We are presently being treated to the rather undignified and unedifying spectacle of the political right — particularly the authoritarians and liberthoritarians — crying foul because people are drawing cautious, well-documented linkages between their own rantings and those of the Norwegian killer Anders Behring Breivik. We had a dry-run of this following the Tucson massacre. Russell Brown has NZ’s most thorough treatment of this argument, and Peter Cresswell has NZ’s most succinct whine about it, with links to more examples.

One such piece bears particular mention: by Merv Bendle, it was published in Quadrant, and questioned whether Breivik’s attacks were “a covert, ‘false-flag’ operation, carried out to give just this impression that it was conducted by anti-Muslim, right-wing extremists, but actually conceived and directed by other forces?” Quadrant is edited by Keith Windschuttle, whose statements at a seminar given in New Zealand in 2006 (and chaired by Matthew Hooton) were quoted by Breivik in way that Windschuttle states is “not inaccurate or misleading. I made every one of these statements and I still stand by them.” The argument is essentially that “civilisation” is under threat from “the perverse anti-Westernism of the cultural elite”. There are many, many more such cases in overseas forums and I trust readers will have no difficulty finding them.

But Pascal’s Bookie, in comments at the Dim-Post, has found the nub:

They either need to disown the claim of existential threat, or explain why an existential threat does not justify violence.

This is exactly it. The right-wing commonplace that “Western civilisation is under threat” is at the heart of all the rhetoric being compared to Breivik’s nominal casus belli, and in many cases the similarities are more than merely cosmetic. This general line of argument has been popularised in its modern form by Samuel Huntington, but is much older in its essence (and I must note that Huntington’s theory is considerably more robust than the arguments I’m talking about here.) The problem for the wingnuts presently whining about these comparisons is that their bluff has been called. They’ve been squawking about the existential threat posed by “others”, much as Breivik has, but he has gone one better and actually done something about it. And so they must pick a side: either “Muslims” (or “Māori”, “socialists”, “teacher unions” or the “cultural elite” or whoever “Western civilisation” is at war with this week) actually are the existential threat the wingnuts claim they are, or they are not. If the former case is true, by their own logic the wingnuts would not only be justified in taking up arms in defence of their civilisation, they would be practically required to do so, as Breivik did. If the existential threat is real, they must hail Breivik as a hero. If they don’t, we can assume there is no existential threat, and that they’ve merely been spouting melodramatic masturbatory fantasy this whole time.

By their works ye shall know them. If there really is an existential threat, as they claim, then surely we can expect the rallying cry “wingnuts of the world, unite!” to go up from the towers where they reside, and their legions pour forth with tacticool assault rifles, iPods full of Wagner and Muse and Mario Lanza, and neoprene bodysuits with faux unit patches on them. And if they do not, then surely by their own admission, there is no threat, and there never was.

I know which I’m picking.

L

Update: ‘Nemesis’ at Crusader Rabbit has answered the clarion call to action with …. yet more words. But they are fighting words:

Read the rest of this entry »

In my previous post on the Canterbury Earthquake Response & Recovery Act (CERRA) I lamented the conspicuous absence of outrage in response to the bill’s provisions from partisans on the right. I have since been heartened by the responses from some of the more principled commentators on the right; well done them.

But there is one most conspicuous exception. I have on many occasions in the past defended Kiwiblog’s David Farrar from allegations that he’s a bog-standard Tory authoritarian. Yes, he’s a loyal partisan; yes, he does have his authoritarian tendencies, but his typical policy alignment is clearly classical-liberal. He is is consistently more liberal than almost all of his fellow-travellers and has regularly exhibited a forthright commitment to democratic principles of the rule of law, of good constitutional practice and the importance of checks and balances. Even yesterday’s response conveyed lukewarm concern about the scope and extent of the act. But I take back all that defence of David’s character; and so, apparently, does David take back his commitment to those liberal principles.

