Category Archives: law

Neonihilism and the Failure of Liberalism

Do the disaffected know what they want? Agency is one thing: leadership and direction is another.

Do the disaffected know what they want? Agency is one thing: leadership and direction is another.

Ross Douthat in today’s New York Times declares our time a crisis for liberalism, the left having ‘lost its way’, in the aftermath of the election of Donald Trump. It’s been a popular theme. In 1969, Ted Lowi declared the end of liberalism, in favour of interest group liberalism, in part a kind of elaboration on Eisenhower’s theme of the military-industrial complex. The liberalism of which we speak has long been defined in terms of economics and economic goods, how the distribution of resources and the freedom that comes with fair access to those resources, can allow mankind to flourish. Friedman’s classic Capitalism and Freedom from 1962 defined the concept, which was ultimately routed in eighteenth century enlightenment thinking, and in particular the French Revolution. Its progression through International Law and the Universal Declaration of Human Rights in the twentieth century brought at its end an essential global consensus: Liberal Democracy was it. This was the end of history. Continue reading

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Trump/Brexit: Popular Legitimacy and the Rule of Law

Morten Morland's cartoon from The Times, November 4th.

Morten Morland‘s cartoon from The Times, November 4th.

The New York Times ran an editorial yesterday on what it called ‘a coup’ against the Supreme Court. The death of Antonin Scalia earlier this year, and the Republican Party’s refusal to entertain a replacement has rendered the previously nine, now eight judge court unable to resolve some important cases, split evenly as they are between four generally liberal and four generally conservative justices. The GOP Presidential Nominee, Donald Trump, has recklessly attacked other institutions in his scorched earth strategy that followed his poor showing at the debates, including the Military, the FBI, the President, the Federal Reserve, and the Media. Early on in the campaign, he attacked a judge who ruled against him, claiming the judge was biased because he was Mexican-American. He has threatened to jail his opponent if he wins, he has consistently attacked and undermined the electoral process itself, and encouraged voter suppression.  Every pillar of democracy in America has been weakened by Mr Trump’s candidacy whether he wins or not, and people love him for it.

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Algorithmic Governance and its Discontents

AG Workshop

Dr Rónán Kennedy Chairs a session at the Algorithmic Governance workshop at NUI Galway

I had the privilege to participate in a workshop on algorithmic governance this past Friday at my alma mater, the National University of Ireland, Galway, under the supervision of Dr Rónán Kennedy and Dr John Danaher of the Law Faculty. and co-funded by the Colleges of Business and Public Policy. It’s part of a wider program of research grandly titled ‘Algocracy and the Transhumanist Project‘, which promises to tread some fascinating pathways. Comprehensive synopses of the event have already been published by Dr Danaher and one of the speakers Dr Muki Haklay, so I won’t re-do their work, but instead refer to one of the particularly interesting themes that emerged from the work.

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The Data Commodity: Fetish or Fiction?

Shoshana Zuboff

Shoshana Zuboff, Charles Edward Wilson Professor of Business Administration at the Harvard Business School

Shoshana Zuboff’s ‘Big Other’ and ‘Surveillance Capitalism’ as Future Economic Models

Shoshana Zuboff’s recently published article on what she has termed Information Civilization is a compact and helpful analysis of the kind of internet economies that are emerging in the early twenty-first century. This blog post is a commentary on that text. She takes Google’s Chief Economist Hal Varian as her foil, referencing his two articles Computer Mediated Transactions (2010) and Beyond Big Data (2013).

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Data Protection Régimes

data protectionThe Irish Data Protection Commissioner (DPC) recently doubled its budget, and is busy hiring and building capability.  It’s an encouraging sign, the function had been significantly under-resourced in recent times; but one wonders whether there needs to be more done.  The DPC is responsible for three areas right now – privacy in relation to Internet Services companies like Facebook and Google; privacy in relation to state organisations like the Gardaí; and privacy in relation to private national companies who possess data.  That all three domains are vested in this single organisation says something for the breadth of work that these guys have to take on. But nowhere in their mandate does it suggest that they may have a role in commercial or security issues, for which there is no competent authority in the state, and certainly no strategy to address them.

