Fitting the Crime

This is the twenty-sixth in a series on The Harvard Classics; the rest of the posts are available here. Volume XXVI: Continental Drama

What do John Wilkes Booth, Marcus Junius Brutus, and William Tell have in common? That question would hardly need answering if not for the fact that so many people only remember William Tell for shooting an apple off of his son’s head. Aside from that spectacular display of marksmanship, Tell’s truly remarkable act was the assassination Hermann Gessler, the Austrian governor in Switzerland. And like every other political assassin, Tell had his reasons.

In Friedrich Schiller’s dramatization of the Tell legend, Gessler is a cruel despot. The law that drives the plot of the story is one which makes it a capital offense not to kneel before Gessler’s hat, hung upon a pole. It is the enforcement of this draconian rule that brings Gessler and Tell into conflict.

By the way, the word “draconian”, like so many other words, enjoys popular usage without its origin being generally well-known. Draco was a legislator, but not a tyrant. Just about 2,600 years ago, he promulgated the first written legal code for the city of Athens. And the Draconian Code was a doozy.

According to Plutarch, “Draco’s laws… were too severe, and the punishment[s] too great; for death was appointed for almost all offences, insomuch that those that were convicted of idleness were to die, and those that stole a cabbage or an apple to suffer even as villains that committed sacrilege or murder. So that Demades, in after time, was thought to have said very happily, that Draco’s laws were written not with ink but blood; and he himself, being once asked why be made death the punishment of most offences, replied, ‘Small ones deserve that, and I have no higher for the greater crimes.'”

Anyway, Gessler was cruel, particularly in his treatment of fathers. For failing to kneel to a hat, Tell was forced to choose between execution and shooting an apple off of his son’s head. Another father was blinded for not informing on his son. It’s clear that to Schiller and the Swiss who regard Tell as a hero, one’s allegiance to family is far more important than one’s allegiance to civil authority. A hierarchy of values that Gessler, like most civil authorities, resented.

Beer of the week: Wolters Pilsner – Tell was Swiss and his son was called Walter. This beer is German and is called Wolters. Close enough? I want to like Wolters more. The brand was acquired by the international beer behemoth InBev a while back, but has since become independent once again. Unfortunately they make a pretty average German pils. It is pale gold, with a quickly fading head of large bubbles. The aroma is faint, and primarily of malt. Nothing special. Also, it’s been a while since I complained about the “German Purity Law” as a marketing gimmick, but this beer is another offender. “Hops extract” was almost certainly not invented yet when the Reinheitsgrebot was enacted, yet it is an ingredient in this beer that is purportedly “brewed in strict accordance to the German Purity Law.” (Which, by the way, is not draconian, because it is not enforced at all.)

Reading of the week: William Tell by Friedrich Schiller, Act One, Scene One – Although Gessler is clearly the villain of the play, the Swiss may have driven him to his cruelty. The first act of defiance by Tell is helping the murderer of a government official escape justice. (To be fair, we learn that the murder was committed in response to “unseemly overtures” the official had made to the killers wife, which lends further support to the reading that the real moral of the play is to prioritize familial loyalty over obedience to civil authority.) But everybody that the murderer encounters in this scene approves of the killing and is willing to aid him in making his escape. Gessler must rule with an iron fist if the people will not even consent to the prosecution of an axe murderer. (Did I mention that the murder was committed by cleaving the official’s skull with an axe?)

Question of the week: Criminal penalties generally serve four purposes: rehabilitation, retaliation, prevention (preventing the offender from offending again by being incarcerated, incapacitated, or dead), deterrence (setting an example to deter others from offending.) How does one even begin to balance those objectives?

Advertisements

To Be Disliked

This is the twenty-fourth in a series on The Harvard Classics; the rest of the posts are available here. Volume XXIV: On the Sublime, The French Revolution, Etc., Edmund Burke

One can imagine, hopefully without much effort, that some people actually read this blog. Of those people, there may be a subset who hold the author in such high regard (as regards his taste in suds) that they reckon that a well-reviewed beer on this site is worth a try. This is probably the chief value of reviews, be they reviews of books, theater, or restaurants: the opinions of others can help us choose.

