In early 2023, I began watching NHK (Japan’s state broadcaster, akin to the BBC) and discovered a breath of fresh air. A news channel that tells the news in English and has no weird politics or stances it pushes onto you. It was from this, that I noticed that a lot of their programs were different documentaries, mostly which were short that depicted various aspects of the nation’s culture and history. These often ranged from showcasing different cuisines to local history and sports from across Japan. It was from this, that I ended up on a show called ‘Cycling around Japan’, a simple show I must admit of individuals as the name would suggest, that cycle around Japan. A typical episode can be found here.
Its format is simple: follow a non-native individual on a bike around Japan, watching them interact with and appreciate the different locations across the country. As someone who has never been to Japan, nor bikes, why should I be drawn to such programming especially as it is something that would not attract an individual like myself? To understand that question, we must first look closer to home as to why I do not watch my country’s state broadcaster.
Although criticism of the BBC has always really existed, it has become heightened in the last twenty years regarding the content it produces and its lack of impartiality. What the BBC typically used to do well in was its long-form documentaries, we can think of these being narrated by individuals like David Attenborough. Additionally, there are also short formatted programs that showcase the beauty and appreciation for the country we call home. From this great catalog of work, we now look at the BBC and its programs. A recurring trend we have seen emerge is that of the widespread self-hatred that makes up the BBC and often its presenting class. In recent years numerous programming and shows have been produced on the failings and detractions of Great Britain and the British people. Of course, the BBC still does produce great work and shows for all, but the rest of the time it suffers from an oikophobic disease which is particular to the modern West. But NHK does not have/ hold this problem, the programming is largely these very respectful documentaries that promote Japan and its people.
The real question should be this, why does NHK work and the BBC receive widespread criticism? Well, I would argue it is because of shows like Cycling Around Japan, which we can contrast with other shows. How many times have you watched a show or a piece of media from the BBC, which has either been presented by someone who does not like the country they call home or completely misrepresents the nation as a whole? There is no Afua Hirsch, no David Olusoga and no Kehinde Andrews. I would argue this is part of a wider historical trend of showing only one side of a story, portraying the West/Europe in an ultimately negative light.
So why is Cycling around Japan different?
Firstly, this is common across all NHK shows. Nearly all the presenters have a deep love and interest in Japan, the subject matter they are dealing with. Moreover, all the non-Japanese who do the cycling speak fluent Japanese, having lived in the country for a decade-plus, possessing an already basic level of respect and appreciation for the culture they are traveling through and exploring. There are times when BBC presenters are not too interested in presenting Britain at all, opting to address their subjects at an arms-length with a slight hint of embarrassment. NHK does the complete opposite.
A show like Cycling Around Japan, works due to its simplicity and its appeal to traditional life, which for many makes the country a place of envy. From meeting furniture makers and sake brewers, we are constantly seeing and interacting with individuals dedicated to the perfection of their craft. It is this focus and interest in a wide range of activities all across the country, that creates this understanding and love of the little things in life. Combined with the added interest in beautiful scenery, clean peaceful streets, and rich history, we cannot help but fall in love with such a nation. A wholesome slice of life shown to us through the eyes of an English-speaking, non-Japanese person who throws themselves into every interaction and encounter.
This is partly why NHK works and the BBC does not; its state broadcaster has lost this love and appreciation for the country it calls home and subsequently cannot produce anything like this of substance. What we can observe is something rather achievable, a national broadcaster that produces simplistic but enjoyable content that is not self-loathing. Indeed, content can be as simple as allowing a non-native to cycle around the country, meeting and learning about the nation as they go, and make for an excellent watching experience. Meeting artisans, farmers, and musical instrument makers, we are presented with a truer reflection of the country and its many inhabitants.
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Let’s Talk About Sex (Work)
"Sex work is real work, unlike being a landlord"
— Radical Graffiti (@GraffitiRadical) January 15, 2024
Spotted in a public bathroom in California pic.twitter.com/BJn3qJh1uJThis tweet from @GraffitiRadical invoked quite the conversation. Well, as much conversation as you can have on Twitter. Some argued that it is empowering and that it’s a legitimate profession. Others argued that it’s exploitative and damaging. Some refuse to even use the term ‘sex work,’ favouring language such as prostitution. To others, it’s interchangeable.
