Tag: Jonathan Sumption

  • Unforgettable Year: April 2020

    April is generally associated with fresh flowers and cooling rain showers. It is also the dreaded deadline to file taxes. Whether you were enjoying the foliage or sitting down to calculate your tax refund, I think we can all agree that April was particularly cruel this year due to the Covid-19 pandemic.

    That month Frank Armstrong examined the underlying conditions exacerbating the pandemic in most Western countries:

    The dangers posed by this outbreak, and future ones that nature will throw at us, require a thorough reappraisal of public health priorities. Medical systems in advanced Western countries – especially those dominated by the private sector – tend to prioritise treatment of the symptoms of the main non-contagious diseases. We ‘live’ with cancer and heart disease as opposed to addressing multifarious lifestyle causes, which the virus is now preying on.

    As Boris Johnson’s predicament underlines, anyone is susceptible to Covid-19, but chances of exposure – without recklessly ignoring medical advice – are often determined by social class, which intersects with lower life expectancy already.

    NGO worker Justin Frewen drew on his experience of the Ebola epidemic in Guinea. He recognised that ‘the potential onward transmission of Covid-19 is far greater than for Ebola, as it does not require direct physical contact with the carrier of the virus.’ By that stage, however, it seems it could not ‘be transmitted through the air directly which would greatly increase its range and ease of transmission.’

    Frewen also recalled the failures of the WHO during the Ebola epidemic, and speculated as to whether the organisation had been too slow, again, in controlling the outbreak.

    Meanwhile a pandemic doctor was steeling himself to the arrival of the grim reaper:

    By recognising what death is we recognise what life is. That is maybe why this feels like such a moment of quickening. Death has come knocking at our doors and we are forced to open and acknowledge him. The door will close again, but the collective memory will remain, and when the pandemic is over this may help us to invest life with more meaning.

    Another pandemic doctor surveyed the chaos in Ireland’s care homes, in an article that was subsequently republished on the state broadcaster RTÉ’s website:

    Last I saw her, rendered unrecognisable behind sheets of dehumanising plastic, she clutched at my hand with her failing limbs and begged me not to leave. But in every room, each now unadorned with the usual ersatz trappings of home and identity one finds in nursing homes – photographs, homespun blankets, love letters from grandchildren – fellow residents lie awaiting their rushed assessments. Oxygen saturations, pulse and respiratory rate, a survey of existing co-morbidities, and finally resuscitation and transfer status to be revisited and revised: who might possibly be saved by hospital transfer, and whose last comfort would be the inevitable cocktail of morphine and midazolam, slipped quietly under the skin at intervals until death arrives.

    The pandemic created an enormous burden on the finances of most European States. By April according to Kyran FitzGerald the E.U. was teetering on the brink:

    Across Europe, national Governments have moved to tackle the crisis by propping up incomes. Northern European states tend to have efficient bureaucracies and reasonable resilient national balance sheets. But even in places such as prosperous Denmark, there are concerns that many businesses will not reopen after what is increasingly looking like a long shut down.

    The picture in Southern Europe is as mentioned much more bleak. In Italy and Spain, there is a real sense of let down amid the crisis, though better off nations like Germany have latterly moved to show solidarity by sending supplies and flying some patients from Eastern France and northern Italy to their hospitals for treatment.

    Lockdowns…

    Dmytro Sidashev / Alamy Stock Photo

    The lockdown will live long in cultural imaginations, and as an instrument of government control; its pros and cons will be debated endlessly. We published an account from China, where the policy first emerged by an anonymous correspondent, who saw it as the beginning of another Cultural Revolution.

    I had booked a hotel – but ended up alongside five families living in a large apartment for seven days. Only two of us were allowed outside to buy food – everyone else had to stay inside. Before leaving we were covered head-to-toe, in gloves, face masks and head coverings. On our return we went through elaborate cleaning procedures before re-entering the apartment. We had to remove our ‘outside’ clothing and spray everything with 75% alcohol.

    No cars with registrations from outside the capital city were allowed in. The schools were on holiday and due to return the first week in March but are still closed all over China. Only students doing important exams at the end of term will be allowed to return initially, which hasn’t happened yet.

    Leaving Beijing, I returned to my home city of ****. You are supposed to scan your phone so they can track potential carriers arriving into the city – which I hadn’t, having used a private firm for the airport collection. This meant my car registration didn’t show up on the cameras. So the next day the authorities were in touch to find out how I made it back from the airport.

    Italy was the first European country to adopt the measure, and from Piedmont Silvia Panizza observed how the confinement was diminishing her physical health:

    Our bodies, already weakened by sedentary lifestyles, are becoming weaker, muscle-mass decreasing quickly through lack of exercise. We do what we can, setting up home gyms, doing yoga in our bedrooms, a few push ups in the morning. No running, swimming, no going for walks; hardly breathing in the fresh air, panting, moving, or sweating. I do a little gardening in pots on the balcony, which I hadn’t done before. All of a sudden tomato seeds seemed the most important item on my shopping list during my weekly, stressful visit to the supermarket.

    It was a particularly challenging period for older people who were advised to cocoon in Ireland, another unwelcome neologism from this period. Fergus Armstrong reflected on the experience:

    We can have a gnawing sense that our civilisation got things wrong, that it is being, somehow, punished. A year ago I heard a retreat-giver say that we had lost the ability to read the signs of the times. We had belonged, or thought we belonged, on a planet that although under threat, and although subject to disaster more or less randomly distributed, was broadly on a path of progress, of improvement, even for under-developed regions. Nature mostly provided balance and harmony.

    Modern science reinforces this optimism at the cosmic level. We now know that the total universe that includes our Milky Way as one of nearly a hundred million galaxies has been expanding since the Big Bang. But if the rate of its expansion had been even a millionth of a percent slower, the whole thing would have collapsed, imploded in upon itself. There was fine tuning. Now trust is at issue with a particularly severe jolt for the Western world. It could be said that most of our strategies of coping are in the nature of distraction. To the extent this is so, the underlying unease remains. Call it dis-ease in fact.

