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It’s those Platonic Guardians again…

By skepticlawyer

The Leveson Inquiry, as readers of this blog well know, has exposed Britain’s tabloid media in ways that shouldn’t just make journalists or newspaper proprietors ashamed. The exposure has also shamed, by extension, the British public, as well as emphasizing the gulf between those who don’t read tabloid newspapers and those who do. Just as the tabloid press is vile and disgusting, the spectacle of Britain’s social betters looking down their (our?) long snouts at the tastes of some among their (our?) fellow citizens is vile and disgusting…

Or is it? Are some tastes so debased they ought to be regulated, and if so, by whom?

I was put in mind of this most awful of conundrums when reading two pieces of writing, one good, one bad. The first is by philosopher Onora O’Neil, a prominent Rawlsian-cum-Stoic. Her piece is so good that no summary of mine can do it justice, and (just for once), although in the Financial Times, it hasn’t been locked behind a paywall. Read and enjoy, agree or disagree (I haven’t made up my mind yet); it repays careful attention. I will quote some of her piece to give you a flavour:

[Mill] then points out that much individual speech is merely self-regarding (today we would say self-affecting). Since it does not affect others, it does not harm them, so issues of self-protection will not arise. Given the harm principle, such speech should neither be prevented nor constrained. Mill concluded that individuals should enjoy extensive rights to self-expression, which he saw as including “absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral, or theological”. He claimed that this extensive freedom was “practically inseparable” from “liberty of expressing and publishing opinions”.

Mill’s defence of individuals’ rights to self-expression is, however, an awkward basis for an account of press freedom. If individuals have rights to publish opinions that will not harm others, they will need media that enable them to do so, but the last thing they will need is media with rights of self-expression that parallel those of individuals.

The phrase “freedom of expression” is central both to Mill’s account of individual rights to self-expression and to contemporary claims about press freedom. But this may be no more than an unfortunate convergence of terminology. Powerful institutions, including media organisations, are simply not in the business of self-expression, and should not go into that business. An argument that speech should be free because it generally does not affect, a fortiori cannot harm, others can’t be stretched to cover the speech of News International or of the BBC, any more than it can be stretched to cover the speech of governments or large corporations.

This argument should be familiar to any lawyer with a basic knowledge of English constitutional law. We learnt the hard way — through the various wire-tapping cases — that the government cannot have the same rights and powers as individuals (the old rule, since abrogated, was that the government, like the citizen, could do anything that wasn’t prohibited). Government has to be constrained. If it isn’t constrained, we really are dealing with Leviathan on steroids.

O’Neill’s article applies the same principle to media corporations, and various persons in both the Tea Party and the Occupy Movement have since applied it to non-media corporate bodies, as part of a general irritation with what is being called ‘corporatism’ on various sides of politics. In this piece, I am concerned only with media bodies, be they public or private. So far, so simple.

The second article was a not very good piece about sexism in the British tabloids — which I found via Ophelia Benson’s Butterflies & Wheels — by Laurie Penny in the Guardian. Why it is bad is illustrated admirably by this quotation:

Here’s what you learn, if you’re a woman and you grow up with British tabloid newspapers in the house: if you get raped or murdered, it’s your fault; if you are old, overweight or just having a bad hair day, you are disgusting. You must work to appear as sexually attractive and submissive as possible, at which point you will be called a slag, a disgrace and a “loose-knickered lady lout”, in the words of Quentin Letts. Women who have careers are miserable and pathetic. You were born to be a wife and mother, and succeeding at these things is the only thing that will fulfil you. Having a baby is the most valuable thing you can possibly do, unless you’re poor, or unmarried, in which case you’re society’s scum. If you complain about discrimination or sexual violence, you’re a shrill, jealous harpy.

It is vital that we understand that sexism is not just one more naughty thing that the tabloids do. Sexism is the dirty oil in the engine, the juice that makes the whole shuddering sleaze-machine run smoothly. The eyes that are drawn to the topless teenager on page three skim lightly over page two, where propagandists on the Murdoch dollar peddle torrid justifications for the waging of wars and the slashing of public sector jobs and call it news.

As a general rule, it is a good idea to attempt to prove one’s assertions, and not argue by anecdote. The last paragraph is also bunkum; tabloid sexism may indeed be nasty, but a page three girl is not quite the same as hacking a dead serviceman’s telephone, or attempting to run down an elderly pedestrian in pursuit of a story, or stalking schoolchildren. That said, as I commented on the B&W thread, we do have a serious problem, and it’s not just one of taste, although a large part of the problem is debased taste (of which sexism is part), because the debased taste feeds into criminality: one can’t spread much (popular, but salacious) gossip on everything from celebrities to murder trials unless one is willing, it would appear, to engage in significant criminality. My comment on the relevant thread was as follows:

The issue is this: Britain’s tabloids are awful along every dimension; sexism is but one. They are full of lies. They are full of errors. They have and do facilitate criminal behaviour on the part of their employees. They have been engaged in bribery of the police, the theft of private information, the blagging of medical records, perverting the course of justice, generating mistrials, promoting vigilantism, suborning Parliament, the stalking of persons from all walks of life (including, in a particularly egregious incident, J. K. Rowling’s children), the defamation of persons great and ordinary. They are shamelessly and disgustingly exploitative, of everyone and everything that comes within their grasp.

