On liberty: laughter and forgetting


by Shuggy    
March 5, 2009 at 12:30 pm

1) Traditional civil liberties have been eroded in recent years.
2) Amongst those concerned about the erosion of civil liberties are quite a few posh people.
3) Therefore, civil liberties are an issue only of concern to the elites and not ‘ordinary people’.

I would have thought the failure to apply elementary logical thinking in this formulation was pretty obvious – yet this is exactly this sort of argument I’m reading on what seems like a daily basis in the blogosphere.

Or it just feels like it. I’m getting a bit fed up with it, to be honest. Apart from anything else, it’s a little selective, isn’t it? The decidedly plummy tones of the New Atheists don’t seem to prompt the same dismissal. Only toffs are concerned about things like the extension in police powers and not ‘ordinary working class people’?

I don’t claim to know the background of every blogger or journalist who comes out with this crud but I’ll guess they’re usually the sort of people who have never been arrested for anything except perhaps as a result of a disturbance at some wanky demonstration they attended as a student.

Working class people are more likely to be victims of crime but they’re also more likely to be arrested for them as well. More likely to get a doing in the back of a police van and they’re more likely to end up in prison – convicted and with a longer sentence because they can’t afford a good lawyer. Traditional liberties like the right to silence and trial by jury are – or I should say were – there to check the power of the state against the individual accused, regardless of who they are.

It’s just a feature of our class-based society that the accused happen to be disproportionately found amongst the poor and the powerless. Has this really escaped the attention of those who are presently channeling the collective mind of ‘ordinary people’? Or do they think our criminal justice system is presently clogged up with people called Nigel and Samantha?

I could go on in this mode but the fact that this argument is sometimes put forward by bloggers whom I like and respect gives me pause for thought and makes me wonder how on earth left-wingers have allowed themselves to imagine that indulging in apologetics for state-authoritarianism is something worth doing?

I’m not sure but at least part of it has to do with partisanship. Paul Evans wrote a thought-provoking post for this blog where he argued that it is the slide into a populist form of democracy, rather than individual instances of illiberality, that is the problem. Clearly heavily influenced by the late Bernard Crick, he suggests as an example that the use of referenda – celebrated as expressions of a purer democracy – represents a tendency towards the demagogic simplification of complex political issues and that this almost always produces a more illiberal form of politics.

On these narrow points I have a certain amount of agreement – although I have to say I have no sympathy whatsoever with the attempt to redefine the kind of politics that Crick and Paul favour simply as ‘politics’. This is a fairly shallow linguistic mechanism designed to delegitimise disagreement. If he could see that he is using it in much the same way advocates of referenda use ‘democracy’, perhaps he could be persuaded to drop this unfortunate habit?

But the biggest problem was the failure to ask: why do we have an increasingly populist form of politics? Surely at least part of the answer lies within the New Labour triangulation project? When he was Shadow Home Secretary, Blair used the mantra ‘tough on crime – tough on the causes of crime’. But when in power, they soon forgot the ’causes’ part and have been mistaking the Daily Mail for the electorate ever since.

It is this desire to park their tanks on the Conservatives’ lawn that has been the problem – rooted in the replacement of moral socialism with social moralism. And never let it be forgotten that this is the Conservatives’ lawn. Who began the erosion of trial by jury; who dispensed with the right to silence; who set the machinery in place for a system of national ID cards?

But it is forgotten. Political opposition is a knee-jerk, ahistorical affair. So the party that brought us the abolition of the GLC, the police brutality of the miners’ strike and Clause 24 are trying to pretend that they are the party of freedom. Instead of calling them for the frauds they are, not a few left-wingers have simply allowed them to steal their clothes and have retreated from the cause of liberty – a retreat reinforced by laughter and forgetting.

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First posted on Shuggy’s blog


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About the author
This is a guest post. Shuggy blogs at Shuggy's Blog
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Reader comments


Very true. The Tory party and their rich masters only got interested in Police abuse when one of their own pompous, front benches got held in a police station for 9 hours without trial. That, according to most Tory propagandists means we are living in a police state. As for the rest of the population they could not give a shit.

As for New Labour, well, they like copying Tory’s. Which is why they are in the mess they are in.

Clause 24? Is that Clause 4 or Section 28?

Anyway, I think it’s fair to say that the steps taken by Labour, in particular on the erosion of trial by jury, have eclipsed anything done by the Tories 20 years ago. The abolition of double jeapordy, the erosion of Legal Aid, the extension of in camera justice – these were Labour policies, not Conservative ones, and I’m not sure that it’s fair to state that, because the Tories got rid of the right to silence that led automatically to the rest.

And I really don’t think that the abolition of the GLC has much to do with civil liberties.

The Tories also eroded certain traditional liberties in the 1980s that many civil liberties campaigners have forgotten about. That said they haven’t done anything as serious as the current lot.

Who cares who has eroded our freedom.

Just give us it back……

5. Andrew Adams

Obviously the sins of Labour in this respect are going to be emphasised as they are the ones who have been in government for the last eleven years. The Tories’ record certainly hasn’t been great in the past though – there are numerous examples mentioned above and for all the current talk of a “police state” the closest we have ever come to this was during the miners’ strike in the 1980s. For this reason I think most of us are skeptical about their credentials as civil liberties campaigners, but there are prominent Tories who acknowlege their past faults and do have some encouraging things to say on the subject so I think it is only fair to give them a hearing even if we reserve judgement for now. Personally my worry isn’t that the individuals themselves are not sincere but rather that their views do not have sufficient support within the party as a whole.

