Brian Micklethwait's Blog
In which I continue to seek part time employment as the ruler of the world.Home
Laban on Out and about with GD1 (5): Stoke Newington's Amazing Castle
Laban on Out and about with GD1 (5): Stoke Newington's Amazing Castle
Ed Harris on May 2005 was my first big month for photoing photoers
Mr.FC on An extraordinary coincidence
6000 on A smartphone wearing sunglasses
Brian Micklethwait on What writing for Samizdata should now (for me) mean
Brian Micklethwait on The Shard was looking very special today
Perry de Havilland on What writing for Samizdata should now (for me) mean
R Richard Schweitzer on The Shard was looking very special today
Brian Micklethwait on Keeping up appearances in Sydney
Most recent entries
- How David Irving put himself on trial
- Credit where credit is due (in France)
- Zorb football
- Palestra House – then and now
- May 2005 was my first big month for photoing photoers
- White cat – Mick Hartley’s photos and other photos he likes – black and white and colour
- Out and about with GD1 (5): Stoke Newington’s Amazing Castle
- Photographers by the river
- When David Irving called a British Judge “Mein Fuhrer”
- Tomorrow I will get out less
- London dragon
- Sunlight (selectively) on roof clutter
- A smartphone wearing sunglasses
- Out and about with GD1 (4): On the survival of professional photography
- An extraordinary coincidence
Other Blogs I write for
6000 Miles from Civilisation
A Decent Muesli
Adventures in Capitalism
Alex Ross: The Rest Is Noise
Another Food Blog
Antoine Clarke's Election Watch
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Burning Our Money
Chase me ladies, I'm in the cavalry
China Law Blog
Civilian Gun Self-Defense Blog
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Confused of Calcutta
Conservative Party Reptile
Counting Cats in Zanzibar
Deleted by tomorrow
Don't Hold Your Breath
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My Boyfriend Is A Twat
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Category archive: Law
In it, Richard J. Evans criticised some of the more casual observers of the libel case that his book described, for arguing that David Irving ought to be allowed to write what he wanted, as if the case was all about David Irving’s right to be heard. But it was not. It was about whether David Irving could silence one of his more prominent critics, Deborah Lipstadt, who had called him a bad historian and a Holocaust denier.
Yet, there was a reason why this error kept getting made by less than conscientious observers of this case, as Evans himself explained (p. 201):
Yet as the trial got under way, it quickly became apparent that lrving was going to find it difficult to set the agenda. The bias of the English law of defamation brings its own perils for the unwary Plaintiff. By placing the entire burden of proof on the defence, it allows them to turn the tables and devote the action to destroying the reputation of their accuser. Indeed, once the defence has admitted, as Lipstadt’s did without hesitation, that the words complained of mean what they say and are clearly defamatory, justifying them in detail and with chapter and verse is the only option left to them. A successful libel defence therefore has to concentrate, in effect, on massively defaming the person and character of the Plaintiff, the only restriction being that the defamation undertaken in court has to be along the same lines as the defamation that gave rise to the case in the first place, and that it has, of course, to be true. The defence had to prove that Lipstadt’s accusations of Holocaust denial and historical falsification were justified in Irving’s case. Thus it was lrving, not Lipstadt, whose reputation was on the line. By the end of the third week of the trial, as Neal Ascherson observed, the defence had thus succeeded in turning the tables, ‘as if David lrving were the defendant and Deborah Lipstadt the plaintiff’, an observation shared by other commentators too. ‘In the relentless focus on Irving’s beliefs,’ wrote Jenny Booth in the Scotsman, ‘it was easy to forget that it was actually Lipstadt’s book which was on trial. Increasingly it seemed that it was Irving himself.’
Having thus put himself on trial, Irving was then found to be guilty as charged.
Certainly in London and I presume everywhere else in Britain, when you see lots of verbiage attached to the outside of a building site, it tends to be health and safety stuff, of the sort shown in this posting, which I did here in February 2011. (That was the very first posting I did with the category “Signs and notices” attached to it.)
