Chris Bertram

This post is really a bleg, aimed at the international lawyers out there. I’ve been looking into the legal basis for US drone strikes in Pakistan, Yemen and Somalia, strikes that on some estimates have caused over a thousand civilian deaths. As far as I can see, the strikes need to pass the regular tests of discriminating between combatants and non-combatants and not causing disproportionate “collateral damage”. They also need to get past the UN Charter’s ban on using force against the territorial integrity of other states. This article by Jack Goldsmith claims there are two ways to do this (1) by getting consent from the “victim state” and (2) by properly invoking the right of self-defence re the non-state actors concerned and claiming truly that the victim state is “unwilling or unable” to deal with the threat posed.

The United States in its drone campaign appears to be relying on self-defence and this “unwilling or unable” test. This strikes me as deeply problematic on two grounds. The first is that the _Caroline_ test, that necessity of self-defence be “instant, overwhelming, leaving no choice of means, and no moment of deliberation” seems not to be met. But I suppose the United States could claim that it is simply continuing a campaign of self-defence that began after September 11th 2001 and has continued since. (Could that really justify extending “self-defence” to take in new sovereign territories?) The second reason is that it looks to me as if the doctrine the United States is relying upon would also have justified “targeted assassinations” by other states on US soil at various times against individuals or groups planning or engaged in actions against those states, whom the US was unwilling to suporess. So, for example, both Cuba and Nicaragua in the past and maybe Iran today could invoke a similar doctrine with as much justification. Say it ain’t so?

I have no idea how this one will go. Germany will probably do well, but that’s the extent of my predictions. Traditionally, it has been a competition where no-hoper teams (Denmark 92, Greece 04) can spring a surprise. Predictions? Golden boot? Fire away.

I’ve been reading some of Glenn Greenwald’s recent posts with increasing horror as he details the apparent willingness of the US drone campaign to attack events where non-combatants will certainly be present, such as funerals and to try to evade moral and legal responsibility by redefining “combatant” to include any military-age male in a strike zone. I’ve also been monitoring various liberal sites and blogs for signs of a reaction and not seeing much (please correct that impression in comments). Sites that obsess about non-combatant immunity if the people firing the rockets are from Hamas are silent. Blogs that take attitudes to historic human rights violations as a litmus-test of political acceptability, have nothing to say as a liberal American President bombs civilians on the territory of nominally friendly states. Fortunately, I’m not an American citizen, so I don’t have a moral decision to take about whether to vote for Obama or not this year. If I were, I don’t think it would be an easy decision to take. Romney is clearly remarkably close in political belief to Obama, but will be beholden to the crazy Republican right, as Obama is not. That provides people with a reason to vote for Obama. But the 2009 Nobel Peace Prize winner doesn’t _deserve_ the vote of anyone who cares about human rights, even if, pragmatically they might feel they have to give it to him.

What’s wrong with an employer saying to an employee (who needs the job, has bills to pay and kids to feed): “If you want to keep your job, you’d better let me fuck you”?

Rather like the wrongness of slavery, this strikes me as being one of those cases where my confidence that it is wrong outstrips my confidence in any of the explanations about why it is wrong, but, contemplating the case, I experience no great sense of puzzlement about its wrongness. But then, I’m not a libertarian.

I came across philosophical reflection on the issue at the Bleeding Heart Libertarians site after following a link from a “Corey Robin posting on employers who insist that their workers piss themselves rather than take toilet breaks”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/ . This instance of private tyranny elicited a comment at Corey’s site from one of the “Bleeding-Heart Libertarian” crowd, Jessica Flanigan, “deploring trade unions”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/#comment-4609 . An odd reaction to the case, you might think. “Flanigan had herself written on workplace coercion at BHL”:http://bleedingheartlibertarians.com/2012/03/workplace-coercion/ , and, in the course of her discussion, commended Japa Pallikkathayil’s excellent “paper on coercion”:http://quod.lib.umich.edu/p/phimp/3521354.0011.016?view=toc at _The Philosophers’ Imprint_ .
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Gizmodo has a piece “proclaiming the death of Flickr”:http://gizmodo.com/5910223/how-yahoo-killed-flickr-and-lost-the-internet at the hands of the hateful and incompetent Yahoo. In many ways, Flickr has been the most important site on the internet to “me”:http://www.flickr.com/photos/chrisbertram/ (after CT of course) for the past five years. There isn’t another site that allows people who are serious about photography (including film) to display and talk about their work with others who feel the same way, that also includes a social media component. True, there are other sites that are good display vehicles (zenfolio or smugmug) but that’s like opening your shop down a dusty side-street: random traffic. And there are other sites that do the social media thing and carry photos (Facebook, Google+) but where you are showing your stuff not to _photographers_ but to your “friends” who may or may not care. No one else does the combination. The other thing about Flickr is the crossover from online social groups to real-world friendships. In Bristol we have monthly pub meets and various other events; through other Flickr projects I’ve met and hung out with photographers in other places, notably San Francisco. I’d never have met those people on Facebook. But Flickr does look tired and Yahoo has starved it of support. It is not dead yet, but it will be a tragedy if it goes, since nothing else does the same job.

