Tag Archives: Law

We the People


This week on Facebook: I would venture that there never has been a time in history of mankind when there was not a wealthy Aristocracy. The Encyclopaedia Britannica opens with the definition that aristocracy means, ‘government by a relatively small privileged class or by a minority consisting of those felt to be best qualified to rule’.

Of course the vast majority of people supporting this ‘privileged class’ have no desire to rule, they are only interested in their own welfare. However, the even smaller privileged class¹ that they currently support most certainly do. Furthermore, be they capitalists or socialists, or even the demos (whoever they may be), the ruling elites always claim that they represent the views of ‘we the people’.

It seems to me that the nature of the ultimate revolution with which we are now faced is precisely this: That we are in process of developing a whole series of techniques which will enable the controlling oligarchy who have always existed and presumably will always exist to get people to love their servitude. (Aldous Huxley – Berkeley 1962)

Written nearly 500 years ago and preceding Aldous Huxley’s remarks, the prescience of Étienne de La Boétie ought to be remembered for his essay The Politics of Obedience — The Discourse of Voluntary Servitude. Both are now largely forgotten by a demos that loves its voluntary servitude under a controlling oligarchy. However, searching for a political system on which there would be a consensus in the nature of a more perfect union is a fruitless task, as is any reliance on ‘we the people’ seeking political solutions to their subjugation. Read more of this post

A Golden Shield and A Great Cannon


This week on Facebook: In researching ‘internet censorship’ the question of ‘control‘ is a word frequently used but I’m not convinced that it is correct. Control of the internet is simply the means to an end and it is the regulations a State applies to internet use that determines its use. In other words State control, through regulations backed by the law that the State applies as ‘rules’ to its use¹. Read more of this post

What is the EU?


This week on Facebook: Following a defeat (yet again) of Theresa May’s Brexit plan by the UK parliament, the following may be of interest. They are articles on Brexit provided by the USA (European Union), Al-Jazeera (European Union News), Germany (European Union), and a video (7min) providing a good description of how the EU actually works.

It’s impossible to discuss the European Union¹ (EU) without mentioning Brexit and I have written a lot about the EU — often with a somewhat cynical view about Brexit. It has been my assumption (wrongly as it turns out) that people knew what the EU was, what it had become and where it was heading! Where the EU is heading is a difficult question to answer and one that only provides hypothetical answers, especially when the question is asked in the context, “What is the EU?”. Read more of this post

A Hostile Activity?


This week on Facebook: Interpretation of the rule of law brought about the English Civil Wars, vexation over it created fertile ground for the American Revolution and it is (probably) the main cause of the present split between the UK and the EU (Brexit). Last week I posted about ‘The Rule of Law‘, and on the Sunday before posted an article from the Oxford Human Rights Hub (OHRH)¹. The OHRH compared the Chinese Communist Party (CCP) support for the ‘Rule by Law’ and its meritocratic abuse with the democratic ‘Rule of Law’ espoused by governments in the West.

To my mind there is a very fine line between the two with personal wealth and influence being the key to justice under both, with the OHRH claiming that the distinction between the two is more than semantics. While both police law’s rules, the OHRH states that the formulation of the rules have quite different intentions. The human rights element is considered intrinsic to the ‘Rule of Law’, however the OHRH states that in China — ‘Rule by Law’ is less about ensuring compliance with the law than about ensuring the top leadership’s control over its bureaucracy in the CCP.

Peter Oborne wrote in his 2008 book that politicians now despise the values of traditional institutions that once acted as restraints on the power of the state — the independence of the judiciary, the neutrality of the Civil Service and the accountability of ministers to the Commons.  Decades earlier in 1979 James Anderton stated that from the police point of view, what will be the matter of greatest concern will be the covert and ultimately overt attempts to overthrow democracy, to subvert the authority of the state.

Both point to a desire by politicians to increase the authority of the State and by the police to enforce the laws that do so. Increasingly the State in UK is introducing laws that increases its authority while purporting to protect the civil rights and civil liberties of its citizens. In doing so, the public administration of the UK State moves inexorably closer to that of a supreme authority who ‘Rule by Law’.

