Pupil Barrister

Month: August 2007 (Page 4 of 4)

Notes for Michael

Congratulations, dear brother of mine, on your recent ‘swearing in’ as a Police Constable. You are now officially an agent of the state, and we have given you power over us so you may act as our protector, an enforcer of our laws.
It is natural that you will wish to do the job with which you have been tasked in the most effective and efficient manner possible. Without doubt, it is this noble sentiment that has led some of your colleagues to call for more powers: To detain suspects for longer without charge; and to retain our DNA on a database. It must be frustrating when we prevaricate over such requests.
Remember that there are two kinds of freedom that we strive for. The first of these is freedom from the harrassment of other individuals. By enforcing laws and catching crimminals, you are ideally placed to offer protection against the people who would do me harm and steal my laptop. However, we also require freedom from harassment from the machinery of state, a machinery of which you are now a part. It is therefore much more difficult for you to protect us against this threat, and you may only be able to do so through inaction, rather than the more proactive approach that you will be trained in.
In the week that you take up your duties, you might find it offensive for me to talk about state harassment and abuse of powers. Please remember that when we make laws, set bench-marks and draw moral lines on the pavement, we must do so for all time, and all situations, for all citizens. I know I can trust you, and I hope I can trust the men and women you will be working with next week. But we already know that not all those who join your service are worthy of that trust… and to trust all politicians would be foolhardy!
Read Matthew Parris on ID Cards:

I just don’t want to give government — any government — that much control … I oppose them because evasion, deceit, even crime, and the irregular organisation of one’s own affairs, are part of a citizen’s weaponry of last resort against State oppression. They are weapons I may never need, but I need to know they are there.

Read David Eastman on Anonymity:

Its when computers talk to other computers that liberty disappears. Because a computer can correlate countless bits of data and create new records that would take many humans exponentially longer to do. And that gap, or grace period, is actually where anonymity lies, or did.

… or, for that matter, on civil liberties:

The outgoing Mr Blair bemoans how hard it is for the authorities to fight terrorism and maintain civil liberties. That to me seems a reasonable balance. Terrorism and road accidents are comparable; they are bad and sometimes preventable, but are a result of modern urban life.

Civil liberties on the other hand are the glue that allows trust between those who govern and everybody else. Without that trust, modern life is impossible. There is little point in being protected from one set of arbitrary beliefs only to be subject to another.

I’m afraid the obstacles we place in your way, and the high-standards of proof we set, are all necessary. Yes – it is a problem that the two types of freedom, the two types of protection, are often antagonistic. It is a paradox that giving you more powers to protect us in one way, will actually end up harming us in another. It is a paradox that your occasional failures might demonstrate the success of our system. In striking the balance between the two, we are in effect asking you to do a job, and then willfully hampering you in your efforts! Its a devil of a task… which is precisely why we respect you for taking on the challenge.

Shark Attack in Gloucester!?

I greatly enjoyed Oliver Burkeman’s take on the silly season earlier this week:

A whale, tiger or escaped pig caused hilarity or uproar after it was spotted in the Thames, on Dartmoor, or openly wandering through the streets of Nottingham, according to prominent reports in all newspapers. The surprisingly located animal became an unlikely hero, and was given a cute nickname as the whole country watched the drama unfold on Sky News.

And already we find that life imitates satire (again) with the news that A minke Whale has been causing a furore up in Fraserborough Harbour.
Yesterday I realised how amazing it would have been if the shark story had occurred in the same week as the floods. We all felt sympathy for those on the flood-plains who found their living-rooms submerged in five feet of water… but just imagine if a shark had been swimming around too! It would have been like the Beast of Bodmin, only for sharks.

Alcoholic Elephant in the Smoking Room

When the news came that Cannabis was to be reclassified as a class B drug, I had expected there to be something of a reaction from the British Blogosphere, which has a healthy Libertarian bias. Back in the office after a week without proper internet, I found precious little online writing on the subject. I reasoned that this might have had something to do with the Lancet Report (and podcast) into the effects of cannabis use, and the associated risk of psychosis.
However, I had reckoned without Tim Worstal and his excellent statistics.

