Marx on free speech

March 19, 2015 at 7:44 pm (Free Speech, history, Marxism, NUS, posted by JD, students, truth)

Comments on The Latest Prussian Censorship Instruction [39]


Written: between January 15 and February 10, 1842;
First published: in Anekdota zur neuesten deutschen Philosophie und Publicistik, Bd. I, 1843;
Transcribed: in 1998 for marx.org by Sally Ryan; what appears below is an extract. The complete article is here. We publish this extract in the hope of educating some young radicals, especially in the student movement, who seem to think it is the role of the “left” to support censorship and that freedom of speech is a right-wing concept.


Karl Marx

“According to this law,” namely, Article II, “the censorship should not prevent serious and modest investigation of truth, nor impose undue constraint on writers, or hinder the book trade from operating freely.”

The investigation of truth which should not be prevented by the censorship is more particularly defined as one which is serious and modest. Both these definitions concern not the content of the investigation, but rather something which lies outside its content. From the outset they draw the investigation away from truth and make it pay attention to an unknown third thing. An investigation which continually has its eyes fixed on this third element, to which the law gives a legitimate capriciousness, will it not lose sight of the truth? Is it not the first duty of the seeker after truth to aim directly at the truth, without looking to the right or left? Will I not forget the essence of the matter, if I am obliged not to forget to state it in the prescribed form?

Truth is as little modest as light, and towards whom should it be so? Towards itself? Verum index sui et falsi. Therefore, towards falsehood?.

If modesty is the characteristic feature of the investigation, then it is a sign that truth is feared rather than falsehood. It is a means of discouragement at every step forward I take. It is the imposition on the investigation of a fear of reaching a result, a means of guarding against the truth.

Further, truth is general, it does not belong to me alone, it belongs to all, it owns me, I do not own it. My property is the form, which is my spiritual individuality. Le style c’est l’homme. Yes, indeed! The law permits me to write, only I must write in a style that is not mine! I may show my spiritual countenance, but I must first set it in the prescribed folds! What man of honour will not blush at this presumption and not prefer to hide his head under the toga? Under the toga at least one has an inkling of a Jupiter’s head. The prescribed folds mean nothing but bonne mine a mauvais jeu.

You admire the delightful variety, the inexhaustible riches of nature. You do not demand that the rose should smell like the violet, but must the greatest riches of all, the spirit, exist in only one variety? I am humorous, but the law bids me write seriously. I am audacious, but the law commands that my style be modest. Grey, all grey, is the sole, the rightful colour of freedom. Every drop of dew on which the sun shines glistens with an inexhaustible play of colours, but the spiritual sun, however many the persons and whatever the objects in which it is refracted, must produce only the official colour! The most essential form of the spirit is cheerfulness, light, but you make shadow the sole manifestation of the spirit; it must be clothed only in black, yet among flowers there are no black ones. The essence of the spirit is always truth itself but what do you make its essence? Modesty. Only the mean wretch is modest, says Goethe, and you want to turn the spirit into such a mean wretch? Or if modesty is to be the modesty of genius of which Schiller speaks, then first of all turn all your citizens and above all your censors into geniuses. But then the modesty of genius does not consist in what educated speech consists in, the absence of accent and dialect, but rather in speaking with the accent of the matter and in the dialect of its essence. It consists in forgetting modesty and immodesty and getting to the heart of the matter. The universal modesty of the mind is reason, that universal liberality of thought which reacts to each thing according to the latter’s essential nature.

Further, if seriousness is not to come under Tristram Shandy’s definition according to which it is a hypocritical behaviour of the body in order to conceal defects of the soul, but signifies seriousness in substance, then the entire prescription falls to the ground. For I treat the ludicrous seriously when I treat it ludicrously, and the most serious immodesty of the mind is to be modest in the face of immodesty.

Serious and modest! What fluctuating, relative concepts! Where does seriousness cease and jocularity begin? Where does modesty cease and immodesty begin? We are dependent on the temperament of the censor. It would be as wrong to prescribe temperament for the censor as to prescribe style for the writer. If you want to be consistent in your aesthetic criticism, then forbid also a too serious and too modest investigation of the truth, for too great seriousness is the most ludicrous thing of all, and too great modesty is the bitterest irony. Read the rest of this entry »

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Eve Garrard: Antisemitism is on the rise, and “a very notable role in Western culture” …

March 10, 2015 at 3:10 am (anti-semitism, conspiracy theories, fascism, history, Judaism, Middle East, posted by JD, terror, zionism)

This is a brilliant statement of principle that you all must read:

An edited speech given by Eve Garrard, Honorary Research Fellow in the Department of Philosophy at the University of Manchester, to the Pears Institute for the study of Antisemitism’s event ‘Israel and Antisemitism in Britain: Now and in the Future’; first published in Fathom:

The murders in France of four innocent Jewish shoppers, connected arbitrarily but not accidentally with the killings of the Charlie Hebdo cartoonists, make the claim that antisemitism is once again on the rise in Europe seem depressingly plausible. Here in the UK the Community Security Trust thinks there’s been an increase in antisemitism, and since they monitor such things carefully, I for one am inclined to believe them. The Guardian even devoted a whole page (on 5 January 2015) to this resurgence, so I think we can take that as strong evidence that the phenomenon is a real one.