Even Nick Davies, the Guardian reporter who first broke the phone-hacking story acknowledged when he appeared before the Leveson Inquiry that the tabloid press in Britain cannot be trusted to regulate itself. Which means we will get Ofcom, but for newsprint. And the people who are expected to staff and monitor regulators of this type, in Britain, are lawyers. And I must admit (because of the area of law in which I specialise) I am just the sort of person likely to be asked to do a stint on a media tribunal. Perhaps I should start printing business cards with ‘Platonic Guardian’ on them, in addition to my legal qualifications, position and firm name.

The thought of being a Platonic Guardian fills me with dread, and yet addressing Laurie Penny’s claims in the last two paragraphs quoted (among many other claims) is precisely what people will expect of the lawyers who manage the new regulator when it comes into being. They have no idea how mind-bendingly difficult this is, how hard it is to walk the line between not only censorship and freedom of the press, but also the wider problem of persons of very similar background (the thing to remember about lawyers is the fact that we are lawyers; this is far more important than our gender, our race, or our religion; law is a process of intellectual rewiring) making decisions on behalf of persons who are unlike us in almost every way.

The greatest evil perpetrated by the tabloids is the arrogation to themselves of unelected power, when they claim to speak for the people but enjoy no mandate beyond sales figures. Clearly ‘something’ has to be done – I am with Nick Davies on that. However, I am worried that the Leveson Inquiry will respond ‘here is something, let’s do that thing!’ and it will be members of my profession who are invited to arrogate to themselves vast amounts of unelected power.

One of the follow up comments to mine opined (I hope in jest):

Let us abandon the Great War Against Awfulness, because it gives lawyers a headache!

We are probably doomed always to have ‘vast amounts of unelected power’ washing through society. I’d rather it was in the hands of people who gave a damn, than in those of reptiles who specialise in generating human misery to profit from.

Perhaps the gentlemen in question has forgotten that the jokes we now tell about journalists were once directed at lawyers, as was the contempt now routinely directed at journalists. Yes, really!

And, I might add, engaging concerned and thoughtful citizens to make taste choices on behalf of others only works if there is no rent-seeking or regulatory capture or confirmation bias, as is evidenced by the continued absence of an R18+ certification for computer games in Australia (the Australian computer games classification regime tops out at MA15+). This means that Australia bans an unusually large number of them, despite having an R18+ classification for films. Gamer Geordie Guy observes:

At least the average Australian game player – an early-30s man or late-20s woman according to industry statistics – can be confident decisions such as these are made by an arm’s length body that represents the length and breadth of Australia, right?

Members of the classification board that banned Syndicate are not politicians per se, but either the Attorney General or the Minister for Home Affairs appointed each of them. They represent everyday Australians in so much as out of the 12 of them almost all are tertiary educated, white, Australian-born members of a range of other boards and community groups. Nine span from their 30s to 50s with only two members in their 20s. Teenagers or older Australians are entirely unrepresented on the board excepting the director who doesn’t disclose his age but admits to two grandchildren. Classifications (or the refusal of one, ie bans), are handed down by panels of as few as three members that the director handpicks from the board under his exclusive powers.

Perhaps in acknowledgement that a likely decision by three middle-aged, university educated community group participants might not have captured every imaginary moral dilemma facing Australian adults, there exists a classification review board. While the review board is designed to review the decisions of the classification board, I would caution against optimism that it corrects things as per the stated aim of appointees being from “a range of backgrounds”. Four of the seven-member classification review board are middle-aged women with arts degrees; of them, three combine it with law. Two have degrees in psychology. There is only one man. All of them have rather extensive community group exposure (like other boards and committees); two even served on the same board (the Young Women’s Christian Association, of which all media-consuming Australians are surely members at least in spirit).

Having quoted all these people and made the observations above, I confess that I am no closer to a solution on any of this. Clearly, there is a difference between the gamer unable to play a game banned by the OFLC and the work of Ofcom (and what will be its press successor) in ensuring that media corporations do not break the law. However, both regulatory mechanisms have (will have) their origins in the policing of taste. Both say, in effect, ‘your taste is debased, so therefore we’re going to use the law to stop you feeding it’. The argument against policing the gamer’s taste just happens to be a stronger one, because there is no whiff of criminality involved.

Will we be reduced to a ‘taste in media’ version of the famous quip on pornography?:

I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"]; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that. [Emphasis added.]
— Justice Potter Stewart, concurring opinion in Jacobellis v Ohio, 378 U.S. 184 (1964), regarding possible obscenity in The Lovers.

It’s one of those situations where I am truly at a loss.

Fenton the Dog (oh, and Happy New Year…)

By skepticlawyer

Most people are not capable of staying posh whilst simultaneously shouting and swearing at their naughty dog. Fenton’s owner, however, managed the task with aplomb. His adventures in Richmond Deer Park have since gone viral.

The original video:

The poor beleaguered deer:

This is Fenton!

Fenton is, of course, now turning into the British version of the bunker scene in ‘Der Untergang’.

Liability for animals, anyone, in both Roman and common law? Remember, to the Romans, what matters is whether the animal is genuinely ‘wild’ (when escaping your property), while to the common lawyers, it’s only the damage that counts, and proximity to a highway…

And Private Eye‘s final word:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Perhaps, at this point, it would be worth mentioning that Fenton is a black labrador…

Vaccination Saves Lives

By skepticlawyer

It does, you know. Really.

