Archive for Politics

Conscription, Coercion & The Rule of Law

This is a long overdue reply to the characterisation of compulsory military conscription as “coercive” and anathema to alleged “liberal values.” I’ve perhaps not captured here the level of moral indignation expressed by Mr Andrew’s in his blog. That said I always find sifting through platitude to uncover salient argument a nauseating exercise. His diatribe can be viewed in all it’s glory here: http://insidethemindoftim.wordpress.com/2009/01/23/the-morally-repugnant-proposal-of-australian-conscription/

Hayek & Conscription:

I’ve made our friend aware of the position of perhaps the most celebrated of classical-liberal of last century. Hayek considered neither taxation nor compulsory military service as examples of “coercion.”

” …are not supposed to be avoidable, they are at least predictable and are enforced irrespective of how the individual would otherwise employ his energies: this deprives them largely of the evil nature of coercion.” The Constitution of Liberty; p153.

Mr Andrews suggests that a law is coercive if it fails the test of voluntariness. My question is: How is that consonant with The Rule of Law? It’s not!

As I see it there are three possible responses to this logical entailment:

(i) The concept of coercion relied upon here is no good. We need to develop a notion of coercion that is consistent with The Rule of Law; or

(ii) We accept that coercion is not always so bad. Thus, we accept that in some circumstances coercion is justified or legitimised by The Rule of Law; or

(iii) We hold freedom from coercion to the trump The Rule of Law, and thus to slide towards anarchism.

If Mr Andrews believes (ii) he must say why conscription is not legitimate ends for coercive state power. I ask him why taxation is permissible, but we should deprive the state of a right to conscript able-bodied men? I ask why it’s so repugnant to expect the citizenry who are protected by the state from external threat to owe a concominant duty to the state.

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Great Article: Defusing the American Right by Don Arthur

I meant to blog about this fabulous article by Don Arthur earlier (viewable here: http://www.cis.org.au/Policy/Summer08-09/arthur_summer08.html). It appeared in the Summer edition 2009 of Policy Magazine.

The article is primarily about the growing rift between conservatives and “libertarians” within the GOP. He discusses the view proposed by various libertarian thinkers and activists to realign themselves with the political left and the Democratic Party. The article mostly concerns the rift between social conservatives and libertarians – though he does later refer to “neo-conservatives” who are not necessarily social conservative. I was particularly captured by his depiction of the “conservative mind.” He refers to Haidt’s theory that people’s moral intuitions may be characterised as fitting into two groups: (i) J.S. Mill social contract theory; and (ii) Durkheimian theory of society. Conservatives adhere to the Durkheimian vision which he summarises as:

(i)               Harm/ Care principle;

(ii)              Fairness/ reciprocity;

(iii)             Ingroup Loyalty;

(iv)             Authority/respect; and

(v)              Purity/sanctity.

Libertarians adhere to the Millian world view which consists of (i) & (ii) to the exclusion of (iii), (iv) & (v).

The article is thought provoking and well written. However, I think “Fusionism” is not given a fair hearing. In doing so he makes selective use of Hayek, and overlooks the considerable Burkean influences on Hayek’s political philosophy. Without a lengthy excursion through either Hayek or Burke a few points could be made:

(i)         both reject rational design and share a similar “organic” view of society (Hayek termed this view “spontaneous order.”)

(ii)         Hayekian liberalism does not deny the importance of Burkean traditional institutions.

(iii)        both reject “natural rights” in place of “prescriptive rights” or time-honoured expectations that derive from custom. (Both no doubt would reject current proposals to implement a legislative Bill of Rights, and Hayek’s criticism of the UN Declaration of Universal Human Rights can be found in Law, Legislation and Liberty.)

All of which Arthur has overlooked or cast aside in providing us with this skewed narrative - that libertarians and conservatives face an ideological impasse.

I must confess a bias in all of this – I am a ‘fusionist” of sorts.