Some of us, perhaps many of us, thought that the Second World War, and the huge and ravenous killing of the European Jews which was so distinctive a part of that tremendous blood-letting,  would have put an end to serious antisemitism in Europe; we thought that shame and horror would effectively preclude its resurrection from the grave of the death-camps.  Well, if we did think that, we were wrong, and more fool us. We shouldn’t have expected so long-standing and deep-rooted a hostility to melt away in the post-war spring sunshine, such as it was.

People sometimes say that if we’re to understand the phenomenon of antisemitism we have to look at its root causes, and the root cause of its current increase is, supposedly, the behaviour of Israel, particularly in the Gaza war it fought last summer. Well, we can all agree that we should look at the root causes of outbreaks of racism in order to understand them better. But if we’re to find out what’s really going on we may need to spread our cause-catching net a little wider than is usual, in order to identify the various forces which are at work. What counts as the root cause may itself be a matter of dispute, and very often the identification by an observer of a cause as being the ‘root’ of the problem in hand is actually the result of prior political commitments and pre-judgements which ensure that the blame for the problem lands exactly where the observer has already decided it belongs. (Think of those people who regard immigration as the root cause of all social unrest in the UK, or who think that women’s immodest dress and behaviour is the root cause of rape. Their prior hostility to what they identify as root causes is often remarkably clear.)

People who think of antisemitism as being the result of the behaviour of Israel, or more widely the behaviour of Zionists, are concentrating on what we might call a push factor: the way Israel has fought its most recent war, or perhaps the fact that she fought it (or any other war) at all, is seen as pushing people, however reluctantly, into the otherwise unwelcome embrace of antisemitism. But the push explanation is in many ways very unsatisfactory. It’s supposed to work like this: people are horrified by what Israel has done in Gaza, where about 2,500 people were killed last summer, and that horror leads them to feel hostility towards Jews here in the UK, since they’re inevitably associated with Israel, the world’s only Jewish state. On this story the arrow of causation, so to speak, runs from Israel’s horrifying crimes to a resulting antisemitism.  Perhaps those who are horrified may not feel actual hatred towards Jews, but the hostility aroused in them by Israel’s activities leads them to repeat some very familiar antisemitic tropes. These include the blood libel – that is, the charge that Jews, in this case Israeli Jews, callously and deliberately aim at the blood-letting of non-Jews, especially their children; and the trope that there exists a shadowy but powerful Zionist lobby (aka the Jewish lobby) which exerts a malign and well-nigh total control over international and especially economic affairs. Israel’s behaviour, so it is claimed, has pushed people into embracing these and other prejudicial and discriminatory responses. Or it has led them to say, as Ken Loach did, that they’re not antisemitic themselves, but they can understand why some people are – Israel’s behaviour feeds feelings of antisemitism. Read the rest of this entry »

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Morning Star’s ‘anti-fascist’ label for rebels in East Ukraine crass and niave

March 3, 2015 at 6:43 pm (anti-fascism, democracy, fascism, history, imperialism, posted by JD, reactionay "anti-imperialism", stalinism)

Ever since the Maidan uprising against Putin’s stooge Yanukovych just over a year ago, the Morning Star (indirectly controlled by the British CP and funded by many UK trade unions) has persisted in referring to the Kiev government and its forces as “fascist” and the pro-Putin rebels as “anti-fascists.” The M Star‘s circulation is small, but it carries some weight within the trade union movement and sections of the left. This makes its grotesque misrepresentation of what’s going on in Ukraine, and its uncritical repetition of Putin’s propaganda, so politically poisonous. No article or letter published in the paper has challenged their version of events, until this letter, published today. Shiraz Socialist has no idea who the author is; we’re republishing here because we broadly (but not in every detail) agree with it and because letters published in the M Star‘s print edition do not appear on its website:

IMAGE CREDIT: PREDICTHISTUNPREDICTPAST.BLOGSPOT.COM

Naïve ‘anti-fascist’ label for rebel Russians breathtaking in its error

YOUR description of the eastern Ukrainian rebel soldiers as “anti-fascist fighters” is breathtaking in its crassness and naivety.

They’re no more fighting fascism than Mussolini was.

As ethnic Russians whose ancestors were moved in during the Soviet era (and possibly before), they have simply spotted an opportunity to have the area they live in returned to Moscow’s control.

In this we have seen the encouraging hand of Vladimir Putin, just as in Crimea and Georgia.

