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Amnesty’s slow burn

By skepticlawyer

This story has been something of a slow burn over here, but it’s starting to gain a bit of momentum now, to the stage where the implications are actually pretty awful:

A SENIOR official at Amnesty International has accused the charity of putting the human rights of Al-Qaeda terror suspects above those of their victims.

Gita Sahgal, head of the gender unit at Amnesty’s international secretariat, believes that collaborating with Moazzam Begg, a former British inmate at Guantanamo Bay, “fundamentally damages” the organisation’s reputation.

In an email sent to Amnesty’s top bosses, she suggests the charity has mistakenly allied itself with Begg and his “jihadi” group, Cageprisoners, out of fear of being branded racist and Islamophobic.

Sahgal describes Begg as “Britain’s most famous supporter of the Taliban”. He has championed the rights of jailed Al-Qaeda members and hate preachers, including Anwar al-Awlaki, the alleged spiritual mentor of the Christmas Day Detroit plane bomber.

Amnesty’s work with Cageprisoners took it to Downing Street last month to demand the closure of Guantanamo Bay. Begg has also embarked on a European tour, hosted by Amnesty, urging countries to offer safe haven to Guantanamo detainees. This is despite concerns about former inmates returning to terrorism.

Sahgal, who has researched religious fundamentalism for 20 years, has decided to go public because she feels Amnesty has ignored her warnings for the past two years about the involvement of Begg in the charity’s Counter Terror With Justice campaign.

Where the story gets really interesting is that Sahgal has now been ‘suspended‘ for her whistleblowing (it seems, these days, that no-one is willing to man up and use the word ’sack’). Weasel Words ‘R’ Us, I’m afraid.

Sahgal herself has a long history of activism on human rights, women’s rights and the dangers posed to both by religious fundamentalism. While Sahgal wholeheartedly supported the Amnesty campaign against the illegal detention and torture of Muslim men at Guantánamo, she raised pertinent anxieties about Amnesty’s close engagement with Begg internally several times without success. She pointed out the obvious but significant fact that being a victim of human rights violations does not automatically make you a defender of human rights, the dangers in eliding the two and the need for Amnesty to maintain a distance from individuals whose attitude to the Taliban could undermine otherwise excellent work done by Amnesty on violence against women.

Within hours of the article appearing she was suspended from her job by Amnesty for, as Gita says in her statement, “trying to do my job and staying faithful to Amnesty’s mission to protect and defend human rights universally and impartially”. And for some hours yesterday, negative posts on Amnesty’s website were being filtered out.

Even worse, Amnesty’s response to criticism has been to resort to the worst sort of postmodern obscurantism, revealing that this once fine bastion of liberal ideas (John Stuart Mill, Harriet Taylor, Thomas Paine, Mary Wollstonecraft, remember them?) has been infected from bow to stern with a philosophy that, while interesting and often illuminating, is fundamentally illiberal. I mean, Nietzsche started it — what do you expect? As Norm Geras points out in this very funny post:

The criticism of Amnesty International is not that it doesn’t ‘other’ Mr Begg in the sense of treating him as less than human. It’s that a human rights organization, rightly regarding no one at all as other in that sense, rightly regarding everyone as being a bearer of human rights, has made common cause with others who may be less than friendly to human rights and be somewhat indulgent towards a movement very unfriendly to human rights. No one should be othered who is a human being. However, if ‘to other’ someone meant to regard him as an unsuitable ally, then there are others whom supporters of human rights should certainly want to other.

It seems that Amnesty does not care what Mr Begg believes. As long as he does not believe it out loud on their dime and time, then all will be well:

[...] The best that they can say is that he hasn’t promoted the more, ahem, problematic components of his politics from an Amnesty platform.

Perhaps he hasn’t. I don’t think I’ve ever seen a Cageprisoners spokesman calling for violent jihad against Britain and in support of the Taliban from an Amnesty platform. They normally save message for University ISOCs and Hizb ut Tahrir platforms, after all.

So, looking forward to seeing Nick Griffin on the Amnesty International Free Speech Tour – just as soon as he promises not to preach race hate while standing under the Amnesty banner!

As someone with a public commitment to freedom of speech, I am aware that this can mean sticking up for some pretty toxic people; as I mentioned in my comments on the current Geert Wilders blow up, sometimes this can even go so far as ‘Illinois Nazis’ (with apologies to the Blues Brothers). However, there is a fine but very clear line between public support for freedom of speech and public support for the views that the censors wish to censor. Often (not always, of course), censors have quite sure instincts about what is bad speech, and it is pretty clear that the stuff both Illinois Nazis and Talibs spout falls into the category of ‘bad speech’. The task for people like me is to argue that the best response to speech is more speech, not repression. It is not the easiest argument to win (repression is so much easier), but it has to be made.