However, currently and historically, the technical and legal term for sex work is prostitution, something many advocates wish to see changed, arguing the term creates stigma. Opponents of the practice would say this is rightly so, given the nature of the practice.
However angry the arguments, however poor, it doesn’t take away from the fact that it’s something that exists. It may be tucked away in the shadows of the night or blatantly advertised on OnlyFans, but it exists. They don’t call it the world’s oldest profession for nothing. Pictures and paintings showing prostitution still exist from the times of Ancient Rome. Courtesans could make a lot of money by being chosen by a rich benefactor. The 90s film Pretty Woman showed the profession in a new light.
Whatever you want to call it, there’s still a major debate about the morality and legality of prostitution. One only must look across the world to see how different cultures tolerate the practice-or if they do at all. That being said, laws do not always impact supply and demand. Prostitution exists in liberal secular nations as well as conservative religious ones. It happens in peacetime and in wartime. Prostitutes and clients come from all walks of life.
So, what is it really?
The Whos and the Whats
When we think of prostitution, we often think of ladies in revealing clothing on street corners. That may be true, but streetwalkers aren’t the only type of prostitute. There are those who work in brothels, massage parlours and bars, or as escorts or cam girls. One may think of the window and door girls in Amsterdam. Other forms exist but are rarer.
Statistically, it’s thought that the vast majority of prostitutes are women. According to Streetwalker, 88% of prostitutes in the UK. That percentage is likely applicable worldwide give or take, but we will never truly know given the taboo nature. Sadly, child prostitution is not unheard of and is indeed common, with some areas being tourist hotspots for those interested in that.
Entry into prostitution also varies.
Types of Legislation
There are five types of legislation regarding prostitution.
Legalisation
In legalisation, prostitution itself is both legal and regulated, as are associated activities such as pimping and earning money. Countries with this framework include The Netherlands, Argentina, Turkey, Bangladesh, and Germany.
The Netherlands is probably the most infamous example of legalised prostitution. Its capital of Amsterdam is a hotspot for prostitution, and its red-light district is equally well known. There is strict regulation of the trade as with any ordinary profession, and prostitutes have been required to pay income tax and register with the Chamber of Commerce since 2010. While they are taxed, they may also receive unemployment benefits, though they do not if they work through the opt-in system.
Some limits do exist to protect the vulnerable. The hire or use of prostitutes under 21 is illegal, as is purchasing sex from someone you know, or suspect has been trafficked.
Despite benefits for the parties involved and protections for vulnerable people, it’s no cakewalk. The Netherlands still remains a top destination for human trafficking due to the demand for prostitution. Most prostitutes in The Netherlands are not native, giving credence to the narrative of human trafficking. Meanwhile, prostitutes themselves feel as though the government is not on their side. The majority of those who apply for registration do not get it, whilst local authorities are closing windows and do not allow prostitutes to book clients online. In response, prostitutes are complaining that the restrictions reduce demand and make it harder for them to find work.
Decriminalisation
New Zealand, Belgium, New South Wales and Northern Territory
Decriminalisation means that there are no legal penalties for prostitution but that it is not legal itself, nor anything associated with it. Countries with this framework include New Zealand, Belgium and parts of Australia, such as New South Wales and the Northern Territory.
New Zealand became a model for decriminalisation following legislative changes in 2003. Prostitution, living off earnings, soliciting and contracts are all legal. The government recognises it as work but does not promote it. Limitations do exist, such as using girls under 18, those on short-term visas entering the trade and non-Kiwis or Aussies owning brothels.
Whether or not this has succeeded in helping prostitutes depends wildly on opinion. Anecdotal evidence varies- the lady in this piece feels much safer, whilst another argues it’s still incredibly dangerous. A report from July 2012 by the New Zealand government concluded that whilst it was far from perfect, it had made steps in the right direction. This report says otherwise.
In terms of advocacy, the New Zealand Sex Prostitutes Collective (or NZPC) is the largest in the country. They help any prostitute and advocate for all types. Their website explains the New Zealand model and their case for why decriminalisation must stay.
Abolitionism
In abolitionist legislation, the act of prostitution is legal, but everything else related to it is against the law. Countries with this framework include Madagascar, Democratic Republic of the Congo, Mexico, Brazil, and Great Britain.
Great Britain has long had an abolitionist model. Like the Netherlands, it’s illegal to have sex with a prostitute who has been trafficked. The age of prostitutes is also set at eighteen, higher than the age of consent of sixteen. All other parts of prostitution, such as living off wages and brothels, are illegal.