Please don’t insult our intelligence by describing Putin as some sort of defender of the left — he is a dictator who maintains his position by imprisonment and assassination of political opponents and by strict control of the media to ensure re-election.

At least in the (later) Soviet era there was some sort of brake by the Communist Party on excesses by the leadership.

Hitler, Franco, Mussolini, Pinochet and their like were fascists.

You are simply losing all credibility by desperately trying to tar the Ukraine government with the label. Shame on you.

I am considering ceasing to buy the Morning Star, despite your support (with which I agree) for the Jack Jones Square campaign in Madrid.

PETER CARR, Sawbridgeworth

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“There’s no real difference between Labour and the Tories…”

March 2, 2015 at 8:39 pm (class, comedy, film, history, labour party, posted by JD, reformism, Socialist Party)

David Osland writes:

There’s no real difference between Labour and the Tories. Apart from 25 hours free child care, £8 minimum wage, abolishing the bedroom tax and the NHS Act, a freeze on energy bills, a million new homes, a job guarantee for NEETs, £3000 reduction in tuition fees, the introduction of a national care service, reduced GP appointment and cancer test waiting times, thousands of extra nurses and doctors, mansion tax, a ban on MPs taking second jobs, an end to the Free School programme, bankers’ bonus tax and 50p top rate for the rich. But other than that, there’s no real difference between Labour and the Tories.

JD adds: Socialist Party members and (the few) others involved in the rather pathetic ‘T.U.S.C”, should take note.

And as someone in the pub after last Saturday’s Unite The Union United Left meeting (at which the SP/T.U.S.C received a well-deserved hammering), noted, listening to the SP on the subject of the Labour Party, you can’t help thinking of this:

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Auschwitz: 70 years on, 70 stories

January 27, 2015 at 6:30 pm (anti-semitism, Europe, fascism, genocide, hell, history, posted by JD, Racism, USSR, war)

70 years on from the Red Army’s liberation of Auschwitz, where at least a million died, Steven Spielberg’s film, which includes testimonies from survivors is essential viewing; put aside 15 minutes to watch:

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Kid Ory: Maryland, My Maryland

December 26, 2014 at 6:24 pm (Christmas, history, jazz, Jim D, New Orleans)

A child was born in La Place, Louisiana on 25 December 1886: Edward “Kid” Ory, the Grand Daddy of all jazz trombonists.

Here he is in 1945 with his Creole Jazz Band, playing ‘Maryland, My Maryland’ (aka Christmas Tree, O Tannenbaum, The Red Flag, etc):
Mutt Carey (trumpet); Darnell Howard (clarinet); Buster Wilson (piano); Bud Scott (guitar); Ed Garland (bass); Minor Hall (drums).

H/t: Hal Smith

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Norman Field on the correct key for Armstrong’s Cornet Chop Suey

December 13, 2014 at 5:30 pm (good people, history, intellectuals, jazz, New Orleans, posted by JD)

I met up with my old friend Norman Field yesterday, and – as is invariably the case with this extraordinary autodidact – had a wonderful time. The conversation ranged from nineteenth century European history, to contemporary jazz-scene gossip and Birmingham local history. Along the way we touched upon Thatcher and the Falklands war, the arranging skills of Fud Livingston and the reason(s) why Paul Whiteman and his Orchestra left Victor records and joined Columbia 1928.

Norman is (was?) a fantastic clarinet and sax player but has now – for reasons best known to himself and which I would not presume to cross-examine him over – more or less given up playing in public. Suffice to say that people who know about hot jazz (Keith Nichols, Scott Robinson, Richard Pite, to name but three) regard him as a master and oracle. Scott Robinson, having heard Norman play at the Whitley Bay classic jazz festival a few years ago, described him as a “f****n’ genius.”

I should add that Norman made me a clear plastic 78 rpm record (of Jimmy McPartland with the Original Wolverines) in the course of our meeting!

Norman’s commitment to serious jazz research is demonstrated by this article, from his website. It’s reproduced here with his permission:

**********************************************************************************************************

Louis Armstrong’s ‘Cornet Chop Suey’ (1926): What key is it in?

Above: Armstrong’s Hot Five

By Norman Field

This article could not have been written without the generous help of Michael Kieffer, to whom many thanks. Other acknowledgements will be found at the foot of the text.

Over the years, I had occasionally heard that some doubt existed as to the correct key for Louis Armstrong’s tune of this name. The doubt specifically concerned the original version of it, which he had recorded with the Hot Five for OKeh early in 1926. This problem had apparently been around for some years. It had been discussed in the correspondence columns of Jazz magazines; possibly articles had been written about it, and it had certainly been talked about quite a bit. I understood that well known trumpet players had gone into the problem, and that, surprisingly, there was still no general agreement.

A few years ago, I became interested in selecting the correct pitch for early Jazz and dance band records, and found that by applying a few simple tests, it was – usually – possible to be fairly sure of the correct speed at which to play a 78 rpm record, so that it would come out at the correct pitch.

