Category Archives: Law

‘Equal marriage’ is a phoney emancipation for lifestyle activists

After the weekend’s LGBT marches in Northern Ireland, and the German parliament’s vote in favour of gay marriage, the great non-issue of ‘equal marriage’ is back in the headlines.

Writer Colm Toibin, in a recent interview, said that the referendum vote in the Republic of Ireland a couple of years ago, marked a historic moment for gay people like himself. In a religiously conservative culture, the acceptance of gay people’s right to marry in a church, said Toibin, is final proof of inclusion for LGBT people.

It is certainly part of civil freedom to allow any one of us to declare love to another person in any which way we want, and have that recognised and protected by law. One thing the reactionaries like the DUP have right, is that marriage is a vital force of social cohesion.

When we make a commitment to another person under the law, we promise to invest the power of our citizenship in their lives. We are making a symbolic gesture of the very meaning of citizenship itself, that with one’s freedom comes a responsibility to protect that same freedom for another. Marriage is a very intimate way of expressing that responsibility.

There are differences between marriage, civil partnerships, and civil marriages. However, these differences are purely material. What each contract embodies, is the same level of freedom to love and the duty of care that involves. Whatever imbalances may exist between civil partnerships and Christian marriage, these are not matters of human rights, but legal procedure.

Colm Toibin may be right in claiming that allowing gay people to marry in church is profoundly symbolic, especially in countries where the church has wielded serious political clout. If that is true, then it should be permitted, without question.

However, the idea that this campaign is the new civil rights question of our age, or is a matter of ‘equality’ and human rights, is tiresome and fatuous. The hard political battle over LGBT rights has been won. The reason that it is still treated like some great fight for emancipation is because it makes people feel like revolutionaries, without actually calling on campaigners to expose themselves to any risk.

The recent resignation of Liberal Democrat leader Tim Farron shows how twisted the issue of ‘equal marriage’ is. Farron is a typical Westminster centrist, and a committed human rights advocate. His own personal beliefs about the nature of marriage are of little consequence.

Part of what it means to be a liberal, is an ability to separate questions of civic justice, from personal conscience. The balance of liberty can only exist if we tolerate opposing views on what constitutes the moral good, while we protect each person’s right to determine the answers to such moral questions on their own terms.

‘Equal marriage’, as it is pompously called, is a perfect way to see into the heart of modern liberalism. We can see why the free press and free speech are issues treated with contempt by the left. Liberals have no interest in allowing people to form opinions based on personal conscience.

The ‘good’ in society is prescribed before one’s conscience even comes into play. If you fail to fall in line with what has been determined as right thinking, you are branded a bigot, excluded, just as gay people were ostracised before 1965.

The DUP in Northern Ireland are indeed wrong. They are stunting democracy and imposing their own views by abusing their veto on gay marriage. However, this is the very same tactic used by many of the LGBT side, especially those who called for Tim Farron’s resignation.

Liberty means that no one’s personal whims can be imposed on the constitution. The benefit of this, is that we are all free to express love, hate and indifference to each other as we please, as long as that doesn’t amputate aspects of each other’s citizenship.

‘Marriage equality’, bears no resemblance to any case of emancipation.

What are the core features of a real act of emancipation? The first has to be that there is some form of social and conservative oppression. The great trick of the modern left, of course, has been to redefine ‘oppression’ to be so broad, so abstract and invisible, that it exists everywhere. But the real moments of emancipation – the freeing of slaves, the civil rights act, the legalisation of homosexuality – conversely, happened against the backdrop of identifiable crimes.

To go out and protest these crimes meant you were up against an infrastructure of repressive state violence and corruption, and this meant a direct threat to one’s physical safety and livelihood. Speaking out meant ostracisation, blacklisting, or being beaten up.

The second feature of authentic emancipation is a clear and tangible miscarriage of justice. What’s interesting about the great movements of emancipation was the fact that they involved fighting an internal contradiction between the proposed values of the state, and the way the state was actually behaving.

Today, protesters and activists are not going up against miscarriages of injustice, so much as claiming that the very structures of society are unjust. This must be treated with suspicion. It’s not enough to mouth off about ‘inherent privilege’ or contort everyday unfairness into some evidence of hidden structural inequality.

Real emancipation can only happen when real violations of basic rights have occurred. In the case of marriage, it’s not a right. So it cannot, by definition, be an issue of equality. The only question of rights would be whether people are free to declare their love to each other without fear of persecution or danger.

Yes, it is wrong to stop people from using their Christian faith to declare their love. But allowing this to happen is not a matter of human rights or justice.