That we have to be reminded of this now — in (almost) 2012 — is a sad testament to the failure of not only science education but something rather more old fashioned: the public health campaign. Remember those? Newsreels of children lining up for their needles, posters enjoining people to sneeze into a handkerchief, advertisements telling people to always, always use a condom? Remember this?

That advertisement, by the way, is generally considered part of the most successful public health campaign ever, anywhere.

Maybe we need a similar campaign, equally devastating, in favour of vaccination: for in one of those strange cultural perversities where everything old is new again, there has been a determined campaign against vaccination, with a specific focus on the MMR (measles, mumps rubella) vaccine, but also taking in others. This campaign is of recent vintage, in that it has its origins in the anti-establishment beliefs engendered in the 1960s. It used to be found primarily on the left where — as G. K. Chesterton once famously observed — if people stopped believing in God, they then started believing in anything. Now, however, as the right — especially in the United States — has been colonised by religious conservatives who reject evolution and science education — it too has come to be infected with the virus of fashionable anti-science, especially in the form of opposition to vaccines. This, of course, is often allied to a Chestertonesque collection of pseudo-medical weirdnesses — homeopathy, bio-energetics, reiki, chakras, what-have-you. Homeopathy is particularly daft: I’ve always found this response telling. Do click, you’ll get a chuckle. A non-sweary version is available here.

Doing skeptical work

So, along with many other people, I am wearing my skeptical hat, and battling the anti-vaxxers. Others, of course, are better at doing the scientific spadework, rebutting the claims of anti-vaxxers and their acolytes. Bad Astronomy’s Phil Plait has the story:

Yesterday, in Australia, one of the most vocal antivaxxers alive, Meryl Dorey of the grossly misnamed Australian Vaccination Network (AVN), spoke at the Woodford Folk Festival about her beliefs. However, she didn’t get quite the chance she had hoped for. Once the news got out that she was invited to the festival, the group Stop AVN went into action. A protest cry went up, and the venue was changed from her speaking solo, to her participating in a panel with a series of experts — actual, real experts — on vaccines. As I write this, I have a window open on Twitter, and I’m watching the tweets using the hashtag #StopAVN flow by. It’s a thing of beauty. Dorey’s arguments are being destroyed, 140 characters at a time.

The bottom line, repeated over and over again: Vaccinations save lives. That statement of fact is so simple, so powerful, that Stop AVN put it on a banner and had it flown behind a plane at the festival.

This campaign took no little amount of organising and financial commitment; I was on the fringes of involvement (in as much as one can be from the UK), but those who did the real work are to be commended wholeheartedly. For readers interested, Kylie Sturgess (of ‘Token Skeptic‘ fame) has an excellent radio interview with the four organisers, while Chrys Stevenson’s piece on the issue at Graham Young’s Online Opinion is also excellent (and represents a nice little news scoop for his site, which is good to see). Chrys comments:

Some readers, sensitive to the subtle nuances of revelatory prose, may detect a hint of biting sarcasm in my tone. You’re right. My contempt for a woman who makes her living scaring parents out of vaccinating their children is hard to contain.

Let’s get some perspective here. Sure, Woodford is a festival that celebrates alternative ideas. You want to use a magic crystal instead of regular deodorant? Knock yourself out! But Dorey’s alternative views are not benign. They endanger the lives of our most vulnerable citizens; infants, children, the elderly and people with medical conditions which compromise their immunity to disease. What’s more Ms Dorey’s dangerous doctrine is demonstrably false.

Increasingly, we live in a culture of fear and distrust. Don’t trust the government; don’t trust ‘Big Pharma’; don’t trust ‘so-called’ experts; don’t trust the media – they’re all out to get you. Ms Dorey exploits those fears to drive home the message emblazoned on the t-shirts she sells from her on-line store: Love them, protect them, never inject them.

What Chrys and Kylie haven’t covered in their respective pieces (although they have written about it elsewhere) is Meryl Dorey’s attempt to inveigle her anti-vaccination message into Australia’s indigenous community, addressed by our house cartoonist here. Aborigines are — as readers of this blog well know — notoriously immunocompromised. Advising Aboriginal parents not to vaccinate their children is a little bit like the deliberate manufacture and sale of shonky children’s play equipment. The appropriate legal phrase is ‘criminal negligence’.

Some legal and philosophical context

Since other people have done the science, and done it spectacularly well, I think it’s best if I confine my comments to that which I know best: law, classics and the origin of (bad) ideas. I think I can explain why anti-vaccination and various other campaigns extolling ignorance have become popular, and why the ‘people are proud of being stupid’ meme has crossed the ideological divide. First, however, some background.

I am old enough, just, to have both a cultural and familial memory of the world before vaccines. My father had polio as a boy, and I grew up knowing his withered leg and lumbering gait and constant foot pain came thanks to something with which I would never have to contend, because I had been vaccinated. I could run as a child in a way that my father would never be able to run, had never been able to run. When the ABC aired a television miniseries based on Alan Marshall’s great novel of childhood, I Can Jump Puddles, I spent much of it in tears. I had confidence in what medicine could achieve because of my father’s living example. Other people do not have that cultural or familial memory: I am constantly amazed at the extent to which we have forgotten what life was like before modern medicine. I addressed that problem in an earlier piece I wrote on anti-vaxxers:

The AVN (and analogous groups) have long argued that vaccines are not responsible for a reduction in communicable disease, rather, that this is a product of increased sanitation and good food. This is wrong in a really twisted way, because it’s a half-truth, and half-truths can be harder to fight than outright, bare faced lies. See, improved sanitation and better food does increase life expectancy, and does help to prevent certain infections. It does not, however, do anything to stop viruses of the type implicated in most of the ‘childhood diseases’. How do I know this?

