Tagged: freedom of association

Law 13: Is the Church of Denmark a religious organization?

Please interpret this.

1/ “As of 1 January 2020, 74.3% of the population of Denmark are members [of the Church of Denmark], though membership is voluntary.” (Wikipedia: Church of Denmark, May 26, 2021)

2/ “Percentage of population who are nonreligious. Denmark: 61%.” (Wikipedia: Irreligion, May 26, 2021)

Is it safe to say that the Church of Denmark is not a religious organization?

ii

According to the above figures, 39% of Danes have faith while 74.3% of them are voluntary members in the Church of Denmark (Folkekirken). Given that among the 25.7% who are not members of the Church, there are religious persons too (earnest Catholics, Calvinists, Muslims…), the percentage of religious Danes who belong to the Church of Denmark is obviously below half the number of Church of Denmark members (below 37.15% of population), that is, more than half of Folkekirken members do not have faith and probably never had.

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New open letter asks Trudeau to stop plans to harm the internet.

This is the person who claimed that derogatory speech is the same as shouting fire in a crowded theater, the classic SCOTUS (Supreme Court of the United States) example of what derogatory speech is not and can never be. How dare Canadians allow their politicians to talk such humbug when they have had the world’s beacon of liberty as their sole neighbor for more than 250 years? Are they all eyes for Greenland? Yes, it must be that: for the last 250 years Canada has had eyes for Greenland only and now derogatory speech is like shouting fire in a crowded theater in Canada.

ii

Canada Justice Minister pushes for censorship bill and limited freedoms. David Lametti said freedoms are not “absolute.”

250 years with the world’s beacon of liberty for sole neighbor and Canadian politicians know no better than telling Canadians freedoms are not absolute – in order to pass censorship bills. How is it possible? How can American First Amendment law exist and spread not like fire over the world? – Because of politicians.

Since the US failed to export its unique free speech spirit abroad, now the country is at risk of losing it at home. The US failed to export it because it has not been a politician’s job to begin with: American free speech law is entirely judge-made.

It takes independent judges tenured for life to defend free speech, to prevent elected, corrupt policitians from making it an empty shell.

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“French trial opens over anti-Asian Covid tweets.” (RFI in English, March 25, 2021)

“Protesters gathered in front of the Paris court, with one man carrying a placard which read ‘In Atlanta or in Paris, no to anti-Asian racism,’ in reference to last week’s mass shooting in the US that killed six Asian women.”

“‘My mother has been attacked, my aunt too. Because we are Asian, people think that we have money,’ Darith, a 30-year-old of Chinese-Cambodian descent, told French news agency AFP at the protest in Paris.”

Note the rhetoric. “Protesters” gather against defendants who are facing prison. It’s a lynch mob. (That the defendants are “most likely facing damages if convicted rather than prison” is only due to the fact that none of them has a criminal record, otherwise the likelihood would be quite the reverse.)

The journalist then quotes one protester, an Asian woman, who talks of relatives having been physically attacked. Why is this woman not protesting in front of the court that judges the attackers instead of protesting in front of a court that judges people for speech? Because there is no trial? Most likely because there is no trial and there will never be a trial. It is easy to prosecute people for speech, child’s play, but it makes no difference on people’s safety and only allows governments to conceal facts.

The rhetoric consists in slipping in the assumption that prosecuting speech is an efficient way to guarantee people’s safety.

I wish the US exported more of its free speech spirit and less of its mass culture. In fact, as they have not exported the former at all, the risk is now quite serious that they lose this unique spirit.

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L’argument des défenseurs du violeur présumé Roman Polanski, que la victime ou l’une des victimes a retiré sa plainte, est, contrairement à ce qu’ils semblent penser, accablant pour lui : le procureur américain insiste parce qu’il a la preuve de la culpabilité du violeur présumé. Et ces défenseurs ont encore à apprendre qu’une action pénale ne se résout pas par un accord entre parties mais par une condamnation réparatrice du corps social lésé ou par un innocentement en bonne et due forme, un acquittement.

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I shut down my Twitter account in protest against their censorship policy. I then opened a … account and found some are posting the “news” I already read from “white nationalists” twenty years ago: the same black on white crimes. Have they done nothing except posting these couple of crime stories again and again these last twenty years? I can see no future for such people.

My other feeling about … is that half posters are cops in their free time and the other half are cops on duty.

