There should be a law against it.

There should be a law against it.

My social life has changed. When I was young and energetic it often involved travel, excitement and fun. I recall evenings of humour, laughter, risks and the promise of passion. Now that I am old this has largely gone. My social events are now much more stolid and staid events. They increasingly consist of groups of people bemoaning the state of the world and the behaviour of those in it. Now I enjoy a moan and groan as much as the next carnaptious codger, and am no stranger to “in my day” or “when I was a lad” rants, but I have been rather concerned by a trend to accompany all these observations of current annoyances or inadequacies with a call to legislate against them. All problems, it seems, could be solved by a piece of legislation ; puppy farming to pollution, racist language to rioting, surly service staff to sexual impropriety, all we need to do is to draft the appropriate legislation and hey presto, problem solved. Really, there just should be a law against it!

Now I find this zeal for legislation rather strange. The people calling for these laws are clearly so upset by the behaviour that they witness that it has made them blind to the obvious. They bemoan the behaviour of others that they find shameful or abhorrent and stress that, during their lives, they have never done such a thing. That, during all the great many years they have lived, they have ensured that they never fell into such antics and there needs exist a law to protect people from making such errors. But during their illustrious lives there was no law against it. They managed to behave well without the cordon of law to protect them from error. They managed to get to late life avoiding killing, assaulting, cheating or conning their friends and family.

If they did not and had indeed lived a life of irresponsible abuse and debauchery, leaving a wake of victims and damage behind them, then perhaps we could respect their calls for new laws. If it were murderers and rapists calling for tougher legislation them perhaps their experience should guide us. If criminals start to say that an inadequacy of laws is the problem we should prick up our ears. But it is not, it is well meaning and well behaved people who are living proof that one does not need law to live well who make these statements. They managed to see actions were wrong and avoided them but feel others will not be as morally capable, as they are, and need laws to guide them. No law constrained their behaviour but others need laws to hold their desires and impulses in check.

The vast majority of us live our lives trying to live well. We try and pick a way through life which benefits us and our fellows. We have a moral code within us, of which we are to greater or lesser extent aware, which guides our actions and informs us of what we believe to be right or wrong. This internal code is in play for the vast majority of mankind for the vast majority of the time we only require the law for the very small number of times that this fails. Our internal code is much more important to us and ultimately takes priority over any law in any event. We know this code and it is always available to us, so it is this that we use as our guide. We do not use a lawbook to guide us, except when we are entering very strange and uncharted territories. We can enter into nearly all situations and deal with them if we have a clear internal moral view of the world.

Rather than making more and more calls for legislation we should look at this another way. If we feel people are prone to behaving badly we must presume that they don’t share the same code as ourselves. If they have a moral code but it differs from ours we should listen and find out why. Perhaps they are right, and it is we who need to change. (When the abolitionists or pacifists broke the laws and transgressed what was the common moral code they were not in fact wrong. The majority was in the wrong as time came to show). If it is not that they have a different code, but rather that they have no, or an inadequate code, then law is still not the answer. The answer is surely to try and rectify this deficit. But here we are in very dark and treacherous waters as we are in the area of moral instruction – teaching people, especially the young, how to be good and moral people.

In a secular society we are rather afraid of ideas like this as it carries ideas of religious authority. It is perhaps why we shy away from the idea of helping children, and others, learn what is right and what is wrong. We prefer to say that “it all depends” and there “is no absolute right or wrong” and hope that everything will work out for the best for everybody. But one could argue that a secular society need to consider moral instruction even more carefully as does not have any Divine guidance to call upon. But perhaps this is precisely why there are increasing numbers of grumpy old people collecting in groups, looking at society and lamenting the changes they see and clamouring for “a law against it”. Perhaps I must blame this change for my poorer social life.

It we want a better world we need better people. If we act by making more and more of our moral code external to us (by defining it in law) our own moral faculties will atrophy and weaken through disuse. We should aim to make ourselves better as individuals so there is less need for law rather than allow our baser natures to be our guide and relying on other to keep us in check by regulation as this is the way to totalitarianism and there can be no law against that!

