The Last Oz Tory

 

When Malcolm Fraser gave his concession speech after losing the 1983 election, his bottom lip trembled. Straight away, my mate Jim Kennon was on the blower saying that he had not noticed anything like that on 11 November 1975. Fraser was all very stiff upper lip back then.

Jim was a member of the ALP, and he would later be in government in that party in Victoria. I have never been a member or supporter of that or any other political party, but Jim knew that I admired Gough, and that I was outraged by his dismissal. It may have been the daylight between us politically that led Jim to being so close with me, but I did feel a kind of mordant relief when Fraser got voted out. I did not however take to his successor, and I would not feel the same kind of satisfaction again until Keating removed Hawke.

The stiff upper lip of Fraser stood then for a lot of what I did not like about him or the way that he came to power. Old money, Western District, Oxford University – each tolerable in itself, but not with that born to rule attitude of the Establishment back then. It was beautifully caught by a Tandberg cartoon. When Kerr, the man Gough called the last of the Bourbons, got full at the Melbourne Cup before he presented it, and looked so sadly common, Tandberg had him standing there cross eyed under that silly top hat, saying: ‘I like making presentations in November – like when I presented the nation to its true owners.’

The ineptness of Kerr, and the plain deviousness of Barwick, began the process of the softening of my position on Fraser. He was just a political leader trying to oust a very bad government – the real villains were two smart-arsed Sydney silks who should have known better.

And we should not forget just how inept that ALP government had become – it would be brought home to me every Saturday morning before breakfast at the Prahran Market by the ghastly apparition of Jim Cairns. Here was a former Commonwealth Treasurer selling political pamphlets from a cardboard box on the street – about the complete picture of a typical Australian political tragedy.

Besides, there was other form to consider. The deposition of John Gorton hardly had Melbourne Grammar written all over it, and there were other plots and putsches in the gross Oz manner.  All else paled beside the moral chasm of Vietnam – and Fraser had been in that right up to his neck. Like every member of the government, he was not subject to the ballot that sent our young men overseas to lose a bad war.

The softening up continued when Alcoa was building a huge installation at Portland. This vast project led to my first brief in the High Court. There were lots of dollars and jobs on the table, and some very big egos. The Americans were cutting up rough – until Big Mal called in on them and put them in their boxes. They called him Big Boots, and they were not going to give him any cheek.

I was most impressed – perhaps this aloof, imperious manner had its uses. It then also occurred to me that this kind of man would not find politics easy – it was not just that he was not the affable sort – he was not even prepared to dissemble, and a strong Coriolanus streak told him that chasing votes was vulgar (in the proper sense of that word). He looked out of place with the mob. On the other side, Gough was getting all the cheers – and losing all the elections.

I also changed my mind about the Establishment. For many years I was privileged to act for a number of them while a deluded NCA conducted an inane political witch-hunt. A former of partner of mine, who has authority on this point – ex officio at the moment – said that my guys were not just the Establishment – they were the Australian aristocracy. I came to admire and respect each one of them very much for at least one attribute – courtesy. As I have remarked before, it is like cutlery – it separates us from the apes. We do not put enough value on it, and that now shows in the mannerless nonsense, the plain vulgarity, of the Australian Parliament.

One of my people, Ian McLachlan, held ministerial office in a coalition government. He is as straight a man as I have met, and I was able to see close up how difficult it is for such an establishment man to come to terms with the awful mediocrity of Oz politics. I think that he and Fraser may have had a lot in common – one difference was that Ian got to a point where he could no longer stand the bullshit.

Malcolm Fraser did not leave his job voluntarily. Neither did Gough. Fraser was eventually voted out, and the slight tremble of the bottom lip may have presaged the humanity that he showed over the next thirty years, and the principles underlying which we can now see in his government. It has been a remarkable journey for a man who came under the influence of superior conflict-endorsers like Bob Santamaria and Ayn Rand – although the latter was reported to be unsure of the extent of Fraser’s commitment. She said ‘I don’t think he’s quite selfish enough.’ That statement of Ayn Rand looks to have been true.

A lot of people then and now say that Fraser was a failure as an economic manager in his three terms of office. The present government has blasted for eternity any claim by the Liberal Party to be a superior economic manager, a boast it pathetically made with the reference to the adults being back in charge. Messrs Howard and Costello in their terms of office are now criticised for wasting the mining boom by buying votes by showering dollars on a comfortable middle class in a very successful attempt to prove to them that there is such a thing as a free lunch, and that life was meant to be easy. The present government is finding out how hard it is to withdraw that largesse, either decently, or at all. If the Fraser government was a failure too, the late Dr Cairns is the only one they can beat in my adulthood.

There is a lot of blather about how Fraser moved from Right to Left, whatever that means, or whether he left the Liberal Part or it left him, as if this split was some observable event like the transit of Venus. Fred Chaney is a very decent man. As a politician, he is about my cup of tea. He said that Malcolm Fraser ‘was a very big man in every respect, and to be honest, I loved him.’ He went on to say that the two major parties are no longer recognisable. That is obviously true – the Liberal Party and Labor party are no more now in anything but name – but it is the profession of love that strikes you. Australian politicians do not talk like that, and it is hard to imagine that statement being made of any of the current crop.

Malcolm Fraser now looks like an old fashioned Tory with an old fashioned conscience. It is little wonder that the hard-liners who hunger after unelectability think that he was a wimp, and that the scrabbling vote-seekers who make up the Liberal Party now would rather not think of him at all.

There is something to be said for the Tory view that those who have a stake in the country have a duty to see that it is well administered. It used to be called noblesse oblige. That is just about dead in this country, as, sadly, is the involvement of the Establishment in the governance of the nation. It would of course be as wrong as it would be absurd to revert to the old Tory view that the government should be controlled by the biggest stake-holders, but if you want to know how bleak it gets when they are driven out of government altogether, just look again at the frightful motley that we have in Canberra now.

If not in government, then certainly after it, Malcolm Fraser stood for bringing people in from the cold rather than locking them out. This frightfully exclusive member of the Melbourne Club was far more inclusive than his weasel successors who would hardly be invited in as guests.

What I detect in the public mood in the nation is that they could see in Malcolm Fraser a political leader who was prepared to announce and stand for a position, and, just as importantly, who was a man of both integrity and compassion. In other words, they could see some of the makings of a statesman, and God only knows, there is not much of that about now. It was, I think, not issues of economic management or political ideology that came between people like Fraser and Chaney, and people like Howard and Abbott, but issues of conscience and compassion for people for whom life is not so easy, like refugees and blackfellas. This is what I see so many people are missing in our politics now.

Two things caught my eye in the press reaction, apart from a few matters mentioned above. (I might say that my Kyneton wine merchant and I had a long chat yesterday along the lines above.) One of those expressing his sadness on the TV last night – I do not remember if it was the SBS that Fraser set up – was the Governor of South Australia. That gentleman was born in Vietnam. This was a very moving moment. His Excellency the Honourable Hieu Van Le AO arrived by boat with his wife as refugees in 1977, when Fraser was Prime Minister. They started life here at a migrant hostel. Their two sons are named after Australian cricketers, Bradman and Kim Hughes. His Excellency and his wife were boat people and they may have got a different reception from other prime ministers of Australia.

The other item in the press today is one of the greatest political cartoons of all time. It is by Bill Leak in The Saturday Australian. Gough and Malcolm are in heaven, seated on a cloud. Gough is seated on Malcolm’s right hand reading The Australian. The caption is ‘Seated at left hand of Gough.’ With that ineffable and lofty ease, Gough says: ‘They’re all still at each other’s throats I see.’ To which Malcolm knowingly replies: ‘Don’t bother with that, Comrade – death was meant to be easy.’

Qantas – Is anyone there?

The other day I booked by phone – at a price for the cheek of wanting to talk to a human being, and possibly even an Australian – flights with Qantas to Darwin and from Broome.  I had to use the phone because this laptop has a virus.  I did not get the promised email confirmation.  The next day the hire car company offered me a real inducement to reverse the air travel and fly to Broome and from Darwin.

Back on the phone.  After about twenty minutes, of waiting while those parroted ads drive you mad in cycles, I put the phone down  – and I lost the connection.  I started again.  At nearly forty minutes, I thought I might explode.  A remarkably sane operative pacified me, and changed the flights.  She said that the previous booking had not been confirmed because it was unworkable, but she said I would shortly get an email confirmation.

That has not arrived.  My unwell computer shows no sign of recent activity on my Frequent Flyer account – except that they recently cancelled 120,000 points without warning to me.  So I look for an address to send a query to.  Not on your Nelly mate.  We are not into talking to people, much less long standing customers.