Groups both for and against prostitution exist. Both the English Collective of Prostitutes and the Sex Worker Advocacy and Resistance Movement (SWARM) support full decriminalisation. Streetlight U.K. and Beyond the Streets. Meanwhile, the safety of prostitutes in the U.K. is precarious. One 2018 article states that the mortality rate for prostitutes is twelve times the national average for example. Those with opposing views are at odds on what would help.
Neo-Abolitionism
In neo-abolitionism, the act of selling sex is not a crime, but buying it is, along with other associated acts. This is often called ‘The Nordic Model.’ Countries with this framework include Canada, Spain, Ireland, Sweden and Norway.
Sweden’s lurch towards neo-abolitionism at the turn of the century was the first of its kind. In 1999, they made the act of selling sex illegal, with everything else remaining against the law.
A 2010 investigation from the Swedish government came to this conclusion:
- Street prostitution had decreased.
- The law had acted as a deterrent to prospective buyers of sexual services, reducing demand.
- The law had deterred trafficking, as criminals had not so readily sought to establish organised trafficking networks in Sweden.
- The number of foreign women in prostitution had increased, but not to the extent noticed in neighbouring countries.
- Online prostitution had increased in line with all other sold services since 1999, but not to the extent that it could be said that street prostitution had simply migrated.
- Exit strategies and alternatives had been developed.
- There had been a significant change of attitude and mindset in society.
- Adoption of the law had served as a pioneering model for other countries.
Street prostitution has also decreased by 50% since 1995. A 2021 report also showed that the use of online services has increased, particularly among young people.
As of 2023, prostitutes are taxed on their income.
Unfortunately, Sweden remains a top destination for sex trafficking. The number of those trafficked into the country has steadily increased over the years, particularly children. Sweden tends to be very proactive in combating trafficking, but opponents may point to this as an example as to why their laws do not work.
Red Umbrella Sweden, a group made up of current and former prostitutes, is one example of advocacy. They oppose the Nordic model and push for full decriminalisation.
Prohibitionism
In Prohibitionism, anything to do with prostitution, including the act itself, is illegal. Countries with this framework include Egypt, South Africa, the USA outside of parts of Nevada, China and Russia.
Prohibitionist Egypt actively prosecutes those who partake in prostitution. One can receive between six months and three years in prison for the crime, as well as a fine. All other acts linked to prostitution, including facilitating it and profiting from proceeds can get a person up to three years in jail. Adultery is also a crime, but one that unfairly penalises women more. Women who commit adultery can receive three years in prison, but for men it is six months, and only if it is done inside the home.
One way in which charges of prostitution can be avoided is through a temporary marriage-or nikah mut’ah. It is common in Muslim countries. For a specified period of time, which can be between hours and years, a couple is said to be married. This allows any sexual activity done in this time to be ‘legitimate.’ Payment is often involved, as is a dowry. The length of time of the marriage must be chosen beforehand and the father of the girl must give his consent if she has not been married before. It is said that Arab men often travel to Egypt for the summer and engage in these marriages. Both Western and Muslim feminists argue that this facilitates prostitution.
Arguments For and Against
Prostitution has its supporters and its critics. They make varying points based on personal views, religion, ideas of women’s rights, economics, and other things.
For:
Consenting Adults: Probably the most libertarian argument of the bunch, some contend that as long as it’s involving consenting adults, then what’s the problem? An argument is to be made that so long as both sides are consenting to sex, then it is a victimless crime. One must also remember that they are surely consenting to risks of pregnancy and STIs by this action and are thus unable to complain about said risks. Philosophically, it’s an argument of self-ownership of the body, and thus being able to do with it as one pleases. If we circle back to those involved being consenting adults, then there’s the argument.
Taxation: In Nevada, Sweden and The Netherlands amongst others, prostitutes are subject to income tax. Brothels are also subject to business tax in Nevada. From a purely economic standpoint, some would argue that this is just good business sense. By legalising prostitution, you’re creating an income stream that can be used like any other. Those taxes may go into welfare benefits for the prostitutes themselves, or other things such as schools and healthcare.
