Showing posts with label Civil Liberty. Show all posts
Showing posts with label Civil Liberty. Show all posts

Monday, November 1, 2010

God or Liberty? A Fair Society, Please!

Not Freedom from Taxation, Nor Mystical Faith, but a Fair Distribution of Wealth and a Functioning Society

US religious and social history has been characterized by a periodical pulsation of religious fervor. Since the 1980s, the pulsation has been upbeat, evangelical movements and their leaders grabbing a lot of publicity and political power. These periods of religious fervency rarely last over half a century, so the latest one is probably on the wane, and the religious enthusiasts are riding the Tea Parties as if it were a religious revival. But Pulitzer Prize winner, Jon Meacham, a journalist and a historian, sees the Tea Party as “nationalistic, not moralistic”.

Tea Partyers are less concerned about the moral issues and more concerned about economic ones. It is conservative Christians who still say, “We need government to protect our morality, to protect us from ourselves”.

The myth stems from the original event in 1773, the Boston Tea Party, which was an act of rebellion against taxation without representation. The colonies were ruled by the King Georges of England and had no say in their own affairs. Three years later, the American colonies rebelled, and won independence. For Meacham:

It is liberty, less than religion, that holds us together.

S Augustine, in City of God, defined a people as “the association of a multitude of rational beings united by a common agreement on the objects of their love.” The “City of God” he meant was the Christian Church, in those days, the Catholic Church, and the objects of their love were their fellow human beings, and, of course, God, in the form of Jesus Christ, who had identified himself with the meek and the downtrodden in the world. When the new Christian religion began to spread from the original Jews to gentiles in the Roman empire, it was indeed the poor and the downtrodden who responded, and a much smaller number of mainly rich women, glad to give up their legacies for salvation.

For modern American Christians none of that applies. According to Meacham, “the attack culture has subsumed everything else”. American conservative Christians, like those who supported Bush, and who are now supporting “Tea Parties” to get rid of Obama think, and like to say, that the United States is a “Christian nation”. Even many liberal Americans agree. They think the country’s founding principles are based on Christianity, through the settlement of New England by the Pilgrim fathers in 1620.

It was not the Christian ideas of the Pilgrim Fathers who initially settled in America, but the Enlightenment values of the Founding Fathers of the new republic who set out the documents that proclaimed the nature of the new political entity, and set out its founding principles, principles that still apply. Since the country’s founding, Americans have confused its defining features.

Mark McGarvie, a history professor at the University of Richmond, points out that the stress on man’s duties and responsibilities towards his fellow man, according to the teaching of Christ, was an element in the motivation of the founding of some of the early US colonies, but Christianity had nothing to say about anyone’s individual freedom. Christ had nothing to say specifically about slavery. Plainly, though, slaves fell into the category of the poor, the meek and the downtrodden, people whom Christ said were blessed, would enter the kingdom of heaven and ought to be treated like God. The man Christians treat as their God, Paul, the one they prefer to cite rather than God—Christ whom they largely ignore—told slaves to settle for their lot. Paul marginalized Christ’s emphasis on being loving and kind to each other—on works, as the New Testament calls it—by substituting for Christ’s practical teaching his own mystification, faith in God and the body of Christ!

The Declaration of Independence was based on the ideas of the Enlightenment, the teachings of Locke and Rousseau, as expressed by Jefferson and Madison. These men were also concerned with the poor and downtrodden, with the centuries of oppression people had suffered while Europe was ruled by the Church, and its hereditary nobility, who wanted the people to believe that kings were divinely appointed and had to be obeyed, even when they were wicked. It is what S—Paul taught, but not Christ.

With the rise of the merchant class of capitalists, the Feudal System of government by the nobility and royalty was doomed, but struggles were needed to put it firmly in its grave, and the American Declaration of Independence was one of the acts that established that kings were not divinely right! Instead of the divine right of kings, the Enlightenment idea was that God had nothing to do with individual rights, except that free will meant everyone was personally free in God’s own view! The Enlightenment was about protecting individual rights, in contradiction of divine rights.

Now the point of individual rights is not that everyone should do as they like, for that would be intolerable, and indeed would be quite alien to anything that Christ taught or any Christian should believe. The Founding Fathers thought that humans were primarily good to each other, and that society should allow them to prosper according to their good nature. They inscribed on the country’s Great Seal the motto “Out of many, one”. Americans were to pursue their own interests and desires with the ultimate aim of doing good not just for themselves but for a whole united society.

The other side of the US Great Seal has two mottoes, one of which announces that the birth of the USA begins a “New Order of the Centuries”, while the other is simply “It Has Favored Our Efforts”, “It” meaning Fortune or Providence, according to your religious inclination. So, although Christians will read this as being God’s Providence, and therefore God, the deists who drew up the documents could be more neutral and read it as Fortune. Even here, then, a Christian interpretation is not the only one. Deists believed in a God, but not one that twiddled with the world he made.

