Pupil Barrister

Month: August 2018 (Page 1 of 2)

Peter Kimani on The 'Complicity' Between Abuser and Abused

There’s an interesting passage in Peter Kimani’s Dance of the Jakaranda about the conspiracy of silence between those who are abused, and their abusers:

One unspoken rule about warfare—some Indian traders instantly recognized this as warfare—is that neither the victim nor the villain is willing to tell what truly happened afterward; the motivation for the former being to minimize the degree of hurt and loss, which intensifies at every bout of recollection; the explanation for the latter being to disguise the full extent to which one’s humanity is diminished by brutalizing others. So the trail of blood left on shop floors was wiped away silently by the women who had lain there spread-eagle—the stream of tears sufficient to wash the drops of blood away—while traders who had lost entire life savings kept under the mattress denied losing more than the day’s collection. Either way, the books were balanced: in one strike, lifetime gains were wiped out, while the inflicted pain left scars that would last a lifetime.

When I interviewed Peter earlier this year I asked him about this. That part of our discussion never made it into the final edit of the interview, so I thought I would publish an edited transcript here. Continue reading

Why Are We Following Panic Brexit?

On the morning of 24th June 2016 I wrote a post on my blog entitled ‘Here’s What We Need To Do Now’.

Here's What We Need To Do Now


The ‘we’ in that post were the Remainers. I recommended we refrained from moaning about racist, insular Brexiteers and instead adopted a conciliatory attitude. To accept that a bad decision had been made but then endeavour to make withdrawal from the EU work.
None of that happened, of course. Continue reading

For Alex Jones, The Slippery Slope Argument Doesn’t Work The Way You Think It Does

The news that conspiracy theorist and inciter-to-violence Alex Jones had been simultaneously banned from several social media platforms sparked several days of debate and comment – on both mainstream and social media. At stake were questions about the wisdom and efficacy of such a ban, and the acceptable limits of free speech.
A common argument trotted out in several quarters, including by me, was the ‘slippery slope’ argument. It might seem acceptable to ban someone unpleasant like Alex Jones, but who might they ban next? First they came for Alex Jones, but I was not a dangerous snake-oil salesman, so I did not speak up… Continue reading

Two Conceptions of Free Speech in Ancient Athens

I’m really enjoying ‘Clear and Present Danger: The Free Speech Podcast’ hosted by Jacob Mchangama. Its a comprehensive tour of the concept of freedom of expression. It begins in ancient Athens and there are episodes on the Romans, early Christianity, freedom of thought in the Islamic world, and how heresy was persecuted in medieval times.
One crucial piece of information about the concept of freedom of expression, which I think is desperately relevant to our modern debates and disputes, comes in the first episode. Mchangama points out that there are actually two philosophical idea embedded in the Athenian conception of free speech and which drove their democracy. Continue reading

My remarks at the UCL Institute for Advanced Studies round-table on 'Lies and the Law'

Last week I posted a quote from Dr Alex Mills of University College London, on Facebook’s woefully inadequate Terms & Conditions that related to defamation. That was drawn from a panel discussion I participated in on 22 March 2018 hosted by UCL’s Institute of Advanced Studies, entitled ‘Defamation – A Roundtable on Lies and the Law‘.
Here again is the audio of the panel discussion, and for for completeness I have pasted my remarks below too. The other participants were by Dr Alex Mills (UCL Laws), Prof Rachael Mulheron (Queen Mary Law) and Dr Judith Townend (Sussex Law). The discussion was chaired by Harry Eccles-Williams, Associate at Mischon de Reya. Continue reading

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