Category: Practice (Page 1 of 3)

On Forcing Your Religion via Canada’s Transgender Rights Bill

By: Hendrik van der Breggen
One of the winning submissions from the Battle of Ideas op-ed contest on the theme of Free Speech.

Remember rock band R.E.M.’s song “Losing my religion”? In view of Canada’s recent passing of Bill C16—a.k.a. Transgender Rights Bill—I think a new song should be sung. I title it “Forcing your religion.”

Consider this.

If we take University of Toronto psychologist Jordan B. Peterson’s criticisms of C16 seriously (which I do, because I think they’re strong logically and evidentially), then C16 will likely require Canadians to use a person’s preferred pronouns.

We may have to say “she” instead of “he”; or “he” instead of “she”; or maybe “e” or “ey” or “hu” or “peh” or “per” or “sie” or “ve” or “xe” or “ze” or “zhe”—whatever is preferred as a label for however one self-identifies one’s sex/ gender.

Interestingly, in discussions leading up to the passing of C16, Canadian Senator Grant Mitchell said the following in defence of C16:

“There is also the argument that transgender identity is too subjective a concept to be enshrined in law because it is defined as an individual’s deeply felt internal experience of gender. Yet we, of course, accept outright that no one can discriminate on the basis of religion, and that too is clearly a very deeply subjective and personal feeling.”

Here is Senator Mitchell’s argument (in favour of C16) restated: Freedom to identify as transgender is like freedom of religion, so just as I am free to determine and live according to my religious identity, so too transgender persons are free to identify and portray themselves as such to the world.

Let’s think.

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Right to Silence in the Age of Aadhaar

By: Ishaan Saha

India’s Aadhaar is the world’s largest biometric ID system. Linking biometric data to income tax returns, the scheme is now mandatory for all Indian residents. This article analyzes the Aadhaar scheme in the context of the right to privacy, and in particular, the fundamental right to silence.

There is a distinction in the law on the right to silence, between compelling a person to divulge her password to a digital device, as opposed to compelling a person to use her fingerprint to unlock the same device. In light of this distinction, Aadhaar could effectively render the right against self-incrimination illusory, as the biometric information already stored on the Aadhaar database could easily be used to access an individual’s digital information stored on her phone or computer protected by a fingerprint lock.

Comparing US law on the right to silence and its interface with digital technology with the Indian law on the issue, we see that the US position on the subject is incongruous to the fundamental rights envisaged under the Indian Constitution and also out of pace with the technological advancements of the day. Unless the right to silence comes of age and accommodates the technological challenges posed by biometric ID systems, the lacuna in the law which protects one’s right to refuse to divulge a password confined in her mind, while at the same time excluding from the ambit of protection, the use of one’s fingerprint or other biometric information to access the very same information stored on a hard drive, can be exploited to render the fundamental right to silence — which is often the last bastion of civil society — an abortive ideal.

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Trump’s Banality of Evil

By: Jared Marcel Pollen

What does fascism smell like? It’s a question the late Christopher Hitchens used to ask, and one that’s worth revisiting. In 1945 it might have smelled like Zyklon B, whose reportedly almondy aroma rose with the ashes from the brick chimneys of Nazi death camps into the skies of Europe. In 1988 it might have smelled like the sick yellow waves of chlorine gas that swept over the northern provinces of Mesopotamia during the Halabja massacre, when the Baathist regime tried, not for the last time, to eliminate the Kurdish people of Iraq. Americans in New York and Washington DC certainly knew what it smelled like in September 2001. Last Friday though, it took on a seemingly more innocuous smell, one that could have been synonymous with any other summer night in America: the bitter odor of a thousand citronella torches in the streets of Charlottesville. 48 hours later, the President proved himself incapable of performing the most basic of moral duties: to stand behind a podium for a scripted ten-minutes and call this stench by its name.