The final feature of an emancipation is that it radically alters the society from a restrictive one to a free one. Can we really claim that allowing ‘equal marriage’ does this? Is there some great attitudinal shift at the heart of this issue? Are people who were once deprived of basic human dignity now tasting the fresh air of liberty?

The only people who are actively against ‘equal marriage’ are evangelicals and reactionary conservatives. These people are a laughable minority, and their views have no hope of oppressing anyone politically, or violating anyone’s human rights in a legal sense.

And yet, the social justice movements, and the triangulating politicians that feed off such movements, give the impression that the bowler-hatted 50s Tory is still the great threat, that we are still fighting forces of establishment aristocracy and Victorian conformity.

These activists need to invent an archaic establishment to fight against, and refuse to see the massive social changes that have happened since the 60s. The bowler-hatted man is dead. And the stuffy, bourgeois conservatism that was so dangerous to gay people, has been deposed.

This is the problem with the Left in general. It has been ossified, trapped in history and over-saturated with 1960s iconography, to the point where it is wildly ill-equipped to identify the real, modern battles for justice, and to see new challenges and new forms of oppression when they present themselves.

And the new establishment of the Merkels and the Camerons and Mays love this delusional kind of activism, because it acts as no real threat. As long as people mistakenly battle against an idea of the establishment that died years ago, they pose no danger to the yuppy, neoliberal, corporate globalism that is doing the real damage to people’s lives.

You can tell this is a non-issue by the feebleness of those objecting to it. The celebrations, protests and marches are completely disproportionate to the moral and political victory that is supposed to be had by making equal marriage legal.

Protest has become a lifestyle choice. Since Apple Mac’s ‘think different’ ad campaign in the late nineties, freedom-fighting has become a kind of branding, a social status symbol, rather than a moral necessity.

Essential to this neutered, narcissistic version of emancipation is the fighting of causes that have little or no impact. Nothing substantial is achieved by allowing gay people to marry in churches. Most people, gay or straight, probably get married in civil ceremonies anyway.

Virtue-signalling about ‘equal marriage’ is an easy way to give yourself a moral high-ground, but the truth is it has little to do with gay rights, gay health, or the well-being of individuals struggling against religious fascism or political persecution for their sexuality.

There is no need for barricades, no long nights starving in the flanks. There is no danger involved. It’s a false issue. A great way to make yourself seem like a revolutionary when what you are is really the worst kind of bourgeois sheep.

All the while gay people are thrown off roofs in the middle east, and the best they can hope for from their LGBT brothers and sisters in west is the signing of a few petitions and some Facebook outrage.

Why ideas matter in a mechanised culture

An idea is the opposite of automatic thinking.

Human beings are clearly more than just higher order apes, and it is our capacity for ideas that helps us rise above the purely instinctual. Ideas are the opposite of inevitability.

The easiest place to see this is in our sexuality. Human sexuality has become so much more sophisticated than procreative instinct. It certainly emerges out of whatever imperatives exist in our biology, but the diversity and confusion, the whole range of sub-cultures from fashion photography to the nudes of Rubens, all the way up to the decadence of Oscar Wilde through to modern transsexuality, reveal that much more is going on than just a quest for survival.

There is something essential about being human that doesn’t fit into a simple reduction to the procreative instinct. There is something unique and beautiful about human beings that marks us out from the instinctual world completely.

Ideas are what create the space between our instinctual imperatives, and our free choices in the world. To create this space, an idea doesn’t need to be philosophical, or literary, or even conceived in language at all. An idea is simply that which stops us being prisoners of inevitability.

Great works of beauty, sweet melodies and even the heartfelt intimacy of a truly loving kiss, all these are forms of ideas, because they convey something to us that stops our instincts in their tracks.

Ideas don’t matter because they perform a function. They are not practical or utilitarian. Ideas matter because they take us out of the trap of automatic, reactive thinking, out of our programming.

To do this, an idea doesn’t need to reinvent the wheel. It doesn’t need to be new, it just needs to be fresh, to create that space between you and your instincts. There is no way of preconceiving what such a thing might look like. The only way you can tell a powerful idea from a bad one, or from a lack of ideas completely, is whether or not it frees you from automatic thinking.

When George Orwell wrote Politics and the English Language, warning of the way political language degrades public dialogue and therefore human potential, he was not being a grammar nazi. Neither was he, as some have mistakenly thought, asking for constant originality in language. All language is a product of other language, just as all culture is a product of yet more culture.

Orwell’s concern in avoiding cliche was not about avoiding what had already been done, so much as avoiding anything that narrowed the scope of human thought, that trained the human mind to reduce the possibilities of individual potential.

Orwell’s project was to encourage fresh thinking, a way of using language that was the opposite of propaganda, or reactive, ideological behaviour.