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White Plakkers in South Africa: A Libertarian Issue

We all have heard of the phenomenon of white slum dwellers (aka squatters or, in Afrikaans, ‘plakkers’) since the end of apartheid in South Africa.

These new white poors are obviously from two categories of people: 1/ private sector employees who were dismissed because of affirmative action policies and 2/ public sector employees, dismissed for the same reason.

Considering (a) the apartheid economy as bureaucratic and (b) any government’s room for affirmative action to be larger in the public sector, a majority of current white plakkers must be the result of dismissals from the public sector, as the new South African economy remains bureaucratic but with new colored staff. It’s not farmers who became plakkers (they have trouble of their own with targeted killings meant as intimidation to have them leave the land and make room for land reform) nor entrepreneurs nor highly qualified employees (for a time shielded by their qualifications). Low-qualification jobs in the public sector that were the preserve of white (and preferentially, in the context of Afrikaner nationalism, Afrikaans-speaking) South Africans shifted to blacks.

Expelled from protected niches where their productivity was not, in fact, an issue, these white functionaries had no qualification whatsoever to market. They were like those people in European countries doing menial jobs in administrations like bringing sparkling water to the director or taking the coat of the minister on his arrival, and in poorer countries opening doors or saluting militarily anybody walking down the corridors. They were trapped while thinking they had made it in life.

Even if their position made sense, like cops, when the figures are in excess because of the bureaucratic, subsidized nature of the sector, they cannot all convert to the private security sector, and yesterday’s cop is today’s squatter.

From this I expect racism to be highest, in every country, among low-qualification protected jobs, not because of a lack of education (in fact culture is likely to make one’s racism more articulate if anything) but because of the at the same time coveted and exposed nature of said positions, at the government’s discretion. Governments are pressed to make societies that are more diverse also more equal, which basically requires that more jobs at the government’s hand be reserved for minorities. This is the statistics you need to know in order to assess government’s racism: Are the people working for government as diverse as the society? A government can tell you anything about how to fight racism and how it fights it (with hate speech laws etc), as long as it keeps its jobs disproportionately white, it is racist, make no mistake about it.

(The reader understands I do not know the particulars about plakkers’ past – and perhaps such a survey has not even been carried out – but I laid down my assumptions and I believe they are plausible, perhaps with some tilting towards the public sector. Another phenomenon to take into account is the massive white qualified workers’ flight from South Africa at the end of apartheid, called chicken run by some, which no doubt caused a slump.)

Kinders van die plakkerskamp. Flaxen blond, shoeless, hygieneless kids of South African white slum. Picture: safprsa.org (South Africa Family Relief Project)

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I want to make a confession: I burnt books… Well, as I don’t have a fireplace I dropped them in the trash can anyway. I needed to make room.

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If the government has the right to want to discourage drugs consumption, then it has the right to want to discourage homosexual conduct, and the discourse vindicating equal rights for homosexuals is an attempt to silence those who hold the view that homosexuality is a choice except for a miniscule minority and that equal rights would therefore cause a risk of homosexualization of the society (like pagan societies of old) – same as the prohibition of drugs which intends to prevent a generalization of drugs consumption, whether this generalization would take place or not. Remember that pornography was first legalized in Denmark in 1969, with the Danish national church (Church of Denmark) approving on the ground that pornography owed its attraction to the prohibition – yet people have not turned their back on pornography in spite of its legalization, quite the contrary.

When the discourse of equal rights is adopted by the government, then it is a state-sponsored ideology acting with the aim of prevailing against other ideologies, a breach of state neutrality.

The previous paragraph is a reply to the claim that granting equal rights would put an end to a current breach of state neutrality (in the US). It would not, as it would be a breach of neutrality. (This is not to say the state must remain neutral on the issue, as my thought is that it cannot.)

When the government adopts the equal rights discourse it is buying one ideology, namely that people engaging in homosexual conduct are not free agents making a choice, as if homosexuality, therefore, were like one’s race. Thus the government dismisses and actually opposes another ideology according to which those engaging in homosexual conduct thereby make a choice and it is at best a small part of them, resulting from genetic drift, who simply cannot have intercourse with a person of the other sex as a result of their genetic makeup. As we find such conclusions in medical books I guess it could be possible for medical authorities to issue permits for these, let’s call them genetic-drift homosexuals, so that they would not be discriminated against. But as far as the others are concerned, who are in reality bisexuals, the government deals not with something like race but with a practice which it has the right to want to discourage.

