Passing bull 191 – The people and the crowd

 

 

When people come together to vote for parliament or to serve on a jury – rather similar exercises – we feel good about each other.  But if we see them come together as a lynch mob, we are revolted.  We are revolted because people following the herd instinct are behaving more like animals than human beings.  Most of us are very worried about the crowds behind the gillets jaunes in France.  People have there taken to the streets not just to protest against government but to try to bend the government to do its will.  That is a plain denial of parliamentary democracy.  That kind of government can only work if the overwhelming majority of people accept the decision of a majority.  But ever since 1789, the French have claimed the right to take to the streets to stop government taking a course they do not like.  The result is that France has not been able to push through unpopular reforms in the same way that Germany and England did.  And the result of this triumph of the people is that the people are a lot worse off.  That in turn leads to the gillets jaunes and to the President’s not being able to implement the reforms for which he was elected.  And so the cycle goes on – until one morning the French get up and see a scowling Madame LePen brandishing a stock whip on her new tricoleur dais.  She will have achieved the final vindication of the crowd – the acquisition of real power by real force.

The Bagehot column in The Economist this week is headed ‘The roar of the crowd.’  It begins: ‘The great achievement of parliamentary democracy is to take politics off the streets.’  Well, the English achieved that – but not the French.  The article goes on to refer to street protests being invoked to express ‘the will of the people.’  That bullshit phrase is or should be as alien to the English as it is to us.  It is dangerous nonsense advanced by people over the water like Rousseau – one of most poisonous men who ever lived – Robespierre, Stalin, Mussolini, Franco, and Hitler.

The article also refers to social media –the worst misnomer ever – as ‘virtual crowds online.’  It quotes an 1895 book The Crowd; A Study of the Popular Mind as saying of crowds that they show ‘impulsiveness, irritability, incapacity to reason, the absence of judgment of the critical spirit, the exaggeration of sentiments’ and says that the crowd debases the ordinary person – ‘isolated he may be a cultivated individual; in a crowd, he is a barbarian.’  That is because he has handed over the keys to his own humanity.  All this is just as spot-on for social media as it is to those whom Farage whipped up against Muslims, or those for whom Trump did the same, or those who marched last night in favour of Brexit and did so to a ghastly drum-beat that made them look so much like the English fascists from the 1930’s.

For our system to work, people have to show at least some restraint and toleration.  At least two forces are in my view at work in Australia working against us and in favour of the herd instinct of the crowd.  One is social media.  The other is the Murdoch press.  The first is obvious.  As to the second, a New Zealand observer said there were two reasons for the immoderate restraint and toleration of their government to a crisis of hate – the leadership and empathy of the leader of their government, and the absence of the Murdoch press.  In Australia, Sky News after dark regularly parades Pauline Hanson while Bolt and others defends her and while in The Australian columnists attack Muslims as jihadis in something like a frenzy.  And it was just a matter of time before they spitefully turned on the New Zealand Prime Minister and the ‘Muslimist Aljazeera’ – and of course those middle class pinkos at Fairfax and the ABC.

The people behind social media and the Murdoch press are wont to preach about freedom of speech.  The sad truth is that they go to the gutter for the same reason – for profit.

Two more points.  The current disaster in England started when they went and tested ‘the will of the people’ and got an equivocal answer – yes, leave, but on what terms? – with a majority too slim to permit a simple solution to a difficult problem to be found and implemented.  Now we have the awful and degrading spectacle of parliament behaving worse than the crowd.  And people who got where they are on a vote from the people are with a straight face saying that it would be wrong to ask the people again now that everyone knows what lies were told and who has been the worst behaved.  Indeed, their Prime Minister says a second vote would be a ‘betrayal of democracy.’  Some say an election would be better – when both major parties are hopelessly splintered and there is no reason at all to think that a reconfigured group of those responsible for the present mess might do better.

The real betrayal of democracy has taken place in America.  Trump appealed to the crowd to reject the ‘elites’ – people who know what they are doing.  Neither he nor almost everyone in his government has any idea about governing.  But his betrayal is more elemental.  A President is elected, as Lincoln said ‘of the people, by the people, for the people.’  Trump could not care less about the people.  He is only interested in that ghastly minority that is called his ‘base.’  And since he thinks his base wants him to abandon affordable health care, he will try to kill it.  And to hell with the people.

It’s not just that the policies of people like Farage, Hanson and Trump are revolting – it’s the people they get to work with them that are also revolting.

It looks like the hour of the crowd is with us again and it may never have looked worse.

Bloopers

But Trump bends history to his will.  May simply bends under the will of others.

The Weekend Australian, 30-31 March, 2019.  Mr G Sheridan

It is an interesting view of the strong man.  Amazingly, the editorial was even sillier.

Comparative Madness

Two items in The Age today caught my attention – and made me wonder if I am going mad.

A magistrate was reprimanded for commenting on the dangers faced by ‘swingers’.  (The common law has a doctrine of voluntary assumption of risk.)  At the instigation of a complainant, the Judicial Commission of Victoria reprimanded the magistrate for comments that were ‘stereotyping, offensive and unnecessarily critical of the parties’ lifestyle choices.’  She was guilty of ‘victim blaming’.  We were solemnly assured that her honour had reviewed the material on the JVC website and had agreed to attend a JVC program in the next twelve months.

An immense structure is being put up at the White House with a Star Spangled arch and seating for thousands for a UFC program scheduled for the 80th birthday of Donald Trump.

Either would take the breath away of Nero or Orwell.  Each reminds me of a remark by a Law Lord about a case involving a cartoon of an amateur golfer with a bar of Fry’s Chocolate hanging out of his pocket – ‘Another case of the toll levied on distinction for the delectation of vulgarity.’

If I were King Emperor for a day, I would ban both swingers and UFC as offensive to humanity.  In the meantime, I will seek an appointment with my GP for one of those tests to see if age has finally sent me crackers.

Neale Daniher

As I am fond of remarking, I think Tina Turner was wrong.  We need all the heroes we can get.  I have quite a few.  Most of them are hanging up at home – pin-up boys and, when it comes to the stage, girls.  (I may add to the list with Edith Cavil.  She stared down her end with the deathless line, ‘Patriotism is not enough’.  It should be put up in every public flag-waving building – especially in the U S.)

Some of our heroes just take your breath away.  Like Dietrich Bonhoeffer.  Matchless, breath-taking courage and compassion.  When the Nazis closed down Jewish shops, his grandmother breezed past the stormtroopers: ‘I will shop where I always shop.’  When he buried her, Bonhoeffer said: ‘This spirit, for which we are grateful, will not pass into the grave with her, but it puts us under obligation.’  There, indeed, are words for our times.

These thoughts come to me with the passing of Neale Daniher.  I need not rehearse the heroic but humble terms of his sacrifice for others in his fight with a most ugly disease, and his building of a fund to treat it.  Neale Daniher aroused a real response from his whole community, especially the City of Melbourne.  And, yes, because I was bred a Melbourne boy, this man was dear to me.  It was only fit that the height of the celebration of his cause took place each year before a devoted crowd at our great community center – the Melbourne Cricket Ground.  It reminds us of similar efforts by Glenn McGrath in Sydney, and the charity pursued in the name of Jim Stynes here in Melbourne. 

As it happens, the causes of both Daniher and Stynes are associated with the football club I support.  For many reasons, I see sport as essential to life in a civilised community.  But I am not talking of charity in our sports.  I am talking of people who have found it in themselves to awaken what Abraham Lincoln finely called the ‘better angels of our nature’.  They understood one basal truth.  Any group in our community depends on the people who have got on to pass it on to those coming after them.  That is the timeless truth that Dietrich Bonhoeffer spoke of.

Well, I am wobbly, but I am still above the ground.  Neale Daniher is not.  And I stand in awe of him.

I am left with the wistful reflection of a desolate Danish prince.  ‘He was a man and, take him for all in all, I shall not look upon his like again.’

And only God knows how much we need this relief in these dark, bleak Godless times.


 [GG1]

Relative propaganda

A well known and little respected member of the Israeli government has been subjected to heavy criticism for his mockery of captive opponents of his government.  The criticism came from all round the world.  It was not alleged that anyone was physically hurt in the relevant incident.  Some wondered about the depth of the reaction.  Have not 70,000 died in what is called the Gaza War?

Sixty years ago, I was in two minds about our involvement in the Vietnam War – and I am not proud of myself for saying that.  But I have a clear recollection that attitudes here and the U S and the rest of the world were changed by the publication of two photos.  One was of a man being shot in the head by a hand-gun at close range.  The other was of a young naked child fleeing Napalm.  The virulence of the response was later caught in the film Apocalypse Now with the line ‘I just love the smell of Napalm in the’ – music supplied by Richard Wagner.

Statistics are, well, just that.  They must at least risk degrading the worth of every single person referred to.  How can we get our heads around the estimates of those murdered by Stalin or Hitler?

Stalin knew all about this.  ‘The death of one person is a tragedy.  The death of a million is statistic.’

May I refer you to comments I made in a chapter – ‘Numbers’ – in my book Terror and the Police State set out at the end of this note?

You can see this reflection on our emotions when looking at the war in the Ukraine.  Russian casualties are now horrific.  So too has been the perfidious response of the United States.  The White House ambush of Zelensky was one of the most nauseating public abuses of power I have seen – far worse in my assessment than the incident referred to at the start of this note.

The Nazis kidnapped children as part of their war effort.  Is there a worse crime against humanity?  Ukraine alleges that the Russians have kidnapped 20,000 children.  You do not see reference to this crime against humanity when people say the Ukraine should make concessions. 

More importantly, can you begin to imagine what may have been the reaction if one of those 20,000 – just one – was a citizen of the United States?

Book Extract

The numbers

If you accept as an article of faith that each of us has our own dignity or worth just because we are human, then it is wrong for anyone to treat anyone else as a mere number.  We are at risk of doing just that when we seek to compile numbers of the victims of the three regimes that we have been looking at. 

