Living with Terror and I S – Part I

 

 

What would it be like to live under I S?  From what we know it is a police state run by fanatics by applying terror.  That describes France under Robespierre, Russia under Stalin, and Germany under Hitler.

Terrorism is a broad church.  There are arguments now about labels for killings by fanatics, if not lunatics, who appear to judge and hate people by applying labels to them.  That very circle should make us wary about applying labels to the culprits.  The recent atrocities in the U S and the U K could be described as crimes of hate – if you go in for labels.  The U S attack was immediately described as ‘terrorist’; the U K attack was not.  How significant was the religious claimed affiliation of the first culprit?  How different might be the degrees of mental illness of the two culprits?

In a book called Terror and the Police State, Punishment as a Measure of Despair (Amazon, 2014), I sought to look at aspects of terror in the three regimes mentioned above – involving two of the most civilised nations in the world.

What is terror?  Terror is extreme fear.  If I feel terror, I feel an intense form of fear.  When we talk of ‘the Terror’, we speak of a government that engages in terrorism – it pursues terror (or extreme fear) – for political purposes.  Some people think that terrorism has only recently become a big issue.  They are wrong.  It is as old as humanity.  The book of Genesis is full of it, with God taking an active part in many forms of terror and with terrifying results, as you would expect from a being that is all powerful.  The Oxford English Dictionary says that terrorism is ‘government by intimidation’ and a ‘policy intended to strike with terror those against whom it is adopted’.  The first instance of terrorist in the Oxford is ‘applied to the Jacobins and their agents and partisans in the French Revolution’.  The editor might just as well have referred to the Russian and German examples that we will come to, but in all such cases, including the Jacobins, the terrorists were people in the government.

Except for a limited form in a black hole like North Korea, we do not see terrorism much in government now, at least not in a form that governments own up to.  Some might see the killing of suspected terrorists on foreign soil as an instance of terrorism in itself, but the answer to the question will depend on what side you are on and where you are standing.  If you have just seen your family obliterated by a drone sent by a regime that you regard as being as evil as it is faithless, you will see yourself as a victim of terrorism that entitles if not requires you to respond in kind, and just as randomly.

We still plainly see terrorism in those who try to bring governments down and in religious fanatics who want to achieve either that objective or some other religious purpose.  At the time of writing – in mid-2014 – some fanatics under the label IS are pursuing terrorism to create an Islamic state.  One of their ways of inducing extreme fear is by cutting people’s heads off in public.  This was the preferred mode of terrorism employed by the Jacobin government in France just a few years after the white people from England set up their first colony here as a jail.  The French preferred the guillotine because it was more humane and more efficient, although, as we will see, circumstances would drive them to look for quicker ways to kill, as would be the case with the SS in Germany.

What we see now is people who kill for a belief.  These beliefs confer total certainty and demand total obedience.  These killers kill for a belief that excludes tolerance for any contrary belief and any diversion or softening on other moral grounds. ‘I believe – therefore I kill’.  Credo ergo caedo.  They become what might be called credo killers.  They are prepared to kill and die for a belief because that belief means more to them than life itself – or at least this life.  The promise of eternal life is a real killer.  How do you deal with a religious fanatic who wants to die and who only gets worse in prison?

I propose to post extracts about terrorism from that book.  The role of terror in police states will be looked at under some or all of the following headings: Degradation; Scapegoats, suspicion, and proof; Surveillance; Denunciation; Fear; Popular courts and show trials; Propaganda, religion, and cults; Banality and the surreal; and The Horror.

You may be surprised just how much of the form and substance of the horrors of the twentieth century were prefigured in France at the end of the eighteenth.  We need to get a more balanced view of what ‘terrorism’ means.  There are of course differences between the terrorism practised in the three regimes dealt with in the book, and terrorism practised by bodies like the IRA, KKK, or I S, but there is also the risk that in responding to terrorist bodies like those, we undermine our own political and legal welfare, and we then head toward becoming a police state ourselves.

Here is the first such extract on degradation, and a nation does not have to live under terror to degrade itself.  Just look at Donald Trump.

Degradation

When Descartes famously asserted as the irrefutable basis of his metaphysics ‘I think, therefore I am’ – Cogito, ergo sum – some people of an acute philosophical bent may have ventured that the word ‘I’ might have to carry a lot of weight for that proposition to be sufficient to build a whole system on.  If you assume that you know nothing, what might I mean?  Well, that sort of thing might be OK in metaphysics, but it means nothing to most people.  But according to Arthur Koestler in Darkness at Noon, it meant something to his principal targets, the Communists in Russia.  There the secret police say that the word ‘I’ is ‘a grammatical fiction.’

It is not surprising to hear this asserted in a totalitarian state.  The whole object of such a state is to ensure that the individual – the owner and the professor of the word ‘I’ – does not get in the way of the state.  For them, the state is everything, and the individual – the ‘I’ – is nothing.  The sense of self, or a person’s sense of worth – their dignity – is degraded in so many ways.  Representatives of the state or the party belittle people.  The very emptiness of the system and its slogans and symbols reduces people in their own eyes.  Do decent people, even the most incurable addicts of Wagner’s Ring Cycle, really want to bow down before a broken cross, lightning runes, or a death’s head?

And people hear of or see things which debase or degrade them further.  They hear of things that revolt them, and they go into blank denial.  But they see or hear of things that make them complicit in a denial of truth, decency, and even life.  A combination of terror and propaganda plays very ugly games with their minds, and they feel changed and demeaned.  This in turn lowers their inclination to object, and so the downward cycle progresses, sometimes to the finite regress of suicide if the state does not get there first.  By then they have bought into or they have been locked into crimes against humanity that would previously have been unthinkable to them.  These regimes want to reduce their people to their level.

We associate the grosser forms of that cycle with Communist Russia under Stalin and with Nazi Germany under Hitler.  It can give you a jolt to see the same forces at work in France during the Terror in 1793.  Here is a long extract from Les Deux Amis (Two Friends) a primary source of major phases of the revolution in the form of a witness account that Carlyle was fond of drawing from.

A resident of Paris returns after ten months away.

So there I was packed into a stage coach surrounded by sinister faces, for at that moment, none but revolutionaries and government agents dared to move about.  My mind was filled with the darkest presentiments and every stage on my way to Paris seemed to bring me nearer to the scaffold.  As I thought of my wife and my children, I reproached myself for having left them so rashly and for not having embraced them yet once more before we parted.  During the whole journey, the sight of a rock, an agreeable bit of landscape or a tree noticed by the wayside stamped on my mind a melancholy impress, which I cannot describe.  I cherished a wish to see them again on my way back, saying to myself: ‘If I see them again, that will mean I have got out of Paris, and if I get out of Paris I shall see my wife and children once more.’

Just before reaching the modern Babylon, we changed horses and I got out to stretch my legs.  I tried to banish the painful thoughts that haunted me, and went into an inn with the object of eating something if the burden of worry which oppressed me allowed me to do so.  Sitting down at a table I picked up a newspaper lying there and, glancing over it, was instantly struck by a news item describing the execution of a man – a good man and one of my friends.  He had been a notary and in that capacity, he had countersigned without reading it, as was the practice, a document whose contents were unknown to him.  The Bloody Assize had condemned him to death.  His hair had been cut and he was waiting to be executed, when he was snatched from the Guillotine to have his case examined afresh.  The Convention had ordered this humane intervention, but the court presided over by Fouqier, who did not wish to be thought capable of condemning an innocent man, had the victim dragged to the scaffold and beheaded.  And so Chaudot, a good, honest man, had the misery of drinking twice over the cup of death.

I was overwhelmed by this story.  My strength failed me.  I wanted to eat but could not get anything down.  I raised a glass of wine to my lips, but had not the heart to drink.  I hurried back to the diligence, where I remained plunged in a mood of the deepest melancholy from which I was aroused when one of my companions cried: ‘Here we are at the barrier.  We’ve arrived.’  These words took me out of my lethargy, but they made me shudder.  I put my head out of the window.  It was dark, though it was scarcely eight o’clock.

What a change!   Formerly – even when I left the city not so long ago – eight o’clock was the hour when Paris was most brilliantly illuminated, especially in the populous quarters.  The light of innumerable street lamps blended with the blazing windows of the shops, where art and luxury had accumulated thousands of objects which vied with one another for elegance and value.  It was the hour when the cafes were lit up and when the gleam of candles shone from every storey; when luxurious equipages passed one another swiftly in the streets on their way to theatres, concerts and balls in every quarter of the capital.  Now, instead of this bustling life, these animated crowds, this impressive brilliance, a sepulchral silence filled all the streets of Paris.  All the shops were already shut, and everyone hastened to barricade himself in his own home.  One might suppose that the weeds of mourning had overspread all that breathed.

He got off at the coach terminus to go to the house of a friend.  A sentry at the door took his packet off him because he should not carry anything at night.  He was told to get it the next day from the guard-room.  He set off for his friend whom he had not seen for 18 months.  His friend had ‘turned Jacobin as a form of insurance’ and thought more of his own safety than of his friends.

It was nearly nine o’clock when I knocked at his door.  This would not have been thought unduly late in normal times, but as it was, my knocking at the door at such an hour caused a panic among all the people who lived in the house.  Domiciliary visits [raids on houses] were usually carried out at night and most of the crowd of citizens who thronged the prisons had been arrested after dark.  The sound of a hammer caused every hearer to tremble, and my former friend seemed to be particularly alarmed when he saw me come into the house.  Without asking after my health or inquiring what had happened to me and why I had come to Paris, he gave me to understand in curt, clear language that as I had left Paris some time back it would be dangerous for me to stay in the city and for him to offer me shelter.  ‘What?  It would be dangerous for me to stay the night?’ I asked.  ‘Yes it would’ he replied, ‘if they came now to search the place, I would be a lost man.’

His friend had the courage to take him to a fruiterer who had a room to let, but the fruiterer would not take him at this hour, and his friend left him, warning him not to stay long on the pavement, unless he wanted to be ‘picked up by one of those patrols, who were usually reluctant to release persons who fell into their clutches.’  He went back to the fruiterer again who said that he had gone to bed early because he could not get candles in Paris.

‘Of course you have your passport?’  I said I would show it to him.  Before reading it by the light of the lamp, he eyed me intently.  ‘But this passport is not signed by the revolutionary committee of this section.’  ‘Yes, but I have only just arrived.  The committee is not in session this hour and I cannot get them to sign it tonight.  Give me a bed for tonight and tomorrow I will get up and I shall go and get the visa.’  ‘Impossible.  Impossible, if they came tonight, and they visit furnished lodgings every night, I should be put in prison for having taken you in without your passport being duly visa-ed by a revolutionary committee.  So, my dear sir, out of my house you go and at once.’  And suiting the action to the words he slammed the door in my face as civilly as my friend the Jacobin had done not long before.

Our hero is now seriously alarmed.  He crosses important streets without meeting a soul.  He hears a sound and huddles in a carriageway.  Two files of pikemen (people carrying lances) are ‘escorting in their midst a carriage with windows closed, doubtless to silence the cries of the persons inside.’  They stopped outside a monastery now serving as a prison.  The person in the carriage was a woman.

‘Inhuman monsters, after murdering the father, must you tear the mother from her children!  No, I will not get out – you may kill me first.  My own child whom I nursed.  He will die.  No… I will not get out.  Oh, well, I will, but give up my child, my child….my child.’

The guards pulled her out and threw her into the prison.  Cold rain was falling.  He stayed two hours there in the cold, but at midnight his feet were cold and he was shivering.  He moved and was instantly seized by a patrol.  They took him to the coaching-office to check his arrival time.  The register and package proved his story, and he was allowed to fall asleep on some parcels.  When he woke, there was another employee there.  He decided to abandon his mission to Paris.  He asked when the next coach left.  There was one at eight!  He reserved a place, got a receipt, and went to a coffee house for some breakfast.  He got into the coach to be sure of his place.  The horses were put in.  A policeman asked if their papers were in order.  He showed his receipt.