Likewise the opinions of others about other people help us decide with whom to associate. The expression “any friend of Eddy is a friend of mine” exemplifies this notion; the speaker holds Eddy’s choice of company in such high regard that anybody worthy of his friendship is worthy also of the speaker’s. The reverse is also commonly true. Guilt by association is a real phenomenon; “any friend of Eddy must be avoided because Eddy is a bad guy with bad taste.”

Occasionally, however, negative reviews have the opposite of the expected effect. To be despised by certain people is often regarded as a sort of endorsement. Imagine, for example, a politician who is decried by the grand wizard (or whatever silly title he holds) of the KKK. At least some people would regard that as a glowing (if unintentional) endorsement.

When certain of Edmund Burke’s political adversaries attacked his government pension, he took the position that it was an honor to be reviled by such men. “I confess it does kindle, in my nearly extinguished feelings, a very vivid satisfaction to be so attacked and so commended.”

So whether you try the beers that I review positively because you trust my taste, or you try the beers that I hate because I must be wrong, cheers!

Beer of the week: Shiner Bock – This is a reliable go-to lager. It pours clear and orange-brown. It’s got bread notes throughout but not as much flavor or mouthfeel as may be expected from the look of it. It’s a solid porch beer, but nothing special.

Reading of the week: A Letter to a Noble Lord by Edmund Burke – Burke’s detractors gave him an excellent opportunity to both belittle them and to commend himself. And boy, he did not let that opportunity go to waste.

Question for the week: Is there anybody of whom you think so little that you reflexively adopt the opposite of all of his judgments?


Corruption in Times of Corruption

This is the twenty-first in a series on The Harvard Classics; the rest of the posts are available here. Volume XXI: I Promessi Sposi, Manzoni

Positions in civil government, from national presidency to homeowners’ association board seats, can be magnets for those who would take advantage of their neighbors. An excellent example of this corruption can be found in I Promessi Sposi, (most often translated as The Betrothed,) by Alessandro Manzoni. When the plague struck Milan in 1629, vicious and rapacious men saw an opportunity. The tumult caused by the plague made it easy for these bad actors to operate without consequence. Indeed, many of them found it expedient to take official government posts, the better to steal and blackmail. “The villains, whom the pestilence spared and did not terrify, found in the common confusion, and in the relaxation of all public authority, a new opportunity of activity, together with new assurances of impunity; nay, the administration of public authority itself came, in a great measure, to be lodged in the hands of the worst among them. Generally speaking, none devoted themselves to the offices of monatti and apparitori but men over whom the attractions of rapine and license had more influence than the terror of contagion, or any natural object of horror.” And once it was clear how much profit was to be made as a government-employed extortionist and robber, these men worked to perpetuate the plague, and thereby perpetuate their power. They would “purposely let fall from their carts infected clothes, in order to propagate and keep up the pestilence, which had become to them a means of living, a kingdom, a festival.” It is remarkable what those in power are capable of doing to maintain their position.

But, as rare as they may be, there actually are examples of political leaders who come into power for noble reasons and maintain their virtue despite that power. Manzoni relates the story of Father Felice Casati, a Capuchin friar who became a sort of minor autocrat during the plague. As the pestilence spread through Milan and the surrounding area, the population of the Lazaretto of Milan swelled. The Lazaretto was a huge quarantine building that became a city unto itself. Although people were dying at a prodigious rate, the population of the Lazaretto exploded as more and more people contracted the plague. At one point, as many as 16,000 people filled the Lazaretto. With so many sick and desperate people, good governance was needed to keep the Lazaretto from becoming pandemonium. The Board of Health decided to install Father Felice as governor of the Lazaretto. Although not a glamorous appointment, the governor was granted “primary and ultimate authority” within the Lazaretto. With this power Father Felice “animated and regulated every duty, pacified tumults, settled disputes, threatened, punished, reproved, comforted, dried and shed tears.” He was absolute dictator within the confines of his quarantine kingdom, but neither that power nor the plague corrupted him.