The essential crime of both Hitler and Stalin was that they degraded humanity by denying the right to dignity, by denying the very humanity, of people beyond count – by denying the humanity of one man, woman, and child multiplied to our version of infinity.  Every one of those victims – every one – had a life and a worth that came with that life that was damaged or extinguished.  In his book Bloodlands, Timothy Snyder endorsed the proposition that ‘the key to both National Socialism and Stalinism was their ability to deprive groups of human beings of their right to be regarded as human,’ and when we descend to statistics, we might do the same.  Should we not be concentrating on Jean Baptiste Henry, the eighteen-year-old apprentice tailor decapitated for sawing down a tree of liberty?  Of the mother of Angelina and Nelly who was separated from her children and sent to a concentration camp because she had not denounced her husband?  Or the young schoolboy at Munich whose brain was so washed that he could not abide the sight of a dirty Jew in his classroom in the form of a crucifix?  Would he grow up to fire up the ovens?

But, we have to make at least some comparisons. 

The Reign of Terror up to the execution of Robespierre accounted for about 30,000 deaths with another 10,000 who died in prison.  Much the greater part of those 30,000 were killed because of their alleged participation in the civil war.  The Revolutionary Tribunal despatched about 2,600.  Professor Hampson sought to add some perspective by adding that about 15,000 members of the Paris Commune were shot in May 1871, and that there were about 40,000 people executed after the liberation of France.  Of 14,000 victims of the Terror whose social origin is known, about 1150 came from the nobility and 200 from the upper middle class.  About seven out of thirty-five of the highest caste of nobility was killed.  Death alone could not therefore account for the decline and fall of the nobility.

The French Revolutionary Wars of 1792 to 1802 cost about two million lives.  The Napoleonic Wars of 1803 to 1815 destroyed about five million lives.  We cannot get our heads around those figures any more than estimates of eight to ten million lives for the First World War.  None of these figures would mean anything to someone putting their head through the window or being dismembered by Napoleon’s cannons.

Stalin and Hitler murdered fourteen million people between them over twelve years.  Nearly 700,000 were shot in Stalin’s Great Terror of 1937 to 1938.  Some four million Soviet citizens were in the Gulag when Germany invaded the Soviet Union in 1941.  As we saw, the NKVD massacred many of their own prisoners as the Germans advanced in order to stop the Fascists getting their hands on more forced labour.  The Soviets sentenced a further two and a half million people to the Gulag during the war.  The NKVD remained active anywhere that the Fascists did not reach – including those poor wretches starving to death in Leningrad under siege.  More than half a million deaths were recorded in the Gulag in two years.  They all died without grace or dignity.  The Germans killed about three million Soviet prisoners of war, which is about the number of Ukrainian peasants that were starved to death by the Soviets in 1932-1933.  The total Russian casualties of that war, civil or military, were of the order of twenty million which is more than two and half times greater than the casualties of all nations for the First World War.

Alan Bullock put a number of eighteen million on the victims of Nazi brutality for the whole of Europe and Russia (apart from the victims of the orthodox war) and he said this:

It is important to place these figures on record.  But because they can have the effect of numbing the imagination, which cannot conceive of human suffering on such a scale, it is equally important to underline that every single figure in these millions represents acts of cruelty, terror, and degradation inflicted on individual human beings like ourselves, a man, a woman, a child or even a baby.

Whatever else humanity can do, it cannot come to terms with its degradation like this, or, as the poet Chris Wallace-Crabbe said:

Whatever Christ meant, it wasn’t this.

Populists

Two major sources of bad thinking and communal strife are our tendency to resort to labels and the herd instinct.  I set below what I wrote about these vices in a book written with Chris Wallace-Crabbe (What’s Wrong?)  The extracts are long, but the issue is serious.  This was the most important part of the book.

The vice of labelling

Some years ago, a woman at Oxford, en route from the reading room to the dining room for breakfast, was heard to say: ‘I have just been described as a typical Guardian reader, and I’m trying to work out whether I should feel insulted.’ A discussion about the meaning of the word ‘presumptuous’ then followed.

There is no law or custom that says we should apply a label to people – or put them in boxes, or in a file, or give them a codename. There is also no law that we should not. But most of us can’t help ourselves. So what?

Well, most of us don’t like being put into boxes. That is how we tend to see governments or Telstra or a big bank behaving toward us. Nor do most of us want to be typed. When someone says that an opinion or act of yours is ‘typical’ of you or your like, they are very rarely trying to be pleasant.

Most of us just want to be what we are. You don’t have to have a university degree specialising in the philosophy of Kant to believe that each of us has his or her own dignity, merely because we are human. We are not in the same league as camels or gnats. If I am singled out as a Muslim, a Jew or an Aboriginal, what does that label add to or take away from my humanity? What good can come from subtracting from my humanity by labelling me in that way?

So, the first problem with labelling is that it is likely to be demeaning to the target, and presumptuous on the part of the labeller. In labelling, we are detracting from a person’s dignity. We put registration numbers on dog collars, and we brand cattle, but we should afford humans the courtesy – no, the dignity – of their own humanity.

The second problem with labelling is that it is both loose and lazy. If you say of someone that they are a typical Conservative or Tory, that immediately raises two questions. What do the labels ‘Conservative’ and ‘Tory’ mean? What are the characteristics of the target that might warrant the application of the label?

In this country, at the moment, the terms ‘Left’ and ‘Right’ hardly mean anything at all – except as terms of abuse – which is how ‘Tory’ and ‘Whig’ started in England. These terms are now generally only applied by one side to the other. Not many people are happy to apply either of those labels to themselves. The categories are just too plastic and fluid.

Similarly, in Australia the labels ‘Liberal’ and ‘Labor’ hardly stand for any difference in principle any more. At the time of writing, on any of the major issues in Australian politics, what were the differences in the policies of those parties that derived from their platform? The old forms of name calling between Liberal and Labor mean nothing to our children – absolutely nothing. These old ways are as outmoded as name calling between Catholics and Protestants. And there is some common ground in the two shifts: very many people have lost faith in both religion and politics. The old tensions or rivalries just seem no longer to matter.

Unfortunately, and notwithstanding the obvious problems we have just referred to, labelling is not just common, but mandatory in far too much political discussion in the press, and certainly for shock jocks or those who make a career out of working TV chat shows. While some people naturally thrive on conflict – Napoleon and Hitler were two bad cases – some journalists in the press engage in conflict for a living. These people rarely have a financial motive to respond reasonably, much less to resolve the conflict. To the contrary, they have a direct financial interest in keeping the conflict as explosive as possible. It is notorious that controversy feeds ratings and that bad news sells newspapers.

If you put up an argument to one of these people who live off the earnings of conflict, the response will very commonly involve two limbs – a personal attack on you (the Latin tag for which is ad hominem), followed by some labels, which are never meant as compliments. For example, if someone dared to query the rigour of the government’s policies toward refugees, a predictable response would be ‘What else would you expect from someone who subscribes to the ABC? How would you like these people to move in next door?’ There is no argument – just vulgar abuse. The disintegration of thought is palpable, but a lot of people are making a handy living out of it – and not in ways that do the rest of us any good.

There is commonly a third problem with labelling: it generally tells you a lot more about the labeller – some would say the sniper – than the target, and the answer is rarely pretty. And if you pile cliché upon label, and venom upon petulance, the result is as sad as it is predictable. You disappear up your own bum.

Let us take one label that became prominent in 2016 right across the Western world. There has been a lot of chatter, or white noise, about ‘populists’. Who are they?

One of the problems with this word is that people who use it rarely say what they mean by it. If you search the internet, you will find references to ordinary or regular or common people against political insiders or a wealthy elite. These vague terms don’t help – to the contrary. What do they mean? Is dividing people into classes a good idea in Australia now – or anywhere, at any time? If it is simply a matter of the common people wresting control from a wealthy elite, who could decently object? Is this not just democracy triumphing over oligarchy?

Populus is the Latin word for ‘people’, with pretty much the same connotations as that word in English. Do populists, therefore, appeal to the people for their vote? Well, anyone standing for office in a democracy does just that. The most famous political speech in history concludes with the words ‘of the people, for the people, by the people’.

But ‘populist’ is not used to describe everyone standing for office. It is used to refer to only some of those, and the difference seems to be in the kinds of people who are appealed to and the way in which that appeal is made.

So, what kind of public do populists appeal to? Those who use this word say that the people appealed to are anything but the ‘elite’ – those who have got on well in life because of their background or education, or both. In both the United Kingdom and the United States this feeling about the elite – which might look like simple envy to some – is linked to a suspicion of or contempt for ‘experts’. People do, however, tend to get choosy about which experts they reject. (This rejection does not extend to experts who may save their life in the surgery, or at 30,000 feet, or their liberty; but it may explain the curious intellectual lesion that many people of a reactionary turn of mind have about science and the environment.)

Another attribute of the public appealed to by populists is that they have often missed out on the increase in wealth brought about by free trade around the world and by advances in technology. These movements obviously have cost people jobs and are thought by some experts to be likely to cost another 40 per cent over the next ten years.

A third attribute of those appealed to by populists is said to be that, in their reduced condition, they value their citizenship above all else, and they are not willing to share it. They are therefore against taking refugees or people whose faith or colour threatens the idea of their national identity.

Now, if folk who use the word populist are describing politicians who appeal to people with those attributes, they may want to be careful about where they say so. The picture that emerges is one of a backward, angry and mean chauvinist failure. That picture is seriously derogatory. If that is what people mean when they refer to populists, then it is just a loose label that unfairly smears a large part of the population. The term does then itself suffer from the vice of labelling that we have identified.

So, we would leave labels with George Bush Senior, who said that labels are what you put on soup cans.

Tribalism

We started this chapter on the subject of prejudice as the main corrupter of thought, and near the end of it we come to a common source of prejudice. You might call it tribalism or clannishness, or just the herd instinct. It is a human tendency to surrender judgment, and therefore dignity, to the crowd, or the mob. In its most terrifying form, the mob is the lynch mob, to which the French were subjected on a national scale during the Reign of Terror of the French Revolution, a period of state-sanctioned violence and mass executions. The surrender was more complete, and the consequences were more financially severe, during the 1929 stock market crash, but we see it all round us every day, and as often as not we don’t notice when we have switched into the mode of group control.