Is Unnecessary Suffering the price of our tolerance?

Is Unnecessary Suffering the price of our tolerance?

Religious freedom; that is, the ability to think freely on religious matters, the right to worship an the manner your religion decides, the freedom of associate with others of your faith, and the freedom to express your faith, through words or actions, is one of the hallmarks of a modern, liberal, civilised society. One of the signs that this has been reached is the tolerance that citizens show towards fellow citizens who do not share the same beliefs as them. Thus in a tolerant society people may disagree, even vehemently so, and believe others wrong in their thoughts and deeds but we tolerate these differences and live alongside each other despite them. We do not insist we all think and believe the same way and do not demand that people act, or don’t act , in the same way. We don’t insist that we all abstain from meat on a Friday, nor that we all observe the Sabbath on Saturday, nor do we insist we all face Mecca while we pray.

However, there are some limits to this tolerance. This tolerance does not allow us to commit acts which are harmful to others and we insist that everyone is equal in front of the law. Or rather, with the rare cases of religious exceptions, we insist everyone is equal in front of the law. We tend to think that these exceptions should be rare, and should be based on a clear picture that they are necessary for religious observance, and do not break the natural rights of others. For example, I am sure that no matter how liberal a state became, and no matter how protective it was of religious freedom, that any modern state could countenance an exception to permit ‘child sacrifice’.

That above example was an extreme and therefore easy choice, but what of the difficult choices ? What about when a religions try to preserve archaic practices which we no longer hold to be reasonable ? What about when a religion demands of its adherents that they mutilate the genitals of their young ? This one is difficult . In the UK we allow a religious exemption to mutilate young boys’ genitals , while we circumcise them, but ban and prosecute anyone who tries to mutilate a young girl’s genitals. We cope with a difficult problem by having obvious dual standards. This is how important religious freedom is; it is more acceptable to be incoherent and duplicitous than to infringe any more than is absolutely necessary on the rights of citizens to practice their religion.

When these practices do not involve the suffereing and rights of people, but rather relate to animals, we become even less logical. It is generally accepted that if we are to kill, to eat, large animals such as hens, sheep or cattle, then they should be stunned into insensibility before the final act of killing the animal is performed. There is a clear body of evidence that animals which are not stunned and who bleed to death suffer pain and distress during this process. (For a summary by the RSPCA and British Veterinary Society see here). Therefore it is against the law to kill an animal by bleeding unless it has been stunned beforehand. Except if there is a religious excemption such as exists for the halal or kosher slaughter of animals. In most cases, even those animals who are slaughtered under kosher or halal regulations are still stunned before slaughter but it is estimated that up to 1 in 5 animals killed under these relgulations are killed without being stunned.

I am of a liberal disposition. I do not agree with this method of killing and think those that do this are doing a great diservice to the animal and to their faith. I argue with them and hope that, given time, they will see the error of their ways and behave better – either by stunning their animals or by deciding not to eat them at all. If you can only eat the animal if it has suffered it would seem inhumane to eat it, especially as there is no necessity to eat meat at all. I will, and have, argued strongly on this topic but because I am a tolerant individual I must tolerate their right to do this. It is one of the costs of maintaining our society, I would not seek to ban them but would urge them to reconsider their practice.

Unfortunately, I fear that an aspect of this problem is not being dealt with fairly and that a lack of openness and honesty is causing unnecesary suffering for animals. Many animals in abbatoires are killed in accordance with halal practice and the numbers killed thus exceeds the number needed for sale clearly labelled as killed under these religious excemptions. It is felt wiser in the slaughterhouse to do more animals this way than needed as they can be sold as normal while an animal killed humanely can not be sold as halal or kosher.

There is obviously no harm which will befall someone should they eat halal slaughtered meat unknowingly, though an observant religious person finding they had unwittingly eaten meat not slaughtered in such a fashion may worry for their souls (Though I believe the religions themselves give dispensation for such accidents). So many animals are killed without stunning but no mention is made of this on the labelling except when it is sold explicitly as halal meat. It has been suggested that almost every kebab sold in Wales is mad from meat slaughtered to halal standard (some stunned, some not) but no mention of this will be made at the point of sale. This is the very definition of unnecessary suffering , if I eat meat killed without stunning when I have no religious need to do so, then that the suffering of that animal was unnecessary and should have been avoided.

