The horizon is not so far as we can see, but as far as we can imagine

Category: Justice Page 4 of 5

On Economic Justice

Who should get how much?

Who deserves how much money?

How do we decide?

It is, I believe, nonsense to say that we deserve whatever we happen to earn.  The value of our money is not something which is reliant on us as individuals, but is based instead on the productive capacity of our society, something which individuals have almost nothing to do with.  Being born in America or Belgium is worth much more than being born in Nigeria or Bangladesh.  You didn’t choose your parents, you didn’t choose your upraising, you can’t be said to “deserve” much if anything as a result.

People whose parents are poor don’t get into university as much as those whose parents are wealthier, nor do they graduate as often.  Being lower on the socio-economic stratum reduces performance independent of ability, as the Spirit Level documents.  As the joke about George Bush ran, he was born on 3rd base and thought he hit a triple.  But the concept applies to so many of us.

Deserve is a very slippery word.

Perhaps we deserve more if we contribute more to society?  If this is the case then we can only look at, say, the bankers and brokers of Wall Street, Bay Street and Fleet Street and say “they don’t deserve their money”, because they damaged the world economic system, damage which caused many people to lose their homes, caused food inflation and hunger, and certainly led to many deaths and much suffering which would not have occured otherwise.  Financialization of the economy gave them great rewards at great cost to many of their fellow citizens.  And it required trillions of dollars to bail them out, and even after they were bailed out, the damage they did was not undone.

Only by the most debased principles can, say, bankers, be said to deserve their money, the same principle that lead Thucydides to write that the strong do as they will, and the weak suffer what they must.  The same principles that say anything someone can steal or take, they deserve.

Is that justice?  Does that create a society we want to live in?  As we have, more and more, come to believe that people deserve to keep whatever they make, however they make it (as evinced by the erosion of progressive taxation), has it made our societies better places to live?

And, to go back to the initial point about the value of money being social and not individual, does it make sense to say an individual “deserves” their money when most of what their money is worth is created by other people?

As I’ve said before, too many jobs today do harm, do evil, rather than good.  The health insurance industry in the US makes its money essentially by denying care.  Hydrocarbon companies actively stand in the way of stopping climate change.  Many food companies produce food which they know leads to diabetes, obesity and chronic disease.

These jobs, these industries, actively decrease the well-being of individuals and of society.  They decrease the real value of money, because money which cannot buy well-being is worse than worthless, it is actively harmful.

Who does more harm to society, someone on welfare, or a banker who contributed to the biggest financial crisis since the Great Depression?  Who deserves more?  I find it hard to say that the banker deserves more than the person on welfare, for he or she has done vastly more harm.  Perhaps the banker works harder, but is working harder to do harm so praiseworthy?  Is it worthy of reward?

No compassionate society can base distribution of money or goods entirely on contribution to society.  If we say that those who don’t contribute deserve nothing, we move quickly into dystopic territory, because someone who receives no goods, dies.  If we take the harm principle too seriously, we could easily move into a scenario where we would find the arguments for killing those who do harm overwhelmingly strong.  And make no mistake, those in power, private or powerful, can do more harm than almost any garden-variety criminal can.  Even a serial killer doesn’t kill as many people as a bad policy can.

Justice recognizes that so much of what we are, so much of what we do, is based on circumstances.  Humans are malleable, most people, under the wrong circumstances, will do the wrong thing.  Most people, under the right circumstances, will do the right thing, too. That does not mean that we can tolerate too much of the wrong thing, it does not mean we say “oh, they couldn’t help themselves”, it simply means that we put the emphasis on correction, not vengeance; it simply means that we are compassionate, as we would hope others would be compassionate to us.

So we give a good living to those who contribute little, we correct those who do harm, if necessary through criminal sanctions, but better by finding work for them where their talents can do good, not harm.  We do not allow major industries which do more harm than good.  We recognize that people do change, and someone who is not contributing as much as we might want right now may contribute more in the future.