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The Rule of Law


This week on Facebook: Last week the case of Shamima Begum caused me to consider the Rule of Law, this led me to the rule of law as being a modern concept, despite the connection with Aristotle (1). The rule of law is regarded as being fundamental to the governance of the UK and is taken by some to be included in the Magna Carta, or implied by it (2). What Magna Carta (the document) actually proscribes is entirely different from that which it is generally proscribed to it (3).

The significance of Magna Carta lay not only in what it actually said but, perhaps to an even greater extent, in what later generations claimed and believed it had said. Sometimes the myth is more important than the actuality. (Lord) Tom Bingham — The Rule of Law (p19)

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The Rule of Law, Remorse, Shamima Begum


This week on Facebook: Last year I posted ‘A law to cure!‘. The question that we continually seem face and perhaps should address is the need for new laws and changes to old ones. The English resort to the magna-carta as a source of their rights in Common Law and in response I posted Magna Carta: No longer law.

The truth is rarely pure and never simple. Oscar Wilde

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Compassion, Gershwin, & a quiz


24/2/2019 — Sunday on Facebook: I have been trying to write a post about compassion fatigue for some time now. The compassion fatigue I want to write about is not that experienced in the so-called helping professions who know as much about the limits of empathy as they do about its merits. Studies of oncology nurses, trauma workers and even marriage counsellors, among others, have documented a common “compassion fatigue” that seems directly related to the amount of emotion shared. What I wanted to write about is the compassion fatigue that we all experience when reports in the media makes us become compassionately numb. Read more of this post

Frankenstein and AI


This week on Facebook: Sometime in the early 90s I remarked to my European colleagues that supermarkets were turning us all into ‘battery hens’, in that we were all (however unwittingly) in thrall to the power of ‘marketers’ who exerted influence over our buying habits. I had no thoughts at the time that Artificial Intelligence (AI) would make my remark in the early 90s prescient and how the ‘battery hen’ analogy, when applied to AI, would have an increasing impact on all aspects of our lives.

It is true, we shall be monsters, cut off from all the world; but on that account we shall be more attached to one another. Our lives will not be happy, but they will be harmless and free from the misery I now feel. Frankenstein; Or, The Modern Prometheus by Mary Wollstonecraft Shelley

Yet more A. P. Herbert!


This week on Facebook: I have loved reading A. P. Herbert’s parodies of the law in Misleading Cases. Having followed the legal escapades of Albert Haddock on television, although the series was not entirely true to the storyline. However, my favourite A. P. Herbert character from the books is Sir Ethelred Rutt, used last week as the model for the protagonist in my story ‘Men in Black’. Herbert didn’t always use the same characters in his stories and I’m sure that he would disparage the world in which we now live. In the last story, I’m sure that the abilities involved in the letters that Mr Sleep wrote are now superseded by in the inabilities of those writing ubiquitous emails. Read more of this post

Short Stories


This week on Facebook: I have decided to have a lazy December, which turned out to be not as lazy as I had assumed. Nevertheless: December 2018 is going to feature reprises from Aasof’s Reflections beginning with some short stories that I have enjoyed writing. Clearly my first love is web research and I have enjoyed writing and researching material for all of my short stories. The following (in chronological order) are a selection of those that I enjoyed writing and researching the most.


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Am I my Brothers keeper?

Martin Widlake's Yet Another Oracle Blog

Oracle performance, Oracle statistics and VLDBs

The Land Is Ours

a Landrights campaign for Britain

The Bulletin

This site was created for members and friends of My Telegraph blog site, but anyone is welcome to comment, and thereafter apply to become an author.

TCWG Short Stories

Join our monthly competition and share story ideas...

The Real Economy

Blogs and stuff from Ed Conway

Public Law for Everyone

Professor Mark Elliott

Bleda

Am I my Brothers keeper?

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