We already place labels on our food, various pleasant red tractors, or green trees, to ressure us that our animals had a good life and were well cared for. But we seem reluctant to place a label which lets us know that the animal didn’t suffer at death. I can understand the retailers’ reluctance; they clearly know that if there was a label saying halal slaughter some buyers would avoid that product because they do not want to be party to unnecessary animal suffering. They would prefer that we remain ignorant and continue to make the purchase unhindered by any moral deliberation.  Unfortunately they thus remove a choice we may wish to make to support better animal husbandry.

I fear our legislators also wish to avoid this issue but for a darker and more sinister reason. I believe that  they fear, that should they insist on labels saying ‘humane slaughter’, or something similar, then people may ask for a debate on how far religious exceptions in law can go in our society. They fear that they may unleash public anger. They tend to believe that for every person troubled by issues of religious tolerance and animal welfare there is a bigoted, racist, islamophobic or anti-Semitic  doppelgänger who will be released, and therefore it is best just to keep quiet about all of this.

Unfortunately keeping quiet and hiding secrets never encourages anyone to change. Those to whom you lied never find themselves pleasantly surprised when they find out the secrets you kept from them. It is more likely that when people find the truth they tend to become angry and hostile. Thus, if anything, this strategy of hidding the religious exemptions from humane slaughter is, in the long term, likely to increase animosity between groups and reduce the drivers for change and increased societal harmony. A simple label “killed humanely” would reassure those of us who eat meat, it might make some of us who eat meat think about whether we should continue to do so, and would hardly be offputting to someone who felt that their alternative methods were appropriate (Though it may make them think).

Surely it is just as important to know the animal was cared for when it was killed as to know that it was treated fairly while alive ? It might even be the very least we could do.

 

 

The Sea of Faith

The Sea of Faith

While I was watching an old film on television this week I was reminded of Mathew Arnold’s wonderful poem “Dover Beach”.  This is the lyric poem that he wrote telling of his feelings of loss and sadness following the ebbing of faith in his society. He uses the metaphor of the tide to show the retreat of religious faith, which he felt was now only an echo of its former self.  With regret he wrote :-

The Sea of Faith

Was once, too, at the full, and round earth’s shore

Lay like the folds of a bright girdle furl’d.

But now I only hear

Its melancholy, long, withdrawing roar,

Retreating, to the breath

Of the night-wind, down the vast edges drear.

And naked shingles of the world.

Watching the tide retreat under moonlight he rued the passage of faith and considers his and society’s loss.

I was reminded of this poem after catchingMV5BNjU4NzQ4NzU5MV5BMl5BanBnXkFtZTgwNDM2Nzk1MDE@._V1_ the film “Lease of Life” on television. This was the penultimate film of the great Robert Donat who had returned to acting after a long sabbatical necessitated by his poor health from asthma. In this film he plays a village parson who discovers he has less than a year to live.  Donat’s ill-health is obvious when watching this film, he looks much older than his years, but this adds a poignancy to his role as a man coming to terms with his mortality. The whole cast are excellent but Adrienne Corri, whose youth and beauty are counterposed to Donat’s age and frailty, is especially so.

So why did this 1954 British film from Ealing Studios, remind me of Dover Beach ? It was the theme of the film –  death comes to us all, but before then how do we live life well ? The film takes this religious theme and explores it through a number of vignettes : a wife who has subjugated her life and wishes for her husband and daughter, a daughter who wishes to seek advancement but not at the expense of ther parents, a dying parishoner who who has a complex relationship with his wife. There is no violence, no sex, no excitement, just moral dilemmas played out on a human scale. It would probably be impossible to make this film today. Imagine the pitch to the movie moguls.

Mogul “Right give us your pitch ! What’s the payload of the film

Director ” Sure. The film has at its core a vital unifying scene that lays the whole film open”

Mogul “Great give it to me

Director ” The elderly, terminally ill parson gives a short sermon in church to a group of schoolboys reminding them that religioun is about free will and choices not about dutifully or slavishly following rules

Mogul “And ?