There are historical examples of societies that practiced good hygiene and sanitation but didn’t have vaccines, and — if we’re lucky — we can find out a great deal about what good hygiene and food can do… and what they can’t. Now having a volcano shit itself all over them was rather unfortunate for the 20,000+ people living in Pompeii and Herculaneum, but it showed us a few useful things nearly 2000 years later, and archaeologists have been able to study them and ‘report back’.

The people of Pompeii were taller on average than people currently living in the same region of Italy. That suggests they ate a varied diet with plenty of protein. Once people got past the age of 5, they tended to get to between 60-70 years of age. Not a developed-world life expectancy by any means, but a pretty decent one, and much better, once again, than anywhere on the planet until the early 20th century. They had all their teeth — even old people — which suggests both knowledge of oral hygiene and a diet without sugar. Allied to our knowledge of Pompeii is the fact that we have no records of puerperal fever from the high point of classical antiquity. It only turns up later, when people stopped washing daily. The ‘natural’ maternal mortality rate is approximately 1 in 100. Evidence suggests the Romans dragged that down to 1 in 200. So far so good. Public baths, public loos, quicklime to sanitize the baths, all good.

The Roman under-five mortality rate? 1 in 4. The Medieval under five mortality rate? 1 in 3. The Romans win by a nose, but not by much. One in four children died before the age of five. Infant mortality was so pervasive, Plutarch informs us, that the Romans forbade full funeral rights for children who died under the age of two. The dead bodies were thrown out with the household trash (something Colleen Mccullough got right in her various Rome books). Hey, at least the Romans had municipal rubbish collection… that doesn’t appear again in our records until Muslim Spain at its height.

One in four. Hold that thought.

I can now add some detail for you: the Roman jurist and Praetorian Prefect Ulpian prepared the first life tables known to statistics, comparing cities before and after the Romans sewered them, using his government’s excellent census data. His figures correlate with those provided by Professor Mary Beard in her BBC documentary on Pompeii linked above: good public health and hygiene drags up adult life expectancy, lowers maternal mortality rates and allows people to recover from infections. It does nothing for the childhood diseases. As Professor Andreas Suhrbier, the immunologist who was Dorey’s opponent in debate at Woodford pointed out, vaccines are doing different work: they don’t stop you getting infected, they stop you getting sick.

In a world before vaccines, children simply died. In droves. It is this, more than anything else, that makes people from the past seem so callous when it comes to small children: from the Roman prohibition on infant funeral rights to the almost unlimited power conferred on parents to do with children as they wished to the myth of the ‘Changeling’, which allowed parents to kill disabled children (‘it was a fairy child’) without disturbing Christian doctrine. Much of the sentimental loving-kindness we now show towards children emerged thanks to vaccines, particularly after the smallpox vaccine (combatting the greatest childhood killer) began to take effect in the 19th century.

The origin of (bad) ideas

I mentioned above that attitudes embodied by the likes of AVN — what Chrys calls ‘a culture of fear and distrust’ in her piece — have their origins in the anti-establishment values that burgeoned in the late 1960s. As we all know, it became fashionable to ‘stick it to the man’, to cavil at authority and hierarchy. This, as Steven Pinker makes clear in his magisterial study of the phenomenon, was rather like the curate’s egg: only good in parts. Much of the opposition was opposition for its own sake, and often empirically unsound to a far greater extent than the ‘traditional’ position whose overthrow was sought. The catalogue of sixties oppositional failures is long and growing: we have since learned that incarceration reduces crime, that two parents, preferably married, produce better outcomes for children, that fashionable ‘free range’ educational theories only work for middle-class families. However, some of the opposition had real valency. The opposers exposed a long and growing list of institutional failures, both public and private. Those on the left pointed the finger at corporations. Those on the right pointed at government failure. This process is ongoing: the left feeds off Enron and Lehman Brothers; the right feeds off the Euro and the Millennium Dome. Certain sub-species of both point at the Iraq clusterfuck and simply shake their heads. The sort of people who paid attention to public health campaigns in the 1940s and 1950s and guilelessly trusted both governments and pharmaceutical firms to ‘do the right thing’ are probably no more.

I get this distrust; as someone operating out of the classical liberal tradition, I understand in some depth just how bad government can be, and the extent to which good intentions do not save it when its well-meaning programs go wrong. As someone from North Queensland, I know that government scientists deliberately introduced the cane toad (to control the cane beetle) into my state. No cane beetles were harmed in this process, but a great deal of native fauna was (and is). For the same reason, I also understand why people distrust corporations. There is something in the quip that big business hates free markets more than it hates socialism because the former make it bloody well compete. Monopoly and monopsony are not nice, no matter how you slice them.

