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Was John Locke a Proto-Libertarian?

English philosopher John Locke is widely regarded as the father of liberalism. Libertarianism is a product of this liberal tradition, much to the embarrassment of today’s American liberal progressives who successfully coopted the term in the early twentieth century, irrevocably associating it with the Left. 

However, if Locke was the progenitor of liberalism, and libertarianism is a branch in its tree, then the question arises: was Locke a proto-libertarian? (“Proto-libertarian” is the term used by Zwolinksi and Tomasi in The Individualists to describe foundational thinkers in the libertarian tradition who predate the emergence of the term).

Whether modern “liberal” states like Australia reflect the Lockean hope or the anarcho-capitalist fear regarding the security of property is well beyond the scope of this short essay.

The fact that those advocating small government, the sanctity of private property, the virtues of free market capitalism and genuine individual freedom (of the kind that allows people to do and say things that offend) can and do claim to be the true heirs of liberalism scandalises today’s self-described “liberals” who believe in redistributing wealth, constraining the evils of capitalism, enacting social justice and protecting citizens from “hate speech.” Libertarians, whether they recognise it or not, are party to a conflict over the legacy of Locke.  

Locke, like all political philosophers of his day, began with the human being’s “state of nature,” which is to say assumptions about the fundamental nature of human existence before the emergence of society, government and the state—the human animal in its natural habitat, if you will. Locke believed that the human being’s state of nature was absolute freedom. “Man,” he maintained in the Second Treatise on Government (1690), was “absolute Lord of his own Person and Possession, equal to the greatest, and subject to no Body.” So far, so libertarian. The question, given this state of nature, was on what legitimate grounds any human being could willingly cede this absolute freedom to form society, with its structures of power, authority, law and government? If man is free, Locke asked, how could he “subject himself to the Dominion and Controul [sic] of any other Power?”

if Locke was the progenitor of liberalism, and libertarianism is a branch in its tree, then the question arises: was Locke a proto-libertarian?

Locke’s answer rests in property. In the state of nature, he observed, the human being was vulnerable to the “invasion of others.” As such, man’s “enjoyment of the property he has in this state [of nature] is very unsafe, very unsecure.” It is this insecurity, according to Locke, that led humans to form societies for the “mutual Preservation of their Lives, Liberties and Estates.” Human beings, though absolutely free in the pre-societal state of nature, nonetheless surrender some of their freedom in order to secure their property. It is important to note that in this Lockean perspective property precedes the formation of society and the state, which is to say that it is a pre-political natural right. The Lockean state, therefore, exists specifically to safeguard the individual’s natural right to property. 

At this point we run into controversy regarding the relationship of Locke’s justification for the state with libertarianism. Minarchists, of the classical liberal variety, are inclined to agree with Locke that the state, along with its coercive power, can be justified on the grounds of the protection of property, including the most valuable property, human life. On the other hand, the anarcho-capitalism finds itself in total opposition to this Lockean justification of the state. The rationale for forming a state in the Lockean schema is the threat posed to property by other human beings. In the anarcho-capitalist perspective, in contrast, it is in fact the state that poses the greatest threat to property rights, through its extractive and appropriative tendencies. Whether modern “liberal” states like Australia reflect the Lockean hope or the anarcho-capitalist fear regarding the security of property is well beyond the scope of this short essay. I merely note that Locke could scarcely have predicted, let alone conceived, that the European states of his day, with their weak administrative capacity, could evolve into the gargantuan authoritarian behemoths that we know today, with their ideological and technological capacity to regulate and monitor every domain of human life. 

In any event, we will never know whether Locke would have embraced the label “libertarian” were he alive today. But his recognition of the essential pre-political human rights to freedom and property, along with his attempts to justify the existence of the state solely on the basis of securing its citizens’ property, are enough to warrant his description as a proto-libertarian, i.e., someone who tilled the soil out of which libertarianism was to grow more than three centuries later. What’s more, it seems unlikely that Locke would recognise what passes for “liberalism” today in America, and increasingly in Australia, as sharing and articulating the ethos of his political philosophy. Libertarianism may be a neologism born of the need to disassociate classical liberalism from the leftward drift of the term “liberalism” in the twentieth century, but its ideas have a long pre-history tracing back through English, French and American liberalism all the way to its source, more than three centuries ago, in John Locke. This should not be forgotten.

Trump promised libertarians. Here we go!

As I write, the American Left’s echo chamber is strangely silent, no doubt stunned at the announcement.

Let’s set the scene: Across the swampy stench of Washington D.C., where the only things typically ‘efficient’ are the lobbyists’ ability to secure pork barrel projects, comes a revivifying breeze. It’s not just any change; it’s the kind of disruptive innovation that could only come from someone who thinks space travel should be as common as a trip to the supermarket. Here’s Elon, not content with electric cars, interplanetary colonisation, and brain chips, deciding to take a crack at what might be his most Sisyphean task yet: making the government efficient.