 

 

 

 

 

 

 

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My submission to the Senate Re: Plebiscite for an Australian Republic Bill 2008

Monday, 26 January 2009

The Secretary
Finance & Public Administration Committee
Parliament House
Canberra, ACT 2600
Fpa.sen@aph.gov.au

Re: Plebiscite for an Australian Republic Bill 2008

I am an Australian citizen who has a keen interest in parliamentary and constitutional issues. I graduated with a BA (with distinction)/ LLB from University of Wollongong in 2008. I have a keen interest in politics and parliamentary process.

In response to the invitation to make a submission on this bill, I wish to put the following to the Committee:

(I) There is only one way to change the constitution. This is via a referendum pursuant to s128 of the Constitution. A plebiscite can have no legal effect.

(II) Details of the proposed republic have not been disclosed to the public.

(III) I believe a plebiscite on a republic would be undesirable for three reasons:
(a) Firstly, a plebiscite invites the people to reject the existing constitution without being given an alternative constitutional arrangement. This is tantamount to asking for a vote of no confidence in the existing constitution;

(b) If the plebiscite yields a strong vote in support of a republic this could trigger political instability;

(c) It will be a costly exercise and a waste of tax payers money for an issue that was resoundingly rejected by the Australian people in 1999. 72% of all electorates rejected the republican preferred model, and not one state approved the referendum.

(IV) In addition to the above I am concerned that any affirmative result in a plebiscite could be used to justify a dubious process by which the legislature might bring about a republic. According to some legal opinion, it is technically possible for the Commonwealth Parliament, acting at the request or with the concurrence of the Parliaments of all the States to repeal section 8 of the Statute of Westminster 1931 and thereby amend the Commonwealth of Australia Constitution Act 1900. A plebiscite must not be used to bypass the most important democratic safeguard of our constitution – that our constitution may not be altered by parliament unless proposed alteration gains the approval of the citizenry.

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United States of America…A Constitutional Autocracy?

I first encountered this Cato paper “Executive Orders and National Emergencies: How Presidents Have Come to “Run the Country” by Usurping Legislative Power” by William .J Olson in my second year of undergraduate study. It is only 22 pages long and provides an excellent legal account how the executive branch has come to exercise so much power in America – contrary to the intentions of the founding fathers. The unwillingness of the Supreme Court to strike down executive orders has created the situation where presidents can make directives which deprive the citizenry of life, liberty and property and circumvent the constitution.

What does this mean for Australian Constitutional Monarchists?

Even republican constitutions written by the best of men inspired by ideals of freedom and constraint on executive power fail miserably to prevent autocracy!!!!!!

View here:     http://www.cato.org/pubs/pas/pa358.pdf

                                                          

                                                                    Executive Summary

“During the recent presidential scandals, concluding with the impeachment of President Clinton, many people were heard to say that the investigations should end so that the president could get back to “the business of running the country.” Under a constitution dedicated to individual liberty and limited government—which divides, separates, and limits power—how did we get to a point where so many Americans think of government as embodied in the president and then liken him to a man running a business?

The answer rests in part with the growth of presidential rule through executive orders and national emergencies. Unfortunately, the Constitution defines presidential powers very generally; and nowhere does it define, much less limit, the power of a president to rule by executive order—except by reference to that general language and the larger structure and function of the Constitution. The issue is especially acute when presidents use executive orders to legislate, for then they usurp the powers of Congress or the states, raising fundamental concerns about the separation and division of powers.

The problem of presidential usurpation of legislative power has been with us from the beginning, but it has grown exponentially with the expansion of government in the 20th century. In enacting program after program, Congress has delegated more and more power to the executive branch. Thus, Congress has not only failed to check but has actually abetted the expansion of presidential power. And the courts have been all but absent in restraining presidential lawmaking.