However, as much as I sympathise with this distrust, I want to convey that it has proper limits. While everyone is entitled to an opinion, not all opinions are equal. Very often — despite distrust of authority figures — those in authority will be right. Liberal democracy schools us to distrust Platonic Guardians, and with good reason, but it should not school us to despise clever people or the possibility of truth. Even the great theorist of ‘bottom up’ spontaneous order and limitations on expert knowledge, F. A. Hayek, accepted an important role for what he called ‘constructed’ orders. He mentioned the military and schools: the army is not a democracy, and depends on its chain of command. Schools need rules and centralised authority. I’d venture to add that science isn’t a democracy either, and nor is law. A freshman can trump a professor in history class. This is most unlikely to happen in immunology or while studying the law of contract. Meryl Dorey’s assertion that she knows as much as an immunological specialist represents an attempt to trump a professor that would be funny if it weren’t so tragic.

That the AVN is feeding off the worst sort of toxic oppositionism for its own sake is symbolised by one of the comments made at the conclusion of Dorey’s talk. (This comes via a horrified Clementine Ford’s twitter feed, by the way; so is preserved in a sort of digital aspic):

I didn’t donate to the vaccination progams for the 3rd world because I believe we’re overpopulated. Shouldn’t we be observing natural selection?

At that point, the eugenicist streak present in certain strains of the green movement links hands with a social darwinism that is fascistic in its repellent nastiness and historical pedigree. According to another twitterer, even Dorey backed away from that, although with her ‘never inject them’ rhetoric, one does wonder to what extent. And, as Ford observed elsewhere, ‘hippies are weird’.

So how does this wash up? With the realisation that none of humanity’s tools are perfect, but medical science is one of the best we have. Chrys observes in her piece:

I know there’s little chance that I’ll persuade the hard-core conspiracy theorists whose search for ‘the truth’ has them so bamboozled they don’t know which way’s up. But, for those undecided parents who might hear Ms Dorey at Woodford or elsewhere, please consider whether you really want to stake your child’s life on the highly unlikely chance Ms Dorey knows more about vaccinations than the overwhelming majority of the world’s doctors and scientists.

It’s unfortunate that Chrys has to appeal to authority, so accepted has ‘sticking it to the experts’ become. I hope this piece has driven home an important point: there are proven facts out there, in science and medicine and law. And the anti-vaxxers are not in possession of any of them.

[Thanks to Chrys Stevenson for the graphic of the plane banner featured at Woodford Folk Festival].

And when he cried…

By skepticlawyer

… the little children died in the streets.

It is generally a good idea to laugh at dictators. It helps that they are often funny, with their monstrous pretensions, awful taste in clothes and bad hair. Laughter is a way of puncturing their pomposity and self-regard: I have long thought that David Low’s hilarious send ups of Herr Hitler fed London’s ‘Blitz spirit’ in a different from but entirely complementary way to Churchill’s speeches.

For that reason, I am very glad that this blog’s previous post poked fun at Little Kimmie Sick (and do watch the vid, it’s hilarious in a cringeworthy way). I also love the ad produced by South Africa’s Nando’s fast food chain, and news that it made Robert Mugabe squirm so much he banned it in Zimbabwe (and is now suffering an advanced dose of the Streisand Effect as a result) is to be welcomed:

And, I must say, having Mugabe playing on the swings with apartheid booster P. W. Botha is simply bloody inspired.

Last night, however, I reached a moment where I couldn’t laugh at Kim Jong-Il any more. It’s difficult to explain why, but I will make the attempt. A friend of mine on Facebook, Tom G. Palmer, had located a live feed from North Korea’s official news channel of Kim Jong-Il’s state funeral. Strangely enough, Melbourne’s Age newspaper was hosting the feed, so there was a vertiginous moment where the Dear Leader’s funeral was sponsored by Kia Sorento in Australia. My irony meter broke at that point and normally I would have laughed, but Tom had spent the previous hour pulling screen shots from the live feed and putting them up on his page. I couldn’t very well laugh at scenes like these:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Or the scenes I was now watching. I thought I had seen mass hysteria at a funeral before: that of Princess Diana, although this was far worse, almost a form of competitive crying. It embarrassed me then, and the North Korean outpouring of grief embarrassed me last night. Even worse, the live footage was backgrounded by a wailing and gnashing of teeth that struck me as almost Biblical: ah, I thought, this is what Jeremiah meant with his sackcloth and ashes. The wailing even drowned out the massed marching band (which, in another vertiginous moment, struck up a Sousa march shortly before the Dear Leader’s hearse went past).

News coverage of the funeral since tones down the wailing, which makes for something of a misrepresentation (even though it is for an entirely practical reason — foreign newscasters need to be able to make themselves heard). The wailing is what made the images such potent nightmare fuel. It struck me as a form of religious ecstasy: how the Pharaohs were worshipped, something dredged up from the depths of an antiquity we like to think we’ve left behind.

Over time, I found the hysterics so unbelievable that I began to wonder if they were feigned, or at least partly feigned. The Korean newscasters (one man and one woman), I thought, were faking it big time, and I stand by that supposition… but then I reasoned that fakery is the essence of television news. The newscasters are not, in that sense, to be taken as representative.

I was not alone in my puzzlement. Psychiatrist Theodore Dalrymple, in an excellent and thoughtful interview with the BBC, made the following comments after the first outbursts of hysteria, but before the funeral proper. He last visited North Korea in 1989:

It’s not easy to produce tears when you’re not really feeling it but you could fake weeping and wailing and this mass hysteria makes it impossible to tell what is real. There’s a kind of arms race situation in which you have to express yourself more and more extremely in order to demonstrate that you are feeling the orthodox emotions. A lot of it is perfectly compatible with acting. That isn’t to say that it is acting, however.