Don’t want that!’  ‘What do you want?’  ‘Your passport.’  ‘Here it is.’  ‘You must get out.  You are not in order.’  ‘What do you mean?’  ‘This passport has not been countersigned by the revolutionary committee of the section in which you lodged.’  ‘Citizen, I did not take lodgings anywhere.  I arrived at seven and finished my business at eight.  I spent the night in this office and now I want to go.’  ‘Never mind about your business.  No one can leave Paris without having his passport visa-ed by a revolutionary committee.  The orders of the Commune about this are perfectly clear.  The committee may be in possession of details about you and it is proper for you to show your face to the persons charged with proving your identity.’

He got out.  The coachman ill-temperedly whipped his horses and took off with the price of the seat and his small parcel of clothes.  At least in daylight, he was able to get into a lodging house.  He asked his hostess in what section he was so that he could get his passport visa-ed.  She told him where to go and not to come back without a visa.

I then set out.  Daylight and the sight of many people moving freely in the streets restored my nerves to some extent and I walked boldly on my way when suddenly I was struck by a curious medley of colours which I had not been expecting.  All the doors and all the windows carried a flagstaff on which floated the Tricolour [the French flag].  A few patriots, more republican in spirit than their neighbours, or wishing to be thought so, had hoisted this banner and from that time onwards, as it was dangerous to be less patriotic than anyone else, everyone had decorated his windows with tricolour streamers and large coloured inscriptions.

He easily recognizes the office of the committee from the size of the flag, and the proportions of the red bonnet (mandatory attire for sans-culottes) ‘and the hang-dog appearance of the men on guard at the entrance.’

My heart beat but I walked in.  I could have imagined myself in the cave of Cacus [a famous robber, three-headed and vomiting flames].  After crossing a little courtyard, narrow and dark, flanked with high walls, in which were collected an assortment of cut-throats armed with swords and pikes, I went up a squalid staircase at the top of which was an anteroom, leading into the room in which the Committee held its meetings.  This anteroom was crowded with creatures even more hideous than those whom I had seen in the courtyard.  It reeked of pipe-tobacco, brandy and meat [all impossible for others to get], aggravated by the heat of the fiery stove, which had a sickening, suffocating effect on anyone coming into the room out of the fresh air.  ‘What do you want?’ said one of these horrible individuals as he gulped down a cupful of wine.  ‘I have come to get my passport visa-ed.’  ‘Go into the room then.’  It was the room in which members of the Committee were sitting.  I went in.  It was worse than the anteroom.  There was the same foul stench, the same bunch of brigands, but those in the Council room were more insolent than the others.  They wore the rags of a feigned poverty, but they had hearts of steel and the mien of tyrants.  From top to toe, nothing could have been more disgusting than their personal appearance.  As sans-culottism had been promoted to a virtue and as the people, so far from displaying the trappings of luxury, had thrown themselves into the opposite extreme, these individuals affected a squalid poverty.  At that time in Paris dirtiness was a sort of passport…

He describes the shocking attire, shirts open to the waste, of

….these impudent bullies, brutes raised out of the slime, where they had won notoriety by their deeds of violence.  To crown it all, they assumed in the midst of their filth, a veneer of antiquity and gave each other Greek and Roman names which they disfigured grotesquely as soon as they began to address one another. ‘That’s a job for you, Manlius; you’re a clever cove, you’re one of ours.’

They were getting police to affix seals on property of people arrested the night before.

After these honest fellows had whispered together for a while and the stickers-on or removers of seals had gone off on their mission with one of the members of the Committee, the Chairman graciously took notice of me.  ‘What do you want?’  ‘A visa for my passport.’  ‘Where do you come from?’  ‘Blanktown’.  ‘Full of aristocrats.’  ‘You are mistaken, citizen.’  ‘Who are you calling vous?  It’s only Pitt and Coburg who use the vous.  In a free country one has to say tu.’  ‘Citizen, next time, I shall not fail to do so.’  ‘What have you come to Paris for?’  ‘To get some money from a gentleman of my acquaintance and go home again.’  At the word ‘gentleman’ which I had let slip in my confusion there was such an uproar in the Committee that I seriously thought that I was done for and that they were going to imprison me.  ‘Ah…..you have come to see a gentleman.  So…..you must be a gentleman yourself.  Just look at this fellow, Brutus.  Does he not have the build of a federalist [a very vague term for anyone against the Jacobins]?’  ‘I, citizen?’  ‘You be quiet and bring us your witnesses so that we may see if they look as suspect as you do.’

There is no point in asking what witnesses?  He went back to his landlady.  She explained that witnesses were guarantors – if their subject defaulted they would be arrested.  Where in Paris could he find two people to take that risk, when all forty-eight sections were competing to slap as many as possible behind bars?  His landlady directs him to someone who will do it for a fee.  He has trouble finding the place because the streets have been renamed after heroes of the revolution.  He finds the place and the wife says her husband has gone off to the Place de la Revolution to see a ‘score and a half [30] of aristocrats sneeze into the sack.’

That was the phrase for the amputation of heads, which, severed by the blade of the guillotine, fell speedily one on top of another into a kind of basin, where they floated in blood, which splashed up as the heads dropped, and flooded the pavement of the place directed to these daily butcheries.

The wife had advised her husband not to go for such a small batch, but when he returned, he said it had been a great pleasure ‘as he had never laughed so much.’  The valets to the executioner and the coachman of the tribunal warmed the crowd up with a burlesque show that was hilarious and which the husband still exploded in recollecting.  It was of course a capital offence to show sympathy for the accused.

‘By God’, he said, after concluding his narrative, ‘these dogs died very bravely.  It’s unfortunate that the aristocrats die like that.  In this batch there was a little pullet of from seventeen to twenty, as fresh as a rose, who climbed up on to the platform as gaily as if she were going to dance a figure from a quadrille.’  ‘Seventeen to twenty was she?  That’s early to start being an aristocrat.’  ‘You’re right’, said my companion, ‘but those people drink federalism with their mother’s milk.’

There you are – you have it, in the very first sentence of the extract.  He is surrounded by ‘sinister faces’ and in a binary or black and white world, only two types of one group matter – revolutionaries or government agents.  He is full of apprehension in this strange, hard new world.  He feels guilty for leaving his wife and children.  Will he see them again?  How different is Paris – muted, sombre, deserted at night; even the street names have changed (and they are named after some awful or dreary people).  He reads that a friend has been executed – most cruelly, and for nothing.  He calls on another friend who has become a terrorist (Jacobin) for ‘insurance’ and who is terrified to be seen with him and who cannot get rid of him soon enough – the agents raid homes and make arrests at night.  He sees that everyone has been frightened into showing support for the terrorist regime, and he reflects on the mindless banality – the spectral hypocrisy! – of their slogans.  He has to deal with regulations that make Kafka look easy.  You cannot comply with these Byzantine laws.  No one will take him in.  Everyone is scared.  He sees police patrols in action – he has been warned not to get picked up – and he hears the anguish of a mother with a child who is another victim of the Great Terror.  It is a random and capricious world of heartless and mindless cruelty to people.  How did it all come to this?

Then he has to come face to face with the regime, dirty, rotten people way above their station wreaking revenge on their betters.  Now he feels the full weight of Hamlet’s insolence of office, the proud man’s contumely and the oppressor’s wrong – those things that Hamlet thought of when contemplating suicide.  He is offered a corrupt out – most police states are rotten to the core, and give an out to those who can afford it.  A person will attest to him for a fee.  But this man keeps laughing about the entertainment offered before the daily batch of the guillotine (only twenty-five, so small a batch that his wife did not think that it was worth his time).  He reflects on the public beheading – sneeze into the sack – of a blithe seventeen year old girl.

All this takes place at the end of a century of what we are pleased to call the Enlightenment in Paris, perhaps the most civilized city in the world.  Even allowing for some journalistic licence, how did the people of Paris become so degraded?  How is it that a civilized French couple could sit down for dinner and happily swap notes about peoples’ heads being cut off in public and dropped into a bucket of blood, splashing the pavement?  Was Dickens’ picture of the Terror and the Tricoteuses underdone?

Most people reading this will have experienced countless examples of rudeness and nastiness of people in power, but very few will have experienced it under a regime that has no conception of the rule of law, due process, or basic human rights.  It is precisely that void, which seems to bring with it a general moral vacuum, that is of the essence of a police state.  It is that which makes such a state so frightening and revolting – and degrading.  There is no answer to the questions raised above – at least not one that is available down here – but we may seek to look at some features of the Terror practised in France, Russia and Germany.

In some accounts of the Russian Revolution, you can find a hideous photo of a kind of crucifixion practised in the civil war.  The Reds have taken a Polish officer, stripped him, hanged him naked upside down, and then beaten, cut and tortured him until death.  About twenty red soldiers are standing around looking sedate and only mildly interested.  In the catalogue of the museum Topography of Terror at what used to be Prinz-Albrecht-Strasse, the headquarters of the Gestapo, there is a photo taken from a distance in the market square at Ulm in 1940.  A nineteen year old woman was being publicly shaved because of a relationship with a French P O W.  She was later sentenced to one year’s imprisonment and two years’ loss of civil rights.  Someone had objected to this brutal humiliation.  The caption in the press was ‘Thousands of faces expressed mockery and disgust.’  In fact the photo up close shows people laughing and smiling as if their team had just won in football.  It may be the most appalling photo in the book.  You are watching people degrading themselves.

There is also a photo of SS guards and female administrative personnel at Neuengamme concentration camp in December 1943.  There are more than a hundred seated at well laden tables under the runic slashes of the SS in what the SS called a ‘Yule celebration’.  With all the red and white wines and the holly and the napkins on the tables, there were ‘Yule lights’ produced by the inmates.  This photo, too, is appalling in its own way.  Not one person is smiling.  They might as well be dead.  Their degradation has brought them to the Kingdom of Nothingness.

Degradation by its nature tends to occur over time and often so that people are not aware of how they are being changed for the worse.  The career of a man called Simonov took off during the Great Terror of 1937-1938.  On his death-bed in 1979, Simonov dictated a testimonial that was remarkable for its candour and insight.

To be honest about those times, it is not only Stalin that you cannot forgive, but you yourself.  It is not that you did something bad – maybe you did nothing wrong, at least on the face of it – but that you became accustomed to evil.  The events that took place in 1937-8 now appear extraordinary, diabolical, but to you, then a young man of 22 or 24, they became a kind of norm, almost ordinary.  You lived in the midst of these events, blind and deaf to everything, you saw and heard nothing when people all around you were shot and killed, when people all around you disappeared.

People becoming ‘accustomed to evil’ might be close to the heart of the darkness confronting us.

Passing bull 47- Statutory bull

 

Lawyers have given up hope of getting sense out of acts of parliament, but you rarely see bullshit of the quality on display in the CFA Act in Victoria.

s. 6A Accountability of Authority

(1) The Authority is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers.

(2) The Minister may from time to time give written directions to the Authority.

The net result is that the heading is misleading.  The Authority is not accountable at all.  The Minister is.  Well we know that.  If the Board doesn’t toe the government line, the Minister fires it.  Why bother to have a board?

Now cop this

s.6B Objective

The objective of the Authority in performing its functions and exercising its powers under this Act is to—

(a) contribute to a whole of sector approach to emergency management;

(b) promote a culture within the emergency management sector of community focus, interoperability and public value.

That is Grange quality bullshit – world class.  They nearly used the word ‘holistic’ in a statute.  It gets picked up in the EBA that may be the final monument to the bullshit of the IR Club.  It is more than 400 pages long.  How would you like to run a business under that kind of diktat?

3.1.5. A joint approach on “productivity policies” that embrace the drivers

and enablers of performance and are consistently applied.

3.1.6. recognising that a productivity model recognises the changing

knowledge requirements of employees covered by this agreement

in all phases of the enterprise activity and also caters for:

(a) increasing requirement for innovation

(b) accelerating adoption of technology

(c) management of risk

(d) motivation of a diverse workforce

(e) working conditions as a work value differentiator

‘Drivers’ and ‘enablers’!  That is premier grand cru bullshit.

