The State : Its historical role. (Piotr Kropotkin)

The State : Its historical role. (Piotr Kropotkin)

One of the great advantages of the e-book and e-readers is the ability to gain access to a huge library of published work for free. Most of the classics from the ancient world are available and a large library of modern and, not so modern, work is available for the easy job of a little bit of browsing. It is hard to believe but most of us now have access to a library that would have made Croesus jealous. Emperors and kings a hundred years ago would not have believed, and would have envied, the texts which I have available today. It is almost impossible to think of a philosopher, political theorist, or other man or woman of letters that is not easily available either for free or for a very modest price. I find this wealth of literature captivating. I browse the 56,00 books available at the Gutenburg Project, or the 15,000,000 texts and books (including 550,000 modern ebooks) of the Internet Archive and wonder at the riches available. But this surfeit of choice does bring problems – ironically, “What to read next ?


There are problems when choosing books from this library. Some have become very dated and are only really interesting as historical artefacts. Others were a fad of their day and really didn’t need to weather the years. Many other are well written and important but with the passage of time modern readers have changed. Modern readers can find the dense, heavy prose difficult to read and, at times, the vocabulary can be archaic and thus not understood. A further difficulty in understanding can arise from a prior presumption that readers would be familiar with the classics and the bible which is no longer a safe generalization. This having been said, I have been pleasantly surprised how many do stand the passage of time. H.G. Wells still reads as if he were writing yesterday and his science fiction is still enjoyable despite the appearance of the horse and cart along side the rocket ship.

I have tried to cope with this problem by the simple strategy of trying to read the classics of which I have heard. This includes reading books which I thought I had already read, as sometimes I found that I had never actually done so. My knowledge of the book was apparently achieved through cultural osmosis rather than actual reading. Sometimes this has been startling when I discover what was the actual content of the book.  Sometimes I have reread classics simple because I was too young first time around. Some books were wasted on me as a callow youth and it is only reading them now, with the hindsight and hopefully wisdom of age, that they truly make sense. This was my strategy which lead me to Kropotkin’s “The State : Its Historic Role

With regards to readability this is not a problem, it is clearly written and its still is easy on the modern reader. There are references to important political events which would have been known to any informed reader in 1897 but which might be more hazily recalled for the reader over a century later. Occasionally he makes assumptions that authors discussing the Paris Commune, or describing the Lombardy League, will be known to us. However, this is not sufficient a problem to impair the enjoyment from the text.

The basics of the text are his views on the historic development of the state and the crushing of  societal developments which existed before this. He describes the development of the Communes and the Guilds across Europe and how this allowed the mutual aid which provides support for the members of societies. His concern is that society is in our nature, as it was in the animals from whom we evolved,  and mankind will always find way to create supportive societies and does not require the state to do this.

“Man did not create society; society existed before Man.”

“Far from being the bloodthirsty beast he was made out to be in order to justify the need to dominate him , Man has always preferred peace and quiet .”

“Henceforth , the village community consisting entirely or partly of individual families – all united , however , by the possession in common of the land – became the essential link for centuries to come .”

Unfortunately my knowledge of medieval history is rather poor and I find it difficult to assess the accuracy of his descriptions of medieval city life. He is clearly very impressed with the early municipalism and syndicalism that he describes :-

“Was it not in fact the rule of the guild that two brothers should sit at the bedside of each sick brother – a custom which certainly required devotion in those times of contagious diseases and the plague – and to follow him as far as the grave , and then look after his widow and children ? Abject poverty , misery , uncertainty of the morrow for the majority , and the isolation of poverty , which are the characteristics of our modern cities , were quite unknown in those ‘ free oases , which emerged in the twelfth century amidst the feudal jungle ’ .”

But he pays rather scant regard to the problems of the serf in feudal society  and to the other well documented problems for the poor of this time. However, he does detail the developing strategies that were made to provide support and succour which operated at a more local and personal level prior to the development of the state. Though I fear that sometimes he was donning spectacles with a strong rosy hue when reading his source texts.