[A personal aside: I remember seeing posters for the 1989 International Festival of Youth and Students Dalrymple attended in Pyongyang attached to telephone poles around Brisbane, promoted by a certain Senator George Georges; there were some nasty things hiding under rocks in the ALP in those days].

Dalrymple goes on to make the point that the normally reserved Koreans — at least during his visit — seemed capable of only two emotions: complete stoicism or mass hysteria. He saw nothing in the middle:

When I was in the huge stadium and the Great Leader [Kim Il-sung] came in, everyone stood up and started worshipping him, quite literally worshipping him and letting out a roar at the same time. It might be that these people would be terrified not to do that but at the same time it’s possible that many of them felt a genuine allegiance to the Great Leader. After all, when Stalin died, people wept in the streets, although it was less effusive than in North Korea.

By contrast, Jim Hoare, the British charge d’affaires in Pyongyang from 2001-2002 told the BBC many of the scenes of grief were likely to have been choreographed. His interview contains his observations, and includes some relevant footage, although once again the wailing has been softened. Neuroscientist Kathleen Taylor offers a different perspective again, and her article is well worth a read:

Since the death of Kim Jong-il, images of weeping North Koreans have filled the western media. But is their grief real? Some have suggested that the hysterical displays of mourning were staged, others have come up with an even shorter answer: brainwashing. But what does that mean?

[...]

For Westerners raised to believe in strength of mind and individual free will, brainwashing was a nightmare. Zombies and demonic possession have staying power in our cultures for good reason: they represent the terror of mind control. And as possession was all about black magic, so brainwashing reeks of dark and dangerous science. What else could explain those US soldiers’ behaviour but mind-altering technology? A horrifying idea, but also encouraging for the US military, since technologies can be captured and transferred.

Except that, even in secretive North Korea, we can be pretty sure there is no such technology. To date. Neuroscience is developing so fast that brainwashing machines may yet appear, but they are not responsible for the grief in Pyongyang. So what, apart from propaganda, is?

The thought-reform that terrified the West did not use new technology but old psychology, cleverly applied. Chinese culture, less individualistic than its western opponents’, was more aware of how groups can manipulate individuals. They used that social power on American prisoners and in their own societies. We see it now at work in North Korea. In this sense, brainwashing does exist. People can be made to believe things that clearly aren’t good for them.

One depressing point worth adding to Taylor’s observations is the fact that the dictatorship in North Korea is now multi-generational: there is no past, or different system, to be ‘washed’ out of people’s heads.

Tom — the friend who provided the two images above — was in North Korea in 2010, far more recently than either Dalrymple or Hoare (yes, friends of mine go on travels to lots of odd places; I’ve even travelled to odd places myself). I’ve culled some of his observations from various facebook updates. In response to a comment that the people must be grieving only out of duty:

I think that many, almost certainly most, do love him. Years later, they may look back and find it baffling. But the slaves often do love, and fear, and revere, and worship their masters.

Tom’s comparison with another ‘cult of personality’ regime, albeit one that took far longer to develop its cultish qualities and was always more porous:

I have talked to people who lived in Albania and were strong classical liberals… And they all cried when Enver Hoxha [pronounced to rhyme with 'lodger'] died. They said later it was hard to understand, but they had been raised from childhood clapping “Enver Hoxha, Enver Hoxha, Enver Hoxha” as they marched to school. That was all they knew. And they had it much easier than the North Koreans, as they could listen to Italian radio. The North Koreans have no contact with the world.

In response to another suggestion that the people must be faking it:

I am confident that they are not faking it. This is the result of a 100% totalitarian state. They truly do love Big Brother.

That, I think, is why I could not laugh any more. North Korea’s Kim family has created Orwell’s dystopia on earth. Yes, there are probably dissenters, but they are not like the dissenters in Zimbabwe or (recently) Libya or Egypt or (still) Iran: known, in numbers, sometimes armed. Gaddafi’s bloody end indicated that, in large swathes of the country, he was hated. North Korea, by contrast, is terrifyingly stable.

And when it does fall (no totalitarian state can last forever), picking up the pieces will be no little thing, as its people learn that everything they thought true is false, and that all must change.

Perfection, of a kind, was what he was after
And the poetry he invented was easy to understand;
He knew human folly like the back of his hand,
And was greatly interested in armies and fleets;
When he laughed, respectable senators burst with laughter,
And when he cried the little children died in the streets.

W. H. Auden, Epitaph on a Tyrant

UPDATE: Lorenzo has an excellent companion piece to this over at his place, on the atavism of totalitarianism. Go read.

Vale Little Kimmie Sick

By DeusExMacintosh

As a nation mourns (and the Internet boggles) we pause to offer our sincere condolences to the people of North Korea on the occasion of their Dear Leader’s funeral….

We also offer some fan service to our male readers – hotpants and swords, that’s all I’m going to say.

Ain’t no party like a Pyongyang party, ’cause a Pyongyang party is ABSOLUTELY MANDATORY

As Blind as the Prat

By DeusExMacintosh

 

A CWMCARN man faces having his incapacity benefit stopped after being declared fit to work despite being registered blind and suffering from rheumatoid arthritis.

Tony Harris, 51, of Tribute Avenue, was called for a Department for Work and Pensions (DWP) reassessment in November due to him claiming £199 every fortnight in incapacity benefit.

Mr Harris did so but was shocked to receive a letter this month telling him the department had given him a score of zero in all criteria, which means it is considered Mr Harris is fit to work.