Safety and Justice: Proponents argue that if prostitution is legal or at least decriminalised, then prostitutes who have been raped, robbed etc will be able to go to the police. This is the case in New Zealand, as police will respond to prostitutes in distress. Those for legalisation argue that by keeping prostitution underground, those who are in genuine need of help will not reach out due to fear of being arrested themselves. That is, however, assuming police will be of any help. That said, it also could reduce the risks of clients doing anything bad, as they would be aware that there are consequences.
Health: With some prostitutes having been arrested after large amounts of condoms were found on them, some argue that criminalisation may decrease the sexual health of both prostitutes and clients. If a prostitute chooses to have sex without a condom, there’s a potential spread of STIs, both treatable and more serious. Furthermore, if it is legal, then outbreaks can be more easily traced and stopped. One might point to Nevada, with its mandatory testing, condom usage and barring violent customers.
Inevitability: Prostitution is, as has been previously said, often named the world’s oldest profession. It happens in poor and rich countries, conservative and liberal places, and in both peace and wartime. One only must see how widespread it is. Thus, one might argue that seeing as prostitution is essentially an inevitability, it might as well be legal and moderated. After all, centuries of illegality haven’t stopped it. That being said- a lot of things are inevitable.
Against:
Forced Prostitution: There’s no way to determine the amount of prostitutes forced into the job by trafficking, but the amount certainly isn’t zero. Legalisation, even with law enforcement backing, does not necessarily prevent trafficking. There’s a bit of back and forth as to whether legalisation increases or decreases trafficking, but the point stands that it will always be there. By legalising it, it seems almost certain that violent pimps and traffickers will not have more of an imperative to flood the market.
Class and Sex: The vast majority of prostitutes are women. Of those in the trade itself, a number are either trafficked or come at it from an economic standpoint. Those who are most at risk of trafficking or survival sex come from minority and poorer socio-economic backgrounds. This thus puts them at a disadvantage when being put with clients who have the ability to pay for their services. Is that not taking advantage of the most vulnerable?
Normalises: Much in the same way the ‘consenting adults’ justification is a libertarian argument, the next is more conservative in nature. One might say that legalising prostitution might normalise it. For some, normalising it is not an issue. For others, they may not want to normalise casual sex with strangers. This is especially true if the clients are married as it could serve as an outlet for adultery. In a feminist twist on the argument, one might say that it normalises a more powerful person paying for the body of a marginalised one.
Doesn’t Stop the Root Causes: There are numerous reasons as to why people enter prostitution. Some want to simply work at something they enjoy or take advantage of the potentially good pay. Others are victims of trafficking, survival sex, poverty, or addiction. Some argue that legalising prostitution does not get to those root causes. People may still enter prostitution because of those reasons even if it is legal. Would it be preferable to help those most in need?
Doesn’t Stop the Violence: Proponents of legalisation and decriminalisation argue that prostitutes are safer under those methods. Whilst that may or may not be true, it doesn’t prevent violence at all. One might point to the murder of Anna Louise Wilson, a New Zealand prostitute murdered after the client refused to wear a condom. Another might point to the fact a prostitute was murdered in a German brothel, the largest in the world.
What Do We Do?
When it comes down to it, it’s clear that there isn’t much of a consensus on prostitution. Despite the trend towards legalisation and decriminalisation, there are still those who oppose it.
Prostitution isn’t just a woman- or a man- having sex for money. It’s about choice, desperation, desire, and fear. There are those who see it as a job, whilst there are those who were forced into it. Some want to leave. There are pimps, brothels, websites, street corners and clients, not by sheer accident, but because supply is often preceded by demand.
Of course, we must listen to prostitutes themselves. They are the ones with first-hand experience of selling their bodies at great risks and under varying circumstances. Many have been victims of child sexual abuse, rape, domestic violence, and addiction. For those who are comfortable in their trade, legalisation and decriminalisation is considered a comfort. For others, it’s no safety blanket. Indeed, many supporters of prostitution uniformly view prostitutes as consenting participants whilst many opponents uniformly view them as victims of manipulation. Unfortunately, things aren’t that simple.
There are some reading this who will want prostitutes to be able to freely work without governments coming down on them. There are others who may be disgusted at the idea of the state sanctioning it. Whatever the case, one hopes that this article has helped them understand the dimensions of debate which surround this controversial and complex issue.
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Stop Pigeon Hate
Why is the pigeon so hated? Is it due to his availability as a target? After all, he is a common sight in our towns and cities, so common he can seem like an omnipresent nuisance.