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Second Amendment: A ‘Collective Right’?

The Second Amendment reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

In District of Columbia v. Heller (2008) (which was followed by McDonald v. City of Chicago, 2010, about state and local governments), the Supreme Court ruled that the Amendment protects an individual right against federal encroachments.

Some people had argued that the right was only a “collective right within the context of a militia.” To no one’s surprise the same people call Heller a “very controversial decision.” In fact there is no possibility that the Amendment be interpreted as they do, even though their opinion would be held by all liberal scholars in the US. There is nothing controversial with Heller and on the contrary these people’s contrived interpretation of the Amendment is outrageous.

What is a militia? A militia is a group of armed persons who get together in order to perform duties that need guns. First you have armed individuals, then, when they get together, a militia. You cannot place the Second Amendment’s right to bear arms inside a militia instead of individuals, that is, in a militia that would not exist before individuals associate and which then would provide them with guns, because then it would not be the militia that provides the guns but the government, which has nothing to do here according to the notion of a militia.

Of two things it would be either one or the other: either the militia would be a mere paper formality for individuals to buy guns (namely, they would have to attest militia membership and as freedom of association is guaranteed it would be a mere formality without substance) or you intend the membership condition to restrict access to guns and that is not possible if you do not curtail freedom of association at the same time, namely if you do not insist on the government controling militia duties, and then not only you make the right to bear arms dependent on the government but also you suppress militias qua militias (said groups would be something like the standing army or its reserve), but they are “necessary to a free state.”

Opponents to an individual right are opponents to the Amendment plain and simple.

Besides, if the right to bear arms were collective (“collective right within the context of a militia”) instead of individual, the individuals who would form a militia would be unfamiliar with the use of guns and their association would be a very ineffectual militia. Likewise, a new member joining a militia would be an ineffectual member. In fact it is hard to imagine how people with no individual right to bear arms would ever think of forming or joining militias; a collective vs individual right would be nothing but an obstacle to forming militias, which, again, are “necessary to a free state.”

Arguably this is what is meant by the words “well regulated” of the Amendment: a well regulated militia needs members who know how to use guns, otherwise it is not a militia, it’s a shooting club.

(The reader understands I am not talking about militia in the sense of the military reserve but about citizen militias, which result both from freedom of association and one’s responsibility to defend oneself. It is even more sinister when one thinks the advocates of a Second Amendment “collective right,” who made up this contrivance in order to void the Amendment as they know they cannot repeal it, fancied the right could be limited to a military reserve.)

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Kantian Philosophy

Kant: A Very Short Introduction (2001) by Roger Scruton is a deluge of scepticism. It saddens me that they had a sceptic write a very short introduction on Kant, as if they could not find someone more receptive to Kantian thought to share it with the public.

i

There is no “crucial ambiguity” (p. 55) in Kant’s philosophy about the thing-in-itself. That the thing-in-itself cannot “cause, or stand in any other relation to, an appearance” (56) is true and yet the thing-in-itself is the same thing as the apperances, the trial they make (Scruton following) is absurd. Appearances can have no causal or other relation to the thing-in-itself because these categories are only applicable to our experience (appearances), this is precisely what Scruton explained in the previous chapter. So a lack of category relation is a necessary conclusion.

Kant simply says our experience is what our intellect makes of the thing-in-itself. No ambiguity.

ii

Kant’s philosophy is not dependent on Newton’s works, as if one could discard it because “we know” Newton has been surpassed by later physicists. In fact, Kant explained why physics like all empirical science will always advance while metaphysics can achieve its goal. Philosophers who keep dogging the advances of physics to get the fundamentals of their thinking from it are not philosophers, and my Apologie de l’épistémologie kantienne (PDF available in this blog’s table of contents) is the denunciation of philosophical scientism (which makes philosophy ancillary to empirical results), exploding the so-called philosophies that have been built on such theories as relativity and quantum mechanics, their inconsistent juggling, their “revolutionary” bombast.

iii

“It is fair to say that the transcendental deduction has never been considered to provide a satisfactory argument.” (46)

I don’t know if it is fair, although I rather understand Kant’s epistemology has got the universal credit it deserves, but I for sure find it satisfactory and the proof being in the pudding it remains, I find, an extraordinarily convenient tool for demolishing everything that has since been trying its feeble teeth at the calf of the giant (as Schopenhauer would say).

iv

Scruton is a case of Jekyll and Hyde: on practical reason he shows much more patience and understanding. I guess it is because he had no clue about what to think of the transcendental deduction and had to rely on more “proficient” than himself. But as he writes that in the final analysis Kantian practical reason is “common-sense morality,” is it because it is trite that he is patient and comfortable with it?