Amnesty International’s position in this situation is analogous to that of the free speech advocate: there is a fine but distinct line between arguing that Illinois Nazis have human rights and arguing that Illinois Nazis may have something meaningful to say about human rights. They don’t. Nor do the Taliban. 

Part of the problem is the modern tendency to feel sorry for victims and losers, and to think that victims and losers should always and everywhere have a voice or be enabled to speak in their own voice, without the ventriloquism usually provided on their behalf by a more powerful individual or organisation. Amnesty have not only spoken up for Mr Begg (legitimately), they have given the man a star-studded revolving platform funded by member donations from which to pontificate (illegitimately). They have — cliche time — crossed that fine but distinct line:

What worries her [Sahgal] is the assumption among some of her Amnesty colleagues that Begg is “not only a victim of human rights violations but a defender of human rights” (my italics). Sahgal raised the issue in two memos before her concerns became public at the weekend. But what she has identified is too important to be dismissed as an internal matter, namely an intellectual incoherence which isn’t confined to the higher echelons of a single human rights organisation.

The thinking goes like this: someone who has suffered terrible human rights abuses must necessarily be opposed to similar abuses against others. It’s a nice idea but history tells us it’s wrong; today’s prisoners of conscience may turn out on release to be doughty campaigners for human rights, but they might just as easily become tomorrow’s apologists for extremism.

Gita Sahgal’s sacking offence seems to have been to make the mistake of believing that Amnesty should ‘defend human rights universally and impartially’. Universal human rights. Defended impartially. How old fashioned of her. How… liberal.

[Note to US readers: the English definition of liberal is much closer to your 'classical liberal'. English people have great difficulty recognising the version of 'liberal' commonly labelled as such in the USA].

UPDATE: Gita Sahgal now has her own website, but is struggling to get legal representation [a tip of the hat to Lorenzo and Chris Hitchens]:

As I write this, she is experiencing some difficulty in getting a lawyer to represent her. Such is—so far—the prestige of Amnesty International. “Although it is said that we must defend everybody no matter what they’ve done,” she comments, “it appears that if you’re a secular, atheist, Asian British woman, you don’t deserve a defense from our civil rights firms.”

Gita, if you’re reading this, if you can find me a leader I’d make a very useful junior counsel :)

Instrumentum Vocale

By DeusExMacintosh

Sir John Houghton, who played a critical role in establishing the Intergovernmental Panel on Climate Change (IPPC), was roundly condemned after it emerged that he was an apparent advocate of scary propaganda to frighten the public into believing the dangers of global warming.

“Unless we announce disasters, no one will listen,” Sir John was supposed to have said in 1994…

The trouble is, Sir John Houghton has never said what he is quoted as saying. The words do not appear in his own book on global warming, first published in 1994, despite statements to the contrary. In fact, he denies emphatically that he ever said it at any time, either verbally or in writing.

In fact, his view on the matter of generating scare stories to publicise climate change is quite the opposite. “There are those who will say ‘unless we announce disasters, no one will listen’, but I’m not one of them,” Sir John told The Independent.

“It’s not the sort of thing I would ever say. It’s quite the opposite of what I think and it pains me to see this quote being used repeatedly in this way. I would never say we should hype up the risk of climate disasters in order to get noticed,” he said…

Christopher Booker, a newspaper columnist, considers the quotation so important that he lists it at the top of the first page of his most recent book on climate scepticism, The Real Global Warming Disaster, published last year. Mr Booker also cites the 1994 edition of Houghton’s own book on global warming as the source of the quotation, even though there is no mention of it there. Mr Booker did not respond yesterday to enquiries by The Independent.

Benny Peiser, a social anthropologist at Liverpool John Moores University, also cited the 1994 edition of Sir John’s book as the source of the quote, which he used last Sunday in an article denouncing the alarmism of climate scientists. Dr Peiser admitted to The Independent that he had not read the book recently and had only used the quote “from memory” because it is so widely cited in other books on climate scepticism.

“I’ve seen it printed in many books. He is well known for making these statements. I’ve used that quote on many occasions from one of the books on climate alarmism. If he makes the claim that he never said this then he has to clarify that,” Dr Peiser said.

“If he publicly says that he never made that statement then, of course, I wouldn’t use it, but this is the first time I’ve heard [his denial] and this has been going on for 15 years. This quote has been used for the past 15 years,” he said.

In fact, the earliest record of the quote comes not from 15 years ago but from November 2006 when it appeared in a newspaper column written by the journalist Piers Akerman in the Australian newspaper The Sunday Telegraph. Akerman, a controversial right-wing columnist and global warming sceptic, appears to be the first person to use the quote verbatim in an opinion piece criticising the Stern Review, which looked at the economic effects of global warming.