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Capitalism, Meritoctatic Democracy, and Legitimacy

 

Piketty (top) and Reich have both taken on the subject of Inequality

Piketty (top) and Reich have both taken on the subject of Inequality

Piketty on Capital and Reich on Inequality are both essentially saying the same thing, that inequality is structurally bad, and growing. (We can revisit posts on social mobility and the inevitability of capitalist collapse to understand some of the ways in which this manifests itself.)  In essence, Piketty – and Reich – argue that capital will continue to accrue to fewer and fewer people.  There is a possible alternative, extended, dystopian view that suggests that capital – through the corporation – actually transcends human ownership entirely and become a virtualized entity in and of itself, a creature of law, that exists to perpetuate itself and grow.  Therefore, in essence, capital exists to extract wealth from people, and rather than realising an objective of ‘raising all boats’, it actually pushes all boats into the water to the point of sinking, though not quite. For to sink those boats would be to undermine the source of wealth itself, and the essence of capital growth, which capital needs to survive.

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National Security and the Legitimacy of the State

Edward Snowdon

Edward Snowdon: His revelations (though not new) have launched an avalanche of introspection and head scratching.

The New York Times and the Guardian have been digging ever deeper into the activities of the US National Security Agency or NSA following the leaking by Edward Snowdon of information about how they were spying both on countries and ordinary people at home.  Hot on the heels of the Chelsea Manning and Wikileaks diplomatic cables episode, there has been a constant flow of stories reporting on nefarious activities of spooks and governments, embarrassing opinions, and the mechanisms by which international diplomacy and spying are conducted, though Wired Magazine had got there first.   There are numerous angles to all of this.  There is the technology problem, an Orwellian, Kurtzweilian post-humanist dystopia where technology trumps all, and big data and analytics undermines or redefines the essence of who we are and forces a kind of a re-evaluation of existence.  There is the human rights problem, the balancing of the right to privacy and – generally speaking – an avoidance of judgement of the individual by the state, with the obligation to secure the state.  This issue is complex – if for example we have an ability to know, to predict, to foretell that people are going to do bad things, but we choose not to do that because it would require predicting also which people were going to do not-bad things, and therefore invade their privacy, is that wrong?  Many people said after 9/11 ‘why didn’t we see this coming?’ Which leads to the question – if you could know all that was coming, would you want to know?

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The Informal State

logo-undpI posted just yesterday about the Informal Economy described by Robert Neuwirth as System D, where it is projected that by 2020 two thirds of the world’s workers will operate.  That’s an economy almost entirely independent of the state, and the nation state structure.  It all harks back to the Industrial Revolution, which spawned Marxism and the labour movement, a movement that brought communism and great intellectual struggle.  We have to believe that within those workers there will be able leaders; English as a language is increasingly unifying peoples.  It could be an interesting century yet!

I mentioned in passing yesterday that ‘In Africa, many tribes operate … with their own systems of justice’, though I did not have a reference.  This morning, my attention was brought to a recent UN Development Program (UNDP) report entitled Informal Justice Systems.  In it, the report states that ‘…80% of disputes are resolved through informal justice systems in some countries’. The claim is based on research by Ewa Wojkowska .  The combination of the Informal Economy and Informal Justice is of course mesmerising.  If those two beasts can find some resonance with an Informal Security apparatus, then hey presto, you have a de facto State, but not one in the conventional family of nations, rather is it more like some globalised feudalism, a million miles from Manhattan.

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The Assault on British Legitimacy

Passport_to_Pimlico_film

Scotland, Northern Ireland, maybe Wales? What about Pimlico?

The United Kingdom is under tremendous strain of late.  It may not appear to be at first glance, but considering the following points.

First, there is the long struggle as retrenchment from Empire finally reaches its apotheosis, and the multicultural misfit that has wracked both The Netherlands and France.  Legitimacy amounts to different things for each cultural grouping, whether that is the legitimacy of the police service (amidst allegations of institutional racism), or the problem with British Muslim representation.

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Blurred Lines: Defining Terrorism

terrorist-watch-list

Careful now! (image credit News With Attitude)

Glenn Greenwald’s most excellent series on Security and Liberty in The Guardian addresses most recently the definition of terrorism, and in particular the case of a gangland shooting where a man called Morales shot and killed an innocent 10-year-old girl by mistake.  The State of New York convicted him of being a terrorist, defined by state laws as acting with ‘intent to intimidate or coerce a civilian population.’  The interpretation of the court was that Morales actions were designed to coerce the entire Mexican-American community, and were therefore terrorist.  On appeal, the court not only rejected the terrorism conviction, but also sent the entire case for retrial, as the standards by which terrorist trials were conducted were different to those of non-terrorist offences.

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