A harmless form is the one‑eyed Collingwood supporter. Indeed, one reason why people enjoy that part of the entertainment industry called sport is that this is just the area, either in the stands or on the terraces or around the office coffee machine, where independent judgment can be suspended and blind prejudice masquerading as loyalty can be safely put on show. (You might, from time to time, graciously applaud someone from the other side, but you may want to watch who you do that in front of.) You can even blow the ref a raspberry without going to the slammer.

One worrying form of clannishness is the tendency of some groups to form their own language and retreat behind it when they come under attack, when they feel insecure or when they just feel like being pompous. Doctors and lawyers used to be notorious for this, but both have improved. It is no longer smart or clever to be obscure; the contrary is the case.

A clannish corruption of thought is dangerous because it obscures meaning – it makes the author harder to pin down – and it masks a crude self‑interest in protecting the relevant group as the proper or even the sole repository of truth. This is very worrying when the author is unable to spell out a verifiable meaning for the benefit of the uninitiated. Secular thinkers for many centuries have accused priests of doing just this – of denying ordinary people access to the truth – or, if you prefer, the light – by refusing to give them the keys to the codes. You might recall that, before the Reformation, you could be burnt at the stake in England if you dared to translate the Bible into the native language of the believers. That must be the ultimate example of people being asked to take articles of faith on trust.

We see examples of this form of clannish or tribal protectionism, and the consequent mutilation of logic and language, in the newer social sciences (which some think is a phrase that contradicts itself), in marketing, among ideologues (especially think tanks and their acolytes, political advisers) and also in some parts of academia.

We tend to see the problem at its worst with the political ideologues – the advisers tend to be hard‑headed people who hardly believe anything, whereas the ideologues bring commitment and passion, and so are likely to invoke that most dangerous ingredient in rational discussion: sincerity.

The problem now is that you are dealing with people with a position and with a patch to defend (people Helen Garner referred to as those ‘who have an agenda’). You are dealing with someone who subscribes to articles of faith, and they may not realise or accept that articles of faith lie outside the borders of rational debate. You might therefore be talking to a zealot. Zealots are people whose zeal has infected their judgment. They become like one‑eyed Collingwood supporters – but much, much worse, because they believe that the stakes are so big. In the language of the stock market, they have their own skin in the game. Unable to see the world from the other person’s point of view, they are very likely to think they have uncovered the logical answer – that is, the answer, and there can only be one of those. They become progressively less able to see that reasonable people might differ on almost any question relating to human behaviour or belief. That is to say, they get less and less tolerant, and intolerance is the cancer of sensible discussion.

Agenda bearers tend to look on disputes not as debates about ideas, but as conflicts between the kinds of people who hold various ideas. They become emotionally attached to their own side and emotionally opposed to the others. We saw that the writer in The Australian who is obsessed with ‘political correctness’ said it was unfair that ‘we’ did not have the same remedies as her adversaries.With agenda bearers, judgment goes clean out the window. They are ready to argue about things they know little or nothing about, and that must end up in bullshit. They then get ready to attack almost anything said by the other side, and to defend almost anything that has come out of their side. They become driven by, and to, conflict. They therefore pick fights that they do not have to pick, and so they ignore the first rule of advocacy: If you have a good point, make it, and don’t bugger it up with a dud; if you don’t have a good point, shut up.

Agenda bearers are heavily into mockery, and into nodding and winking among themselves. They are not beyond leering or even jeering, and they may have an obsession about sneering: one of those cases where they project their own feelings and reactions onto their opponents. They often accuse others of being dogmatic or feeling morally or intellectually superior because they have right on their side.

They disdain experts, but they are long on conspiracies, especially when it comes to the newspapers or television consulted by the other side. Indeed, they stereotype people by reference to their chosen media – readers of Fairfax or viewers of the ABC must be like readers of The New York Times or The Guardian and must oppose the Murdoch press or Fox News. (Would you be insulted if described as a typical Age reader or an adherent to Fox News? Or would you just think that the author of the remark was both thick and presumptuous?)

If you are not into these nuances, a word that people known as culture warriors may be fond of, you are not part of the game. Indeed, there are times when they seem unable to choose their cheerleader – the Famous Five or Kim, Enid Blyton or Rudyard Kipling.

Ideologues are defensive about their own culture or faith – words broad enough to mean or contain just what they want them to mean or contain – and very suspicious of those who want to share the good life or who threaten to change its underlying fabric. For this purpose, they may allow a shock jock or some other gutter rat to put up kites for them, but the sensible ones always preserve deniability and a distance from the overtly vulgar.

Their arguments are mainly aimed at the man, in part because of the innate or acquired hostility of those advancing the arguments, in part because they tend not to play by the rules, and in part again because they have lost control of their moral or intellectual compass. They always accuse the other side of hypocrisy, of which they are World’s Best Practice exponents, and of utter indifference to the consequences of their ideology – which they are past noticing in themselves. Even when they set out their own contradictions in black and white, they cannot see them for what they are. They are not just biased or unbalanced; they are wilfully beyond persuasion. In ordinary terms, they are crippled by the chips on their shoulders.

You will recognise here many of the attributes of a bush lawyer and of far too many of our politicians. It will only get worse – as people subscribe to internet sites for the true believers, commune in language‑killing terms on what are preposterously described as social media settings, and banish the anxiety that comes with uncertainty by cocooning themselves in their own echo chambers.

***

I have set out those observations at that length because they bear on so much of what passes nowadays for political discussion – especially as it is applied to people grouped together under a label – such as Catholics, gypsies, Collingwood supporters, boat people, the Irish, academics, or just plain old fashioned bludgers.  And by segmenting the people around us, we are of necessity speaking of minorities.

The cancer comes in two phases.  First, something in the history of those in a group leads to people being referred to, or identified as, members of that group.  Secondly, it is thought appropriate to attribute to every member of that group some attribute or characteristic. 

That is a form of branding, and it detracts from the worth or dignity of every human being to whom it is applied.  I do not subscribe to any doctrine of Original Sin, but if I did, this would be my prime candidate.  And it may start when people are content or proud to place themselves in a box and claim to share one common attribute as a result.

What do I care about my skin colour, faith, or ancestry?  What difference does any of them make?  In the name of Heaven, in the bad old days we believed – we were taught – that Catholics were somehow different to Protestants. 

In my view, Sir Henry Maine was spot on when he said in Ancient Law that the whole course of legal history saw the movement from status to contract.  What matters in life is not what I do with what I landed here with from my ancestors, but what I do with other people while I am here.  The contrary view dooms us to lie low under the weight of the past.

Let me just look again at two labels.  ‘Elite.’  According to my Compact OED, this is ‘a group of people regarded as the best in a particular society or organisation.’  Is there a problem?  Do we repudiate our best people?  Can you think of anyone going to a medical clinic or law firm saying – ‘Don’t give me your best – just the mediocre’?  Or saying to our Test selectors – ‘Don’t send the best to England – just the run of the mill journeymen’?

‘Populists’.  There is an obvious difficulty in applying this term to those seeking office in a democracy, when that is achieved by appealing to people to support you.  (Shakespeare wrote a play about it – Coriolanus.

Three examples are Trump, Farage, and Hanson.  Each has indeed one thing in common for me.  None would be welcome in my home.  The vices and charms of the first two are well known. 

The Australian presents as a scheming, heartless and venomous bigot who is unfit to hold any form of public office in Australia.  She has none of the élan of Trump or Farage, or those vicious mountebanks who broke Europe and the world in the last century.  If that statement sounds large, what do you think might be the response of our Muslim brothers and sisters?  Or have they not been here long enough to touch our conscience?

The Royal Commission into the Bondi massacre will have to navigate waters like these, and I don’t envy them.  There are obvious difficulties in conducting any form of forensic process to what the Letters Patent refer to as ‘religious and ideologically motivated extremism and radicalisation’. 

The Commission will hear of the most dreadful behavior to members of our Jewish community.  There is one thing they will not hear of.  That is of a sitting member of the Australian Parliament saying ‘There is no such thing as a good Jew.’ 

That statement by Hanson looks to me like a textbook case of ‘religious and ideologically motivated extremism and radicalisation’.  The difference is that she is not facing jail for hate speech.  On the contrary.  She shouts it out loud and infects Parliament by insulting faith – and takes off in the polls as a reward, and is saluted by uncomely goons in dark places who don’t know any better. 

And the lucky country stands indicted.  And on a bad day we might feel with Milton that earth felt the wound.

Well, the categories of evil are never closed, even if, as someone said, there is nothing new under the sun.  Perhaps the old French proverb stands vindicated – the more things change, the more they stay the same. 

We are not as free of the primal slime as we would wish to be.  We do after all live in a country where you can step into your garden paradise and die from the venom of a brown snake taking its repose in your bed of roses.

Populists

Two major sources of bad thinking and communal strife are our tendency to resort to labels and the herd instinct.  I set below what I wrote about these vices in a book written with Chris Wallace-Crabbe (What’s Wrong?)  The extracts are long, but the issue is serious.  This was the most important part of the book.

The vice of labelling

Some years ago, a woman at Oxford, en route from the reading room to the dining room for breakfast, was heard to say: ‘I have just been described as a typical Guardian reader, and I’m trying to work out whether I should feel insulted.’ A discussion about the meaning of the word ‘presumptuous’ then followed.

There is no law or custom that says we should apply a label to people – or put them in boxes, or in a file, or give them a codename. There is also no law that we should not. But most of us can’t help ourselves. So what?

Well, most of us don’t like being put into boxes. That is how we tend to see governments or Telstra or a big bank behaving toward us. Nor do most of us want to be typed. When someone says that an opinion or act of yours is ‘typical’ of you or your like, they are very rarely trying to be pleasant.

Most of us just want to be what we are. You don’t have to have a university degree specialising in the philosophy of Kant to believe that each of us has his or her own dignity, merely because we are human. We are not in the same league as camels or gnats. If I am singled out as a Muslim, a Jew or an Aboriginal, what does that label add to or take away from my humanity? What good can come from subtracting from my humanity by labelling me in that way?

So, the first problem with labelling is that it is likely to be demeaning to the target, and presumptuous on the part of the labeller. In labelling, we are detracting from a person’s dignity. We put registration numbers on dog collars, and we brand cattle, but we should afford humans the courtesy – no, the dignity – of their own humanity.