“This alarmist approach reeked of stupidity, snake oil, and misguided gospel preaching but was in line with a formula adopted by the first chairman of the IPCC, Sir John Houghton, who produced the IPCC’s first three reports in 1990, 1995 and 2001 and wrote in his book Global Warming, The Complete Briefing, in 1994: ‘Unless we announce disasters no one will listen’,” Mr Akerman said.

Within three years of Akerman’s piece being published, climate sceptics had jumped on the supposed quotation, citing the source as Houghton’s 1994 book. Mr Akerman said that he could not remember where the quote came from but he will check his records.

- The Independent

Instrumentum Vocale, trans. The tool that speaks

H/T: Hoyden About Town

Further on Intellectual Property

By skepticlawyer

Regular commenter Lorenzo has written a very thought-provoking post on intellectual property, which I highly recommend. I looked over it and made a few lawyerly comments… for which he has provided me with far too much credit ;)

The take-home (and very thoughtful) piece of analysis? (Lorenzo is a specialist on the role and activities of the medieval knightly class). Try this on for size:

Indeed, sumptuary laws provide a revealing example, because medieval sumptuary laws performed much the same role as modern laws against “identity theft” do: they were to stop people passing themselves off as something they were not. In a society with limited literacy and very strong social role dynamics, this mattered. They acted as genuinely informative “social trademarks”. But they were also transitional. Earlier, the knightly class (in the broad sense) so dominated the economy that mere merchants would not be able to afford the “wrong” clothing. Once merchants began to become wealthy, the laws were needed, since the merchants could afford as good, or better, clothing than the knights and the nobility. As the commercial revolution took hold, literacy spread and the state became much more important in providing public order, sumptuary laws became (where they persisted) an inappropriate holdover propping up a structure of privilege which had lost connection with social functioning.

Remind folk of anything we discussed above?

What some interests would like to get away with in IP is well beyond what current technology supports: a trend that is likely to get worse rather than better. IP law and practice needs to work with who actually has control of what and what boundaries are sustainable because of real enforcement capacity given the balance of benefits and people’s sense of fair boundaries.

As they say, read the whole thing.

Celebrity politicians – are they worth it?

By Legal Eagle

I confess that I’ve never really held much brief for celebrity politicians.  Of course, I try to give everyone the benefit of the doubt, so I try to cast my prejudice aside. But I can’t help thinking that if you’re a performer or an actor or a musician, you might not have had much experience actually running things. You don’t have to implement your ideas or make them work.

Another thing about celebrity politicians is that you inevitably end up feeling very disappointed in them. It’s easy to admire someone when they just have to put in a good performance, and they don’t have to make difficult decisions or let you down. However, the nature of being a politician is that you have to compromise, and make hard decisions which may end up hurting people in one way or another. You can’t be popular with everyone in politics.

So I feel disappointed about Peter Garrett (Labor Environment Minister and former lead singer of Midnight Oil, for non-Aussie readers). For one thing, I liked his music. But it’s hard to listen to it now without thinking of his political persona, and of his various shortcomings and the ways in which I believe he has betrayed his own ideals.

Garrett always seemed to me to be an idealist. For this reason I was surprised when he chose to go with Labor rather than the Greens. Presumably he chose Labor because he felt that he was more likely to get into power and “make a difference” with a major party, but because Labor is the major party with a more left wing approach, he thought he wouldn’t have to betray his ideals too much. It’s easier to remain idealistic if one is associated with a minor party, I suspect. If you’re with a major party, you have to make all kinds of compromises because you actually have to implement your ideals (or be ready to implement them if you are in Opposition). And the major parties are broad churches, such that the ideals of the party have quite a bit of latitude, and can change rapidly. Since Malcolm Turnbull was ousted as leader of the Opposition, and Tony Abbott took his place, the approach of the Liberal party has changed massively, for example.

Despite the fact that it has been reported in The Australian that Garrett has resisted calls for his resignation, I can’t help thinking that his days are numbered. After all, when both Catallaxy and Larvatus Prodeo run posts which canvass the possibility of his resignation, one would have to say that there was a consensus that Garrett is in trouble.

Garrett’s trouble began in February last year when the government said that it would fund the insulation of 2.7 million homes as part of its A$42 billion stimulus package. The idea was that this would help Australians use less energy because their houses would be better insulated, and thus our impact on the environment would be lessened. The idea sounds like a good one in principle. After all, surely it’s a good thing if we are all more efficient in our energy use? But the government seems to have failed to think properly about the incentives that such a scheme would set up. Once they set up a slush fund of money available for roof insulators, it’s natural that people would want to move into the business of roof insulation, and if the situation was not carefully managed, it’s also natural that you’d get inexperienced operators, or operators who wanted to cut corners to make a quick buck. As I said over at Catallaxy, I think the government were probably thinking of grand gestures that would make them look good rather than practicalities. The law of unintended consequences strikes again.