Director “The boys like it and we later see the paron lving in accordance with his beliefs”

Mogul “Next ! Close the door as you leave

The film reveals how issues of faith and morality were central to life. It reminds us we have to think actively about how to be a good and moral person and that it is inadequate to choose the most expedient options at every turn. With this deontologiocal message it does not sit easily in our utiltarian culture.  This film revealed just how important issues of faith, and the role of the church, were in British culture two generations ago. But this has largely gone and, like Mathew Arnold watching the tide ebb, I watched this film and thought what have we lost?

Certainly we have gained some freedoms, particularly in the realm of our sexual lives, but how valuable is it to gain this sexual freedom if we risk loosing romantic love or reducting the pleaures of love to simple mechanics of friction. What if our need for gratification robs us of the virtue of patience. There are so many changes where we cannot foresee the resultant complications and  I fear we are loosing many of the principles that perviously guided our personal and family lives. This film reminds us that these small quotidien decisions that constitute our lives are vitally important and this film does not need any pyrotechnics or CGI assistance to make its point. Like other films from Ealing Studios it looks at people humanely and reveals to us, if we wish to see it, what it is that makes humanity special.

This gentle but thought provoking film reminded me of our losses, but I fear I need to check my priviledge here. The loss of faith and the ebbing of this tide is particularly a problem for white developed-world cultures, particularly in Europe, like mine. This sadness is unlikely to be shared equally across the globe as the number of people of faith (Christians in China, Muslims in Africa and Asia) elsewhere continues to grow. There are now more people on our beleaguered planet who profess religion is important in their lives than ever before and perhaps, in this, there is hope that the tides of the sea of faith will again lap on our shores.


Dover Beach

The sea is calm to-night.
The tide is full, the moon lies fair
Upon the straits; – on the French coast the light
Gleams and is gone; the cliffs of England stand,
Glimmering and vast, out in the tranquil bay.
Come to the window, sweet is the night-air!
Only, from the long line of spray
Where the sea meets the moon-blanch’d land,
Listen! you hear the grating roar
Of pebbles which the waves draw back, and fling,
At their return, up the high strand,
Begin, and cease, and then again begin,
With tremulous cadence slow, and bring
The eternal note of sadness in.

Sophocles long ago
Heard it on the Aegean, and it brought
Into his mind the turbid ebb and flow
Of human misery; we
Find also in the sound a thought,
Hearing it by this distant northern sea.

The Sea of Faith
Was once, too, at the full, and round earth’s shore
Lay like the folds of a bright girdle furl’d.
But now I only hear
Its melancholy, long, withdrawing roar,
Retreating, to the breath
Of the night-wind, down the vast edges drear
And naked shingles of the world.

Ah, love, let us be true
To one another! for the world, which seems
To lie before us like a land of dreams,
So various, so beautiful, so new,
Hath really neither joy, nor love, nor light,
Nor certitude, nor peace, nor help for pain;
And we are here as on a darkling plain
Swept with confused alarms of struggle and flight,
Where ignorant armies clash by night.

Mathew Arnold

 

Looking at the balance sheet after Trump’s Victory

Looking at the balance sheet after Trump’s Victory

There was an excellent article on  Bleeding Heart Libertarians site discussing some attitudes to the recent election of Donald Trump. I would encourage anyone of a libertarian  bent to read this as it is both well written and important. It concerns the fact that many libertarians seem to be offering some support to Donald Trumps election, though largely on the basis that his victory was the lesser of two evils, and that on balance he may do more good than harm.

But when one looks at the ‘on balance’ argument it falls down quite quickly as the benefits he may bring are minor and the disadvantages are often very major :-

A small tax cut, or freezing the minimum wage are, in my view, an order of magnitude less morally important than authorizing torture, suggesting Muslim registries, closing the border to refugees, ignoring the Constitution and the rule of law, revving up the US war machine, trying to muzzle the media, building a wall, undoing decades of peace and prosperity-enhancing global trade, threatening to send troops to Chicago, and so forth.