As a young Trot and reader of Intercontinental Press (I’m talking late 70s, early 80s) I was somewhat astonished when people told me about Gerry Foley, who has just died. As Jeff Mackler’s obit on Red Mole Rising says, he could read in 90 languages and was fluent in more than a dozen. There’s lots of bonus detail on the history of American Trotskyism, on McCarthy, and on the extent of FBI surveillance of far-left meetings. Worth a read. RIP.

Today’s Guardian has a series of articles today concerning Britain’s colonial past and evidence of the “widespread destruction of documents”:http://www.guardian.co.uk/uk/2012/apr/18/britain-destroyed-records-colonial-crimes with evidence of crimes against humanity by British forces. Other pieces include material on “planned poison gas tests in Botswana”:http://www.guardian.co.uk/uk/2012/apr/18/britain-poison-gas-tests-botswana , on the “coverup of the deportation of the Chagos islanders from Diego Garcia”:http://www.guardian.co.uk/uk/2012/apr/18/archives-diego-garcia (now used by the United States to bomb various countries), and of “serious war crimes during the Malayan emergency”:http://www.guardian.co.uk/world/2012/apr/18/colonial-office-eliminations-malayan-insurgency?intcmp=239 . And then there are “eighteen striking photographs”:http://www.guardian.co.uk/uk/gallery/2012/apr/18/colonial-archives-kenya-malaya-aden of the British at work in Kenya, Malaya and Aden . The Aden photographs in particular call to mind similar later ones of British troops in Northern Ireland, where of course, torture was also employed: the techniques used on colonial populations being brought to bear against Irish republicans. And, of course, the look on the faces of the soldiers as they manhandle and abuse “natives” is really no different from what we see in pictures of the French in Algeria, of American troops in Iraq and, indeed, in footage of the Israeli Defense Force in the occupied territories. A timely reminder of the evils of imperialism and colonialism.

Via Martin O’Neill on FB, I see that reminiscences of Jerry Cohen by Philippe Van Parijs, John Roemer, Myles Burnyeat, Gideon Cohen and Tim Scanlon are now online (pdf). Enjoy.

Ben Bella is dead, as the charismatic leader of the FLN in the Algerian war of independence, he was one of the great (though flawed) figures of the wave of post-war revolutionary decolonisation. Obituaries and reports in the New York Times , Guardian, Le Monde .

I’ve just finished the Norwegian author Karl Ove Knausgaard’s _A Death in the Family_, the first volume of his sequence of autobiographical novels, _My Struggle_ . The novel, if novel is the best word for it, is at once brilliant and horrible. Brilliant, because of Knausgaard’s talents for description and for self-observation; horrible because of the meticulous way in which he sets out the decline of his father and grandmother. In the novel, and doubtless in real life, Knausgaard’s father is an alcoholic, who at the end of his life, barricades himself into the house of his semi-demented mother and drinks himself to death amidst his own waste. The final third of the book consists of the author’s description of himself and his brother cleaning up the mess and preparing for the funeral. Incomprehensible to the author – and to the reader – is his father’s sudden mid-life transformation from being reserved, proper, distant and controlling, first to would-be bohemian and then to hopeless drunk. Though this change provides the organizing principle of the novel, it is only one of its parts. Much of the “action” (if action there is) consists of an alienated Knausgaard recalling his adolescence and observing himself struggling to write somewhere in Stockholm. In the course of this, we get his reflections on art – and what it does for him – his feelings towards his pregnant girlfriend and children (less warm than he thinks they should be), on death, alcohol, music and much besides. I can’t say that it is anything other than compelling, even though simultaneously revolting. Of course we cannot know what Knausgaard holds back, but he gives a good impression of total candour: he notices the difference between what he ought to feel and think and what he does, actually, feel and think, and tells us anyway.
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In the thread on community colleges (which morphed into a discussion of more general education and management issues), someone mentioned Kahneman on the “halo effect” in grading (or marking) student work. _Thinking Fast and Slow_ has been on my to-read pile since Christmas, but I got it down from the shelf to read the relevant pages. Kahneman:

bq. Early in my career as a professor, I graded students’ essay exams in the conventional way. I would pick up one test booklet at it time and read all the students’ essays in immediate succession, grading them as I went. I would then compute the total and go on to the next student. I eventually noticed that my evaluations of the essays in each booklet were strikingly homogeneous. I began to suspect that my grading exhibited a halo effect, and that the first question I scored had a disproportionate effect on the overall grade. The mechanism was simple: if I had given a high score to the first essay, I gave the student the benefit of the doubt whenever I encountered a vague or ambiguous statement later on. This seemed reasonable … I had told the students that the two essays had equal weight, but that was not true: the first one had a much greater impact on the final grade than the second. This was unacceptable. (p. 83)

Kahneman then switched to reading all the different students’ answers to each question. This often left him feeling uncomfortable, because he would discover that his confidence in his judgement became undermined when he later discovered that his responses to the same student’s work were all over the place. Neverthless, he is convinced that his new procedure, which, as he puts it “decorrelates error” is superior.