The attitude of some on the left, especially certain Labour members, has certainly been very depressing. I don’t include Paul Evans in this – I disagreed with a lot of what he said but he at least acknowleged there was a problem and made a rational argument. Too many, as Shuggy points out, simply dismiss the issue out of hand. There has always been a tendency of New Labourites to dismiss their critics on many issues as middle class liberal/elitist types (somehow the fact that they are overwhelmingly middle class themselves apparently isn’t relevant) who are indulging their own obsessions at the expense of issues which matter to the poor. It’s a rubbish argument, easily countered but it does worry me because it seems to be prevalent amongst younger members of the party, so it doesn’t bode well for the party’s future. Also, supporting for civil liberties and guarding against state-authoritarianism has always seemed to me a pretty fundamental part of what it means to be on the left and if they are willing to abandon these principles what else are they prepaed to abandon? Actually, we can answer that to an extent already.

The opening syllogism is a little unfair – no-one is applying the logic that way. However some of us are claiming that posh people tend to be concerned with DIFFERENT civil liberties to other people (eg not being snooped on as oppposed to not being deported. I think the three most important liberties are freedom of movement, control over your own body and freedom to organise politically. (I’m leaving aside the issue of poverty as many people wouldn’t class it as a “traditional” liberty although for me economic security is just as important a liberty.)

I will admit that the freedom to organise politically has been compromised in some areas (although extended in others) by the Labour government. Freedom of movement has been infringed massively. Control over your own body Labour has been okay on (unless I’m forgetting something huge). However, Tory politicians who claim to be in favour of civil liberties usually have completely reactionary positions on all three of these that are much worse than Labour’s. They are concerned about different liberties to the ones I’m concerned about and I will continue to criticise them for that. Which liberties you are most concerned with is inevitably a class issue just as the impact of the removal of liberty is too.

7. ukliberty

How did the Tories erode trial by jury? I thought this was one of their no-go areas.

When was the majority verdict brought in?

9. ukliberty

1967

Control over your own body Labour has been okay on

Except they prohibit or nag you if you smoke, drink or eat what you want to……..

11. Shatterface

I DOUBT that things will get much better under the Tories but I’m fucking CERTAIN they will get worse under Labour.

Repeating the same actions (i.e. voting for the same fuckers over and over) in the expectation of a different outcome is the definition of insanity.

12. ukliberty

Here is a variation on the argument:

More generally, despite the claims of a systematic erosion of liberty by those organising this weekend’s Convention on Modern Liberty, my very good constituency office files show no recent correspondence relating to fears about the creation in Britain of a “police state” or a “surveillance society”.

The implication seems to be that there isn’t a problem if Jack Straw doesn’t receive such correspondence from the good people of Blackburn.

I agreed with Shuggy’s article up to the point where he started blaming the Conservatives for the last eleven years of Labour’s illiberalism.

Ultimately the only people it is reasonable to blame for bad legislation are the Parliamentarians who voted for it (or abstained, I suppose).

But don’t you see that Labour’s underlying bias toward the rights of the group and away from the rights of the individual will result in illiberalism?

13. ukliberty

Shatterface @11, quite.

And surely if Labour get in again (please god, no) they may will even take it as a mandate for even more illiberalism.

Clause 24? Is that Clause 4 or Section 28?

Um, it was the one that said you could nationalise stuff provided you weren’t wearing a pink tutu…

I agreed with Shuggy’s article up to the point where he started blaming the Conservatives for the last eleven years of Labour’s illiberalism.

I wasn’t doing this – merely pointing out that the Conservatives’ attempt to paint themselves as the party of civil liberties is hypocritical given their past record. But Labour is responsible for what Labour have done. I was suggesting, however, that they have done this because they have been pursuing a right wing, Daily Mail appeasing, agenda.

15. ukliberty

In that case I apologise for claiming you blamed the Conservatives for the last eleven years. It just seems like almost every time there is an article like yours from ‘the left’, the author tries to apportion blame to the Conservatives.

The Conservatives haven’t been in Government for eleven years. And for the past eleven years they have been fairly consistent in opposing infringements on liberty. Not quite as consistent as the Liberal Democrats, to be fair. But it seems hardly a populist position.

The “Daily Mail appeasing agenda is an interesting one”. I am sure there is an element of that. But apart from the dreadful Melanie Phillips, the Daily Mail seems to oppose the database state and surveillance society. Who is Labour appeasing with its measures relating to the database state and surveillance society?

16. Joh Q. Publican

tim f @6:

You’re missing some huge things, unfortunately. Labour have, as Shuggy says, parked their tanks on the Conservative’s lawn, and there’s nothing worse than a reformed zealot.

17. Joh Q. Publican

Hmm. I appear to have been Labouring under a misapprehension, being that the front benches were supporting Nadine Dorries. This is apparently not the case, so far as I can tell: or at least, not where anyone was looking too hard. My last comment was less well constructed than I’d like.


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    New post: On liberty: laughter and forgetting http://tinyurl.com/chy4wx

  2. Mike Power

    Reading this twaddle. I’m not surprised that ‘Shuggy’ has worked in 20 schools during his 20yrs as a teacher. http://is.gd/lURK

  3. Liberal Conspiracy

    New post: On liberty: laughter and forgetting http://tinyurl.com/chy4wx

  4. Why would you possibly want to be free? | worldismycountry.org

    [...] as pretentious elitists is entirely self defeating (you can read a more detailed criticism here). Jack Straw is hardly ‘from the streets’ and him preaching what he perceives are the [...]





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