    While over in Porto, Brazilian Fellipe Monteiro observed:

    What I, other immigrants, and the Portuguese hope is that we can return to the life we had before, and be able to leave this prison, without bars, that our homes have become. While we try to renew ourselves, the city is still and visibly lacking the energy and joy of the local population.

    What is most intriguing in this situation, at least for me, is that we are trying to reinvent ourselves. For example, I have started to cook a lot more during these days of confinement, learning new recipes, in addition to adapting the house for new activities we never used to do at home, like dancing and exercising.

    Despite everything I believe that together we will overcome this difficulty, which is happening on a a global scale; staying at home admiring the birds and their songs that echo along with an inaudible cry for freedom from the citizens.

    In Sweden, however, a softer approach was being taken to the pandemic, the merits of which, or otherwise, are also still being fiercely debated. A correspondent based there revealed the philosophy underpinning the policy:

    The Swedish approach to the Covid-19 pandemic is a sign of underlying differences in how they understand morality in the public sphere, and how they relate with each other: this comes from a more utilitarian perspective.

    Utilitarianism has earned a bad reputations as it has been incorrectly conflated with crude capitalism, when it is really about taking peoples’ wellbeing seriously, or ‘the greatest happiness of the greatest number.’ As Jeremy Bentham and John Stuart Mills understood it, utilitarianism is extremely equalitarian .

    Notably, the Swedish government has taken the advice of moral philosophers who come from a moral utilitarian perspective. The core difference between their approach and what we are seeing for the most part elsewhere is they attempt to avoid an understandable reaction to save lives immediately. They put aside an emotional response and consider the future consequences.

    Also, across the water in the United States, Bull Moose was typically bullish about opening up, in a dispatch from Atlanta:

    What the hell? Most people in the U.S. appear to be freaking out about Georgia ending its lockdown before anyone else. Even Trump weighed in, saying he disagreed with Georgia Governor Brian Kemp. As we stand, restaurants here opened yesterday, as have bowling alleys, parks, nail salons and other facilities. The State also just declared its one thousandth death from COVID-19.

    On April 2nd Kemp admitted that he didn’t know that this coronavirus could spread asymptomatically, something the world knew since late January. Kemp may be an idiot, but that doesn’t mean he was wrong to re-open Georgia’s economy. With all respect to those who have lost loved ones or suffered from a bout, it’s time collectively we get back to our new normality.

    Earth Day

    Image (c) Daniele Idini

    April 22nd marked the fiftieth anniversary or Earth Day, and leading environmental writer John Gibbons recalled how this had been closely followed by the creation of the Environmental Protection Agency under Richard Nixon in 1972, along with a host of other key environmental protection legislation, writing:

    Viewed through the political prism of today’s deeply dysfunctional and hyper-partisan U.S. politics, it seems almost quaint to recall a time when people, irrespective of their politics, religion or skin colour, broadly agreed that eliminating deadly toxins from the air that they breathed and the water that their children drank was a good idea.

    Fifty years later, the ideologically toxic Trump regime is busily dismantling large chunks of the progressive regulatory framework that the actions of the U.S. environmental movement ushered into being in 1970. Most sane people think it’s probably a bad idea to allow high levels of mercury, a potent and irreversible neurotoxin, to be released into the air from coal-burning plants.

    The Public Intellectual Series continued with assessment by David Langwallner of John Gray, the U.K.’s leading intellectual, and Jonathan Sumption the former U.K. Supreme Court judge who became an outspoken critic of lockdowns, and a defender of civil liberties first formulated in England in the Magna Carta (pictured above).

    Meanwhile Musician of the Month Niwel Tsumbu asserted the universality of music:

    It is very strange for me to hear people talk about pure ‘African Music’ that doesn’t exist – unless you go back thousands of years before humans started roaming around the globe. This concept is simply not true, and frankly, it drives me crazy when people, especially African musicians who use equal-tempered tuning with Western instruments, say so.

    We also published the lyrics of the song ‘Iguatu’ by Bartholomew Ryan:

    I sauntered up to the sertão
    in the northeast to a town called Iguatu
    to find the river
    where my cousin drowned in 1973
    the name of the river was the Jaguaribe
    they called it the dry river
    but as his sister Joan said –
    ‘there was nothing dry about it that day.’

    One surprisingly popular article explored how the Longford town of Ballinallee featured in the lyrics of Bob Dylan’s song ‘I Contain Multitudes,’ with a suggestion that it may have come about after a night Dylan spent in the company of fellow bard Shane MacGowan.

    Today and tomorrow and yesterday, too,
    The flowers are dyin’ like all things do,
    Follow me close, I’m going to Ballinalee,
    I’ll lose my mind if you don’t come with me.

    Uluc Ali Kilic in his studio in Istanbul. Daniele Idini

    Artist of the month was the extraordinary Uluc Ali Kilic from Turkey:

    My subject-matter is often the harm and destruction humanity inflicts on its surroundings, or other traumatic issues occurring in our time, such as the refugee crisis and homelessness. I try to make long-lasting artworks using plastic material which isn’t biodegradable in nature. Likewise, these artworks aim to last long in any viewers’ consciousness.

    In fiction there was the unmistakable style of Ilsa Monique Carter in Dumaine:

    Glacial and dark by design, her house inhaled the heat if by the gliding open of a sliding glass door, its hermetic seal was compromised. And like a large lung, the house then exhaled a quixotic draft of cooler air, which carried me with it out on to the balcony. Before she’d bolted the door behind me, no matter how briskly, and believe me she was… The sweet swelter had swallowed me whole.

    While Gary Grace brought us to the chaotic streets of Dublin to life after a night out in ‘A Slice’:

    Robbie was in what his friends referred to as “swaying tree mode”. This meant the slender greying hipster was pissed, his eyes barely open, and not engaging with anyone but moving slowly side to side, mouthing the lyrics to a song that wasn’t playing.

    There was poetry in English and his native Romanian from Radu Vancu.