This confirms my view that if you have any option, you are a mug to fly Qantas.  They must be the most notorious business in the world for abusing their best customers.

I recall that I wrote a note about nasty and incompetent corporates many years ago.  I will try to attach a copy.  Nothing has changed.  I then had to hire a travel agent to do combat with the flaks at Frequent Flyers.  Well, they have now seen to that, and I just have to get ready to give up half an hour or so for aural abuse, and then run smack into a wall of inept silence.

A little bird tells me that management – yes, they do claim that title – are getting ready to get rid of the flak-catchers they have on shore.  Perhaps the Indians are tougher as well as being cheaper.

In the unlikely event that you trip over someone connected with Qantas, could you ask them to let me know about my flights.  They know where I am – which is more than I can say for them.

Further reflections on the decline and fall of courtesy follow.

THE DECLINE OF COURTESY AND

 

 

Nat King Cole

Ella Fitzgerald had as good an enunciation of English, certainly as a vocalist, as I have ever  heard.  Not all baby boomers would be familiar with Ella – but they will all remember Nat King Cole, and his unforgettable style and articulation. ( ‘Unforgettable’ was one of his big hits. )  His style helped to define the 50’s and carried on into the ’60’s.  People forget that Cole started as a pianist, and developed a trio that became famous.  I have a CD of twenty songs done by the trio, all first recorded in 1947.

While setting up to record the qualifying sessions of the Grand Prix,   I came across a TV documentary that I could not turn off.  It had comments from Tony Bennet and Sinatra, and the two sons of the great Nelson Riddle.  Cole had a voice and style that is now as instantly recognisable as that of Louis Armstrong.  Although Cole was a jazz musician, his vocals were closer to those of Tony Bennet than Ella Fitzgerald.  He was a popular singer or crooner.  He was immeasurably assisted by the arrangements of Nelson Riddle, a man whose genius – the word is not too strong – was recognised and employed by Sinatra.  With uncharacteristic modesty, Sinatra wondered whether he and Riddle ever reached the same plateau that Riddle and Cole had.

This country has not had a good record with racism, but we have no idea what it was like in the U S.  I can remember the Nat King Cole TV show.  This kind of show was common then – remember Perry Como? – but he was the first black man to have his own show.  It was a revelation and a revolution.  The production was seamless.  There was a skit where Tony Bennet insisted on introducing himself, and another where Sammy Davis Junior told Cole he had to have a style, and then proceed to mimic it flawlessly.  The great Ella Fitzgerald swung by with her inimitable ease and grace.  All these people gave their time for free.  They finally found a sponsor.  A plainly moved Harry Belafonte spoke of how much it meant to people of colour.  It was number one in its time slot – but the South hated it, and killed it after 60 episodes.  Cole said that Maddison Avenue was afraid of the dark.

It is shocking to recall this now.  Shortly after, Cole suffered badly from a bleeding ulcer.  He was hospitalised, and the doctor forbade him to go on tour in the South – they worried that if he fell ill, no hospital would admit him.  This happened in my lifetime, to a gentle man and supreme artist.  When Cole did get to Alabama, he was  assaulted, and then his own people turned on him for being meek.

Cole died of cancer before he reached sixty.  He had smoked heavily all his life, as so many did then.  So far as I know, he had not succumbed to the darker scourge of the jazz world in his time.

Opinions vary on Mr Obama as President.  I have a very high opinion of the man, and I am glad that I celebrated his swearing in with a number of Blood Marys starting at 4 am.  But whatever else might be said of Mr Obama, the shocking cruelty handed out to Nat King Cole, and recent events in Ferguson in the South, show the colossal importance of the mere fact that Mr Obama was elected at all – and  twice.  Many have tried, but they have not been able to turn his show off.

Commercial bullshit and Energy Australia

What follows is more research for a book on how not to think or write – the subject this time is commercial bullshit.  A company called Energy Australia does a real line in it.  They can tell an aggrieved customer they have ‘escalated’ a dispute by sending it higher up.  They will have a date with destiny at VCAT in Bendigo in June and see another kind of escalation.

Some years ago now, Tom Wolfe wrote a book called Radical Chic and Mau-Mauing the Flak-Catchers. The first part was the story of a party that Leonard Bernstein gave for the Black Panthers. He did not know that Tom Wolfe was in the assembled gathering, and was planning to write about it. (To avoid having people see their black butler and maid, the Bernsteins hired white South Americans to wait on their guests.) The second part of the book was about how the beneficiaries, if that is the term, of the American social services system subject public officials behind the counter (the ‘flak-catchers’) to a reign of terror when they discuss their entitlements. (One Mau-Mau handed over ice-picks that he said were taken from gangs in return for financial grants.)

Well, we might now see the whole party for the Black Panthers as an exercise in bullshit, but we have now privatised the flak-catcher operatives, and the Mau-Mauing goes the other way. Large trading corporations now routinely train operatives not just to catch flak, but to hand it back with all of the vigour of a Mau-Mau expert. These big corporations are just walking all over us and our way of life.

The problem with so much of what the corporates tell us is not that it is sincere, but that it is anything but sincere, as in ‘Your call is important to us.’ And then they proceed to show that they are lying by keeping you hanging there while they blast your eardrums with propaganda calculated to establish that Doctor Joseph Goebbels was a person of taste and refinement.

 

When Tim Cook was addressing the faithful at Apple, he said: ‘at the end of the day, this is a very important day for Apple. When I step back from this terrible scenario…I think it is about the awareness piece. I think we have a responsibility to ratchet that up. That’s not really an engineering thing.’

An executive at AT&T got positively excited: ‘We actually think that the industry is actually at a place where you can actually see line of sight to the subsidy equation just fundamentally changing, in a very short period of time.’

 

One corporation said that it would ‘action forward’ and asked if that ‘resonates on your radar’? PwC announced a new HR position: ‘Territory Human Capital Leader.’ When ABN Amro fired 1000 people, it said that it had acted ‘to enhance the customer experience.’ Ernst & Young trumped them comfortably. After it fired people, it said that it was ‘looking forward to strengthening our alumni network’ – with all the commanding logic of double entry accounting.

 

A director of KPMG who is a specialist in social media said that too many CEOs were not making enough use of social media like Twitter or LinkedIn. Some said it was narcissistic. (Perhaps they were put off by selfies, or just morons on trams or trains.) ‘They are missing the opportunity to not only follow leading thought leaders and experts in different fields around the world but also engage with a variety of stakeholders.’ The head of social media at a bank said: ‘This is not about having 100 likes on Facebook. It is about the business value, the value to our customers of doing this.’ Learned authors in the Harvard Business Review commented:

Old power works like a currency. It is held by a few. Once gained, it is jealously guarded, and the powerful have a substantial store of it to spend. It is closed, inaccessible and leader-driven. It downloads and it captures.

In case you thought that they were talking of the Nazis or the KKK, the authors showed us new power:

New power operates differently like a current. It is made by many. It is open participatory and peer-driven. It uploads and it distributes. Like water or electricity, it’s most powerful when it surges. The goal with new power is not to hoard it but to channel it.

That sounds like sex – but this is the Harvard business School (that knocked back Warren Buffett).

 

Some bishops see themselves as middle managers. It is not therefore surprising to see one church say on a new appointment of bishops that this was a ‘radical step in our development of leaders who can shape and articulate a compelling view and who are skilled and robust enough to create spaces of safe uncertainty in which the Kingdom grows.’

 

We might segue to political bullshit. When discussing his move from Immigration to Social Services,

Scott Morrison said ‘I have no need or interest or desire to take this policy area into a combative space.’

Bullshit in a high place and at higher expense

While researching bullshit for a chapter in a book on how not to think or write, I noted the following.

A man called Tim Wilson was appointed as Australia’s Human Rights Commissioner in February 2014 on a package that is now north of $400,000 a year according to press reports. What were his credentials for this high office and even higher pay-cheque? Mr Wilson sets out his credentials on his website as follows.

About Tim

Tim Wilson is Australia’s Human Rights Commissioner and a classical liberal public policy analyst. He is one of Australia’s most challenging opinion leaders drawing on strong philosophical principles, backed up with evidence while maintaining a real-world edge. Passionate. Controversial. Fearless. He’s not afraid to be outspoken in offering an optimistic solutions-focused perspective on local and international issues that gets people engaging and talking.

Quick summary

Appointed as Australia’s Human Rights Commissioner for five years from February 2014.

International public policy analyst specialising in international trade, health, intellectual property and climate change policy.

Recognition

Recognised by The Australian newspaper as one of the ten emerging leaders of Australian society as part of its 2009 Next 100 series.

Inaugural graduate of Monash University’s John Bertrand leadership series.

Australian Leadership Award from the Australian Davos Connection 2010 recipient.