However, these tests were only valid for Jazz and dance records made in the U.S.A. and Britain in the 1920s through to about the mid-1930s; and even then, only when the band included a piano. It primarily rested with the piano, of course, and the assumption that this would be tuned to a standard pitch. I asked the late John R.T. Davies, the doyen of 78 rpm record restorers, whether this assumption was acceptable. He agreed strongly, pointing out that the major record companies (Victor, HMV, Columbia, Brunswick, Vocalion, Odeon, OKeh &c.) were large concerns, recording the most prominent international artistes, and the use of first-class pianos was to be expected, and therefore, for pitching purposes, that assumption was valid, tenable; indeed, unavoidable.

Of course, there are instances of ‘below-par’ pianos to be found on some Jazz and dance records of this period. However, these are probably pianos that are simply rather out of tune (with themselves), and sound ‘ploingy’ as a result. This is quite a different thing from the piano being tuned to the wrong pitch altogether. (See appendix 1.) 

So in general our assumption that the pianos are tuned to standard pitch is valid as a starting point. In any case, if for example, a piano had been allowed to become very flat in pitch, it would be difficult for wind instruments – the clarinet in particular – to ‘get down’ to the pitch of the piano without becoming out of tune with itself. And if a piano had somehow been tuned very sharp, a clarinet would simply not be able to get up to that pitch at all. Overall, the statement: ‘Pianos in recording locations, whether permanent or temporary, were, in general, tuned to standard pitch’ is a reasonable one, and likely to be true far more often than not.

And what actually is this standard pitch? As far as the U.S.A. goes, the note A (the one above middle C on the piano) should be 440 Hz, usually written as A=440. And the standard pitch used in Britain for orchestral and dance music at that time (circa 1900 – 1945) was A=439, a fairly trivial difference, so that the same tests can be used pretty safely for both countries. (See appendix 2.) 

As for other countries, and other styles of music, and indeed those artists and ensembles in the U.S.A. and Britain not using a piano, the application of ‘The General Rule Of The Piano’ must – in the first instance – be assumed to be inapplicable and, consequently, conclusions from it non-viable. I am not qualified to comment further on these musics; but certainly commend those who may be interested in them to pursue their own researches on these fascinating topics. Perhaps they will be able to derive some simple tests to help ensure correct pitching of old 78 recordings of e.g. a Javanese gamelin orchestra, or a Cantonese instrumental ensemble? After all, the correct pitching of any and every ‘78 rpm’ record is an essential part of properly preserving, for posterity, the information contained on it.

About three years ago, I heard of the existence of a CD set of early Louis Armstrong classics that included the 1926 Hot Five ‘Cornet Chop Suey’ twice. Once in the key of E flat; and also in the key of F. This was because, in the opinion of the compilers of the set, there was still no general consensus on which key it was in. To include it, therefore, in both keys was certainly very commendable. But I was puzzled that a record could be attributed to two keys so much as a tone apart. Not merely a semitone, but a whole tone: really a very large interval! In theory at least, it should have been fairly easy to decide which was the true one. The trumpet players who disagreed on the key of the piece may have (I don’t know…) played the tune over on their trumpets (or cornets) in both keys. And then used, as a basis for their conclusion, the fingering of their horns indicating one key rather than the other because one key ‘fell more naturally under the fingers’ than the other. At least, I assume that this is what they did. If my assumption is correct, then I have to say that that approach might at times be deceptive. As a clarinet player, time and time again, I have tried to find out exactly what Johnny Dodds or Don Murray played on their clarinets back in the 1920s, and the more I learn, the more I distrust what seems logical on the surface. Also, as the decades pass, it becomes ever more difficult to even attempt to analyse the ‘mindset’ of a 1920s virtuoso player. Certainly, Dodds and Murray were both virtusosi of the clarinet. They could play anything they mentally conceived… and usually did so. Perhaps intuitively, they ‘eliminated the instrument from the equation’: the music that appeared in their consciousness was the music that straightway sounded in the club or the ballroom in which they were playing. There was no intervention of any ‘problem of execution’ on their instrument. If – as I suspect – they (along with most other top musicians) did this, they were rather in advance of their time. They did not need to read treatises on the psychology of musicianship, the bulk of which have proliferated in the last 50 years. They just did it anyway.