    As well as a series of poems to mark Holy Week, including:

    A Corona Sonnet
    by Paul Curran

    With no less haste than the crisis deserves,
    All faces one mask of consternation,
    We’ve learnt, through conversing in spikes and curves,
    This virus respects no race or nation.
    Virgil could not have foreseen the Tiber
    Would fill so fast with the fallen of Rome,
    Hospitals built with sinew and fibre,
    Children in hiding, on their own, at home.
    His toll’s still rising, but Death, if he could,
    Would make no attempt to keep numbers down;
    Warm April predicates wearing no hood,
    His scythe keenly sharpened shines like his crown.
    Unfasten quick this dead pathogen’s trick
    Lest lists of the late outnumber the quick.

    And another from Billy O Hanluain:

    Stock Pile On Hope

    Walk down the bare,
    trembling aisles of your
    self. Everything dispensible
    is now after its Best Before.
    Pass by the Two for One indulgences
    of fear and doubt. Shelves stripped
    of the superfluous. The tattered packaging
    of novelties that amused us
    fade behind their
    spent Use By dates. Remembered now
    as infatuations bought to distract us.
    Is it time to close shop?
    Turn out the lights?
    Time for the din and dirge of shutters?
    We are open twenty four hours
    and we must never close.
    No matter the Feast Day.
    The Plague or The Hour.
    Turn toward that aisle within,
    so often passed in the hurry
    of what seemed to matter
    there you will find the plenty that
    always was and will be.
    Load your cart, fill your bags,
    weigh your trolley down.
    Stock pile on hope!

    Unforgettable Year: January 2020

    Unforgettable Year: February 2020

    Unforgettable Year: March 2020

  • Gradations of Evil: Neoliberalism and Neoconservatism

    Since the 1970s, the consistent presence of neoliberalism in politics alongside short, sharp bursts of neoconservatism have shaped our planet to a greater extent than any other ideologies. This has been to the detriment of all but a shrinking cast of billionaires that profit in periods of crisis, even during the pandemic. The prognosis is not good, even if the pandemic provides a porthole for the possibility of a realignment.

    Distinct Ideologies

    At one level, neoliberalism is extreme libertarianism, purged of its earlier socialist or anarchist underpinnings that were ultimately communitarian. Neoliberalism has had a tremendous influence on conservative thinking in recent times. Yet it is not conservatism in a traditional Burkean sense of conserving and preserving that which is good. Neoliberals do not advocate moderation, restraint, anti-extremism, perspective, nuance or that ill-defined word ‘balance,’ save in terms of conventional political rights such as liberty, privacy and freedom of movement.

    Contemporary neoliberals are not supporters of little people, and in effect operate against the interests of the ordinary working person in the name of economies of scale or other workplace rationalisations. It is unbridled free market extremism, engendering a tragedy of the commons.

    It did not begin this way. In its first iteration, the Austrian economist Friedrich Hayek warned against the excesses of socialism in The Road to Serfdom (1944). This was witnessed in Britain of the 1970’s with the three day working week, refuse on the streets, and the stranglehold of government by the unions. Many of Hayek’s points were valid, and I suspect he would be horrified at the political trajectory his ideas have taken. Similarly, Karly Marx was not responsible for and would have been horrified by Stalin.

    The initial idea behind libertarianism was for a combination of unregulated laissez faire economics, and the legitimation of a hedonistic lifestyle through laws and social policies. I see nothing wrong with hedonism per se – or for tolerance of human frailties more generally – and indeed have spent much of my professional career as a barrister upholding the rights of an accused to due process.

    Neoconservatism, on the other hand, is hardly even capitalist in outlook. It is really an offshoot of a more authoritarian leftism combined with a fundamentalist, morally self-righteous neocolonialism informed by ‘Christian’ values. It is associated in particular with the administrations of George W. Bush, with Paul Wolfowitz and Richard Perle its most prominent ideologues.

    Left to right: Paul Wolfowitz, Donald Rumsfeld and George W. Bush.

    Many neoconservatives made an ideological journey from the anti-Stalinist left to the camp of American conservatism during the 1960s and 1970s, with its intellectual roots in the magazine Commentary, edited by Norman Podhoretz. But anti-Stalinist does not imply a respect for human rights or the rule of law; its followers’ ambitions were simply global rather than limited to a particular country, as was the case with Stalin’s approach.

    Neoconservatism adopts the unregulated free market, but not libertarian permissiveness or due process or a respect for international law: the ends would justify any means. That is what makes it distinctly evil. It attracted money from Christian fundamentalist and the rapture movement and cohabited with authoritarian academics.

    Thus, there is a world of difference between former Supreme Court Justice Jonathan Sumption, a defender of human rights and free markets, and Tony Blair, the UK’s foremost neoconservatives. Blair is a fundamentalist Christian, a self-deluding mediocrity, who exported a destabilising jihadist war based on an absurd world view and sold it as a humanitarian intervention. He cannot really be described as a socialist – although state bureaucracies expanded massively under his New Labour – but nor is he a genuine conservative. He is simply a telegenic opportunist who became drunk on power.

    His neocon influencers were Bush and Irish-American pseudo intellectuals like Daniel Moynihan, who fused Christian jihadism with racist fundamentalism and veneration of a deregulated market. The worst of all possible worlds.

    Neoliberal Permissiveness

    While neoliberals cock a snoop at Christian fundamentalism, some perhaps even going so far as to oppose the war in Iraq, an inbuilt resistance to state intervention means neoliberals such as even Barack Obama, did nothing to heal the wounds, or address the causes of discontent in the developing world.

    I suspect the neoliberal endorsement of liberties and indulgence has in one sense been counterproductive. It may have not started with bad intentions. All were in favour of lifestyle ‘choices’: gay and transgender rights, sexual freedoms and shifting the agenda of equality towards formal equality rather than substantive equality. This involved superficial gestures such as including sufficient mixed race women in boardrooms but keeping the cleaners in the poverty trap.