Recognised by Same Same as one of Australia’s 25 most influential gay and lesbian Australians in 2010.

Fellow of the 2010 Asialink Leaders Program at the University of Melbourne.

Participant in The Australian newspaper’s 2011 Shaping Our Future: Ideas to Change a Century series on public health financing.

Inaugural participant in the 2011 Australian-ASEAN Emerging Leaders Programme run by ISIS Malaysia, the St James Ethics Centre and Asialink…..

Twice-elected President of the Monash University Student Union.

Selected as a News and Public Affairs judge at the 2012 TV Week Logie Awards.

Media and commentary

Regularly published in print media, including The Australian, the Wall Street Journal Asia and Europe and the Australian Financial Review and newspapers across Australia and the Asia Pacific.

Appears on Australian and international television and radio.

Regular radio programs on 2CC, 3AW, 4BC, 6PR & 774.

Regular guest on New York’s nationally syndicated radio program, the John Batchelor show, with John Batchelor and US editorial board member, Mary Kissel.

Regular television programs including ABC’s Q&A, The Drum and News Breakfast, Channel Ten’s Bolt Report and Sky News’ The Nation, the Contrarians and Lunchtime Agenda.

Previously co-hosted ABC News 24 TV’s Snapshot segment.

Regularly contributes to journals and books and speaks at conferences.

Education

Currently completing a Graduate Diploma of Energy and the Environment (Climate Science and Global Warming) at Perth’s Murdoch University.

Completed specialist executive education on intellectual property, diplomacy and global public health in a joint program of  New Jersey’s Gibbons Institute of Law, Science & Technology at Seton Law School and Geneva’s Institut de Hautes Études Internationales et du Développment.

Completed specialist eexecutive education on global public health policy and diplomacy in a joint program of Geneva’s Institut de Hautes Études Internationales et du Développment and the World Health Organisation.

Completed specialist executive education on intellectual property at the World Intellectual Property Organisation’s Worldwide Academy.

Studied the WTO, International Trade and Development at Geneva’s Institut de Hautes Études Internationales et du Développment.

Trained carbon accountant from Swinburne.

Completed a Masters of Diplomacy and Trade (International Trade) from the Monash Graduate School of Business.

Completed a Bachelor of Arts (Policy Studies) from Monash University.

Completed a Diploma of Business.

Board and professional service

Current Board Director of Alfred Health (Alfred, Caulfield and Sandringham hospitals) .

Current member of the Australian Health Practitioner Regulation Agency’s Victorian Board for Nursing and Midwifery.

Former member of the Department of Foreign Affairs and Trade’s IP industry consultative group.

Previous Member of the Council of Monash University (Australia’s largest University with campuses in Australia, Malaysia, South Africa, Italy and the United Kingdom).

Previous appointed member of the Steering Committee of the Sydney Opera House’s Festival of Dangerous Ideas.

Previous Board Director of Monyx (Food and retail services company).

Previous Chairman and Board member of the Monash University Student Union Pty Ltd.

Previously

Former policy director at the Institute of Public Affairs – the world’s oldest free market think tank.

Former Senior Fellow at New York’s Center for Medicine in the Public Interest.

Worked in international development across South East Asia.

Delivered Australia’s 2006 logistical and policy aid program to help the Vietnamese government host APEC.

Trade, Intellectual Property and Environment policy consultant.

Personal

Member of the Fawkner Park Tennis Club, Melbourne Cricket Club, Melbourne Football Club, Mont Pelerin Society, Museum of Modern Art (New York), the National Gallery of Victoria, RACV Club, Royal Brighton Yacht Club and the Tate Modern (London).

Enjoys walking, running and bike riding.

Management

Mr Wilson is represented by Shaun Levin from Profile Talent Management, +61(0)3 8598 7808……

 

Well, it is evident that Mr Wilson has a God-given penchant for bullshit of the purest order. The intro to his website is five star rolled gold bullshit. Mr Wilson has hardly any credentials at all for his office or pay-cheque – except a big head and a bigger mouth, and that penchant for pure bullshit. And when Mr Wilson puts that mouth to work, the results are breathtaking.  If you go to Mr Wilson’s website, you will find a post ‘Charlie Hebdo vs 18C: no contest ‘on January 19, 2015 .  For the purpose of this note, I take it as read.  It is set out below.

Which of the remarks of Mr Wilson do you find to be the most sensible, coming as they did less than a fortnight after the murders?

The post is mainly about the meaning and effects of some of our laws. Among the many tickets that Mr Wilson has collected, such as being a trained carbon accountant, a lawyer’s ticket is not one of them. Well, who says that you should have some idea about what you are talking about? This is a free country is not? When you are pulling down a salary of about the level of that of the Chief Justice of the High Court of Australia?

Mr Wilson suffers from the intellectual malaise of his political masters and patrons, those most bounteous providers for his welfare. He is not long on rational thought. He prefers slogans and labels. It all comes down to ‘censorship’ and self-censorship. The point of all this invective and venom, and self-mortification, appears to be that Mr Wilson fears that the law is so badly structured that it would not be safe for him publicly to answer or refute the proposition of the man that he is so happy to vilify at our expense. That involves a legal question. Perhaps Mr Wilson may have sought legal advice about what he as saying. Then he should have been told that nearly everything that he had said was bullshit.

And notice how combative Mr Wilson gets with his opponents. Those who disagree with him – or Mr Andrew Bolt – engage in ‘cheap party tricks’. An aboriginal boxer said on TV that homosexuality and aboriginal law were incompatible and that homosexuality should not be shown on prime time TV. Mr Wilson took serious offence at this, but he did not answer the allegation by looking at the meaning and effect of aboriginal law. No, instead of rational and polite argument, Mr Wilson plays the man. In AFL terms, he hangs out a coat-hanger. ‘Mundine has probably taken too many blows to the head in the boxing ring and his comments are stupid and offensive’. Not content with branding his opponent as punch-drunk, stupid and offensive, Mr Wilson later builds up to ‘despicable’ and ‘bigotry’, the intellectual death-knell of his primary patron

If there is a substantive argument about the law that Mr Wilson refers to, you may have trouble in seeing the connection between the murders in Paris on the ground of religion and an Australian debate about offending or insulting people on account of their race. Is it any more than this? These murders in Paris deter people from speaking their mind on religion. Murders are bad. Therefore Australian laws that deter people from speaking their mind on race are bad too. Even though the abolitionists say nothing about the other more general laws to the same effect which do not mention either religion or race.

Since 1789, people in Paris and what is now Australia have been committed to the idea that we should be free to do what we like provided that it does not injure others. By the time you categorize all the ways in which others may be injured by speech, there is not much content left to the original idea of ‘freedom’ of speech – the freedom is determined by the ambit of the exceptions, and where you draw the line is where you get the arguments. This is very common in the law.

The events in Paris remind us that there are hundreds of millions of people in the world who can be greatly hurt by speech directed at their religious belief – so hurt that many of them want to kill those responsible. It is curious that that reminder leads some politically driven people in Australia to resume their campaign to abolish a law that gives another category of protection against injurious speech. Mr Wilson is clearly a man with an agenda, a man on a mission.

And do you not find it hard to banish a suspicion that Mr Wilson might think that he is just a little bit smarter than Mr Mundine – or, perhaps, just a little superior ?

Charlie Hebdo vs 18C: no contest, The Australian

Posted on January 19, 2015 by Tim Wilson

CHARLIE Hebdo would have been a legal publication in Australia. But it would have faced regular efforts to have it shut down or censored under state and federal laws.

In Australia the primary legal weapon used against Charlie Hebdo would have been section 18C of the Racial Discrimination Act, which makes it unlawful to offend, insult, humiliate or intimidate on the basis of race, colour, national or ethnic origin.

18C doesn’t cover religion, but Charlie Hebdo published many cartoons on race as well as ethno-religious topics that could have been deemed offensive under it.

This is outlined in the explanatory memorandum to the bill that introduced 18C.

The memo said “it is intended that Australian courts would follow the prevailing definition of ‘ethnic origin’ … (which) involves consideration of one or more characteristics … this would provide the broadest basis for protection of peoples such as Sikhs, Jews and Muslims”. It’s this interpretation that led to former Sydney Morning Herald columnist Mike Carlton facing a complaint under 18C because of his disgraceful anti-Semitic language.

18C would have been used against Charlie Hebdo because it sets a low bar to restrict free speech. Administratively, 18C also makes it easy to take action; all you need is an aggrieved party and an arguable case.

Charlie Hebdo’s publishers would then have been caught up in regular disputes and subsequent legal battles if they refused to back down. After significant cost and time, courts would have had to test whether each cartoon enjoyed exemptions under the impossibly opaque section 18D of the act, which requires publication to be undertaken reasonably and in good faith.