Advertisers and PR managers and political spin doctors are heavily invested in automatic thinking. Orwell could see the dangers posed in an industrialised society, to language use, critical thinking and private agency – all the things he presumably thought democracy and egalitarianism were supposed to promote.

Today, Orwell’s fears are playing out for us, but not in the fascist nightmare of 1984. Rather, they are being manifest in the erosion of private reason, narrowing the space between our sense of who we are, and our instinctual and automatic biological programming.

Some may respond by saying, ‘of course ideas matter, you are not saying anything new’. But most probably what they mean by ‘ideas’ is just ‘clever solutions’. Ideas have been reduced to problem solving. What is generally meant by a ‘good idea’ in this sense is something like the Iphone, or the Uber taxi app or Elon Musk’s Tesla cars.

These are indeed the products and examples of good ideas, but they don’t embody the whole of what a good idea can be.

Far more powerful examples of ‘good ideas’ are Magna Carta, democratic sovereignty, or the truths conveyed in the famous soliloquy of Hamlet.

These are not necessarily ‘solutions’ in the local, technical sense of helping one get from A to B while overcoming an obstacle. They don’t necessarily offer mind-blowing answers, either.

Magna Carta was a revolutionary idea because it conceived of the state and justice system as more than the mere limbs of sovereign power. In Magna Carta we have the first instance of a state’s power being there to protect the people from the whims of a king, rather than just consolidating the entitlements of that office. This puts a space between the society, and its leader’s personal ambition.

Human instincts and biological programming seem to suggest hierarchies will always be the product of human relationship. Magna Carta marked a shift in human society by freeing us from that inevitability. Human civilisation stopped being the product of instinct, and became a way of distancing ourselves from it.

The dangers of a technologically driven society are that automation becomes not just function the culture, but the desirable end of it. Technology helps us satisfy our basic needs in constantly revolutionary ways. However, we forget that a great part of human progress is not just the fulfilment of our desires, but our ability to be free from them.

Ideas are not a form of technology. They are ways in which we create space between our evolutionary needs and our higher-order culture. If human life was about survival only, we would not have created religious culture, democratic societies and any heritage of beauty and art. We would not be obsessed with making a meaningful life, only a long one.

The dogma of the day is that humans are merely sophisticated apes, and our programming is so strong that we are bound to destroy ourselves; the cruel irony of our survival instincts being that they conflict with each other, and our desire for survival leads to a desire for power, which leads to a desire to destroy.

This view of human nature fits conveniently into the ideology of technology, because it means that a culture of automation is not foreign to us, it’s not troubling or dangerous, because our whole instinct is towards automation and complex problem solving. Technology is just the advancement of our instincts by other means.

Viewing ideas and civilisation in the way being laid out here, however, disturbs the convenience and comfort of this modern ideology.

The aim of human life is not to fulfil our animal needs, but to rise above them. Instinct and survival programming are strong, but this is not the complete picture of what humanity is, or is capable of.

Consumerism, technological thinking, marketing, Public Relations and political propaganda, are all mechanisms of automatic thinking. They are the enemies of ideas. So it follows that much of what we call modern culture is also the enemy of ideas. Much of what we see in the public sphere, from textureless glass-box buildings to monotonous popular music and simplistic debate in online media, reflect this anti-idea culture.

The way to fight this, is to insists on creative thinking, in constantly refreshing our capacity for ideas, clearing a space between our instinctual programming and our dreams for ourselves and each other. Technology is great, only if it is matched with equally strident experimentation and advancement in ideas.

If technology advances faster than our capacity for ideas, or worse, if it actively erodes our ability to develop them, then the Darwinist nihilists will create a self-fulfilling prophecy. We fight this by resisting automation, inevitability and capitulation to instinct. This resistance is the secret behind the achievements of Michelangelo, Shakespeare and Steve Jobs. It’s also the secret to becoming a truly free human.

 

Defence Of The Realm: A liberal proposal for counter-terrorism

As I sat last night in my messy, dreary Vauxhall room news reports came in that my local tube station had been shut down due to an ‘incident’, following the police responses in London Bridge and Borough Market.

Immediately, the nightmare of reality struck. I had only minutes before been watching social media videos of people in a bar I frequent, being told to duck under tables by armed police in London Bridge. Now it seemed like the terror was on my doortsep.

Vauxhall is a vibrant gay area. More gay, actually, than Soho. The clubs and bars are filled nearly 24 hours with proud, ostentatious revellers delighting in their sexual freedom. It’s always an adventure coming home at night to dodge the crowds of half-naked ravers. Even as late as 10am in the morning I have run into emaciated drag queens with their make-up smeared and their tights laddering as they meander sexlessly home after a night of drugs and drink.