In any case, The Australian reports:

Peter Garrett has admitted he was warned repeatedly by government and industry bodies that flaws in his roof insulation program risked causing fatalities as the opposition demanded Kevin Rudd sack him for “maladministration” that led to deaths.

Fighting to save his career, the Environment Minister told parliament the warnings went back to February last year, when his department was told of potential risks, and to March when he was warned directly. He said he had responded promptly and argued it was not his bungling that was to blame for four deaths and serious safety risks to householders but the “slack” behaviour of installers.

Tony Abbott said the program was always going to attract “shonks” and seized on at least 13 safety warnings to the government as he tried to censure the Prime Minister for failing to sack Mr Garrett. The attack came amid accusations federal officials had warned their state counterparts in April of a “10 per cent failure rate” for the program as they rushed to roll out the $2.45 billion scheme.

A young installer died in Cairns just last week after using metal staples which were outlawed last year. Unsurprisingly, the unions are unimpressed, and Dean Mighell of the ETU has attacked the government for failing to consult it properly over safety standards and procedures. As Christian Kerr said in The Australian:

Workplace safety is one of the most fundamental concerns of the union movement. It is one of the most fundamental reasons why it — and its political wing, the Labor Party — exist.

But yesterday Garrett said installers had to take some of the blame for deaths linked with his bungled insulation scheme.

“It’s not a government rebate that has led to these terrible fatalities,” he told the ABC.

“It’s people actually breaching the guidelines as installers, not properly following the rules and regulations that we’ve put in place, and exposing their employees, in some cases, to a terrible risk and death.

“Now they have a responsibility as well.”

The union movement reacted furiously.

“Unions have consistently raised concerns about safety and training standards in the program and have complained directly to the federal government,” ACTU leader Sharan Burrow said in a statement yesterday.

“The ACTU called for a halt to the program in November 2009 after three tragic deaths, but withdrew our call following assurances that new procedures would protect workers. The electrocution of another young worker clearly shows these new procedures were not sufficient.”

One of the reasons I support unions is because, if they are working as they ought, they keep employers on the straight and narrow with respect to worker safety. As a young lawyer, I was once involved in the defence of some truly hideous workplace safety claims. I can’t tell you how horrendous the injuries to the poor workers were. One of the roles of a decent lawyer is (or should be) to tell the client when they’ve done wrong. I’m pleased to say that we advised our client that their safety procedures were seriously deficient and that they would have to face the legal consequences. I also hope that we put a rocket up the client so that they never let anything like that happen again. They might not have cared about their workers but they did care about their bottom line. (I still mentally spit whenever I see this former client’s name somewhere, by the way, even though it was a long time ago now. If there’s something I hate, it’s the attitude that workers’ lives are expendable in the pursuit of profit.)

When I see Garrett dodging and weaving about the deaths of those young workers, I feel deeply, deeply disappointed. What happened to his idealism? And it makes me think that, really, perhaps my doubts about celebrity politicians are merited. I wonder if they have the practical experience that is needed for the job.

(As an aside, lest you think I’m unfairly picking on celebrities, I also think there are far too many lawyers in Parliament. Of course it’s natural that lawyers have a passion with respect to making laws, but there’s a tendency among some lawyers to think that things can just be fixed by passing a law about it…grrr. In addition, I think it’s unhealthy for one particular profession to be disproportionately represented in Parliament.)

Update: LegalConsulting advice was given to Garrett outlining the safety risks of the insulation scheme.

Update 2: Have a read of Jim Belshaw’s post on the ramifications of the cancellation of the scheme for legitimate operators…

An ‘unvalued person’: guest post by Adrien

By skepticlawyer

[SL: Adrien, as you all know, is a regular commenter on this blog and over at Catallaxy. A while ago, he offered us a series of occasional guest posts on matters artistic, to which we heartily agreed as Adrien has forgotten more about fine art than most of us have ever known. In light of recent comments on this thread over at Catallaxy that Ozblogistan -- and specifically, the libertarian bit of it -- could do with some more art writing, we're very pleased to present Adrien's first piece in what will be an ongoing series, on Italian early Baroque painter Artemisia Gentileschi. Enjoy].