Many cartoons were satirical, but they were also designed to strongly provoke and didn’t seek to minimise the offence caused. That may mean they wouldn’t always be covered by the exemptions. Each one would have to be assessed on its merits.

Even if 18D did apply in all cases, that doesn’t justify 18C. Section 18D doesn’t protect free speech. Arguing it does is absurd. In practice, 18C declares you guilty, 18D allows you to profess your innocence.

Censorship doesn’t just occur because a court silences a voice. Censorship also occurs because bad laws allow publications to be bullied through legal processes until their only viable option is to cower and self-censor.

Charlie Hebdo would have been destroyed through a thousand 18C complaints.

The Charlie Hebdo massacre is a tragedy, and it should be a reminder that we need to defend free speech even when speech offends and insults.

Offence and insult are subjective, emotional responses to the actions of others. Individuals can be offended and insulted by just about anything, even when it is not intended. For that reason, a law that prohibits speech that merely offends and insults sets the bar too low. Instilling these principles in law ultimately leads to self-censorship.

For example, last year Anthony Mundine did an interview on Channel 7’s Sunriseprogram. During Andrew O’Keefe’s interview Mundine said Aboriginality and the “choice” of homosexuality were incompatible and homosexuality shouldn’t be shown on prime time television. The basis of his comment was “Aboriginal law”.

Mundine has probably taken too many blows to the head in the boxing ring and his comments are stupid and offensive. We can say both those things. And in a free and democratic country Mundine should be allowed to say stupid and offensive things.

But that doesn’t mean the basis of his offensive comments is wrong. Across the country I’ve met gay and lesbian Aboriginal Australians who have told me horrible stories of how they’re treated.

Not that poor treatment of gay and lesbian people is limited to Aboriginal culture. Many ethnic cultures engage in even more horrific treatment of gay and ­lesbian people, including in Australia.

But if we want to harshly criticise the justification of Mundine’s commentary we risk offending his ethnic origins. Because of 18C Australians have to cautiously discuss the topic, especially non-Aboriginal Australians.

The example highlights a fundamental flaw of 18C. The assumption behind the law is that racism essentially comes from the dominant racial group against minorities. That isn’t the case. Sometimes minorities judge each other horribly and harshly.

One of the cheap party tricks of 18C’s defenders is asking the leading question: “What is it that you want to say that you can’t say?” The assumption is that you want to say something racist. That isn’t the case. When Mundine made his despicable comments I censored my response because of 18C and the risk that I’d offend or insult his heritage.

Would I have been let off because of 18D? Possibly. I can’t say with confidence my comments would have been judged to have been in “good faith”.

Regardless, I don’t fancy being hauled through the Human Rights Commission or a court for refusing to apologise. So it is to self-censor rather than criticise another’s bigotry.

Chalk that up as a victory for social inclusion and harmony. 18C gives legal privileges to some to be bigots while we allow the law to intimidate others into self-censorship who want to respond.

Faith and the State

People will have different views on the address of the Prime Minister of Israel to the US Congress.  I personally found it at best demeaning to watch legislators of the Great Republic bob up and down like north Korean pop-ups while being lectured – no, harangued – by the elected leader of their number one client or puppet state.  It is not the kind of behaviour that would have gone down well with the Caesars.  Although it is none of my business, I do not see how making the security of Israel a party political issue in the US might  improve the security of Israel.  It just takes that issue out of their hands.  As I see it, that security depends on Israel maintaining the faith of the West, and this kind of vulgar politicking is precisely calculated to undermine that faith.

Still, that is a matter for others and others have different views.  Two things are clear, though.  The Israeli invitee is reported to have said: ‘I deeply regret that some perceive my being here as political.  That was never my intention.’  There are two lies there, each as black as Hell.  The second thing is that this bull-nosed lying self-righteousness shows why from at least one side we will never have peace in the Holy Land.  Ever.

I am unclear where we get the right to tell Indonesia how to run its justice system.  We object to the death penalty.  It is, I think, still on our books for treason, and I think most Australians, including me, would have no trouble in enforcing that law in case of  treason against us in a real war.  But some countries still have the death penalty in times of peace.  Two of our major trading partners are examples – China and the US.  This is not an answer to the question arising from the imminent execution of two Australians in Indonesia, but it is a real question.  Why are we doing nothing about the ‘revolting’ killings conducted elsewhere?  Is it because the US is Christian and white, and Indonesia is Asian and Muslem?  Is the Muslem view of capital punishment closer to the Old Testament – where it is endorsed so often – than the New Testament?

The President of Indonesia thinks that he would break faith with his people if he acceded to the foreign pressure being applied to him and declined to execute his nation’s laws – as he is obliged to do.  Where do we get off telling him what his duty is or how to keep the faith of his people?

General Petraeus was credited with securing a better result in Iraq by the ‘surge’.  When he came back to the States one time, he met people with placards saying  ‘Do not betray us, General Petraeus.’  That was said by two journalists I respect to be in bad taste.  Perhaps it was.  So is losing a husband or son in a bad war – and few wars are good.  The general later fell from grace, and today the press reports that he will plead guilty to illegally providing classified secrets to his mistress.  He did betray them after all.

Doubtless it will be said that there has been no real harm.  Nothing could be further from the truth.  The damage flowing from such a failure by the officer in command is beyond measure.  The loss of faith inside the army and out is poisonous.  I personally would characterise this offence as being at least on the level of that alleged against Edward Snowden.   I could imagine many soldiers thinking he should be behind bars for a very long time.  It will be an interesting test of equality in the US justice system.

Finally, press reports say that the supporters of the Prime Minister have been blacking Mr Turnbull in the branches – over issues like gay marriage.  The reports say that the Christian Right has been very active.  The word ‘Right’ caught my eye.  To my mind, the last sighting of the Christian Left occurred about two thousand years ago when a Jewish tearaway gave the bum’s rush to the money dealers in the Temple and in so doing signed his own death warrant.  Since then the faithful have been unrepentantly Right.

Terror in Paris VI – The Trouble with Islamophobia

 

Toward the end of the last volume of Remembrance of Things Past – and when you get that far, it is a moment to savour – a phrase caught my eye. (It is at page 353 in Volume 6 of the Modern Library boxed set.) During one of those endless meditations on character in time, we get from the narrator:

I had seen the vices and courage of the Guermantes recur in Saint-Loup, as also at different times in his life his own strange and ephemeral defects of character, and as in Swann his Semitism.

I cannot recall seeing Semitism without the anti- before. The narrator is saying that he could see the Semitism in the man called Swann. Swann is a Jewish character, and the narrator appears to be saying that he could see those characteristics in Swann that made him or identified him as a Jew.

Before you can be against (anti) something you have to be able to identify what that something is. This, then, is the start of the slippery slope. You have to put people in a box, to brand them. Having identified the person as having the characteristics of a group, you then treat that person by their membership of the group, rather than on their own merit. How long will it be before the narrator or a Vichy gendarme pins a yellow cross on M. Swann?

What struck me as odd about this reference to Semitism only became apparent on reflection. What was it about M. Swann that identified him to the narrator as being Jewish? It is hard to think of a decent answer – of an answer that does not reveal that the narrator uses the types for Semitism that we associate with anti-Semitism. M Swann was not an orthodox Jew – they make themselves as plain by their dress and appearance as a muslem woman wearing the facial veil (niqab).

People who show off their differences can hardly complain if those differences are noticed. And if they want to live separately from the rest of the community, they may not be surprised if the rest of the community treats them differently. If they want to live with their own laws, with their own language, and in a distinct area or ghetto, and with their own garb and customs, then they may not be surprised if others in the wider community get unsettled by their apartness. People who remain determinedly separate do not generally do so because they feel that their way is inferior – they do it because they feel that their way is superior. This is likely to lead to feelings of rejection in others, and to an adverse reaction. People who want to confront others with their differentness may be trespassing dangerously on the tolerance levels of the rest.

It is very bad for supporters of Israel in their conflict with Muslems to accuse their critics of being anti-Semitic. Criticising Israel, for example for its policy on settlements or for its handling of Gaza, has nothing of itself to do with anti-Semitism, any more than my criticising Australia for its treatment of refugees would make me a socialist, racist, or not a patriot, whatever that awful word means. Yet this attack or riposte is too often made or threatened, and every time that happens, those responsible risk making their false assertion come true.

I cannot help feeling that something like that is going on with the curious word Islamophobia. A phobia is a kind of fear. It is perfectly possible for a person to have rational fear of Islam without being subject to an irrational fear of or prejudice against any one Muslem or most of them. A rational fear of what a religion might do to its adherents, or those who do not adhere to their faith, is very different from an irrational rejection of or prejudice against individuals of that faith, or even the religion as a whole.