I’ve scanned enough Facebook fights to have seen the word “Nazi” appear somewhere in my feed at least once a month, and I’ve been to enough rallies to have seen a black toothbrush mustache smeared on the face of at least every major world leader, regardless of context. The problem with throwing around hyperbolic clichés so lightly is that they lose what little currency they already have in discourse. Indeed, what makes clichés so tyrannous is that they’re true but useless. As a writer, I have a visceral aversion to platitudes perhaps more than the average person, and the reductio ad Hiterlum approaches the very top of my list. But the cliché of calling someone a fascist is somewhat supported by the fact that fascism is itself a cliché. The irony of the events in Virginia last week and the President’s colossally mishandled response to it, was that this banality was conspicuously absent precisely when it was called for.

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Two Proposals to Foster Autonomy, Renew Democracy and Exit Post-Truth Politics

By: Marco Senatore

In a world where money is the only universal means of exchange, how different would society be if racists had economic incentives to embrace human rights, and the average citizen found it profitable to foster democracy? In this article I will attempt to answer this question.

Last year the neoliberal narrative suffered a major blow in the United Kingdom, with the vote for Brexit, and in the United States, with the election of Donald Trump as President. By neoliberalism here I mean that political and cultural model that subordinates every public decision to economic rationality, and adapts the state and the whole society to the needs of the market. More specifically, I include in neoliberalism the Ordo-liberal School that influenced the architecture of the Economic and Monetary Union, the Chicago School, the so-called Washington Consensus and, somewhat, the Third Way developed during the 1990s. Beyond its economic principles, neoliberalism has also been important in supporting human rights and rule of law, as they facilitate the functioning of the markets.

In the current juncture, highlighting the risks of populism and of post-truth is an important and useful exercise. It is obvious that the manipulation of facts, racism and other forms of discrimination make populists much more dangerous for democracy than most politicians who have ruled the world in the recent decades.

However, in order to change some of the paradigms that are shaping the political debate in America and – to a less extent, after Macron’s election – Europe, it would be essential to deal also with the flaws of that neoliberal order, whose contradictions have helped the rise of populists. After recalling some elements that are shared by populism and neoliberalism, I would like to propose two forms of social interaction, aimed at overcoming these elements.

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Lessons from Montana

By: Caleb Mills

Learning the hard way is not fun, but the lessons are all the more valuable for it. Particularly when it comes to politics, no one wants to lose and, yet, the losses are what instruct you as to what you did wrong, and how to do better the next time.

The May 25th, 2017, special congressional election in Montana provides such hard lessons. It reminds the interested observer that in American politics, voters are more moved by ideas than by ideologies, and that it is never wise to ignore the moderate center of the electorate.

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Memory and History

Memorialization and politics in Germany seventy-two years after the Second World War

By: Aditya Adhikari

Today the Holocaust stands as the epitome of political evil. The German people’s effort to renounce and atone for their past is often held up as exemplary. “Never again” – these words first appeared on handmade placards put up by inmates at the Buchenwald concentration camp shortly after the Nazi defeat in 1945. In the following decades, the slogan radiated out into the world and was repeated in Cambodia, Argentina, Rwanda, Bosnia. The trials of war criminals in post-war Germany, the reparations provided to victims and the memorials erected in their name have become lodestars for what is now called ‘transitional justice’.

I participated in a seminar organized by the Robert Bosch Stiftung on Truth, Justice and Remembrance in late 2016. During our excursions in Berlin and Nuremberg, I had the sense that Germany’s sites of commemoration did not just evoke the horrors of the Holocaust but also showed how German attitudes had evolved in the post-war period.

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New Jacobins

By: Jared Marcel Pollen

TO MY FELLOW-CITIZENS OF THE UNITED STATES OF AMERICA:

I put the following work under your protection. It contains my opinions upon Religion. You will do me the justice to remember, that I have always strenuously supported the Right of every Man to his own opinion, however different that opinion might be to mine. He who denies to another this right, makes a slave of himself to his present opinion, because he precludes himself the right of changing it. The most formidable weapon against errors of every kind is Reason. I have never used any other, and I trust I never shall.