If Dodds & Murray could do that, how much more could Louis Armstrong do it? Louis, from his first startling appearances on disc in 1923, was manifestly a very special case. On this basis, Louis’s cornet fingering patterns, I thought, might be rather unsusceptible to logical analysis. I’d found exactly the same in trying to play Dodds’s clarinet solo on ‘Potato Head Blues’ by the Hot Seven on a clarinet in C, in case he was playing one of those, instead of the normal B flat clarinet. Both fingerings, I found, were pretty equally plausible.  Read the rest of this entry »

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Why the US Founding Fathers forbade torture

December 10, 2014 at 10:50 pm (Democratic Party, history, Human rights, posted by JD, reblogged, Republican Party, terror, United States)

By Juan Cole (reblogged from Informed Comment):

I have argued on many occasions that the language of patriotism and appeal to the Founding Fathers and the constitution must not be allowed to be appropriated by the political right wing in contemporary America, since for the most part right wing principles (privileging religion, exaltation of ‘whiteness’ over universal humanity, and preference for property rights over human rights) are diametrically opposed to the Enlightenment and Deist values of most of the framers of the Unites States.

We will likely hear these false appeals to an imaginary history a great deal with the release of the Senate report on CIA torture. It seems to me self-evident that most of the members of the Constitutional Convention would have voted to release the report and also would have been completely appalled at its contents.

The Bill of Rights of the US Constitution is full of prohibitions on torture, as part of a general 18th century Enlightenment turn against the practice. The French Encyclopedia and its authors had agitated in this direction.

Two types of torture were common during the lifetimes of the Founding Fathers. In France, the judiciary typically had arrestees tortured to make them confess their crime. This way of proceeding rather tilted the scales in the direction of conviction, but against justice. Pre-trial torture was abolished in France in 1780. But torture was still used after the conviction of the accused to make him identify his accomplices.

Thomas Jefferson excitedly wrote back to John Jay from Paris in 1788:

“On the 8th, a bed of justice was held at Versailles, wherein were enregistered the six ordinances which had been passed in Council, on the 1st of May, and which I now send you. . . . By these ordinances, 1, the criminal law is reformed . . . by substitution of an oath, instead of torture on the question préalable , which is used after condemnation, to make the prisoner discover his accomplices; (the torture abolished in 1780, was on the question préparatoire, previous to judgment, in order to make the prisoner accuse himself;) by allowing counsel to the prisoner for this defence; obligating the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestionably good and within the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom, who yields to the progress of philanthropy and civilization.”

Jefferson did not approve of torture of either sort.

The torture deployed by the US government in the Bush-Cheney era resembles that used in what the French called the “question préalable.” They were being asked to reveal accomplices and any further plots possibly being planned by those accomplices. The French crown would have argued before 1788 that for reasons of public security it was desirable to make the convicted criminal reveal his associates in crime, just as Bush-Cheney argued that the al-Qaeda murderers must be tortured into giving up confederates. But Jefferson was unpersuaded by such an argument. In fact, he felt that the king had gone on making it long past the time when rational persons were persuaded by it.

Bush-Cheney, in fact, look much more like pre-Enlightentment absolute monarchs in their theory of government. Louis XIV may not have said “I am the state,” but his prerogatives were vast, including arbitrary imprisonment and torture. Bush-Cheney, our very own sun kings, connived at creating a class of human beings to whom they could do as they pleased.

When the 5th amendment says of the accused person “nor shall be compelled in any criminal case to be a witness against himself” the word “compelled” is referring to the previous practice of judicial torture of the accused. Accused persons who “take the fifth” are thus exercising a right not to be tortured by the government into confessing to something they may or may not have done.

Likewise, the 8th Amendment, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” is intended to forbid post-sentencing torture.

The 8th Amendment was pushed for by Patrick Henry and George Mason precisely because they were afraid that the English move away from torture might be reversed by a Federal government that ruled in the manner of continental governments.

Patrick Henry wrote,

“What has distinguished our ancestors?–That they would not admit of tortures, or cruel and barbarous punishment. But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany.”

It was objected in the debate over the Bill of Rights that it could be ignored. George Mason thought that was a stupid reason not to enact it:

“Mr. Nicholas: . . . But the gentleman says that, by this Constitution, they have power to make laws to define crimes and prescribe punishments; and that, consequently, we are not free from torture. . . . If we had no security against torture but our declaration of rights, we might be tortured to-morrow; for it has been repeatedly infringed and disregarded.

Mr. George Mason replied that the worthy gentleman was mistaken in his assertion that the bill of rights did not prohibit torture; for that one clause expressly provided that no man can give evidence against himself; and that the worthy gentleman must know that, in those countries where torture is used, evidence was extorted from the criminal himself. Another clause of the bill of rights provided that no cruel and unusual punishments shall be inflicted; therefore, torture was included in the prohibition.”

It was the insistence of Founding Fathers such as George Mason and Patrick Henry that resulted in the Bill of Rights being passed to constrain the otherwise absolute power of the Federal government. And one of their primary concerns was to abolish torture.

The 5th and the 8th amendments thus together forbid torture on the “question préparatoire” pre-trial confession under duress) and the question préalable (post-conviction torture).

That the Founding Fathers were against torture is not in question.