And the comical touch at the end of the chapter: “Even in our most private and intimate encounters, reason covertly abstracts from the immediate circumstances and reminds us of the moral law.” (94) Reason in the most private and intimate moments abstracts…

First, this clandestine homage to Mrs Scruton or whomever it might be, is comical. Second, it reminds one, by contrast, of Kierkegaard’s words. It is in a moment of anguish, because man is furthest away from his mind, that man is conceived. Then birth is another moment of unfathomable anguish for the woman and thus a new babe is thrown into this vale of tears.

Kierkegaard adds that only by primitive people is anguish absent at birth. The babe slips out and it’s done. The baby doesn’t even cry (and elsewhere on this blog I have commented Kant’s remark that the babe of man is the only born crying!) I saw it in a documentary film, Africa ama (1971) by Angelo and Alfredo Castiglioni: only after the mother blows in the babe’s nose, evacuating mucus or something, does the baby start crying.

Lessons in Law 11: The Clueless Panopticon

Crack Hills Have Eyes: The Clueless Panopticon

“More American police officers died during prohibition of alcohol than any other time in history. 300 died in 1930 alone. After prohibition ended, police deaths didn’t reach 200 a year again until the year Nixon declared war on drugs.”

As this person mentions interesting data on Prohibition, I have these also:

“By 1930, more than a third of the inmates in the nation’s federal prison system were persons convicted of violating the Volstead Act [Eighteenth Amendment’s implementing federal legislation]. That statistic demonstrates that a major effect of prohibition was the growth of federal prisons. As late as the 1890s, the federal government had no prisons at all ; the small number of persons jailed for committing federal crimes were held in state prisons.” (G. Edward White, American Legal History, 2014)

Nevertheless I regard Prohibition as a “noble experiment” (Herbert Hoover) and was even in touch with the Prohibition Party, which still exists. Please consider sending membership application:

https://www.prohibitionparty.org/

As to the war on drugs, allow me to quote a previous lesson (Lesson 9):

“There’s been a crack pandemic in Paris, France, these last years, with an area now known as Crack Hill (la colline du crack) in the North-Eastern parts of the city. Neighbors talking of “hell,” “nightmare” and other such words has become commonplace. Authorities are pouring millions of taxpayer money in a so-called crack plan doing nothing but distributing under police surveillance new crack pipes every Thursday to the 1.500 crackheads (they know the numbers!) roaming on Crack Hill, and paying for 400 hotel rooms for crackheads. Thus the bureaucracy’s sole policy is to prevent the crackheads’ habit from turning them into blood felons, with the result that they will remain an endless source of unpunished misdemeanors, an everlasting nightmare for the neighborhood. – This in a country where the numbers of police officers per inhabitant are extremely high.”

That’s the “war on drugs” they’ve got there: distributing crack pipes like the Salvation Army bowls of soup and lodging crackheads in hotel rooms at taxpayer’s expense, while the very same taxpayers are living a daily hell.

Not only do they live a hell but also the governement is ruining them. You might say –maybe with French authorities– that people are free to take their things and leave if they don’t like the neighborhood, but wait a minute: If they own their house, they won’t be able to sell it at a fair price, they won’t get the price they would if the government had enforced the law instead of letting a Crack Hill sprout.

But the icing on the cake… as I said, they know everything, they know the numbers (1.500), they know how many rooms and how many pipes are needed, they know the names, I guess, and the records of everyone and who dates whom. They know everything and won’t do a thing. – Crack Hills Have Eyes: The Powerless Panopticon!

Now, when last weekend (first weekend of May 2021) and the next days neighbors were reported shooting firework mortars at crackheads, my, I can’t say I am surprised.

