyny of a community that would impose such restrictive apparel upon so many of their womenfolk. We cannot know, however, how many women are forced to wear the Burqa compared to the amount that make a genuinely independent choice to do so. Many could be motivated by faith, or perhaps even fashion.

The state cannot assume that every veiled woman is being publicly subjugated any more than it can assert that everyone who wears a tracksuit is a criminal. Besides, what business is it of government to determine what an individual is allowed to wear? Freedom of expression is a fundamental tenet of western civilisation. The right of an individual to dress as they wish should not be restricted by authoritarian legislation borne out of fear of an illiberal alien ideology. To do so is to descend closer to the level of the Ayatollahs of Iran or the Saudis, who do not allow women to go out in public with some sort of covering, partly motivated by fear of the West's liberal ideology.

I would rather live in a society where some individuals may unfortunately be pressured into wearing garments by other individuals than live in a society where the state restricts the clothing choices of all individuals.


Update: One of my coursemates has written a reasoned reply to this post which you can read on his blog: http://georgeberridge123.blogspot.com/2011/04/is-france-right-to-ban-burqa.html

Wednesday, 16 March 2011

Karl Marx and the Communist Manifesto

To see my criticism of The Communist Manifesto and Marxism click here. Marx was so fundamentally wrong about so much and yet he is probably the most influential 'philosopher' of modern history.

Unfortunately the pointless and deeply flawed practice of Marxist analysis pervades practically all academic subjects such as philosophy, law, media studies, sociology, film studies, theatre, literary criticism, and aesthetics etc...

My vitriolic attack on Marx via this seminar paper surprisingly earned me a round of applause in today's seminar.

Sunday, 13 March 2011

Biased BBC to appoint left-wing extremist as Question Time Editor

Nicolai Gentchev, the man chosen by the BBC to head the popular political panel show when it makes its unwelcome move to Glasgow - has a history of left wing extremism. He has written for mouthpieces of the far left such as International Socialism Journal and Socialist Review.

Neil Midgley over at the Telegraph tells us:

Mr Gentchev wrote an article in the International Socialism Journal in 1995 entitled “The Myth of Welfare Dependency”. He wrote: “Even capitalism’s supporters do not see an end to mass unemployment and low wages… all they offer is to make living on welfare so unbearable that even more people are forced off benefits and into conditions which were common… before the creation of the welfare state. While we fight to make sure such plans never become reality, we have to get rid of the system which has brought us to this point.” 
The website of the International Socialism Journal says that it is associated with the Socialist Workers’ Party. The website continues: “The International Socialist Tendency unites revolutionary organisations around the world on the basis of workers’ power [and] revolution not reform.”
The man is an unreformed Trotskyite who's views belong in early Soviet Russia - these views are however compatible with those of the modern BBC.



For some very recent examples of BBC bias read Ed West here.

The Philosophers (I)

An overview of the first philosophers I looked at as part of my History and Context of Journalism module so far:

Niccolo Machiavelli was a Florentine statesman infamous for his morally devoid work Il Principe (The Prince). The cunning real politik he displayed in practical terms, written as if a handbook for maintaining power - was one of the first examples of political analysis. It has caused moralistic outrage ever since - but served as a significant example of the new-found objectivity of the renaissance. Read my post on Machiavelli here.



 René Descartes was a French philosopher and mathematician of the 18th Century who is best known for three words: Cogito ergo sum. I think therefore I am. Descartes' mistrust of all but the certainty of his thought is often called Cartesian doubt and is important in understanding rationalist philosophy. Read my post on Descartes here.





Sir Thomas More, famed for his defiance of Henry VIII and opposition to the reformation, embroiled himself in theological controversy. Philosophically he was a humanist - opposed to the traditional scholastic tradition of his catholic faith. He also invented Utopia, a fictional 'perfect' state in the South Atlantic. Utopia however is far from perfection in the eyes of any liberal thinker - it is an Orwellian nightmare. To read my post, which focuses on Utopia, click here