The conflict between the mystified Christianity of Paul and Luther, and the practical Christianity of Christ himself, filtered through the Enlightenment, existed from the outset of the USA, and there seems little to be gained in denying it. Christians nevertheless do, or they do not recognize it at all.

In modern practical terms, freedom is the freedom of the hyper rich one or two percent of the people to take the enormity of the country’s wealth that leaves the poor and even the middle classes struggling, either to stay alive or to maintain their standards. It is not social schemes like health and education, schemes that no civilized country can do without but which are being starved of sufficient cash to offer a proper service, both in the US and abroad. Christ went about curing people gratis and blessing the poor like Lazarus, the beggar, while approving the damnation of the rich, like Dives, the rich man. The greed of the minority is the real moral problem of all societies. That is what Christ taught.

It is all very simply set out in the Christian gospels but none of the evangelical crowd, who think Tea Parties are sent by God, have read or comprehend the teachings of Christ. They believe what their Republican pastors and politicians tell them, and, as Limbaugh and Beck prove, being idiotic is what the conservative Christian loves—“That’s just how I feel. Boy aren’t these guys just great!” They are too easily conned to see they are being conned! These guys are not idiots. They are! They are being taken for a ride, and the only benefactors are the Republican grandees, the mega rich, whom they think will help them by reducing taxation when all it does is leave those with the income worth taxing, better off.

Thursday, February 11, 2010

A Judge’s View on the Law and How to Protect It

Lord Bingham, until he recently retired, the most senior British judge was interviewed for The Guardian by Stephen Moss in connexion with the publication of his recent book, The Rule of Law. Bingham’s last three jobs were Master of the Rolls, Lord Chief Justice, and senior Law Lord. One imagines he is a man who knows the law. He unequivocally condemns the Iraq war of 2003 as illegal:

I took the view which Michael Wood and Elizabeth Wilmshurst [legal advisers to the Foreign Office in 2003] took—that it simply wasn’t authorized. The whole of the Foreign Office thought this… It is not at all clear to me what, if any, legal justification of its action the US government relied on… If I am right and the invasion of Iraq… was unauthorized by the security council, there was a serious violation of international law and the rule of law… It is, as has been said, “the difference between the role of world policeman and world vigilante”.

Yet Jack Straw told the Chilcot inquiry he often ignored the legal advice his law officers at the Home Office as well as the Foreign Office gave him!

Michael Wood drew attention to the fact that the ministerial code obliges ministers to act in accordance with national and international law, so it isn’t really good enough to say I don’t take the advice of law officers.

Can anyone tell me how these New Labour ministers, from Tony Blair onwards and downwards, manage to get away with such cavalier disregard for the law, and centuries old British parliamentary and ministerial convention that is meant to save us from fascists. Isn’t it plain that it does not do what it is supposed to do, because a bunch of crypto fascist neoconservatives have taken over Labour as New Labour, and have done just as they wanted in office. And no one is raising a stink about it.

It is one thing to enjoy parliamentary privilege, which is the right to be able to say in Parliament anything an MP thinks has to be said without fear of libel actions or jail—something irrelevant to the fiddling of expenses—but it is another to march roughshod over the country’s hard earned laws and customs, meant to protect us, the people, from becoming subjects and not citizens. New Labour’s thirteen years of legal flatulence has made us subjects again—subjects of any undemocratic authoritarian government, one that has put in place every requirement for a fascist putsch. Why is no one outraged at the unknown number of super injunctions that stop us from knowing what is going on? Why are students not incensed, especially now that Labour is hitting them and their universities harder than ever while continuing to feed the country’s wealth to the bankers? Why are there no lawyers willing to risk being jailed to protect the sanctity of the law?

Lord Justice Bingham notes that the government is using the threat of terrorism to erode our basic freedoms. He approves of Benjamin Franklin’s dictum:

He who would put security before liberty deserves neither.

Precisely, and that is where we are! Bingham believes we are getting the delicate balance between liberty and security wrong:

Liberty is losing out at the moment. Extraordinary inroads are being made into principles that would once have been regarded as completely inviolate, such as the growing practice of putting material [evidence] before some decision-making tribunal or judge that the defendant never sees. When I talk to the young, I’m struck by how, even when they have impeccably liberal instincts on things like torture and the death penalty, they tend to make an exception for terrorists. They’ve grown up in a world post-9/11 in which terrorism has been seen as this colossally potent threat.

