Skip to main content

A shark jumping ham sandwich?


Glenn Reynolds has now published his promised (see previous post) article on due process in a time of over-regulation. He has called it Ham Sandwich Nation: Due Process When Everything is a Crime. You should read the whole thing. It's short. He encourages readers to offer their own suggestions for improvement. Do.

It has already generated some traction. At the Atlantic Conor Friedersdorf has a put out a piece entitled 8 Ways to Stop Overzealous Prosecutors from Destroying Lives and at The Volokh Conspiracy Randy Barnett has a long blog post on it.

I was entertained also by Glenn drawing attention the other day at Instapundit to this passage in Ayn Rand's Atlas Shrugged:

Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against – then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now, that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”
Glenn comments that the US hasn't reached this state. Yet.

With Australian Federal Attorney General Nicola Roxon current proposed changes to Federal Anti- Discrimination Laws now potentially exposing all Australians to prosecution simply for someone taking offence at what they might say, we Australians may be fast approaching the state Dr Ferris describes in the above passage.

Nicola Roxon is a Fink.

I just wanted to get that statement in while I still think I can. That is without being prosecuted for "misogyny" (under in the new watered down, expanded and revised definition now adopted by the Macquarie Dictionary after the Prime Minister's manifestly incorrect use of the word under parliamentary privilege, but with such effective and acclaimed political venom against her male enemy) or "publicly supporting opposition to the rule of law", or some other new trumped up offence. One gets the distinct feeling with the current ruling mob that it's only a matter of time before such behaviours will be criminalised.

I take offence that there are so many offences. So who do I sue? The guvmint?






Comments

Popular posts from this blog

Michael Jackson, martyr ?

. Someone has to die for their beliefs to be a martyr . Drudge pointed to headlines last Friday saying that Jackson's was a " Death by Showbusines s". So in the sense that Jackson seems to have died for his belief in celebrity, yes, he might be called a martyr. I never got Michael Jackson. Thriller didn't thrill me at all ( Now Noel Coward, that's another story ). But I did get a bit of a kick from seeing others get him. He was boppy and catchy and slick, as well as monumentally fluffy and hugely impaired. What I struggle with is the apparently massive consequentiality of fluffiness and impairment like Jackson's. What is the fuss about the passing of a semi-talented song and dance weirdo from decades past? Boris Johnson, the London Mayor, has had a stab at explaining it to we mystified souls who struggle to get with the programme. He reckons it's just like Princess Di. And I agree, to the extent that I was almost as unprepared for and dumbfounded by th

Rugby bureaucrats, Stalin's spawn?

In recent weeks two larger than life Rugby players have experienced the tyranny of justice in a universe even more capricious and hostile than their sport: the world of sports officialdom. First Bakkies Botha , the great and brutal Springbok second-rower, got a raw deal from some small minded and ignorant Rugby officials. They banned him for a couple of matches over an incident that any disinterested rugby fan will tell you happens at nearly every ruck in every game of rugby: the clean out. The Springboks protested this dumb decision by each Springbok player wearing an armband saying "JUSTICE 4 Bakkies" at the following Test match against the British & Irish Lions in Jo'berg. And now the Springboks themselves have been cited by the International Rugby Board for "bringing the game into disrepute" and breaching the "IRB Code of Conduct" by questioning the disciplinary rulings of IRB sanctioned bodies. From little stupidities, big stupidities grow

Perpetual pretenders proclaiming possession of Truth ... (fact check the fat cheque)

Samizdata.net  have pointed me to an article in Public entitled " Nacissism of the Fact Checkers ". It's a sobering though disturbingly unsurprising read.  It adds to the litany of distressingly wrong facts that have been endorsed and perpetuated by the "official narrative" and with the reciprocal suppression or censorship of correct "falsehoods".  Here's a list of such behaviours by fact checkers from the article: - calling out a self avowed parody site for misinformation on the Paris riots for posting a typically over the top clip from the action movie "Fast & Furious"; -  that claim by the New York Times, AP and the BBC that fake news travels 6 times faster than the factual news, turns out to be fake news itself. The claim is based on a single MIT study on small number of tweets , not news. - Facebook removing 20 million posts, and labeling 190 million posts about Covid-19 as "content moderation" because those posts did