Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, February 16, 2010

Should a bomb-plotter's wife turn supergrass?

Liquid bomb plot wife Cossor Ali 'did not warn police'

This is a tricky one for libertarians and all others who no longer have a naive trust in the State. Should a wife be expected to act as an informer against her husband?

I thought that under English law, a wife is not a compellable witness against her husband in most criminal cases, although a change in the law of Scotland was proposed in 2006. If she cannot be forced to testify against him, why should she be expected to act as a spy or agente provocateuse?

Is this another way in which the State can use a hard case to make a bad law? Is this part of a general modern assault on the natural law of family, so that the State (and, eventually, the Party) will reign supreme in all things?

Tuesday, August 18, 2009

Law

We've been renting a house and now it's about to be sold; but the purchaser is delaying the exchange of contracts, with good reason:

The house has a fabulous view southwards, across fields and woods to the silver river and the sea beyond. This is an Area of Outstanding Natural Beauty, which is also a Site of Special Scientific Interest, so it should be highly protected. However, the field immediately in front is owned by a farmer who wants planning permission to build six houses on it. He's tried several times before, and although he's on the local council himself, he's been turned down each time, so far.

I jest to the owner of our house: "Have you tried dropping a few rare species in the field?"

"There are rare species. The Authority wrote a letter to him saying that they would be conducting a field survey. When he got the letter, he mowed the whole field - right down to the ground. Then he sprayed it all over with weedkiller."

Tuesday, August 11, 2009

Liberty: a debating point

We've been arguing liberty vs addiction recently, and my own latest comment is:

Libertarian laissez-faire needs to mean more than simply standing aside and watching the rich and powerful cock it up for everyone. Paradoxically, libertarianism implies some kind of rule-setting and limitation of power.

Does that seem reasonable?

Sunday, August 09, 2009

Addictive behaviour is the West's major challenge

"I finally decided to give up", say some. Yet I made that decision about smoking many times, before the last time (1977) that worked. I haven't seen an account of how to make a decision that sticks. Otherwise most of us would be slim, fit etc.

Gerald Durrell, in "My Family and Other Animals", tells how as a child he let his sister take care of some orphaned baby hedgehogs while he was away. He told her to be strict with the milk, not to overfeed. When he came back, he found that she'd fed on demand and they'd all died, because they couldn't stop demanding.

We live in a society that has plentiful cheap food, readily available and aggressively marketed alcohol, easily obtainable tobacco, easily found illegal drugs (and glamourised a thousand times by the media), computer games everywhere. It's surprising that anything gets done.

Some argue for decriminalisation of "harmless" drugs like cannabis, contrasting it with the undoubted dangers of alcohol. I agree with them in a way they won't like: alcohol is far too easy to get hold of.

Libertarians overestimate the amount of control we have over our behaviour, I think. Sartre argued stubbornly against the theory of the unconscious, because it undermined his philosophy of existentialism. I incline to the Buddhist analysis, that we continually form strong attachments and only the most determined can break the chains. Few manage it on their own. Some would say only 5% per year break free of alcohol, and perhaps a far smaller percentage stay off it permanently.

In our debates on liberty, should there be some discussion about restrictions that make us more free?

Sunday, March 01, 2009

Harriet Harman declares the end of the rule of law in the UK

Discussing the pension rights of ex-RBS boss Sir Fred Goodwin, Harriet Harman, Leader of the House of Commons, said today:

"The Prime Minister has said it is not acceptable and therefore it will not be accepted. It might be enforceable in a court of law this contract but it's not enforceable in the court of public opinion and that's where the Government steps in."

I propose a plebiscite to dispossess Harriet Harman of all her worldly goods, and exile her permanently from this country. A "yes" vote will have no legal force, but clearly that does not matter, provided it is supported by public opinion.

Friday, August 08, 2008

The need for civil rights

Professor James Duane explains in shocking detail why, in the USA, everybody should remember to exercise their right under the Fifth Amendment to remain silent. (htp: Obnoxio The Clown, referring to Philip Thomas' post)

"The following is the common Miranda warning used by most law enforcement agencies in the United States today:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

How about here in Britain?

"You have the right to remain silent. But it may harm your defence if you fail to mention anything that you later rely on in court. Anything you do say may be given in evidence."

"Free legal advice is worth what you pay for it." Having said that, here is a site purporting to give advice to activists being questioned by police in the UK.

How many laws are on the Statute Books in the United Kingdom? Is there anybody in the country of legal age who could not be accused of having broken one of them? Do we not have too much law?