The king of the Babylonians, Nebuchadnezzer, has sent his armies forth to conquer those who refuse to become his ‘allies’.  Again Israel, in some nether period between the Babylonian exile and the birth of Jesus Christ, is confronted with an enormous foreign army. The general Holofernes has laid seige to the city of Bethulia, cutting off its water supply. This is a religious contest. Holofernes asks what god is there but Nebuchadnezzer? The Israelites’ response, as usual, is that there is no God but G-d. Despite this defiance, the Jews are dispirited. They have decided that the one true God has abandoned them for their sins. They despair.

But in this city (which never, in fact, existed) there lives a woman of great beauty. A widow who is famous for strict piety. Rich, she wears coarse cloth. But now she dons finery, accompanied by her servant and supplied by many days-worth of kosher food. She approaches the Babylonian camp. Then, as now, beauty had power and she is shown to Holofernes’ tent. Here she tells the general that she has a plan by which Bethulia will submit without bloodshed. He believes her, or he believes her pretty face. She’s lying.

They have many meetings. Dinners really. She refuses the Babylonian cuisine, preferring her own pious fare. Before their last dinner Holofernes declares to his comrades his intentions: he will seduce this woman or be a laughing stock. What happens is much worse for him. He drinks too much at Judith’s behest. And when Holofernes is inebriated to incapacitation she takes his sword and cuts off his head. She and her servant then return to the Bethulia. Assuming the general’s success, the guards at the gate smile knowingly. They are unaware of the deadly irony.

This is not a modern army. Not even a Roman one. When made aware that they are deprived of their leader the Babylonians panic and scatter. Emboldened by Judith’s brave act the Jews rise and slaughter those left. Israel is saved.

The Book of Judith, a book not regarded by Jews or Protestants as scripture, was nevertheless affirmed as such by the Catholic Church at the Council of Trent. Judith was a popular subject in the opening decades of the 1600s for reasons of propaganda as much as anything else. The Baroque era demonstrates well that great art and excellent propaganda are not mutually exclusive, provided that the artists don’t understand the ideology too well and the ideologues don’t understand the art. Following the schism the Catholic authorities had decided to clean the house of the corruption that had alienated so much of northern Europe during the 16th century. Of course, this did not mean changing their ways but everyone else’s. The banning of the vernacular Bible was strictly enforced. And copies of such were publicly burned. Banned, also, were some of my favourite books: The Decameron, The Courtier, The Prince.

The brief for painters was to make use of the spectacular achievements in Italian art over the previous two hundred years to impress visually upon all who saw it the mysteries and superiority of the Catholic faith. At the end of the 16th century emerged a new school of painting many thought ideal for the purpose. The preeminent art critic of the time, Giovanni Bellori, remarked that the shining light of this school had come along at a time ‘when realism was not much in fashion’ and that this new style ‘avoided prettiness and vanity’ giving to its figures ‘flesh and blood’. The shining light of this new school was one Michelangelo Merisi da Caravaggio from Milan.

Despite his acknowledgments of excellence Bellori did not much approve of Caravaggio or his work. Many concurred. Caravaggio got into trouble occasionally for taking his gritty reality too far: saints with dirty feet. He would also get into trouble regularly with the law: arrested many times for crimes of the sword. It was illegal to carry a sword unless noble or licensed and Caravaggio was neither. Arrogant, with red-hot temper, he finally killed someone and had to flee Rome leaving a group of influential followers. Among these followers was an older man, Orazio Gentileschi, who’d been converted to the new style when he was almost forty. This style perfected chiaroscuro, a technique featuring illuminated figures against dark backgrounds. Caravaggio rendered this so realistically that adherents of the Hockney–Falco thesis, myself included, believe it to be a kind of photography. No matter, it was a new highpoint for narrative art, cinematic almost, in which the moment portrayed is the one that punctuates the highest drama. It was at that point the most visceral depiction of action yet devised. Gentileschi had four children. Only one inherited his talent, his daughter Artemisia. In 1620 she painted this:

Even critics like Catherine Puglisi — who prefer Caravaggio’s version — acknowledge that Gentileschi the Younger has surpassed the master in narrative realism. Many prefer Caravaggio’s work still. They argue that it possesses a psychological ambivalence absent in other work. However there is general agreement that Artemisia’s looks more like the real thing. Look at it. They mean business, these women. Look at their faces; look at their clothes. They are of different social rank. The smaller woman serves her that does the killing. Her job is to hold down he who is being put to death. She is small but she is strong. Her arms are muscular. They are serious women, ruthless, business-like. Germaine Greer mused that this may depict two prostitutes murdering a hapless client. Indeed Caravaggio’s work had established that duality where mythology and social realism co-exist simultaneously in the same picture. But this is not murder, it is an act of war.