In at least this once instance, there was an exception to Lord Acton’s axiom that “power tends to corrupt, and absolute power corrupts absolutely.” But to rely on every (or virtually any) politician being another Father Felice is probably a mistake. To paraphrase H. L. Mencken: cleaning up politics by electing righteous people makes no more sense than cleaning up a brothel by filling it with virgins; they either lose their virtue or jump out the window.

Beer of the week: 98 Problems IPA – This hazy orange India Pale Ale is a product of Michigan’s Perrin Brewing Company. The aroma is dominated by pineappley and floral hops. The hops also dominate the flavor, with crisp bitterness both up front and lingering in the aftertaste. Despite the name, there’s not much wrong with 98 Problems.

Reading of the week: I Promessi Sposi by Alessandro Manzoni – Although I Promessi Sposi is a work of fiction, the author tells us that his account of the plague is historically accurate. This excerpt tells how members of the Milanese public attacked doctors, accusing them of fabricating the claims about the plague for personal gain. It is an excellent study in how people will reject the truth and accuse its bearers of evil motivations if the truth is adverse enough to their interests.

Question for the week: What is the best mechanism for curbing political corruption?


Spanish Haarlem

This is the nineteenth in a series on The Harvard Classics; the rest of the posts are available here. Volume IXX: Faust Egmont, Etc., Goethe, Doctor Faustus, Marlow

The First Amendment to the United States Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In that one sentence, the framers memorialized several of the “inalienable rights” central to the premise of the Declaration of Independence and the founding of the nation. Yet, despite how concise the amendment is, people seem constantly to misapprehend its significance. Here are a couple of critical points where people are often mistaken.

1. The amendment only applies to government action. People constantly confuse their right to free speech with a right to be free from the private consequences of that speech. A speech code by a company or private school is not subject to First Amendment analysis. Likewise, a private club may have religious requirements that a government actor may not.

2. That doesn’t mean that other laws do not matter. Some people on the internet hold the idea that “the First Amendment stops the government from infringing on your free speech, but it doesn’t stop me from punching you in the mouth.” Although that statement is technically accurate, punching somebody in the mouth violates laws independent of the First Amendment. Additionally, civil rights laws, government licensing requirements, and so forth may create obligations for private individuals or companies not to discriminate based on the exercise of certain First Amendment rights.

3. The amendment applies to all government action, not just the federal government. The plain of the first amendment states that “Congress shall pass no law…”; it does not mention state governments.  However, a long series of Supreme Court cases has established that the First Amendment (and most of the rest of the Bill of Rights) applies to state action through the “incorporation doctrine”. Even so, the First Amendment is probably redundant in most cases. Each state has its own constitution, and each state constitution includes free speech clause. The New York Court of Appeals, for example, has held that the free speech clause of the New York Constitution provides a greater level of protection than the First Amendment.

4. “Speech” consists of a lot more than just talking. Supreme Court cases have held that the First Amendment’s speech clause protects “expressive conduct.” That can mean a wide range of actions, including burning the American flag, nude dancing, remaining silent, or cross burning.

5. The amendment is especially important because it protects those without political clout. As a practical matter, no government would ever need to be restrained from punishing pro-government speech. Likewise, statements that everybody agrees with are under no threat of suppression. It is the provocative, the unpopular, the revolutionary that needs to be protected. Minority religious groups and others who are heterodox in the myriad ways that people may stray from conventional norms are the people who have the most to fear from popular government, and the most need for an amendment that protects, above all, the freedom of the mind.