He sees the state developing through the cooperation of chiefs and Kings, the Church and the priesthood as well as the judiciary :-

“And who are these barbarians ? It is the State : the Triple Alliance , finally constituted , of the military chief , the Roman judge and the priest – the three constituting a mutual assurance for domination – the three , united in one power which will command in the name of the interests of society – and will crush that same society .”

He describes the operation of these agencies to impose their power, in the form of the state, over prior voluntary organizations. He pays particular attention to the role of religious belief in the development of anarchist ideas and thinking. He is very aware that the Protestant revolutions did much to free the minds of men at the same time as the established church tried to limit thought and opinion. He ultimately reports that in this ideological battle for the soul of man the established church won.

“Lutherian Reform which had sprung from popular Anabaptism , was supported by the State , massacred the people and crushed the movement from which it had drawn its strength in the beginning .”

He is scathing of Martin Luther who he views as a turncoat who, by the end,  encouraged “the massacre of the peasants with more virulence than the pope“. In general Piotr Kropotkin deals well with these issues. There was much greater understanding by these seminal authors, compared to contemporary anarchist writers, that to build an anarchist society depended on a change in the hearts and minds of men and women. These early writers saw the importance of personal responsibility and morality and dealt with the need for a root and branch reform of societal relationships in a much more thorough manner. These were not simple economic or political arguments but moral and spiritual also.

Once the state has started on its development he was aware that it would brook no opposition. He describes the hostility the state has to any autonomous societies or support organizations  as it views these are threats. It sees them as “a state within the state” which can not be tolerated. Any alternative forms of mutual aid are opposed and although our instincts are to band together and help each other this is discouraged if it is not done by the agencies, and under the control,  of the state.

“Peasants in a village have a large number of interests in common : household interests , neighborhood , and constant relationships . They are inevitably led to come together for a thousand different things . But the State does not want this , nor can it allow them to join together ! After all the State gives them the school and the priest , the gendarme and the judge – this should be sufficient .”

In our present days where the state has a large welfare component these factors are still important. Self help and mutual assistance is lost while centralised state provision takes it place.

“ The neighbor , the comrade , the companion – forget them . You will henceforth only know them through the intermediary of some organ or other of your State . And every one of you will make a virtue out of being equally subjected to it . ”

“ No direct moral obligations towards your neighbor , nor even any feeling of solidarity ; all your obligations are to the State ”

In many areas of the western world social care, health care, and education are removed from the individual. While basic safety and care may be provided the ability of the individual to participate in these matters is severely curtailed and their personal responsibility reduced. Further, it is the cooperative arrangement of these types of aid and support which creates our societies. It is possible, as we are discovering, that it is possible to have a large state providing many aspects of welfare but at the same time to have small or absent communities , an alienated and atomised population and very little society.

In the future, our ability to create societies which support our diverse peoples is going to be the biggest challenge in the face of the spreading state and globalisation. Anarchists and libertarians will need to take their part in this challenge and some of the history in the book may usefully guide them. His call to action is still valid as it is not simply and economic change we require but widespread social change.

Throughout the history of our civilization , two traditions , two opposing tendencies have confronted each other : the Roman and the Popular ; the imperial and the federalist ; the authoritarian and the libertarian . And this is so , once more , on the eve of the social revolution .



Guardian Angel

I am not really sure why I bought this book.phillips-195x293 Certainly it was not for any affection towards Melanie Phillips who I often find rather strident and dogmatic in her television appearances. My instinct might well have been to avoid her autobiography. However, I am aware that she has become one of the bogey-men of the left, whatever she says is dismissed outright, and she receives a degree of venom and hostility which is usually reserved for the Daily Mail and Margaret Thatcher. Perhaps this is why she needs to be so strident and forceful during her media appearances.