Maybe it’s his appearance? Admittedly, he is less stunning than other birds; his generally grey countenance is far less pleasing than the radiant scheme of a kingfisher or the sparkled wings of a starling.
Perhaps it’s his stature? Small and stout, he’s certainly an easier target than any bird of prey, lacking the brawn of an eagle or the sleekness of a falcon.
Whatever the case, the pigeon does not have a good reputation. Recently, he has faced criticism for a variety of reasons, from trying to liberate mankind from its self-imposed enslavement to mass media, to taking over a house after the landlord made the avoidable mistake of leaving the windows open for four weeks.
In my view, the public’s attitude towards pigeons can be best summarised with a well-known, albeit not entirely original, comment from Ken Livingstone, former Mayor of London: “pigeons are rats with wings.”
Now this is simply not true. Given the opportunity, the pigeon shows himself to be a considerate and upstanding member of our society, which is certainly more than can be said for many of its human participants.
Naturally, some nuance is required. After all, there are many different types of pigeon and there is no strict distinction between a pigeon and a dove, the latter of which has marginally better connotations, such as being a symbol of peace and salvation.
The largest and most common pigeon in the UK is the woodpigeon. Shy and tame, they are mostly grey with white patches on its neck and wings. Although primarily found in rural areas, they can also be found in more urban areas.
Due to their sizeable presence, you’ve definitely heard their call, especially if you live in suburban England. The soundtrack to a gloomy Sunday evening, their gentle cooing stirs a sense of melancholy in the local children, reminding them they have got school tomorrow.
Secondly, there is the collared dove, which gets its name from the black mark which stretches around the back of its neck. Pale brown, with reddish eyes and feet, unless there’s a buffet on offer, they’re almost exclusively seen on their own or in pairs.
Indeed, the collared dove’s unwavering monogamy is arguably more defining than the mark to which it owes its name. Wrapping only half-way around it’s neck, hence it’s comparison to a collar, when united with another collared dove, it becomes a full matrimonial ring. How’s that for nature’s poetry?
Then, there are rock doves. Also known as the feral pigeon, they are ancestors of domesticated pigeon. Coming in a diverse range of colours, from dark blue to black, from pale grey to white, from a rustic brownish orange to a brick-red.
These are the urban sprawl of pigeons. Whilst all creatures are innocent until proven guilty, should you find a stray blob of poop on an inner-city pavement, he’s going to be your prime suspect. When people speak of rats with wings, they think of the cooing greaseball known as the rock dove.
Similar to rock doves, stock doves have darker feathers, especially on their rump and wings, a distinct green neck patch, and a pink chest. Concentrated in the English midlands and southwest, becoming rarer in northern Scotland and Ireland, the UK is home to over half their European population.
However, unlike the rock dove, the stock dove is less likely to be seen in urban and suburban areas, preferring farm life to big city living. This is because he is generally shyer and more averse to humans than his cosmopolitan cousin.
Finally, the turtledove is the runt of the flock, being only slightly bigger than a blackbird. Arriving in the UK in spring and leaving for Africa in winter, its feathers are a distinctive mottled mix of a black and golden brown, with a white-rimmed black tail.
Unlike his relatives, the turtledove is a picky eater, choosing to indulge on cereal grains, oilseed rape, and chickweed. Unfortunately, due to his refined tastes, the turtledove has been in decline since the mid-90s, largely due to a lack of his favourite delicacies.
Given this, we can see that the pigeon is not merely a rat with wings. All at once, the pigeon is a sensible everyman, a young lover, a boisterous yuppie, a country bumpkin, and a persecuted aristocrat. They are diverse and endearing creatures with varying personalities and habits, reputations and interests, but much of the public want to exterminate him over a few measly droppings.
Every bird defecates, but the pigeon is solely hated for doing so. It’s for this reason I militantly oppose anti-pigeon architecture. Every public building in Britain is glazed with spikes, ruining their appearance in the name of protecting it.
On several occasions, I have sat in York station, waiting for my train home, with a quiet emotional investment in pigeons looking for somewhere to perch, watching them steer clear of the spikes, mentally cursing the communist station master who had them installed.
I’d prefer railway staff clean up bird droppings than behave like members of the Cheka, indulging their pathetic power fantasies by shouting at people for standing less than a country mile behind the yellow line. Mate, mate, mate. Health and Safety, yeah?