But there is a part of the CFA Act that is intelligible.

s. 6F Recognition of Authority as a volunteer-based organisation

The Parliament recognises that the Authority is first and foremost a volunteer-based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner.

How does Danny Boy square that with handing control over the CFA to those who are not volunteers?  Don’t ask Danny Boy.  Ask the Premier of Victoria.  A tiny minority gets a veto over the parliament preferred volunteers.  Danny Boy must have some kind of dispensing power – like James II.

That king got run out of town.

 

Ali again

For the first time I can recall, The Economist obituary ran to two pages.  It contained the following.

Denied entry to diners on a southern tour, he made one of his raps of it: ‘Man, it was really a let-down drag.  For all those miles I had to eat out of a bag.’  Told in a Louisville hamburger joint, when he went in wearing his Olympic gold medal, that they still didn’t serve niggers, he said that was fine; he didn’t eat them.  But under the joshing lay depth upon depth of furious resentment…..Black heavyweights who were not new men like him, still managed by white mobsters and dutifully silent about politics, he called Uncle Toms and ‘great white hopes’, and mimicked their grunts and shuffles…like bears or apes.  It became a habit, turned most viciously against Frazier and Foreman, funny and appalling both at once.

Ali was not a saint.  (Does Islam have them?)  He was just the greatest.

 

Poet of the month: Anna Akhmatova

6

Lightly the weeks are flying,

What has happened, I can’t take in.

Just as, my dearest, the white

Nights first watched you in prison,

So they gaze down

With their warm aquiline eyes and

Of your cross transcendent

And of death I hear them speak.

A Dictator in a Banana Republic

 

The people of Victoria want their fire services supplied by people who are subject to the orders of people they elect into government – and not by people who are subject to the orders of unelected agents of the federal government.  The people in Victoria outside of Melbourne – the people in what we call country Victoria – want their fire services provided by people who are dedicated to the cause of country Victorians – the Country Fire Authority – and not by people who are dedicated to the cause of the City of Melbourne – the Metropolitan Fire Brigade.

The MFB and the CFA have as much in common as Venus and Mars.  They are separated by far more than history and geography.  There is a huge and irreconcilable difference in character – or, if you prefer, soul.  The difference can be stated this way.  The CFA are givers; the MFB are takers; the CFA volunteer themselves for their families, friends, and neighbours; the MFB do it for money.

And what money!  MFB firefighters enjoy pay and conditions that most other workers can only dream of.  This is because they play in a sandpit under the umbrella of an Enterprise Bargain Agreement that is enforced by their protectors in the Fair Work Commission.  They are the people who really run the MFB.

The act of the Victorian parliament that regulates the MFB provides for disciplinary action to be taken by the CEO.  I was the Disciplinary Hearings Officer for the MFB from 2002 until 2016.  The MFB declined to give reasons for the termination. The present CEO and his predecessors have effectively discarded the statutory discipline procedure – they have only applied it on about three occasions in six years.  What drove management to down tools – to go on strike?

What does this tell you about discipline in the MFB?  What does it tell you about the management of the MFB?  In what may be the last case ever heard under that act, senior counsel for the accused said that they were applying to the Fair Work Commission to get it to hear and determine the matter – and so perform a function given by the Victorian parliament to the CEO of that statutory authority.  So much for the parliament of Victoria!  How long will it be before the Fair Work Commission officially takes over running the MFB?  When in trouble the firies run off to them every time.  The UFU and the FWC are very close.

You should get hold of the EBA – it will be about ten times as long as the Australian Constitution, and it is a gift from God for casuists and urgers.  The EBA is a thicket to entrap management, and a dead weight of red tape that annihilates initiative, leadership, and loyalty.

In truth, the whole life and work of the MFB has been blighted by a class war that has gone on for generations – as can happen in a closed shop.  Both sides blame each other.  The lawyers have been on a gravy train for decades.

Whether you blame management or the men – women are in substance banned from the MFB – might depend on where you come from.  But does it matter?  Both sides feed off conflict, demarcation, bush lawyers, and a contempt for women.  The whole body is infected by congealed hate, and you can take your pick for the saddest apostle of hate.

For things to get better in this permanent war zone, there will have to be a sea change in both management and firefighters.  Government must rise above the class war.  At the moment, there is a revolving door for senior management, but the leader of the men appears to have been afflicted with a form of life tenure.  And he looks to have friends in high places.  And after all these years, he still sounds like the loudest boy who cried wolf in Christendom.

There is one step that the government could take right now to start to dispel the class war and put some sanity back in the war zone.  They could start drilling some sense into these men by bringing women up to equal numbers.  That would give us a real chance of breaking the inbred generational chain of hate.

And don’t take my word for just how poisonous this outfit is.  Just ask Sharan Burrow, the former head of the ACTU.  She thought that it was about the worst case of industrial poison that she had seen.  People in the country know all about this poison – it’s in the papers all the time – and they don’t want to be infected by it.

Now you will have some idea of why people in the country are outraged at the suggestion that the MFB might have some say in the fire services that they get.  People in the country like and respect the CFA – at least those who live and serve in the bush; they neither like nor respect the MFB – and that is putting it softly.

Why then are so many in this government so intent on acting against the wishes of so many men and women of Victoria?  Can anyone think of a clean reason why Victoria has been reduced to an adjunct of the Philippines and why the hirelings put into the CFA board will learn the meaning of the word scab?

Which management do you think should go?

Passing Bull 46 – How low can we go?

 

It wasn’t hard to guess who were the sponsors of Greg Sheridan’s attack on the Prime Minister in today’s Australian, but the inanity and vulgarity are breathtaking even by our standards.  The white-anting is said to reflect internal grief about the refusal of the PM ‘to campaign on key Liberal issues such as national security’.

The Prime Minister’s decision to tour a mattress factory on Thursday when the coffins carrying the remains of Australian soldiers killed in the Vietnam conflict were returned through the RAAF base at Richmond, in Sydney, has left some liberals astonished, confused.  They regard the politics of this decision-making as bizarre.

The official line, that Turnbull and Bill Shorten stayed away so as not to detract from the occasion, is nonsensical.  A respectful, non-campaigning prime ministerial presence would have underlined the nation’s gratitude to the fallen.

Without any overt politicising, the benefit to the PM of pictures of him welcoming home the coffins would have been very powerful.  Many Liberals think that any recent previous Liberal PM would have been there as a matter of course.

This is worse than bullshit.  It is revolting.  Our politicians are on the nose because they lack decency, taste, and balls.  The typical stunt that revolts us is a politician seeking to gain votes out of a sombre event, one that should never be tainted by politics.  One such event is the public return of our war dead.  Any politician who sought to make political capital of that would most politely be described as a jerk.  Yet when the P M and the Leader of the Opposition reach accord on respecting this basic level of decency, Sheridan says they are being ‘nonsensical.’  He, and his spiteful backers in the party, think that Turnbull should have made capital out of this photo-op, but that he should have done so covertly, rather than overtly.  Get out there and be political – but lie about it.  It takes a disgusting level of chutzpah to seek votes for welcoming back coffins of young men that his political party sent to their deaths on false premises.  The only thing that Sheridan is right about is that any recent previous Liberal PM would have been there as a matter of course.  Of course they would – that is just why they are so much on the nose.

I had proposed to vote informal, but Mr Sheridan has persuaded that I should vote for Mr Turnbull.  He is, I fear, our last best hope for any decency in Australian public life.

Poet of the month: Anna Akhmatova

I

They took you away at daybreak.  Half wak-

ing, as though at a wake, I followed.

In the dark chamber children were crying,

In the image-case, candlelight guttered.

At your lips, the chill of an ikon,

A deathly sweat at your brow.

I shall go creep to our wailing wall,

Crawl to the Kremlin towers.

A salute to the Greatest

I wrote the following about Muhammad Ali some time ago in a history of the twentieth century.

Muhammad Ali (1942-)

As befits a nation of pioneers who put a premium on individual responsibility and community ideals, Americans go for sport in a big way.  It is their national tragedy that instead of rugby or football and cricket, they have their own sports of gridiron and baseball, so that their champions do not compete on an international stage.  That does not stop Americans following their sports with at least the passion and patriotic intensity of the Indians with cricket or African nations in football.  The games they play tell you a lot about Americans.

In June 1902, a guy who ran saloons in Pigtown, Baltimore took his seven year old kid on a trolley-car to a reform school and then left him there. The school was named St Mary’s Industrial School for Orphans, Delinquent, Incorrigible and Wayward Boys.  The kid would stay there until 1914 when he was 19.  By the time he left, his mother was dead.

The kid got training to become a tailor, but he was big on baseball.  His nick-name was the unkind one of Nigger Lips.  Photos show a wide-eyed innocent with thick lips.  He was a fan of Brother Matthias, who gave instruction on baseball on Saturday evenings, and as a big raw-boned kid, he could play.  He could both pitch and hit – left-handed.  Jack Dunn, the manager of the Baltimore Orioles, spotted the kid and offered him a contract at $250 a month – primarily for his pitching.  The kid left St Mary’s as the legal ward of two of the Brothers, and with Jack Dunn as his guardian – the abandonment by his own family was complete.

They took off for spring training.  The kid had never been on a train or seen a menu before – he had never seen a professional player, let alone a professional game.  He must have been the most untutored player ever to go up to the Majors.  Dunn’s babies were known as ‘babes’.  Since the kid had got to retain his surname if nothing else from his family, and that name was Ruth, the kid became Babe Ruth, unquestionably the most famous name in all baseball.

Over the next twenty-one years, the Babe changed the game of baseball.  Before him, the game was controlled by pitchers, and batters approached their task tactically, and they tended to hit a flat trajectory.  The Babe was altogether less prosaic.  He introduced the power game, big hitting right up into the crowd.  He saw his role not just in moving men along the bases, but in belting home runs off his own bat.  He took baseball to a whole new level of entertainment, not just with the power of his hitting, but with the power of his presence.

The kid went to the Red Sox but they came to the doom-laden view that they would have to sell the Babe.  They did so at huge expense – an unprecedented sum – to the Yankees.  Now, the Babe was not really a Boston type, but he and New York in the Twenties were just made for each other.  And the city of Boston would pay an appalling price for its failure to come to terms with the Babe.  In what became known as the curse of the Bambino, the Red Sox would not win another World Series that century.

The Yankees won four World Series and seven pennants in the period that the Babe was with them (1920 – 1935).  In his total career he hit 714 home runs, a proposition that would have been laughed at in 1914.  He was the first to break 60 in a season – which he did after apparently being trumped by Lindbergh.  He was called the Sultan of Swat, the Caliph of Clout, or the Wizard of Whack, but he still holds the tenth highest batting average of all time.

Jackie Robinson became an officer in the US Army during World War II.  What awaited him when he got back to the land of the free?  ‘Down the back of the bus with the other niggers.’  Rather than football, Jackie took on baseball as his professional sport.  He had the eye of a natural hitter; he had all the skills for a second base; he was deadly quick at stealing bases, and handy if a shirt-front were needed; and he was determined to win.  In short, he was just the kind of player to build a team around.  Except that in 1947, baseball was rigidly segregated – no formal agreement, just invincible history and unwritten understanding.  There were white leagues and black leagues, and that separatism was just as saluted in the north as in the south.

Jackie Robinson and a man named Branch Rickey cracked the monolith.  They both subscribed to the teaching of the Jewish carpenter, especially the Sermon on the Mount.  They would both be tested on the hard bit – turning the other cheek – in a way that is not asked of most of us.  Rickey was the manager of the Brooklyn Dodgers.  He told Robinson that he would give him a go in the minors with a view to signing him for a full season with the Dodgers if he was good enough.  He said Robinson would be exposed to hate and abuse, sometimes from his own side, and that he would not be able to answer back.

Rickey had one large portrait in his office – the great emancipator, Abraham Lincoln.  Rickey was smart as well as brave.  He described his purpose:  ‘First, to win a pennant.  There’s some good coloured players.  The second reason is…it’s right.’