Now, imagine the reactions. The Left, already on edge from Milei’s ‘Afuera!’ chants across the pond, are positively quivering. ‘Elon’s gone too far this time!’ and ‘Ron Paul will be the end of us!’ they’ll wail, as if expecting the sky to fall because someone dared to challenge the Deep State. They see visions of chainsaws to the bureaucratic red tape, of waste being not just reduced but annihilated. To them, it’s as if Musk has invited a von Mises vampire into the house of government – not because he’s inherently evil, but because he’s going to drain it of all its toxic, contagious blood.

This isn’t just about cutting fat; it’s about rethinking the very structure of government.

And you can understand why Elon might want to spice things up. He’s a libertarian now in all but having ‘I Love Hayek’ tattooed on his forehead. Consider his recent revelations. The government fined Space X $140,000 for the crime of spraying fresh water on his launching pad to cool the rockets on take-off. We’re talking Brownsville, Texas, which annually receives 700+ mm of fresh water just in rain alone but, no, Elon’s fresh water is an environmental disaster. 

Then there was the ensnaring Catch-22 by the Kafkaesque bureaucracy. One law forced him into DEI hires of illegal immigrants while the other law bound him to only employ US citizens for defence security reasons. Cop that! Damned if you do. Damned if you don’t. No wonder Elon’s now a libertarian and turned to the Grand-Poo-Bah of freedom fighters in the good doctor from Texas.

And why not? If you’ve ever tried to navigate the bureaucratic labyrinth of even Australian federal departments, you’ll understand why this might just be the revolution Americans need. Here’s Ron Paul, the man who once asked, ‘Where in the Constitution is there any authority for Congress to fund education?’, now potentially wielding the scalpel to slice through the Gordian Knot of government department duplication.

Consider this: the US has departments that could be triplets in their redundancy. There’s the Federal Department of Education, the State departments of education, and the local government school district departments. What the first two do, apart from employing teacher union reps, no one knows. And then there’s the US Department of Energy, which might as well be named the Department of Irony given its track record on energy efficiency. Both could do with a severe diet and who better than Dr Ron Paul, the perennial advocate for limited government, to serve up the meal plan?

It’s not just any change; it’s the kind of disruptive innovation that could only come from someone who thinks space travel should be as common as a trip to the supermarket.

This isn’t just about cutting fat; it’s about rethinking the very structure of government. Elon Musk, with his penchant for first-principles thinking, might just be the catalyst needed to ask: Why do we have all these agencies? What are they actually achieving? And most importantly, do we need them at all?

Hell, government might get a new three-letter agency: KPI.

Oh, the fear and loathing this move will garner from the financially-affected Left. They will see this as the first domino leading to the end of civilisation as we know it, the sky will fall and we must warn the king and the rest of the town! They’re terrified of the idea that government might actually serve the people, not the bureaucrats. They envision a world where their pet projects might get the axe, where the gravy train of government waste might finally derail.

Gone, the mercantilism causing democratic drift. Gone the corporatism and consultants with their snouts in the troughs.

Yet, for those of us who dream of a government that functions with the precision of a Tesla assembly line, this is a moment of hope. If Ron Paul and Elon Musk can bring to the government the same disruptive innovation seen in SpaceX or Tesla, we might just see the start of a Great Revolution in America, resulting in a government that’s lean and, mostly, out of our lives.

All hinges on a Trumpian victory.

As we Australians watch the greatest spectacle on Earth, mindful of our observer-status but somehow still drawn like a moth to flame, let’s raise a glass to the potential end of American decline. And here’s to Elon, who operates by first principles, and Ron, as principled as they come and possibly entering his last act of public service. May these tenacious two be poised to make the Department of Government Efficiency not just a dream, but a reality.

Afuera!

This article first appeared in the Spectator Australia.

Faulty Towers

NIMBYism, building costs, consumer tastes, regulation and taxation will keep Victoria’s housing supply low, despite efforts from the Allan Government to power ahead with new developments. 

Despite the best efforts of the Victorian Liberal Party, the political winds are indeed changing in Victoria, and Jacinta Allan has laid out her plan to rise from the ashes of a heavily indebted and incompetent government. The plan is currently three-fold:

  • Release new land for greenfield development 
  • Adopt an Auckland-style relaxation of restrictions on subdivisions or development on existing blocks to encourage a proliferation of townhouses and granny flats
  • Most controversial – to develop various ‘activity centres’ within suburban Melbourne, including affordable high-density housing. 

Perhaps the silver lining is in middle suburban townhouses – less objectional to nearby residents, attractive to prospective buyers and profitable for developers.

We aren’t talking about large-scale social housing construction by government. The policy is very much an open invitation to developers and homebuyers in Victoria. However, those key groups are not really interested in building or buying affordable, high-density housing, no matter how good the location. 

The Covid 19 pandemic, along with the work from home arrangements prompted by it, created a wave of demand for housing in regional/rural areas with larger blocks and dwellings, given the reduced value of city amenity while locked at home. As both the public and private sector attempt to re-establish on-site work, Allan hopes to revitalise Melbourne by concentrating new housing around transportation and employment hubs. 

But the fact is, Australians don’t really like living in apartments or units. Indeed, if recent demonstrations in Brighton are anything to go by, we don’t like living anywhere near them! For years now, unit prices in cities such as Melbourne have virtually flatlined as supply has increased but demand has tapered off. The price of free-standing houses, on the other hand, has skyrocketed. 