Because this morning’s post on the CERRA is nothing short of cringing, snivelling partisan apologia for dictatorship dressed up as a simplistic classical history lesson. Dictatorship, it appears, is a-ok with David just as long as the dictator wears the right coloured tie. Where now are the lofty appeals to the principles of good governance, the shrieking about attacks on the nation’s constitutional integrity, the billboards bearing the endorsements of dictators? There are plenty around, including a very explicit homage to the Free Speech Coalition campaign which David fronted, but nothing from this erstwhile and self-proclaimed champion of democracy himself.

The fact that DPF is being schooled on both the principled and pragmatic problems with this bill by some of the more wide-eyed and reactionary members of his commentariat suggests that he has taken leave of his political instincts as well as his principles; for instance, the notorious ‘burt’, who urges him to consider what might happen if (due to the collapse of ACT) National fails to win the 2011 election and a Labour minister takes over from Brownlee; a possibility he and the government had either not anticipated or don’t believe was worth considering. Nothing would be sweeter irony, but either way: David’s credibilty on these matters is up in a cloud of Tory-blue smoke; a legacy destroyed by unprincipled partisan loyalty. Such is the price of political dependence.

Update: Similar sentiments from Peter Cresswell, Danyl Mclauchlan and The Standard, from whom I purloined the image.)

Another update: More angels required to dance on DPF’s pinhead.

L

Misery acquaints a man with strange bedfellows, and so it is that Chris Trotter finds common cause with Peter Cresswell in selectively revising the story of Ngāi Tūhoe to frame them up as our very own Khmer Rouge, and the Tino Rangatiratanga movement as the mortal enemy of civil society as we know it. I do not seek to defend Te Kooti and his followers: it’s not necessary to do so to abhor the brutality of the Crown response. But even that isn’t the point of this post: I’ve covered that ground before. The point is that their reading is anitithetical to the ongoing development of a peaceful and modern Aotearoa.

Both frame up the Crown position as a matter of swordright — Tūhoe ‘picked the wrong side’ in their war and were justly punished for it. Should have been punished more. Both Chris and Peter seem to be of the view that the Crown would have been entirely justified in leaving not one stone upon another, not one man, woman or child alive. And more than a century later, based on their own (conveniently one-eyed) assessment of incidents surrounding Te Kooti’s succour in Te Urewera, they argue that Tūhoe still deserve whatever they get: nothing if they’re bloody lucky. Frankly, I expect this sort of thing from permanent-state-of-jihad Objectivists; not so much from an actual historian claiming the mantle of a peace-loving social democrat.

Because the end justifies the means, you see. The brutal and systematic dispossession and wholesale slaughter of Māori throughout Aotearoa was perhaps unfortunate, but necessary in ‘civilising’ the uncivilised hordes of savages found here by the noble white man of 1840. I asked Chris a while ago whether he thought that NZ would have been better off if Europeans had just landed with boatloads of armed soldiers and done to the natives what they did in the rest of the world. He responded by saying I was “not mentally wired for this sort of historical argument.” But I guess I have a fuller answer now.

These are people who claim to want to ‘move on’ from our colonial history, for Aotearoa to become ‘one nation’. But doing so on the basis of swordright cannot result in a nation of two people joining together as ‘iwi tahi tatou’, but of one people who set the rules and another who live by them; the former wielding the righteous sword of civilisation, the latter’s efforts to work with the former rather than under them cut down by it, and even their efforts to work within the rules viewed with eternal suspicion and distrust. This is beyond misery — it is ignorant, paranoiac hatred and fear of ghosts long passed which has brought these two bedfellows together. Just don’t think about the offspring they might bear.

Update: Fresh approval from PC.

L

I’ll be watching with interest the characterisation — and caricaturisation — of Australia’s new PM, especially as compared to Helen Clark. Some of you might be aware that I once wrote a research paper on the characterisation of Clark by John Banks and Lindsay Perigo in talk radio during 2007. I was informed at the time that, via the usual academic networks, a copy made its way from Victoria University of Wellington to someone at the Australian National University in Canberra who had contacts within the then-Deputy Leader’s office, and that Gillard had read it with some interest. I’m not sure how true that is, but I do know she took a keen interest in Helen Clark’s public image, likely with this very eventuality in mind, so it isn’t altogether implausible.