Robinson made the season with the minors satisfactorily.  (In his second at bat, he had rifled it into the crowd.)  When it came time for him to turn out for the Dodgers, every club but one said they were against it, and players in his own team took up a petition to have him excluded.  Other teams threatened to strike.  He was still subject to insult and abuse and death threats on the road, and venomous hate speech on the field.  He kept his part of the deal.  He copped it and he did not answer back.  He had a great season with the bat and a league-leading 29 stolen bases and a momentum – turning base-running style.  He was the first ever Rookie of the Year.  The Dodgers made it to the World Series and forced the Yankees to go to the seventh game.  This Yankee side, with DiMaggio and others, is one of the greatest teams ever, and is the main reason why the Dodgers do not have more to show from their ten years with Robinson.  He was not just a hero for black people, but for all Americans.

Well, what might happen if America got a champion black sportsman who played on the world stage, and who could appeal to coloured people all over the world, and who was prepared to stare down Uncle Sam – and who just happened to be the greatest of all time?

This is how Norman Mailer began his book The Fight:

There is always a shock in seeing him again.  Not live as in television, but standing before you, looking his best.  Then the World’s Greatest Athlete is in danger of being our most beautiful man, and the vocabulary of Camp is doomed to appear.  Women draw an audible breath.  Men look down.  They are reminded again of their lack of worth.  If Ali never opened his mouth to quiver the jellies of public opinion, he would still inspire love and hate.  For he is the Prince of Heaven – so says the silence around his body when he is luminous.

Cassius Marcellus Clay Junior was born on 17 January 1942 in Louis, Kentucky.  His father painted signs and his mother was a domestic.  They were African Americans descended from slaves.  The baby followed his father in being named after a famous abolitionist.  The former Cassius Clay was a most formidable man, a six-foot-six Kentucky farmer who had commanded troops in the Mexico War.  He inherited a plantation and he later freed his slaves.  For this he received death threats.  ‘For those who have respect for the laws of God, I have this argument.’  He produced a leather-bound bible.  ‘For those who believe in the laws of man, I have this argument.’  He produced the constitution.  ‘And for those who believe in neither the laws of God nor of man, I have this argument.’  He laid down a Bowie knife and two pistols.  Lincoln thought enough of him, or of the Russians, to send him to Russia on government business.  As David Remnick remarks, ‘He maintained his physical courage to the end.  When he was eighty-four, he married a fifteen year old girl.’

Clay grew up to win national Golden Gloves and then gold in the 1960 Olympics at Rome.  He turned pro and was undefeated, but he was not winning friends by his manner of belittling opponents.  He was light on his feet and he was unbelievably fast.  He had height and reach, and he could lean back and then hit his overcommitted opponent with a lethal right jab.  He won the right to challenge Sonny Liston, and the fight was set for 25 February 1964.

Sonny was born into the Mob – the underworld – and he could never get out of it.  He never had a chance.  He had no family to speak of and he knew the inside of the Workhouse.  He was an enforcer for the Mob.  Not many people gave lip to Sonny Liston and lived.  The Mob ran boxing.  A generation of Prohibition gangsters had promoted and fixed fights, charming people like Frenchy DeMange, Frankie Yale, Al Capone, Lucky Luciano, Boo Boo Hoff, Kid Dropper, Legs Diamond and Dutch Schulz.  You can ask why crooks were attracted to pugs, but they were both on the fringe.

Sonny’s manager was Paul John (‘Frankie’) Carbo, also known on the street as Frank Fortunato, Jimmie the Wop, and Dago Frank.  After being sent to Sing Sing for homicide, he lifted his game to become a hit man for the Brooklyn branch of Murder Inc.  David Remnick says that it took Cassius Clay, still on his way up, to break the grip of the Mob.  That young man found his protection in the Nation of Islam.  Many of his countrymen would have been more relaxed if he had stayed with the Mob – the devil they knew.

Sonny then would frighten the hell out of anyone.  The bookies had Clay at seven to one, which is insane in a two man event, and journalists were plotting the locations of the nearest hospitals.  Many thought that the kid would be killed.  The kid – the Louisville Lip – responded as was his wont now.  He taunted Liston, pulled up outside his house and asked him to step outside, and famously said that he would ‘dance like a butterfly and sting like a bee.’  He turned the weigh-in into a circus.

At the bell, Liston came out like an enraged bull, but Clay slipped away, and was scoring heavily by the end of the first round.  He buckled Sonny’s knees in the third, and he cut the champion for the first time.  He seemed to be blinded in the fifth, but he came back to belt Sonny in the sixth.  Sonny did not come out for the seventh.  It was a TKO and Clay shouted to the world that he was the greatest ever.  The rematch came after Clay had publicly, and amid great hostility, converted to Islam and changed his name.  It was a sad farce.  Liston copped what the press called the ‘phantom punch’, and the fight was over in less than two minutes.  It looked for all the world as if the fix had gone in and that Sonny had taken a dive.

Ali said that ‘Clay’ was his slave name.  He got offside with millions by taunting his opponents and then being cruel to them by prolonging their punishment.  He then courted more unpopularity by refusing to be drafted for the increasingly looked down on war in Vietnam.  He knew who his enemies were.  ‘No Vietcong ever called me nigger.’  In the way of things, it would be this stand that would secure his position in the Pantheon – and in the U S, as well as the rest of the world.  He would later be courted by presidents.

Ali was stripped of his title and locked out of boxing until the Supreme Court eventually set aside his conviction on a fine point of law.  (The black Justice, Thurgood Marshall, did not sit.)  By then, the tide had turned completely on Vietnam and Ali was a living legend for more reasons than one.  But he had lost the best years of his boxing life.  He fought Smokin’ Joe Frazier, who was more in the Liston mould, and he lost his first professional fight.  He would later beat Frazier, but the highpoint of his return, and of his boxing career, came with the fight against George Foreman for the title at downtown Kinshasa, Zaire on 30 October 1974, the Rumble in the Jungle.

There was a book, Mailer’s The Fight, and an Academy Award film, Once Were Kings, made about this contest.  Ali was passed his prime.  And Foreman had a fearful reputation.  He was a frightfully heavy puncher.  He had knocked out both Frazier and Norton in the second round.  Ali responded with his normal verbal barrage and mind games, but in the film, Norman Mailer said that Ali never looked at Foreman’s heavy punching bag – it had been deformed.  No one ever got into the ring with George Foreman after watching him deform the heavy bag.  No one – or hardly anyone – though that Ali had any chance at all.  This was then like the first Liston fight that had taken place more than ten years ago.  Again, people in the know feared for the survival of the outmatched challenger.

This is how Norman Mailer describes their coming together in the ring to get instructions from the referee.

It was the time for each man to extort a measure of fear from the other.  Liston had done it to all his opponents until he met Ali who, when Cassius Clay at the age of twenty-two, glared back at him with all the imperative of his high-destiny guts.  Foreman, in turn, had done it Frazier and then to Norton.  A big look, heavy as death, oppressive as the closing of the door of one’s tomb.

Then something extraordinary happened, something almost unbelievable.  Ali came out in the first round and started to hit Foreman, and hit him hard – with his right hand!  It would be like a right-handed batter or golfer coming out and playing left-handed.  It was downright insulting.  Then as the fight settled down, Ali would just go back on the ropes, hunch up, and absorb flurries of punches.  At first some thought that the fight had been fixed.  But then they saw that most of Foreman’s punches directed at the body were not scoring, but were drowning the energy of the champion.  It was high drama – anyone of those missiles could have landed any other fighter back in the bleachers, but Ali just went back, took the blows, and then eased out and scored.  All the time he was taunting Foreman: ‘Is that all you’ve got?’  It then became apparent that Foreman was tiring.  His punches were either not landing or not hurting.  And Ali was starting to float about him and was pinning him with darts at will.  Then in the eighth, Ali moved in for the kill and it was all over, and the world title was his again.  There was delirium in the crowd, and in front of TV sets all around the world.  Sports fans who have seen the fight and the film many times still move to the front of their seats and hold their breath while they watch it yet again.  It is probably the most watched sporting event ever.

After that, there was The Thriller in Manila with Frazier again, but it was all downhill.  Ali was permitted to go on too long.  This is sadly common with boxers and other sportsmen.  He became a distressingly sad reflection of the wonderful athlete and fighting machine that he had been.  In his advanced age he suffers from Parkinson’s disease, and he has had it now for a long time.

But even in that condition, he could move very greatly younger people who came into his presence.  Even in decline he had an aura – as Norman Mailer saw, he could be ‘luminous’ – in a way that could still move people by a curious alchemy, a kind of out of body experience.  Why is that?  Perhaps they just feel somehow that Muhammad Ali was in truth the greatest of all time.

It is a great story, the descendant of slaves beats off the mob, becomes world champion, beats off the government, and wins back his championship, each time against a frightening odds and a terrifying opponent.  For all of his faults and failings – which, for him, like most of us, were formidable – his story is a tribute to the human spirit.  This is why he is held in such awe right around the world.  This is why so many see him as the greatest ever, the greatest ever sportsman and the greatest ever entertainer, the promoters’ final dream, the ultimate crowd pleaser.  He embodies the truth that at least at the top now, professional sportsmen and women have almost nothing to do with sport, and almost everything to do with entertainment, business, and money.  If that means that we have gone from the amateur sportsmen of the Olympic Games of the ancient Greeks to the professional chariot races and gladiators of the decaying and decadent Romans, then that is a lookout for all our mums and dads and others.  Cassius Clay and Muhammad Ali have between them consummated that transformation.  The man has been, if nothing else, a mover and a shaker.

Muhammad Ali has a lot in common with the late Maria Callas.  He was, like she was, an entertainer.  They are both seen by many as having been in their time the best ever entertainers of their kind – there is generally seen to have been blue sky between them and the rest.  By the force of their character as much as by the high reach of their technique, they both radically changed the way that the world saw their art – and we should not blush to use that word for Ali was well as for Callas.  And now, in his reflective time at peace, Muhammad Ali might agree with Maria Callas that: ‘There are no short cuts.  There is only discipline, technique, and Mut’.  As the professional coach said in Chariots of Fire, ‘You can’t put in what God left out.’  It is just that some make better use of what they get from God than others do.

Passing Bull 45 – The Sick Humour of Mr Dean

Mr Rowan Dean edits The Australian Spectator and he participates in political talk shows on Sky News.  He also has an occasional piece in the AFR which purports to be humorous.  Mr Dean is the ultimate partisan.  When Mr Abbott fell, Mr Dean held a well-publicised wake for the True Believers.  The current Prime Minister is too soft on too many things for Mr Dean.

On Saturday, Mr Dean had a ‘Poor Me’ piece mocking seven Australians who have known more success in life than he has.  Here are two examples of what Mr Dean regards as humour.

  1. Adam Baddes: Forced to change his name because the Good Life he presumed he was entitled to had in fact turned out to be really, really Bad thanks to endemic racism, xenophobia, intolerance etc (see above), this hugely talented sportsman and elite athlete soared to national prominence in 2013 when a five-year-old girl poked her tongue out at him and wiggled her fingers in front of her nose, thereby suggesting that Mr Baddes was descended from an obscure species of Bonobo that once thrived in the Serengeti (as indeed we all are.) Not content with having the girl put under house arrest and humiliated for life, Mr Baddes was appointed Australian of the Year and National Treasure in quick succession. The judges were particularly impressed by Mr Baddes’ heartfelt attempts to express goodwill and unite the nation by throwing imaginary spears at crowds of onlookers and by his Australia Day speech in which he poured scorn on all privileged, white, male, Anglo-Saxon, non-indigenous Australians. 10 stars.
  2. Nova Peris-Backbone: Top Olympian and role-model to Indigenous girls, Ms Backbone was more surprised than anybody when former Prime Minister Julia “La” Grillard decided that as an Indigenous female Ms Backbone should a) be catapulted into the Labor Party and b) be catapulted into the Senate despite having no interest in either. With Ms Backbone happily immersing herself in the senatorial largesse provided by mainstream taxpayers, the judges were hugely impressed by her tearful announcement that the only people worthy of criticising her are Indigenous women. 8 stars.

