Robert Sharp

Pupil Barrister

Page 262 of 328

Happy Birthday, USA

Liberty Hall, Pennsylvania
We all know how common it is for politicians to lack self-awareness. If they did not make their ill-thought, contradictory statements on a regular basis, then satirists would be out of a job. It is the sincerety of the politician that makes the satirist funny.
It is also funny because we assume that the politicians in question do care about what the public thinks. We assume that they value their reputation, and that they will not be happy to see it eroded through mockery. This acts as a check on their actions. If they will not avoid the contradictory or the counter-productive because it is right, then at least they will make an attempt to do so in order to preserve their standing.
America is in the midst of a crisis, a breakdown in the realtionship between its Executive and the people. Most recently the focus has been on Vice-President Dick Cheney’s rejection of any kind of scrutiny of his role and activities from Congress. Meanwhile, President ‘King George’ Bush has just commuted the sentence of Lewis ‘Scooter’ Libby, who was convicted of perjury. Senator Barak Obama’s statement gts to the nub of the issue:

This decision to commute the sentence of a man who compromised our national security cements the legacy of an Administration characterized by a politics of cynicism and division, one that has consistently placed itself and its ideology above the law.

Both Bush and Cheney have been accused of acting in a ‘regal‘ manner (via Andrew). In the case of both men, and in contrast to other politicians who face criticism, the ‘self-aware’ streak seems to be missing. Its no longer the ironic-tragic-oxymoronic policies of giving up rights and civil liberties in order to protect “freedom” or “our way of life”. By treating the law with contempt, by applying it arbitrarily, they are perpetrating exactly the kind of offence which caused the founding fathers to declare themselves independent from King George III:

He has affected to render the Military independent of and superior to the Civil Power;

For depriving us, in many Cases, of the Benefits of Trial by Jury;
For transporting us beyond the Seas to be tried for pretended Offences;

Many people say the reason for this imperviousness to public opinion is that both men are effectively ‘lame ducks’. Neither are seeking a further term of office. This explanation only goes so far, however. Even ‘lame ducks’ have a party, and should understand that their conduct reflects on their political colleagues. They also have a political legacy to think about. Their carelessness seems of a more pathological nature. I am not sure which is more worrying – the notion that they simply don’t care, or the notion that they are simply unaware of the gravity of their actions.
Either way, I fear that many of the shields a citizenry can use to protect themselves from abuses of power, such as debate and satire, are no longer effective. It needs a noisier, angrier response – The righteous indignation of Keith Olbermann over the suave satire of Jon Stewart.
The White House, DC

Johnston released

Alan Johnston just after his releaseIts very good news that Alan Johnston has been released from captivity in Gaza. Today would be a good day to remember that five Britons are still missing in Iraq (why do we not hear much talk about them) and that captured Israeli Gilad Shalit is still being used as a bargaining chip by Hamas – the same organisation which secured Johnston’s release.
Mordechai Vanunu after his abductionI did notice a strange similarity between one of the frantic snaps of Alan arriving (or is he leaving) in a car, and the iconic image of nuclear whistle-blower Mordechai Vanunu after his capture in Rome. Two balding men with their hands up against the glass – one man on his way to freedom, the other on his way to captivity.

Terrorists and the NHS

I’m sure elsewhere in Blogistan the wags are enjoying the news that all the recent terror arrestees worked for the NHS. No doubt someone will suggest that working under Patricia Hewitt was enough to drive anyone to extremism; no doubt others will quip that the doctors turned to terrorism after failing to secure a job through MTAS. Some might try to suggest that the obvious ineptitude of the terrorists proves what poor quality personnel the NHS is employing these days…
Listening to the radio reports just now, I noticed the repeated use of the phrase ‘linked’. Usually, we hear it as part of that nebulus catch-all, “groups linked to Al-Q’aeda”. To hear instead that the men were “linked to the NHS” manages to portray our Health Serivce in a rather sinister new light.
Perhaps the NHS should be more like Al-Q’aeda. Many people have been saying for many years that the individual hospitals and trusts need to behave in a more autonomous fashion. They should be set a target and left to reach it in whatever manner they see fit. Not unlike a terrorist cell.
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Life Goes On

After the terror attacks in London and Glasgow, there’s obviously been a lot of analysis and opinions flying around, from the mainstream media, security analysts, bloggers and the general public. Its interesting to see how most people are adhering to the idea that life should go on, and that these attempted suicide attacks should not provoke a draconian curb in civil liberties. To do so would hand the terrorists a victory.
For what its worth, I think Gordon Brown, Jacquie Smith and Alex Salmond have hit the right note, with their calls for unity and calm. Dave Hill seems to agree.
Over at the Devils Kitchen, Nosemonkey makes an interesting, if flippant point in the comments:

I believe in taking the piss when they cock up, and diminishing the status of the terrorist bogeyman. Terrorists exist to spread terror – make them a figure of fun, they fail, even if the occasional success does manage to kill a few score people and freak us out for a bit.