The Clark-Gillard comparison is a natural one, due partly to geographical and temporal proximity; but also due to genuine similarities between their politics, manner and ascent to power. The comparisons have been highly ambivalent. The usual slanderers have already begun spreading the same ludicrous assertions that Gillard, like Clark, is a closet lesbian, on the grounds that she hasn’t had children and is more apparently bolshy than her husband. Apparently very deep in the closet, since she’s come out against gay marriage. (But then, she would, wouldn’t she?)

Peter Cresswell described her as Helen Clark with lipstick, which I guess is negative as to her politics but positive as to her perceived femininity, notwithstanding that Clark did in fact wear lipstick herself. Auckland University’s Jennifer Curtin pointed out some comparisons as to the two women’s assumption of their roles, though I can’t help but think she must have a more nuanced and complex position on the topic than was suitable for an AAP statement:

“They’ve both started off on the left but moved kind of to the centre of their party,” she said. They both appear to be hard workers, good speakers and have made similar choices in selecting their political allies and portfolios – opting to avoid women’s policies specifically. “If they represent women they do it in a more mainstream kind of way,” Curtin said.

Clark’s biographer Brian Edwards, speaking on ABC Radio National, outlined the similarities in more detail:

Well there are extraordinary similarities. I’ve been reading some of the reports about Julia Gillard in the papers here in New Zealand, and it’s absolutely uncanny, and what we’ve just heard is also true, that from the start, Helen Clark was a professional politician, she was absolutely focused, her intention I guess, long term, was to be prime minister, and she would do everything possible to do that. And if you look at the two women, as I say, the similarities are remarkable. Both unmarried, both decided, clearly, that being a politician and aiming to be prime minister did not go with having children, that was the decision, a positive decision which Helen Clark made, she and her partner, Peter Davis. Helen in fact, never wanted to get married and was actually more or less pushed into it by the Labour Party, and wept on her wedding day, which was relatively unusual. She was an atheist, she received some of the same sort of criticisms that I gather Julia Gillard has received in your country for her voice, she had a strong Kiwi accent, a rather deep voice; for her looks, people didn’t like the look of her hair, they didn’t like the look of her teeth; she was accused of being a lesbian, primarily by her opponents admittedly in those early days, and had an extraordinarily hard struggle to make it at all.
And these were all things that a man would not expect to happen at all in politics. None of those things would have come up if the man was a bachelor or was married or didn’t have any children, or any of those other things.

Clark fought these attacks, in part, by recourse to a “makeover” in mid-2005, when she appeared on the cover of women’s magazines — notably Woman’s Weekly — more heavily made up, more softly and sympathetically portrayed and generally appealing more directly to women, and to men who, if they had to be led by a sheila, wanted to be led by a real sheila. This was probably crucial to her winning the 2005 election. Gillard, The Australian tells us today, already has a similar glossy campaign well underway. It’s a good move. (Anyone who wants to call it fake or staged or a cheap trick or blatant media sycophancy to make such an appeal had better first recall John Key’s appearance on Gone Fishin’ (audio), and accompanying article by host Graeme Sinclair in — you guessed it — Woman’s Weekly. Incidentally, if anyone has or can find a copy of the video of that Gone Fishin’ episode, I’d love to see it. I missed it at the time.)

Other Gillard comparisons have also been made: to Margaret Thatcher (as Clark before her was), and to British Labour’s present acting leader Harriet Harman. In contrast with Jennifer Curtin’s observation that neither Clark nor Gillard emphasise their femininity in policy terms, The New Statesman‘s Alyssa MacDonald argues that the public treatment of Harman illustrates that it’s still not politically viable to be an overtly feminist female leader, even in 2010:

Both come from legal backgrounds, hold multiple political posts, have strong union connections, speak with distinctive voices and are always politically “on”. But while Gillard is popular and respected, Harman is often, very unfairly, spoken of as hectoring, dowdy and not very bright. Even before Gordon Brown’s departure, her chances of becoming Labour leader were the same as the number of forthcoming Harman biographies: zero.
Politically, there’s a glaring difference between Gillard and Harman. One has fought consistently for a feminist agenda, while the other has approached her political career with individualistic ambition. Not to do Gillard down — she’s very good at her job and she deserves her success — but her premiership isn’t necessarily any more of a great lunge forward for women than Margaret Thatcher’s was thirty years ago.
Meanwhile, Harman’s drive to push issues such as rape laws and the Equality Bill into the spotlight has undoubtedly been good for British women — and a huge contibuting factor to her unlovely public image.
Gillard’s success is still a symbolic step forward, signalling that the presence of women in Australian politics has become normal. And it looks likely to be good news for the country as a whole. But it’s not as if Australian women now have a Harman at the top to look out for their interests.

As MacDonald notes, Gillard is much more favourably-portrayed than Harman (and I would add, than Clark was at any point during her leadership). I think a lot of this is down to the “lipstick” to which PC refers: a metaphorical sort of lipstick which speaks to a particular notion of femininity, like the kind which Sarah Palin made famous. For one thing, Gillard’s attractiveness has been emphasised by the favourable comparison to Scottish actress Tilda Swinton:

This distinctive visage, the “bricklayer” voice to which Brian Edwards alluded, and her speaking style have been welcomed by the Australian media and satirical communities, who found Rudd “almost irritatingly bland”, according to editorial cartoonist Bill Leak. This from an article, also in today’s Australian on the topic:

Gillard’s wealth of striking anatomical attributes is almost too much of a good thing, says Cathy Wilcox of The Sydney Morning Herald and The Sun Herald. “She’s got so many features that if you just go for one, it isn’t enough. The challenge is how to get all those things in there without her head being enormous.”
Since Gillard took power, editorial artists have been studying her face with the obsessiveness of a lover, poring over photos and freeze-framing the TV to parse her every angle and expression.
Australia’s first female Prime Minister, seen through their eyes, has a “striking head of hair”, “incredibly beautiful skin”, eyes that manage to be simultaneously “squinty” and “big and distinctively shaped”, “chubby cheeks” with “pronounced cheekbones” and a mouth that “sits small and low” above “a small chin that tucks into an incredibly long neck”. Not even her earlobes escape attention.
And who else but an artist would notice that the new PM has “a reasonably ample bottom in relation to her head”?
But there is one facial feature in particular about which they all rhapsodise: Gillard’s “pointy”, “assertive”, “wonderful” nose. A nose, as Leak puts it, “that looks like you could chop wood with it”.
Fiona Katauskas, freelance cartoonist and producer of the Talking Pictures segment on the ABC’s Insiders, says Gillard’s nose is a defining feature that artists can utilise to express her character, just as the jutting lower-lip of former PM John Howard came to represent his determination, or obstinacy.
“I will take a punt and say Gillard’s nose will become the equivalent of Howard’s lip,” she says.

What’s interesting about all this is that, unlike most of the discussion of Clark and Harman’s appearance, it is robust but not unkind. Gillard’s relatively warm reception is being put down to her status as Australia’s first female PM, and I think there’s some legitimacy to that view; a genuine preparedness to “give her a go” tinged by a fear that bagging her too early would come off as sexist. We’ll see how long that persists, and how long her distinctiveness — of appearance, manner, and political character — is portrayed as quirky and endearing rather than bizarre and threatening.

L

“This is John Galt.”

If there lingers any doubt the film production of Atlas Shrugged is going to be an epic adolescent ego-stroking festival, it must surely be dispelled by the news that the director (Paul Johansson, of teen-angst-dram series One Tree Hill) is also the hero: John Galt. The resonant hubris of this is so stark that the fact he’s never directed a feature film before barely deserves a mention.

There’s one point of interest for New Zealand viewers, though: Grant Bowler, probably better known as Wolf from Outrageous Fortune, is down for Hank Rearden.

“There is no such thing as a temporary (career) suicide.”

Grant Bowler has some chops, and he suits the character. My previous misgivings notwithstanding, I reckon that’ll be reason enough to watch it. But, my goodness, what a brush to risk being tarred with.