The word Islamophobia does not appear to have a settled meaning, but it gets loaded and fired often in response to the remarks of people who do not subscribe to Islam about murders committed in the name of Islam that we call terrorism. It sounds a little like what happens when critics of Israel are branded as being anti-Semitic. It is called playing the race card.

Is the fear felt by some about the role of Islam in the world a rational fear?

The main causes of terrorist attacks in the West over the last thirty or so years appear to me to include the following.

  • The conflict between Israel and the Arab world, or between Jews and Muslems in and around Israel. It is hardly possible to see any resolution of that conflict in the foreseeable future. There is no appetite for peace on either side, and some think that the end will only come with the bomb. My sense is that most Australians are fed up with both sides.
  • The schisms in Islam, particularly between Sunni and Shia.
  • The misplaced intervention by the West in the Middle East, in particular the drawing of an imperial map over the Middle East after the Great War, the betrayal of the promises made to Arabs during that war, the failed interventions in Iraq, and Afghanistan – the failure is probably irrelevant: what matters is the invasions – and the current action in Syria and Iraq. The Arab world, and a substantial part of Islam, says that the creation of the state of Israel by western powers is by far the most destabilising and war-provoking act of the West. It is not easy to think of any intervention by the West in the Middle East that has not made things a lot worse there.
  • The complete failures of governance in Muslem countries or areas. Examples are the rise of Boko Haram in and around Nigeria and of ISIL in Iraq and Syria. It looks like all of North Africa will descend at one time or other into this kind of chaos and misery – together with Muslem areas in other parts of Africa – as one state after another fails. Saudi Arabia and the Gulf States all look ripe for revolution, and will fall apart as oil loses its power. They are sitting ducks for impoverished puritans. Generations of misery await all those nations, with the possibility of generations of spreading conflict from the outraged oppressed.
  • The failure of Muslem communities in the West to integrate and get on in their host country, and the consequent feelings of failure, rejection or frustration that alienate young Muslems from their host country and lead some of them to go off to a murderous fairy tale of jihad in their spiritual homeland.
  • The failure of Muslem communities properly to educate their young or to shepherd their disaffected members. Host nations like England, America, and Australia do not have these problems with other migrant groups from Asia or from other faiths. France is the most exposed because of its appalling imperial record.

They seem to me to be the main factors behind the worse forms of terrorism facing the West. The problem has got worse for host countries after the London bombings since when it has been apparent that the West faces threats from home-grown terrorists – who profess Islam. The attack on the Twin Towers was mainly made by Saudis organised by an evil man from abroad, but we now have to face and to monitor and be asked to change our laws in a way that we would rather not do in response to native born terrorists who were brought up in the faith of Islam and who claim to kill in the name of that faith.

You can be as critical as you like of the US and the rest of the West, and as critical as you like of the policy and territorial ambitions of their number one client state, Israel, but it is impossible to ignore the role of Islam in each of those elements.

What we do know is that the most dangerous sentiment that you can harbour is that you should expect aggression from those who have been oppressed; it is second only in dangerousness to the sentiment that conflict and bitterness can decently pass from one nation and generation to another.

You might then consider the following about Islam in the world at large.

  • It is difficult to find one Islamic nation to admire. There are so many black holes in Africa and the Middle East. The richest, like Saudi Arabia, are the most backward, brutal and corrupt. The Saudis are more preoccupied with feudalism and royalty than Australia even, and Saudi Arabia ought to be treated as a pariah state. The geographic and spiritual heart of Islam is a viciously intolerant clerical state. Governors and clerics compete in violent repression, and it is the main source of financial support for jihadis around the world. It is of course a trusted ally. Egypt was a post-card Arab Spring nation that has lapsed back into evil military rule that is now bent on standing over Islamic ‘fundamentalists’, and which was holding an Australian journalist after a legal process that would not be admitted here in a cattle auction and on charges that would have made Hitler and Stalin blush. What is happening elsewhere in Africa and the Middle East is unthinkably barbaric to a degree not seen since the Attila the Hun and the Dark Ages. Turkey, Indonesia, and Malaysia have claims to civilisation, but they differ from most of the West in their corruption, their susceptibility to religious intervention in the affairs of state, and a control of communications that we would find both unacceptable and uncivilised. Malaysia has just jailed an opposition leader for being homosexual and Indonesia is set to execute foreign nationals after a cruel and unconscionable delay.
  • It is difficult to see many nations where the host country is happy with its Muslem minority or where the Muslem migrants are successfully integrating. In many there is actual conflict or political movements against Muslems. That is likely to get worse as terror attacks continue, and the foreign wars involving Muslems continue.
  • Since the fall of Constantinople in 1453, the positive influence of Islam in the world has waned. It is difficult to point to the Islamic centres of learning, law, science or art that have made any lasting contributions to the civilisation of the world.
  • The Ottoman Empire was a disaster for humanity. Not one former member is in good shape, specifically including Turkey and Greece, each of whom would rather forget or deny it. The notion that there might be another Caliphate is about as attractive as that of another Holy Roman Empire or a Fourth Reich.
  • Islam itself is ill defined and is claimed by warring sects. There is no hierarchy that allows spokespeople to speak on the behalf and bind them. People may not like the Pope or the Vatican, but at least they know who they are dealing with. At least the Vatican can officially disown ratbag sects. People distrust shadowy outfits like the Masons or the CIA who do not want to own up to their past or to show their present.
  • Worst of all is the lack of certification for the Imams. It is unthinkable that the mainstream churches in the West would unleash clerical representatives like these ragamuffin upstarts many of whom are evangelists of violence. This is a huge problem because too often the poison is seen to have been planted by nasty, ignorant, unbalanced men who are crooks or quacks who should never have been allowed any status to purport to teach or preach on behalf of any faith. Even the best of them look unpersuasive. Even after the recent Paris murders, too many Islamic commentators said that it was bad – but….people who play with matches might get their fingers burnt. When the Twin Towers went down, Muslems danced in the street in many parts of the world. The problem of getting good spokespeople for the Arab or Muslem cause has troubled the BBC’s Dateline London – experienced Arab journalists come on and you count down until the rant starts. This is shockingly unhelpful, because it reinforces all of those stereotypes about irrationality in that region.
  • Young men who fight for IS get a spiritual charge from, and they claim a theological basis for, their killings. Other Muslems may say that the faith of the killers is perverted, but the argument about whether the killers are Muslems at all is at best sterile. One issue is that there is no Muslem body that can effectively rule these people out of Islam, and dealing with these terrorists without dealing with spiritual and religious issues is like fighting the Viet Cong without worrying about the hearts and minds of the people. There has to be a theological and spiritual response. This craving for death and the everlasting does not come from social failings.
  • The attitude of Islam to half of the world – women – is not acceptable in the West. The full facial veil is an affront to the beliefs of most people in equality. Muslem educational insitutions do not look encouraging, and they attract, fairly or otherwise, frequent allegations of massive corruption and fraud on the state, and a failure to reach local standards. Sharia law is a ghastly throwback to the Dark Ages that is more alarming than the Old Testament. It is appalling that some seriously suggest it might be allowed here in Australia.
  • The lack of integration and social success brings its own images of failure and foreignness. The Muslem communities look separate and unassimilated and unattractively Asian in ways that the Chinese and Vietnamese communities, for example, do not. Those communities are assimilating while retaining their own traditions, and they are rising to the top in all fields of life. The failure and frustration within Islam in Australia in turn becomes a function of the community’s separatism. And so the cycle goes, and the youth leave for purer devotion, and so, terrorism. If people want to live apart and be seen to live apart, not to say down at heel, they need not be alarmed if they are treated as different; if they want to be exclusive, they need not complain if they get to be excluded.
  • Above all, there is the difference in the space that religion occupies in their lives and in the lives of their nations. For the most part, people in the West are relaxed about religion – even those who adhere to one, who are becoming a minority. Churches and synagogues are used to coming under fire from all directions, and their adherents accept that it is just a matter of luck which faith you are born into, rather like race, and that each of the three faiths to come from the Middle East claims to have the answer, and so is committed to denying a central tenet of the others: this is just one of the hurdles at which many of the unbelievers fall. The state is secular, and the people are relaxed and tolerant. Islam, to put it softly, does not fit well in this scheme. In no part of the world where it has prevailed does it accept the separation of church and state which is fundamental in the West, and has been since the Reformation.
  • You then have to add the fact that the exercise by infidels of their right to express their opinions freely, which is equally fundamental, too often leads to conflict that leads to violence and then to murder. Adherents to Islam hunger for a penal law of blasphemy which they will never get in the West, but which those in the West are revolted to see enforced in the Islamic East by the lash and beheading. The short answer to those Muslems in the West who have these feelings is that they know where they can go – but, as ever, people want to have their cake and eat it. They could go to Bahrain and be in state where a new TV station lasted for only thirty minutes.
  • Finally, while the other faiths are waning perceptibly, Islam is growing overseas and here, and it just as a matter of time before they have the numbers here. You would seriously understate the matter if you said that other people might find this consequence to be a little disturbing. There is the ironic twist that the excesses in the name of Islam is rubbing off on religion generally, and this will help Islam claim the field.