Also there is an apparent moral problem with how these gains and losses are distributed which we can not avoid :-

Notice that almost everything on the “plus” side of the ledger are policies that primarily affect Americans. School choice, ending the ACA, deregulation at the FDA or Labor, and even tax cuts are policies that pretty much exclusively affect Americans. On the other side, torture, trade, immigration, refugees, and war are things that have major effects on citizens in the rest of the world. Dammit, libertarians, they count too. The liberal vision has always been a global, cosmopolitian one, and there are no grounds for saying the interests of Americans trump (as it were) those of the rest of the globe.

Part of this problem may arise from the fact that, for many libertarians, their dislike of the left is greater than the importance they apply to their liberal principles. But joy, or schadenfreude, at Clinton’s loss should not blind us to the nature of the man who won.

Too many libertarians hate the left more than they love liberty. One response I’ve heard to my pushing back on their take on Trump is that “well Obama/Clinton was/would have been worse!” No, actually he wasn’t and I don’t think she would have been. Yes, they might have expanded the regulatory state, but there would be no revival of torture, no wall, no registry, no trade war, no attempt to muzzle the media, etc.. Trump is a tin-pot dictator wannabe (and startingtobe), without an ounce of knowledge or respect for constitutional limits on government, who threatens the foundational institutions of the liberal order. Obama was not.

 

via Liberalism in the Balance – Bleeding Heart Libertarians

Burkini Madness

Burkini Madness

The left-right political axis is of little value when it come to many issues of moral principle. Pragmatism on both sides often usurps moral consistency. The issue of personal liberty, the freedom to think and speak as one wishes, has often been seen as a moral principle that defines one side or the other. But the evidence that this is correct is very poor, both sides tend to support liberty when it supports their cause and suppress it when it is inconvenient.

Historically those on the right stressed duties over rights, and the placed more importance on obedience than on  freedom of thought and word. In the past these issues (subjugation of liberty to king, nation or church) had been the greater threat to peoples’ freedom. This lead to many feeling that it was an issue which delineated the two groups – the left fighting for liberty and change the right reacting to preserve order and the status quo – the progressives trying to expand liberty against the repression of reactionary and conservative forces.

Unfortunetely, however, the principle of liberty has never been high on the left’s agenda.  Trotsky warned of this in 1924 when he said “To be sure, a revolutionary dictatorship means by its very essence strict limitations of freedom.” and Lenin likewise with his pithy statement “It is true that liberty is precious; so precious that it must be carefully rationed. ”

Indeed, in  recent years the major threats to issues of freedom and liberty appear to have come from the left-hand side of the political spectrum. Issues of “hate speech”, “hate crimes”, various types of”denial” and silencing people in held to be dprsking from positions of “provilege” have, at times, seriously threatened our ability to be free in our thoughts, words and deeds. It has been particularly distressing to those of us who come from a liberal or left background to watch the left abandon these principles and allow the right to take the moral high-ground.

But the issue of the “burkini” seems to be a return to form for the repressive right. There have been attempts to blame this illiberal ban on ‘aggressive secular forces’. They argue that this is “laïcité” flexing its muscles; putting pressure on all religious groups to protect the secular state. Or it has been argued that this is attempts by the progressive forces to protect women from oppression by the burqa; assisting them in their fight against an islamic patriarchy.

Neither of these motivations are honest or credible. It is clear from the anger in the debate, and the content of the rhetoric, that the focus is on the islamic symbol itself. Not behaviour, not gender, not modesty but symbolic islamic dress. The intention of these local laws was to cause discomfort to those who followed Islam, nothing more and nothing less.

It is understandable that there is anger after the recent terrorist attacks in France and is should be no surprise that beaches of the South of France have become the battle ground following the truck attack in Nice. There is a desire to hurt those who are seen as having hurt us. This is ‘god-sent’ to the racists who now have a seemingly acceptable focus for their hatred and it will prove a fertile recruiting ground for them.