All of this makes me love Vauxhall. Since the attacks in Orlando, however, I’ve been increasingly conscious of the possibilities of this vivacious, liberal and joyful district of London nightlife getting its own taste of the horrors of barbarian slaughter.

So there I sat, quivering with fear and numb with disbelief that a routine, uneventful day had turned into a hellish bad dream.

For the best part of an hour there was no news about the events in Vauxhall, other than that police were dealing with a third incident in the area. The only piece of news I had to go on was that some attackers were thought to be at large, and that police were searching for gunmen.

These turned out to be rumours, but as the helicopters circled above me, and the sirens whined with a discordant, orchestral regularity through the nearby streets, I was tense with fear.

I had images of the streets around my square and its wider area being stalked by balaclavad gunmen. I studied the reports coming in from London Bridge, as policemen unflinchingly confronted the attackers and news of the brutal knife slashings became more detailed.

I now realise just how brave the servicemen and women really are who treat the victims, and the impossible resolve and commitment security officers have to confront these bloody attacks. Cowering in my poet’s garret I was forced to admit that such people are ten times the citizen that I am, and that I owe them daily for my liberty.

That’s to say nothing of the ordinary people caught up in such attacks, who refuse to flee for their own safety, but charge towards the tragedy in order to ensure the injured can be saved. More than a few times today I have wept at the simplicity and innocence of the courage shown by bystanders swept up in the horrors at London Bridge.

On LBC radio today Colonel Richard Kemp called for greater powers of internment and deportation in counter-terrorism operations. For years I have angrily objected to such measures. Since Tony Blair’s silly, totalitarian proposals for extended detention and the Bush-era ‘extraordinary rendition’ practices of the CIA, I have scoffed at any suggestions that seem to resemble these ill-considered responses.

I’m a John Stuart Mill liberal – to the core. I do not believe that we should mess around with the rights and liberties that took centuries to pry from the hands of established power. The right to trial and free speech are both threatened by many of the hardline proposals jingo-istically called for by right wing commentators.

However, as John Locke, the grandfather of modern liberty, teaches us, the integrity of a right can only be measured by its limitations. Rights that are never subject to review or sensible restrictions under unusual circumstances, are not in fact rights, they are just excuses for license.

Speaking to LBC’s Andrew Pierce, Col. Kemp said: ‘I’m not suggesting that we should turn this country into a police state, or simply go rounding people up without good cause. But I think, there are some people, that we know are involved involved in terrorism, and these three may turn out to be just such people.’

Col. Kemp called for vigorous powers of ‘detainment, deportation and exclusion’, and said that often the only reason known jihadis cannot be tried is due to intelligence being so sensitive it can’t be used in court.

Col. Kemp is former Commander of the British Forces in Afghanistan, and also the former Head of Counter Terrorism Intelligence in the Cabinet Office.

In short, he’s not some blathering Farage-type. He knows what he is talking about, and is concerned that our security services are faced with an impossible task if they cannot take decisive action, simply because that action may be deemed politically incorrect.

Taking into consideration Col. Kemp’s commentary, I think it is time Britain introduced a new Defence Of The Realm Act. The Manchester and London Bridge attacks, while not being classic acts of war, do establish a war-like threat to our security that renders ordinary liberty subject to review.

The act will give the government and security services powers of arrest and conviction that are not subject to the typical transparency of legal scrutiny. It will also allow the government to revoke citizenship in cases of established threat, and to deport or intern individuals deemed to be dangerous.

These are terrifying powers in themselves, and easily abused. However, if properly implemented they will help those who guard us while we sleep to the finish the job they have started.

I advocate these powers, only on the grounds that a Defence Of The Realm Act will not hand over open-ended powers to undemocratic state actors. In order to prevent abuse, I also recommend the following in-built checks on new powers:

  • Decisions made by private courts be reported on to parliament in as much detail as possible
  • Those making such decisions are taken from across the political spectrum
  • Decision-makers are reshuffled every three months, so that power is retained in the office, not the office-bearer
  • Extend powers are explicitly understood to be temporary
  • Six-monthly reviews of these powers are conducted under the full scrutiny of parliament
  • A monitoring body is set up independently to scrutinise ongoing investigations that use these powers

 

There may be many more review-conditions for such legislation, and many far more accomplished people able to decide on what those checks and balances should be. The point is simply that amendments to liberty and justice can be made without our services falling victim to corruption, abuse of power and the compromise of the constitution.

None of these kinds of laws fill me with joy. I am a libertarian by nature, but in war, tolerance becomes a liability. We need to act, and we need to let our enemies know that we mean business, and I fully believe we can do that without eroding the liberties and privileges of citizenship of which we are rightly proud.