Monday, February 17, 2014

Why the UK is not in the European Union

U.S. Supreme Court

Norton v. Shelby County, 118 U.S. 425 (1886)

Norton v. Shelby County
Argued March 24-25, 1886
Decided May 10, 1886
118 U.S. 425

Following the decision of the highest court of the Tennessee in Pope v. Phifer, 3 Heiskell 691, and other cases, this Court holds that the Board of Commissioners of Shelby County, organized under the Act of March 9, 1867, had no lawful existence; that it was an unauthorized and illegal body; that its members were usurpers of the functions and powers of the justices of peace of the county; that their action in holding a county court was void, and that their acts in subscribing to the stock of the Mississippi River Railroad Company and issuing bonds in payment therefor were void.
 
While acts of a de facto incumbent of an office lawfully created by law and existing are often held to be binding from reasons of public policy, the acts of a person assuming to fill and perform the duties of an office which does not exist de jure can have no validity whatever in law.

An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

The same principle, that the Constitution overrules local and national law, means that until the people have spoken, the United Kingdom remains wholly outside the EU.

Hat-tip to Karl Denninger for the legal reference.

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Sunday, February 16, 2014

Australia goes easy on tyrannical Fiji government, plans to dump asylum seekers there

- that's David Robie's anaylsis of the current rapprochement between Australia and Commodore Bainimarama.

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Love, Chinese-style

Like the Elizabethans, the Chinese are conscious that the fires of romantic love are dangerous. Roseann Lake's cultural and scientifc report suggests that the lessons are: love carefully, and refrain from criticism.

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Saturday, February 15, 2014

Plus ça change

"The potentates of this world are [...] apt to consider themselves as possessed of an inherent superiority, which gives them a right to govern, and makes mankind their own; and this infatuation is almost every where fostered in them by the creeping sycophants about them, and the language of flattery which they are continually hearing."

Richard Price, "A Discourse on the Love of Our Country" (4 November 1789)

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Storms and man-made disaster

"We are apt to believe that today we experience more violent upheavals of Nature than in past generations, but this is not so. Heavy storms and exceptional weather phenomena occurred much the same in past years as now."

Reginald M. Lester, "The Observer's Book Of Weather", Frederick Warne & Co. Ltd (1955)

But we can make things worse, whether it be the EU-directed failure to dredge rivers that has exacerbated the flooding this year or the late-19th-century dredging of the pebble beach at Hallsands that led to the sea's destruction of the whole village in 1917.

We've been planning to revisit possibly the best fish and chip restaurant in England (the Start Bay Inn at Torcross in Devon's South Hams), but fear the worst after the recent weather:





Some think efforts to stop coastal erosion at Slapton Ley are ultimately doomed, anyway.

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Thursday, February 13, 2014

I like ice cream

From Wikipedia

Back in the seventies when Big Questions were generally sorted out at the pub over a game of darts, a philosophically-minded friend said something to me I’ve always remembered.

“In the end you have to say I like ice cream.”

What he meant was obvious enough – we have our preferences and allegiances and in end we have to admit that’s all they are. We usually pad it out with reasoned argument, but may as well admit what’s behind it all – a liking for our own conclusions.

Most of us are not open to verbal persuasion and although the arts of argument can be good for the soul, it is worth remembering why we like ice cream. Or whatever else takes your fancy.

I like that cheap synthetic swirly stuff with a chocolate flake shoved in. I’m not so keen on proper ice cream full of genuine dairy products.

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A piece of human soliloquy

A quote from Santayana on the systems framing our ideas.

No system would have ever been framed if people had been simply interested in knowing what is true, whatever it may be. What produces systems is the interest in maintaining against all comers that some favourite or inherited idea of ours is sufficient and right.

A system may contain an account of many things which, in detail, are true enough; but as a system, covering infinite possibilities that neither our experience nor our logic can prejudge, it must be a work of imagination and a piece of human soliloquy. It may be expressive of human experience, it may be poetical; but how should anyone who really coveted truth suppose that it was true?

George Santayana - Winds Of Doctrine Studies in Contemporary Opinion

My reading of this is that experience is one thing, but framing into some kind of congenial narrative is another, much more problematic matter.

On the whole I am a data man. The data of experience may not be entirely trustworthy, but generally it is often more trustworthy than data framed by some prior allegiance, especially those covert allegiances of self-interest.

Not only that, very often the art of life lies in allowing the data of experience to tell its story, especially where the subject is complex. Unfortunately, as complexity increases so does the commercial, institutional and political value of those framing narratives. Leviathans to which we hand over our allegiance without so much as a whipped whimper.

Yet there are many times when data does tell a story if we are prepared to listen. Many folk seem to know this instinctively. They live life from day to day, being wary of confusing the data of experience with airy speculations.

I can’t help thinking it’s a good policy, but then another airy speculation comes along and off I go a-framing.

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