Fascists (that is what they are) who support torture will cavil. Is waterboarding torture? Is threatening to sodomize a man with a broomstick torture? Is menacing a prisoner with a pistol torture?

Patrick Henry’s discourse makes all this clear. He was concerned about the government doing anything to detract from the dignity of the English commoner, who had defied the Norman yoke and gained the right not to be coerced through pain into relinquishing liberties.

Fascists will argue that the Constitution does not apply to captured foreign prisoners of war, or that the prisoners were not even P.O.W.s, having been captured out of uniform.

But focusing on the category of the prisoner is contrary to the spirit of the founding fathers. Their question was, ‘what are the prerogatives of the state?’ And their answer was that the state does not have the prerogative to torture. It may not torture anyone, even a convicted murderer.

The framers of the Geneva Convention (to which the US is signatory) were, moreover, determined that all prisoners fall under some provision of international law. René Värk argues:

“the commentary to Article 45 (3) asserts that ‘a person of enemy nationality who is not entitled to prisoner-of-war status is, in principle, a civilian protected by the Fourth Convention, so that there are no gaps in protection’.*32 But, at the same time, it also observes that things are not always so straightforward in armed conflicts; for example, adversaries can have the same nationality, which renders the application of the Fourth Convention impossible, and there can arise numerous difficulties regarding the application of that convention. Thus, as the Fourth Convention is a safety net to persons who do not qualify for protection under the other three Geneva Conventions, Article 45 (3) serves yet again as a safety net for those who do not benefit from more favourable treatment in accordance with the Fourth Convention.”

Those who wish to create a category of persons who may be treated by the government with impunity are behaving as fascists like Franco did in the 1930s, who also typically created classes of persons to whom legal guarantees did not apply.

But if our discussion focuses on the Founding Fathers, it isn’t even necessary to look so closely at the Geneva Conventions.

Thomas Jefferson wrote in the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The phrase “all men” means all persons of any nationality.

We know what the Founding Fathers believed. They believed in universal rights. And they believed in basic principles of human dignity. Above all, they did not think the government had the prerogative of behaving as it pleased. It doesn’t have the prerogative to torture.

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No benefits for them?

November 29, 2014 at 4:16 pm (anti-fascism, Europe, good people, history, Human rights, immigration, Poland, posted by JD, Racism, war)

Tomas Prouza posted the picture (above) on Friday, having been upset by Cameron’s suggestion that EU immigrants should only be allowed to claim welfare after they had been in the UK for four years.

Tomas responded by posting the photo of these Eastern Europeans (not only Czechs, but Poles as well) who helped defeat fascism, with the words: “These Czechs ‘worked’ in the UK for less than four years. No benefits for them?”

This followed an earlier Tweet by Prouza in which he said: “Cameron’s speech on migration: taxing people according to their nationality? What other criteria will come next?”

Prouza’s sentiments were echoed in Warsaw, with the Polish Prime Minister Ewa Kopacz releasing a statement that read: “Poland will not agree to changes undermining the principles of the EU’s single market, specifically the free movement of people.”

The Tory leader’s speech marks an attempt to regain the agenda after embarrassing official figures showed net migration to Britain is higher than it was when the coalition came to power, leading experts to conclude that his promise to cut migrant numbers was “dead and buried”.

Unemployed Europeans heading to Britain to find work will have six months to find a job or they will be kicked out, he said in a keynote speech on immigration.

Cameron’s proposals may be hard to enact as the European Parliament’s President Martin Schulz has warned that they would need the approval of all the rest of the European Union’s member states.

“Let’s be clear,” he told the Huffington Post UK. “If they [Cameron’s proposals] are not in the interests of all 28 member states, we will not get it [any re-negotiation].”

Schulz said that the UK was not part of the Schengen Group [26 European member states without border control] or in the euro, and the rest of the member states would only look at any new proposals for change once they were concrete.

“He says ‘our relationship with the European Union’, well, this is a relationship with yourself. The UK is a member of the EU. I don’t negotiate about my relationship with myself, it’s a little bit strange.”

Cameron signalled that those with jobs will only receive in-work benefits, such as tax credits, and social housing once they have been in the UK for four years.

No child benefits or tax credits for children living elsewhere in Europe will be paid out, regardless of how long an EU migrant has paid into UK coffers under the plans.

He insisted the package of measures he is unveiling will mean Britain has the toughest welfare system for EU migrants anywhere in Europe.

He said: “People have understandably become frustrated. It boils down to one word: control. People want Government to have control over the numbers of people coming here and the circumstances in which they come, both from around the world and from within the European Union. And yet in recent years, it has become clear that successive Governments have lacked control. People want grip.

“I get that.They don’t want limitless immigration and they don’t want no immigration. They want controlled immigration. And they are right. Britain supports the principle of freedom of movement of workers. Accepting the principle of free movement of workers is a key to being part of the single market.

