Category Archives: Human Rights

One of the Original “Liberty Papers” Turns 800


A mere 572 years before the U.S. Constitution and the Bill of Rights, 561 years before the Declaration of Independence, and 465 years before John Locke’s Two Treatises of Government was a government-limiting charter which inspired the authors of each of these was the Magna Carta. In June of 1215, a full 800 years ago, a group of land barons had decided that they had enough of the tyrannical rule of King John. Rather than depose the king outright, the barons forced King John to surrender some of his powers, thus creating the concepts British Common Law and the Rule of Law.

The history of the Magna Carta and how it was almost quashed is quite interesting:

There are four copies of the charter still in existence – one each in Lincoln and Salisbury Cathedrals, and two in the British Library.
The curator of the Library’s exhibit, Dr Claire Breay, told Sky News: “The most important thing about Magna Carta is that it established the principle of the rule of law.

“No free man shall be seized or imprisoned or stripped of his rights, or outlawed or exiled, except by the judgement of his equals or by the law of the land. And that clause is really at the heart of Magna Carta’s fame today.”

Those who negotiated the treaty would be astonished at how its reputation has survived eight centuries, because it was annulled after only 10 weeks.
The Pope ruled that King John had been forced to sign it under duress. Yet in the years afterwards, the language in the charter was revised and reintroduced and became part of the cornerstone of English law.

Vicor Hugo famously said “No army can stop an idea whose time has come.” Shortly after King John’s signing of the Magna Carta, the idea of the rule of law had come; the divine rights of kings was no longer universally accepted.

Misunderstanding Law, Government, and Society

GovernmentIsForceMost people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:




Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.

If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.

But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.

What are law and government?

Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.

Law, is the body of rules by which that force is administered and applied.

The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.

So, what’s the other thing, and why is this a problem?

The other definition, is more properly that of society (as distinct from culture).

Government is NOT Society, and Society, is NOT Government

This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.

They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.

They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.

They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.

This is incredibly harmful

We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.

It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.

In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.

How do we stop the harm?

We must correct this critical error in peoples fundamental apprehension of law and government.

People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.

If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.

Rights will continue to be violated and abrogated as the opinions of society fluctuate.

The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.

Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.

The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.

So, we have to take action, now

Use this growing awareness of the overreach, to help people understand.

We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.

We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.

We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.

Everything else?

That’s up to individuals, and to society as a whole, NOT GOVERNMENT.

Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Cause And Effect in Baltimore

grayWith what’s going on in Baltimore, we’re beyond simple deja vu. What we’ve been witnessing is a sickeningly predictable process. Police beat the shit out of a black guy, and he dies. People get mad. Protests turn to violence. Everyone views the incidents through their own prisms, and assigns blame and praise as their worldview permits them. We have been repeating this process for some time, but in recent times it was the death of Michael Brown that instigated what has become a nationwide movement.

In order to fix the mess that’s currently being made, we need to see what got us here in the first place. Simply sticking our fingers in our collective ears while hauntingly saying “well, don’t riot!” is like someone whose answer to sexual assault is to tell men “well, don’t rape!”. It’s condescending and unhelpful. We need to investigate how we got to where we are, both in Baltimore and other communities such as Ferguson, MO.

Do the protesters have legitimate complaints?

Only a partisan fool would argue that the protesters in Baltimore don’t have legitimate reasons to be extremely angry.

The flash point for this community was the death of Freddie Gray, who was taken into police custody on April 12th and somehow came out of it with a broken spine the likes of which usually happen in car accidents. The incident sprung from Gray seeing a police officer and taking off running. It’s unknown exactly what happened inside the police van that he was taken into, which is different from the case of Walter Scott, who was taped being gunned down from behind by a police officer.

In addition, police brutality is a major issue in Baltimore, and with so many payouts – of taxpayer money, mind – for brutality cases, keeping in mind that these are just the ones that got caught, a reasonable person can draw one of two conclusions: either the Baltimore Police Department is so incompetent that they can’t even get away with one of the easiest things for an officer to get away with, or police brutality is so prevalent in the BPD that it’s skewing the numbers.

So it’s a race thing, right?

That’s not cut-and-dried. Baltimore’s a bit different in that they have a black mayor, a heavy black population within their police force, and their minority population is mixed race, with Latinos and other ethnic groups mixing in and creating an eclectic mix. This isn’t Ferguson, whose white police force regards their black population as walking ATMs.