What makes it so real is that the artist that created this understood what it would take for a woman to kill a much larger and more powerful individual. There are two of them. There has to be. Where Caravaggio’s painting appears ritualistic, this looks like it’s actually happening. Caravaggio’s Judith (the courtesan Fillide Melandroni) is, like the Biblical Judith, beautiful and young. But her sword arm is held at an awkward angle and Holofernes is almost co-operative. In Gentileschi’s picture he is surprised, slowly struggling out of stupor. It’s too late. Judith is serious about her work and it is almost done. He’s gone. Notice that, contrary to tradition, Gentileschi’s Judith is not especially beautiful. She is older, too. A matriarch putting something odious out of its misery. There’s nothing sadistic in her countenance but I’d wager the artist enjoys the blood. There is so much of it. It splatters Judith’s finery. It spurts from the neck in macabre jets (Artemisia pinched that from Caravaggio, he’d had first hand experience). This is the bloodiest picture Gentileschi the Younger ever painted. Among the bloodiest that anyone ever painted.

It’s thought by the pre-eminent Gentileschi scholar, Ward Bissell, to be the last commission completed for her Florentine patron Cosimo d’ Medici II. By this time she had spent years in Florence refining her technique and absorbing the work of her other major influence: Michaelangelo. But the picture is a mature version of  a painting she first executed 8 or so years before when she was a teenager. That execution is obviously more primitive. The colours are basic. Red and blue. The shading on the faces is not so nuanced and the tip of the sword actually looks more like a stain. It’s unclear who commissioned this early version, if anyone. But what is known is that the painting was executed soon after Gentileschi was raped.

The perpetrator was one Agostino Tassi, a colleague and friend of her father. A man so odious as to make Caravaggio seem a good bet for cucumber sandwiches at Lady Windemere’s. Years before he’d been arrested for assaulting a courtesan who’d had the temerity to decline him. Witnesses testified to him screaming at her: ‘whore, bitch, trollop. I’ll throw a basin of shit in your face’. He’d cut her face. Years later he boasted he’d had his wife killed. Charming guy. Then, as now, rape trials were unpleasant for those seeking justice because it was they that found themselves accused in turn. Some comfort can be had in the fact that rape is now a criminal offence. In Artemisia’s time it was an action for compensation filed by her father. She was his property and Tassi had damaged it. The trial lasted for months and created a scandal that would follow Artemsia all her life, even to London. Orazio had filed charges some months after the rape, as he’d apparently remained ignorant of it. Agostino and he had even had dinner together the day the crime took place. Justice was also delayed by the fact that after Tassi had taken Artemisia by force he promised to marry her and she agreed.

Strange as it seems today, this was then the standard solution. Rape only went to the courts if the victim was a virgin. Punishment was then meted out only if the rapist refused to marry his victim. For months afterward Artemisia had carried on an affair with Tassi assuming them to be virtually husband and wife. The charges were pressed only when it became clear that Tassi had no intention of honouring his obligations. Eventually he was found guilty, but powerful connections saw to it that he never faced his punishment: 5 years exile. He never even left the city.

Look at the painting again. Tassi was a handsome man with black hair and a beard. Is this a revenge fantasy?

That reading of Gentileschi the Younger’s Judith Slaying Holofernes is the standard one asserted by feminist advocates for the inclusion of female artists within the Canon. As the second most pre-eminent Gentileschi scholar (and feminist) Mary Garrad has acknowledged, Artemisia Gentileschi was the centrepiece of such revisionism. Germaine Greer called her the magnificent exception. A lot of such advocacy is facile and even silly. But Garrad’s work is sound, and I believe she’s right. Gentileschi the Younger had been excluded from scholarship on the period until c.1970, and I can’t think of any reason for this to be so apart from her sex. Garrad has gone further then Bissell and shown that Gentileschi not only succeeded in her time but influenced the depiction of the female figure for posterity. Those influenced include Rembrandt and Reubens. I didn’t read Garrad’s arguments on this matter; I simply looked at the paintings she cites. She’s right. The influence is obvious. Garrad argues that Gentileschi was the first female artist who set out to compete with the finest in her craft. To be the finest. She also asserts that, tho’ a celebrity, she was not taken seriously. This contradicts her other assertion and cannot be the entire truth, considering that Gentileschi was admitted to the Accademia del Disengo, the prestigious institution founded at Vasari’s suggestion by Cosimo d’Medici I (the Great) and including such talents as Michelangelo.

Still, Gentileschi’s correspondence is full of quite civil but angry complaints that she is being taken advantage of because she is female. In one, for example, she is declining a client’s requests to send preparatory drawings for a commission. The reason she gives is that she had done so previously and that the client had given them to a lesser painter who used them to create a much cheaper painting. She got nothing. “This would not have happened to me if I was a man”, she writes. I agree. Women didn’t carry swords and the justice system obviously left much to be desired. Still, she worked at the top of her field: in Rome, in Florence, in Rome again, London and Naples, the relative backwater that welcomed her as a celebrity but saw her decline largely due to the relegation of her style to the status of the recently unfashionable. This happens to the best of them, Rembrandt for example. The facts are plain however: she was successful. She was working until her death at the age of 65.

