Fear of Sociology: Freedom of Speech and Anti-Terrorism in Germany

Firebombing a country’s army is usually seen as more than a lack of good manners. A nascent terrorist organization in Germany –the ‘militante gruppe’- has been doing just that and several of its suspected members have now been arrested. Two of these arrests, however, have sparked international protests from colleagues in the UK and the USA as well as Germany itself. Strange as this may seem, it is an event of which readers in the UK should take note.

Due Process R.I.P

With the launch of super ASBOS, Blair’s pet project of abolishing due process now seems complete. There is one detail that has received little attention though:

“America is … considering “more sophisticated” monitoring techniques, including a trial of “radio frequency identification chips” for the mentally ill.”(Source)

If things go the way they usually do, they will have those chips for the mentally ill first, for some criminals next, for all criminals thereafter … and finally for all. And why do we meet this idea for US legislation in an article on British civil liberties erosion? Pure coincidence I presume.

Further ‘progress’ in the erosion of due process

Some time back, the New Labour government has passed a law to confiscate the property of those suspected but not convicted of a crime. This is now to be complemented by ’super ASBOS’, supposedly targeted at crime bosses:

The proposed SCPO would be like an anti-social behaviour order in setting out restrictions on the movements and contacts of an individual. It could even specify how much cash a suspect was allowed to carry.
(Source)

It should be clear what this –and countless similar measures- are beginning to add up to. We will be left with a system which allows government to arbitrarily restrict anything which anyone, not least any politically inconvenient person, can do. Little or no evidence of any wrongdoing will be needed and with an increasingly wide definition of criminal behaviour there will always be some incriminating evidence available.

A consultation paper on new measures for tackling organised crime estimates that there are at least 1,000 gang leaders and their minions who regard themselves as above the law.
(Source)

Considering themselves above the law? If law is understood in the sense of Nomos, by Hayek’s definition, the PM and his government should fall into this category.

Some interesting changes to sentencing rules …

Frank Furedi makes some fitting remarks on recent changes in the law, allowing victims’ relatives to submit a statement in murder and manslaughter cases prior to sentencing. As I understand it, relatives of the victim will be allowed to elaborate on how a crime has affected their lives and this can be taken into account in sentencing. If this implies what I think it does, sentences should be more severe where the victims have been more severely affected. Conversely, it should also make it somewhat safer to murder someone who is unpopular with his family. Who knows, in a few years time murderers may get off on probation so long as Champagne is ordered for the wake.