This is Thomas Paine’s dedication to The Age of Reason, the first part of which he completed in France on the evening of December 28th 1793, hours before he was detained and imprisoned by a radical faction that had hijacked the very revolution he helped bolster with his treatise The Rights of Man. By the time Part II of The Rights of Man was published a year earlier, Paine was already an enemy of the state in Britain. He was tried in absentia for sedition and forced to seek refuge in France, whose people had watched their nation descend into bankruptcy and warfare, and their efforts to dismantle the ancien régime mutate into terror. The Jacobins, the leaders of the terror, considering Paine as a British citizen to be too dangerous to the revolution, locked him in Luxemburg prison in Paris for seven months. As the story goes, Paine was spared the guillotine only because a chalk mark (signifying the prisoner was to be collected for execution) was mistakenly left on the inside of his cell door, rather than outside. Fortuitously, this went unnoticed long enough for the National Convention to revolt against the Montagnards and execute Robespierre. Paine was set free later that year.

Terror is once again an emergent force in our political discourse––if we can take frightening people into a state of paralysis or submission to be one of the usable definitions for this already overused term. I employ it therefore, with reluctance, but with meaning. I’m mindful of the temptations of hyperbole, but I’m also unable to find a more fitting word to describe the scenes that took place at UC Berkeley and Middlebury College earlier this year.

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Women Rule – How They Took Down a King

By: Elizabeth Larkin Bouché

As inauguration day approaches and women ready themselves for the Women’s March on Washington, I am reminded of Europe’s most remarkable uprising of women against tyranny—The Women’s March on Versailles in 1789.

It was a major, dramatic event on a par with the storming of the Bastille. A food riot in Paris, led seven thousand women, transformed into an armed march to take flour from the king’s stores 12 miles away in Versailles. Revolutionaries seized the opportunity to join the women and forced the king to sign the recently composed “Declaration of the Rights of Man,” so ending his absolute rule.  The king and his entourage were dragged back to the capital as prisoners. It was a turning point in history, signaling a shift in power from the nobility to the common people.

The Women’s March on Versailles is a reminder of the power of popular protest movements. Following the election of Trump, and spurred by growing unease with our own Versailles-like oligarchs, similar protests are now cropping up at grassroots level in the United States. The Paris women were driven by famine; they and their children were hungry. Women today are mobilized by threats to hard-won advances made since the Enlightenment. The ordinary women who have organized the March on Washington are unleashing what is perhaps a primal and formidable maternal fury once again.

The comparison between revolutionary France and current events is not so far-fetched. Civil unrest in Paris was fueled by paranoid plots in the press and fake news. It was also the result of basic needs becoming unaffordable, market deregulation, widespread distrust of government, huge national debt, and deeply divided political opinions. One key factor was the staggering inequality of the ancien régime, in which the clergy and nobles, or first and second estates, held vast wealth and paid no taxes, while the third estate, or 97 percent of the population, were heavily taxed for foreign wars. The parallels did not escape the notice of “Time” magazine. Its person of the year cover featured Trump seated on a tawdry carved chair decorated with a fleur-de-lis, the symbol of the French monarchy. Indeed, Trump draws the comparison himself when he chooses to be interviewed while seated in a gilded throne in his French Rococo-style dwellings.

Considering all this, and with large numbers of women taking to the streets, it is interesting to look at what drove French women to insurrection at a powder keg moment in history.

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Life is More Binary than Fiction: A Writer Reflects on Political Polarization

By: Shannon Kirk and Political Animal

Shannon Kirk is a novelist, a practicing attorney and law professor in Massachusetts, and also an avid follower of politics. She, like many of us, finds Trumpian politics incredibly distracting. In a world where the President-elect is constantly saying new and outrageous things on Twitter, how are news junkies supposed to get anything done?

In a great column on The Thrill Begins, Kirk addresses this problem, and outlines the system she’s using to try to stay focused. We highly recommend reading the whole thing.

One particularly interesting point is her observation that our current political climate encourages people to sort ourselves into two hostile camps based on our political identity. From a novelist’s perspective, this is maddening. Depth and contradiction make characters believable–because human life is complex. So why are we so attractive to binary extremism in our political life?


The following Is an excerpt from The article originally published in The Thrill Begins:

A good friend has a great response to try to chill me out every time I get spun up about the current political environment: “Is this going to impact the happiness of your cats?” Meaning, is this really going to lead to something that will change your life in a catastrophic way? I wish I could have this outlook on politics. I used to. I used to be able to tune most of it out and concentrate.