I’m not sure about making jokes about the attack, although I would suggest that the “life goes on”, “I’m not bovver’d” attitude also contributes to the diminishing returns of terrorist attacks in the UK.

Religious Belief and the Age of Consent

You may recall a case from a few weeks ago, in which a girl named Lydia Playfoot took her school to the High Court. The school had not allowed her to wear a chastity ring, which she argued was a representation of her religion. Over at the Ministry of Truth, the prolific Unity has pointed out that the girl’s father, and the people who assisted in her Human Rights claim, also run the UK franchise of the Silver Ring Thing (via DK). The court case doubles as a fantastic publicity campaign for the chastity course, which makes money selling the rings and merchandise to those who take the pledge.
This revelation chimes in with the unease many people felt over the Playfoot case, as with the Shabina Begum case two years ago. The idea persists that Lydia was “put up to it” by her father, just as the influence of the hard-line Islamist group Hizb ut-Tahrir was cited in the Begum case. Personally, I don’t think such “influence” captures the full story in either case – both Lydia Playfoot and Shabina Begum clearly hold strong beliefs and do not seem to be anyone’s puppet.
Nevertheless, I think both cases grate on the consciousness for the same reason, which is that the symbols (ring and Jilbab) evoke a religious imposition of chastity. This in turn is linked to ideas of male ownership of women, and the use of religion to impose control over women. As Mark Morford writes in his discussion of ‘Purity Balls’, this is a distasteful concept in itself, but also one that leads to a “wanton sexual stupidity” that is dangerous and miserable (via Tygerland).
This concern was not the basis on which both Playfoot and Begum eventually lost their cases. Instead, the cases centred around how the expression of their faith impacted on other people. The rights and wrongs of their personal convictions were not questioned, nor was the sincerity of their convictions. Perhaps they should…
Andrew Sullivan of The Daily Dish has been running a discussion on the genital mutilation of children for religious reasons. While FGM is obviously much worse, Sullivan points out that MGM is still a ‘scarring’ to which the child cannot possibly consent. ‘Consent’ is an interesting word here, since it unites sex and religion once more.
Many countries around the world, including the UK, have an Age of Consent law. By stipulating the age at which one can legally be said to have given consent to sexual relations, it effectively says that children under that age are not capable of making such an important decision for themselves. However, I do not believe such laws exist for the adoption of a religion. This is in many ways odd. Choosing a faith (or none) is arguably a more important decision for a person, than whether to have sex or not. Most religious people cite their faith as the most important thing about them. They would surely be the first to agree that it outweighs the very human choice over whether to indulge in intercourse or not on any given evening.
Its a conundrum for the religionists, who are happy to use the language of choice, responsibility and rights when it comes to promoting their faith, yet deny similar choices can exist for sex and sexuality. I say that if a fourteen year old is old enough to make a decision about their God, then they are also ready to make a decision about sex! Alternatively, if a fourteen year old cannot make a responsible decision about sex, then they cannot possibly make a responsible decision about God. Note how children like Lydia Playfoot are only deemed capbable of making a responsible choice when they choose chastity. In that case, is it any kind of choice at all? Should it be respected in human rights law?
My suggestion is to broaden the definition of the ‘Age of Consent’ to include a consent to religion too. By this rationale, children could still, of course, wear religious symbols in school… but below the age of consent, they would not be deemed, in a legal context, to have chosen to wear those things for themselves. Rather, they have been dressed by their parents. If religionists wish to assimilate young members into their Church, and use their ‘choices’ as the basis of a campaign… then they have to allow those young members the choice to have sex too. Alternatively, if they cannot stomach such a permissive idea, then the religious choices of school-children can no longer be the basis of a Rights campaign in the courts.
Either way, The ‘Age of Consent’ will remain a law designed to protect youngsters from the predatory influence of adults.

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