Nevertheless, the courts have acted in two cases—in 1952 and 1996—laying down the principles of the matter; the nation’s governors have just forced President Clinton to rewrite a federalism executive order; and now there are two proposals in Congress that seek to limit presidential lawmaking. Those developments offer hope that constitutional limits—and the separation and division of powers, in particular—may eventually be restored.”

 

 

 

 

 

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The Scourge of Relativism

Truth is “to say of what is that it is, and of what is not that it is not.” –Aristotle, Nicomean Ethics.

My undergraduate years have been plagued by the pernicious influence of relativism in virtually every course I have undertaken: epistemological relativism; cultural relativism and ethical relativism. The law and arts faculties are hotbeds of post-modernism and thinly veiled socialism.

I would have no problem with relativism per se, topics such aesthetics, art or fashion even excuse subjectivism – de gustibus non est disputandum. But relativism that denies logical deduction and empirical facts is a grave evil, and it is high time that it was exposed and purged!

I am of the view that there are certain a priori truths, and where truth is not a matter of logical certainty this does not excuse subjectivism. But of course to ask for a reasoned argument that something is the case is the very thing that the relativists deny – and therein is the nonsense.

It is, surely, obvious that the claim that all truth is relative is nonsense. I cannot count how many times, in a tutorial discussion, I heard someone say, “There is no such thing as absolute truth, all truth is relative.” This is frequently followed by the qualification that some cultures think “x” and others think “not x,” and that we should conclude illogically that both “x” and “not x” are true. (We live in troubled times when popular wisdom requires that once the earth was flat!)

With respect to the first statement that “all truth is relative,” I find it abominable that no one ever points out the absurd implications of this. Firstly, if truth is relative then it follows that it is relatively true that truth is relative, and relatively relatively true that truth is relative, and so on in an infinite regression. Secondly, to say “all truth is relative” is make an absolute statement, and here we have an inherent contradiction!

It is unassailable that statements are true by deduction alone. The statement “All triangles have internal angles which add up to 180” is true deductively irrespective of personal, moral or cultural dictates.

Relative is not Subjective:

The most heinous error is to think that where facts are relative this means subjective. It seems to be a common tendency for post-modern deconstruction to equate ‘relative’ with ‘subjective.’ In a jurisprudence course I recall a journal article in the subject reader “critical legal theory” using “relative” and “subjective” interchangeably.

This is clearly ridiculous. Take for example “warm” and “cold.” These certainly are relative terms rather than absolute terms but that is not to say they are subjective. To say they are subjective is to say there is no range we can call “warm” or ‘cold” – and yet a simple experiment would reveal a consistent cluster of results.

The implications of this post-modern subjectivism for science are dangerous. Take for example a disagreement between two authorities as to the causes of global-warming. Modern empiricism would subject their theories to the principles of verification and falsification. Subjectivism would have it that no theory is better than any other it is a matter of individual valuation – we have no reason to accept sunspot theory over anthropogenic global-warming.

Where all this nonsense leads to is no laughing matter. I have spoken to undergraduates who are undertaking majors in Gender Studies and this entailed a course devoted to the feminist critique of science. After trawling the net I have found to my horror colleges in the USA where Phd’s have been awarded for feminist analysis of Quantum Physics! Courtesy, of popular science writer Richard Dawkins, I stumbled across this excerpt from a feminist academic purporting to explain why male-dominated science has failed to adequately account for turbulence:

“Whereas men have sex organs that protrude and become rigid, women have openings that leak menstrual blood and vaginal fluids….From this perspective it is no wonder science has not been able to arrive at a successful model for turbulence. The problem of turbulent flow cannot be solved because the conceptions of fluids (and women) have been formulated so as necessarily to leave unarticulated remainders.”

Post-modernism leads to the situation where this unadulterated nonsense is not just permitted but rewarded. My student experience leads me to believe that very little can be done to end this nonsense, at least not without the aid of dynamite!

Author: William. R. Church has completed a LLB/BA course in the state of New South Wales. His university experience has been bitter sweet – he laments the insidious grip of post-modernism and socialism over academe!

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