But I had an uncomfortable feeling that, often, what she was saying concurred with my feelings at some level and it was unpleasant watching someone attacked for views that I felt were, at least in part, reasonable. She worries about the education system failing our young, she feels family life is changing for the worse with regard to the needs of children, she has concerns that through multiculturalism we are developing ghettos rather than a more diverse society, and she thinks that there is a strand of anti-Semitism in the anti-Zionist posturing of much of our politics. Though my analysis of why such changes are occurring may differ from hers I too share these concerns and feel we need to discuss them. It has been the failure to discuss these issues which has fostered the growth of right-wing populism. We have seen the effect of marginalising debate on these issues in the election and referendum results in America and Britain and in many of the changes in the political landscape in Europe (As I write the Italian election results suggest this trend shows no signs of burning itself out).

When I was a young man and viewed myself as a “left-winger” my house journal was The Guardian newspaper. Well, to tell the truth, it was my second, or third, house journal after the Socialist Worker and Morning Star which were more important to me at this time as they were more likely to hold strictly to the party line. I remembered Melanie Phillips as one of the Guardian’s regulars from those days; in her youth, although no Trotskyist, a fully paid up member of the left and can recall watching her drift away during the late 80’s into the sunset on the right followed by a barrage of catcalls and name calling. It was probably this memory that prompted me to buy her autobiography, this and my suspicions that, when somebody is attacked to vehemently and their character decried so vociferously, there is usually some ulterior political motive for the character assassination.

The book details the her working life. There is some information on her early and family life which is interesting but not very revealing. The book is short and written as one would expect a journalist to write being easy to read and engaging. In essence it is a short read, a couple of evenings, describing her conversion from the left to the right. She would not agree with this usage of the left-right spectrum. However, like many other “apostates of the left”  (See Nick Cohen,  Dave Rubin,  and many others) she largely feels that she has been consistent in her views while the left has abandoned these and drifted away from her. She has always held the liberal, enlightened position which is no longer held to be appropriate to the politics of the left which is in the thrall of identity politics and intersectionality. During the book she describes her political views and the principles which act as her moral lodestar. Anyone familiar with her work will know and recognise these but, if you haven’t read her work or heard her speak before, this would be a good place to find a summary of her views.

All in all I find I have warmed to Melanie Phillips after reading this book. It is clear that she still has the same concerns for the poor and disadvantaged as she always did but simply sees the dangers facing them as coming from a different source. I see her now as less the shrill harridan warning us of our moral failures and rather more as the Sybil trying hard to warn us of future calamity should we fail to correct our course. We need engage more with ideas like hers and find ways to meet the concerns she raises. We need to find how to maintain the best aspects of our civilisation and culture as it changes and evolves.





Boycott the racists.

Boycott the racists.

In civilised society we like to think that racism is a vestige of our barbaric past, a hateful  thing which has no place in modern society. No-one would admit to holding racist views and we can presume that all reasonably minded people would consider racism a stain on their character. We know that it was responsible for the worst aspects of mankind’s behaviour and feel ashamed and sorry about it. While we know it should be a thing of the past we are still aware that it is encountered today and it continues to blight the lives of many. Few things are as unambiguously wrong, and potentially evil, as the belief that your race is superior to other races. It can be the first slipepry step on a slope that descends to barbarism. It is for this reason that we need to be vigilant and decry racism whenever it raises its head.Untitled picture

I was therefore distressed when I saw reports that there were calls to boycott H&M on account of a racist advert which I have included here. Normally I would not repeat a racist image or text but it is important in this case. I looked at the advert for quite a while trying to see the offense which was intended but failed. All I initially see was a handsome young man modelling a hoodie. I wondered if it was the association with the “hoodie” that was the problem but after reading the text and other articles I discovered that it was the slogan which was causing concern – “The coolest monkey in the jungle“.