You might then see how the foreign and domestic woes of Islam come together in Australia, and most other host countries in the West.

  • If you add the difficulties that we see in Islam overseas to those we see in Islam as we import it into Australia, you will understand why the host country here, like host countries elsewhere, is looking at the a nightmare for a migrant country – its migrants are not just bringing in conflicts and hatreds from their mother countries or regions, but they are spawning offspring here who return to the old country and refine their hatred and study how to return and murder their hosts.
  • The West sees its civilisation as resting on Judaeo-Christian traditions. You will never see the West claiming Christian-Muslem values. The Jewish communities are assimilated and successful. The natural temper of those communities at large and their host nations is to back Israel against the Arabs. That has been almost obligatory in the U S, and therefore Australia, which follows the US on foreign policy almost blindly. This adherence to Israel is fading in both Australia and the US, because of the territorial ambitions of Israel and its leaning toward becoming a dominant theocratic state, but such movements do not appear to be helping sentiment toward Islam. However that may be, most Australians do not want to see the hatred of the worst flashpoint on the planet reflected in conflict between their own peoples who claim to be Australians. As what passes for the Left gets animated against Israel, what passes for the Right gets animated against Islam, and that split helps nothing. As time goes by, we may see in Australia a tendency to treat conflict between Israel and the Arabs in a similar way to that in which they saw conflicts imported here from the Balkans in the 1950’s, and just regard them all as mad, bad, and dangerous to know. The short answer is that we do not need any of it.
  • The blend of failure at home and abroad, whether that failure is real or perceived, leads to true believers reaching out for prophets who have the answer. The answer takes away all doubt and fear, and the price is unquestioning and mindless obedience – life then becomes so simple. The prophets themselves are the product of rejection and frustration – the model of the frustrated reject and angry young man turned fanatic is Adolf Hitler – and the true believers have a cause which brings its own crazy togetherness. The cause offers redemption, here and above. These believers, unlike the secular fascists or communists, are also assured of eternal life, the ultimate gift or prize. That prize easily outweighs any life that stands in the way of these credo killers. How do you deal with an enemy for whom death is the reward and who just gets more dangerous in jail?
  • The enemy is not terrorism, but the beliefs and promises that underwrite it. The contribution of Islam to that result is unique. The faith may be said to be false, but how do you destroy an idea that gives meaning to peoples’ lives? And what do you do to criminals who get worse in jail and who long for martyrdom?

Now, most of the matters raised above are very general, and they all involve questions of degree, but there is in each of them enough to understand why many people in Australia, and other host countries, fear what Islam may do to people, whether they adhere to that faith or not. It is quite impossible to seek to stigmatise and dismiss fears that naturally arise, which are entirely rational, under some pejorative epithet like Islamophobia. Indeed, it is the apparent inability of so many Muslems and their leaders to square up to these sorts of problems that just makes other people more afraid.

In speaking of the murders at Charlie Hebdo, Tariq Ali, the voice of the Godless Left, in the London Review of Books, in a piece headlined The Muslim Response, quoted someone as saying that ‘It didn’t need to be done.’ But what was unnecessary was not the murders, but the action of the journalists in provoking religious people. The personal judgment of Mr Ali was that ‘the radicalisation of a tiny sliver of young Muslims….is a result of US foreign policy over the last decade and a half. Some of these Muslims have been happy to acquire new skills and priorities while fighting in Bosnia and more recently, Syria.’

Well, there you have it – the Americans started it, and the French journalists asked for it. It is not the wanton lack of logic that causes concern – it is the absence or revulsion or pity. And if you are having your head sawed off by an ourangatang gone berserk, it may not be much comfort to your or your children that this mad killer is part of a ‘tiny sliver’ of young Muslems. who refined his sawing in Bosnia or Syria.

The great scourges of mankind have been tribalism, nationalism, and religion – the order you choose will reflect on where you stand. The terror we now face draws on all three, but religion does look to be the worst.

The believers might ponder the following. Five men on death row or in a hospice are doomed to die shortly. There is one each of the Hindu, Buddhist, Muslem, Jewish, and Christian faiths. Each has acquired his faith from his parents and each does his best to live by it. Are we to take it that what happens to each after his death will depend solely upon the lottery of the faith that he was born into, and that each of them follows a faith that decrees that one of them might enter Paradise while the other four are just left for dead – or worse?

It matters not that Christianity in previous times perpetrated much worse crimes against humanity, or if you take the view that the greatest single threat to world peace and terrorism now comes from the territorial ambitions of Israel, or that the United States and its allies have just made everything else so much worse by their imperialism and belligerence – if you allow all those assertions and more, you are still left with the same problems of Islam.

Nor does it reduce the fear of the West that it can show the most remarkable hypocrisy about its role in poisoning Muslems against it. American Sniper is a film about a young American man who specialises in killing Muslems who do not know that he is there. He kills dozens and dozens of them, far, far more than were killed in Paris, on the footing that ‘you kill every male you see.’ He was a disaffected young American who saw people on television being senselessly killed on the other side of the world, and who decided to go and kill those on the wrong side – who just happened to be Muslems. He refers to his victims as ‘savages’.

The picture was nominated for six Oscars and had the best debut in January ever in the U S. This roaring commercial success is not there to build bridges to Islam. It is set to overtake The Passion of Christ, another film that reached out to conservatives. This serial killer is the hero of the crowds in the cinemas. A talking head on Fox news, the voice of the Far Christian Right, thought that Jesus would thank the sniper for dispatching unbelieving Muslems to the lake of fire. And it might be as well just to pass over the obsequies for the recently deceased King of Saudi Arabia.

And to come back to Proust, you might get an idea of what something like Islamism might look like to those who are outside of it, and why that picture is so unattractive beside that which is apparently seen by people inside it. There are in truth many things about Islam that make others very afraid of what it might do to people and it just does not help to say that other religions have the same effect on people, or worse – the problem is the failure of the followers of Islam around the world to come to terms with the rest of the world. Their problem is that they do not see the problem. The main reason for the fear of Islam is that so many Muslems do not see what there is to fear.

 

PS

I should make a disclosure. I hold some shares in Westfield and Scentre. The credo killers claiming to represent Islam have said that they will kill people attending properties of those companies because of the Jewish connection of the principals of those companies.

An unhappy marriage

 

Tolstoy famously began a novel by saying that all happy families resemble one another, but each unhappy family is unhappy in its own way. In the bad old days, people just endured marriages that were plain bad. Now people are not legally locked in. They are free to separate and divorce. By and large, they and those around them are better off as a result if they choose that option. This is, I suppose, a part of what we call progress.

It looks like we are about to see a similar act of mercy take place between Europe and Greece, at least for the monetary union under the Euro. It is I think widely accepted that the currency union was a mistake – at least in extending to nations in the south that were not capable of living up to such a union. That we know now was plainly the case with Greece. They told some awful lies to get in and people up north just chose to look the other way for their own political reasons. A union so flawed from the beginning was always going to be fraught. I gather that both sides are now coming to the sensible conclusion that the proper thing to do is what other people do with a bad marriage – just call it off and stop the pain. There might be some immediate distress, but ultimately both sides will be better off.

The other day, I spoke to a Liberal MP. I asked her what distinguished the Liberal Party from the Labor Party. She identified her concern for small business. I think that many in small business might hope to do better under the Liberals than Labor. If you translate that, it means that ultimately the Liberals will put the interests of capital over those of labour more often than Labor – say on the issue of penalty rates or termination. But neither political party here will admit to any such distinction, much less proclaim it.

Something like that must underlie the huge difference in the economic performance of northern Europe over that of the south. In the south, the tendency is for labour to be favoured over capital, and one result is that business is not as successful in those countries. We saw this recently with Air France. It is being squeezed between gulf carriers and cheap carriers. The directors therefore planned to start a new cheap airline of their own. That did not suit the French pilots. They like the deal they have, and bugger anyone else. They went on strike and forced management to shelve the idea. Local protectionism had won. The French are famous for this. The pilots are OK, but the company and the nation are worse off. Labour had prevailed over capital.