(H/T to Peter Cresswell and his always-excellent ramble.)

L

(Image, “Road to Hell”, stolen from Alexander West.)

And I did not mean to shout, just drive
Just get us out, dead or alive
The road’s too long to mention, Lord, it’s something to see
Laid down by the Good Intentions Paving Company
(Joanna Newsom)

John Key’s government is starting to play for keeps after a year and a bit warming up. There have been a few clear examples of this, including the aggressive tax and service cuts in Budget 2010, and signs pointing to privatisation in the not-too-distant future. Less orthodox is the recent hardening of the government’s position on take Māori.

Key was not punished for his calculated snub of Tūhoe, and it seems the success has emboldened him to flip the bird to an even larger Māori audience, saying two things: that Māori can take or leave the government’s public domain proposal for the Foreshore and Seabed; and that by “Māori” he means “the māori party”. It’s these things I want to discuss, and they need a bit of unpacking.

Pragmatism and principle
Conventional wisdom on the Left is that Key’s blowing off Māori is (either) paying the red-neck piper, or a genuine manifestation of his (and the government’s) own racism. I think it’s neither and a bit of both. On the second bit, I accept that the National party’s history on Māori issues is broadly racist inasmuch as it hangs on a “one law for all” rhetorical hook whilst systematically opposing measures which safeguard the equal application of those laws to Māori, but I think this is down to the casual racism of privileged ignorance rather than the malicious anti-Māori sentiments of Orewa. Key’s politics, I am convinced, consist of a thick layer of pragmatism on a thin frame constructed of a few very strong principles. The principles are not the bulk of his politics, but they strictly delineate the extremes of what he will and won’t accept. Fundamentally on cultural issues he’s a pragmatist, and doesn’t much care either way as long as he’s getting his. But there is a solid core there which is only so flexible, and changing the ownership status of huge tracts of land (whether by Treaty settlement in the case of Te Urewera or by nationalisation in the case of the Iwi Leadership Group’s suggestion regarding privately-owned sections of the Foreshore and Seabed) is too much of a flex. There are good principled reasons for National to oppose such a scheme, and for this reason I don’t think he’s pandering to the redneck base so much as preserving what he perceives to be the National Party’s immortal soul: cultural conservatism and the maintenance of material property rights. Although I broadly disagree with the reasons, and the decisions, I wish that Labour had done as much to preserve its own immortal soul in 2004 and 2005.

“One law for all”
While I’m on record opposing a “public domain” resolution of the Foreshore and Seabed because it’s a solution of convenience rather than one born of any deep consideration of the issues in play, I have a little more time for Mark Solomon’s suggestion that if Māori are to give up nascent property rights to the takutai moana, those already holding such property rights ought to be obliged to do the same. I’m not convinced by arguments from PC and DPF to the contrary. PC’s argument, that iwi and hapū ought to have full common-law recourse to test their claims as permitted by the Court of Appeal ruling in favour of Ngāti Apa has more merit than DPF’s, but I still consider it a poor option since there is a high likelihood of a culturally and politically repugnant outcome which would lack durability and further inflame racial hatred. Contrary to DPF’s claim that Solomon’s position is unprincipled, Tim Watkin argues that it’s actually a pretty good representation of “one law for all”. It would ensure that existing landowners — most of whom happen to be Pākehā — are not grandfathered into a new scheme simply by virtue of having bought land which may or may not have been legitimately acquired from whomever it was bought, while iwi and hapū — who happen to be exclusively Māori — are forced to give up their rights. I argued much the same thing a few days ago, and I’m pleased to see someone else thinking along the same lines. While the whole Foreshore and Seabed going into public domain is worse than Hone Harawira’s proposal that the land be vested in customary title with ironclad caveats because it strips away rights rather than granting them, it does have the advantage of stripping those rights equally, rather than on the basis of largely racial discrimination.