But at the same time, race is heavily tied to class in all of the cases that have sprung up. This goes back to decades old debates on the poor economic straits of black people in America, owing to hundreds of years of slavery, followed by Jim Crow laws, enhanced by racist mindsets throughout America. Those are different articles altogether, but the economic plight of black people in America, on a bird’s eye level, contributes heavily to the crime rate, which causes police to react disproportionately, and perpetuates a never-ending cycle of distrust. The chicken vs. egg debate of which came first – the black inequality or black crime – is irrelevant to this context. What’s important, right now, is that in many cases, the police – even black cops, like the one who covered up for Michael Slager – have not helped, for years, due to outright profiling.

Wait a minute. You just said blacks commit more crimes. In fact, most of the people who have been killed had rap sheets as well! That kind of justifies at least some action, right?

Ever hear of a self-fulfilling prophecy? Because that’s what’s happening in most cases. Yes, in many cases, as reported by the press, the individuals who have been victimized recently had prior run-ins with police. Despite consternation by some that this is a ploy to prove that black people are all criminals, it would be irresponsible journalism to omit those facts.

But this issue isn’t just affecting poor blacks with a record. CNN’s LZ Granderson on Twitter yesterday pointed out the reality:

There’s also New York Times columnist Charles Blow, who’s son was stopped at gunpoint at Yale University, where the son is a student. It was a black cop that detained that young man, but ultimately, it’s the colour blue that matters more. As Mr. Blow notes in his piece, all that matters is how you look.

So what does this have to do with someone that has a “rap sheet”? There’s a huge difference between LZ Granderson and some random guy in the projects, right? Well, let’s extrapolate this to its logical conclusion:

1) Man is stopped for superfluous reasons. There are provable statistics that show blacks are far more likely to be stopped than whites. This is often called “walking(talking) while black”.
2) Man is ticketed or arrested for a meaningless crime. This is partly the fault of overlegislation – chances are good that due to the addition of “regulatory” crimes, you are breaking the law while reading this – but it’s also a problem for black people, so often pulled over by officers needing to justify themselves, especially if there’s a financial impetus.
3) If that person is later the victim of brutality, reasonable doubt can be cast on the victim by referencing “previous run-ins” with police. This not only affects criminal and civil trials, it doubles as a character assassination.
4) The general public – still overwhelmingly white, mostly conservative, and educated with a strong belief in law, order and the police as a force of protection instead of oppression – are quick to label the action reasonably justified, unable – or unwilling – to personalize the problem. The spectre of police brutality is so foreign to most white people that even well meaning individuals simply cannot understand what it’s like to walk around with a constant fear of police reactions. It’s literally not in our realm of thinking.

Whatever, you bleeding heart liberal. So the police occasionally thump a guy too hard. But I don’t wanna hear this stuff about poor people! They have just as many chances as we do! Just look at others who made it! Look at guys like Herman Cain!

First off, if you’re poor, you don’t have as many chances as you think, as is easy enough to prove. I grew up poor, and it took an immense amount of work, four years of the military, and a lot of luck just to make it into the middle class, and if something goes wrong now, I’m largely screwed.

Now, go back to that Ferguson report, know that that report could be written for entirely too many communities – particularly in the South, where blacks are still fighting the ghosts of Jim Crow, slavery, and a significant number of people who feel the Confederacy was justified – and imagine how hard it would be to “come up” under those circumstances. It’s hard to climb the social ladder when it keeps getting kicked out from underfoot.

This is the major reason why so many communities are protesting, fighting, attacking, you name it. They see no way out of the hell they’ve been born into, and the people that are supposed to be protecting them are inflicting further injustice. The minutia of how we can get poor people out of their plight is a political debate for another time.

OK, maybe I understand that. But that doesn’t justify rioting! Looting isn’t helping! In fact, it’s taking away from that community!

Let’s get this out of the way: Yes, looting and rioting are bad, m’kay? Looting is not protesting. It is naked theft, brought on by a simple-minded materialism that some could argue is a major reason why the poor are poor. And flies are said to be more attracted to honey than vinegar. This is all true.

But in light of everything that’s happened in the past two years, it’s hard to argue that the “nice” way of doing things has worked at all.

The above argument is the one that The Atlantic’s Ta-Nehisi Coates made recently, stating that calls for order are only made with no other solutions in mind.

Now, tonight, I turn on the news and I see politicians calling for young people in Baltimore to remain peaceful and “nonviolent.” These well-intended pleas strike me as the right answer to the wrong question. To understand the question, it’s worth remembering what, specifically, happened to Freddie Gray. An officer made eye contact with Gray. Gray, for unknown reasons, ran. The officer and his colleagues then detained Gray. They found him in possession of a switchblade. They arrested him while he yelled in pain. And then, within an hour, his spine was mostly severed. A week later, he was dead. What specifically was the crime here? What particular threat did Freddie Gray pose? Why is mere eye contact and then running worthy of detention at the hands of the state? Why is Freddie Gray dead?