Knowing that most of the value of money is not individual, that even the most rewarded are rewarded because of the society and times he lives in, we put a cap on rewards.

(Note: There is much more to say about economic justice.)

Justice is not Law, Law is Not Justice

A law is deserving of respect to the extent, and only to the extent, it is just.  A law which is not just deserves only the level of obedience one gives to any group or individual who says “do this, or I’ll hurt you.”  That is, to the extent that you believe their threat is credible, you may choose to obey to avoid the adverse effects of being caught disobeying.

The recent imbroglio over Aaron Swartz has seen a lot of people using the word “proportionality”. It does not matter if someone is guilty of a crime if the punishment is disproportionate.  In England the penalty for stealing a chicken, at one point, was death or being sent to a penal colony (Australia).  Juries started refusing to convict people even in the face of incontrovertible evidence of the accused’s guilt.  The sentencing had to be changed: stealing was not made legal, rather the penalty was reduced.

In the US at the current time, going to jail, for many people, means being raped.  Often repeatedly.  So I, personally, am not willing to send anyone but the worst criminals to jail, because I do not believe in judicial rape.  The punishment does not fit the crime.  Likewise it has come to be that if you are a felon you will never have a good job ever again.  Everyone does a background check.  Again, this is disproportionate to most crimes. It is also stupid, since people who cannot get a good job, or any job, are much more likely to turn to crime.

The US system provides for people having timely trials.  In most cases this is no longer true: you do not have a right to a timely trial.  People’s lives are destroyed in the pre-trial period, which can go on for years. This happens for the same reason that most cases never get to trial, but are plead out: the system could not afford to give a trial to everyone because there are too many people being shoved through the system.

Graph of incarceration in the US over time

From Wikipedia

The graph at the right tells that story well enough.

This is a social choice.  Americans chose to lock  up a lot more people by criminalizing drug possession, by removing judicial discretion, and by increased mandated sentences.  Laws such as “three strike” laws are the paradigm.

This happens, notice, exactly at the election of Reagan.  Something changed in America.

Pleading out is not fair.  It is not fair to society or to the felon.  Both deserve a trial, to find out the truth.  If society has laws which mandate X years, then those laws should be followed.  If they cannot be followed in a just way, with little pleading and speedy trials, if following them would take more resources than a country will commit, then the laws must be changed.  This is especially the case in a country where it is no longer always possible for the accused to face their accusers or to see the evidence against them, or even to know what the law is, since America now has secret laws and secret interpretations of laws.  (A secret law is, ipso facto, unjust.  If you do not understand that, I cannot explain it to you.)

Full trials, and the full protection of the law, such as it remains, now belongs only to those who are very wealthy, and sometimes not even to them.  Defending a trial can take hundreds of thousand or millions of dollars.  An ordinary person cannot afford it.  Public defenders are overworked, underfunded, and generally plead out.  This is on top of the fact that most rich criminals, such as the bankers who committed widespread fraud, are never charged with crimes, and if they are charged are allowed to settle with a token payment which immunizes them from further charges for their criminal acts, acts which demonstrably cost hundreds of thousands of people their houses, lost people their jobs, and even their lives.  Law which is enforced only against some classes of people, and not against others, is unjust.

And then there is civil forfeiture, in which people who have been convicted of nothing, have their assets taken away.  Even if you’re rich, you may find yourself using a public defender.

A social system only works if there are people willing to carry it out. The USSR collapsed when the people running it were unwilling to call out the army.  That same class of people, in the Prague Spring, did call the army out.  It collapsed because the factory workers weren’t working, the farmers weren’t farming, and so on.

The US legal system (it does not deserve to be called a justice system) works because people carry out its dictates.  The people who run the prisons put up with, or even encourage the rapes.  Private companies make money from prisoners, so need more prisons. The police make huge amounts of money by seizing the assets of “criminals” before they are even convicted.  The judges put up with the 3 strikes laws and mandated sentencing.  They allow trials to be put back and back rather than throwing them out due to lack of a speedy trial.  Everyone is onside with plea bargaining.  The rich are good with this because they either get a real trial, or they don’t get charged at all.  The middle class think that if they’re “good” they’ll be ok, till they find out otherwise, and the poor put up with it because of a boot in the face and much more.