Beer of the week: Primus – This week’s reading is set in what is now Belgium, with the principle action taking place in Brussels. So despite the constant references to “Netherlands” and “Netherlanders”, the play is best paired with Belgian beer.  Primus is a “premium lager” from Haacht Brewery in Flanders, Belgium. It is a standard European lager; it looks good, smells good, and tastes good. It is a well-balanced, if unexceptional, beer.

Reading of the week: Egmont by Johann Wolfgang von Goethe – In this scene, we learn that the Spanish governor of the Netherlands, the Duke of Alba, “published a decree, by which two or three, found conversing together in the streets, are without trial, declared guilty of high treason.” He also prohibited discussion on affairs of state and made criticism of the government a capital offense.

Question for the week: How many rights are in the First Amendment?


Trending Up

This is the fourteenth in a series on The Harvard Classics; the rest of the posts are available here. Volume XIV: Don Quixote, Cervantes

In the preface to A Connecticut Yankee in King Arthur’s Court, Mark Twain does not profess to know the laws or customs of Arthurian England. However, he asserts that whatever the laws and customs were in the sixth century, they must necessarily have been worse than those that exist today. “One is quite justified in inferring that whatever one of these [modern] laws or customs was lacking in that remote time, its place was competently filled by a worse one.” Society, he seems to say, necessarily improves over time.

This idea is seconded by the title character Hank Morgan. Hank finds the people of sixth century England to be boorish, gullible, superstitious, and stupid. (Even, we must take it, when compared to the people of nineteenth century Connecticut.) He reports that among the knights of the round table, there were not enough brains to bait a fish-hook. Society must have come a long way indeed if the cream of medieval society were so much dumber than people today.

As to Twain’s apparent belief in the perpetual progress of society, Don Quixote de La Mancha would certainly disagree. Don Quixote perceived that society had declined since the time of Arthur rather than progressed. The time of knights-errant was an era of men who were brave and true, and faithful to their lovers and their God. Since that time, however, society generally descended cockering and excess. How can society as a whole be better off when the upstanding knights-errant have been replaced by people soft, indulgent, and deceitful?

And as to Hank Morgan’s claim that people are smarter now, he seems to confuse intelligence with knowledge. He thinks that because he knows the formula for gun powder and the dates of certain eclipses, he is more intelligent than those who lack that specific knowledge. But it is foolish to conflate the possession of certain facts with total intellectual capacity. (And it should not be taken for granted that memorizing the dates of celestial events at least back to the sixth century is a sign of intelligence rather than a sign of unhealthy fixation.) If Hank Morgan is smarter than King Arthur because he can build a lightning rod, is he also smarter than Newton, Galileo, or Aristotle for the same reason?

At any rate Twain hints that Hank himself is not as smart as he thinks. Hank fancies himself something of a connoisseur of chromolithographs, an popular form of colored print. But Hank is quite critical of a “new artist” called Raphael who did a number of well-circulated chromos, clearly unaware that the prints are copies of Raphael’s paintings and that the artist lived and died more than 300 years earlier.

Beer of the week: Supper Club – This lager from Wisconsin’s Capital Brewing Company is slightly hazy, with a nice malty flavor and aroma. It is not very hopped, just a pleasant, bready lager. There is something to be said for simple, grain-heavy midwestern fare.

Reading of the week: Don Quixote by Miguel de Cervantes – In this passage, our hero explains to some fellow travelers what it is to be a knight-errant. They, of course, perceive him to be insane. (As an interesting aside, this translation uses the archaic adjective “wood” meaning “insane.” Coincidently, near the beginning of A Connecticut Yankee, the narrator reads an old tale about Sir Lancelot in which a giant, terrified by the brave knight “ran away as he were wood.” Twain includes a note explaining that “wood” means “demented”.)

Question for the week: Does human society have a generally upward trajectory? Or generally downward? Or is there any discernible trend at all?