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A Culture of Fear and Censorship

A Christian Finnish politician has been charged with multiple hate crimes, after she tweeted a Bible verse and criticised homosexuality, and could face up to 6 years in prison as a result. (National File)

“Paul Coleman, the Executive Director of ADF International, who is representing Päivi Räsänen: The Finnish Prosecutor General’s decision to bring these charges against Dr. Räsänen creates a culture of fear and censorship. It is sobering that such cases are becoming all too common throughout Europe. If committed civil servants like Päivi Räsänen are criminally charged for voicing their deeply held beliefs, it creates a chilling effect for everyone’s right to speak freely.”

When the laws are such, no one can be surprised that prosecuting authorities make use of them. What creates “a culture of fear and censorship” in Finland is not the charges but the very laws that trigger them. And make no mistake, grassroots movements for repealing hate speech laws do not exist in European countries where such laws exist.

First, you won’t hear a lawyer ask for a change in the law where judicial review is as good as non-existent, which I believe is the case in most European countries. As a matter of fact it is the case in France, where the judicial review of laws is the domain of a byzantine council where former members of the legislative and executive powers seat, that is, whose members are asked to review laws they passed in their former functions! Absent serious judicial review, no trial can be the occasion to revise legislation.

And there is and has been no support for repealing hate speech and other speech suppression laws among the public opinions of these countries, nor in the media nor from any group of which I know, probably because, among other things, people know they would go against a state-terror state that does not hesitate to deprive people of their freedom because of their speech. That is, where a state has hate speech and other such laws, asking to repeal these laws is a remarkably exigent demand on such a state, a demand for which one could easily be labeled an enemy of the state.

God Bless America.

ii

The defence chosen by Räsänen’s lawyer is doomed. On the one hand he refuses to criticize the Finnish law, probably for the following reason: To criticize the law would be an argument for judicial review of the law, which is not available to the defendant (this is a mere conjecture, but if judicial review is available, clearly the lawyer ought to make use of it). On the other hand he criticizes the step taken by prosecuting authorities –that is, the charges– as contrary to a ‘cornerstone of democracy,’ freedom of speech, but as the charges are based on Finnish law the argument aims at the wrong target: Judges (it should be juries if you ask me but as I said we are dealing with a type of state devoid of refined conceptions of individual rights) will determine that the charges are conform to the law and condemn Räsänen. It is the law that is supposed to defend freedom of speech, so when the law requires to condemn someone for her speech, the judge, if not summoned to judicially review the law, will descry it as both defending speech and nonetheless instructing him or her to condemn someone for their speech because there are ‘necessary exceptions etc.’ Judges in their quality of ordinary judges are no judge of the law: They will examine the charges but they cannot, as ordinary judges, decide that the charges violate a fundamental guarantee when observing at the same time that the law commands the charges.

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Political Cartel Persecution

In the parliamentary debates on the French bill against Muslim separatism the representative responsible for the bill (rapporteur général) said at some point that proselytism is forbidden, which is simply not true. Think of it, to claim religious freedom exists and at the same time declare that proselytism is forbidden! To be sure in recent years French authorities took measures to restrain proselytism in the surroundings of schools  –I have no idea how such measures can even be applied, so stupid it looks: does it mean that people are forbidden to talk about religion in the surroundings of schools?– but of course proselytism is a fundamentam right. As if one had no right to proclaim their faith!

Then they say speech laws in France distinguish between criticizing a religion, which would be allowed, and derogatory speech against people because of their religion, which is hate speech. Such a distinction is meaningless; one would say, for instance, “Bahaism is a moronic religion” and that would be fine, but if they said “Bahaism is a religion of morons” that would be hate speech. On the one hand that means you can skirt the law by mere phrasing, by immaterial speech warps with no effect on the content. On the other hand, and this is the truth of this distinction, it means the whole thing is at the discretion of prosecuting authorities (and in France prosecutors are both at the orders of the government and from the same body as allegedly independent judges). There is no rule of law anymore, it’s government arbitrariness throughout.

Then, once they have told you that censorship does not exist in France, that only the judge can rule that such and such speech is illicit, they pass legislative bills allowing the government to shut down associations, close mosques, seize material etc based on alleged hate speech without prior intervention of a judge!