The cultural attitude towards apartments in general is one of suspicion. While houses and residential land are revered as sound investments, apartments are known to attract less capital growth, are expensive to own (strata fees, etc), and prone to defects. No matter how many trains go past a day, Australians will happily pay a premium for a detached house.

The policy is very much an open invitation to developers and homebuyers in Victoria.

But what really brings Labor’s proposal to its knees is the economics of building high density housing. Developers are facing increased material and labour costs due to inflation and competition from major government infrastructure projects, while also navigating a myriad of regulations and taxes. As a result, apartment blocks are typically developed for the boutique and high-end market. Affordable high-density housing simply isn’t worth it in the current economic environment. 

As for greenfield sites, they have issues of their own – not least that Allan’s proposal will see many future sites not delivered for another decade. Basic road, water and sewerage infrastructure costs are higher, and increasingly Melbourne is eating into its nearby food bowl and placing new residents at the mercy of increased fire and flood risk at the urban fringe. 

Perhaps the silver lining is in middle suburban townhouses – less objectional to nearby residents, attractive to prospective buyers and profitable for developers. This approach will allow for controlled infill – not flooding existing suburbs with hordes of new residents but still making better use of existing infrastructure and space. 

Allan’s government and other Labor divisions have sensed the need to differentiate themselves as the party which will genuinely increase housing supply, whilst labelling any opposition from the Greens and Liberals as ‘blocking’. If the recent Queensland election results are anything to go by, the strategy might be a cunning one in metropolitan seats.  

However, if Allan is serious about adding new supply to Melbourne’s housing stock, she ought to ask herself why she has made Victoria the most unattractive state for housing and business investment in the country. Only by removing onerous property, land, and windfall gains taxes, easing the regulatory burden on new builds and slowing their bungled infrastructure program, could she hope to actually stimulate new home building.

Breaking the Adoption Taboo

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Over 40,000 Australian children are currently in government-sponsored care. Approximately 30,000 have been there for more than 2 years. Less than 200 were adopted.

The first question that must be asked is, ‘Why are so many children cycled in and out of government care?’ And second, ‘Why are there so few adoptions in Australia?’

Compared with similar countries Australia has very low rates of adoption.

It seems the chief barrier to increasing the rate of adoptions in Australia are state and territory government child protection authorities. In South Australia, for example, the inquest into the death of toddler Chloe Valentine revealed the abject squalor of the environment the child was forced to endure – an environment authorities were well aware of. 

The best interests of children should be at the centre of child protection systems

An anti-adoption culture appears to be ingrained in state and territory child protection authorities.

Jeremy Sammut, from the Centre for Independent Studies, has written extensively on this issue*. He summarises the situation as follows: 

“Australia’s child-protection system keeps applying the same, flawed strategies which basically means children are harmed by the very system that’s meant to protect them. It puts an over-emphasis on family preservation prolonging the time children are kept with highly dysfunctional families. When, as a last resort, they are finally removed they are churned through unstable foster care and returned to their families where the reunification is likely to break down. For many children, they spend almost all of their childhood and adolescence in care and never get a permanent and safe family for life. Many of these children could have, should have, been adopted.”  

19th Century English philosopher and parliamentarian John Stuart Mill was one of the first to declare that “Children have independent rights as future citizens. If parents fail in their obligations to fulfil those rights, then the State should step in.”

Regrettably, the rights of abusive parents seem to outweigh the rights of abused children.

It has been 50 years since the introduction of the single mother’s pension by the Whitlam Government. This policy helped end the practice of forced adoption as the provision of taxpayer-funded income support gave women who became pregnant out of wedlock the option of keeping their children. 

The unintended consequence, however, is that welfare for single mothers has led to the very social problems forced adoptions were designed to prevent – the inability of many single mothers to properly care for their children. 

The right to welfare became a pathway to welfare dependency which has contributed significantly to the scale of the child protection crisis confronting Australia today.

In South Australia last month, a bill was introduced into the parliament requiring that women who choose to terminate a pregnancy after 28 weeks not euthanize the child and induce it stillborn, but deliver it alive. 

After 28 weeks, with proper care, babies are viable outside the womb.

The bill did not prevent women from terminating their pregnancies, it only insisted that if a woman decided to terminate her pregnancy after 28 weeks, the baby must be born alive, not euthanized and be born dead.

The first question that must be asked is, ‘Why are so many children cycled in and out of government care?’ And second, ‘Why are there so few adoptions in Australia?’

Presumably, as the woman was planning to abort the child, giving the child to a loving couple to adopt would not be opposed. This would have given rise to a significant number of new adoptions.

The bill was defeated 10 votes to 9 in South Australia’s Upper House.

As a woman’s ‘right to choose’ a termination was not being compromised, why anyone would oppose saving the life of the child when it was going to be aborted anyway is beyond me. 

In 2019, the Federal Government’s House of Representatives Standing Committee on Social Policy and Legal Affairs Report, ‘Breaking barriers: a national adoption framework for Australian children’, stated that the best interests of children should be at the centre of child protection systems.

Five years later, little has changed.

For children who are unable to live with their biological parents, adoption has been internationally proven as the best way to provide a safe, stable and loving family life.