Justice Delayed

This is the tenth in a series on The Harvard Classics; the rest of the posts are available here. Volume X: Wealth of Nations

A popular measure of the quality of an individual judge or an entire court system is the speed with which cases are disposed. Where accused criminals must wait in jail for extended periods before their cases are tried, or where civil litigants cannot get finality on their claims in a timely manner, there is a problem. In the words of William Penn, “to delay Justice is Injustice.” And “delays have been more injurious than direct Injustice.”

Adam Smith, in his Wealth of Nations, even recommended a system whereby judges would be paid only at the conclusion of each case. “By not being paid to the judges till the process was determined, [the judges’ fees] might be some incitement to the diligence of the court in examining and deciding it.”

But there is more to an efficient judiciary than disposition rate. At the extreme, a judge could summarily convict every accused without taking the time to consider the evidence. That would be a very timely method, but not a just one.

To be sure, courts should be accessible and efficient and speedy in their distribution of justice. But to judge a court entirely, or even primarily, on its disposition rate is to miss the mark. Some cases require a long, deliberate consideration. Other cases benefit from the parties having ample time to develop their theories and evidence, and to explore a negotiated resolution. Justice delayed is justice denied, but justice rushed is no justice either.

Beer of the week: Home Grown American Lager – This is a tasty brew from Victory Brewing Company in Pennsylvania. It is brewed with six varieties of hops, and they impart plenty of juicy flavor. This pours pale and cloudy lager is quite nice.

Reading of the week: Wealth of Nations by Adam Smith – Wealth of Nations is best known as a glowing recommendation of free markets. But this excerpt discusses a couple of services that, Smith argues, must be provided by the sovereign rather than the market: national defense and courts of justice.

Question of the week: Smith goes on to point out that when attorneys are paid by the page for their legal writing, they tend to “have contrived to multiply words beyond all necessity, to the corruption of the law language.” What is the best method for determining attorney’s fees?


NAP Time

This is the second in a series on The Harvard Classics; the rest of the posts will be available here. Volume II: Plato, Epictetus, Marcus Aurelius

The non-aggression principle (or “NAP”) is an important concept in natural rights theory and contemporary libertarian political theory. Essentially, the non-aggression principle holds that one may not forcibly interfere with another or his property. I’ve heard it expressed as: you are free to do as you like so long as you keep your fist away from my nose and your hands out of my pocket.

Wikipedia helpfully lists several other formulations over time:

“Being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” – John Locke

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’, because law is often but the tyrant’s will, and always so when it violates the rights of the individual…. No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.” – Thomas Jefferson

“Every man is free to do that which he wills, provided he infringes not the equal freedom of any other man.” – Herbert Spencer

“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” – John Stuart Mill

“No one may threaten or commit violence (‘aggress’) against another man’s person or property. Violence may be employed only against the man who commits such violence; that is, only defensively against the aggressive violence of another. In short, no violence may be employed against a nonaggressor. Here is the fundamental rule from which can be deduced the entire corpus of libertarian theory.” – Murray Rothbard

Sounds pretty reasonable to me…

Beer of the week: Mastne Cieszyńskie – This is a really good Polish ale. Mastne Cieszyńskie is light brown and a little bit hazy. The smell is classic and malty with a hint of raisin. The flavor follows the aroma. This is a very enjoyable ale.

Reading for the week: Crito by Plato, 44e to 48d – The fact that Plato is in the same volume of The Harvard Classics as Epictetus and Marcus Aurelius seems to indicate the editor of the series sided with the Stoics in the ongoing battle for what school of thought gets to claim Socrates as its own. In this excerpt from Crito, the title character is trying to convince Socrates to escape from Athens, where he has been sentenced to death. In part, he argues that if Socrates choses to die when he might otherwise live, he will be committing an act of violence upon his friends and children.

Question for the week: Particularly in the the formulations by Locke and Jefferson, it is clear that the NAP relies on an underlying assumption of equality. Without that assumption, can the principle still be compelling?