Her negligence by posterity is however also a fact. Interest in Caravaggio and his followers was rekindled at the beginning of the 20th century, but all of the authoritative tomes from this period exclude her. It is thanks both to Bissell’s excavations and feminist revisionism that we can think her current status now so official that Judith Slaying Holofernes appears in the latest Art History reference books (eg A World History of Art Hugh Honour et al) as representative of the period. Likewise in the excellent reference Art: The Definitive Visual Guide (Andrew Graham-Dixon ed). Artemisia’s painting represents the Caravaggisti in a double spread that focuses on Caravaggio’s importance. If you, as they say, come to adore the period, your preference for Caravaggio, Artemisia, her father or any of the other Caravaggisti is, I think, largely a matter both of personal feeling and the importance one ascribes to stylistic innovation, movement leadership and correspondence with the artist-as-rebel motif. For my money, however, this Judith by Gentileschi the Younger is the apex of the form. The thing that makes the early Italian Baroque remarkable is not just the vivid depiction but the social verisimilitude. These figures may illustrate scripture but they could also very well be ordinary, contemporary folk. Caravaggio’s Judith does not look like any woman on the street. Gentileschi’s does.

At her trial Artemisia repeated her testimony under torture. The device used was the sibille, which consisted of cords tied around the knuckles of the witness and tightened, causing agony. Gentileschi consented to this cruelty and repeated the truth of her statement in front of the accused to whom she cried: “this is the ring that you give me and these are your promises!” She was 17 when she was raped. She finished the first version of this picture by her 20th birthday. But exactly when, and in what circumstances, she began work on the first Judith Slaying Holofernes is unknown. Some feminists attribute the warring sexes theme that runs through her oeuvre to the rape. I disagree. It appears beforehand in her version of Susanna and the Elders (executed in 1610). This was subject to centuries of argument about date and authorship, grounded in the skepticism that such a young girl could be so skilled.

However when she began this Judith it isn’t much of a stretch to think that her fingers were still swollen and sore from the sibille. That she herself — her future in doubt at the time as a fallen woman — was bitterly angry and expressed this anger by depicting one of the few female heroes in Western literary history at grisly work.

We shall never know. She was one of the finest, but still merely labouring a trade. A prestigious trade and a prestigious tradeswoman but nonetheless one who worked and with her hands. At the time they were, as Shakespeare put it, unvalued persons. The internet is awash with various feminist takes on the rape in connection with this picture. I tend to agree with Mary Garrad that this is a facile reduction. But what is obvious is often the truth of the matter, and the link cannot be denied. She would not be human if Artemisia had not put her scorched feelings into the picture. How sad and sadly unsurprising that history’s first significant female artist should be forever linked with male sexual venality.

The Pachelbel Canon

By DeusExMacintosh

There’s a lot of it, and it’s all the same tune. Pray that nobody owns the copyright or the modern music industry will collapse.

[youtube]http://www.youtube.com/watch?v=JdxkVQy7QLM[/youtube]

Comedian Rob Paravonian does the Pachelbel Rant.

He’s following you too…

Word, Pat

By skepticlawyer

You may not agree with everything notable atheist and skeptic Pat Condell says, but it needs to be said all the same. You may not like Geert Wilders much, either, but this is appalling.

[youtube]http://www.youtube.com/watch?v=96ZUZ9CPZII&feature=topvideos[/youtube]

More (mainly in Dutch, alas) here.

Down, Kookaburra, Down

By skepticlawyer

I learn via the Hoydens that the Federal Court (oh, the stupid, it burns) has decided that Men at Work’s Down Under infringed the copyright held by the owners of Kookaburra Sits Under the Old Gum Tree. Here are a few observations from a lawyer who has handled some small IP matters.

1. IP law is rapidly becoming a laughing-stock. IP ‘rights’ (choses in action par excellence) are intangible property rights typically conferred in the form of temporary monopolies. As any economist can tell you, monopolies — especially monopolies backed by the coercive power of the state — are pretty nasty creatures when it comes down to it. You don’t want them hanging around for too long. That’s why — depending on jurisdiction — patents and trademarks are either strongly time-limited (between 10 and 16 years for most patents) and subject to registration and set all about with fever trees (trademarks). IP law exists to facilitate innovation, to reward the clever scientist or gifted writer. Taken too far, however, IP protection stifles innovation — making it harder, not easier, to make new things — and becomes a cash cow for a certain type of lawyer and a certain type of IP owner. 