While it has been argued that adoption robs children of their identity, modern ‘open adoption’ models which are specifically designed to maintain children’s connections to their cultural heritage and birth families disprove such claims.

It has also been claimed that adoption will steal children all over again. Again, NSW adoption reforms disprove such claims.

The perception that adoption is a socially unacceptable and illegitimate practice based on past practices such as forced adoptions and indigenous experiences must end. There can be no meaningful change or end to the cycle of intergenerational dysfunction until that taboo is broken.


*Dr Jeremy Sammut is the author of several research papers and the book, ‘The Madness of Australian Child Protection: Why Adoption will Rescue Australia’s Underclass Children’. His research influenced reforms which were passed in 2018 by the NSW Parliament.

Bacon Sandwiches, Sausage Sizzles and Red Tape

On Saturday the 5th of October 2024, a friend and I were visiting Melbourne when we decided to attend an anti ACMA bill protest being held on that day. Upon arrival, I noticed a sausage sizzle but was disappointed to find there were no bacon sandwiches, just sausages in bread.

Later I went up to the stall to suggest they add bacon sandwiches to their next sausage sizzle. I was informed that bacon sandwiches required separate permits to sell at community events, with the bacon sandwich permit being more difficult to obtain.

I walked away feeling slightly annoyed that I could not buy a bacon sandwich because of some stupid government rule. It may not be the worst of government transgressions, but it is certainly a great example of regulations and red tape having an inconvenient effect on everyday life. 

Although some council bureaucrats responded to my question in a manner that easily answered my question

Upon returning to my home city of Adelaide, I decided to contact a range of councils in South Australia and the rest of Australia to see how common it is to require separate permits to sell sausages and bacon sandwiches. I contacted all the councils below on the 8th of October 2024.

Below is the following enquiry I sent them: 

“Hello,

I was just wondering, if I were to organise a community event or help organise a community event such as a community footy game or even a protest, would I require separate permits to sell both sausages in bread and bacon sandwiches at a stand or would I be able to sell both sausages in bread and bacon sandwiches on the same permit? 

Thank you  

Jessica Colby.”

Although some council bureaucrats responded to my question in a manner that easily answered my question, some did not, and some were even unsure whether bacon or sausage sandwiches could be sold under the same permit as if this was an extremely difficult question.

Many responded mentioning event permits. I would reply to these emails asking whether I would be able to sell bacon sandwiches and sausages in bread under the same permit or would I require separate permits. Some did eventually answer my question although that wasn’t always the case. 

Some gave answers that were confusing and even contradictory. A few would direct me to other people or tell me to contact some government health organisation and say they were unsure. A few insisted on speaking on the phone rather than email and one even told me to contact some other authority about getting other permits before they would further discuss my question.

I believe that this example illustrates how red tape unnecessarily restricts our everyday lives and makes things that should be simple more complicated than they need to be. Explaining how government overreach affects our lives at the daily level is a great way to mobilise the community against government overreach. 

Below I have created a chart of council areas in South Australia and around Australia showing my attempts to interpret the responses I received from council bureaucrats as of the 18th of October 2024. 

Yes: Separate permits required to sell bacon sandwiches and sausages in bread.

Bacon sandwiches required separate permits to sell at community events

No: Bacon sandwiches and sausages in bread can be sold under the same permit.

Inc: This covers a range of responses including an unclear answer, or I found confusing, no clear response or I was directed to someone else. This also includes responses where I asked them to clarify their response, and was still waiting on a further response as of the 18th of October 2024.

NR: No response as of the 18th of October 2024 other than automated replies and updates that my enquiry was being transferred to some other council representative to answer it.

N/A: Turns out Sydney does not permit food to be sold at community events or protests. 

Council AreaStateSeparate permit required to serve bacon sandwiches and sausages in breadNotes
City of Adelaide SAInc
City of BurnsideSANoMust be under same marque or kitchen to use same permit to be covered under same notification
City of CampbeltownSAIncTold to contact Eastern Health Authority
City of Charles SturtSAIncLikely yes
Town of GawlerSANo
Town of WalkervilleSANR
Adelaide Hills CouncilSAIncGiven a list of people to contact
City of MarionSANo
City of MitchamSAIncLikely yes but not 100% sure
City of Norwood, Payneham & St PetersSANR
City of OnkaparingaSANo
City of PlayfordSAInc
City of ProspectSAInc
City of SalisburySANo
City of Tea Tree GullySANo
City of UnleySANo
City of West TorrensSANo
Mid Murrey CouncilSANo
City of Port AugustaSANo
City of Port LincolnSANo
Flinders Ranges CouncilSANo
District Council of Mount BarkerSANoAs long as all the food sold at the stall is listed on the one application form, only one permit will be required for all.
Berri Barmera CouncilSANR
District Council of Loxton WaikerieSANR
District Council of GrantSANR
Roxby CouncilSANoNeed FBN number
City of HobartTASNo
Tasman CouncilTASNo
North Canberra Community CouncilACTIncTold to contact Access Canberra
City of DarwinNTIncTold to contact Northern Territory Health Department
Alice Springs Town CouncilNTIncWas told to contact NTG Health as the council officer was unsure on the specifics of whether both can be cooked under the same permit.
City of PerthWANR
City of BunburyWANo
City of Greater GeraldtonWANo
City of RockinghamWANoSausage sizzles need one permit that includes both bacon sandwiches and sausages in bread
Shire of BroomeWANo
Brisbane City CouncilQLDNo
Sunshine Coast CouncilQLDNR
Cairnes Regional CouncilQLDNR
City of TownsvilleQLDNoNeed a separate permit for every separate food stand
City of MelbourneVICYes
Yarra City CouncilVICNo
Maribyrnong City CouncilVICYes
Whitehorse City CouncilVICNR
City of Greater GeelongVICNR
City of Greater BendigoVICNo
West Wimmera Shire CouncilVICYes