The second problem with labelling is that it is both loose and lazy. If you say of someone that they are a typical Conservative or Tory, that immediately raises two questions. What do the labels ‘Conservative’ and ‘Tory’ mean? What are the characteristics of the target that might warrant the application of the label?

In this country, at the moment, the terms ‘Left’ and ‘Right’ hardly mean anything at all – except as terms of abuse – which is how ‘Tory’ and ‘Whig’ started in England. These terms are now generally only applied by one side to the other. Not many people are happy to apply either of those labels to themselves. The categories are just too plastic and fluid.

Similarly, in Australia the labels ‘Liberal’ and ‘Labor’ hardly stand for any difference in principle any more. At the time of writing, on any of the major issues in Australian politics, what were the differences in the policies of those parties that derived from their platform? The old forms of name calling between Liberal and Labor mean nothing to our children – absolutely nothing. These old ways are as outmoded as name calling between Catholics and Protestants. And there is some common ground in the two shifts: very many people have lost faith in both religion and politics. The old tensions or rivalries just seem no longer to matter.

Unfortunately, and notwithstanding the obvious problems we have just referred to, labelling is not just common, but mandatory in far too much political discussion in the press, and certainly for shock jocks or those who make a career out of working TV chat shows. While some people naturally thrive on conflict – Napoleon and Hitler were two bad cases – some journalists in the press engage in conflict for a living. These people rarely have a financial motive to respond reasonably, much less to resolve the conflict. To the contrary, they have a direct financial interest in keeping the conflict as explosive as possible. It is notorious that controversy feeds ratings and that bad news sells newspapers.

If you put up an argument to one of these people who live off the earnings of conflict, the response will very commonly involve two limbs – a personal attack on you (the Latin tag for which is ad hominem), followed by some labels, which are never meant as compliments. For example, if someone dared to query the rigour of the government’s policies toward refugees, a predictable response would be ‘What else would you expect from someone who subscribes to the ABC? How would you like these people to move in next door?’ There is no argument – just vulgar abuse. The disintegration of thought is palpable, but a lot of people are making a handy living out of it – and not in ways that do the rest of us any good.

There is commonly a third problem with labelling: it generally tells you a lot more about the labeller – some would say the sniper – than the target, and the answer is rarely pretty. And if you pile cliché upon label, and venom upon petulance, the result is as sad as it is predictable. You disappear up your own bum.

Let us take one label that became prominent in 2016 right across the Western world. There has been a lot of chatter, or white noise, about ‘populists’. Who are they?

One of the problems with this word is that people who use it rarely say what they mean by it. If you search the internet, you will find references to ordinary or regular or common people against political insiders or a wealthy elite. These vague terms don’t help – to the contrary. What do they mean? Is dividing people into classes a good idea in Australia now – or anywhere, at any time? If it is simply a matter of the common people wresting control from a wealthy elite, who could decently object? Is this not just democracy triumphing over oligarchy?

Populus is the Latin word for ‘people’, with pretty much the same connotations as that word in English. Do populists, therefore, appeal to the people for their vote? Well, anyone standing for office in a democracy does just that. The most famous political speech in history concludes with the words ‘of the people, for the people, by the people’.

But ‘populist’ is not used to describe everyone standing for office. It is used to refer to only some of those, and the difference seems to be in the kinds of people who are appealed to and the way in which that appeal is made.

So, what kind of public do populists appeal to? Those who use this word say that the people appealed to are anything but the ‘elite’ – those who have got on well in life because of their background or education, or both. In both the United Kingdom and the United States this feeling about the elite – which might look like simple envy to some – is linked to a suspicion of or contempt for ‘experts’. People do, however, tend to get choosy about which experts they reject. (This rejection does not extend to experts who may save their life in the surgery, or at 30,000 feet, or their liberty; but it may explain the curious intellectual lesion that many people of a reactionary turn of mind have about science and the environment.)

Another attribute of the public appealed to by populists is that they have often missed out on the increase in wealth brought about by free trade around the world and by advances in technology. These movements obviously have cost people jobs and are thought by some experts to be likely to cost another 40 per cent over the next ten years.

A third attribute of those appealed to by populists is said to be that, in their reduced condition, they value their citizenship above all else, and they are not willing to share it. They are therefore against taking refugees or people whose faith or colour threatens the idea of their national identity.

Now, if folk who use the word populist are describing politicians who appeal to people with those attributes, they may want to be careful about where they say so. The picture that emerges is one of a backward, angry and mean chauvinist failure. That picture is seriously derogatory. If that is what people mean when they refer to populists, then it is just a loose label that unfairly smears a large part of the population. The term does then itself suffer from the vice of labelling that we have identified.

So, we would leave labels with George Bush Senior, who said that labels are what you put on soup cans.

Tribalism

We started this chapter on the subject of prejudice as the main corrupter of thought, and near the end of it we come to a common source of prejudice. You might call it tribalism or clannishness, or just the herd instinct. It is a human tendency to surrender judgment, and therefore dignity, to the crowd, or the mob. In its most terrifying form, the mob is the lynch mob, to which the French were subjected on a national scale during the Reign of Terror of the French Revolution, a period of state-sanctioned violence and mass executions. The surrender was more complete, and the consequences were more financially severe, during the 1929 stock market crash, but we see it all round us every day, and as often as not we don’t notice when we have switched into the mode of group control.

A harmless form is the one‑eyed Collingwood supporter. Indeed, one reason why people enjoy that part of the entertainment industry called sport is that this is just the area, either in the stands or on the terraces or around the office coffee machine, where independent judgment can be suspended and blind prejudice masquerading as loyalty can be safely put on show. (You might, from time to time, graciously applaud someone from the other side, but you may want to watch who you do that in front of.) You can even blow the ref a raspberry without going to the slammer.

One worrying form of clannishness is the tendency of some groups to form their own language and retreat behind it when they come under attack, when they feel insecure or when they just feel like being pompous. Doctors and lawyers used to be notorious for this, but both have improved. It is no longer smart or clever to be obscure; the contrary is the case.

A clannish corruption of thought is dangerous because it obscures meaning – it makes the author harder to pin down – and it masks a crude self‑interest in protecting the relevant group as the proper or even the sole repository of truth. This is very worrying when the author is unable to spell out a verifiable meaning for the benefit of the uninitiated. Secular thinkers for many centuries have accused priests of doing just this – of denying ordinary people access to the truth – or, if you prefer, the light – by refusing to give them the keys to the codes. You might recall that, before the Reformation, you could be burnt at the stake in England if you dared to translate the Bible into the native language of the believers. That must be the ultimate example of people being asked to take articles of faith on trust.

We see examples of this form of clannish or tribal protectionism, and the consequent mutilation of logic and language, in the newer social sciences (which some think is a phrase that contradicts itself), in marketing, among ideologues (especially think tanks and their acolytes, political advisers) and also in some parts of academia.

We tend to see the problem at its worst with the political ideologues – the advisers tend to be hard‑headed people who hardly believe anything, whereas the ideologues bring commitment and passion, and so are likely to invoke that most dangerous ingredient in rational discussion: sincerity.

The problem now is that you are dealing with people with a position and with a patch to defend (people Helen Garner referred to as those ‘who have an agenda’). You are dealing with someone who subscribes to articles of faith, and they may not realise or accept that articles of faith lie outside the borders of rational debate. You might therefore be talking to a zealot. Zealots are people whose zeal has infected their judgment. They become like one‑eyed Collingwood supporters – but much, much worse, because they believe that the stakes are so big. In the language of the stock market, they have their own skin in the game. Unable to see the world from the other person’s point of view, they are very likely to think they have uncovered the logical answer – that is, the answer, and there can only be one of those. They become progressively less able to see that reasonable people might differ on almost any question relating to human behaviour or belief. That is to say, they get less and less tolerant, and intolerance is the cancer of sensible discussion.

Agenda bearers tend to look on disputes not as debates about ideas, but as conflicts between the kinds of people who hold various ideas. They become emotionally attached to their own side and emotionally opposed to the others. We saw that the writer in The Australian who is obsessed with ‘political correctness’ said it was unfair that ‘we’ did not have the same remedies as her adversaries.With agenda bearers, judgment goes clean out the window. They are ready to argue about things they know little or nothing about, and that must end up in bullshit. They then get ready to attack almost anything said by the other side, and to defend almost anything that has come out of their side. They become driven by, and to, conflict. They therefore pick fights that they do not have to pick, and so they ignore the first rule of advocacy: If you have a good point, make it, and don’t bugger it up with a dud; if you don’t have a good point, shut up.

Agenda bearers are heavily into mockery, and into nodding and winking among themselves. They are not beyond leering or even jeering, and they may have an obsession about sneering: one of those cases where they project their own feelings and reactions onto their opponents. They often accuse others of being dogmatic or feeling morally or intellectually superior because they have right on their side.

They disdain experts, but they are long on conspiracies, especially when it comes to the newspapers or television consulted by the other side. Indeed, they stereotype people by reference to their chosen media – readers of Fairfax or viewers of the ABC must be like readers of The New York Times or The Guardian and must oppose the Murdoch press or Fox News. (Would you be insulted if described as a typical Age reader or an adherent to Fox News? Or would you just think that the author of the remark was both thick and presumptuous?)

If you are not into these nuances, a word that people known as culture warriors may be fond of, you are not part of the game. Indeed, there are times when they seem unable to choose their cheerleader – the Famous Five or Kim, Enid Blyton or Rudyard Kipling.

Ideologues are defensive about their own culture or faith – words broad enough to mean or contain just what they want them to mean or contain – and very suspicious of those who want to share the good life or who threaten to change its underlying fabric. For this purpose, they may allow a shock jock or some other gutter rat to put up kites for them, but the sensible ones always preserve deniability and a distance from the overtly vulgar.

Their arguments are mainly aimed at the man, in part because of the innate or acquired hostility of those advancing the arguments, in part because they tend not to play by the rules, and in part again because they have lost control of their moral or intellectual compass. They always accuse the other side of hypocrisy, of which they are World’s Best Practice exponents, and of utter indifference to the consequences of their ideology – which they are past noticing in themselves. Even when they set out their own contradictions in black and white, they cannot see them for what they are. They are not just biased or unbalanced; they are wilfully beyond persuasion. In ordinary terms, they are crippled by the chips on their shoulders.