The principles of fixing the system (never use the word reform, it means making things better for the rich and worse for everyone else) are simple enough.  No secret evidence.  No secret laws.  No secret interpretations of law. No tolerance of rape in prison.  Nobody gets plead out if the plead involves doing jail time or becoming a felon.  No criminal record checks for jobs which don’t really really need them, so that prisoners can  reintegrate into society.  End civil forfeiture.  Allow no private defense attorneys, everyone uses a public defender including the rich, and the defenders are drawn by lot (they will be very well funded very quickly, and they will be the best lawyers in the country.)   All this will make enforcing current laws impossible with the current budgets Fine. Give judges back discretion, remove three strike laws and overly harsh sentencing, repeal virtually all prohibition laws for most classes of drugs.  Stop sending people to jail for IP offenses, and create an economy which gives poor people real jobs.

Or spend the money necessary to keep laws as they are now, but also have them be enforced justly, even if they still aren’t just.  That will mean a LOT more money, but if it’s important to Americans to lock up people for non-violent drug crimes, they should put their money where their “values” are.

Otherwise, everyone who supports the current system, is part of a system which is unjust.  More crudely, if you don’t at least support fixing the prisons so people arent’ predictably raped, you are complicit in rape.  And by support I mean you are either willing to pay to imprison the current number of prisoners humanely, or you are willing to send less people to prison so the current amount of money will do the job.

There is no justice without proportionality, no justice in a land with secret laws, no justice in a country where the rich skate and the poor plead out.  There is only law, the same law the Stasi proclaimed: do what we say or else.

Fire Ortiz, the prosecutor who hounded Aaron Swartz

Swartz, if you hadn’t heard, was being hounded by Ortiz for downloading millions of JSTOR academic articles.  They claim he was going to publish them, and were seeking decades in jail, and a million dollars in fines.

Swartz committed suicide.

Lessig has a petition to fire Ortiz.  You should sign it.  Either Obama will fire Ortiz, which is good, or he won’t, which will make clearer how broken the official systems of protest and redress are.

Fire Ortiz.

The Gaza Reminder

is about the value of human life.

When I was a child, my father once threw some Christian evangalists off our property.

They had said, “everyone who doesn’t believe in Christ will go to hell.”

Now my father had a temper, but the way his voice dropped to a whisper, and the step he took towards them screamed incipient violence and they virtually ran.

I didn’t ask why, but he told me.

“I lived in Bangladesh, Malaysia and other Muslim countries for years.  Anyone who tells me that the good people I knew are going to burn in hell, can go to hell.  I’ll have nothing to do with any God who does that or people who believe that.”

I always remembered that.  Truth be told my father was slightly racist himself, he was of that generation.  But he was ashamed of it, he knew better, and he fought it.  What he understood was something simple: every human life has the same value.  Any moral system which places one life above the other is not ethical, it is evil.

We in the developed world, and in America and Israel in particular, don’t believe that.  We don’t even, any more, give it lip service.  And we especially don’t believe that a Muslim life is worth the same as an American life, or an Israeli life, or well, pretty much any non-Muslim life.  When Madeline Albright can say that half a million dead Iraqi children is a price worth paying for the sanctions, even before 9/11, we’ve become inhumane.

Osama bin Laden once asked, rhetorically, if Muslim blood was red, and if Muslim children were worthy of life as much as American children.

Israel is doomed.  The generation of young American Jews do not have the loyalty to Israel, no matter what it does, that older American Jews, as a group, have.  The world is coming to see Israel as an apartheid state, which is what it is.  The demographics are against it, and at some point America will cut Israel off, and Israel’s economy is not sustainable without the US.