Mildura Rural City CouncilVICNR
City of SydneyNSWN/AFood cannot be sold be sold at community events or protests in Sydney
Georges River CouncilNSWInc
Waverly CouncilNSWInc
City of Wagga WaggaNSWNo
Broken Hill City CouncilNSWNo
City of WollongongNSWNo
Dubbo Regional CouncilNSWIncWas told in the final email that ‘there is no such thing as a permit’ ???

I’ve got a little list

In Gilbert and Sullivan’s opera The Mikado, the character Ko-Ko is appointed to the position of Lord High Executioner. He prepares a list of people to be executed, singing: “I’ve got a little list. They’d really not be missed.”

I’ve often thought this should be the way we deal with those responsible for Australia’s tragic response to the Covid hysteria. I have a list, and I really don’t believe those on it would be missed. The question is, is it more than a fantasy? 

A Royal Commission is regularly mentioned as the best way to bring guilty politicians, bureaucrats, and other officials to account. Royal Commissions certainly have broad investigative powers, but they cannot decide guilt or innocence. They can only make recommendations. 

A Royal Commission is only as good as its terms of reference, which are written by the government. There is an unwritten rule on that – only establish an inquiry when the outcome is either already known or won’t do great harm to the government.  

There is also a problem with jurisdiction. A Commission established by the Commonwealth is limited to investigating federal issues. That would include international border closures, repatriating Australians, vaccine ordering, the vaccine rollout, use of troops, and the advice of the Commonwealth Health Officer and health agencies. It could also look at what the federal government failed to do, such as follow its own pandemic plan or challenge the states’ border closures. 

Do the crimes perpetrated by our public health officials, politicians and others meet that standard of severity?

It would require a state-initiated Royal Commission to investigate the policies and actions of state governments. That includes the medical advice to justify state border closures, compulsory masks, curfews, lockdowns, other movement restrictions, the Covid zero fantasy, the separation of families, business closures, mandatory vaccination, and of course vaccine certificates. 

Only a state Royal Commission could consider whether the loss of basic rights such as free speech, freedom of religion and the right to peaceful protest, or the suspension of parliament, were reasonable and proportionate. And unless the terms of reference were specific, the behaviour of state police would not be considered. 

There is also a question of competence. Commissioners are generally retired judges; that is, elderly lawyers. A career as a barrister and judge is not necessarily a sound qualification for investigating complex non-legal issues. From my observation such people mostly don’t understand business or economics, and expecting them to come to grips with epidemiology and immunology might be optimistic. Add the possibility that they will overestimate the risk given their personal vulnerability to Covid, and an objective review is far from certain.  

But let’s assume, for the sake of the fantasy, that a Royal Commission with broad terms of reference was established that is brave, competent, and thorough. Let’s even assume it is a joint federal-state commission. What might it achieve? 

In my fantasy, it would name those responsible for doing so much damage to our liberal democracy, and spell out the crimes they committed. The patronising, sanctimonious, unscientific Chief Health Officers. The cynical, manipulative political leaders. The lying propagandists and political boosters. The cowardly, craven media. The senior police who sanctioned brutal repression of protests.  

It would also offer a strong reminder of the fundamentals of a free society: that freedom and safety are not interchangeable; that personal responsibility should always trump government control; that avoiding deaths at any cost is not the role of the government; that executive government must be accountable to parliament.  And perhaps most importantly, that those who violate these principles must pay a price. 

A Royal Commission is regularly mentioned as the best way to bring guilty politicians, bureaucrats, and other officials to account.

Notwithstanding some indications to the contrary, particularly in Victoria, Australia is still subject to the rule of law.  An adverse mention by a Royal Commission might end a political or bureaucratic career, but it is not a conviction. And the reality is that virtually everything inflicted on Australians in the name of controlling Covid occurred within the law. Other than a few Victorian police perhaps, none of those named would be at risk of going to jail.

Some say this calls for a special tribunal, like that used to try senior Nazis at Nuremburg. This applied the principle that some things can never be legal or right, whether or not they were within the law at the time. That same concept underpins the International Criminal Court. 

Do the crimes perpetrated by our public health officials, politicians and others meet that standard of severity? No doubt they inflicted needless suffering and misery on millions of their fellow Australians, imposing irrational and arbitrary rules with heartless brutality. And while they claim to have saved deaths from Covid, they contributed to others from suicide and untreated conditions, and caused profound harm to countless careers, businesses, marriages, and childhoods. 