    The gender equity and transgender lobby now often act in a sinister way, and represent a branch of neoconservative in all its puritanical absurdity. ‘No platforming’ esteemed academics like Germaine Greer steers young people into sexual confusion and away from political engagement. It is a disaster emanating from a preening devotion to political correctness.

    The sponsorship of the gender equity agenda by corporate America negates the real human rights agenda. These companies do not tend to fund advocates of social and economic justice, including rights to housing, healthcare and a clean, safe and aesthetically pleasing environment.

    The privatisation of healthcare and even the Bismarckean welfare state began largely under Nixon in the U.S., where neoliberalism first evolved. It was replaced by an insistence that people exercise personal and professional responsibility, which masked a dismantling of social supports.

    ‘Even Richard Nixon’s Got Soul’ (but not William F. Buckley)

    Nixon, a more sympathetic figure in hindsight – at least by comparison with latter day Republicans – was forced into healthcare privatisation by lobby groups from the medical profession, bringing into being the anti-health care system of America, where in 2018 over 17% of the country’s resources devoted to healthcare, yet it has one of the lowest life expectancies in the OECD. Moreover, industry sponsors regularly renege on private health care entitlements, through the machinations of unscrupulous lawyers. The fact of having a health care plan in the U.S. is no guarantee it will pay out.

    Nixon had his doubts and did not buy into the ideology wholesale, but by the time of Ronald Reagan’s victory in 1980 the neoliberals were firmly in the ascendancy, with disastrous consequences for Americans, as Reagan’s advisor David Stockman describes in The Triumph of Politics: Why the Reagan Revolution Failed (1986).

    A crucial neoliberal mastermind was William F. Buckley, the satanic ideologue of modern U.S. conservatism, who ostensibly venerated Edmund Burke, but subverted Burkean conservatism. Buckley helped establish the new philosophy of neoliberalism through texts such as God and Man in Yale (1953), and through his editorial of the Republican Party intellectual rag The National Review.

    Buckley moved conservatism away from the spirit of Burke’s community of souls, towards naked self-interest. This has led to the undermining, and now the actual buying of the state apparatus by the corporatocracy. Thus, under Buckleys stewardship conservatism mutated into a form of individualism tat undermined states.

    Buckley’s brilliant rhetoric was only matched by his repulsive qualities as a human being. This is all-too-evident in the 2015 documentary Best of Enemies made about his media punditry alongside the almost equally contemptible Gore Vidal during the 1968 American election. Buckley had an enormous, understated, influence in moving the Republican Party, via Reagan, towards libertarianism, and the disaster capitalism now in vogue. Buckley in fact co-opted Russell Kirk, the Burkean conservative author of The Conservative Mind: From Burke to Eliot (1953) onto The National Review, seemingly in order to get him ‘on message.’

    Yet the Republican Party and indeed much of the present Conservative party in the UK are not conservatives in the Burkean sense as aforementioned. They have become neoliberal fanatics, which is far from the origins of the paternalistic conservatism that emerged in Britain the late eighteenth century.

    Why Edmund Burke Provides a Counterweight

    Edmund Burke was a moderate conservative in the Benjamin Disraeli mould, who sought to preserve traditions he believed worth maintaining. His career was an idiosyncratic mixture of radicalism and abiding by conventions, and he believed in the desirability of change but not change for its own sake. Change should come about incrementally he believed, and with due regard to tradition; his antennae were attuned to unintended consequences.

    Edmund Burke.

    Contemporary neoliberalism has engendered a form of corporate fascism that mandates extreme conformity in working days that stretch into long evening. I doubt Burke would endorse its excesses. He believed in a form of market capitalism favouring small enterprise, as do I too. Burke was also anti-monopolist and would see dominant multinational firms, and perhaps the European Union, as anathema to the capitalism he favoured.

    Neoliberalism should not therefore be equated with traditional conservatism. Indeed if Edmund Burke was around today he might pen a text entitled: Reflections on Imminent Social and Economic Breakdown!

    Burke of course, unlike adherents of neoliberalism believed in the concept of a community, involving associative obligations and reciprocal interactions. A moral and networked community in other words. The neoliberal mentality, on the other hand, leads towards social atomisation and fragmentation, or as Margaret Thatcher famously put it: “There is no such thing as society only individuals.

    Thatcherism is contrary to the Burkean ethos. I suspect that in modern times Burke would be regarded as a Keynesian capitalist, which is precisely what Buckley was attacking in God and Man in Yale. Burke ideas also align with environmentalists as he had a sense of community as inter-generational:

    Society becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.

    He held a defined sense of the public good that was not just where the dice landed in the casino capitalism of the market. Further, though a passionate advocate of rights and liberties he was also a passionate advocate of restraint and moderation. He believed that the extension of rights should not extend to untrammelled liberties and licentious anarchy.

    Although a conservative in terms of his invocation of habit, tradition and social order, and also with his belief in institutional contribution and preservation – as well as measures of fiscal rectitude – he was, conversely, also its opponent of in other respects.

    One drawback to Burke as an intellectual, in my view, was his devotion to religion. Born in Ireland to a Protestant father and Catholic mother, noxious Irish Catholicism shaped him, diminishing his contribution; although one cannot say that he had the religious zealotry of a neoconservative.

    The Beginning of the End of History

    The Bushman-Blairite wars were an exercise in duplicity in shocking breach of international law. There were no smoking guns or development of nuclear weaponry in Iraq. It was Christian jihadism led by a latter-day Crusaders, including telegenic Tony that most lightweight of British gentlemen.

    Neoconservatism is a nefarious dysfunctional ideology that suits the interests of the powerful, which tragically became the consensus. A Dictionary of Received Ideas. There would be no comeuppance for Tony or George Dubya, who now blithely paints portraits of migrants, with all irony seemingly lost on him.