The hoodie was part of a range that had the theme of animals and the jungle, some of the other hoodies had featured lions and giraffes and some had been modelled by young white kids. I discovered that the outrage was at the use of the word “monkey” in an advert using a young man of colour. Now lets be clear, the phrase “monkey” and “cheeky monkey” are commonly used to describe kids, especially boys, of any colour or race. It is an affectionate term and, at worst, the mildest of terms of opprobrium. I found it hard to see that this was an insult.

On reading further, it was clear that some people thought that this use of “monkey” and “jungle” was a slur on people of colour but one has to consider who has made this into a slur. It is inconceivable that H&M intended to insult its customers and estrange a large part of the buying public, especially as this advert was aimed at its South African market where they would be the majority of its customers. It would be for this reason that it had a young guy of colour as the model as previously they had been criticised for their lack of diversity in their models. Their intention would have been to be more diverse and more inclusive not to insult or mock.

This is reminiscent of when Benedict Cumberbatch said “I think as far as colored actors go it gets really difficult in the UK.” His intention had been to draw attention to the racism that exists in the media industry (Having just worked on the film “Ten Years a Slave”), but he was drawn over the coals and called a racist for the use of the term “colored”. No-one genuinely thought that he had racist intentions but some people thought that they could call out the race card and increase their own social standing.

This is what happened here. A number of celebrities saw the opportunity to use racism to further their own careers. Choreographer Somizi Mhlongo, the singer Abel Makkonen Tesfaye, known professionally as The Weeknd, Rapper Diddy,  and others saw the opportunity for cheap self-promotion through calls to boycott H&M. In their minds there was a connection between jungles, monkeys and young men of colour even if no-one else had thought this. They started the calls for attention, not so much to fix and evil, but to praise their vigilance and to raise their own profiles. Their campaign was vociferous and in a very unpleasant twist lead to the mother of the young boy in the advert being at the receiving end of racist abuse.

If there was racist thinking here, it was in the minds of those that started the campaign against this advert. It was they that thought such unworthy thoughts and it was they that tried to use the issue of race to their advantage : no-one else. As the boys mother said :-

“[I] am the mum and this is one of hundreds of outfits my son has modelled. Stop crying wolf all the time, unnecessary issue here. Get over it.”


She is also right on the big risk here. We all remember the little boy who cried wolf so often than when the wolf really did arrive nobody believed him. When people call “racist“, knowing that this was not intended nor the case, they make it more difficult to be aware and ready when the real call to action arises. Repeated false alarms lead people to ignore the warning signs. Watching what is happening in the world, in America and the Middle East especially, we know that racism is sometimes just bubbling under the surface of our lives. We need to remain vigilant and campaigns like this are a dangerous distraction we need to be able to hear the signal over the static.

I’d be tempted to boycott The Weeknd and Diddy to teach them a lesson but given I never buy any of their products anyway I guess it would have a negligible effect.






Sheep and true democracy.

Sheep and true democracy.

It is fair to say I will never be described as saintly; I have never mastered piety, my good works, such as they have been, are mundane, and  I too easily slip into my vices. I imagine, that the majority of us, I am better described as a sinner than as a saint. However, over the past year and a half I have developed a saintly aspect, rather small but perfectly formed, I have developed the patience of a saint and I have needed it.

I live and work in a rural, agricultural part of the country where the majority of my neighbours, mainly farmers, voted in favour of Brexit. I tend, like my friends, to have liberal views and to be welcoming of change. I also voted in favour of Brexit. Since the referendum there has been a steady barrage of complaint – “How did you come to make this dreadful mistake ? The area you live in needs EU money. Farming can’t manage without subsidies ?Without the EU illiberal policies will threaten the fabric of our civil society”

Now it is perfectly reasonable that after a vote discussion will continue. I am sure that, had the vote had gone the other way,  I would still have argued my cause. But the wilful blindness which refuses to see any shades of grey in an argument is starting to become irksome. The tendency  so see every mishap as a consequence of our impending exit from the EU is largely boring. Having kept up with the newspapers,  I am sure after we leave, by failing to be part of the European Weather Consortium, we will be prone to worse winters and plagues of frogs. The Guardian and Independent, in particular, now have become almost mirror images of the Daily Mail in their search for hysterical straplines.