This is worse than bullshit.  It is vile.   Mr Dean is an ideologue who proudly asserts the rights of bigots, and says that we should all be free to insult or offend people because of their race.

I do not believe that this kind of stuff has any place in a quality newspaper.  I have written to the Editor, Michael Stutchbury, as follows.

….. I wish to complain about Rowan Dean in your newspaper.

Take Saturday’s piece.  It is not just that it is not funny – it is tasteless, and it is predictably so.   The man is, like Andrew Bolt, fixated on race.  Four targets of the Saturday piece are people of colour.  The article oozes jealousy.  His targets have done something.  Mr Dean comes across as a man who leers, sneers, and jeers. 

A colleague of mine described the letter as puerile bigotry about people who have achieved more than the author could ever hope to do.

Shouldn’t we have lost this undergraduate tribalist view of politics, that some call ‘culture wars’, back in the ‘50’s?   When I heard people like Bolt and Dean last year saying that the crowd abuse of Adam Goodes was not related to his race, I knew that they lived in their own sealed world.  I wonder whether either of them has ever stood in the outer at the AFL or NRL and heard the abuse directed to Aboriginal footballers?

I subscribe to your newspaper because I like it and I respect it.  It is close to being nauseating to find someone like Rowan Dean in the same space as Laura Tingle, Tony Walker, or Phillip Coorey.  May I suggest that your readers deserve better?  It is hard enough enduring another ghastly election without this sort of rubbish.

Frankly, it gives me no pleasure to write like this, but I think that I should.

Other people whose opinion I respect have expressed much stronger views.

Poet of the Month: Anna Akhmatova

The first husband of the Russian poet Anna Akhmatova was one of a large number of people shot in 1921 under the government of Lenin.  During the worst of the purges of Stalin, known by the Russians as the ‘Yezhov terror’, Akhmatova spent seventeenth months in prison queues trying to get news of her son.  This great poet was therefore well-placed to write of terror in Russia.  The people of Leningrad in 1940 would soon be able to compare the brutality of Hitler to the terror of Stalin.

Akhmatova wrote of the period of terror in a masterpiece called a Requiem.  The extracts for this month come from that poem.  The translations are by D M Thomas in this year’s Folio Edition.

In the Epilogue of the poem the author speaks of the others outside the jails:

I should like to call you all by name,

But they have lost the lists….

I have woven for them a great shroud

Out of the poor words I heard them speak.

She said that she would accept a monument if it were placed

….here, where I stood for three hundred hours

And where they never, never opened the doors for me.

 

Here, then, is the first extract from Requiem by Anna Akhmatova.

 

Prologue

In those years only the dead smiled,

Glad to be at rest:

And Leningrad city swayed like

A needless appendix to its prisons.

It was then that the railway-yards

Were asylums of the mad;

Short were the locomotives’

Farewell songs.

Stars of death stood

Above us, and innocent Russia

Writhed under bloodstained boots, and

Under the tyres of Black Marias.

 

 

A duke of dark corners

 

Last night I watched again Orson Welles’ Chimes at Midnight, and the 2006 film of Measure for Measure.  The latter is, among other things, a play about bad government, by a duke of dark corners, and someone he gets to do the job in his reputed absence.  He has not done his job as ruler for a long time, a very long time:

We have strict statutes and most biting laws,

The needful bits and curbs to headstrong weeds,

Which for this fourteen years we have let slip,

Even like an o’ergrown lion in a cave,

That goes not out to prey.

The result?   There ‘goes all decorum.’  But when the substitute mounts a drastic crackdown, then, in the words of Milton, ‘all hell breaks loose.’  But this paragon of ice-cold virtue – when he makes water, it is ‘congealed ice’ – is in turn corrupted.  He seeks to suborn a subject.  The protest contains these lines:

O, it is excellent

To have a giant’s strength; but it is tyrannous

To use it like a giant.

And –

… But man, proud man,

Dressed in a little brief authority

Most ignorant of what he’s most assured,

His glassy essence, like an angry ape,

Plays such fantastic tricks before high heaven

As make the angels weep; who with our spleens,

Would all themselves laugh mortal.

The film is not for the purist.  It is pared back to the bone to raise the issues with the pungency we associate with Greek tragedy. The play is notoriously difficult to put on.  The comedy sits very edgily with the drama.  The film deals with that problem by deleting almost all the comedy, and leaving out Barnardine and most of Lucio (who was hilariously played by Richard Piper in an MTC production years ago.)

I have forgotten what a whack this play can give, and how instructive it is about what happens when the law is not applied or abused.

For those who might be interested, which should include all lawyers, I said the following about the work elsewhere.

MEASURE FOR MEASURE

THE ABSOLUTE LAW AND A DUKE OF DARK CORNERS

Sweet sister, let me live.

More than our brother is our chastity.

 

The most morally charged of the plays of Shakespeare is Measure for Measure.  It keeps putting up moral questions for the judgment of the jury constituted by the audience.  It is therefore ironic that the title of the play comes from that part of the Sermon on the Mount that instructs us not to judge lest we be judged.

The ruler of Vienna has not enforced its strict laws relating to sex for fourteen years.  Sexual licence is rife, with the consequent diseases.  The ruler decides to stage an absence and appoints a strict, ‘precise’ deputy to enforce the laws.  The ruler, the Duke, looks on disguised as a friar.  The deputy, Angelo, sentences a young man, Claudio, to death for getting a young woman pregnant.  The crime is fornication.  The sentence is legal but inequitable.  The sister of the condemned man, Isabella, pleads for his life.  Angelo becomes infatuated with her, and offers to spare Claudio if she goes to bed with him.  She is revolted, the more so when Claudio thinks that this may not be too high a price for his life.  The disguised Duke somehow manages to save the day by deceiving Angelo into believing that he has bedded Isabella and executed Claudio when neither is the case.

The play is said to be a ‘problem play’.  These plays give us an uneasy and unvarnished look at our dark side, our mean side, our low side – our ordinarily low side, not our tragically failed low side.  If this play were a painting, we would say it was a painting with ‘edge’.  If properly performed, which it rarely is, it is as entertaining a play as this author has left us.

The most obvious political lesson of this play is one that we did not need Shakespeare to teach us.  All power corrupts; absolute power corrupts absolutely.  The Duke invests power in Angelo as a kind of test or experiment:

… Hence we shall see

If power changes purpose what our seemers be (1.3.53-4).

The Duke gives his deputy ‘absolute power’ (1.3.13) and Angelo is corrupted absolutely.  This is corruption in the pure sense, because Angelo uses his position to extort personal advantage, or at least he tries to do so, and in so doing betrays the confidence placed in him and acts against the interests of those whom it is his duty to protect.  By offering to spare a criminal in return for a night of lust, Angelo betrays his own view of justice which requires him to:

… pity those I do not know

Which a dismissed offence would after gall (2.2.101-2).

Justice is for sale.  Within days of his appointment, Angelo is reduced to the level of a judge in Indonesia or Russia.  He also reminds us of those US politicians, and J Edgar Hoover, who launch crusades against gays while propositioning young male members of their staff.

Nor should the Duke have been dismayed.  Angelo could have been carved out of stone.  (Lucio is a little more crass.  He  says that when Angelo makes water ‘his urine is congealed ice’:3.2.113.)  Angelo is a man of ‘stricture and firm abstinence’ (1.3.12), a ‘precise’ man who ‘scarce confesses that his blood flows’ (1.3.51-2).

This, then, is a cruel experiment on the part of the Duke, to get this precise, prim piece of work to bring the boom down on the gay blades and knock-shops of the suburbs of Vienna.  It would be like sending a lay Baptist preacher to clean up a speakeasy in Chicago in the twenties, or the principal of St. Catherine’s to correct the language of drinkers on the terrace at The Storm.  They would be lucky to be offered the alternative of a brown paper bag or a baseball bat.

When the Duke told Angelo of his appointment, he said that ‘mortality and mercy in Vienna’ lived in his ‘tongue and his heart’ (1.1.44-45).  The Duke was more than flirting with veracity here, since he knew very well that Angelo, the precise Angelo, would always be longer on mortality than mercy.

The failure of governance, as we would now call it, which gave rise to this problem in Vienna was twofold.  First, Vienna had made laws relating to morals – in particular, sex –  that were too strict or ‘biting’ to be adhered to by a large part of the people.  We have seen this in our time with laws on abortion.  The result is that the laws are not enforced according to their terms.  The result then is that the operation of the law depends not on its own terms, but on the workings of functionaries.  That is, the laws become political questions rather than legal solutions.  We can see this when a Bill of Rights is stated so absolutely that its meaning and effect has to be determined by an unelected body, the judges.

We saw this also in Australia with capital punishment.  The law imposed the death penalty for murder, but for about fourteen years – the lapse of time referred to in the play (1.3.21) – the sentence was commuted.  When a government broke that custom and went ahead with an execution on the grounds of its own dictation, and not those of the law, it was in the eyes of many guilty of murder.

And so it would have been in Vienna.  The Duke knew that it would go badly for him if he just sought to enforce the laws out of the blue – this would be seen as ‘tyranny’ (1.3.36) – which is precisely what it would have been, a capricious reversal of fortune at the whim of the government, unfounded in the laws of the city as custom had rendered them.  It does not cease to be tyranny merely because the governor, wanting the courage of his own convictions, ducks for cover and appoints a deputy.  And not just any deputy.  Old Escalus would have been shrewd and warm enough to have been malleable, but the precise Angelo was going to be anything but malleable.  He was always going to be ‘absolute’.

And so Angelo finds that it is his turn to play the part of that most dreadful threat to a sane and sensible judiciary – the tyro judge who will be the new broom and clean out the stables, which he looks down upon so absolutely, according to his own preconceived ideas – his agenda, if you prefer – and to hell with the consequences.  These interruptions happen about once in a generation – this is our doom – and the crowd correctly says that the people responsible are mad.

 

This threat of government by men rather than government by laws pervades the play.  The corruption of Angelo leads him not to apply the law.  He had resisted the pleas for mercy by Isabella, saying that it was not he but the law that condemned Claudio (2.2.80).  That simply begs the question on the power to commute or reprieve, in the same murderous way that Sir Henry Bolte did when he refused to commute the sentence on our last hanged convict in Victoria.  Isabella correctly observes that Angelo could pardon the prisoner ‘and neither Heaven nor man grieve at the mercy’ (2.2.50) and all Angelo can do is to say – again pointlessly – that the plea comes too late.

Isabella then warns Angelo against abusing his strength by abusing his power (2.2.108).

Now, laws are administered by people – laws do not administer themselves.  But people administering the laws must act according to the laws.  It may be that the only safe way to neutralise the corrupting effect of judicial power is by having a jury of people selected at random from off the street (and we are in the process of getting rid of the jury).  Otherwise you are left with the problem of every ‘pelting petty officer’ using ‘Heaven for his thunder’.  While Angelo is behaving like a swine, the author puts pearls before him.

… But man, proud man,

Dressed in a little brief authority

Most ignorant of what he’s most assured –

His glassy essence – like an angry ape,

Plays such fantastic tricks before high Heaven

As make the angels weep … (2.2.117-122)

These deathless words should be cast in marble in every court in the country.

The fall of Angelo might be a tragedy in the traditional sense.  As a result of his ‘firm abstinence’, he has wondered how men might fall for women (2.2.186).  Now he knows, and he finds himself on a knife edge.  Having sat on his humanity and suppressed his nature, he found it was time to unlock the gorilla.  We are now sickeningly familiar with the sequence and the consequence.  Whatever else strict abstinence has done for Angelo, it has not left him well balanced.  He is a victim of his own flight from life – of his own virginity.  Are we still so unbalanced – so prejudiced – that we do not say the same for Isabella?

So, the play has touched on two problems that arise when we sit in judgment on others.  What right do we have to set ourselves up to judge others when we are all afflicted with the same frailties?  How do we protect ourselves from the title of one source of this play, The Corrupt Magistrate?