And more to the point, somewhere, alive today, is the person who believes that losing Jerusalem is an acceptable price for wiping out Tel Aviv.  That person has been created by Israeli policy, by Western policy and by Saudi policy.  Israel is a small country.  It will not exist in 50 years.  It may be destroyed in an apocalyptic terror attack, it may be destroyed in military action, it may be destroyed by demographics, it may fall apart economically.  Its military advantage is already going away.   Hezbollah took away Israel’s armor advantage, straight up defeating them in their last invasion of Lebanon.  The Israeli air force was unable to substantially dent Hezbollah’s missile force, despite complete air supremacy.  If Hezbollah had had the good missiles, it could have wreaked much more damage.

Right now Hamas has rockets.  They look like something out of the 15th century.  They are pathetic.  It won’t stay that way forever.

All this before we get to the fact that Israel’s military is incompetent.  They are no longer the Israeli military of 68, they are an occupation military, and occupation militaries are only good at fighting weaklings, they always become corrupt, brutal and weak themselves.

Israel faces a stark choice: the two-state solution is no longer viable, there is not enough water and arable land, and too much population.  It can no longer work.  Israel can either become a secular single state, giving a vote and rights to everyone, it can ethnically cleanse out all Palestinians and become a pariah state, or it can cease to exist (option 2 and 3 may both occur).  Its end, moral or physical, may occur through terror, demographics, war, economic collapse, military decline or more likely, some combination, but it is as close to any historical process comes to inevitability.

Israel is acting like a monster, killing vastly disproportionate numbers of Palestinians.  But the grave it is digging, in the not so long run, isn’t that of the Palestinians, it is its own.

W.H. Auden once wrote the line that applies to Israel, and to the Palestinians, for that matter: Those to whom evil is done, do evil in return.

I can find no joy in this, no happiness, but it is what it is.  If Israelis, not Israel the religious-ethnic state, want to avoid catastrophic destruction, their only solution is simple: stop doing evil, and start doing good.

People will dismiss that as naive, but it is the hardest of hard headed pragmatism, and as such, is advice unlikely to be taken.

Those to whom evil is done, do evil in return.

The US does not have justice or even the rule of law

and whether the public approves or disapproves is irrelevant.  Black letter law, on the books, makes most of what the banks did leading up to the subprime crisis illegal.  It was fraud.  Black letter law makes the war on Iraq a war crime, and no one went to jail for that.  Black letter law does not allow freestanding resisting arrest charges, and those happen all the time.  Basic law states that an accused has a right to face their accuser and see the evidence against them, that no longer occurs in many cases.  Basic justice says that you can’t punish someone without a trial, and the “no-fly list” indicates that is no longer true (along with being unable to face your accusers and see the evidence against you.)  The US Congress retroactively made wiretapping without a warrant “legal” and if I have to explain why retroactive immunity is wrong I give up.  Basic justice says that secret laws and secret courts are unjust, yet the US has plenty of both.

This is not just an issue with the US.  During the G20 up here in Toronto the Ontario government used a SECRET LAW to strip civil liberties from anyone in the downtown Toronto core.  Of course, it must be said that the public couldn’t give a shit, it was not an issue in the next election.

In Britain, after the riots, family members of those convicted of crimes were evicted from public housing.  Collective punishment of family members is unjust

And, in most countries today, the rich and powerful are not even charged with crimes that their “lessers” regularly do jail time for.

It is done.  It is over.  The US is not a nation of laws, it is a nation of men, and the law does not treat everyone equally.  You do not even have the right to a trial before punishment, to see the evidence against you or to face your accusers.  And virtually every other nation in the so-called developed world is walking down the same road.

Is the individual mandate really the hill progressives want to die on?

Really?

The individual mandate is lousy policy.  It always was.  It is especially lousy policy without a large (100 million +) public option.  The health care plan is, for all intents and purposes, a 90’s Heritage plan.

This?  This is what progressives want to fight for?