This, however, is not the problem. This is just the normal push and shove of political debate and anyone with an IQ adequate to be literate can see this and handle the details appropriately. Where my patience is stretched is peoples’ inability to see the larger issue. Again and again it was stated that people voted for Brexit to “take back control“, some people argued the issue in terms of ‘sovereignty’ others in terms of a ‘democratic deficit’ which had developed over the years. All argued that democracy was less effective in the EU as decision making had become remote and removed from the people. For most people who voted for Brexit this was the single biggest issue – Democracy works when people are involved in it, not otherwise.

Now this is the first stress on my saintly patience.  I like others voted to improve democracy but now I am told I voted for lots of other (usually disreputable) reasons and we really need to look again at the vote because we got it wrong. So, just like the Irish after their wrong decision in their first referendum on the Lisbon treaty, we are being encouraged to “do it again but get it right this time“. I am sorry if this sounds harsh, but can these people not see the irony of questioning a referendum that voted for greater democratic involvement and suggesting that the “experts” know better and we better vote again.

The second stress on my saintly demeanour is when we are rebuked for failing to see the financial benefits that the EU gives us and, without which, we would be in dire straits. The maths are easy, the UK is a net contributor to the EU, so we give more in than we get out. Precise figures aside we can decide how to spend this money. It is suggested that this will be better done by bureaucrats in Brussels rather than bureaucrats in London, especially when this argument is played to a Scots or Welsh ear. Why on earth should this be the case ? Apart from having a racist tinge to it, “Those terrible English”, it also seems so improbable. A bureaucrat in London has a shared history and culture with us, he has probably heard of Falkirk and Fishguard, he probably has family members and friends from our area of the world, he may have even had a romance with someone who hailed from our neck of the woods. This bureaucrat might just conceivably be on our side! But even if not we could vote them out if they let us down, something impossible for the politicians making the decisions in Europe.

And finally, there is the stress to me and my sheep. My activities, and my neighbours, are controlled by the Common Agricultural Policy. For over a generation this has set all aspects of agricultural policy in the U.K. –  No planning, no development, no vision, no change has started here. Do you know who is the Minister of Agriculture ? (*)  When was the last time you heard discussion of our farming policies ? In a rural area, such as where I live, we need to be able to think about agriculture, it is the very stuff of life and not something that can be left to bureaucrats. Especially when the plans these bureaucrats create result in subsidies to Lord Iveagh of £900,000 a year or the poor racehorse owner, Khallid Abdulla Al Saud, getting only £400,000 annually. If public money is going to subsides agriculture we need to democratically control how it is used. This means bringing the control back to the area where the activity occurs and to the people who do the work and know what can and should be done. No-one wants subsidies that allow inappropriate businesses and practices to thrive, we don’t want a repeat of butter mountains nor wine lakes, and we can only avoid this by closer democratic scrutiny and accountability. The same fate that affects my sheep has also affected the fish through the Common Fisheries Policy and many other areas of industry.

Tony Benn was right when he said that the suggesting EU membership was “asking the British people to destroy democracy” because if ‘you cut the umbilical cord that links the lawmakers with the people, you destroy the stability of this country’. So, as a first step, let is get power brought back from Europe to Westminster, then from Westminster to Edinburgh and Cardiff, and hopefully later even more closely to home. We need to review and improve our agriculture and stewardship of the land. The changes needed will be best decided locally and what works well in Meirionydd may not be the best plan for Morbihan nor Mecklenburg-Vorpommern. Brexit is an opportunity to refresh our democratic involvement and to refresh our industries, let us not waste it.