The danger of terrorism is no more serious than it was in the seventies and eighties, probably less so, but the threat to hard won liberties is indeed real! Thus Bingham’s Belmarsh ruling in 2004 was that indefinite detention without trial of foreign terrorist suspects was incompatible with the Human Rights Act and the European Convention on Human Rights. He is proud of it because he felt “the stakes were quite high”. Plainly there are. They put anyone at risk of the same treatment. What can ever be just about jailing, without trial or evidence and possibly forever, someone who is merely a suspect? That is now British law!

Someone thinks someone else might commit a crime so they are confined for an indefinite time. It is the Inquisition. It is witch hunting. It most certainly has nothing to do with any concept of justice. Yet who is bothering. Lord Bingham seems to believe there is nothing to be done to defend good law other than through the ballot box. But no UK party is promising to remove all the bad law New Labour has brought in, and they are all complicit in the neoconservative terrorism myth. So the ballot box can solve nothing. What then? Bingham says, if that fails, we should turn to revolution!

Supposing a government came into power that wanted to introduce a whole lot of measures borrowed from the statute book of Nazi Germany, we would be justified in rebelling, just as we were against Charles I.

So what are the British people, and particularly the youth who have most to lose, doing about it? They have not even noticed. They are too busy having fun, watching reality TV, reading the gutter press, getting pissed, and, like half wits, pretending they are all celebrities.

Saturday, January 16, 2010

Do not Submit British Law to Zionism

Dr M D Magee—You can add me to this list (below)! The neo-Nazi, pro-Zionist, New Labour party has added so many oppressive laws to the British Statute Book, that we have lost count, and will only remember them when they start being used against us, as all such laws eventually are. Here the aim is to let the Zionist ministers of the elitist, racist, neo-Nazi state of Israel, like Tzipi Livni, enter the UK without molestation from court orders drawing attention to her involvement in state terror and war crimes in Gaza, which might have led to her justified incarceration in a British jail.

This Labour Party leadership is devoid of any principle except self aggrandizement. Each of them expects to be repaid, just as Blair was, for involving us, against our will, in unjust and illegal warfare.

They bowed to the wishes of Zionist mogul, Rupert Murdoch, to get his support to win a series of elections in the nineties and the so-called noughties, but Murdoch has abandoned New Labour, so they want to suck up to the Israeli state directly.

We must all abandon New Labour, if we haven't already done so, and decide to support individual candidates of principle. The party system itself is bent and bankrupt.

The Labour MPs listed below evidently have some principles left, but the New Labour party as a whole is such a disgrace, it wants tipping down the drain. We must do so, and instead support individual candidates who will change the first past the post electoral system that has led us into mess after mess since the 1970s, and will also erase all the fascist Acts of Parliament Blair and Brown have legislated.

Letter to the Guardian

“We are shocked at suggestions by the Foreign and Commonwealth Office minister Ivan Lewis and foreign secretary David Miliband that Britain may consider changing its laws to avoid any future attempts to prosecute suspected war criminals, Israeli or otherwise. The UK must not renege on its international treaty obligations, particularly those under the fourth Geneva convention to seek out and prosecute persons suspected of war crimes wherever and whoever they are, whatever their status, rank or influence, against whom good prima facie evidence has been laid. We reject any attempt to undermine the judiciary's independence and integrity. A judge who finds sufficient evidence of a war crime must have power to order the arrest of a suspect, subject to the usual rights to bail and appeal.

The power to arrest individuals reasonably suspected of war crimes anywhere in the world should they set foot on UK soil is an efficient and necessary resource in the struggle against war crimes, and must not be interfered with (Report, 6 January). Nor should the government succumb to pressure from any foreign power to alter this crucial aspect of the judicial process. We urge the government to state clearly that it will not alter the law on universal jurisdiction and will continue to allow victims of war crimes to seek justice in British courts.”