“So we do not want to destroy that principle or turn it on its head. But freedom of movement has never been an unqualified right, and we now need to allow it to operate on a more sustainable basis in the light of the experience of recent years. My objective is simple: to make our immigration system fairer and reduce the current exceptionally high level of migration from within the EU into the UK.

“We intend to cut migration from within Europe by dealing with abuse; restricting the ability of migrants to stay here without a job; and reducing the incentives for lower paid, lower skilled workers to come here in the first place. We want to create the toughest system in the EU for dealing with abuse of free movement.

“We want EU jobseekers to have a job offer before they come here and to stop UK taxpayers having to support them if they don’t … EU jobseekers who don’t pay in will no longer get anything out. And those who do come will no longer be able to stay if they can’t find work.

“The British people need to know that changes to welfare to cut EU migration will be an absolute requirement in the renegotiation. I say to our European partners, we have real concerns. Our concerns are not outlandish or unreasonable. We deserve to be heard, and we must be heard.

“Here is an issue which matters to the British people, and to our future in the European Union. The British people will not understand – frankly I will not understand – if a sensible way through cannot be found, which will help settle this country’s place in the EU once and for all.

“And to the British people I say this. If you elect me as Prime Minister in May, I will negotiate to reform the European Union, and Britain’s relationship with it. This issue of free movement will be a key part of that negotiation.

“If I succeed, I will, as I have said, campaign to keep this country in a reformed EU. If our concerns fall on deaf ears and we cannot put our relationship with the EU on a better footing, then of course I rule nothing out. But I am confident that, with goodwill and understanding, we can and will succeed.”

Tomas Prouza responded with the photo at the top of this post, and the words: “These Czechs ‘worked’ in the ‪#‎UK‬ for less than four years. No benefits for them?”

H/t: Ian Woodland

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Roads Were Not Built For Cars

November 25, 2014 at 8:49 pm (Cycling, history, Rosie B)

Carlton Reid’s Roads Were Not Built for Cars is a revisionist history, reclaiming the role of bicycles in the development of roads and the cars that dominate them. When a class, a race, a gender reclaims its history it is usually in the cause of self-assertion. After reading this I was indignant when a privileged usurper tooted me for walking across the entrance of a cul-de-sac which they were turning into. Listen, these are my f***** streets too, you know.

Roadswerenot

The later Victorian age. The railway lines had cut through the country on their purpose-built tracks and profoundly changed ideas of mobility. The roads, once well maintained for mail coaches, had fallen into disuse. But in the 1870s and 1880s people started pedalling themselves at speed and with the commercialisation of the Safety bicycle in 1885  bicycling became popular with the elite, affordable for the middle-classes and then finally through second-hand sales and mass production, taken up by the clerks and the factory workers. It powered invention. In 1896 more than half of the 28,000 patents were for improvements in bicycles.

Psychobike

The Psycho Ladies’ Bicycle -1889. Step through for the skirt problem

Cyclists were heading from the paved streets to the countryside, on roads which unlike the railways were not then seen as conduits for fast-moving traffic. Roads were originally made for a human or horse pace and for short journeys. But a new desire had been formed – for self-propelled travel over a distance on a smooth surface.

Passage on the king’s highway is an ancient right in England.  A landmark court case in 1879 established bicycles as “carriages” under law and so with the rights to use the roads in the same way as broughams and hackneys. The Cyclists’ Touring Club had one of their members (an MP) add a clause to the Local Government Act of 1888 which effectively prevented county councils from creating by-laws to prohibit cycling on the roads.

Along with lobbying for legislation cyclists campaigned for better surfaces via bodies like the Roads Improvement Association. Some roadworks the members funded themselves. They produced equipment including a ring to measure the size of stones for surfacing, kept an eye on maintenance and made themselves guardians of the highways as modern cycling advocates act as wardens for cycle paths.   Eventually this work was taken over by the Road Board “the first central authority for British roads since Roman times”.

Where the cyclists went the motorists then followed and their lobby groups were often the cycling groups with “Automobile” added to the name. One of Cartlon Reid’s main themes is that this was not a case of the poor man’s transport (the bicycle) overtaken by the rich man’s vehicle (the automobile). Bicycles were at first expensive – the high-wheelers (“penny farthings”) were ridden by moneyed athletes. Aristocrats like the Marquess of Queensberry, Oscar Wilde’s enemy, were keen cyclists as was Daisy, Countess of Warwick, one of Edward VII’s mistresses. Arthur Balfour was president of the National Cyclists’ Union and Herbert Gladstone, son of W E Gladstone and one time Home Secretary vigorously pedalled, and pushed for street paving and road maintenance. In the USA the League of American Wheelmen was founded in Newport, the millionaires’ holiday village,

The League of American Wheelmen also campaigned for better roads via the Good Roads Movement, again with a combination of politics and practical demonstration. Their campaign included rolling “road shows”. “The Good Roads train.. would disgorge road builders, a traction engine, a road roller, a sprinkler and broken stone, from which an “object lesson” road would be constructed at prearranged stopping points.” Railway interests opposed them, and farmers, who were responsible for half-heartedly maintaining the rural roads, did not want to be taxed for the benefit of city-slicker cyclists, however much their own wagons jolted on the ruts and ridges. ”Eventually the farmers were won over and the politicians found there was mileage in a publicly paid for road system.” In 1916 the Federal Aid Road Act was signed by Woodrow Wilson, himself a cyclist who had been much impressed by the roads in Britain and France on cycle journeys in his youth.