By all means point out my errors and explain why European Union can be a beneficial thing. I know the reasons I voted and, I am sad to say, that I am more certain as the  undemocratic nature of the EU has become evermore apparent; in its both its handling of the Brexit negotiations and its stance towards Catalonia). Explain routes to counter these problems, see if you can get the EU to rekindle interest in subsidiarity, suggest alternative plans, but lets be constructive in our debate on the future. Don’t force sainthood on me by testing my patience by obdurate calls that the majority of the populace was stupid and hoodwinked. Please don’t repeat your mantra “forgive them, for they know not what they do”, I did know and if necessary would do it again.



(*) A trick question as it has been merged into the Secretary of State for Environment, Food and Rural Affairs and it is Michael Gove, for the time being

While the Daily Prompt prompted this tirade it was also triggered (and there was no trigger warning!) by the excellent article by Jon Holbrook on spiked-online.


Politicians, Policemen and Pornography

Politicians, Policemen and Pornography

Perhaps we should not feel surprised when we discover that a politician’s computer has been used to view pornography. Possibly we could feel disappointed but hardly surprised. It is unreasonable to expect that politicians are free of the vices to which the rest of us are prey. I accept that, if a politician has spent a career promoting chastity and moral virtue, then the discovery of a habit of viewing pornography may allow us genuine surprise at the discovery of their hypocrisy and deceit. But the simple fact that politicians may be lazy, or obese, or smokers, like the rest of us should really upset no-one; one would have to be very naïve to believe that they are very much superior to the rest of us. Like the rest of us they will be on tenterhooks when their browsing history is being reviewed by the computer repairman, their boss, or the police.

In the UK there are the beginnings of a scandal as retired policemen, Neil Lewis and Bob Quick, revealed that they had seen pornographic images on the cabinet minister Damian Green’s computer during an investigation into a cabinet leak in 2008. There is no reason to believe that any legal action was intended regarding these images they were simply discovered in the process of seeking evidence about the cabinet leak. These images, if they were present, were an unrelated find, so why have they been brought to the fore now ?

It is clear that there is a history between Bob Quick and Damian Green. Bob Quick had to issue a public apology, and resign,  8 years ago after he had made unfounded accusations of impropriety about Damian Green. There is a danger that this recent revelation may simply be the an old battle being fought on new fields. But there is a further, more worrisome, aspect of this.

When police work with us to prosecute crime we cooperate as we wish the guilty to be found and the truth established. We give over aspects of our privacy to enable this. If I was mugged while out walking one evening and the police, during their investigations, found I was not with my wife, it would not be reasonable for them to disclose this aspect and jeopardise my marriage. If they coincidentally find a crime, then so be it, but my private life is my own and this should be respected. If this respect is not given then I might be rather reluctant to contact the police if the victim of a crime for fear that I might be forced to reveal details of my life I wish to keep secret.

When I worked as a doctor I routinely asked patients about many aspects of their life, experiences, habits and opinions. This helped me form a diagnosis and to formulate a plan of treatment with them. However, I was bound by a contract of secrecy, and an professional oath, never to divulge this information. This information was only given to aid the treatment of the patient. If patients felt that they could not trust me to keep their privacy then fear and shame would certainly deter many people from seeking help.  This contract is rightly  inflexible and persist after my retirement to until my death.

Police are in a privileged position in our society, they can on occasion gain access to our private lives but they only gain this access with the contract that they can not disclose details found which are not related to a crime. If we can not trust this then we will be unable to work cooperatively with the police. If we fear that they may use information they collect for their own ends and advantage (such as settling political scores) then we can not be expected to share information with them.