In the summer of that same year, I was in France, where I took the picture that follows. But I never got around to displaying it here. Here it is now:
This is a sign that I saw adorning the outside of a French building site.
To me, it resembles nothing so much as the credits at the end of a movie. Every imaginable contributor to the building process is painstakingly listed. Click if you want to be able to read everything more clearly.
Although I am sure I might be persuaded otherwise (for instance by people with knowledge of the relative merits of the actual work that tends to be done in each country), I think the contrast is rather in France’s favour.
In France, everything that has been done, and by whom, is listed. Presumably it has been done in a manner to make the people who did it glad to have their names in, as it were, lights. In Britain, every imaginable thing that might go wrong is listed, in the form of an imprecation that people not do this. It’s the difference between being proud of what is being done, and being nothing but apologetic about it.
Right at the end, though, it does say: “chantier interdet au public, port du casque obligatoire”. This means (unless the internet has gravely deceived me): “access forbidden to the public, helmet obligatory”. So, a bit of health and safety nagging there. But that’s all there is.
In Britain, you also sometimes get a rather shorter list of the grander and more professional of the enterprises people who are doing the job, but not nearly so much is made of this, compared to all the stuff about being ever so, ever so careful.
I have been reading Richard J. Evans’s account of the libel trial which took place at the High Court in 2000, in which David Irving sued the American historian Deborah Lipstadt, and her publisher Penguin Books. In one of her books, Lipstadt had called Irving a bad and dishonest non-historian, and Irving was trying to suppress this opinion. Irving lost.
Richard J. Evans was the expert witness who did most to blow Irving’s claims to be an honest and effective historian out of the water.
The Evans book is entitled Telling Lies About Hitler. At the end of the chapter in it entitled “In The Witness Box” (p. 231), Evans recounts a truly extraordinary moment, right at the end of the court proceedings:
And when it came to rebutting the defence charge of consorting with neo-Nazis in Germany, Irving’s habit of improvising from his prepared text led him into a fatal slip of the tongue, as he inadvertently addressed the judge as ‘Mein Fuhrer’. Everyone in court knew that he was referring to the judge as ‘Mein Fuhrer’ from the tone of voice in which he said it. The court dissolved into laughter. ‘No one could believe what just happened,’ wrote one spectator. ‘Had we imagined it? Could he have addressed the judge as “Mein Fuhrer”?’ Irving himself denied having made the slip. But amid the laughter in court, he could be seen mumbling an apology to the judge for having addressed him in this way. Perhaps the slip was a consequence of Irving’s unconscious identification of the judge as a benign authority figure. Whatever the reason for it, with the laughter still ringing in its ears, the court adjourned on 15 March 2000 as the judge prepared the final version of his judgment on the case.
It’s actually the final sentence of the Samizdata quote of the day:
Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.
It’s Edward Snowden, in one of those unwieldy comment thready things that I never read.
Guy Herbert doesn’t add what comes next, which is also good:
A free press benefits more than just those who read the paper.
Here is a picture of Edward Snowden, that I took in June of last year ...:
... in Battersea, right across the road from where the big new US Embassy is being constructed. (Pictures of that, as recently was and as soon will be, here.)
So, I googled aircraft coming in to land over closed civilian roads, and to my surprise I came across another use for a drone:
This one looks like it might be spraying stuff on the crop below. Obvious, I know, but I am collecting these things. The drone is yet another gadget that the banning classes would love to ban, but it’s just too useful.
But you can see how this will mean a whole new sort of newsworthy accident. Or, even better, of newsworthy malevolence.
Police in India have a new weapon for controlling unruly protesters in the world’s largest democracy: pepper-spraying drones.
Yashasvi Yadav, police chief of the northern city of Lucknow, said on Tuesday that his officers have successfully test-flown the newly purchased drones with a view to better crowd control.
So, when will BrianMicklethwaitDotCom be linking to a story about how the protesters have their own drones, to attack the police drones with? Drones are not just the automation of aerial warfare. They are the potential degovernmentalisation of aerial warfare. I mean, how the hell will they stop this? Drones are ridiculously cheap compared to regular airplanes. It’s only a matter of time before no major political demonstratiion will be complete without a struggle for command of the air.