BMaz has a good article up on whether the bill is Constitutional.  Me, I don’t know if it’s Constitutional.  But what I do know is that if I were a conservative Justice, I’d want to just strike down the individual mandate and leave the rest in place, because I would laugh myself sick every night watching Obama have to kill the bill himself, getting rid of guaranteed issue, community ratings, and so on.  Because Obama would have to, and would.  He made a deal with the health insurance companies.  In exchange for some concessions, what they received in exchange was every American being forced to buy their shitty product.  And while Obama doesn’t keep promises to left wingers, he does keep promises to people like the CEOs of health insurance companies.

Still, watching “progressives” defending the individual mandate is just another reminder of why I don’t call myself a progressive.

Go and die on a hill, for forcing Americans to buy shitty insurance from evil companies which aren’t properly regulated.

I’ll just sit here on the sidelines laughing myself sick.  With progressives like these, who needs right wingers?

London Riots #3: Context

Wow, just wow:

One journalist wrote that he was surprised how many people in Tottenham knew of and were critical of the IPCC, but there should be nothing surprising about this. When you look at the figures for deaths in police custody (at least 333 since 1998 and not a single conviction of any police officer for any of them), then the IPCC and the courts are seen by many, quite reasonably, to be protecting the police rather than the people.

Yeah.  Ok.  Go read the rest.  What is surprising is that they hadn’t already rioted.

No war but class war, folks.  The rich understand this, and they have been practicing it.

Osama’s Death Changes Almost Nothing

I’m rather more interested in the Canadian election, which is also rather more important than Bin Laden’s death, but let’s run through this.  First, however, insert obligatory “he’s a mass murderer who deserved death” statement here.  OBL was an evil man and I’m not sorry he’s dead.  I’m even kind of glad they killed him rather than capturing him, if only for the purely selfish reason that I didn’t really want to have to defend OBL when they tortured him, as, of course, they would.

Bin Laden still won: Yeah, sorry, but Bin Laden’s goal was to push the US into imperial overreach, causing economic collapse.  He succeeded, with a lot of help from Bush and Obama’s stupidity, and there was nothing in Obama’s little speech that indicated he intended to seize this opportunity to pull out of Iraq, Afghanistan and end the security state.  If anything, the security state will go into even further overdrive.  Enjoy being groped.

No Drawdown, No End to Destruction of Civil Liberties And yeah, if Bin Laden hated America because of America’s freedoms (he didn’t) well he still won.  The 4th amendment is dead, the 1st is on life support, and the TSA freely humiliates you or denies you freedom to travel at their whim.

No, it doesn’t mean Obama has won in 2012 The election isn’t going to be about national security, per se, it’s going to be about the economy.  Hating Osama is great’n’all, but it doesn’t put a chicken in a pot, give you a place to live, or a job.  It doesn’t reduce the price of gasoline one cent.  The election is still well out, this euphoria will fade.  That doesn’t mean Obama will lose 2012 either.  It just means it isn’t as big a factor as most people seem to think it is.

Terror Networks: Doubt it makes all that much difference here, either, honestly.  Most al-Q’aeda groups are essentially franchises, and the main one isn’t that important.  I’m sure CIA agents stationed in Afghanistan in charge of drone attacks are breathing a sigh of relief, however.  More to the point, it’s not clear to me that Osama is less dangerous as a martyr than as a living old man attached to a dialysis machine.

Bin Laden deserved to die, but when the euphoria dies down, his death doesn’t change much, if anything.  He still accomplished his goal, a goal he was willing to die for.  The Muslim world, Afghanistan and Iraq (and I’m sure, to his dying day, Bin Laden thought the Iraq invasion was a gift from Allah), are still going to be the graveyard of empire, this time the US empire.  Oh, it’s not dead yet, but historians will look back to the invasion of Iraq and the continued occupation of Afghanistan as massive contributing factors.

So, whatever.  Celebrate and have a good time, but the wars will go on, the 4th amendment is still a dead letter, the 1st amendment is on life support, the economy is in the toilet, gas is over$4 a gallon, Democrats and Republicans are still negotiating how fast to cut your SS and Medicare, unions are still being gutted, schools are still being turned into profit centers, and TSA agents will still touch your junk.

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