    In Britain, Brexit may lead to the gradual dismantling of the Blairite welfare state, even after the Johnson health care crisis, with the chronic under-resourcing and deregulation of the NHS now laid bare by the pandemic. This applies to all other countries, Italy most obviously, which diverted resources from essential services under neoliberal austerity measures. Meanwhile we see America on the brink of anarchy and civil insurrection due to the triumph of these ideas with the election of Donald Trump in 2016, who is the symptom of a very deep malaise.

    The combination of neoconservatism and neoliberalism is a far more deadly virus than Covid-19, which has simply exposed the soft underbelly of societies afflicted by its ravages. From a neoliberal point of view healthcare or a clean environment are not rights but entitlements and part of a libertarian agenda.

    The lack of regulation of spiraling accommodation and rental costs in the US and elsewhere brings a situation where, for the vast majority, outright ownership of property is a myth. Ostensibly, high salaries are hoovered up in hyper-inflated rents and mortgages subject to repossessions by vulture funds.

    The cost of living is prohibitive, and cramped accommodation makes the possibility of a decent family life almost impossible for most, engendering a dysfunctional humanity. Inequalities, short term contracts, and punishingly long working hours destroy mental health, decrease productivity and render family life – save for a privileged few – a thing of the past. The long-term effects on children are potentially catastrophic.

    This leads to short-termism and prevents even a modicum of forward planning for most people, who must live from one pay cheque to the next.

    Lacking objectivity and perspective, as we struggle for survival in subhuman working conditions that undermine the quality of life, decline arrives in increments. This leads to petty corruption and greed, in a dog-eat-dog universe where the elderly are replaced once they have outlived their usefulness. Their fate is increasingly to be place in decidedly uncaring privatized nursing homes, or spend their last moments on a trolley in an underfunded hospital.

    Nozick the Great Ideologue of Neo-Liberalism

    Anarchy, State, Utopia (1974) by Robert Nozick was a subversive reaction to John Rawl’s A Theory of Justice who had promoted a theory of economic justice. It became a neoliberal bible. Nozick suggested that government intervention, meaning taxation, beyond the enforcement of contracts and the control of crime is akin to slavery or theft. I own my body, he argues, so I therefore own everything my body produces, and if the state takes that which I produce away from me it enslaves me or – more elegantly – ‘socialism forbids consenting acts between capitalist adults.’

    The egregious fault with his argument is that it does not follow that because you own your body you own everything you produce. Inequalities are inbuilt into capitalism as David Ricardo’s Labour Theory of Value demonstrated. It also does not allow for any understanding of the human condition, other than one informed by radically disaggregated and individualistic behaviour, devoid of co-operation and community.

    At the time many thought that him daft, and that his ideas could not be implemented as they would lead to a socially dislocated society. It was even suggested that Anarchy, State; Utopia was an elebatorate joke, or part of an intellectual game. Indeed, Nozick was fond of scholarly conceits and subsequently wrote a book with a radically different thesis. So perhaps he did not take what he said seriously. Others did unfortunately.

    The consequences have been economic collapse and surging inequality, the gradual destruction of the middle class, and the privatisation and diminution in healthcare as a right, as well as homelessness and mass evictions

    The University of Chicago with its two highly placed judges in Easterbrook (dangling for a Supreme Court judgeship) and the truly nefarious ‘most cited’ legal scholar in the world Richard Posner, have also been responsible for much of the damage.

    Here we have the perfect reductio ad absurdum: all of human activity is reduced to the wealth maximisation thesis. Thus rape arises out of scarcity of resources: it is expensive for men to purchase sex so we should have a de-regulated prostitution market according to Posner; or adoption should be de-regulated to deal with a competitive baby market where the product can be purchased by the consumer. Such nonsense is reminiscent of Jonathan Swift’s Modest Proposal (1729) in which he satirizes an earlier version of neoliberalism, with the tongue-in-cheek suggestion that it would serve the polity to kill excess babies for economic gain.

    The Middle Way

    Keynes fell out of fashion because of the stranglehold of unionism and the imposition of socialist dogma in the 1970s. This created ‘a market’ for the work of the Chicago School and trickledown economics characterised by fetishist privatisation, deregulation and the elimination of state subsidies. In the late 1970s a retreat by the state made some sense, but the correction turned into an ongoing campaign. The market may have seemed like a score counter that could be tamed for human purposes. No longer. It is the recipe for inequality

    Naomi Klein in her bestseller The Shock Doctrine (2007) analyses the growth and development of neoliberalism across the world. She dubs the economic paradigm ‘disaster capitalism’, homing in on how these crises and others are used to justify further disaster prescriptions. She quotes Hayek’s disciple Milton Friedman:

    Only a crisis – actual or perceived – produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around. That, I believe, is our basic function: to develop alternatives to existing policies, to keep them alive and available until the politically impossible becomes politically inevitable.

    Naomi Klein.

    That is precisely where neoconservatism and neoliberalism coincide. Proto-neoconservatives remove the democratically elected Allende regime and replace him with Pinochet, before neo-liberal reforms open up the country for exploitation, washing their hands of any blood.

    Yet all the best evidence indicates that stable growth occurs in Nordic and Middle European social democratic countries. There is a tangible link between Keynesian economics and sustainable redistributed growth. Neoliberalism does not generate sustainable growth, as opposed to wealth for the few, and does not provide for redistribution. In effect it is a recipe for diminished human welfare, less good for the greatest number.

    Where Are We Now

    The Nobel Prize winning economist Joseph Stieglitz famously described our present state of affairs as ‘Socialism for the rich capitalism for the poor’. And the new era of state and corporate feudal control and terror we have entered into will accentuate these trends. Thus during this pandemic some of the wealthiest individuals in the world have actually increased their wealth.

    A return to the methodology of neoconservatism can be seen in the emergency legislation that has passed through the parliaments of U.K. and Ireland. In theory these are designed to confront an immediate emergency, but will become embedded, and spiral out of control just as we have with counter terrorism legislation. Enforcing self-isolation and ‘track and trace’ become new norms inflicted by neoconservatives and consented to by neoliberals, many of whom with notable exceptions such as Lord Sumption, forget their libertarian origins as long as the dosh keeps rolling in. Notably Tony Blair is awake to new opportunities.