John Austin MP, Katy Clark MP, Frank Cook MP, Jeremy Corbyn MP, Ann Cryer MP, Paul Flynn MP, Neil Gerrard MP, John Hemming MP, Paul Holmes MP, Kelvin HopkinsMP, Brian Iddon MP, Lynne Jones MP, Tom Levitt MP, Martin Linton MP, Bob Marshall-Andrews MP, Gordon Prentice MP, Linda Riordan MP, Terry Rooney MP, Baroness Jenny Tonge, Baroness Lindsay Northover, Bob Russell MP, Clare Short MP, Phyllis Starkey MP, Sir David Steel, Sandra White MSP, Derek Wyatt MP, Tayab Ali, Partner, Irvine Thanvi Natas Solicitors, Sir Geoffrey Bindman, Richard Burgon, solicitor, Daniel Carey, Public Interest Lawyers, Ian Cross, solicitor, Jim Duffy, Public Interest Lawyers, Shauna Gillan, barrister, 1 Pump Court, Andrew Gray, solicitor, Tessa Gregory, Public Interest Lawyers, Beth Handly, Partner, Hickman and Rose solicitors, Michael Hagan, solicitor, Michelle Harris, barrister, 1 Pump Court, Susan Harris, solicitor, Jane Hickman, Partner, Hickman and Rose solicitors, Sam Jacobs, Public Interest Lawyers, Salma Karmi-Ayyoub, barrister, Paul Kaufman, solicitor, Aonghus Kelly, Public Interest Lawyers, Daniel Machover, Chair of Lawyers for Palestinian Human Rights, Michael Mansfield QC, Anna Mazzola, Partner, Hickman and Rose solicitors, Sarah McSherry, Partner, Christian Khan solicitors, Clare Mellor, solicitor, Karen Mitchell, solicitor, Simon Natas, Partner, Irvine Thanvi Natas solicitors, Sophie Naftalin, Lawyers for Palestinian Human Rights, Mary Nazzal-Batayneh, Human Rights Legal Aid Fund, Henrietta Phillips, solicitor, William Seymour, solicitor, Navya Shekhar, solicitor, Phil Shiner, Public Interest Lawyers, David Thompson, solicitor, Paul Troop, barrister, Mohammed Abdul-Bari, Secretary-General, Muslim Council of Britain, Anas Altikriti, British Muslim Initiative, Lindsey German, Stop the War Campaign, John Hilary, Director, War on Want, Kate Hudson, Chair, CND, Betty Hunter, General Secretary, PalestineSolidarity Campaign, Dan Judelson, Jews for Justice for Palestinians, Hugh Lanning, PCS Deputy General Secretary, John McHugo, Chair, Liberal Democrat Friends of Palestine, Gerry Morrissey, General Secretary, BECTU, Tony Woodley, Joint General Secretary, UNITE, Kate Allen, Director, Amnesty International UK, Jackie Alsaid LLM, Rachel Bowles, Prof Haim Bresheeth, Dale Egee, Sarah El-Guindi, Deborah Fink, David Halpin, Sharif Hamadeh, Samira Hassassian, Professor Ted Honderich, Victor Kattan, Asad Khan, Miriam Margolyes, Professor Nur Masalha, Professor Steven Rose, Professor Jonathan Rosenhead, Andrew Sanger, Dr Aisha Sarwar, Tareq Shrouru…

Tuesday, September 22, 2009

Freedom for Sale: John Kampfner

John Kampfner at Index on Censorship, says by the time Blair left office, he had built a surveillance state unrivalled anywhere in the democratic world. Parliament passed 45 criminal justice laws—more than the total for the whole of the previous century—creating more than 3,000 new criminal offences. That was two new offences for each day parliament was sitting.

  • Police and security forces were given greater powers of arrest and detention.
  • All institutions of state were granted increased rights to snoop.
  • Individuals were required to hand over unprecedented amounts of data

New Labour has made the left suspicious of civil liberties, liberties it was always concerned to protect, for they are necessarily removed always by fascist governments intent on destroying liberty as a whole. From ID cards to CCTV, to a national DNA database, to long periods of detention without charge, to public order restrictions on protest and curbs on free expression through draconian libel laws, New Labour rewrote the relationship between state and individual. It laid the footings of a fascist state, just as the USA Patriot Act did.

Meanwhile, blatantly unprincipled and hypocritical, Blair’s government colluded with US “special rendition” flights, the transport of terrorist suspects to secret prisons, with transit rights at British airports, and serious questions have been raised about the UK’s role in torture.

A party that should have intervened for social justice and greater equality instead allowed the bankers to rob us by setting up pyramid schemes to pile up bonuses, then, when the scheme inevitably went bust, arranged for we suckers to pay them the huge deficits they had created, and without any noticeable inclination to seek retribution. Instead, ministers sought ever more ingenious ways of watching us, listening to us, and telling us how to lead our lives. Why is all this not sending out a strong whiff of Naziism?

It is all surprising because, in Britain, since Victoria, we have prided ourselves on liberal traditions. Yet now those who complain about individual rights are regarded with disdain or hostility. Kampfner in a new book (Freedom for Sale) thinks people around the world, whatever their different cultures or circumstances, have been too willing over the past 20 years to trade certain freedoms in return for the promise of either prosperity or security. We have elevated private freedoms, especially the freedom to earn and spend money, over public freedoms, such as democratic participation and accountability and free expression. What he calls “globalised glut”, the thirst for material comfort, the ultimate anesthetic for the brain.

If he is right, we are now moving from the new 1929 to the new 1930s, with the prospect of a new world war in a decade. Sounds as if we should all be reading this book. The we had better wake up.