Now?

I confess. I have a problem. I’m addicted. I am distractified by Trump. But since I acknowledge this serious weakness, I’m hoping to fight my way back to my old ways and not let him win. I have devised a system, which I include at the end. No idea if this will work.

The distractification of Trump has impacted my writing in three ways: To lose time. To wallow in the quagmire of arguing about the fallacy of binary extremism. To resist bullying.

Distractified by Binary Extremism (frustrating my notion of character development)

Let’s first set the table and acknowledge the objective fact that we are living in La La Land right now. Nothing is normal, and, yes, nothing is logical. If your objective is to disagree and say that things are logical, then you are trolling this article; please move on.[1]

The reason it’s easy for me to get distractified by all this is actually nothing new; it’s something that’s always been a gripe of mine, even before Trump—just now more acute and in my face every single damn day, and in alarming ways. It is indeed a core issue I try to battle in my writing: the pushing of people into simplistic, binary camps. Example: Your character is a scientist, so she must be an atheist. I battle this notion, I reject it.

Here’s where we are, I liken it to the Fruit Loops vs. Cheerios Political System. Each Fruit Loop represents a position on an issue, and each Cheerio its “opposite.” If you are on Team Fruit Loop, you MUST accept and agree and support all Fruit Loops, likewise with Team Cheerio. Never may a Fruit Loop cross-pollinate the Cheerio world, and NEVER EVER may a Cheerio contaminate a Fruit-Loop-protected zone.

This is a binary system.

This is bullshit.

We would never allow such simple sorting for fictional characters, so why is it being pushed in reality?

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Rethinking the Goals of Finance: Lessons from the Amherst Arbitrage

By: John Brodie Gay & Jeremy Kingston Cynamon

I. BACKGROUND

Financial devices, like all technologies, develop – sometimes intentionally, sometimes by historical accident – to benefit particular interests and reinforce certain values at the expense of others. Therefore, the form in which we encounter these various technologies today is not a necessary characteristic of those technologies, but the result of their respective histories. If those histories had unfolded differently, then those technologies might benefit sharply different values and interests. Given this contingency, we can plausibly pursue different ways of repurposing financial devices (as well as technology more generally) and thereby altering the interests and the values they protect. With a bit of imagination, we can realize alternative potentials in these devices.

The sort of argument just previewed has been largely ignored by the left. In general, progressives tend to treat the financial sector as a scapegoat for the ills of society.  In our view this is a mistake.  There is nothing inherently problematic about finance. Insofar as our contemporary financial practices are troubling, they are troubling because of their execution, not because finance is itself problematic. To the contrary, finance – if directed purposely – can be a great asset to the political programs of any stripe.

Our goal in this short essay is merely to demonstrate the aforementioned contingency and transformative potentials in our financial devices. We argue by way of example, using a peculiar story about the use of credit default swaps after the 2008 mortgage crisis to illustrate our larger themes.

II. FINANCIAL DERIVATIVES

We begin with a rather strange fact: our financial system allows individuals and firms to place side bets on any homeowner’s ability to pay his/her mortgage. Known as financial derivatives, the total amount gambled in these bets can greatly exceed the outstanding amount on the underlying mortgage. Bizarre as it may seem, this is the financier’s utopia: a “complete market” that allows participants to bet on any chance event. Natural catastrophe, the result of an election, even a terrorist attack could be the source of profits for the shrewd gambler.

In theory, these financial derivatives can be tools for prudently distributing risk across parties. In practice, however, the use of financial derivatives often results in dangerous concentrations of risk. As it happens, a significant proliferation of these sorts of financial derivatives coincided with the real estate bubble and the subsequent 2008 mortgage crisis.[1] Though much has been written about that crisis, the story presented in the following section will likely be unfamiliar to most readers – even to those who keep up with this sort of thing. This is probably not a coincidence. The story illustrates the potential inherent in our financial technologies and devices to disrupt the common practices of finance and harness its power for varying purposes.

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