    The very phrase ‘social isolation’ is problematic and euphemistic – like ‘ethnic cleansing’ or ‘military intelligence,’ a contradiction in terms. In fact self-isolation suits a silo bubble of social atomisation and dealing with people or problems one by one by state authorities. We risk a descent into a new barbarism not least due to the pernicious effects of decades of privatization.

    The Indian activist Arundhati Roy demonstrates how neoliberalism and environmental damage have gone hand-in-glove in her book Capitalism: a Ghost Story (Verso 2014). There are the mass evictions in India of ‘surplus population’ (a truly evil capitalism coining). The street vendors, rickshaw riders, the small shops and business people, and not least the suicide of 250,000 farmers.

    This forced displacement, often from rural areas to cities, augments the channelling of wealth towards the one percent plutocracy controlling India.

    It has been suggested by John Gray and Roy herself that the pandemic may lead to a rethink. I fear not. In fact, rather than becoming, as Roy puts it, a porthole to a sustainable and fair existence for all, I fear increased atomization, semi-permanent social distancing, diminishing social supports and the insidious undermining of civil liberties, supported by a scared and soma-induced population.

    We are now entering an age of corporate feudalism and of mercantile state control with sub Malthusian ideas gaining traction. It is an age of extremism nourished by religious fundamentalism. It is a time for the convergence of Burkean conservatism with Habermasean moderate socialism to implement ideas informed by traditions of decency and the green agenda. It is a time for sustainable personal and societal living to be realised.

  • I Do Not Consent

    I didn’t particularly want to write this article.  I didn’t want to get involved in the whole online social media circus of opinion and rebuttal, triggering and offense. But I feel like I have something to say, and what I have to say is important. So I’ll speak my truth.

    About a month ago, I completely removed my attention from the hysterical world of 24-hour news cycles, social media, the conspiracy theories, the craziness, the arguments and rebuttals, the fear, projection and lashing out. So I stopped watching the news and left Facebook, and very liberating it was too.

    The collective process the world was going through as a result of Covid-19 (Coronavirus) was taking its toll on me. I had never experienced such fear and anger online before. People were literally lashing out, blurting their unprocessed emotions, fear and anger, all over social media, mirroring perhaps, conversations that were occurring in family homes all around the world.

    Instead, I put my energy into the world around me: learning new skills, fishing, growing food, renovating a cottage. Putting my energy and vision into creating a new reality. But something is making me speak out at this time.

    I would like to preface what I am saying by acknowledging that Covid-19 is a real threat that has caused great loss and suffering to many families all around the world.

    The collective hysteria resulting from it, however, is every bit as damaging as the virus itself.

    On the nature of fear

    My background is as an outdoor guide. I spent two decades guiding in remote and sometimes dangerous rivers and mountains on four continents. During that time I became very familiar with the nature of fear. A large part of the psychological aspect of guiding in adventurous environments involves managing people’s fears.

    Solo seakayaking around Ireland, 2014.

    One lesson I learnt beyond any doubt is that fear is contagious. Just like a virus. If one person in a group becomes fearful, it spreads like wildfire throughout the entire group, a legacy of our evolutionary heritage, and the fight or flight mechanism.

    What we have witnessed, in the past few months, is the entire human species in fight, flight or freeze mode. It is collective anxiety on a global scale, amplified by social media and hysterical media coverage.

    Our political leaders, for the most part doing their best and responding to an unprecedented situation, were pressured by a fearful media and hysterical public to do something, anything, and naturally they reacted from a place of fear.

    As anyone with a background in adventure sports will know, good decisions are never, ever made from a place of great fear or hysteria.

    The Indian philosopher Krishnamurti wrote: ‘Fear of any kind breeds illusion … where there is fear there is obviously no freedom … It makes one tell lies, it corrupts one in various ways, it makes the mind empty, shallow.’

    I am not suggesting that our government in Ireland is consciously part of some nefarious plot to undermine democracy. Not intentionally anyway. But democracy has nevertheless been undermined as a result of the hysterical response to Covid-19.

    In the UK, former Supreme Court Justice Jonathan Sumption said: ‘This is what a police state is like, it is a state in which a government can issue orders or express preferences with no legal authority and the police will enforce ministers’ wishes’. He has called the lockdown ‘the greatest interference with personal liberty in our history’. When great legal minds are telling us that the rule of law is being undermined, we should listen.

    Our civil liberties and civil rights are not something that we be taken for granted. We forget now that Irish independence and the fight for freedom came at a high cost. ‘The price of liberty is eternal vigilance’, is a quote attributed to Thomas Jefferson.

    It does not matter whether you consider yourself to be politically on the left, centre, or the right, the erosion of civil liberties that has occurred in most Western democracies over the last few months is something that should concern you. if the there is one thing the history of the last century has taught us, it is that tyranny can take many forms.

    Image: Daniele Idini (c)

    You may well have great trust in our current government. That is not the point. The point is that future governments may well use the same arguments to repress civil liberties. Consider the possibility of a less benign government with opposing political views to your own coming into power in the future, and using the precedents set at this time to undermine your civil liberties. We do not have to look far back in history to see that such events are very possible. Once a precedent is established, it is an easy path to follow.

    Over two thousand years ago, Plato warned of the dangers of tyranny arising from a fearful and chaotic democracy. The people, when afraid, beg for a strong leader to come to save them. Tyranny can arise, not from a despot seizing power, but through a fearful public demanding protection from an external threat. This threat is real, but is overblown: ‘This and no other is the root from which a tyrant springs; when he first appears he is a protector.’

    Many other great political thinkers have expounded on the idea of the tyranny of the masses. The great Irish political theorist Edmund Burke, wrote in a 1790 letter that ‘The tyranny of a multitude is a multiplied tyranny’.

    John Stuart Mill in his famous essay ‘On Liberty’ (1859) spoke of the need to protect against, ‘the tyranny of the prevailing opinion and feeling … as the majority opinion may not be the correct opinion.’