The fault of this Duke has not been just that he has not enforced the laws for a generation.  When he has sat as a judge, he has been one of the two-speed sort – nought and flat out.  With the Duke, it was all or nothing – freedom or death (4.2.136).  This is the worst kind of judge.  There is no law, only the digestion or humour of the official posing as a judge.  Appearing in front of a judge like this is like hitting a tennis ball against a brick wall that is divided by a Plimsoll line – except that the line is invisible.  This is the type of judge who betrays the law – they do not discharge their duty to decide cases according to the law.  They are guilty of moral cowardice. They are also bone lazy.

Vienna has another problem.  There appears to be one law for the city and one for the suburbs – one law for the better people, and another for the rest; authority against anarchy, nuns against punks, chapels against brothels.  Lucio flits between the two and his frank assessment of each is probably as embarrassing to one as to the other.  But the only connecting link lies in that part of human life that we now denominate by the three letter word ‘sex’.  As Tony Tanner remarked, sex is at least potentially ‘a great leveller’.  If you had to choose between the rank flesh and sweat of the knock-shop and the heartless hysterical rigidity of a chapel, you might pause.

 

That brings us to the Ice Maiden, Isabella.  We are told that the founder of her Order, Saint Clare, decided to put herself in the hands of God when her parents asked her to marry.  We do not know what sent Isabella to the Order, a very strict one according to the books, but when we first meet her she is one of those painfully deluded soi-disant believers whose warped minds lead them to believe that it is easier and safer to get close to God by denying their own humanity than by facing and embracing the humanity of themselves and others.  It is the kind of retreat from the world, itself a kind of moral cowardice, that Gibbon railed at.  Ascetics, he said, ‘obeyed and abused the rigid precepts of the Gospel, and were inspired by the savage enthusiasm which represents man as a criminal and God as a tyrant’; for them, ‘pleasure and guilt are synonymous terms’.

And not just Gibbon.  Measure for Measure is about the conflict of law and equity, earthly rule and the Sermon on the Mount: but it is also about the conflict between the Church or the clergy and the Sermon on the Mount.  If a decree of the clergy is contrary to the spirit of the Sermon on the Mount, which is to prevail?  Kant had no doubt at all, and shaped much of his thinking, and got into trouble, to assert the primacy of the word of God over the word of man.  ‘Rule by clergy [pfaffentum or clericalism] therefore is the constitution of a church to the extent to which a fetish-worship dominates it, and this condition is always found wherever instead of principles and morality, statutory commands, rules of faith, and observances constitute the basis and essence of the church’.

In the film Chariots of Fire, the professional coach told his neurotic acolyte that the 100 metres sprint was tailor-made for neurotics.  Isabella and Angelo are neurotics who are tailor-made for each other.  They are both virgins, heading for a bonfire of virginity.  They are what we would now call control freaks (and so is the Duke).  They might also be called absolutists.  Isabella sees this.  She refers to someone ‘as absolute as Angelo’ (5.1.54-5).  (Perhaps her own absolutism is one of the things that attracts Angelo to her.)

We see what we would now call the repressed nature of each of these characters almost immediately they appear on the stage.  In the fourth line that Angelo utters (1.1.48), he asks for some more tests to be made of his mettle before he is promoted.  In her third line (1.4.4), Isabella is seeking a ‘more strict restraint’ than apparently then offered by the sisterhood of St. Clare.  They are both, in the common phrase, buggers for punishment.

Isabella must have had something.  This cold-hearted refugee from the world spends about half an hour with each of the two leading men of the State, and each of them propositions her as a result – one for a one night stand, and the other for life.  Was it that she was a novice?  A nun?  That she could give as good as she got?  That she had a mind as well as a body?  That she was just innocent?  That she may have appeared to be out of reach?  Or that she was just one of those unhappy creatures who seem to call for violation?  Were the men maddened at the thought of this woman becoming a bride of Christ?  Was she terrified that if she gave in to Angelo to save the life of her brother, she might be disqualified from that race, even though her own Saviour had consorted with prostitutes?

It is a measure of his sex driven madness that Angelo tells Isabella that if he cannot have her, he will torture her brother to death (2.4.166).  All this in the city that gave us Sigmund Freud. Angelo and the Duke are examples of those characters who are mesmerised by innocence.  (Pontius Pilate may well have been another.)

Now, it is fair to say that the conduct of Isabella toward her brother may have been better received in 1604 than it is in 2009.  But it must have been hard even then.  Claudio remarks, not unnaturally, that ‘death is a fearful thing’ (3.1.117) and prays:

Sweet sister, let me live (3.1.133).

For that he gets called a beast, has his parenthood questioned, and is told to die quickly.

Then, Isabella, live chaste, and, brother die.

More than our brother is our chastity. (2.4.184-5)

Question answered.  Equation denied.  Irrefutably.  As someone said elsewhere, ‘Yours in the ranks of death’.  There are dark and carnal secrets here. Isabella comes near to rapture when her brother says that if he has to die, he ‘will encounter darkness as a bride’ and hug it in his arms (3.1.84).  A brother becomes a bride of death so that his sister may become a bride of Christ.

Isabella is confident that Claudio will die a martyr’s death.  Heaven awaits him.  In the nature of things, the martyr is not so enthusiastic.  He would prefer another two generations to elapse before he ascends to God.  He is after all facing death for giving life.

This, then, is an appalling example of how wrong we can be when man-made doctrine is allowed to overrule the simple greatness of the Sermon on the Mount.  Tony Tanner has a beautiful line from Langland.  ‘Chastity without charity is chained in hell.’  In truth, in her fall, Isabella mirrors Angelo in his fall – these two fanatics are both prepared to put their adherence to their calling to a strict test – the need to enforce the law to the letter, or to preserve a rule regardless – over the life or decency of another.  In so acting, each is guilty of that moral failing that is perhaps our ultimate threat – the readiness to sacrifice humanity – real people – for a mere idea.

When Isabella is induced to break her moral code by lying, her extenuation is merely that ‘the doubleness of the benefit defends the deceit from reproof’ (3.1.263-4).  The ends, for Isabella, therefore justify the means.  If it took a saint to catch a saint, it would also take a thief to catch a thief.  Two things.  This rule does not apply where her own physical or moral condition is concerned.  The loss of the head of her brother does not warrant the loss of her spotlessness.  His losing his life does not warrant her going into sin.  Secondly, the maxim that the means are justified by the ends can lead to unpleasant consequences in the hands of people like Napoleon or Hitler.

Doubtless Isabella still has her champions.  Her champions would be of the ‘Be absolute for death party’ (3.1.5).  This is one of those maxims that is easier said than done – unless someone else does the dying.  Geoffrey Bullough says that the argument of Claudio that nature dispenses with a sin to save a life has ‘a specious plausibility’.  He argues that the law Isabella ‘serves is one above Nature; and she conquers in the struggle between natural affection and supernatural injunctions’.

An invocation of the defence of superior orders does not become any more attractive than the version rejected at Nuremberg just because you invoke the supernatural.  At least the Wermacht and the SS knew that Hitler was there.  The contrary is the case now. People who drive planes into tall buildings are not heard to justify their actions by saying that they were acting under orders from God – some supernatural injunction..  And it would certainly inflame the sentencing court if they described the result of their struggle between natural affection and obedience to God as a ‘conquest’ for God.  But if the point is that the tenet of the church that Isabella was asked to contravene is non-negotiable, this would be in character for her as an ‘absolutist’ of a very heartless kind.

One of Bullough’s sources is Augustine De Sermone Domini in Monte (the Sermon on the Mount).  Augustine appears to countenance a woman giving up her body to a cruel governor in order to save the life of her husband.  The passage of the centuries means that the reasoning of the Saint may not now command the universal assent in every part of every household.  He appears to have countenanced the surrender of the wife if the husband asked her to do so since ‘the conjugal master of her body to whom all her chastity was owed’ could proceed on the footing that he was ‘disposing of a matter properly his own’.  Geoffrey Bullough thought the reasoning somewhat dubious but said that in any event ‘no brother could rightfully demand the ‘monstrous ransom’ of a sister’.

However that may be, it is the absence of a guilty motive that makes baseless the fear of Isabella that she ‘by redeeming him / Should die forever’ (2.4.107-8).  Was there a God ever conceived, let alone this one, who could so punish a human being for an act of redemption?

It follows that insofar as Isabella denied Angelo because her acceding to him would lead to her dying forever, she was impaling herself on a false dilemma.  After all, even our law has sufficient charity generally to require the finding of a guilty mind before it finds that someone has committed a crime against its laws; and a moral law that lags behind the strict law faces serious problems.  And if we are wrong there, which is a real possibility, we may find it hard not to follow Gibbon in concluding that the God of this ascetic – Isabella – is indeed a tyrant.  And that just may be a true dilemma for Isabella.

But let the divines say and the ecclesiasts rule as they may, we may stay with the text that the author has left to us.  We might merely reflect that when our law has to resolve moral questions, it tends to refer the issue to the conscience of the court, or the general verdict of an inscrutable jury.  (We are, after all, the product of the Protestant Ascendancy.)  The first is what the lawyers call equity.  If Isabella were to proceed on the basis that she should act according to her conscience, she may not take long to decide.  She has to live with her decision, and her brother might have to die because of it.  For what it is worth, that proposition may not leave all that much room or need for juggling.

(The play does refer to our other method of resolving moral issues.  Habsburg Vienna would not have had much time for juries, and Angelo was expressing an English view when he said that a jury of twelve would have one or two ‘Guiltier than him they try’ (2.1.21).  The same may go for judges.)

Isabella prefers the gloss of the commentators to the words of the text. This problem  bedevils our law.  Common lawyers feel uneasy when they stand before a naked act (statute).  They need to baptize it into their tradition and then drench it in their gloss.

How stands it, then, with the Duke, the character perfectly described by Lucio as ‘the Duke of dark corners’ (4.3.159-160)?  Born to reign, rather than to rule, the Duke lets his state go to waste; then he refuses to apply the correction himself; then he chooses the wrong deputy in an experiment on live subjects that goes badly wrong; then he enjoys himself playing puppet-master –he is a real live boss at last! – while posing as a priest and deceiving his subjects with news that is both false and hurtful.  Meanwhile, he cannot get either Lucio or Barnadine to obey him.

It is silly to compare this Duke with Prospero.  Prospero is out to avenge his ‘high wrongs’.  This Duke meddles about while mired in his own mediocrity.  He is another control freak, but a badly failed one, and a worse hypocrite than either Angelo or Isabella.  That, you might think, is a very large statement, but the Duke pretends to adopt the high moral ground even though the whole problem has arisen only because of his gormlessness.

Then, while fraudulently imposing himself on believers as a priest, he takes confession and then boasts of having done so (5.1.530).  It is hard, off hand, to think of a more complete or despicable betrayal of faith or a breach of trust, and this in a city that was to give such a warm welcome back to Adolph Hitler.

And then, suffused – no flushed – with his own goodness, he propositions the novice nun.  Is this an abuse of office?  Of course it is.  It is the abuse of two offices.  He has won the confidence of Isabella while posing as a priest.  (We do not know if he took the confession of Isabella as well as that of Mariana, but if he had been asked to, he would not have hesitated – he was into that kind of game, a kind of loaded charades.)  Then he seeks to benefit from using his power to save the brother of his target.

The difference between Angelo and the Duke is that Angelo promised to save Claudio after Isabella has gone to bed with him; the Duke saves the brother, and then seeks his reward in the form of a more permanent coming across – from someone young enough to be his daughter.  It is conduct in a public office of such an awful kind that it would warrant the promotion of its holder to the highest rank in politics.

That is why the author left open the response of Isabella to the limp-wristed proposals of the Duke, and why the best productions show her giving the Duke the cold shoulder. The RSC, it is said, shocked its audience in 1970 when it showed Isabella rejecting the Duke.  Forty years later, assuming that women have raised themselves above the status of serfs in the Russia of Ivan the Terrible, it might come as a serious shock to the sensibilities of audiences now to see Isabella accept the proposition.