When nonviolence is preached as an attempt to evade the repercussions of political brutality, it betrays itself. When nonviolence begins halfway through the war with the aggressor calling time out, it exposes itself as a ruse. When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con. And none of this can mean that rioting or violence is “correct” or “wise,” any more than a forest fire can be “correct” or “wise.” Wisdom isn’t the point tonight. Disrespect is. In this case, disrespect for the hollow law and failed order that so regularly disrespects the community.

As for the stealing, it’s bad. It’s wrong. It hurts the moral standing of the protesters. But if we’re talking in terms of scale, it’s worth noting that the City of Baltimore has a bad history of using civil forfeiture as a form of revenue enhancement. If we put the scale of that in a bar graph next to some assholes stealing some kit from the electronics department, the first bar is going to be astronomically higher.

Well… I still think what they’re doing is wrong. Win some elections and make change the right way.

Actually, Ferguson did just that.

It’s OK if you don’t care about the protests, and their resulting riots. It’s OK if Freddie Gray is just one more name on the news. If you want to mention some white guy somewhere that didn’t get this kind of attention – here, I’ll even do the work1 for you – then sure, even if you’re kind of being a dick.

But to sit there and assume that this is a problem caused by those in the streets is irresponsible, insensitive, and flat-out wrong. The people out in the streets right now aren’t nobodies, doing this for fun; they are citizens who think they have been getting a raw deal for years, decades even, and the death of one of their own, unjustified, by the people tasked with their “protection”, was finally the straw that broke the camel’s back. This isn’t the inane ramblings of a “social justice warrior” claiming that all sex is rape or some other crap. There are cold, hard, verifiable statistics showing that the poor and the black – too often synonymous terms – get an extremely raw deal all over America, and if it doesn’t change, what we’re seeing now will continue to be the new normal.

Note: In the time between this piece being written and being edited for release, six police officers have been charged with crimes ranging from false imprisonment to murder.

1 – Before reading that WT link – if you can get past all those damn surveys – go back up and read that Census link from before.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Let Us Rediscover the Art of the Peaceful Protest and Civil Disobedience this MLK Day


In the year 2015 there are many good reasons to protest: police brutality, injustice, the war on (some) drugs, the war on (some) terror, etc. One thing from Martian Luther King Jr.’s legacy that seems to be lost and something we should rediscover is the art of the peaceful protest and civil disobedience.

King understood that for positive change to occur, he had to truly win the hearts and minds of his fellow Americans. Being a positive example by showing the world that he and his followers would take a stand against injustice without resorting to violence was even more important than the words he spoke to that end. Certainly, not everyone believed in using the non-violent approach. Malcolm X and the Black Panthers believed that violence was necessary to achieve their shared goals.*

Who was right?

Personally, I find the pictures and the videos from the non-violent protests and the acts of civil disobedience to be far more compelling. There’s just something about seeing people refusing to act in a violent fashion against the state which inherently IS violence. This has a way of changing hearts and minds.

Contrast this with today’s protests in Ferguson, New York, and elsewhere concerning the police. For the most part, the protesters are peaceful and are using tactics which King would likely be proud. Unfortunately, however; it’s the nasty protesters that are violent, incite riots, or cheer at the news of cops being ambushed which receives far too much of the publicity. Even holding up signs like “The only good cop is a dead cop” or “fuck the police,” though certainly permissible as recognized by the First Amendment, turns people off who might otherwise be sympathetic to one’s cause.

Sadly, it’s not just a few misfit protesters who think that aggression is sometimes warranted to get one’s way. No less than the pope himself last week in the wake of the Charlie Hebdo terror attacks said: “(If someone) says a curse word against my mother, he can expect a punch. It’s normal. You cannot provoke. You cannot insult the faith of others. You cannot make fun of the faith of others.”

The leader of the same Catholic Church which normally advocates finding non-violent solutions to conflict (such as the Just War Doctrine) says that because someone says something offensive about one’s parents or faith it is permissible to use violence against that person! People’s feeling are more important than the concept of free expression.

I’m not interested in living in a world where I cannot insult the pope or his religion nor do I want to live in a world where the pope cannot insult me or my atheism. The world I am interested in living in is one where we can have passionate, even hurtful disagreements without fearing physical harm to my family, my friends, or myself.

Let us all rediscover the art of peaceful protest and civil disobedience on this Martian Luther King Jr. Day.