    We confront a dystopian nightmare of an Orwellian society of constant surveillance, with the government and/or corporations controlling what we can think, what we say, and how we act.

    Militaristic language has become all too commonplace, thereby justifying extreme wartime measures. We talk of ‘front line’ workers. Much as these amazing doctors and nurses are doing a wonderful job and should be commended, there is no ‘front line’.

    This is not a war. You cannot fight a war against a part of Nature. That is like fighting a war against yourself, a mass collective schizophrenia. This is part of the problem with our current rational-materialistic society: in our arrogance we believe ourselves to be somehow separate from Nature. This crisis is showing us clearly that we are not.

    The following liberties have been undermined since the start of the Covid-19 hysteria:

    1. The right to personal liberty and to protest. 

    Article 40.4 of the Irish constitution guarantees a right to liberty, while Article 40.6.1 says you have a right to assemble and to associate freely.

    The right to assemble and to protest is an essential part of any functioning democracy. Remember the mass civil unrest that was occurring in Hong Kong and France before Christmas? This has disappeared without a trace. Are we no longer allowed to march on the streets should the need to protest arise? What is now stopping future governments using the ‘health and safety’ of the public as an excuse to crack down on civil disobedience?

    1. The right to free speech. 

    One of the most important of our human rights, established as early as 1789 in Article XI of the French ‘Declaration of the Rights of Man’ – ‘The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely’. Article 40.6.1 of the Irish Constitution guarantees a right to express freely  your convictions and opinions .

    However, this right has come under attack in recent months, with censorship becoming very prevalent. Any questioning of the mainstream narrative quickly gets labelled ‘false news’ or a ‘conspiracy’ theory, thereby stifling debate and discussion. Who has the power to decide what is false news? Do you, or do I? Or does some unelected Youtube or Google content executive?

    The mainstream media and social media companies have unprecedented power to manipulate the narrative. Social media and search engine algorithms can effectively control what we read and see, and therefore control the reality we live in. Who decides what we should think, and who holds this absolute and terrifying power?

    I may not agree with what you are saying, but I absolutely respect your right to say it. Otherwise, one day, we may find that right has been taken from us.

    1. The right to privacy.

    Article 8 of the European Convention on Human Rights states that ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’

    The seemingly benign concept of using a ‘contact tracing’ app could easily be misused by governments to normalise mass surveillance of citizens at all times, in the interests of public safety. Keeping track at all times of where you go and who you are with, a smartphone becomes like a voluntary ankle tag. With smartphones becoming almost essential to function in society, this mass surveillance is constant.

    One of the very worst tendencies this crisis has brought out in people is of of neighbours spying on one another, settling old grievances by informing. Have people forgotten already how secret police, such as the Stasi in East Germany, controlled populations by encouraging this behaviour?

    The French philosopher Michel Foucault believed that: ‘the power of a goverment is co-extensive with its ability to surveil’,  and wrote about the symbolic prison of the Panopticon, in which prisoners never knew when they were being observed, so were obliged to be on their best behaviour at all times. We are living in a digital panopticon, and giving governments unprecedented powers of surveillence.

    Inside one of the prison buildings at Presidio Modelo, Isla de la Juventud, Cuba.

    Moreover, with cash becoming redundant through this crisis, governments and corporations have acquired an even greater capacity to surveil, and therefore control, our lives. In the U.K., Derbyshire police used drones to film hillwalkers in a remote mountain area, while in California police fined surfers a $1000 for catching waves.

    Is this the kind of society you want to live in?

    1. The right to bodily autonomy and personal sovereignty.

    Are we going to give away our right to bodily autonomy to pharmaceutical companies, and the possibility of a mandatory vaccination programme?

    I am neither pro- nor anti- vaccination, but I believe that people should enjoy an absolute right to decide what is put into their bodies, freedom over their own body. A right to bodily integrity has been recognised by the courts as an unenumerated right, protected by the general guarantee of ‘personal rights’ contained under Article 40 of the Irish constitution.

    There is some disagreement in the scientific community around the safety of vaccines, with billions of dollars having been paid out in compensation by the Vaccine Injury Courts over the past thirty years, but any dissent of the mainstream Big Pharma narrative is brutally suppressed and attacked. In the Middle Ages, heretics were burnt at the stake for daring to question the mainstream version of reality. While they are not burnt at the stake today, anyone who questions the mainstream narrative is attacked, vilified, and discredited

    If anyone thinks these concerns over civil liberties far-fetched, I suggest you look at the situation in China at the moment, where the government has used the crisis to strengthen its grip on power, and to crack down on dissent.

    Dmytro Sidashev / Alamy Stock Photo

    What sort of world do we want to live in post-Covid-19?

    I would easily sacrifice an element of safety for my freedom. I want to live in a world where personal liberty and civil duties are both honoured and respected; where personal sovereignty is not given away to unelected global corporations; where political power remains vested in individuals and communities, and a central State does not have unchecked power to interfere in citizens’ lives. Where policing is by consent, and not by coercion and control. I want young children to be able to run freely in the outdoors without fear, or masks.

    Image: Daniele Idini (c)

    I do not want to die anytime soon, but if I do, so be it. I have long accepted that one day I will die. I would much rather die a free man from Covid-19 than live in a dystopian surveillance society. What we are seeing is a global collective psychological process, the unconscious and unprocessed fear of death. By facing and accepting our own mortality, this fear dissipates.

    I do not want to live in a sanitised, risk-free, nanny-state surveillance world, where the government knows where I am at all times and controls what I think, what I can say, what I put in my body. I do not consent to this version of reality. I will not be part of it.

    The real front line is about personal power and self-sovereignty. Reclaiming our power from the unelected Silicon Valley AI/tech, media and pharmaceutical executives, who have acquired greater power over every aspect of our lives, with hardly any oversight.