So, does 0.2% of users being harmed pass our test? 0.05%? 0.01%? Even at that higher number it’s still vastly lower as a percentage than the numbers harmed by either tobacco or alcohol: and yet they are both legal. I’d wager very long odds that it’s lower than the STD infection rate on one night stands: which are also legal. I’d even take an evens bet on whether it’s less dangerous than playing golf in a thunderstorm which while stupid is also legal.

Just another example of bansturbation I’m afraid, this time it’s the social authoritarians in the Tory Party getting their rocks off over the matter. Heaven forfend that the citizenry should actually be free to go to hell in their own preferred manner.

I think the comparison with alchohol is important here, because it highlights an essential contradiction at the heart of the debate. Both alcohol and smoking are legal, despite being harmful. Why not cannabis too?
Throughout, it has been noted that the skunk on the streets is far more powerful and harmful than the milder forms that our cabinet smoked as students. Aside from looking like a convenient get-out clause for those who have admitted to a toke or two twenty years ago, it also ignores the fact that there are many different types of cannabis in circulation.
In any case, is the undoubted potency of modern skunk an argument for legalisation and regulation, or further crimminalisation and marginalisation? The recent orthodoxy claims the latter, and says that because cannabis is so harmful, it should be banned. But that is analagous to saying that alcohol should be banned because Moonshine is so toxic! Just as there is a world of difference between the causual, weekend wine-drinker, and the serious alcoholic with his Vodka or (worse) bottle of Meths… so there is a difference between a weekend spliff in the garden, and a heavy skunk-user putting himself at risk of psychosis. It would be nice if someone stated that either drug, in moderation, does make the parties and the conversations a little more interesting (to the partakers, at least)… but that consumption to excess can lead to a lack of productivity, and then serious damage to one’s health. The absolutist, binary debate on this issue is unhelpful and unlikely to wash with the young people who need to be so well informed.
I think a more compelling argument against casual drug use, is that it provides financial support to gangsters. The usual mitigation for cannabis use is that it is a victimless crime. At present, however, there is no way of knowing if this is actually true. Illegal drugs do not come with a ‘Fair Trade’ certificate to reassure you that no human-traffickers, Russian Mafioso or Jamaican Yardies have profited (or indeed, been murdered) during its production and bagging. When politicians admit to trying cannabis at university, they are always asked whether they ‘inhaled’, but never if they knew where the drugs came from. This latter question would, I believe, be more pertinent. That few politicians would be able to answer it is probably the main reason why this particular argument is sidelined in the debate.
Surely a more sensible approach to the issue would be to legalise cannabis, and then regulate it and tax it in the same manner as alchohol and tobacco. This is the only sure way to reduce the potency of the drugs being consumed. Better information about the strength and origin of their cannabis will help people to make a more informed choice about how much to consume, and lead to a reduction in associated health problems.

Troops in Sudan

It is good news that the UN is taking action on the Sudan crisis. Clearly any action to stop the massacres of civilians in Darfur is to be welcomed, even if many believe a UN resolution should have been made a long time ago.
However, I’m reminded of Jeffrey Sach’s analysis of the Darfur crisis, during his Reith Lectures in the spring. If the conflict in Darfur is borne out of scarce resources, especially water, then the presence of soldiers in the region will not solve the underlying problem. Military intervention here needs to be backed up with humanitarian intervention. That’s the next step.

FOUND and Kimho Ip

Artists mixing tunes, live, while Dim-sum is cooked
The artists/musicians from FOUND remix some of the melodies created by Kimho Ip’s Yang-chin, a traditional chinese instrument.
We were at the Out of the Blue Drill Hall in Leith for a content gathering event, watching a chef prepare some Dim Sum (which we then ate). FOUND will use the audio and video they captured for a new composition, to be performed at the end of the Fringe Festival.
In the meantime, they will be launching their Ettiquette project at the Edinburgh Sculpture Workshop this Saturday. I can’t make the event, but it will apparently feature an entirely new set of music. Its always fun to see what these aimiable and slightly hairy “pop chancers” come up with…
One interesting (although highly incidental) aspect of FOUND’s various projects is their use of a blog to document their activities. The advantage of this is that they do not need to write a lengthy essay at the end of each project, justifying their activities to their funders and sponsors. The blog acts as this documentation.
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