I’m sure he’s right about that and that his revised procedure is better: I intend to adopt it. Some off-the-cuff thoughts though: (1) I imagine some halo effect persists and that one’s judgement of an immediately subsequent answer to the same question in consecutive booklets or script is influenced by the preceding one; (2) reading answers to the same question over and over again can be even more tedious than marking usually is. I thing it would be even better to switch at random through the piles; (3) (and this may get covered in the book) the fact that sequence matters because of halo effects strikes me as a big problem for Bayesians. What your beliefs about something end up being can just be the result of the sequence in which you encounter the evidence. If right (and it’s not my department) then that ought to be a major strike against Bayesianism.

I’ve just sent back the proofs for the new edition of Rousseau’s _Of the Social Contract and Other Political Writings_ (edited Bertram, translated Quintin Hoare) that Penguin Classics are publishing in September. One of the “other writings” is the _Constitutional Proposal for Corsica_ . Reading through, I suddenly alighted on an sentence and thought, “hang on, that makes no sense!” The relevant phrase in French (OC3: 936) is

bq. …quand le Prince hausse les monnoyes il en retire l’avantage reel de voler ses créanciers …

For which we had

bq. …when the Prince raises the value of a currency he derives the real advantage of stealing from his creditors …

But, but …. Surely what the prince needs to do to steal from his creditors is the exact opposite? You inflate. You inflate away the debt. You make the currency worth less, not more. Isn’t Rousseau just writing nonsense then?

It turns out not, and, thanks to the help of the estimable Chris Brooke I now understand. My thinking on this, and that of just about all modern readers I suspect, is formed by thinking of fiat currency. But if we have currency that (purportedly) derives its value from its metallic content (such as gold) then you can debase the coinage by raising its _face value_ whilst keeping the metal content the same. (Or alternatively, you could adulterate the metal or clip the coin to get the same effect.) Finding out this kind of thing really is great fun.

This morning brings news of new plans by Britain’s Tory/LibDem coalition, this time to privatize parts of the road network. Presented (again) merely as a way of getting things working more efficiently, this is both part of a pattern and – the philosophical point here – a further reduction in the liberty of individuals. The pattern is a gradual shift of resources that used to be common in to the private or quasi-private sector. Not long ago, higher education was free: now it is not. Fairly large amounts of formerly public space in cities are now in the hands of private developers who employ security guards to enforce their rules on what can be done on their land. Government plans to privatize publicly-owned forest and woodland have been defeated, but for how long? The “reforms” of Britain’s National Health Service allow for new charges to be brought in for treatments and services deemed “non-essential” (although NHS trusts are already denying treatment for some conditions that used to be treated for free). Generally, there’s a shift from formerly taxpayer-funded services towards privatized ones that users have to pay for.

No doubt our “libertarian” friends approve of this shift, but those who don’t have an ideologically distorted view of liberty should be alarmed. First, the extension of chargeable private space means that the range of actions permitted to individuals who lack money is reduced. Lack of money reduces your purely negative freedom,[1] as anyone who tries to perform actions encroaching on the state-enforced private property of others will quickly discover. Second — and this point should hold even for those silly enough to reject the view that private property restricts the freedom of those who have less of it — the increase in privatized public space means that we are increasingly subject to the arbitrary will of private owners concerning what we can and can’t do. Rights of assembly? Rights of protest? Rights to do things as innocuous as take a photograph? All of those things are now restricted or prohibited on formerly public land across the United Kingdom or subject to the permission of the new private owner. The interest of those who endorse a republican conception of freedom is thereby engaged, as is those of liberal persuasion who think a list of basic liberties should be protected: less public space, less capacity to exercise those basic liberties. The proposed privatization of the roads is just an extension of this.

(The Liberal Democrats as part of the Tory-led coalition bear a particularly heavy responsibility for failing to prevent these changes for which the UK government has no democratic mandate. With luck they will be destroyed at the next election, as they deserve to be. Let no-one forget, though, how far the last Labour government took us down this path and legitimized these changes through measures like student fees and the Private Finance Initiative.)

fn1. For an argument to this effect and a demolition of the idea that lack of money confers lack of ability rather than unfreedom, see G.A. Cohen, “Freedom and Money”:http://howardism.org/appendix/Cohen.pdf (PDF)