There is another, economic, point in play: if land not presently in private ownership is placed in the public domain and declared inalienable, the increased value of those few freehold, fee-simple property rights which do exist at present will have a phenomenal distortive effect on the property market and on New Zealand’s social structure, with the inevitable result that almost every scrap of it will end up in foreign ownership. We will then have the perverse and incoherent result that most of the beaches will be owned in common — but those which aren’t will be the exclusive domains of ultra-wealthy foreigners. Whether this is a good or a bad thing is a fair point for debate, but I think this fact will grant Solomon’s proposal considerable appeal to the broader New Zealand public, especially among those who do not — and even at present prices, could never — own waterfront property.

Just who are these “Māori”, anyway?
As I noted above, Key has been clear that he cares not a whit for the Iwi Leadership Group’s views on the matter: he considers that the māori party has a mandate to negotiate for all Māori and the decision is theirs. This is strictly almost correct: they do have a such a mandate, and whatever they decide will be broadly regarded as legitimately representing “Māori”, to the extent that the decision accords broadly with the views of Māori as expressed by their various civil society agencies. This proviso, missing from Key’s glib assessment of the political situation, is crucial. By omitting it, Key aims to drive a wedge between the party and those civil society agencies — chief among them the Iwi Leadership Group convened for this very purpose — from whom they ultimately derive their electoral mana. The māori party, frequent howls of “sellout!” from the Marxist left notwithstanding, do regularly test their policy positions against these stakeholder groups, at hui, and in their electorates. This makes them particularly secure in terms of their support, as long as they act in accordance with their supporters’ wishes. I have long criticised the howlers for misunderstanding just what it is that the māori party stands for, and their mischaracterisation of the party — plump buttocks in the plush leather seats of ministerial limousines, representing “big brown business” — is similarly a wedge, of a slightly different hue. But this issue is the test. Without the support of the Iwi Leadership Group, it’s hard to see how the māori party could maintain its claim to a mandate.

Crossroads
Which brings me to the verse at the top of this post. This issue has deteriorated to the point that the National government — like the Labour government before it — issuing public ultimatums to Māori and prejudging the case by claiming to speak for the māori party’s position. That is not mana-enhancing for a coalition partner which has showed enormous patience and swallowed almost innumerable dead rats in exchange for largely symbolic concessions. This breakdown of diplomacy on its own is not sufficient to call time on the coalition relationship — that comes down to the merits of the choices available, and the proposal simply isn’t enough. I have long defended this approach on the basis that the big issues were still to play out — but the loyalty and commitment shown by the māori party, in the teeth of furious criticism from enemies and allies alike, must be rewarded. A Whanau Ora pilot programme simply isn’t enough. This road was paved with good intentions, and there was a chance it would lead elsewhere than where it did — a chance which had to be taken but which, barring a swift change in the government’s position, seems to have proven unfounded.

If the government holds to its ultimatum, the māori party must turn around and walk back into the light. On this I agree with Rawiri Taonui (audio). The party will lose much more by abandoning its people and agreeing to a Faustian bargain than by simply failing to negotiate the repeal of the Foreshore and Seabed Act, which realistically was a nearly impossible task in any case. And even if the party did support the bill, it would not mean the end of the struggle. As Taonui says, although they might have the numbers to pass the legislation, the government’s solution will have no legitimacy or durability in practice without the support of the ILG and those it represents. Where there is injustice, resistance will seep out around the edges. If the issue of the takutai moana remains live, the party can continue to advocate for a just and enduring solution, and the ILG’s proposed solution opens a potential route for re-engagement with the Labour party. All is not lost.

The big question — as I asked in r0b’s excellent thread the other day is: what will Labour do?

They can sit back and say “I told you so” to the māori party, hoping they will fold, or they can make a better offer and hope the māori party will become more inclined to work with them. I can see how either would be a reasonable tactical position in terms of electoral numbers, even though the former course of action would continue the erosion of Labour’s historically liberal and Māori support. But there’s also a real danger the party will do neither, or will attempt to do both and fail at doing either, such as by arguing that the FSA was actually not that bad after all. That would be a tragedy.