His benefit will be stopped on December 29.

The letter from the DWP states it considers Mr Harris’ vision doesn’t prevent him from finding his way around familiar and unfamiliar places. It reads: “We have decided that you do not have limited capability for work.”

Mr Harris has been registered blind since he was 16 due to retinitis pigmentosa. This hereditary condition has caused his sight to deteriorate during his adult life, and he has used a guide dog for the past nine years.

- South Wales Argus

Quit while you’re behind…

By skepticlawyer

As I’ve written previously, Christmas is an ancient pagan rite, its relationship to the baby in the feedbox tenuous at best. However, it is a rite, and with rites come repetition (indeed, that is the point). Research bears out the common hunch that the important bits of religion are in its rituals, not theology: this means that in Christian terms the Catholics are in front, in Islamic terms the Shia are in front … while Shinto beats all of them hands down.

In light of that little detail, I should point out that we in Britain are now being treated to an ancillary ritual: the annual Boxing Day hunt brou-ha-ha. I’m not sure whether it’s as psychologically healthful as saying the rosary or writing out mantras in beautiful calligraphy, but its repetitive quality cannot be denied:

Alice Barnard, the Countryside Alliance chief executive, said the organisation remained committed to seeing the ban overturned.

Her comments came after two ministers, Jim Paice and Richard Benyon, criticised the ban as unenforceable and unworkable. Their interventions inspired politicians from across the political spectrum to wade into a debate that has become as much a part of the festive tradition as the meets themselves.

Boxing Day is the biggest day in the hunt calendar. It has become even bigger since hunting with hounds was ‘oulawed’ seven years ago. People on all sides of the issue dance around this factoid, but I (being a lawyer who has worked in the criminal justice system) can tell you why foxhunting is bigger than it ever was: the police, the courts, the authorities do not enforce the hunt ban, much as they do not enforce laws on prostitution or cannabis or pornography with anything but the most perfunctory attention to detail. This is because any attempt to enforce them would represent a colossal waste of police time. The outcry, were PC Plod discovered rounding up local huntsmen as opposed to turning up to deal with burglaries and assaults would be (and has been, on the rare occasion it has happened) a sight to see:

The Hunting Act is a bad law, not least because it is almost impossible to uphold. Last year, 36 individuals were convicted under its provisions; yet only one of those individuals was associated with a registered hunt. Yet, while bad laws should generally be repealed, the House of Commons – as we report today – would be unlikely to do so, even if ministers were inclined to hold a vote. In any case, any legislation to overturn the ban would reignite a fractious debate, at a time when Parliament has serious economic matters to consider.

What we see at work today, therefore, is a classic piece of British pragmatism. The Act is wrong, does not work and should be scrapped. But an uneasy compromise has been achieved that allows many thousands of people to carry on hunting. The time will come when a sensible Parliament will reverse one of the most illiberal and pernicious laws of recent times. Until that day arrives, tally-ho!

Added, of course, to the lack of enforcement is the allure of giving the single digit rampant to the authorities — what Sigmund Freud called ‘pale criminality’ and what Legal Eagle wrote about so well in this presentation for the Adam Smith Club. Pale criminality is the reason why drug use goes down when drugs are legalised, why human trafficking and sexual assault rates drop when prostitution and pornography are legalised, why there is an initial spike when abortion is legalised but the rates later settle at a new, lower level.

Once again from the top, those on both the left and right who would make moral laws: unless you have near unanimity on a given moral precept, you cannot use the law to enforce your moral values. The law will not work, people will continue to engage in the behaviour, and there will be unpleasant spin-offs, like human trafficking, adulterated drugs and organised crime more generally. You will almost certainly make the problem worse: more abortions, more hunts, more drug-use: all the nasties associated with unregulated markets. Hey, there may even be a black market in beagles (and the dog illustrating this post certainly looks like he or she could do with some practice). At trial, you will get perverse verdicts and jury nullification and your criminal justice system will be brought into disrepute.

Moralizers: if you cannot take the people with you, then it really is a case of quit while you’re behind, or be reduced to a laughing-stock.

How often must lawyers repeat the story of Prohibition?

Iain Duncan Smith is a cheap f*ck

By DeusExMacintosh

 

I imagine that £10 is less than even the most desperate British street-walker would accept for being screwed in this economic climate. It is however the generous “Christmas Bonus” I’ve received as a benefits claimant just days before the DWP sent me a lovely additional present in the form of a distinctive brown envelope inviting me to be forcibly ‘migrated’ from Incapacity Benefit to the new Employment and Support Allowance. This, on the Friday before Xmas.

Nice timing, Iain. I hope Santa uses your chimney as a chamber pot.

Christmas wouldn’t be the same without myths. The ongoing controversy surrounding the guy in the red suit and white beard is the most enduring, along with more theological arguments.

But you’ll have to go some way to beat the myths being peddled – and accepted – over benefits. More than half of people believe unemployment benefits are too high, according to a recent Social Attitudes survey. It also revealed that almost two thirds of people think child poverty is due to parents who don’t want to work.

In other words, if you’re on benefits and/or out of work, you’re a workshy scrounger. That the jobseekers allowance is just £67.50 a week is clearly immaterial in the public perception.