Following the riots of Oxford Street, which included looting and violent clashes with the police, one left-wing academic suggested the chaos could’ve been avoided if the rioters had access to public swimming pools.
As most people realised at the time, this suggestion is ridiculous on a number of levels. For one, unlike animals, humans have an innate tendency towards evil. It is easy to imagine machete brawls between illiterate migrants and fake bomb threats by TikTok pranksters overrunning such places.
However, it raises an important, if only loosely related question: why are there so few public birdbaths?
Despite his reputation as a feathered hobo, the pigeon is quite a cleanly creature, taking every chance he gets to fastidiously groom himself.
We have a birdbath in our garden, and we have many regulars, our most well-known being an especially rotund and fluffy woodpigeon, whom my mother affectionately refers to as Fat Wilbur.
I do not see this ‘winged rat’ Livingstone speaks of. Wilbur makes his stop, does what he needs to do, takes in the atmosphere, before moving on his way, not wanting to overstay his welcome. Should other pigeons accompany him, he makes room, as they do for him, and all is well.
The idea that such tranquillity could emerge in a society as presently low trust as ours is simply absurd. Of course, being a pigeon, it’s unlikely he does this for any pretentious, perception-based reason. Indeed, his fixation must be rooted purely in the value of cleanliness itself!
However, contrary to pervasive anti-pigeon sentiment, the pigeon is not only a cleanly creature, but a clever one too.
It can be hard to accept that pigeons, creatures known for flying into windows and pecking at cigarette butts, can distinguish between Picasso and Monet, but they can. In fact, according to the scientific research we have, pigeons are amongst the most intelligent birds in the world, showing a variety of relatively complex cognitive abilities.
Of course, whilst it is undeniable that humans are much smarter than pigeons, we do not use our superior faculties particularly well.
Whilst humanity may be threatened by the whims of idiots or a lack of imagination, hindering our ability to innovate and develop, our kind is similarly threatened by overthinking.
As a result, we deny ourselves the ability to be authentic, we shun risks in the name of avoiding embarrassment and pain when such risks could just as easily bring us laughter and joy. In the words of Paglia: “consciousness has made cowards of us all.”
As such, we should not be surprised when pigeons manage to be funnier than us. Just by being what they are, pigeons are funnier than basically every living comedian. Every wannabe BrewDog-sipping funny man, with his safe-edgy humour and hashed-out irony, fails to be more amusing than a random birb going about its business.
Walking around in circles, sporadically pecking the pavement, stopping occasionally to exhibit his dumbfounded ‘the lights are on, but nobody’s home’ expression, bobbing its head like its listening to a really good song, it is a grave fault in our being that a character as innocently absurd as this is considered less amusing than James Acaster.
Even the mere idea of a pigeon is funnier than most human attempts at humour. Go ahead, in your mind, visualise a pigeon (don’t worry, the cops can’t do anything… yet). You see that? Now that’s comedy. If you deny this, you Just Don’t Get It. Not much I can do about that.
Looking at these odd creatures, has nobody once thought: what are they up to? What’s their game? Why did they peck there and not there? Why did he take flight for seemingly no reason? Is there some secret pigeon meeting he needs to get to? What’s his schedule? Does he have time for an interview?
Yet, despite his apparent gormlessness, it is clear pigeons are far more sensitive than the average human.
If you’ve ever commuted anywhere via public transport, you’re no doubt familiar with the hectic nature of it all. From the loud noises to the chaotic stampedes, from the excruciating delays to the dodginess of certain folk, commuting isn’t exactly what most people would call an enjoyable experience.
Of course, whilst we might find certain aspects of commuting more annoying than others, we all agree on one thing: the worst part of commuting is other people.
Compare this to the pigeon, who shows consideration for personal space, does not play loud music, doesn’t try to con you out of your money, and generally minds its own business, preferring to get out of your way, rather than get into it.
If what Sartre says is true, that hell is other people, perhaps heaven is to be in the company of animals. More to the point, who is better company on a long commute than a pigeon?
Undoubtedly, the pigeon is not a faultless creature, and the shortcomings of us and other beings cannot excuse or undo this fact. That said, any fault which can be found with the pigeon can easily be remedied by human custodianship. We must spare him from the misguided disdain of busy adults and the clumsy tyranny of misbehaved children.
Pigeons are not flying rats, nor are they government spies. They are our friends and we should treat them as such. Stop Pigeon Hate!