You will recognise here many of the attributes of a bush lawyer and of far too many of our politicians. It will only get worse – as people subscribe to internet sites for the true believers, commune in language‑killing terms on what are preposterously described as social media settings, and banish the anxiety that comes with uncertainty by cocooning themselves in their own echo chambers.

***

I have set out those observations at that length because they bear on so much of what passes nowadays for political discussion – especially as it is applied to people grouped together under a label – such as Catholics, gypsies, Collingwood supporters, boat people, the Irish, academics, or just plain old fashioned bludgers.  And by segmenting the people around us, we are of necessity speaking of minorities.

The cancer comes in two phases.  First, something in the history of those in a group leads to people being referred to, or identified as, members of that group.  Secondly, it is thought appropriate to attribute to every member of that group some attribute or characteristic. 

That is a form of branding, and it detracts from the worth or dignity of every human being to whom it is applied.  I do not subscribe to any doctrine of Original Sin, but if I did, this would be my prime candidate.  And it may start when people are content or proud to place themselves in a box and claim to share one common attribute as a result.

What do I care about my skin colour, faith, or ancestry?  What difference does any of them make?  In the name of Heaven, in the bad old days we believed – we were taught – that Catholics were somehow different to Protestants. 

In my view, Sir Henry Maine was spot on when he said in Ancient Law that the whole course of legal history saw the movement from status to contract.  What matters in life is not what I do with what I landed here with from my ancestors, but what I do with other people while I am here.  The contrary view dooms us to lie low under the weight of the past.

Let me just look again at two labels.  ‘Elite.’  According to my Compact OED, this is ‘a group of people regarded as the best in a particular society or organisation.’  Is there a problem?  Do we repudiate our best people?  Can you think of anyone going to a medical clinic or law firm saying – ‘Don’t give me your best – just the mediocre’?  Or saying to our Test selectors – ‘Don’t send the best to England – just the run of the mill journeymen’?

‘Populists’.  There is an obvious difficulty in applying this term to those seeking office in a democracy, when that is achieved by appealing to people to support you.  (Shakespeare wrote a play about it – Coriolanus.

Three examples are Trump, Farage, and Hanson.  Each has indeed one thing in common for me.  None would be welcome in my home.  The vices and charms of the first two are well known. 

The Australian presents as a scheming, heartless and venomous bigot who is unfit to hold any form of public office in Australia.  She has none of the élan of Trump or Farage, or those vicious mountebanks who broke Europe and the world in the last century.  If that statement sounds large, what do you think might be the response of our Muslim brothers and sisters?  Or have they not been here long enough to touch our conscience?

The Royal Commission into the Bondi massacre will have to navigate waters like these, and I don’t envy them.  There are obvious difficulties in conducting any form of forensic process to what the Letters Patent refer to as ‘religious and ideologically motivated extremism and radicalisation’. 

The Commission will hear of the most dreadful behavior to members of our Jewish community.  There is one thing they will not hear of.  That is of a sitting member of the Australian Parliament saying ‘There is no such thing as a good Jew.’ 

That statement by Hanson looks to me like a textbook case of ‘religious and ideologically motivated extremism and radicalisation’.  The difference is that she is not facing jail for hate speech.  On the contrary.  She shouts it out loud and infects Parliament by insulting faith – and takes off in the polls as a reward, and is saluted by uncomely goons in dark places who don’t know any better. 

And the lucky country stands indicted.  And on a bad day we might feel with Milton that earth felt the wound.

Well, the categories of evil are never closed, even if, as someone said, there is nothing new under the sun.  Perhaps the old French proverb stands vindicated – the more things change, the more they stay the same. 

We are not as free of the primal slime as we would wish to be.  We do after all live in a country where you can step into your garden paradise and die from the venom of a brown snake taking its repose in your bed of roses.

Buruma on Spinoza

Following my success with this writer on Berlin during the war, I tried my luck with his book on Spinoza, Freedom’s Messiah.  (I have ordered one on Japan during the war.)  It is certainly up to scratch.  This man knows how to put such a book together, on a subject that can be both tricky and touchy. 

Spinoza was a most extraordinary man – who managed to wind up all sorts of people – to the extent that he got expelled from his own community in a country that was pleased with its own level of toleration.  As it happens, I idolize Spinoza – for the reasons given in the note on his most read work that is set out below.

I commend this book by Ian Buruma.  I think he has handled a difficult subject extremely well.  He is like a good lawyer sifting the material and getting to the point in a coherent and persuasive manner.  It is a most useful gift.

I will not review the book, but focus on one point that bears on the current discussion about what some call hate speech. 

We have long had laws that enable police to intervene when someone is offending others in public in a way that may lead to a fight.  The primary driver of the growth of the common law was the felt need to maintain the king’s peace and end the vendetta. 

But once you seek to go beyond that and control what people may lawfully say about religious, political or tribal issues, you get into trouble with that very sensitive notion called freedom of speech.  (I see it is about to be tested in the U S in the case of a man indicted for sending a photo of sea shells – a case brought by dull bigots with a straight face and no sense of shame – all desiderata in the current federal government.)

In the note below I referred to ‘doctrinal dynamite’.  The dynamite went much further than doctrine – in a community where the author had been kicked out of a community by a community that had been kicked out of another country.

Mr Buruma gives one example.  In the Treatise referred to, Spinoza said the Hebrew nation was not chosen by God because of intellect or peace of mind, but because of its social order and the fortune by which it came to have a state.  Mr Buruma says the ‘idea of the Jews as chosen people was nonsense.’

That they had survived for so long was no surprise, since they had ‘separated themselves so from all nations that they have drawn the hatred of all men against themselves, not only by having external customs contrary to the customs of the other nations, but also by the sign of circumcision, which they maintain most scrupulously.’

That makes dynamite look like mother’s milk.  Mr Buruma says:

It is hard to think of anything that would cause greater offense to Jews, and particularly to Jews of his own family, who had suffered persecution, forced conversion, and were trying so hard in Mokum, the Safe Place, to become practising Jews again…. his suggestion that Jews had brought the hatred of others upon themselves by refusing to give up their own traditions was especially hurtful…. Spinoza’s argument for assimilation is naïve, and if it had been made by a gentile, it could easily be construed as a form of anti-Semitism.

Well, as someone said, there is nothing new under the sun.  But if we have learned anything in three thousand years of Western philosophy, it is that there is no such thing as the answer. 

And from where I sit, those who think they may get lasting relief on issues like these from a group of civil servants sitting as a royal commission may feel let down.  The Holy Grail may be a phantom outside of Wagner, and whatever else you may say of him, he was not a model politician.

There are limits to the extent to which we should either expect or wish the State to control how we think or talk about others.  The law can only deal with what it can – the rest belongs to the grind or mire of politics.  And the law is not good at politics.

I commend the book.  It is well presented by Yale University Press in the series Jewish Lives, and it comes with luscious rough-cut pages and a French style dust jacket with a portrait – which shows a much softer version of the subject than the one looking down on me in my study.

As for Spinoza, if you wish to join issue with him on any issue of religion or philosophy, gird yourself well, because he has more intellectual firepower in one toe than the rest of us in our whole frame.

BOOK EXTRACT

TRACTATUS THEOLOGICO-POLITICUS

Benedict de Spinoza (1670)

Translated R H M Elwes Second Edition, Revised; George Bell and Sons, Covent Garden, 1889; republished in facsimile by Kessenger Publishing, U S; rebound in half yellow leather and yellow cloth with black label embossed in gold.

Superstition, then, is engendered, preserved and fostered by fear.

The main text that the Inquisition invoked against Galileo was the miracle of the sun standing still for a day to enable Joshua and the Israelites to kill a lot more of the indigenous people whose land God had promised to his chosen people.  This is one of those parts of Scripture that makes a lot of people very nervous about miracles and an all too human God – nor did it do much for Galileo.  Do we really want a God who intervenes in Middle Eastern wars by suspending his own laws to help one tribe kill more of others because he has chosen them as his favourite?  Do we want a God who is so exclusive and so lethal?  If you do not, you may wish turn to Spinoza and Kant.

For some, the only black mark against Spinoza is that Bertrand Russell said that he was ‘lovable.’  This is what Russell said.  ‘Spinoza (1632-77) is the noblest and most lovable of the great philosophers.  Intellectually, some others have surpassed him, but ethically he is supreme.  As a natural consequence, he was considered, during his lifetime and for a century after his death, a man of appalling wickedness.  He was born a Jew, but the Jews excommunicated him.  Christians abhorred him equally; although his whole philosophy is dominated by the idea of God, the orthodox accused him of atheism.  Leibniz, who owed much to him, concealed his debt, and carefullyabstained from saying a word in his praise; he even went so far as to lie about the extent of his personal acquaintance with the heretic Jew.’

Spinoza’s parents were Portuguese Jews forced to ‘confess’ Christianity by the Inquisition.  They migrated to Amsterdam where Baruch (or Benedict) was born.  He was very bright as a child and so intellectually precocious that his own community eventually excommunicated him.  The terms of the cherem chill the blood.  He was described when young as having a beautiful face with a well-formed body and ‘slight long black hair.’  He polished lenses by day and wrote philosophy at night.  He died young of a lung condition that was not helped by his work. 

The Tractatus was published anonymously and was immediately condemned on all sides.  His master-work, Ethics, was not published until after his death.  He lived alone, and frugally – although he enjoyed a pipe and a glass of wine, he could go for days on milk soup made with butter and some ale. 

Spinoza says that his chief aim in the Tractatus is to separate faith from philosophy.  He says that Moses did not seek to convince the Jews by reason, but bound by them a covenant, by oaths, and by conferring benefits.  This was not to teach knowledge, but to inspire obedience.  He then says, ‘Faith consists in a knowledge of God, without which obedience to Him would be impossible, and which the mere fact of obedience to Him implies’. 