Damian Green obviously has his problems at the moment as he is being investigated for “inappropriate behaviour towards a female activist” but this should be dealt with appropriately and not taken as a opportunity to refight old battles. He may well have to ‘fall on his sword’ for these present accusations, but more importantly the policemen who have breached the trust given to them, and broken their contract of privacy with us, should be investigated and if found guilty punished. The police can not see themselves as the law, nor as being above it, they are simply its agents.


The Old Lie

The Old Lie

Left to our own devices we can become farmers and bakers, tailors and cobblers, plumbers and engineers, astronauts and programmers. Our possibilities are limitless as we cooperate to help ourselves and each other. “What a piece of work is man”. It takes a state to turn us into soldiers and sailors to make us kill and maim ourselves and each other. On Remembrance Sunday we should take time to think on all those that died or were injured during war and pledge never to be fooled again, by the old lie, that it is sweet and honourable that we die for our state.


Dulce et Decorum est

Bent double, like old beggars under sacks,
Knock-kneed, coughing like hags, we cursed through sludge,
Till on the haunting flares we turned our backs,
And towards our distant rest began to trudge.
Men marched asleep.  Many had lost their boots,
But limped on, blood-shod.  All went lame, all blind;
Drunk with fatigue; deaf even to the hoots
Of gas-shells dropping softly behind.

Gas!  GAS!  Quick, boys! —  An ecstasy of fumbling
Fitting the clumsy helmets just in time,
But someone still was yelling out and stumbling
And flound’ring like a man in fire or lime. —
Dim through the misty panes and thick green light,
As under a green sea, I saw him drowning.

In all my dreams before my helpless sight
He plunges at me, guttering, choking, drowning.

If in some smothering dreams, you too could pace
Behind the wagon that we flung him in,
And watch the white eyes writhing in his face,
His hanging face, like a devil’s sick of sin,
If you could hear, at every jolt, the blood
Come gargling from the froth-corrupted lungs
Bitter as the cud
Of vile, incurable sores on innocent tongues, —
My friend, you would not tell with such high zest
To children ardent for some desperate glory,
The old Lie:  Dulce et decorum est
Pro patria mori.

Wilfred Owen 1920




Hounded to death.

Hounded to death.

It is gingerly, and with a great deal of trepidation, that I write today’s post. I have been struck by the awfulness of Carl Sargeant’s death on Tuesday when it appears he took his life after having been accused of misbehaviour and having lost his government position. Now, I don’t have any great affection for politicians and did not know a great deal about  Mr Sargeant before this event so why has his apparent suicide affected me ?

Firstly because it is a very obvious reminder of the terrible damage we are doing to our society and the rule of law by the ongoing hysteria in the media about sexual abuse and politicians. Clearly I would want to see any politician, of any hue, who abused any other person dealt with and punished appropriately. The promise of power and influence, that the world of politics offers, means that it will attract more than an average amount of psychopathic individuals. Therefore it is quite reasonable that we may find an above average number of people who are guilty acts of abuse in our governmental bodies. But, equally clearly, I only want guilty people punished and shamed. This distinction is one of the hallmarks of a civilised society where rules are just and punishment only justly applied when it is warranted.

One of the earliest legal treatises was the Mishneh Torah which was an attempt codify the bases of Jewish Law. In the early attempt to tease out guiding principles for a fair and just society the great philosopher Maimonides wrote :-

“It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death.”

as he was aware that to do otherwise was the start of a slippery slope which lead to a lawless and unjust society where conviction, not being based on an adequate burden of proof, could lead to punishment on the basis of a whim of courts and rulers. This has also been referred to as Blackstone’s Formulation after he stated “All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer“.

This principle should be considered alongside another, related legal principle, that is, the presumption of innocence. All legal systems hold this principle dear. Roman law states “ei incumbit probatio qui dicit, non qui negat” (the burden of proof is on the one who declares, not on one who denies), and Islamic law, Common Law and the Civil Law all carry this basic tenet. As the public puts it “Innocent until proven guilty“. This is a principle that keeps you and I safe : we can only fall foul of the law, and be punished, if we are found guilty after trail not simply by accusation.