The final delinquency of the Duke is his failure to execute due process of law on Angelo.  If you are going to have a death penalty, and if it is to be applied by due process rather than personal decree, Angelo had to suffer it.  (Remember that Claudio was sentenced to death for ‘fornication’).  Angelo traduced the office of a judge.  He attempted to rape Isabella – and that is undoubtedly what it was, an attempted rape.  He then attempted to murder Claudio.

The Duke lets all of this go, and not for reasons that are light years away from those that corrupted Angelo.  He, too, is infatuated with Isabella – he must be if he is asking her to marry him – and he wants to impress her.  Opinions might differ on whether this abuse of power is worse than Angelo’s. Some think  that it is, since the consequences of his abuse of power may be more terminal.

Two things might be said in extenuation of the failure to execute Angelo.  First, everyone appears to have been very sensitive about executing people.  You have to be certain that the condemned are ready to die.  (Remember the ghost in Hamlet?)  This was urged on behalf of Claudio (2.2.83-4) and, hilariously, by the self-confessed murderer and drunk, Barnardine.  He simply declines to die because he had been drinking all night and peremptorily shuts the Duke up when the Duke dares to suggest the contrary (4.3.54-63).  (Barnardine, like Lucio, has a clear-headed view of the world, and looks sane by comparison to the three heroes.  It is part of the high dramatic technique of this playwright that their outlook comes out in scenes of surrealist comedy that might remind you of the Goon Show or the brothel scene in the Ulysses of Joyce.)

Secondly, as John Fletcher remarked, the idea of tragi-comedy is to bring none to death but some near it.  But, of course, only for the author is this an excuse.

The year before this play was put on, 1603, James I came to the throne and observed:

Laws are ordained as rules of virtuous and social living, and not to be snares to trap your good subjects: and therefore the law must be interpreted according to the meaning and not the literal sense. 

These conflicting impulses run through the law and equity of both Rome and England.  They led to a dog’s breakfast in the Vienna of our play.  Two people to come out of the play enhanced are the Provost and Mariana.  When asking Isabella to plead for the life of her then husband, Angelo, Mariana says:

They say, best men are molded out of faults:

And, for the most, become much more the better

For being a little bad. (5.1.442-4)

Well, as someone said in another play, for this relief much thanks; nor may it hurt to be a little mad as well as being a little bad.

The modern film set in a  British base in post-war Germany is well worth a look, but the performance by Kate Nelligan for the BBC is both riveting and peerless.

Measure for Measure shows  us what Milton called ‘darkness visible’.   The problem then is that these characters seem to us in some way so much more real than those that paddle about in our own little duck pond.  This effect of this play on us, and its insight into our dark corners, are an enduring testimony to the matchless humanity of its creator. The play continues to reveal to us truths about us and our laws, when we seek to apply the laws too hard or too softly, or when we let people put themselves above the law – or when we put the laws too far above people.

REFERERENCES

Tanner                       Comedies, Vol 2, p clxvi

Gibbon                         See, S P Foster, Melancholy Duty, Kluwer, 1997, pp 191, 213                

Kant                           Religion within the Boundaries of Reason, Hlisaarp, 1960, p 167-8

Tanner (Langland)   above, p clxiv

Bullough                     Vol.2, p 408

Milton                         Paradise Lost, 1.63

Passing Bull 44 – Outstanding hypocrisy in the Press

 

Politics and politicians are on the nose all around the world.  There is a savage reaction in the West against political parties and political elites.  Since the system as we know it has been worked by political parties run by elites, the results may be disastrous, if not terminal.  Corbyn was bad enough, but Trump is a genuine nightmare.

In Australia there is a very unhappy union between politicians and journalists.  There is much to be said for the view that our press is in large part responsible for the awfulness of our politicians.  They are far too cliquey and close to their subjects; the worst kinds of would-be journalists are tribal, and feed themselves on hits from other followers of the cult on the Internet.  The real disasters are former political staffers who then want to pose as journalists.  Instead, they become boring and loaded cheerleaders.

Two of the worst examples are Chris Kenny and Niki Savva.  They could not hope to pose as being objective, but they sadly think that that they are intelligent.  They live in confined echo chambers quite cut off from the world, just like the politicians in Canberra.  They are part of a useless but self-appointed elite that is quite out of touch with what they call the mainstream.

It was therefore quite a surprise to read the following from Chris Kenny in The Australian last Saturday:

There is a great and pernicious divide in Australia.  It is not between the eastern seaboard and the western plains, or between the rich and poor, city and country, black and white, or even between established citizens and refugees.  The divide is between the political/media class and the mainstream.

There is a gulf between those who consider themselves superior to the masses and want to use the nation’s status to parade their post-material concerns, and those who do the work and raise the families that make the nation what it is.

That is a reasonable statement of the problem, even if it comes from one of the worst examples of those who give rise to the problem.  And what on earth is a former Liberal staffer – attached to Lord Downer; no wonder his syntax is shot – and employed by The Australian and Sky doing referring to ‘the masses’.  Has Mr Kenny ever met one of them?  But then it all becomes clear when we get this:

In this election we are seeing the chasm open up, like a parting of the seas, as the media elites and their preferred left-of-centre politicians seek to determine what issues should be decisive.  They lecture and hector the mainstream.  Worse, they try to dictate what facts can even be discussed.  They seek to silence dissent.  They have compiled an informal list of unmentionables, facts that should not be outed: the truths whose name we dare not speak.

And then Mr Kenny goes on to ‘lecture and hector’ those poor souls who share his echo chamber, the true believers who know that Satan masquerades as the ABC and the Fairfax press.

This is all as boring and predictable as anything said by Mr Kenny in The Australian or one of those ghastly Sky chat shows that demonstrate that the chattering classes, the former chardonnay socialists, have long ago swapped sides graphically and terminally.  We reached a new all-time low recently when Peta Credlin joined Andrew Bolt for a nocturnal tryst on Sky that will be sure to upset at least three dinners a night.  It might all be boring, but the hypocrisy of Mr Kenny takes your breath away.

We get some idea of the problem from the article immediately beneath that of Mr Kenny.  It comes from the paper’s former editor, Chris Mitchell.  Mr Mitchell looks like he may be as unattractive in the flesh as he is in print.  On the same day, Mr Coorey in the AFR – part of the Anti-Christ and my paper of choice – referred to those journalists who scramble like Spitfire pilots when someone says something rude about the Liberals.  Mr Mitchell gives us a roll call of those he invokes to defend that brute Dutton – Paul Murray, Judith Sloan, Mark Latham, Andrew Bolt, Peter van Onselen, Paul Kelly, Chris Kenny, and other pilots in The Oz or Sky squadrons, the usual suspects.  There is apparently honour among sellers because Mr Mitchell informs us that Peta told Andrew that she would not criticise Niki over her bestselling book.  Here surely was grace that passeth all understanding.  And guess what – Peta’s ‘appearances throughout the week were sure-footed and incisive.’  Has tribalism got any lower than this?

And Mr Mitchell gives us an insight into the light years between him and the ‘masses’ when he says:

Latham sees Labor being trapped in a world in which the Left rejects the notion of observable truths, but ordinary voters see Safe Schools as an extreme attempt to reconstruct gender.

In the sweet name of the son of the carpenter, is there any bastard outside the Canberra bubble who knows what ‘reconstructing gender’ might mean?  Does any decent Australian give a bugger about the alleged Left/Right divide or any other of those profoundly stupid chat shows called ‘culture wars’?  Have they not yet seen that everyone else rejects all this bullshit and all those who want to wallow in it?  Does the press just not get that they are an essential part of the package that people are rejecting all around the world?

Then there is poor sad Gerard Henderson who looks like he has never smiled, let alone laughed.  Gerry must be the text-book example of a man who preaches – and, like Mr Kenny, and most of these cave-dwellers, he does preach – only to the converted.  It looks like the lawyers may have been at Gerry’s piece, because he wants to say that the Royal Commission is loaded against our George, but he concludes by saying that their behaviour raises issues of fairness.  His sub-editor said the Commission ‘fails the test of fairness.’

And Gerry has come up with some hard evidence.  Someone on the Commission staff had worked for the ABC!  Worse, Gerry had followed that person’s journalism – no ABC journalist ever escapes the gaze of either Gerry or God – and Gerry ‘happened to know that he was a vehement critic of the theological conservatives in the Catholic Church, such as Pell, layman B A Santamaria and more besides’.  Just think of it – an ABC journalist being a critic of Bob!  But the case is even worse!  Gerry just happened to run into this one-time journalist in the street – the corner of Phillip and Bent streets.  For some reason, Gerry was surprised to see the man.

Crittenden was dressed in a fine suit, well-pressed shirt and tasteful tie.  I asked him how it came to pass that a one-time left wing ABC journalist [really, Gerry, the left-wing part was otiose – we and God know they all are left-wing at Auntie] looking so CBDish so early in the morning.

Good heavens – an uppity socialist!  And what in heaven has the earliness of the morning got to do with this dastardly conspiracy?  But Satan can be devious with his disguises – just look at that unfortunate incident in the garden when he got us all damned, and one half of humanity proscribed for the ages; it was a bugger of a day for the girls.

Having mounted this massive case about his surprise ‘that a Pell critic such as Crittenden had been appointed to a senior position at the royal commission’, Gerry delivers the coup de grâce.

It would have been like appointing Andrew Bolt to a senior management position at the royal commission into trade union governance and corruption.

Poor, sad Gerry – he does not understand, and he never will, that very many Australians, including me, think that his mate Tony Abbott did a lot worse than that in appointing his mate Dyson Heydon to run that royal commission.

And Gerry – that other royal commission can say what it likes about George, but nothing they say will come anywhere near to causing the damage that George has brought on himself and his church.

And finally, Gerry – in addition to harbouring Bolshie views, I’m a ghastly snob; I only wear shirts from Jermyn Street; I only wear ties by Hermès or Ferragamo; and I have just acquired a Zegna scarf to add to the Hermès number – so you can put me down as a card carrying communist who should go straight to the head of the Watch Lists maintained by Opus Dei and the Society of Jesus.

A Big Thank You…

….to the person who kindly sent me that wonderful hamper.  Your graceful note did not disclose your identity.  I recall some reference to being saved from the communists.  Was it, you, perhaps, Gerry?  God does after all work in mysterious ways.

Poet of the month: A D Hope

The Apotolesm of W B Yeats

Such a grand story

Of Willy Yeats,

Keeping his warm bed

Under the slates

To a tale of milkmaids

His friend relates:

 

‘At churns in Sligo

The wenches hum:

Come butter, Come butter,

Come butter,

Come! 

Every lump as

Big as my bum!’

 

A milkmaid mounting

The poet’s stair;

A blackbird trilling

His country air;

Butter and bottom,

The muse was there.

 

Sheep in the meadow,

Cows in the corn;

Come Willy Butler

Blow up your horn!

Out of such moments

Beauty is born.

Red cards

 

During an AFL game on the weekend, a Port Adelaide player struck a West Coast Eagles player to the rear of the head.  In the year of Our Lord 2016, it was sickening to watch.  A Fox commentator later said that it was a throwback to the 80s.  He was too young to know what happened in the 50s and 60s.  Then we used to smile about these things, but thank God things have changed in the last three generations, and we have grown up.

My views started to change firmly in the early 70s when I heard two coaches of two teams of public-school old boys calmly discussing whether or not they might have to ‘put to sleep’ a player destined for the VFL and one that neither could handle.  If this brutality was happening with amateurs, what might it be like if there was money on the table?  Not long after that, a Collingwood player called Greening suffered very serious injuries when he fell on his head.  The problem with these attacks is often not the original blow but the consequences in the resulting fall to the ground.