This is the main problem with this type of anger and desire for revenge, it is blind and counter-productive, it punishes the innocent and misses the guilty, it drives more to believe the propaganda of the terrorist and it divides our society when it needs to be strong in the face of attacks on its moral values.

No-one can consider that forcing French muslim women to dress in a manner they feel immodest will improve society nor will it assuage the anger that gave birth to it. We arrive at this travesty of a situation because we have ignored a basic moral principle. We are free to think and act as we will as long as we do not harm any other person. As John Stuart Mill put is “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.

This is an inviolate right and not a possession of either the right or the left in politics. Only Libertarians, Liberals and Anarchists give this the focus it deserves. Holding to prionciples such as these guides us past horrible mistakes such as the “burkini ban” and in the past this was widely recognised. Laws to control our behaviour should be rarely used, individuals behave better than states and come to better, more creative, solutions. Indeed even Lenin saw this when he realised “While the State exists there can be no freedom; when there is freedom there will be no State.

 

 

Let’s stop genital manipulation.

Let’s stop genital manipulation.

Figure published this week (1) reveals that in the UK 2491 cases of female genital mutilation (FGM) occurred last year between April and September in the United Kingdom. This is far too many and a report which speaks to unnecessary pain, distress and possible future disability. I applaud all those who try and stop this barbarism to young girls.

This is a major moral problem as it lets us know that the rights of children are being ignored. They are being mutilated without their consent and any benefit (religious observance, cultural tradition) accrues to the person organizing it, not to the child. Indeed, for the child, it can only be anticipated to be a negative event in their life. Children are not the property of their parents, they have their inalienable rights, like all people. The only difference in the situation of a child is that, in addition to rights,  their  parents also have a duty  (which they contracted to when they decided to make the child) to take care of the child until it is emancipated.

The child’s rights are largely negative, as with all of us, and are predominately the right not to be subject to aggression or violence. It is the parent’s duty to safeguard this right. Genital mutilation, cutting the child for the benefits of the parent, breaches ths duty of care and infringes the child’s rights.

From a libertarian perspective this moral problem is easy to resolve. Genital mutilation should stop and any parent who perpetrates this on their children is not adequately fulfilling their duty of care and someone else should consider taking this role.

However, it is a moral problem, not a gender problem. This is not an issue of gender rights. To see this as a gender issue blinds us to the many young boys who suffer the same fate. In the UK about 12,200 male circumcisions are done annually. This is not a minor procedure as often portrayed. About 3% of babies have some complication following the procedure, lower rates of infection are reported in around 1 in 50 cases (2) and each year about 100 boys die in the USA following circumcision (3). The long term sequeleae are also important with significant rates of psycho-sexual dysfunction  being recorded.

People often believe that their are health benefits from circumcision in males. Research has not shown this to be the case (4)

People often think the reasons that FGM is done is particularly related to curbing female sexuality. This is wrong. Male mutilation developed from the same drives to curb sexual drive and masturbation. Dr Kellog (5), of the breakfast cereal fame, wrote

“A remedy which is almost always successful in small boys is circumcision, especially when there is any degree of phimosis. The operation should be performed by a surgeon without administering an anesthetic, as the brief pain attending the operation will have a salutary effect upon the mind, especially if it be connected with the idea of punishment… In females, the author has found the application of pure carbolic acid to the clitoris an excellent means of allaying the abnormal excitement”

So lets see this as a moral question. Lets fight to push FGM into the history books where it should remain, but let us not forget our sons while we protect our daughters and let us stop male genital manipulation at the same time.

Boy or girl it is the same crime.

 

 

(1) Sky News – FGM case reported every 109 minutes in England

(2) Boyle GJ, Svoboda JS, Price CP, Turner JN. Circumcision of Healthy Boys: Criminal Assault? J Law Med. 2000;7:301–10.

(3) Bollinger, D. “Lost Boys: An Estimate of U.S. Circumcision-Related Infant Deaths,” Thymos: Journal of Boyhood Studies Volume 4, Number 1 (2010).

(4) Intact America

(5) Narvaez D. Circumcision: Social, Sexual, Psychological Realities. Psychology Today. 2011 September 18.