As doctrinal dynamite goes, there is enough in his exposition for believers and unbelievers of all kinds to inflict a lot of damage on each other.  And Spinoza gives intellectuals another slap in the face: ‘The best faith is not necessarily possessed by him who discloses the best reasons, but by him who displays the best fruits of justice and charity’.  You might think that a lot, or even most, believers of good will would go along with that proposition, but Plato and Aristotle would have been very, very unhappy, and deeply shocked.

Reason, Spinoza said, was ‘the true handwriting of God.’  His belief is evidenced by the following extracts from the Tractatus.

I have often wondered that persons who make a boast of professing the Christian religion … should quarrel with such rancorous animosity, and display daily towards one another such bitter hatred, that this, rather than the virtues they claim, is the readiest criterion of their faith.

Spinoza corresponded widely on a very high plane, but some letters show homely insights from the least sect-bound of men.  Christ gave ‘by his life and death a matchless example of holiness’; if the Turks or other non-Christians ‘worship God by the practice of justice and charity toward their neighbour, I believe that they have the spirit of Christ, and are in a state of salvation’; the ‘authority of Plato, Aristotle, and Socrates does not carry much weight with me’; and ‘Scripture should only be expounded through Scripture.’  He also asked question similar to one asked by Darwin: whether ‘we human pygmies possess sufficient knowledge of nature to be able to lay down the limits of its force and power, or to say that a given thing surpasses that power?’

The little Dutch Jewish outcast also said:

Every man’s true happiness and blessedness consist solely in the enjoyment of what is good, not in the pride that he alone is enjoying it, to the exclusion of others

Many of those words will ring true for those who have become estranged from religion, and just as many who are struggling to stay with it.  The last citation alone would justify the whole life and work of this very great and holy man.  That sentiment should be put up in neon lights outside every exclusive institution in the land.

Spinoza was a very holy man who crossed on to the turf of less holy men.  Turf wars are the scourge of religion.  The great gift of Spinoza and Kant to mankind was to stand up and stare down those clever and subtle men – alas, they were all men – who claimed to have exclusive rights to the box of tricks without which the rest of us could not get near God or enjoy the grace of true religion. 

They both should be remembered as two of our greatest liberators.  Their legacy is worth so much more than the brackish howls of those bothered God-deniers whose very loudness bespeaks the bankruptcy of philosophy.  Just what does philosophy have to show for itself?  And, just before dawn, did Bertrand Russell see himself as one of those who were intellectually superior to Spinoza?

Buruma on Spinoza

Following my success with this writer on Berlin during the war, I tried my luck with his book on Spinoza, Freedom’s Messiah.  (I have ordered one on Japan during the war.)  It is certainly up to scratch.  This man knows how to put such a book together, on a subject that can be both tricky and touchy. 

Spinoza was a most extraordinary man – who managed to wind up all sorts of people – to the extent that he got expelled from his own community in a country that was pleased with its own level of toleration.  As it happens, I idolize Spinoza – for the reasons given in the note on his most read work that is set out below.

I commend this book by Ian Buruma.  I think he has handled a difficult subject extremely well.  He is like a good lawyer sifting the material and getting to the point in a coherent and persuasive manner.  It is a most useful gift.

I will not review the book, but focus on one point that bears on the current discussion about what some call hate speech. 

We have long had laws that enable police to intervene when someone is offending others in public in a way that may lead to a fight.  The primary driver of the growth of the common law was the felt need to maintain the king’s peace and end the vendetta. 

But once you seek to go beyond that and control what people may lawfully say about religious, political or tribal issues, you get into trouble with that very sensitive notion called freedom of speech.  (I see it is about to be tested in the U S in the case of a man indicted for sending a photo of sea shells – a case brought by dull bigots with a straight face and no sense of shame – all desiderata in the current federal government.)

In the note below I referred to ‘doctrinal dynamite’.  The dynamite went much further than doctrine – in a community where the author had been kicked out of a community by a community that had been kicked out of another country.

Mr Buruma gives one example.  In the Treatise referred to, Spinoza said the Hebrew nation was not chosen by God because of intellect or peace of mind, but because of its social order and the fortune by which it came to have a state.  Mr Buruma says the ‘idea of the Jews as chosen people was nonsense.’

That they had survived for so long was no surprise, since they had ‘separated themselves so from all nations that they have drawn the hatred of all men against themselves, not only by having external customs contrary to the customs of the other nations, but also by the sign of circumcision, which they maintain most scrupulously.’

That makes dynamite look like mother’s milk.  Mr Buruma says:

It is hard to think of anything that would cause greater offense to Jews, and particularly to Jews of his own family, who had suffered persecution, forced conversion, and were trying so hard in Mokum, the Safe Place, to become practising Jews again…. his suggestion that Jews had brought the hatred of others upon themselves by refusing to give up their own traditions was especially hurtful…. Spinoza’s argument for assimilation is naïve, and if it had been made by a gentile, it could easily be construed as a form of anti-Semitism.

Well, as someone said, there is nothing new under the sun.  But if we have learned anything in three thousand years of Western philosophy, it is that there is no such thing as the answer. 

And from where I sit, those who think they may get lasting relief on issues like these from a group of civil servants sitting as a royal commission may feel let down.  The Holy Grail may be a phantom outside of Wagner, and whatever else you may say of him, he was not a model politician.

There are limits to the extent to which we should either expect or wish the State to control how we think or talk about others.  The law can only deal with what it can – the rest belongs to the grind or mire of politics.  And the law is not good at politics.

I commend the book.  It is well presented by Yale University Press in the series Jewish Lives, and it comes with luscious rough-cut pages and a French style dust jacket with a portrait – which shows a much softer version of the subject than the one looking down on me in my study.

As for Spinoza, if you wish to join issue with him on any issue of religion or philosophy, gird yourself well, because he has more intellectual firepower in one toe than the rest of us in our whole frame.

BOOK EXTRACT

TRACTATUS THEOLOGICO-POLITICUS

Benedict de Spinoza (1670)

Translated R H M Elwes Second Edition, Revised; George Bell and Sons, Covent Garden, 1889; republished in facsimile by Kessenger Publishing, U S; rebound in half yellow leather and yellow cloth with black label embossed in gold.

Superstition, then, is engendered, preserved and fostered by fear.

The main text that the Inquisition invoked against Galileo was the miracle of the sun standing still for a day to enable Joshua and the Israelites to kill a lot more of the indigenous people whose land God had promised to his chosen people.  This is one of those parts of Scripture that makes a lot of people very nervous about miracles and an all too human God – nor did it do much for Galileo.  Do we really want a God who intervenes in Middle Eastern wars by suspending his own laws to help one tribe kill more of others because he has chosen them as his favourite?  Do we want a God who is so exclusive and so lethal?  If you do not, you may wish turn to Spinoza and Kant.

For some, the only black mark against Spinoza is that Bertrand Russell said that he was ‘lovable.’  This is what Russell said.  ‘Spinoza (1632-77) is the noblest and most lovable of the great philosophers.  Intellectually, some others have surpassed him, but ethically he is supreme.  As a natural consequence, he was considered, during his lifetime and for a century after his death, a man of appalling wickedness.  He was born a Jew, but the Jews excommunicated him.  Christians abhorred him equally; although his whole philosophy is dominated by the idea of God, the orthodox accused him of atheism.  Leibniz, who owed much to him, concealed his debt, and carefullyabstained from saying a word in his praise; he even went so far as to lie about the extent of his personal acquaintance with the heretic Jew.’

Spinoza’s parents were Portuguese Jews forced to ‘confess’ Christianity by the Inquisition.  They migrated to Amsterdam where Baruch (or Benedict) was born.  He was very bright as a child and so intellectually precocious that his own community eventually excommunicated him.  The terms of the cherem chill the blood.  He was described when young as having a beautiful face with a well-formed body and ‘slight long black hair.’  He polished lenses by day and wrote philosophy at night.  He died young of a lung condition that was not helped by his work. 

The Tractatus was published anonymously and was immediately condemned on all sides.  His master-work, Ethics, was not published until after his death.  He lived alone, and frugally – although he enjoyed a pipe and a glass of wine, he could go for days on milk soup made with butter and some ale. 

Spinoza says that his chief aim in the Tractatus is to separate faith from philosophy.  He says that Moses did not seek to convince the Jews by reason, but bound by them a covenant, by oaths, and by conferring benefits.  This was not to teach knowledge, but to inspire obedience.  He then says, ‘Faith consists in a knowledge of God, without which obedience to Him would be impossible, and which the mere fact of obedience to Him implies’. 

As doctrinal dynamite goes, there is enough in his exposition for believers and unbelievers of all kinds to inflict a lot of damage on each other.  And Spinoza gives intellectuals another slap in the face: ‘The best faith is not necessarily possessed by him who discloses the best reasons, but by him who displays the best fruits of justice and charity’.  You might think that a lot, or even most, believers of good will would go along with that proposition, but Plato and Aristotle would have been very, very unhappy, and deeply shocked.

Reason, Spinoza said, was ‘the true handwriting of God.’  His belief is evidenced by the following extracts from the Tractatus.

I have often wondered that persons who make a boast of professing the Christian religion … should quarrel with such rancorous animosity, and display daily towards one another such bitter hatred, that this, rather than the virtues they claim, is the readiest criterion of their faith.

Spinoza corresponded widely on a very high plane, but some letters show homely insights from the least sect-bound of men.  Christ gave ‘by his life and death a matchless example of holiness’; if the Turks or other non-Christians ‘worship God by the practice of justice and charity toward their neighbour, I believe that they have the spirit of Christ, and are in a state of salvation’; the ‘authority of Plato, Aristotle, and Socrates does not carry much weight with me’; and ‘Scripture should only be expounded through Scripture.’  He also asked question similar to one asked by Darwin: whether ‘we human pygmies possess sufficient knowledge of nature to be able to lay down the limits of its force and power, or to say that a given thing surpasses that power?’

The little Dutch Jewish outcast also said:

Every man’s true happiness and blessedness consist solely in the enjoyment of what is good, not in the pride that he alone is enjoying it, to the exclusion of others

Many of those words will ring true for those who have become estranged from religion, and just as many who are struggling to stay with it.  The last citation alone would justify the whole life and work of this very great and holy man.  That sentiment should be put up in neon lights outside every exclusive institution in the land.