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Labour’s Plans for Constitutional Reform
First principles
We need to begin by understanding what a constitution is and what it ought to do. The history of the constitution as a political idea is one in which a single term came to be associated with the twin principles of the “spirit” of the people over whom politics is exercised, and the “health” of the body politic from whom the government is drawn.
It is no coincidence that the word “constitution” emerged in politics to refer to the central laws (written or otherwise) that govern a community, during a period of increased use in the medical community to mean “health”.
A simple Ngram chart shows that, whilst “medicine” and “constitution” have an established history of coterminous use, from the mid-1720s onwards – a time of increasing popularity of focusing on constitutions in the modern sense as a written set of basic rules upon which all laws should be based – the use of constitution skyrockets.
Carl Schmitt wrote in the 1920s that a constitution ought to be a reflection of the people, as they exist simultaneously above and below the political order that seeks to represent them in the world. Above, because like Hobbes’ Leviathan they tower over all political figures in judgement; below, because they are the very foundation upon which all political institutions can be built. If a people ceases to exist, then the institutions become hollow machines turning and maintaining themselves for nobody but themselves. And it must be remembered that institutions, as all things incorporated in some way, become entities in themselves.
A constitution is, therefore, simultaneously the spirit and mind of the people. The spirit, because it captures what Montesquieu attempted to identify in L’Esprit de Loi, the spirit of the laws; the truth that there is something intangible behind the tangible laws by which political institutions operate. In other words, rather than analysing the laws that existed, Montesquieu asked why those laws existed, rather than some other set of laws, in the political community in which they were practised. Why did the English have the common law, when the French had parlements? Etc.
The mind, because the constitution moves beyond unthinking instinct and into the strategic realm of forward thinking, extended temporal existence and predictable security. As Montesquieu feared of tyranny, and as Hegel recognised of Spirit in Man’s infancy, when the law becomes the domain of a single person, fear is the spirit of the legal order because there is no predictability, no consistency. Arbitrariness becomes the basis of decision making. It was not fear as fear of the government itself, but fear of the inability to know what the consequences from the government might be.
A constitution, then, speaks the unspoken sentiments of a people and does so in a consistent and unifying way.
The question that arose in the enlightenment over whether this speaking constitution should move to the page and transform from an unwritten to a written document was, of course, central to what Yuval Levin called the great debate between Edmund Burke and Thomas Paine. Whilst Paine railed against what he saw as the “tyranny of the dead” when Burke defended tradition and custom, Burke gently replied that it is the very dialogue that thrives between the living and the dead that produces freedom; just as a traveller in a forest might wander from the beaten path and find a lush grove, so too might he get lost in a swamp. Innovation and the freedom that experience brings with it is possible only when there is a point from which you begin.
Instead, said Burke, it was that very tyranny – of a dead set of people from a particular moment in time – that would be cemented in a written constitution. Rather than allowing for the continual expression and interrogation of custom and tradition that comes with an unwritten constitution, a codified one would narrow the temporal horizon of a people into a strict moment in time in an attempt to speak forever. Some of the American Framers argued that a way around this would be to revise the constitution at the end of every generation – roughly 19 years or so. Sir Roger Scruton put the problem very (and typically) eloquently when he said that the Treaty of Rome was written in a year that’s gone for a circumstance that has passed by a group of people that are dead.
The two great constitutions that emerged in the late-1700s – in America and in France – had two very different goals that determined the direction in which they moved. America, said the political historian Hannah Arendt, framed a constitution on a set of institutions that already existed expressing a people that already had a heritage. For that reason, the American constitution can be said to have achieved those two goals around which this briefing note has thus far revolved: the expression of the spirit and mind of a people. France, on the other hand, attempted to create a people through the act of constitution: the Bretons, the Provencals, the Roussillions, the Orleanais, all were to be washed away and the remnants dissolved in the universal humanity of la France. The French constitution preceded a people; the American constitution expressed one.
Yet the constitution that has thrived where even the American one has failed has – or had – been the British one.
In their obsession with formalism and written rules, most psephologists have made the mistake of thinking that Britain’s constitution, uncodified though it is, can be found in the many documents that stretch from Magna Carta through the Bill of Rights to the Act of Union to the Great Reform Acts to the Parliament Acts to the Human Rights Act. No – to do so is to mistake a man’s words for the man himself. These are not Britain’s constitution, but the consequences (and in many places, the mutilation) of the constitution itself.