This is the triumph of the government’s demonisation of benefits and those who receive them. We now have an environment in which proposals to make people undergoing chemotherapy prove they are not well enough to work somehow haven’t sparked an outraged backlash. Forcing someone undergoing chemo to work, or to take tests to prove they can’t work, is to subject them to the kind of stress that may threaten their recovery.

It’s all part of the new sickness benefit (employment and support allowance), which will be paid only for a year to those unable to work because of illness. After one year claimants will only be eligible for means-tested income support, if they’re still unable to work. If their partner earns more than £149 a week, they’ll get nothing. That includes people who have been through cancer treatment, for whom one year is usually a woefully short recovery time.

As The Scotsman goes on to point out, Incapacity Benefit is a contributions-based benefit for which disabled workers may have contributed many years of National Insurance, it has no time limit other than retirement age which is useful as more often than not it goes to former workers with permanent disabilities. It is fully taxable but not means-tested which makes it possible to attempt even part-time work and come home with at least a low wage. The only reason it hasn’t had more impact in encouraging this behaviour is the high tax rates paid by low earners and means-testing rules applied to things like rent and council tax benefits that limit your possible income to £20 a week (whether this is from ‘permitted work’ or investment returns on a compensation lump sum for example).

DWP spokespeople vow continually to “make work pay” but this would cost money to actually achieve – you’d need to convince the Treasury to raise the tax-free threshold to £10,000 a year for everybody in the country. Reducing the levels of Housing Benefit would also cost money – you’d have to eliminate the couples penalty which reduces means-tested benefits if two recipients move in together and is the single-most “anti-family” policy of an avowedly “pro-family” government. The intention to simply slash the availability of benefits just forces the emergency accommodation expense onto local authorities and the social care sector, effectively robbing Peter (central government)  to save Paul (the local Authorities who administer rental assistance).

Reducing the expenditure of the Department for Work and Pensions on disability benefits would actually mean slashing administration costs by accepting the established – and pre-funded – expertise and independence of NHS consultants and increasing the number of ‘passported eligibility’ conditions like motor neurone disease (even if occasional statistical outliers like Steven Hawking CAN work). This is only possible at the not insignificant cost of scrapping the expensive contracts ATOS has been handed to re-examine every single one of the millions of disabled or chronically ill people currently on benefits in the spurious name of “personalisation”, which has generated the extra costs of an already imploding appeals system conservatively priced at between 50 and 80 million pounds every year (though at least this could claim to be genuinely encouraging employment in the legal sector.)

This whole welfare reform process is a bit like paying £50 for an undrinkable bottle of wine solely to qualify for a free box of christmas crackers valued at a fiver. There are cheaper ways to save money.

So what’s it like to be a disabled person reliant on benefits and facing this whole process this Christmas? Well, it’s interesting, as well as very, VERY stimulating. (And in case the expression in that photo looks a bit familiar…)

Police Academy – Good Speech

You’ll have to excuse me, I have IDS – Irritable Duncan Syndrome. Bah humbug, everybody.

Merry Christmas (or other Festive Season of your choice)

By Legal Eagle

Wishing all of you — co-bloggers, commenters, readers, lurkers — a very merry Christmas and a fantastic new year.

Unreal Australians

By DeusExMacintosh

Appearing on the 98.9 Queensland radio station – an Indigenous, government funded radio station – Meryl Dorey is now advising the listeners in rural and remote areas on vaccinations.

Here’s some of the transcript that I’ve made:

———————-

Tiga Bayles: Today I have an interesting guest with an interesting topic; we’re talking about freedom of speech, the right to make free and informed decisions or give free and informed consent. We’re not talking about just black fellas today or First Nation peoples we’re talking about all Australian parents. And the topic and subject is vaccinations. You should be in a position where you can give free and informed consent to that issue, to that topic of “do you or don’t you get your child vaccinated”.

…Yes, the system doesn’t encourage us as parents and grandparents to do anything other than vaccinate, they are, uh, the propaganda is all out there, there’s so much of it, and rarely do we get the opportunity to hear somebody say “Here’s another angle on things, here’s another side to that story, here’s some more information regarding what you’re doing, regarding what vaccination means – is that the case?

Meryl Dorey: What you’ve said so true, not only doesn’t it encourage parents or other people who are trying to make a decision about vaccination to make an informed choice, they actively discourage it. We have the health minster in Queensland saying it’s nonsense to look at the other side of the vaccination issue. An the National Health and Medical Research Council which is the government body that’s involved with this, says that you have to make an informed choice. So all we’re doing is trying to support what the NHMR says and allow people to make and informed choice. If doctors and the government were doing their job, we wouldn’t have to be here… it’s all okay, because it’s very important that this information is available.

7.00 min: …what happens in Australia, only about one percent of the reactions that happen after drugs or vaccines ever get reported, so when doctors tell us “Oh, the vaccines are perfectly safe,” what they’re doing is they’re basing that statement on information that’s at least 99% incorrect. You wouldn’t make a decision on information that was so incorrect if you knew how wrong it was.

So, I think that parents need to be aware that doctors are not reporting reactions and we have a reactions database where they can report to us and we report to the government. And of course, since we’ve never had the funding to advertise this except in interviews like this, the reports we get are just the tip of the iceberg.

——————

- via Kylie Sturgess, Token Skeptic blog

So when doctors don’t identify many adverse reactions they are “99% incorrect”, however when the dopey-Dorey organisation doesn’t identify many adverse reactions they become “the tip of the iceberg”… isn’t that called trying to have it both ways?