Spinoza was a very holy man who crossed on to the turf of less holy men.  Turf wars are the scourge of religion.  The great gift of Spinoza and Kant to mankind was to stand up and stare down those clever and subtle men – alas, they were all men – who claimed to have exclusive rights to the box of tricks without which the rest of us could not get near God or enjoy the grace of true religion. 

They both should be remembered as two of our greatest liberators.  Their legacy is worth so much more than the brackish howls of those bothered God-deniers whose very loudness bespeaks the bankruptcy of philosophy.  Just what does philosophy have to show for itself?  And, just before dawn, did Bertrand Russell see himself as one of those who were intellectually superior to Spinoza?

Berlin at War

The post below sets out my attitude to the Germans.  As it happens, I gather that Ian Buruma, in his latest book, Stay Alive, Berlin 1935-1945, has come to a similar conclusion.  It concludes: ‘The city itself is a monument, not only to man’s blackest depravity, but to its capacity to be reborn and to live again.’  On the previous page, he had referred to ‘the way the scars of its worst crimes are openly on display.’

While I had heard favourably of him, I had not read any of the work of this writer before.  He has been prolific and successful.  He can afford good research assistants, and he is a master of composition – something so often lacking north of Mexico.  He is also engagingly humane.  He understands that people make history and that it is a collection of biographies.  This book is a string of anecdotes.  What kind of evidence is not anecdotal?  They are strung together artfully and seamlessly throughout.  Mr Buruma is, I think, a natural.

The story of Berlin at the end of the war – not long before I was born – is as close to a picture of Hell on earth as I can imagine.  It is certainly beyond my comprehension.

I was completely engaged from the first page to the last, and I commend the book to your attention.  It is not often now that I am so sorry to put a book down.

And this is on a subject – the capacity for evil in all of us – that we have an abiding moral obligation to confront head on.

The Germans and I

What is it about the Germans that attracts me? 

When I left school in 1963, they gave me a copy of Alan Shirer, The Rise and Fall of the Third Reich.  When we got to 1934, I was shocked to read that in some churches they replaced the crucifix with a sword and the bible with Mein Kampf.  In a perverse way, that had as much impact on me as the mass murders.  How could a people that gave the world Bach, Mozart, Kant, Beethoven and Goethe have murdered millions of people and taken us all back to the primal slime? 

That question has stayed with me since, and it is behind almost everything I have read or written of history. 

In 1967, I hitch-hiked the length and breadth of the nation.  I found people trying to answer the same question.  I went to Dachau, which was not a death camp, and I wept in the snow for what its inmates had suffered. 

But I went to Berlin and saw the Wall keeping out a new form of soulless barbarism.  (I did not know then that Stalin’s murders probably exceeded those of Hitler.) 

When I returned to Berlin in the 80’s, I was transfixed by the progress of reconstruction and the richness of its cultural life.  I was falling in love with the city.  I made a point of going to Dresden twice to see the site of the maximum suffering of the Germans.  I do not regret one bomb.  When a resident said that that raid was late, I had to bite my tongue – it was only months later that some of the ovens were turned off.  A nation that stands behind a government that created the SS Death’s Head Division, and waged a war of aggression against Europe, the USSR, and the United Sates, a nation that buried its doubts about that war or its government when they thought they were winning, simply has no standing to complain if the nations that it has attacked respond with attacks of their own to the last fibre of their being. 

And some forget that the failure of the Allies to finish the job in 1918 led to the result that General Pershing predicted and made it imperative for the Allies to demand unconditional surrender on this occasion.  Both Germany and Japan were reduced to ashes because they were led by manic war criminals who could not bring themselves to surrender. 

Later I went to Wannsee and Sachsenhausen.  Then after the Wall came down, and the country was reunited, the Germans had to come to grips with the horror – that is the word – of the Stasi, and the misery inflicted on so many Germans by so many other Germans.

Lawyers at a high-level conference descended into the heart of darkness and mile after mile of files in the Stasi HQ at Normanenstrasse.  Later I would compare the agony of those taken there by the Stasi to that suffered by those taken to the HQ of the Gestapo at Prinz Albertstrasse (corner of Wilhemstrasse).  The new Jewish Museum is the only building I have been in that feels to me like a work of art. 

All the while, I was penetrating the history of the common law that might fairly be said to have crossed over to England from the forests of Germany – one American jurist said that the laws of America were more German than those of Germany itself. 

I have visited Berlin and New York on about six occasions.  They have about them a kind of in-your-face cosmopolitan directness that makes me want to laugh out loud when I step outside.  I have so many happy memories from both. 

There is a pub at the top of Friedrichstrasse where I was once recognised as some kind of local.  That’s where I ate the most outrageously large pork knuckle and drank the biggest glass of beer I have ever seen.  It’s not far from a guest house named after one of my absolute heroes, Dietrich Bonhoeffer. 

It became a ritual for me to buy a Picasso or Chagall lithograph from Bridget, the flamboyantly displayed owner of an art gallery on Dorotheenstrasse.  I toured the canals with my German friend Gudrun and saw how moved she was at the remnants of the Wall that had divided her nation’s capital. 

Berlin has the best transport system and museums in the world, and at least until recently, it was the one city in Europe where I did not feel like I was being suffocated by traffic and tourists. 

Angela Merkel is head and shoulders above any other statesman in the world, but the Germans do not aspire to leadership, and they get nervy if they see too many flags out. 

I have long wrestled with the fact that the beauty of the music in the Ring Cycle was given to us by a jerk who was so egocentric that he had to write his own libretti (as Gough Whitlam said), but if we cut out art created by unattractive people, we would miss an awful lot. 

When I started to follow Formula I, Michael Schumacher was way ahead of the rest.  He did some bad things.  So did Ayrton Senna – worse, in truth.  But we were told that with Senna, it was Brazilian flair; with Schumacher, it was ruthless Teutonic efficiency.  Stereotyping shows a very bad state of mind. 

In fine, I am very fond of Germany and the Germans.  And one thing I do know.  The evil and misery created by the Gestapo and the Stasi did not come from a German weakness.  It came from our human weakness.  Those who believe otherwise risk treading in the footsteps of Stalin and Hitler.

Lord Denning

The extract from the Memoire below tells you how Lord Denning profoundly influenced my life – and not just as a lawyer.  I idolized him – in the certain and God given knowledge of his failings, and the misgivings of judges who knew so much more than me.  Like Justice T W (Tom) Smith.

I have just read a biography – Lord Denning, Life, Law and Legacy, by James Wilson.  I found it to be excellent.  The author does not lack industry, insight, or maturity, and he is well prepared to square up and avoid idolatry.  I shall not comment further here, but I offer a couple of brief notes – which are reflected in the extracts. 

First, Denning was born in 1899.  In the reign of Queen Victoria, Empress of India.  He put on a uniform and fought – on horseback – in the First World War.  He came not just from a different clime, but a different age.  Do we know what practising law was like when Denning started in it?

Secondly, I am acutely conscious of the differences in judicial technique between Denning and Dixon or Smith.  We cannot afford too much of the former.  About one a century.  Wannabes are bloody dangerous, and self-serving pests.

Thirdly, and relatedly, you would be very unwise not to recognize the sheer horsepower of that intellect.  Again, about one in a century.

Fourthly, I rate Denning as highly as Mansfield – there is none higher – for one simple reason.  They both saw that their main job was to get through their list and release litigants from their agony.  And they did just that, in a way no one since has matched.

Finally, there is that spell-binding courtesy, inside court and out.  It is the first requisite of a judge, and it is just wonderful to see in action, not least so high.  I was so lucky to do just that.  There is something to be said for the good manners they taught under Queen Victoria.

Extract from Memoire

Here is another judge some called ‘Tom’.  Alfred Thompson Denning was known throughout his life as Tom to his friends.  He came from the family of a draper in Hampshire.  He was brought up to avow not only the King James Bible and Shakespeare, but also A Pilgrim’s Progress.  He went to a grammar school and from there on a scholarship to Magdalen at Oxford.  He got First Class Honours in Mathematics and Law. 

Like Oliver Wendell Holmes, Denning put on the uniform, and the Great War had nearly as much impact on him as the Civil War had on Holmes.  One brother became a general in the next war, but another brother died of tuberculosis after the battle of Jutland.  Denning never forgave Admiral Jellicoe for not having a go in trying to finish off the German fleet. 

Like Mansfield, Denning had a horror of unfinished business, and he was never in awe of rank.  He himself survived a gas attack in France, and the snobbery of some at Magdalen, which they say then had a reputation of being a rich man’s college. 

He went to the bench near the end of the Second World War.  He did not give one reserved judgment in his first twelve months.  He almost immediately came under notice as an innovative lawyer with a judgment – given ‘off the reel’- that revived the doctrine of equity precluding people going back on their word in respect of the effect of their contract.  He also wrote prolifically and soon became the darling of law students, and teachers, throughout the common law world.  He had a simple magnetic style that makes governments jittery. 

Denning was the Master of the Rolls, the head of the Court of Appeal in England, for twenty years.  In that time, he redefined the way in which judgments were written in England and elsewhere.  He had a remarkable capacity to state facts simply and then the law just as simply – or so it looked. 

Although he was idolised by academia and younger lawyers, he was distrusted by the old guard on the bench.  He was from time to time criticised, if not savaged, by more conservative lawyers, particularly Lord Simonds.  ‘I, too, was ambitious.  I, too, was accused of heresy – and verbally beheaded, by Lord Simonds.’ 

Our greatest lawyer, Sir Owen Dixon, gave a famous paper (which Smith, J would certainly have agreed with) on the dangers of conscious judicial innovation, and Denning promptly verballed him. 

Denning was protected in his reputation as a radical because this very old-fashioned Englishman, and adherent of the Church of England, was rarely exposed to crime, industrial relations, race relations, or morals generally.  If he had been let loose in those fields, he would have gone down in the esteem of a lot of his admirers. 

Holmes had admired the way that the English Court of Appeal dealt with appeals on the spot.  Denning continued that tradition.  When Denning presided over the Court of Appeal, it heard about 800 cases a year (about the number decided by Lord Mansfield).  About fifty or sixty reached the ultimate court, the House of Lords.  The Court sat five days a week, all day.  Only about one case in ten was reserved.  Judgments had to be written at the weekend.  Only comparatively recently has the court stopped sitting on Fridays. 