What is Britain’s constitution?
It is the Parliament itself.
Parliament, in the synecdochal slip of the tongue common in modern politics, is not the House of Commons, nor the House of Lords. Not even is it the building in which those assemblies meet. Parliament, as understood by Bagehot, Dicey, Maitland and all the eulogists of Britain, exists when the three traditional branches of British government are assembled in one place: the Monarch; the Lords; and the Commons. Hence, the momentous occasion when the Monarch delivers his speech to the Lords and Commons, Parliament is said to be together.
But why is Parliament Britain’s constitution? Because, properly understood, Parliament is the voice of people in all of its aspects. The Monarch is the people embodied, a singular head of state who gives to the constitution the only missing ingredient from spirit and mind – a body. He is the body of the politic. The Lords are the people as understood by Burke, as a transtemporal entity who speaks for the country as a physical entity – hence why it was tied to land – and a spiritual entity – hence the Lords Spiritual – and a legal entity – hence the Law Lords. The Commons, finally, are the people as understood by Paine, as the vocal element of the constitution, demanding changes in the moment and transient in its demands.
The British Parliament is, and always has been, the constitution. The doctrine of Parliamentary sovereignty reflected this fact, that no power exists above Parliament – as the Monarch, Lords and Commons in one.
Labour’s constitutional reforms: past and present
This was undone entirely by New Labour. The greatest acts of constitutional vandalism – the creation of the Supreme Court, the Human Rights Act, the project of devolution, the reforms to the House of Lords – all committed by the forebears of the current administration upended this balance in a way none but constitutional historians loyal to the idea of Britain could have predicted.
Each of these deserves an invective all their own, but the simple fact is that each of these altered the operation of Britain’s constitution in different ways, but creating a legalistic straightjacket around Parliament: the Supreme Court subverted the doctrine of parliamentary sovereignty; the Human Rights Act made that Supreme Court loyal to a power beyond the boundaries and popular
control of Britain; devolution created parallel laws applying to the same citizens at different times and in different places across the country; and the neutering of the hereditary aristocracy resulted in an upper chamber dedicated to ambition, avarice and cronyism.
Thus the supreme entity of this nation – Parliament – has ceased to act as a unitary government and now must act as one amongst many. And by extension – and by design – the constitution has died.
This is the scene into which the new administration enters, ready to finish the job through solutions to a problem of its own making. One of the greatest architects of this situation, Gordon Brown, penned a document aimed at creating a “Reformed United Kingdom” by empowering the different regions of the United Kingdom to be competitors to the central government in Westminster, whilst the absurd phrase of “devolution deserts” now seeks to spread the insanity of an unequal legal landscape across the whole map of the British Isles.
These plans will make a legal reality the idea that Westminster is the English parliament and merely one amongst many. When Brown began his document by stating that “the crisis we face in Britain is not just short-term – it is deep-seated”, he did so without a hint of irony.
Why?
The reader might be left thinking, why? Why did New Labour do all of this, and why does Labour now seek to carry us further down this road?
By design or not, the New Labour government destroyed the constitution of this country because it blew apart the unity needed to underpin the idea of a people. Alongside the administrative vandalism of devolution – which exacerbated the delusions that the Scots and the Welsh, whilst culturally different to the English, are not legally the same nor subjects of the same crown – the surrendering of the nations courts’ abilities to mediate between its citizens to a foreign power only made worse the emerging sense of dual loyalty that was gestating in an increasingly multicultural Britain. The amazement that integration has ceased in Britain whilst the legal tradition of this country has been hollowed out has never yet joined the dots to arrive at the simple conclusion that integration is impossible in the current administrative state masquerading as a constitution.
Yet this is not the only reason Labour now pursues these goals. Indeed, it does so because it must. We have moved from circumstances in which a constitution might have been written to express a people that already existed – indeed, the people, understood properly as a transtemporal entity, never old or dying nor young or being born, that has occupied these islands for centuries – to circumstances in which a constitution must be written to summon a people into being.
We are France at the height of the revolution. The idea of Britain is being re-written, and re-constituted, because Britain has died. The elegists – Scruton in his England, an Elegy; Hitchens, in his The Abolition of Britain; and Murray, in his Strange Death of Europe – mourned a people that has passed away. Labour must now begin the process of constructing a new one, based on “values” and “identity”. And it must do so because it began this process 25 years ago.
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