The whole world’s watching. I have to say Shane Jones, who the party desperately needs if it is to have credibility on this issue, hasn’t helped dispel the predominant impression of Māori politicians held by the New Zealand public.

L

Acropolis Now!, at Not PC.

But it looks like The Economist got there a week ago.

And they did a photoshop hack to go with it.

L

A lot of self-described liberals or libertarians are arguing that the extent of peoples’ membership in society should be determined by their economic contribution to it, and a few, ignorant of reality, are even arguing that their membership in society is determined by their economic contribution.

People like Peter Cresswell, who asks “What gives bludgers a right to privacy?” The answer, of course, is that they have the same rights as anyone else. Peter, citing an imaginary selection of rights which apparently does not include any right to privacy, argues that the beneficiaries’ rights impinge upon his, and theirs should give way. Beneficiaries, to him, are uncitizens.

People like Cactus Kate, who reverses the rallying cry of the American Revolution to read “no representation without taxation” under the delusion that its meaning persists unchanged. She argues that franchise should be restricted to those over the age of 25, except where they earn $60,000 per annum or more. With reference to the current case, she restates the common refrain that “the taxpayer is paying for their lifestyle therefore should have knowledge when the beneficiary is whinging about benefits paid to them”, which essentially translates to “beneficiaries don’t have rights to privacy”, per PC. Beneficiaries, and those under 25, and the poor, are uncitizens to Kate.

People like David Farrar, who makes the same argument that, because the information concerns welfare, the people in question have reduced rights to privacy; but realising the paucity of that stance, goes on to rationalise it with ever-decreasing logical circles. I needn’t even specify the depths to which the KBR have sunk on this issue; so much for David’s moderation policy.

People like Bill Ralston, who argues that when one screws with the media bull, one gets the horns, and when one reveals any details to the media about one’s case, it’s open slather. For Bill, it’s not beneficiaries who are uncitizens – it’s ‘people who speak to the media’ who have reduced rights. I wonder if he realises the chilling effect of this could do him out of a job.

People like jcuknz in the comments here who, to be fair, is only repeating what he’s read elsewhere.

People like the callers to Paul Holmes’ and Michael Laws’ talkback shows this morning, who think their right to know trumps another’s right to have their personal information remain private.

People like Matthew Hooton who, like Ralston, thinks that by going to the media the women in question waived their rights to privacy but, paradoxically, who also thinks that people going to the media with personal information should sign a privacy waiver to prevent disputes such as this. Hooton also has the gall to refer to the information control methods of Soviet Russia in criticising their actions – not, mind you, the government’s punitive use of personal information for political purposes, which bears a much stronger resemblance to the authoritarian methods of the Soviets.

Far from being liberal, or libertarian, these arguments belong to oligarchs. Far from the liberal creed of holding the rights of all people to be self-evident, these explicitly call for rights to be attached to wealth or some other form of privilege. They believe that people who are dependent on the state ought to be at the mercy of the state. It is perhaps no surprise that it is these people whose rhetoric and iconography is littered with terms and images like “slave of the state” – for that is what they imagine being otherwise than independently wealthy should be. These are people who would restrict participation in democracy to economic status – who pays the piper calls the tune, and who pays tax may vote, presumably in corresponding measure.

These people are just as bad and foolish as the doctrinaire Marxists who argue that nothing matters other than what is strictly material. Their argument is the one which holds that, if a group of people share a meal, it’s not relevant where they eat, what they eat, what they drink with it, who chooses, what they talk about during dinner, what concessions are made for the purpose of sharing – the only things which matter to them is who pays for the meal and how much it costs.

That is a bare and miserly sort of humanity. Other things matter. A person’s a person, no matter how small.

L

There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.

I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.

There are three ways to slice it:

1. The judiciary is right to involve itself in this sort of thing and you agree with the position taken
2. The judiciary is right to involve itself in this sort of thing and you disagree with the position taken
3. The judiciary is wrong to involve itself in this sort of thing, and should stay the hell out of wider matters of justice regardless

I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.

But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.

If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.

The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.

Edit: Andrew Geddis is in the first position; Stephen Franks is in the second.

L