While We Were Pretending To Be Charlie, Boko Haram Killed 2,000 Nigerians

ISISflag copy

The Charlie Hebdo attacks have derived almost universal scorn, rightly so. But in the end, twelve people died, with more killed the next day in the ensuing manhunt. At the end of the day, that’s a drop in the bucket compared to what extremist Muslim group Boko Haram has been doing in northern Nigeria since the beginning of the year.

The attackers sped into a Nigerian town with grenade launchers — their gunfire and explosions shattering the early morning calm.

As terrified residents scattered into bushes in Baga town and surrounding villages, the gunmen unloaded motorcycles from their trucks and followed in hot pursuit.

Residents hid under scant brush. Bullets pierced through them.

Some sought refuge in their homes. They were burned alive.

Many who tried to cross into neighboring Chad drowned while trying to swim through Lake Chad.

By the time the weapons went quiet, local officials reported death tolls ranging from hundreds to as many as 2,000 people.

That was January 3, nine days ago.

On Monday, bodies still littered the bushes in the area.

Official estimates vary, but at the very least, a few hundred people are confirmed dead, with local estimates being higher. This does not count the people who drowned on their way to Chad.

The group commonly known as Boko Haram – which translates to “Western Education is Forbidden” – has been around since 2002, but started radicalizing around 2009, when Nigerian police started to arrest members of the group. During this time, the group’s founder, Mohammed Yusuf, was killed under circumstances still in doubt, and was replaced by their current leader, Abubakar Shekau. Since then, the group has been carrying out attacks in northern Nigeria, including targeted assassinations of police and political personnel, which have worked to weaken the almost four year reign of President Goodluck Jonathan. The group came to infamy in the West in April of 2014 when they kidnapped 276 schoolgirls from the state of Borno. The kidnappings led to a hashtag campaign called #BringBackOurGirls by U.S. First Lady Michelle Obama, but outside of the 50 girls who initially escaped, none of the girls have been recovered and have been rumored to have been sold into slavery or forced marriages.

As of this writing, Boko Haram effectively controls northern Nigeria, as well as parts of Cameroon and Niger. This is in the face of Goodluck Jonathan’s 2015 Presidential campaign.

Boko Haram was initially founded as a means of rejecting Western “influences”, but since 2009, they have largely been a network of Al-Qaeda and most recently, the Islamist State. I fail to see the point of the wanton murder of 2,000 people, however. Looking purely from a tactical perspective, what does it accomplish? Is this a “Final Solution” of sorts to what they deem the evils of Western influence? I wish I had these answers.

Nigeria, of course, is a fertile breeding ground for a group like Boko Haram to ferment. They have a weak central government along with few employment opportunities, mass malnutrition, and rampant corruption at all levels of government. One of the points I made in my Charlie Hebdo piece was that people will turn to extremes to survive, and this is a case study in that regard.

However, scholarship only takes us so far. The goal is to find out how to engage this kind of evil. Declaring war isn’t that easy; it’s been demonstrated both that the enemy has literally no regard for civilians, and that civilian death – an inevitability with this choice – makes the enemy – a fluid enemy that cannot be broken down into old-fashioned armies – stronger. We’ve been using this choice since 9/11, and it’s been a failure.

Then again, we’ve seen how passively watching and waiting for things to magically get better works, too. That’s a more historical perspective, but in the case of England’s Neville Chamberlain, it led to the rise of the Nazi empire, and almost led to the fall of Britain.

The difference between Nazi Germany and the current Islamic State – I am shoehorning Boko Haram in with ISIL, as they have done at times – is that the Germans were married to an ideology, whereas the Islamic State is married to a religion, and an ideal that life is better after Earth. As Goldwater pointed out regarding Christians, it’s hard to have a conversation with people who are playing at a life beyond Earth; they’re too deranged. So any hopes at politics, at discussion, and at coming to a peaceful solution might be moot. Even if jihadis are learning a perverted form of Islam, perception is reality.

In the end, it doesn’t matter to the roughly 2,000 Nigerians murdered in January, the 5,000 or so that have been killed since 2009, and the scores more that have been displaced fleeing the violence in that time span. It also doesn’t matter to the thousands upon thousands killed in other areas under pressure from extremist Islam. In his book The Stranger, Chuck Todd notes that Barack Obama viewed Syria as a collection of nothing but “shitty” choices. That could be extended to the whole of the war with Al-Qaeda, ISIL, and other networked jihadi groups. Whatever shitty choice we make, we have to make it fast, or headlines like this are going to become more common. ??Then again, if I had the answers, I’d be telling them in front of the UN and not in a blog.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.
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