The crimes that the International Criminal Court may consider are genocide, war crimes, crimes of aggression, and crimes against humanity. The world’s longest lockdown certainly felt like a crime against humanity to Victorians, and it would be satisfying to hear the former Premier and Chief Health Officer argue, in their defence, why family visits were prohibited but not visiting brothels; why council gardeners could work but not private gardeners; and why the Black Lives Matter protest was not a superspreader event unlike anti-lockdown protests and watching a sunset from the beach. 

But that’s where the fantasy ends. A Nuremburg-style trial, even if it is warranted, would require special legislation. And a Royal Commission, even if established, is not likely to do no more than offer half-baked recommendations about preparing for the next pandemic. 

Perhaps even worse, the pandemic showed that the commitment of Australians to democracy and freedom is wafer thin. They readily relinquished their rights and freedoms based on fear of a disease with a survival rate of 98 per cent, in the belief that the government would keep them safe.  

This is a problem that will not be solved by a Royal Commission or Nuremburg type tribunal. Indeed, it would not be solved by making me Lord High Executioner and allowing me to deal with those on my list. It is a reflection of who we are as a nation.

This is What We Get for a Billion a Year

Australians more and more have reason to question why over a billion dollars of their taxes are poured annually into what has become nothing but a far-left propaganda outfit. A particularly nasty one at that, with a decided proclivity for feting anti-Semitic terrorists.

The ABC has made multiple changes to a story about Israel’s attack on Lebanon after receiving complaints claiming the article was “too sympathetic to Hezbollah and that it omitted relevant context and perspectives”.

Oh, just a mistake, the ABC apologists will no doubt airily hand-wave it away. Yet, it’s notable that, like its sister the BBC, the mistakes only ever go one way: against the Jewish state. In fact, the BBC was recently found to have endemic bias against Israel. The ABC is clinging to the Beeb’s brown shirttails.

The ABC will appoint one of its own staff members to ask its other staff members if they’re biased liars

ABC ombudsman Fiona Cameron received 16 complaints about the article titled “Lebanese Australian community heartbroken over Israeli attack on Lebanon”, which prompted her to examine whether the story met the ABC’s editorial standards for impartiality and accuracy.

In her report, she assessed grievances by complainants that argued “the article did not stipulate that Hezbollah was a listed terrorist organisation and that the context for the escalation of the conflict in south Lebanon was unclear”.

The article was written by reporter Nabil Al Nashar.

Nabil Al Nashar… there’s something about that name. Can’t quite put a finger on it, though. Just like Antoinette Lattouf, who was actually sacked by the ABC for her pro-Hamas social media posts.

Looks like that well-publicised push by the ABC to hire more ‘diverse’ staff is really paying off.

That’s just the nastiest aspect of what is a concatenation of failures at the ‘national broadcaster’.

The ABC is facing accusations of airing misleading and “activist-led” journalism on two separate issues over the past fortnight, with both its flagship current affairs programs, Four Corners and 7.30, at the centre of the storm.

“Misleading”? “Activist-led”? Doesn’t sound like the ABC at all. You know, the ABC whose former leading presenter Fran Kelly openly bragged that she was an activist.

Lobby group Nuclear for Australia, which boasts 75,000 members, sent a formal complaint to the ABC on Friday in response to last week’s Four Corners episode titled ‘The Future of Nuclear Power in Australia’, arguing the program was deliberately misleading, failed to disclose conflicts of interests of interviewees, and omitted pertinent facts about the nuclear industry […]

In a formal complaint to the ABC, Nuclear for Australia said Four Corners’ “central assertion of the episode that [the Vogtle nuclear plant in Georgia] … was the sole reason power bills increased in Georgia is false”.

The ABC has made multiple changes to a story about Israel’s attack on Lebanon

“Instead, there were many factors that Four Corners didn’t mention including gas price increases due to the Ukrainian war, the cost of upgrading hundreds of transformers around the state due to storm damage, and the cost of grid infrastructure to support solar arrays in the middle of Southern Georgia,” the lobby group’s complaint to the ABC ombudsman reads.

Nuclear for Australia has called for the Four Corners episode to be removed from the ABC’s various platforms. An ABC spokesman said: “Any complaint will be dealt with according to the ABC’s usual processes.”

Meaning, the ABC will appoint one of its own staff members to ask its other staff members if they’re biased liars, and when they have all agreed with each other that they’re not, they’ll bury the whole thing and carry on as normal.

Such as, trying to stop better reporters from telling a less-biased story.

A senior ABC reporter has been accused of intentionally blocking a source from speaking to members of the press who were trying to scrutinise the quality of his journalism, a court has heard.

The Federal Court on Tuesday heard Mark Willacy instructed ‘Josh’, a confidential source at the centre of an allegedly defamatory article, not to speak with other media outlets, after a journalist from the Daily Telegraph started making inquiries about the substance of Mr Willacy’s story.

The story in question concerned ex-commando Heston Russell, who is suing the ABC, Willacy and journalist Josh Robertson over a story he alleges implied he was complicit in the execution of a prisoner in Afghanistan. The same story has already been exposed as using doctored audio, a fact which was previously brought to the ABC’s attention.