Recently, the head of a Muslim charity was under accusations linked with terrorism. For two years he was subjected to police surveillance restricting his freedom because of the judicial proceedings against him. At the end of two years the judge cleared him of all charges: He never had any connection with terrorism, the judge said. In response the administration shut down his organization and the government is now gloating over it. How do you call that, if not a police state?

ii

Likely you won’t even find the word Islam or Muslim in the bill, it’s a catch-all text. The government says it’s against Muslim separatism, not Corsican separatism (an example given by a cabinet member), but a future government may use it against all separatists they want or all people they want to call separatists, and conversely instruct the administration and prosecutors to apply the law in no circumstance whatsoever to such and such other groups.

(When people who are the majority in the assembly of Corsica call themselves Corsican Nationalists, of course they are separatists because the ‘Nation’ is France, not Corsica. So the law can be aimed at them, no matter what the government says.)

But the truth of such catch-all bills is that they must be implemented discriminatorily. Short of being a catch-all text, the bill would be declared unconstitutional as a result of its discriminatory nature, so the intended discrimination is left to its application by the executive.

iii

With the bill the government claims that restrictions on freedom of association are necessary to prevent foreign interference (Turkey was blamed several times in the public debate). When Iran and Venezuela did the same with the same arguments, this was described as dictatorial moves. I guess the same people will express no objection here, as the associations targeted are not the same and they pay lip service to principles, having only their narrow interests in mind.

iv

Reading a U.S. conservative commentator describing the evils of Venezuela, I would like to call his attention on America’s French NATO ally.

This commentator tells how Venezuelan authorities stopped the airing of a TV soap about two sisters, Colombia and Venezuela, the latter, the bad one, having a dog called Little Hugo. Such a soap is not even imaginable in France, where recently private citizens have been held in police custody for mere jokes on the street (a placard reading Macronavirus) and others prosecuted for having beheaded an effigy of the president. After six months of police and judicial surveillance and a trial, these latter were not convicted. Still their ordeal was serious enough. And all this while a few months ago Kathy Griffin’s symbolic Trump beheading had been viral…

Satirical entertainment programs targeting the French president do not exist. In France the specific incrimination of insult to the head of state, actionable by prosecutors with no complaint filed and for which the principle “truth is no defense” obtained, was abolished in 2013 only.

The specific crime was abolished… so such speech is now regulated by the more general criminal law of insult to public officials, and in France insulting a public official is a more serious crime than insulting one’s neighbor.

Here there is no Western World but a New World and an Old World. (As long as antiterror laws in the U.S. do not blur the line – but still, as the same phenomenon leads legislators in Europe to push for even more repressive legislation, as both the old and the new world go on the same path of repression a span will remain somehow.)

The “enlightened West” is a myth here. There is only one “enlightened” country as far as I can see and it is the United States of America, all others being sh*thole countries (to speak like a former Potus). Hence my motto: Hate speech is a crime in sh*thole countries. (That is, all countries but the U.S.)

v
Contemporary Western lèse-majesté laws

Let’s make a short trip through these countries, via Wikipedia pages on lèse-majesté (interesting that the English word for this is a French word precisely).

Constitutional Monarchies

In Belgium derogatory comments on the King or the royal family are punished with three years imprisonment.

In Denmark (where there exists a legal Nazi Party) penalties for libel are twice when targets are the monarch or a member of the royal family (eight months imprisonment).

In Spain, two years.

In the Netherlands, “In April 2018, the maximum punishment for lèse-majesté was reduced to four months, making it similar to that for insulting police officers and emergency workers.” (Before that date it was 5 years.)

The British monarchy seems to be more enlightened but this is according to Wikipedia and I keep some doubts about it.

Republics

In France, the specific incrimination as to the head of state (the president, endorsed with significant executive powers) was punished with 1 year imprisonment until 2000, when the law was changed and only a fine remained, before the law was eventually repealed in 2013 as I said in iv. The irony is that now the president is treated like other public officials and the penalty can be 6 months imprisonment, so between 2000 and 2013 the president was less “protected” than he is today… and the 2013 repeal was not even a progress in the sense of more freedom of speech!

In Italy, “impinging on the honour or prestige of the president is punishable with one to five years in jail.” But the Italian president has more symbolic than executive power, so the incrimination is not as political a tool as it is in France, where the president is the person who actually governs (in most situations).

In Germany, “insulting the federal president is still illegal, but prosecution requires the authorisation of the president.” Same remark as for Italy: the German head of state has only symbolic powers.