By then many of the cyclists had become motorists as well. They were the rich who loved speed and self-propelled travel and the very latest gadgetry, promoted by the cycling industry’s flair for advertising. They used the maps that Messrs Bartholomew had crowd-sourced from members of the Cyclists’ Touring Club. The technology behind these early motors – the pneumatic tyres, the ball bearings, the spoked wheels, the precision engineering skills – had been created by the cycling industry.

Clementcyclesbt-1

French cycling poster, 1897

“Carl-Benz’s Patent Motorwagon, the first true automobile, was a motorised two-seater tricycle… The key components for Henry Ford’s Quadricycle – including the wire spoke wheels, bush roller chains and pneumatic tyres – were from bicycles.”

The Nazis erased the cycling origins of Benz’s Motorwagen from history and monument and at the launch of the 15 millionth Model T in 1927 the Ford company claimed that the “Ford car… started the movement for good roads.” The now plebeian bicycle became something of an embarrassing ancestor to the more powerful and more progressive seeming vehicle.

So the well-connected cyclists who had lobbied for good roads became well-connected motorists who wanted unthwarted access to these roads. And they took them over, though they numbered only in thousands, while the cyclists were in the millions because the masses had begun to ride bicycles.

The rights to the passage on the King’s highway was a liberal right which then in the spirit of Ayn Rand was taken over by the strongest and most ruthless. Even a speed limit law was seen as “unEnglish” and as the motorists were of the upper echelons, they resented being treated as criminals for breaking it. (The motoring public is still resentful that they are subject to law – witness fury at speed cameras. One of the cycling groups’ aims is to lower speeds in urban centres to 20mph.)

Carlton Reid compares this to the enclosures “when land in common use by the many was fenced in and appropriated by the few.”

And like the landowner the motorist feels himself entitled to the roads. Hold up his passage he won’t feel merely inconvenienced, but righteously outraged, spluttering like Hilaire Belloc’s JP:-

I have a right because I have, because,

Because I have, because I have a right.
….
Moreover, I have got the upper hand,
And mean to keep it. Do you understand?

Familiar political themes run through this book. One is of how laissez faire can become devil take (or run over) the hindmost. Another is the Revolution Devouring Its Own Children. A group or class will agitate to bring about a change that will ultimately destroy them, like Iranian leftists demonstrating for the removal of the Shah only to end up being killed by Khomeini’s Islamic Republic. The cyclists lobbied for good roads and got them, and were then pushed off them by the sheer force of a ton of metal, going at five times their speed.

However though Roads Were Not Built… is a polemic shot through with a sense of injustice for the written out and colonised – the literally marginalised literally pushed in the gutter when they had literally paved the way for the motorist – it could be enjoyed by Jeremy Clarkson. It buzzes and hums with innovation and invention. It’s crowded with energetic promoters and lobbyists, engineers and entrepreneurs and tinkerers, sportsmen and pioneers. Cycling did come as a miracle, bestowing a sense of speed and independence. “The cyclist is a man half made of flesh and half of steel that only our century of science and iron could have spawned.” wrote Charles-Louis Baudry de Saunier in The Art of Cycling (1894).

In our own equally exciting and innovative age of computing we are half flesh, half digital stream. Thus Carlton Reid’s Roads Were Not Built… was kickstarted by crowdfunding. He put his researches on his entertaining blog. You can get the book as a big dead-tree soft-back with lots of colour plates (histories of cycling always have cool pics) or as an “iPad version with 10 videos, two audio clips, a 3D spinnable object, and 580+ illustrations, many of which zoom to full-screen.“

Charlesrolls

Charles Rolls of Rolls-Royce

The book ends with potted biographies of many of the motor grandees with a cycling background and their firms, my favourite being that of Lionel Martin. Eton rich. Held long-distance records on tandem and tricycle. He and his friend Robert Bamford were both members of the Bath Road Club and were souping up ordinary cars.

Their advertisement in the Bath Road News:- “If you must sell your birthright for a mess of petrol, why not purchase your car – from Bamford & Martiin Ltd, the most humorous firm in the motor trade.” These cars became Aston Martins.

“Martin was a tricyclist to his dying day. He was killed in October 1945 after being knocked from his tricycle by a motor car on a suburban road in Kingston-upon-Thames.”

 

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