In the Carl Sargeant case he was treated as if her were guilty before he had a hearing. He lost his position and was treated by Carwyn Jones, The First Minister of Wales, as if the accusations were true. This is the  habit, increasingly popular, of jumping to the conclusion that accusations are truth. It is this approach which  underpins such campaigns as #IBelieveHer. Now it is understandable that we want to increase the justice for those who are victims of any form of abuse but this strategy is very dangerous. If we believe the accusers without question what is the need for a trial ? If we believe the accusers then the only thing missing is retribution. This leads us to a very dark place where people can be destroyed by malicious accusations.




This photograph, might explain my concerns about this. This is a group of Welsh special advisors out for the evening celebrating on the night that they had just started the ball rolling on the case against Carl Sargeant. These are the expressions just after they have opened the floodgates of innuendo and suspicion. A colleague and erstwhile friend has been thrown to the dogs and this photograph reveals their feelings that very evening. When accusation becomes proof, accusations become dangerous and powerful political weapons which some people seem to enjoy using.

This is not the only legal principle that was ignored in Carl Sargeant’s case. He was never given details of the accusations nor knowledge of who his accusers were.  Again in English Law, Roman Law, and also the Sixth Amendment of the United States this is a ignoring a cornerstone of justice. In the Bible, when Paul was accused, it was described thus :-

“It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges.”

If one does not know the accusations, nor your accuser, you are effectively denied the opportunity to defend yourself. If you can not defend yourself you cannot receive justice. It has long been known that ignoring this principle would lead to injustice and would facilitate terror. The oppressive, nightmarish qualities we try to explain when we use the term “Kafkaesque” , relate to being on trial but ignorant of your accusers and their claims as so well described nn Kafka’s novel Der Process (The Trial). Secret accusations, secret courts and clandestine meetings have always been the way of the power hungry who wish to subvert justice. In this particular case it seems that it has gone further than this as there were also meetings with the accusers when their stories were discussed with all the risks of contaminating evidence of any wrong doing. This is very reminiscent of the history of the Stasi, or the Gestapo, collecting accusations so that they might prove useful against political enemies in power struggles at a future date

Carl Sargeant did not know of what he was accused nor do we. We know that it could not have been sufficient to warrant police involvement. It is likely that it was behaviour that is deemed inappropriate in our present moral climate. He might have behaved in a manner more in tune with an older generation than the present. If this is the case then it is probable that a further legal principle is  in the process of being ignored – we can only be tried for offences against the rules that applied at the time. Guilt can not be backdated. If tomorrow they pass a law outlawing drinking alcohol on Sundays,  it is this principle which protects me against them coming and punishing me for last Sunday’s drinking. I am obliged to follow the law as it is just now, not as how it might be in the future. Without this principle we could all be facing punishment in the future for some act which is not a crime at present – did you spank your child ? Did you smoke in a public place ? etc etc.  The same guideline should be used when we consider social mores and customs.

For all these reasons the story of Carl Sargeant is a sad and worrisome tale. He did not receive fair justice and now never can. We will never know the truth of these accusations as they can not be tested now that he has died, so justice will never be served. These principles are not minor bureaucratic foibles but are the foundations of our enlightened society. For the sake of all those black men lynched in the South in America, denied a trial and presumed guilty on the words of their accusers, we must fight for these principles. For the sake of all the women accused of witchcraft and killed never able to confront their accusers we need to remember how important these principles continue to be. For the sake of the very many women who are going to be accused of adultery, or other crimes in the middle east, and face death just on the basis of an accusers word we need to promote these ideas and promote civilisation.

Carl Sargeant worked hard for his community and tried to improve the world by his work in politics, I hope now that he can rest in peace. Hopefully his family will also find peace and perhaps, in time, they may see that his sad death contributed to a turning point when society turned its back on hysteria and witch hunting.