Some said that he sat under a palm tree – who knows where the nut may fall? – but it is impossible to find any appellate court in the common law world today operating with the degree of speed, efficiency, rigour, and sheer juristic horse-power, as that over which Denning presided.   Not one appellate court in Australia gets even close now.  Not one of them even tries.  We are only talking of a distance of one generation or so. 

In the course of my grand hitch-hiking tour of Europe, I had a letter of introduction to Lord Denning.  This was a coup for me in January 1967.  Denning was a hero or, as they say now, an icon, for a whole generation of lawyers and law students.  (He still is for me.  He understood Mansfield’s imperative to get the job done and release litigants from their misery.)  I unnerved his associate by asking how you should address a lord.  I found Lord Denning to be a most charming and kindly man.  His first words were, ‘Have we met before?’  After our chat he said that I might care to sit in on the case he was hearing at the moment, but he would not recommend it, because it was a tax case and therefore boring. 

He arranged for me to be shown around the Courts.  His clerk rang me up and asked if I minded if it was a black man.  This sounded odd, but the English were still adjusting to the number of blacks coming there from the former Empire.  A black man did show me around.  We sat down for lunch in Lincoln’s Inn (which goes back to 1422).  There was not a great rush for the others to come and talk to us.  Lord Denning was sitting at the high table.  When he had finished his lunch, he came to ask me how everything was going.  After that, every bastard wanted to talk to us. 

His lordship gave me letters of introduction to big hitters at Oxford and Cambridge.  The envelopes were impressed with the dry seal of his office.  When I produced one to French hitch-hikers at the youth hostel at Stratford, the timbre sec almost blinded them. 

But when I look back now – and I often do – at what Lord Denning did for me, I feel like Charlie Black did when he first saw his King.  Here was the most influential judge in the world, with a forensic mind built like a Rolls Royce engine, at the historical seat of the common law and therefore the British Constitution, meeting a ruffled, pimply law student from the colonies – and remembering him and going out of his way to talk to him.  And he called me by my name.  ‘Hello, Mr Gibson – is everyone looking after you?’  To adapt the response of Charlie Black, ‘it is impossible to overstate the significance of a’ law student being treated by such great man and great judge in this way.  ‘It had simply never entered my mind that I would see this for the first time’ in such a man. 

‘You don’t get over that…’  I floated out to the Strand as if on the clouds.  I would not have been in the least surprised if I had run into Ronald Barassi and he had said ‘G’day, Gibbo – where’ve you been hiding?’  And I often think back on it when I run into one of those bumptious, stuffed prunes or prudes preening themselves as if the world owes them a bloody living, the latterday jumpmasters of footnoted waste.

A Model Civil Servant

The civil servant who gave evidence to a committee about the Mandelson appointment looked to me to be a model of a professional office that withers before our eyes even in England now.  We certainly have nothing like it here.  I watched and listened to Sir Olly Robbins for two and a half hours and I thought he was flawless.  By contrast, the woman in the Chair, who is of the same party as the P M, looked to have been committed from the very start to shafting him. 

I thought Sir Olly was entirely professional and objective, and fiercely loyal to those around and beneath him.  He is precisely the kind of person I would like to see in that position.  God knows we could use a touch of it all here.

There is no doubt that serious mistakes were made in the relevant process, and that these were driven by elected politicians.  I could see nothing to criticize in the conduct of this civil servant, but a lot to criticize in his elected superiors. 

Starmer made obvious mistakes.  I doubt whether they are sufficiently clear to warrant his removal by the House.  What his party does is a matter for it.  But I see nothing in the conduct of Sir Olly to warrant his dismissal – and I will be surprised and disappointed if the English courts do not so hold.

Yet the PM dismissed him – and the inference is clear that he did so to protect himself.  I regard this as his most serious misconduct, and my apprehension about the Chair was justified when she later said, after hearing from Sir Olly, that she agreed with her leader. 

This is precisely the cause of the failure of the Westminster System.  It says Ministers are answerable to parliament.  Instead, they blame the civil service – for which they are said to be responsible – and stroll away whistling.  The process is called throwing the target under a bus. It is on that ground that I believe Starmer should be relieved of his office by his party

The Iran Fiasco

The Vietnam War was a tragic mistake and disaster for the U S.  As a result, in 1984, the U S government announced what is called the Weinberger Doctrine.

  1. The United States should not commit forces to combat unless the vital national interests of the United States or its allies are involved.
  2. U.S. troops should only be committed wholeheartedly and with the clear intention of winning.  Otherwise, troops should not be committed.
  3. U.S. combat troops should be committed only with clearly defined political and military objectives and with the capacity to accomplish those objectives.
  4. The relationship between the objectives and the size and composition of the forces committed should be continually reassessed and adjusted if necessary.
  5. U.S. troops should not be committed to battle without a ‘reasonable assurance’ of the support of U.S. public opinion and Congress.
  6. The commitment of U.S. troops should be considered only as a last resort.

It is difficult to see any of those criteria being met in the war commenced by Donald Trump in Iran.  (He is not allowed to declare war.)  One result is described in the following insightful article.

Wall Street Journal Article on the Fears of Trump

It seemed like Donald Trump’s appetite for risk had run out, and his fears were ramping up.

It was Good Friday afternoon in a nearly empty West Wing soon after the president learned that an American jet had been shot down in Iran, with two airmen missing. Trump screamed at aides for hours. The Europeans aren’t helping, he said repeatedly. Gas prices averaged $4.09. Images of the 1979 Iranian hostage crisis—one of the biggest international policy failures of a presidency in recent times—had been looming large in his mind, people who have spoken to him said. 

“If you look at what happened with Jimmy Carter…with the helicopters and the hostages, it cost them the election,” Trump had said in March. “What a mess.” 

Trump demanded that the military go get them immediately. But the U.S. hadn’t been on the ground in Iran since the government overthrow that led to the hostage crisis, and they needed to figure out how to get into treacherous Iranian terrain and avoid Tehran’s own military. Aides kept the president out of the room as they got minute-by-minute updates because they believed his impatience wouldn’t be helpful, instead updating him at meaningful moments, a senior administration official said.

An image posted on Iran’s Islamic Revolutionary Guard Corps official Telegram channel appears to show a U.S. transport plane and two helicopters destroyed during a rescue mission to locate one of the U.S. airmen.

One airman was recovered quickly, but it wasn’t until late Saturday that Trump received word that the second airman had been rescued in a high-stakes extraction. What could’ve turned into the lowest point in Trump’s two terms, wouldn’t. After 2 a.m., Trump, too, went to bed. 

Six hours later, the chest-thumping president was back with another audacious gamble to loosen Iran’s grip on its most powerful point of leverage, the Strait of Hormuz. “Open the Fuckin’ Strait, you crazy bastards, or you’ll be living in Hell,” he blasted on social media Easter morning from the White House residence, adding an Islamic prayer to the post. 

A president who thrives on drama is bringing an even more intense version of his unorthodox, maximalist approach to a new situation—fighting a war. He is veering between belligerent and conciliatory approaches and grappling behind the scenes with just how badly things could go wrong.

At the same time, the president sometimes loses focus, spending time on the details of his plans for the White House ballroom or on midterm fundraisers—and telling advisers he wants to shift to other topics. 

Trump is dealing with his own fear about ordering troops into harm’s way where some will be injured and some not return home, similar to other presidents who have been at war, people familiar with the matter said. 

Trump has resisted sending American soldiers to take Kharg Island, for example, the launch point for 90% of Iran’s oil exports. While he was told the mission would succeed, and the territory’s capture would give the U.S. access to the strait, he worried there would be unacceptably high American casualties, the people said. They’ll be sitting ducks, the president said. 

Still, he has made risky pronouncements without input from his national security team—including his post about plans to destroy the Iranian civilization—saying seeming unstable could help spur the Iranians to negotiate.

At one point he even mused he should award himself the nation’s highest military honor, the Medal of Honor.

Trump campaigned on ending foreign wars but wagered that he could solve, with American air and naval power, a national security problem that had bedeviled seven previous presidents. Now, a cease-fire is in doubt, a critical trade route has been closed for weeks and Iran’s regime has been replaced with radical new leaders, all threatening to lengthen an operation that Trump has repeatedly said would only last six weeks—a deadline already missed since the war began Feb. 28.

White House officials said they believe a breakthrough in negotiations with Iran could be reached in coming days, and they are eyeing more talks in Pakistan.

The president’s impulsive style has never before been tested during a sustained military conflict. Unlike the successful operation in Venezuela, which buoyed his confidence, Trump is confronting a more intractable foe in Iran, which is so far unwilling to bend to his demands. 

“We are witnessing astonishing military successes that do not add up to victory and that is squarely on the president and how he’s chosen to do his job—lack of attention to detail and lack of planning,” said Kori Schake, a senior fellow at the right-leaning think tank American Enterprise Institute who served on former President George W. Bush’s National Security Council.

Australian Values

This phrase is as slippery as it is silly.  Three stories in The Age yesterday show why.

Prince Harry does have some use.  His work with Invictus is good for those in armed services who return from war – and who are seen as failures.  We in Australia have an appalling record on this going back more than seventy years.  In a fine article on the work of Prince Harry, Rob Harris reminds us that a royal commission found that between 1985 and 2021, 2007 defence personnel killed themselves.  That is an appalling indictment on the whole nation.  On which we are silent.

A Canberra Uber driver named Umair Ayub was sacked by the ‘$210 billion global behemoth’ after its robots recorded that he had not maintained the required approval rating.  Uber maintains its huge workforce by algorithms.  (God help anyone who tries to speak to a human being.)  The industrial body recorded that no human being was involved in any of the decision making, and set the decision aside as ‘illogical and arbitrary.’  It was not called on to decide if Uber was guilty of a crime against humanity.

There has been long running litigation about the wealth of Gina Reinhart that has nearly broken the system.  Fifteen years of legal feuding have cost about $100 million.  Gina Reinhart funds an electoral aberration who gets votes by saying there is no such thing as a good Muslim.

Which of those stories best showcases Australian values?