The blow on the weekend was struck with the elbow or forearm and it made contact with the back of the head of the victim – in about that area where Philip Hughes was struck and killed.  The victim was not, I think from the replays, in the air at the time of the impact, but he was quite off-balance, with his back turned, in the act of completing a mark, and I think with only one foot on the ground as he was falling toward the earth.  He was carried off in a neck brace with concussion.  It is not absurd to say that the effect of the blow, either immediately, or consequently on impact with the ground, could have been fatal.  There was of course strong reaction from the players, and what is called a melee.

The attack was late, deliberate, vicious, and cowardly.  It was the definitive foul – it was dangerous and as unsportsmanlike as you can get.  Under the laws of the game as they stand, the culprit played on – and, as it happens, his side got a run on – while the victim was carried off and his medical advisers considered having him taken to hospital.

That is a revolting consequence.  It puts the game to shame.  There is no doubt that under the rules of rugby as they are played and administered, at least at the top level, the culprit would have been given a red card and sent off for the match – and his team would not have been able to replace him for that match.

The AFL needs to get its act together on yellow and red cards.  Rugby was an English invention, from which our AFL derives, that was used to implant what was called character in boys and young men.  It is absurd to suggest that such a game, or any derivative of it, should in the year 2016 be a vehicle for this kind of brutality being inflicted without some form of immediate response from authority on the ground.  They have done it in rugby for as long as I can remember, in part, I think, because the game is better administered on issues of discipline at the top level, and more independently administered without having to suffer being importuned by the clubs, and in part because rugby justifiably has more confidence in its referees than the AFL or the NRL does.

We can presently put to one side yellow cards, and ten minutes in the sin bin for lesser offences or ‘cynical’ abuses of the rules, and just look at a terminal send-off under a red card.  In rugby, if the referee has any doubt he will look with other officials at the big screen replay and then make an immediate decision.  In a match in New Zealand about three weeks ago, one player flew very high and an opposing player came underneath him so that he fell very dangerously – he could have broken his neck.  In rugby, there is an absolute ban on tackling a man in the air, and although both the TV referee and the referee on the ground said that the tackle was not malicious, there was no doubt that the offender would be sent off for the match, and this was very early in the match, for what was a dangerous tackle.  His team played the whole of the rest of the match one down – there was no malice, but the safety of the player is paramount.

The AFL is not discharging its obligations to its players by failing to institute similar disciplinary responses.  The AFL is self-evidently not making the safety of the player paramount by adopting a tried and proven response used all around the world.

If the AFL needs it, there are market reasons why it should implement the red card.  Mums and dads watching this game and wondering what their kids might do, need assurance that the highest level the safety of players is the first concern of the authorities of all codes.  And they might find that it adds to the theatre of the game, and also that it might defuse some of the lunatics on the other side.

A couple of weeks ago, I was watching the great Jonathan Thurston play in the NRL.  He was hit after he had passed the ball.  He was therefore in a similar position of unreadiness as the West Coast Eagle victim.  Thurston spends a great deal of his professional life facing thirteen bruisers who could, on a bad day, do him most serious injury.  But when he does so most of the time, he is braced and ready for them – and he wears a head-guard for the same purpose.  But, as the commentators pointed out, he is obviously not in that state of readiness after he has just passed the ball – he is open and vulnerable, and that is just what makes these attacks so cowardly and so dangerous.

It was the same on the weekend, and it is time that the AFL matured, and got respectable, and does what it has to in order to protect the players – who, as it happens, are just about the only asset of worth that the AFL has.  The AFL should know this – at least one other code does it better, and they already look down their noses at you.

And that is before we get to the sword of justice.

Passing bull 43 – Bullshit about insults

 

Election time is a very bad time to be an Australian.  We are now squarely in the world-wide pattern of rejecting major parties.  I would prefer to avoid politics, and observe that most of our first white boat people in the First Fleet were illiterate, and undesirable, but some ideologues refuse to lie down.

More than twenty years ago, I attended an IBA conference in New York.  It had been scheduled for Nairobi, but the venue was changed to New York because of terrorist unrest in Kenya.  (The Kenyans said this was all a CIA plot.)  Our media law section was to have a session with the editor of The Kenya Times.  My American colleagues were First Amendment lawyers and ‘free speech’ fanatics.  I, not being a fanatic, was asked to look after the editor in the debate on the rostrum.  The room was packed with coloured people, and it soon became obvious that my man, the editor, who was coloured, had the numbers on his side.

The editor produced that day’s morning edition of the Murdoch tabloid of New York. The front page had a crude, full-on full-page swipe at the love life of the then wife of a crude lout called Donald Trump.  The back page hurled abuse in giant headlines at the Yankees and said: ‘Stick a fork in them.’  The front and back pages were therefore colossal and provocative insults.  They were standard fare for New York but the editor said, entirely credibly, that if he had published either of those pages in his paper, there would have been blood on the streets of Nairobi before the sun had set.

This was a sobering reminder that our tolerance of insults varies from place to place and time to time.  There are still many places in the world where I could be executed for saying that God does not exist.

Any society that has laws will have laws against killing people or physically hurting them.  We have laws, civil and criminal, about assault.  What about when the assault is verbal?  Do we have laws against insulting language?  Yes – at least where the insult is made in public.

What is involved when one person insults another?  The key meaning in the OED is ‘to assail with scornful abuse or offensive disrespect; to offer indignity to; to affront, outrage.’  If you look at the OED, for both the noun and the verb, you will see the link between ‘insult’ and ‘assault’.  An insult is a verbal kind of assault or attack by one person on another.   To ‘outrage’ someone is to do something they resent so much that they are enraged.  The usual reaction of the victim is to seek revenge.

We have laws against verbal assaults called insults because we realise that verbal assaults can be just as wounding as physical assaults.  We also know that one of the primary objects of the law is to keep the peace, and that one easy way to produce a breach of the peace is for one person to insult another, just as it is for one person to strike another.  In many cultures, an insult could lead to a duel and death.  In many cultures, a religious insult, or an insult to a family, will lead to death without the formality of a duel, much less a trial.

So, if in Australia one person approaches another in public and says ‘Your father is a coward and your mother is a slut’, that person has committed a criminal offence.  It would be silly to say that the father and mother should be left to a civil action in defamation, if they have one, or that the person directly insulted, and outraged, might inquire of a lawyer whether he or she has any form of action at all.  We think that the police should have the power to make an immediate arrest in order to keep the peace.  And it would be just as silly to say that such a law affects something called ‘freedom of speech’.  Most laws do, especially if the law expressly refers to speech.  It adds nothing to this conversation to state that inevitable result.  The question is whether such a law is warranted.  Very few people think that such a law is not warranted.

Most see such a law as essential to keeping the peace in a civilised community.  Similarly, most people think they should be able to walk down the street or go the football with their family without having to listen to or read obscenities.  There is no great issue of policy much less ideology here – we are just talking about keeping the peace.  Most people know what that is and what we should do to achieve it.

We in Australia therefore have these laws about insulting people in public.  We are much more sceptical about any suggestion that we should outlaw insulting religion or the nation.  But that scepticism need not disturb our dealing with what we regard as plain cases of insult that the law must deal with.

Similarly, laws against insulting or offensive language have been abused before.  If the coppers could not think of anything else to charge a protester with, they used to produce a ‘sheet of language.’  They don’t do that now, and abolishing a law may be an extreme way to deal with the abuse of it.

So, the Australian states have various laws about insulting or offensive behaviour in public.  Well, then, what if an insult or offence is directed at someone because of their race?  In addition to our general state laws, there is a federal law for insults based on race.  That law says that you must not publicly insult or humiliate people because of their race (Racial Discrimination act, 1975, s. 18C).  Unlike the state act, the federal act does not create a criminal offence.  You can go to jail for insulting behaviour without more under the state law, but if you insult a person on the ground of their race, you cannot be imprisoned or even charged with a breach of the law under the federal act.  The remedy for a breach of this law is a complaint to a government agency.

We are then left with an intellectual curio.  People do not complain about a law that makes publishing insulting words a crime, but they do campaign against a law that doesn’t make such an act a crime, and is confined to cases where the insult is made on the grounds of race.  That qualification if anything would make the insult more wounding, provocative, and dangerous.  What is the explanation of this puzzle?

You cannot help wondering whether an obsession with ideology distorts people’s views so that they lose contact not just with how ordinary people think, but with reality.

Just think of the laws covered by the following exercises involving speech.

I steal your Ph D thesis and claim it as my own.

A man telephones the mother of a child to tell her, falsely, that he has just seen the child run over on the way to school and killed.  He does so purely to hurt the mother.  She miscarries and loses her next child.

A man at a huge religious rally in the Punjab seeks to cause panic by shouting that religious opponents are attacking from another quarter.  He does so merely to test his power and to observe the chaos and death.  Hundreds, foreseeably, die.

A young man tells his best mate in strict confidence that he is gay but that he does not propose to come out in the near future.  His mate immediately goes online to tell the world.  He says that he is doing so to save his mate from cowardice and hypocrisy, and because he believes in freedom of speech.

Someone offers you a fortune to bomb the P M.

A man approaches a husband and wife in the street and abuses the wife and says she is an Asian slut.

A woman approaches the same husband and wife and says that the husband has been having an affair with her for years but she is going to terminate it because he is lousy in bed and has issues with personal hygiene, false teeth, and prostheses.

A man walks around a muslem wedding ceremony with a sign saying that the ceremony is as fake as the faith of its participants.

A man having a dispute with a highly strung Sikh neighbour calls him over to the fence to tell him in front of his family that his culture is intellectually, morally, and spiritually bankrupt.  He does so with the purpose of causing the Sikh to retaliate and so lose face in the neighbourhood, and enable him to go to law against his adversary.

A politician deliberately fans racial division to get elected.  At one rally, he says that the coloured people are the missing link with the apes.  He succeeds, but the banlieues are in flames

A blackfella goes into a bar in Alice Springs and quietly and methodically and soberly begins to insult both white and coloured people at the bar by reference to their race.

In each case, the person making the statement is intending to cause harm to another person.  Is there any moral or political difference in those cases of insult where the insult is based on race?  Has the phrase ‘freedom of speech’ any application in any example?  Should the law be silent for any of these cases?

The French Declaration of Rights of 1789 said in article 4: ‘Liberty consists of the power to do whatever is not injurious to others.’  Some principle like that must underlie any legal system of a nation that says that its citizens are free.  My freedom of speech does not give me a licence to hurt others.  It does not override my liability for using speech to break a contract, commit a crime, make a nuisance, breach the peace, or defame someone else – or for any other form of speech that the law makes unlawful or illegal.

We can argue about the extent to which any crime or civil wrong may impinge on our right to freedom of speech, but singing a hymn to that ‘freedom’, or proclaiming yourself a warrior in its defence, does not advance the argument.  The warrior is left to declaim loudly to the birds – if you seek to settle the differences that arise from conflicts between people by reference to some grand ideological prescription, the most polite word for your world view is bullshit.

If I got booked for speeding between Wodonga and Albury, and I complained that this ticket infringed my right to the absolute freedom of trade and intercourse conferred by s. 92 of the Constitution, I would be making much more sense than if I said that proceedings against me for insulting or offensive words in public infringe my right to freedom of speech.  They would both be bullshit, but there are, after all, degrees of bullshit.

So, when recently someone put out a banner up at the footy that was offensive to people of one faith, there was a general and quick display of anger and a popular wish that the law be enforced to remove the offensive banner.  And the ideologues sensibly said nothing.

Poet of the month: A D Hope

The Sleeper

Our birth is but a sleeping and a forgetting

When the night comes, I get

Into my coffin; set

The soul’s brutal alarm;

Pull the green coverlet

Over my face; lie warm,

Deaf to the black storm.

 

Ah, but the truce is vain;

Then Chaos comes again;

The Mind’s insatiate eye

Opens on its insane

Landscape of misery,

And will not let me die.

 

A gunshot tears the brain –

That one quick crash of pain

Pays for a lasting sleep.

Be finished with it then!

What argument can keep

You from that step?

 

The argument of fear,

A whisper that I hear

A voice that haunts my bed:

‘The only sleep is here;

Suffer your nightmare; dread

The daylight of the dead.’