When people speak of the need for Mediterranean countries to undertake structural reforms, they mean revising labour laws to stop protectionist rackets like this. Too much of industry in the south is run like medieval gilds or sheltered workshops. That is why industry is being drained out of countries like France and Italy that have not been strong enough to break up the protection.

Greece has incurred a chilling level of pain and personal misery in trying to keep up with the north and to keep up payments on their loans. But they have also made, as I understand it, next to no progress on the reforms required to halt their ingrained corruption, tax evasion, and protectionism that comes under the term ‘clientelism’.

The new government says that it will clean all this up. That, like the Arab Spring, may take more than one generation. In the meantime the Greeks are left to bemoan their pain, which they may have incurred for nothing, because they have not been able to change how they live. It is hardly an adequate response to put a bad label on what they are being asked to do by confirming obligations solemnly entered into in their name, demonising their lenders and economic betters, and personally insulting the leader of the most successful of them. Then they vote into government a party that says it will renegotiate a deal with parties who have no interest in renegotiating anything, and when elected the new government tells the other parties that it wants time to formulate a proposal.

It is ironic that a disaster that began by the Greeks making promises that they knew that they could not fulfil looks like being brought to an end by a government that won office in precisely that manner. It is also ironic that those who champion elected governments over technocrats are witnessing the coup de grace delivered by an unelected technocrat.

You could never imagine a man better suited to antagonise to the point of madness the partners and lenders of Greece than Yanis Varoufakis. He is an Australian Greek Marxist academic blogger who has never been involved in running a business or government. Despite all those disqualifications, he has a sublime confidence in his own rectitude which he imparts with manic, nervy jests to the faithful at his side. If you have not caught his act yet – in SS leather great coat and Burberry scarf – do so. He makes Jack Palance look like a neutered weasel, but when he gets on to the word that starts with ‘a’ and ends with ‘y’, he sounds like Hitler on Versailles – although some, like Keynes, may have thought that Hitler had a better case of grievance.

Mr Varoufakis’ speciality is game theory, but when Bloomberg called his bluff, he smiled at his own joke, which he does all the time, and said that there is no plan B – there is only Plan A; therefore he was not playing games. He is altogether terrifying. Imagine the Finance minister of Finland telling his government that Mr Varoufakis would like them to pass a law depriving Finns of their property to accommodate the wishes of this man to avoid an obligation binding on his nation.

For good measure, Mr Varoufakis accused Europe of holding a gun to the head of Greece. That remark must satisfy most criteria of madness. Mr Varoufakis is the ultimate political time bomb – a passionate zealot with no idea of his own huge limitations.

My sense is that the north has had enough, and that they are preparing to do the humane and sensible thing, and dissolve an unhappy marriage, either now or sometime in the next year or so. There is no reasonable ground for believing that Greece will be able to lift its game to the extent needed up north, and unless the right thing is done, they will be just setting the stage for the next showdown along the road. Surely the governments up north have enough to do looking after their own.

But this time I can at least say that it looks like being none of my business. The markets look bored, and unlike four years ago, when I really lost sleep, no one is holding a gun at my head. And Mr Varoufakis might find the politics of the Chinese and Russians more congenial. Certainly, borrowing from them might complete his financial, and that of Greece, in a manner that might fairly come to be called terminal.

Paris and Terror VI – Terror in History

 

Terror, as we saw, has a long history in the Holy Land – I refer back to the first post in this series.

Terror has featured in the history of Israel since before that nation was born. Terror was an essential part of the process of the birth of Israel. Evelyn Waugh spoke of the British successors to Allenby ‘decamping before a little band of gunmen.’ This led Paul Johnson to refer in his History of the Jews to ‘yet another contribution to the shape of the modern world: the scientific use of terror to break the will of liberal rulers. It was to become a commonplace over the next forty years’ – the book was published in 1987 ‘but in 1945 it was new. It might be called a by-product of the Holocaust, for no lesser phenomenon could have driven even desperate Jews to use it. Its most accomplished practitioner was Menachem Begin.’

Begin came from a Polish town where only ten out of 30,000 were not murdered. Names like the Irgun and Stern Gang were associated with religious fanatics who became serial murderers. ‘It was my faith against his faith.’ The celebrated bombing of the King David Hotel killed twenty-eight British, forty-one Arabs, and seventeen Jews. Was that rate of slippage acceptable? A sixteen year old school-girl gave a warning as part of the plan. Begin mourned the Jewish casualties alone. Begin later saw that two British sergeants were hanged and that their bodies were mined.

The massacre at Deir Yassin in 1948 was greeted by Begin as ‘this splendid act of conquest…..As at Deir Yassin, so everywhere, we will attack and smite the enemy. God, God, thou hast chosen us for conquest.’ That is a piece of the book of Joshua and some see it as ‘relevant to the moral credentials of the Jewish state’. More than half a million Arab inhabitants fled Israel. Begin later became Prime Minister, but the Arabs, inside Israel or not, do not see any difference in the policy or practice of various governments, which they see as a policy of merciless expansion at their expense. Religious leaders on each side assure their followers that God is with them. The little area of Jerusalem might be the most accursed on earth.

It was the same with the war of independence that led to the creation of the republic which is the prime protector of Israel – and as the Arabs see it, the prime cause of the prolongation of their agony. The rebels in America who rebelled against their king were liable to be hanged for treason. Appalling atrocities were committed on both sides – as happened when an invading trained army meets guerillas defending their own soil. To see what their troops would meet in Vietnam or Afghanistan, American generals needed only to look at what happened to the British Army around Valley Forge and elsewhere. We are now familiar with the transition from terrorist to freedom fighter to liberator to national hero and founder of the nation – but you have to win. And in the meantime, as one American rebel said, you stick together, or hang separately

The second President of the US, John Adams, was severe early on about what to do with the oppressors: ‘This [the Tea Party] is but an attack on property. Another similar exertion of popular power may produce the destruction of lives. Many persons wish that as many dead carcasses were floating in the harbour as there are chests of tea. A much less number of lives however would remove the causes of all our calamities.’

When the war started, the American colonists felt that they were fighting on the moral high ground, a position that they have never surrendered. Appalling crimes were committed on both sides, especially in the civil war in the south between the Patriots and Loyalists. There were, Churchill said, ‘atrocities such as we have known in our day in Ireland.’ Professor Gordon S Wood said that the ‘war in the lower south became a series of bloody guerilla skirmishes with atrocities on both sides’ (like Vietnam). But for the intervention of the French, this civil war – guerilla war may have gone on for years and degenerated into what would happen in Latin America with ‘Caesarism, military rule, army mutinies and revolts, and every kind of cruelty’ (like the Roman Empire).

The mention by Churchill of the atrocities in Ireland is interesting because until recently Britain was haunted by the spectre of Ireland and terrorism. Those crimes in turn ultimately derived from outrages committed by the English in Ireland over more than six hundred years. The ethnic cleansing effected by Cromwell at Drogheda and elsewhere was done in the name of God and against a native people that the English saw as racially inferior. Racism in religion is a potent driver of terrorism.

As for France, the use of the word terrorist still takes colour from the Terror that was invoked in self-defence by the young republic. Before the government instituted its own regime with the guillotine and the Law of Suspects, the people – the masses for some – had taken matters into their own hands by massacring suspected enemies like priests in the infamous prison massacres in 1792 remembered as the September Massacres. ‘Let the blood of the traitors flow. That is the only way to save the country’, croaked Marat. At various prisons men broke in to slaughter the inmates. From about a thousand to fifteen hundred people, mainly ordinary criminals were killed. It was common to set up a cruel mockery of a hearing where the suspect could be examined while listening to his or her predecessor being slaughtered behind the door. One survivor of the Abbaye recalled that they used to watch the butchery so as to try and learn how to die with the least pain when their turn came. ‘Man after man is cut down; the sabres need sharpening, the killers refresh themselves from wine-jugs. Onward and onward is the butchery; the loud yells wearying into base growls. A sombre-faced, shifting multitude looks on; in dull approval; in dull approval or dull disapproval; in dull recognition that it is a Necessity.’

The September massacres of 1792 are not just a case of inmates of gaols being no worse than their gaolers, or what might happen when power is given to those who are least to be trusted with power. Nor is it just a case of venomous force of envy and the cruelty of the revenge of the dispossessed. Nor is it just a case of the danger of rule by the people – it is a case of the danger of rule by people. The mainstay of the rule of law is that we are ruled by laws, not men and women. The September Massacres are the jurists’ final nightmare – lynch mobs licensed by a failed state.