This is what we get for our billion dollars. I think we deserve our money back.

Know Thy Enemy

We all love to hate politicians, understandably so, and the last thing I want to do is advocate that we start treating politicians nicer. But it is important to identify the true threat to liberty.

STARRY-EYED BEGINNINGS

Whether we agree with them ideologically or not, it is true that most politicians begin their career with a genuine desire to improve their community. While there certainly are some that are drawn to the power and prestige that politics can bring, these are a minority.

Most politicians fall into one of two camps: fed-up professionals or lifelong activists who perceive an issue they genuinely feel needs redress. While we may disagree with the catalyst that ignited their passion or the solutions they prescribe, it is difficult to disagree with the sincerity of their conviction. Most of us who are politically active have felt this way before.

Recent proposals to increase the number of parliamentarians were widely welcomed, even among libertarians.

THE DEEP STATE

The biggest threat to liberty is something that has existed as long as government, but has grown exponentially over the last half century. It has gone by many names, recently portrayed in shadowy terms with conspiratorial overtones. 

While the preferred modern verbiage is “the deep state”, it is nothing more than the faceless bureaucrats who comprise the ever-expanding three- and four-letter agencies of the executive government.

Western democracies, particularly those with Anglophonic origins, typically separate government into three arms: the legislature, the judiciary and the executive. The legislature, or parliament in Australia, is the part of government most of us think of whenever that unfortunate thought enters our mind – the part that democracy makes accountable to the people. The judiciary consists of judges and courts – the determiners of fault. While the executive government is far more nebulous and ambiguously defined – often referred to as “the enforcer”.

THE EXECUTIVES

The most obvious example of the executive government is the police: they enforce the laws that parliament creates, purportedly regardless of their view on such laws, and bring alleged offenders before the courts where fault is determined. Or at least, this is how it is supposed to operate. While I am sure there are still plenty of police officers enforcing laws they don’t agree with, police departments have included the additional function of political lobbying in the last few decades – and this is only increasing.

It wasn’t that long ago that most police departments were made of willing and capable men who were simply looking out for their community – much like the starry-eyed politicians mentioned earlier – often on a voluntary or part-time basis. 

 it is true that most politicians begin their career with a genuine desire to improve their community. 

Now all police departments are highly formalised, employing many thousands of full-time officers, that regularly pressure the government to introduce ill-conceived laws for the primary purpose of making their jobs easier and safer. And while I wish no harm on our police, separating powers means the enforcement arm should not influence the law-making arm.

BLURRED LINES

Police are not even the most egregious offender. How about the Commonwealth Department of Education? It employed nearly 125,000 people in 2022, not one of whom taught a single student; all of them effectively lobbyists or busybodies; all of them pressuring the government to implement their agenda or enforcing compliance against teachers – you know, the ones who actually teach students – who dared not adopt their curriculum, whether deliberate or inadvertent.

The executive comprises the vast majority of the totality of government: the few hundred people we elect and their staff are effectively a rounding error. And as government grows, it is entirely within the executive government. Recent proposals to increase the number of parliamentarians were widely welcomed, even among libertarians.

TYRANNICAL ENDINGS

And it is this growth that makes our starry-eyed politician almost doomed to fail.

Government is so big it is near impossible for politicians to have sufficient knowledge, no matter how well intentioned. So they turn to the bureaucrats, who face no public accountability and often spend decades in their cushy jobs, who spoon feed them their agenda.
Even if our starry-eyed politician has some hesitation, he shrugs his shoulders and tells himself: well, I guess he’s the expert.

Knee-Jerk Laws Are Bad Laws

Flag-ban laws should be repealed immediately, and let sunlight be the best disinfectant

Let’s be clear, here: as a free speech advocate, I don’t believe that states should be banning flags, symbols or slogans of any group. Whether it’s the Nazi hakenkreuz, the communist hammer-and-sickle, a Che Guevara icon or the Hezbollah flag.

Not only because the same state that can ban the iconography of ideologies I despise can also ban those of which I approve. More importantly, banning flags doesn’t make the ideology disappear, it only drives it out of sight. If there’s a wasp in the room, as C S Lewis said, I like to see it. No matter how uncomfortable it may make me or anyone else.

I also believe that the law must, if the rule of law is to mean anything, apply equally to all.

So, if Australian governments are going to – as they have – prosecute individuals for displaying banned Nazi symbols, they must equally vigorously prosecute those showing other banned symbols.

Such as the Hezbollah flag.

You can’t purchase a Hezbollah flag on eBay. Purveyors of flags in Australia are prohibited by law from selling it, and without descending into creepy nooks of the internet on the dark web only one online vendor of dubious provenance offers the flag for sale for $US40 ($58) but is out of stock. Perhaps there has been a run on sales.

Judging by the sheer volume of the ‘moderate Muslim majority’ waving Hezbollah flags in Melbourne and Sydney this past week, this is probably true.

Yet, despite such flags being prohibited, not one charge has been laid.

That’s because the relevant laws are a dog’s breakfast.