These lèse-majesté laws are not the relevant issue in fact, one should look at libel law and how it protects public officials (like presidents when they are an executive power, as in France, U.S., and Iraq under Saddam Hussein) compared to other persons. Because then these officials who are heads of state are political actors, so political criticism can be prosecuted as libel and political freedoms gagged.

Regarding other countries, in Morocco, it’s 1-5 years imprisonment; in Brunei, up to 3 years. No major difference with the above, as you can see. – In comparison, in Thailand it’s 3 to 15 years imprisonment (and in Cambodia since 2018, 1 to 5 years). In all these countries the monarch is a real executive power (no matter what the Constitution says in the last two).

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Immigration and Consociationalism

Jus naturaliter speaking, legal migrants are under no compulsion to relinquish their worldviews: the moral contract with the host society is that they would be free in these societies just as the natives, and if the condition was that they had to denounce their views and living style, then they would eo ipso be second-rate citizens deprived of some fundamental freedoms.

Then, the truth about illegal immigrants is that they are wanted by the capitalists. In ancient democracies everybody was free and equal, “everybody,” that is, a handful of citizens surrounded by masses of slaves and helots. Same in the U.S. in Tocqueville’s time, all equal and free, but of course not the Negroes and not… the paupers (who had no voting and such rights, who knows how many people that made?) And it is the same today, we are all equal and free, but of course that doesn’t include the “illegal immigrants” who have been toiling in our sweating system for decades and without whom the system would crash overnight.

ii

In this context, the Ottoman model is not a far-fetched idea. In modern political theory what’s known as consociationalism, or consociational democracy, may not be much remote from the functioning of the Ottoman polity or of any multiethnic empire of the past like the Austro-Hungarian empire also. What other alternative can there be, as Western societies have made the choice to accommodate masses of immigrants from other cultures, except complete suppression of cultures, a totalitarian mould raising the required conformity to levels so far unknown, even for the native populations?

Has this choice been forced on Western populations by so-called globalist elites? But then it means middle classes really had no grip on their polities, so what exactly are they defending? their own alienation?

An alternative to consociationalism may be the American constitutional theory as exposed by Supreme Court judges. Quoth:

“We are not an assimilative, homogeneous society, but a facilitative, pluralistic one, in which we must be willing to abide someone else’s unfamiliar or even repellant practice because the same tolerant impulse protects our own idiosyncracies. … In a community such as ours, ‘liberty’ must include the freedom not to conform. ” (Justice Brennan, on Michael H. v. Gerald D. [1989])

That may make America look sound very liberal but I still perceive it as more conservative than continental Europe (it is no accident, by the way, that of all European countries the U.K. left the European Union), where we’ve got authoritarian liberalism whereas in the States it remains PC liberalism (enforced by political correctness, not police and tribunals).

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Home Affairs Colonial Policy

The main French social-democratic student union (UNEF) is under fire, some politicians calling for no less than its disbandment. In cause two things.

1/ A local branch of the union dared denounce on their website two professors, quoting their words as “Islamophobic.”

I can’t find the words in question with a quick search, the media seem more interested in telling the public that the national board of the union apologized for what the local branch did. The media will simply not buy that the professors might have made Islamophobic, that is hate speech.

To be precise, the blame has to do with the fact that the union posted words and photographs of the two professors. Such a blame is quite harmful because with a recent bill French authorities created a new crime, that of publishing personal data with malicious intent. The context being the beheading of a teacher by a Muslim boy after data of the victim were published on the Web. So now the union, which has always been a leading student union in the country, is basically accused –on a subliminal level– of being calling for physical assassinations.

The character assassination they intended is perhaps objectionable enough in itself, but then it certainly is not the first time, in fact character assassination is the daily bread of political life, and it is also telling that the razzmatazz takes place when the accusation is that of Islamophobia. The crime, actually, for the powers that be, is to raise that cry: Islamophobia!

Please note that this comes a couple of weeks after the government ordered a report on “islamogauchisme” (“islamo-leftism”) in academia.

2/ Moreover, the union dared organize meetings without male and white people present, in order for colored women to talk freely about racism and sexism as they see and/or live it.

The establishment calls this “racism.” Thus we see how antidiscrimination laws or the antidiscrimination animus is used: in today’s France it means that colored people are not allowed to do anything without whites being present. You would think yourself in the colonies of old.