I wonder if people like Police Chief Yadav realise what they may be starting.
For all his joie de vivre, Jardine is a master drone builder and pilot whose skills have produced remarkable footage for shows like Australian Top Gear, the BBC’s Into the Volcano, and a range of music videos. His company Aerobot sells camera-outfitted drones, including custom jobs that require unique specifications like, say, the capacity to lift an IMAX camera. From a sprawling patch of coastline real estate in Queensland, Australia, Jardine builds, tests, and tweaks his creations; the rural tranquility is conducive to a process that may occasionally lead to unidentified falling objects.
Simply put, if you’ve got a drone flying challenge, Jardine is your first call.
So, Mr Jardine is now flying his flying robots over volcanoes. There are going to be lots of calls to have these things entirely banned, but they are just too useful for that to happen.
When I was a kid and making airplanes out of balsa wood and paper, powered with rubber band propellers, I remember thinking that such toys were potentially a lot more than mere toys. I’m actually surprised at how long it has taken for this to be proved right.
What were the recent developments that made useful drones like Jardine’s possible? It is down to the power-to-weight ratio of the latest mini-engines? I tried googling “why drones work”, but all I got was arguments saying that it’s good to use drones to kill America’s enemies, not why they are now usable for such missions.
It often happens with me that, while rootling around in the archives for one picture, I stumble across another which strikes me as worth showing to the massed ranks of BrianMicklethwaitDotCom’s readers.
Pictures like this, for instance, which I took at the top of the Monument, in November 2012:
Small, blurry, totally recognisable. Definitely a Big Thing.
As for all that wire netting (which I believe dramatically lowers the cheese content of the above shot), well, here is another shot, of how matters at the top of the Monument used to be not so long ago:
I took that in July 2007. (Note the pleasingly dated camera.) The change from prison bars to wire netting, which happened soon after that, was presumably because of different versions of health and safety. Originally there was neither, just some waste high railings. See this hand-done photo “by Canalleto (after)”, whatever that means. (His production line, but not him, maybe?) And see also this picture.
BMdotcom What if? of the day
Christmas tree with scaffolding
Photo-drone wars to come
On the rights and wrongs of me posting bits from books (plus a bit about Rule Utilarianism)
Pictures of Guy Herbert
The Met swoops on the Adams Family
Algernon Sidney sends for Micklethwait because Micklethwait is wise, learned, diligent, and faithful
Interesting software NewZ
Should Broad have walked?
Samir Chopra on how match fixing turns cricket into not cricket
Wedding photography (2): Signs
Big Things and small things
Health and safety on a mountain in Borneo
Misspelt (correction: Italian) signs of the times
Noticing signs of the times
The long and short of conversation - Hitchens on YouTube
Andy Flower urges England fans not to punish cricket for being corrupt
Ten thoughts about the Pakistan cricket corruption story
Why not just sell them?
Graeme Swann on drink-driving charge after 3am dash to save kitten
A response to the cyclist menace
Three cheers for Molly Norris but also a few small grumbles
“Is this a case of us operant-conditioning them or them operant-conditioning us?”
Me taking pictures in a funny way while it’s still allowed
Was it Sweeney? And what else were they trying to suppress?
Johanna Kaschke versus the Deluded Leftwinger
The Instadaughter on the morals of actors
Why I object to Madam Scotland and why I don’t
Snapping the police
Photographers in bother
It all depends on whether there is anything worth Twittering
Photoing the Police
Edinburgh’s Billion Monkeys must be chivalrous!
How patent lawyers destroyed a mathematician
Twickenham shop attacked by the Dark Side of The Force
Michael Jennings on private law in Hollywood
Alisher Usmanov is now better known for being nasty
Links and guns
“That’s not Minnie Mouse - that’s a cat with large ears”
A double cricket surprise
The rights and wrongs of multiple marriage
Leon Louw talks about the habits of highly effective countries