    We need to come terms with the immense power that is accumulating in Google and Facebook to influence, manipulate and control what people think. Even that most Machiavellian of realpolitik bureaucrats Henry Kissinger recently wrote: ‘The Age of Reason originated the thoughts and actions that shaped the contemporary world order. But that order is now in upheaval amid a new, even more sweeping technological revolution whose consequences we have failed to fully reckon with, and whose culmination may be a world relying on machines powered by data and algorithms and ungoverned by ethical or philosophical norms’. He who controls the algorithms controls the world.

    This is not a world I want to create. I do not consent. For sure this crisis has brought out the very best in humanity, with neighbours helping one another, communities coming together, increasing food security and developing a great sense of solidarity. But we cannot, Pollyanna-like, ignore the potential for the slide into a dystopian surveillance society.

    What sort of society do we want our children and grandchildren to inhabit? This is the real front line. We have had a great opportunity for reflection and collective dreaming, for visioning and birthing a new society and new reality. The birthing process of the new world will be messy and painful, as births always are, but the baby will be born.

    We are not powerless. We have the power to rewrite the story and create a beautiful world for future generations. Let us make our collective vision a beautiful one.

    Image: Daniele Idini (c)
  • Jonathan Sumption on Law and Politics

    In his recent book, Trials of the State Law and the Decline of Politics, (Profile Books) 2019 Jonathan Sumption argues for judicial deference to the Separation of Powers between the legislative, executive and judiciary branches, warning about the politicization of the latter. He argues that courts have assumed too much power, negating the political process, and that the domain of human rights has become rudderless.

    Keith Joseph

    Recently, in light of the Coronovirus pandemic, he has sagely warned about the endurance of restrictions on basic liberties in an interview on BBC Radio 4 at the end of March, where he decried: ‘A hysterical slide into a police state. A shameful police force intruding with scant regard to common sense or tradition. An irrational overreaction driven by fear. Perhaps this former adviser to the Conservative M.P. and Cabinet Minister Sir Keith Joseph – a formative influence on Thatcherism – is on the road to a more conciliatory Damascus?

    Of course there is a liberal consistency in his approach, in that he does complains in his book about the disproportionate interference by the British State into our private lives. 

    Now, with police officers restricting movement and enforcing self-isolation – curbing a natural inclination towards sociability among human beings – he pointedly decries an appalling vista. In the land where the cause of liberty is taken seriously, and the faerie queen resides, we find the genesis of transhumanism, alongside unchecked executive authority. 

    Sumption’s faith in a representative democracy, which has been undermined in recent times, is touching, but out of step with the perils we face. 

    Quoting the American realist Judge Hand, he points out that a society where basic civility has been all but lost cannot be saved by judicial interventions, let alone politicians. As someone with Thatcherite sympathies he must surely recognise that the neo-liberal order is in collapse all around him. An unfettered free market has brought division and cartelization that is not equipped to deal with the demands of a major crisis. 

    Alas, human dignity is difficult to preserve when you are left to wait on a trolley in a hospital corridor with an undignified death on the horizon. These are the kind of human rights Sumption has never really deigned to address.

    Magna Carta

    I recently paid a visit to Runnymede – in the halcyon days when one was allowed to roam free – the site in 1215 of the signing of Magna Carta (the Great Charter). It is the cornerstone of UK constitutionalism, and the closest to a foundational, written document, albeit the rights and privileges it confers are limited to the nobility of the time. 

    Noticeably, apart from in the gift shop, the text in its complete form is not evident. But one part of the text, Clause 39 is everywhere; on the fabulous exhibit ‘The Jurors’; on one of the chairs, of which more later; in the actual memorial itself in truncated form; and in the recent ‘Writ in Water’ sculpture, where it emerges like a primeval incandescent blob from out of the water. It reads

    No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.

    It is the genesis of due process and the rule of law; a tradition now under grave threat, just as Sumption warns, with fundamental human rights no longer applying under a state of emergency.

    On that subject, in the famous Radbruch Formula (Radbruchsche Formal) the great German jurist argued that where statute law is incompatible with the rule of law to an intolerable degree, and where it negates the principle of equality, which is central to justice, it could be disregarded. In 1946 he wrote:

    [P]reference is given to the positive law, duly enacted and secured by state power as it is, even where it is unjust and fails to benefit the people unless it conflicts with justice reaches so intolerable a level that a statute becomes in effect false law and must therefore yield to justice where there is not even an attempt at justice, where equality the core of justice is deliberately betrayed in the issuance of positive law then the statute is not merely false law it lacks completely the very nature of law.

    Even an arch-Anglo Saxon empiricist such as Sumption now seems to see clearly a return to the embedded draconian legislation of yesteryear; yet as a Justice of the Supreme Court, until 2018, Sumption was not one to use rights-driven considerations to qualify or strike down legislation. He would never have been the Lord Atkin of the last public emergency during World War II, whose famous dissenting judgment in Liversidge v. Anderson (1941) is worth recalling:

    In England, amidst the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.

    The Disappeared

    The film by the great Chilean director Guzman Nostalgia for the Light (2010) is part of his continuing exhumation of the nefarious legacy of Pinochet. It is largely devoted to the plight of numerous Chileans searching the desert for the bones of their children, often scattered over great distances, near the camps where Pinochet interned his victims. One particularly poignant scene features an elderly woman finding different bones of her son in different locations, which she proudly exhibits. 

    In Runnymede the disappeared are represented on the deeply affecting mosaic patterns of a chair. Yet the Thatcherism which Sumption contributed to endorsed Pinochet’s rule. Now Milton Friedman’s shock doctrine, visited on Chile after its emergency, may be used against a land more accustomed to moderation. You reap what you sow Lord Sumption. 

    Lord Sumption

    Parts of Sumption’s book, and his more recent pronouncements, demonstrate the dread sense of foreboding of a wise elder, and he serves the public good by speaking out.

    One senses, with his keen sense of history, that he thinks also that neither court nor politicians are going to solve any of this; that it is the beginning of a reversion to a medieval standard of justice, prior to Magna Carta. This humble Fool senses that deep down the noble King Lear-Lord Sumption is revealing less than he has demonstrated.