Merely displaying the flag in a public space is not sufficient for an arrest to be made. Police need to go through a veritable laundry list of vague law in part because our politicians imposed the reasonable person test – the formless everyman sitting on a Bondi tram – to determine if a person waving the Hezbollah flag at a rally is engaged in the “dissemination of ideas based on racial superiority or racial hatred, (which) could incite another person or a group of persons to offend, insult, humiliate or intimidate”.

There are various other codicils, and immediately we move into grey areas of interpretation to be left in the hands of police, judges, juries and magistrates.

The laws were written in haste last year, after Victoria police inexplicably escorted a group of neo-Nazis, who gatecrashed a Kellie-Jay Keen women’s rights rally in Melbourne, to front and centre on the steps of Parliament House. In a typical government, ‘we must be seen to be doing something’, knee-jerk response, both the Victoria and federal Labor government rushed the laws through.

And, as always, laws written in haste are very bad laws.

A week later the bill quietly was changed and took the giant leap from prohibiting the display of Nazi symbols where a reasonable person is likely to conclude that a Nazi hakenkreuz is totemic of racial hatred to symbols of proscribed terrorist groups where that same reasonable person may draw a different conclusion.

The motivation of parliamentarians appears to have been the all-too frequent legislative impulse: “We need to do something. This is something. So, let’s do this” […]

This is a mess of the government’s making based on cobbled-together law. The responsibility for the shambles extends to the entire federal parliament, which waved through the bill late last year in an orgy of self-congratulation. The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 is black-letter law that attempts to solve two distinct problems with one muddled law.

It may be useful in prosecuting those who tote Nazi symbols in public or online but it is less clear how it may serve to prohibit other symbols of racial hatred including Hezbollah’s flag.

Now, the same politicians who passed such obviously bad laws are pointing the finger of blame at police. Anyone but themselves, of course. But police can only try and prosecute the laws the politicians have passed. As Kerry Packer once told the Senate, he didn’t write the laws they accused him of using to minimise his tax (which he bluntly agreed he did), they did. 

If they don’t like the outcome of the bad laws they write, they have no one else to blame but themselves.

Flag banning is very bad law. It should be repealed immediately and let sunlight be the best disinfectant.

Enemy of the state

The clothes we wear may change, but the virtues and vices of mankind do not.

As a historian of ancient Rome, I am in awe of the vast and rich sourcebook of knowledge it offers to guide us on what to heed and what to avoid.  Yet it appears that those we elect, rule over us with no regard for what we think, as they wield the proverbial sword of what they call justice.

The warnings from the Australian government to the people around the proposed Misinformation and Disinformation Bill are reminiscent of the treatment meted out to those who dared to criticise rulers in ancient Rome; the caveat being that brutality of the highest order is not in play here. 

However, this Bill comes on the back of four years of politicians instilling fear into the population, so it is not a standalone government edict. I argue that it is the trigger for the final battle in protecting our liberties and freedoms.

Giving or receiving hospitality, friendship, or a loan constituted grounds for accusation

We were warned in no uncertain terms by state premiers that the virus would “hunt down the unvaccinated”, and if we continued to ignore the dictates from on high, Senator Jacqui Lambie was there to warn that the government would come after us “lock, stock and barrel” unless we complied. 

Senator Jacqui Lambie

Too many people were harassed and harangued into being scared to live. Now, they are being primed to accept the most illiberal piece of legislation imaginable. And they will achieve this not just with help from the scaremongering media, but through hopes of raising an army of civilian snitches.

When Lucius Cornelius Sulla was made consul in the early 80s BC and, later, dictator with the goal to restore the Roman Republican constitution, he told the people that if they obeyed him, he would introduce changes that would benefit them all. Should they decide not to, then punishment would be swift and savage.

Those he considered enemies, or friends of enemies, were put on public proscription lists. In addition, he added a statement “detailing a prize for killers, rewards for informers, and penalties for concealment.”

Guilt by association also copped a severe punishment: 

“Giving or receiving hospitality, friendship, or a loan constituted grounds for accusation, and there were actually cases of condemnation for showing sympathy or merely travelling in company with a suspect.”

 The result of his unadulterated power?

Too many people were harassed and harangued into being scared to live.

“He took sole charge of shaping all the political institutions of the state in the way he wanted. For there was no longer any talk of laws, or elections, or sortition, since everybody was quaking with fear and lying low or keeping silent.”

Forty years later, a group of three – the infamous triumvirate of Antony, Octavian and Lepidus – conspired to punish their enemies in their quest for vengeance following the assassination of Julius Caesar. 

They prepared a list in private, and even traded names of friends and foes of one another, surrendering their own relatives if necessary. 

“These included brothers and uncles of the men who proscribed them and of their subordinates, if they had done anything to offend the leaders or these subordinates.”

In principle, what is the difference of intent between 80 BC and 2024 AD? 

The Roman consuls proscribed those who offended them through brutal means, as was the order of the day. Our leadership designs legislation to incriminate us if we dare to offend them.

The intent remains the same – to silence anyone with a different view. 
The lesson here is more for the ordinary person than the egotistical politician, for they already know the rulebook inside out – how to manipulate the population. We, as people who merely want to live our lives in relative peace, must harness a sense of courage to stand against the machinery of an overbearing government, even if it means earning the moniker of being an enemy of the state.