France would be convulsed by uprising and terror time and again in the nineteenth century. In 1848, a revolution ended in a bloodbath that disgraces Western civilisation. That very great writer Gustave Flaubert left us an amazing picture of hell on earth that must test our endurance. ‘Nine hundred men were there, crowded together in filth, pell-mell, black with powder and clotted blood, shivering in fever and shouting in frenzy. Those who died were left to lie with the others. Now and then, at the sudden noise of a gun, they thought they were all on the point of being shot, and then flung themselves against the walls, afterwards falling back into their former places. They were so stupefied with suffering that they seemed to be living in a nightmare….Because of a fear of epidemics a commission of inquiry had been appointed. On the first steps, its president flung himself back, appalled by the odour of excrement and corpses. When the prisoners approached a ventilator, the National Guards on sentry duty stuck their bayonets, haphazard, into the crowd to prevent them loosening the bars. The National Guards were in general pitiless. Those who had not been in the fighting wanted to distinguish themselves now, but all was really the reaction of fear. They were avenging themselves for the journals, the clubs, the doctrines, for everything that had provoked them beyond measure for the last three months; and despite their victory, equality (as if for the punishment of its defenders and mockery of its enemies) was triumphantly revealed – an equality of brute beasts on the same level of blood-stained depravity; for the fanaticism of vested interests was on a level with the madness of the needy, the aristocracy exhibited the fury of the basest mob, and the cotton night-cap was no less hideous than the bonnet rouge. The public mind became disordered as after a great natural catastrophe, and men of intelligence were idiots for the rest of their lives.’

After the Paris commune of 1870 – the event that leads to the word Communism – about 20,000 communards were slaughtered. Emile Zola said: ‘The slaughter was atrocious. Our soldiers…meted out implacable justice in the streets. Any man caught with a weapon in his hand was shot. So corpses lay scattered everywhere, thrown into corners, decomposing with astonishing rapidity, which was doubtless due to the drunken state of these men when they were hit. For six days Paris has been nothing but a huge cemetery.’

So, violence, uprisings, and terror are part of the fabric of history of the West, and not just the Third World or failed states. The most august components of what we know as the West have had their share of terrorists. And that is without going to the Christian church – to, say, the Crusades, or the Inquisition, or the brutal murder and repression of natives in every land that western nations brought within their empires.

It will be adequate to refer to some well-known passage of Edward Gibbon on the crusades.

The cold philosophy of modern times is incapable of feeling the impression that was made on a sinful and fanatic world. At the voice of their pastor, the robber, the incendiary, the homicide, arose by thousands to redeem their souls by repeating on the infidels the same deeds which they had exercised against their Christian brethren; and the terms of atonement were eagerly embraced by offenders of every rank and denomination. None were pure; none were exempt from the guilt and penalty of sin; and those who were the least amenable to the justice of God were the best entitled to the temporal and eternal recompense of their pious courage. If they fell, the spirit of the Latin clergy did not hesitate to adorn their tomb with the crown of martyrdom; and should they survive, they could expect without impatience the delay and increase of their heavenly reward.

Gibbon then goes on to describe the beginning of the first Crusade.

Some counts and gentlemen, at the head of three thousand horse, attended the motions of the multitude to partake in the spoil, but their genuine leaders (may we credit such folly?) were a goose and a goat, who were carried in the front, and to whom these worthy Christians ascribed an infusion of the divine spirit. Of these, and of other bands of enthusiasts, the first and most easy warfare was against the Jews, the murderers of the Son of God. In the trading cities of the Moselle and the Rhine, their colonies were numerous and rich, and they enjoyed under the protection of the Emperor and the Bishops the free exercise of their religion. At Verdun, Trèves, Metz, Spires, Worms many thousands of that unhappy people were pillaged and massacred, nor had they felt a more bloody stroke since the persecution of Hadrian …. The more obstinate Jews exposed their fanaticism to the fanaticism of the Christians, barricadoed their houses, and precipitating themselves, their families and their wealth into the rivers of the flames, disappointed the malice, or at least the avarice, of their implacable foes.

Gibbon next savages the institution of knighthood and then goes on to describe the taking of the Holy City, Jerusalem.

A bloody sacrifice was offered by his mistaken votaries [Tancred’s] to the God of the Christians: resistance might provoke, but neither age nor sex could mollify their implacable rage: they indulged themselves three days in a promiscuous massacre; and the infection of the dead bodies produced an epidemical disease. After seventy thousand Moslems had been put to the sword, and the harmless Jews had been burnt in their synagogue, they could still reserve a multitude of captives whom interest or lassitude persuaded them to spare. …. The Holy Sepulchre was now free; and the bloody victors prepared to accomplish their vow. Bare-headed and bare foot, with contrite hearts and in a humble posture, they ascended the hill of Calvary, amidst the loud anthems of the clergy; kissed the stone which had covered the Saviour of the world; and bedewed with tears of joy and penitence the monument of their redemption. This union of the fiercest and most tender passions has been variously considered by two philosophers: by the one, as easy and natural; by the other, as absurd and critical.

Yes, the murderers of Muslems were offered the crown of martyrdom and an increase in heavenly reward, but does any of this tale of cruelty and misery have any meaning for terrorism being inflicted in the name of Islam now?

Dog days at Ballarat

Penalties

The film Fury that I reviewed here was one I saw in Ballarat. I remember stopping at Creswick on the Midland Highway on the way back home for lunch in the sun. I ordered a pie and a milk drink. The drink arrived after five minutes. Five minutes later, I inquired about the pie. ‘We are just warming it up.’ In a take-away café on the Midland Highway? A bloody pie? Woe is Creswick.

Alas, things are worse in the big smoke at Ballarat. When I got back to my car after the movie, it had a parking ticket. I immediately wrote a polite note saying that it had been issued in error. The letter was as follows.

I enclose infringement notice 72083850 given in error today.

I parked in the relevant Bay 3 at about 10.12 and paid into the machine the full three hours. The machine told me it was good until 1.15. I recall it well, because I was going to the movies two blocks away at 10 am, and had driven around a little to find a meter which would safely allow me to see the film. I attach the ticket to the film, showing an end at 12.29. I was back at the car by about 12.40.

I do not know how the error occurred in the machine, but if I had been given a ticket to display, we would not be having this discussion.

The other reason I recall this well is that I had fed another meter $3 before I realised that street had a I hour cap.

I would be glad if you could ensure that the ticket is withdrawn.

I got no response and concluded that the issue was dead – I could not produce the ticket I bought because that machine did not issue them, as the better ones do. Then I got a follow up notice demanding extra fees – unlawfully – so I responded with another note enclosing a copy of that referred to above.

I have now received a polite response delivered with lightning speed – within a week of receipt of my second letter. That response says:

The matter has been reviewed taking into account your written request and a report submitted by the issuing Traffic Officer. The decision to serve the Parking Infringement Notice has been reviewed by the Manager Community Amenity and the Coordinator of Parking Services. The outcome of the review is that the decision to serve the Parking Infringement Notice is confirmed and as such the fine must be paid. Please note the agency fees of $23.80 have been waived.

The letter politely tells me they may take further action, or I might refer the matter to court.

What could be fairer? I have been given a hearing by something like a court of appeal – a manager, a coordinator, and an officer. Well, what would have been fairer for them would have been for them to have given some reasons for their decision, which in substance entails preferring the word of a machine to the word of a citizen. All they do is to say that they have reviewed the matter and come to a decision. They do not say why, or if they thought that I was dreaming or just making it up.

Was there something about what I said that struck them as odd? Is this the way for a government agency to behave when it uses machines that encourage this kind of error when it has access to those machines that make this kind of dispute impossible? I am not criticising the relevant officers – I am criticising every part of a system that makes public servants act judicially when they are not trained for that purpose, and the whole of our constitutional history says that it is wrong.

Well, you might say, I have the option of going to court. This is, if you like, a Magna Carta right. Not before my peers, but someone independent of the triumvirate that has made the present ruling. This right is eight hundred years old this year, and it is important in protecting us against government. Government officers do after all have an interest in protecting the sources of revenue from which they are paid.

So I could go to Ballarat, an hour each way. If I was lucky enough to get on in three hours that would be five hours plus petrol. If I was a tradesman charging $80 and hour, the opportunity cost would be $400 – more than seven times the fine. If I were a heart surgeon, the costs could be a lot higher.

That is the kind of dull oppression that led me some years ago to pen the attached note on how we are surrendering our rights. The easiest thing to do is to pay and tell the people at the Regent Cinema and Scott’s over the road that they have lost a customer. Those governing their city have different views on amenity. They greatly prefer their dollars over the interests of those who wish to visit their city and patronise their merchants. It is after all not unheard of in this country for government to be acting directly contrary to the interests of small business. And Ballarat is famous for officers of the law going after bits of paper and checking that government fees have been paid. A significant part of the city’s revenues comes from people who visit the shrine of the rebellion at Eureka.

Read on for the 2009 note on penalties.