Copyright is the worst of the lot. It requires no registration and lasts for the life of the author plus 70 years. Yes, your grandchildren — if you do well with a novel or song — could be living high on the hog once you’ve popped your clogs. It used to be life plus 50 years, but of late, the IP types have become rather greedy.

2. Property law is only any good if it can protect the interest in question. As IP’s ability to protect intangible property rights has waned thanks to technological changes, IP owners have become increasingly silly about defending what they have. This has manifested itself in various nasty legal and economic ways. There’s Australia’s parallel importation rules on books, for example (which help only publishers, not authors). Unfortunately, explaining this basic fact to authors seems to fail on account of Australian authors’ widespread inability to do sums or to understand the concept of competition. Then, of course, there’s price discrimination, of which DVD regions are a prime example. Now we have a corporation suing in the name of a creator who died in 1988. That means Men at Work — if this decision stands — will be paying out until 2058.

In my view, copyright should expire with the author. This ‘life plus 70′ crap is an invitation to abuse and prevents the timely release of useful information and data into the public domain. It also encourages abuse in the opposite direction: witness the army of people out there who decide the whole thing isn’t worth their trouble and just partake in illegal downloading of all stripes.

A bit of basic lawyering for you:

A big part of compliance with the law is the respect of the citizenry for that law. This respect — call it morality — exists wholly outside the law and is independent of the law. The law against murder, for example, works largely because most people believe murder is wrong, not because of the law against it. In other words, law only works at the margins, which is exactly where you want law to work. If law has to do ‘moral work’ across the whole society, we’ll rapidly finish up with a ratio of one citizen to one policeman, with each cheerfully bribing the other non-stop. By engaging in such blatant gouging, IP regimes are rapidly losing the respect they require in order to operate. Eventually, the law of diminishing returns will come into play and the entire IP system — including the good bits, the bits that reward innovation — will go tits up in a big way. When it comes to music and movies, I suspect we’re not far away from that point.

The one sliver of silver lining in this matter is the fact that it’s single judge only. Let’s hope the full bench of the Federal Court rolls it on appeal.

UPDATE: Robert Merkel’s take, an interesting perspective from a scientist, not a lawyer.

Investment Wankers

By DeusExMacintosh

An Australian banker is in hot water after being filmed looking at semi-nude photos of a model while a colleague was doing a television interview nearby.

He could be seen clicking on photos of Miranda Kerr in the background of the Channel 7 interview on Tuesday with an analyst for Macquarie Private Wealth.

The footage soon made its way on to YouTube and became a huge hit.

Macquarie Private Wealth, however, was not amused and said it was taking the matter very seriously.

The images of Ms Kerr could clearly be seen during the Channel 7 interview, only at the end of which does the banker turn to the camera and realise he has been filmed.

A Macquarie statement said: “Macquarie has strict policies in place surrounding the use of technology and the issue arising from the live cross on Seven News is being dealt with internally.”

The banker in question, said to be a mid-level client investment manager, has reportedly been meeting executives to determine his future.

- BBC News

And now for your delectation, we present “the masters of the Universe” hard at work…

[youtube]http://www.youtube.com/watch?v=vfX0yHTztNg[/youtube]

UPDATE 5/2/10: DAVE WAS SAVED

An Australian banker caught viewing erotic images in the background of a live TV interview will keep his job, his employer, Macquarie Bank, has said.

David Kiely became an internet sensation when the Channel 7 interview, showing him looking at images of model Miranda Kerr, was posted on YouTube.

A massive internet campaign was launched to save his job and Ms Kerr also pleaded his case. Macquarie said it had completed an inquiry and that Mr Kiely would stay.

In a statement it said: “He will remain an employee of Macquarie. Macquarie and the employee apologise for any offence that may have been caused.”

Restitution for wrongs and child pornography

By Legal Eagle

A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography  who goes by the pseudonym “Amy”.

When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy is now 19 years old. Amy’s uncle is in gaol for his crimes, but the photos are still circulating around the Internet. The federal victim notification system means that Amy is sent a notice every time the photos turn up in a prosecution. She has received over 800 notices since 2005. Amy has now commenced legal proceedings demanding that every person convicted of possessing a Misty image or images should be liable to pay damages to her until her claim of US$3.4M has been met.

Amy’s claim has been litigated pursuant to 18 USC  § 2259, which provides for mandatory restitution for any offense under Chapter 110 (dealing with sexual exploitation and other abuse of children). Section 2259 provides as follows:

(a) In general.—Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
(b) Scope and nature of order.
(1) Directions.—The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) Enforcement.—An order under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) Definition.—For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys’ fees, as well as other costs incurred;
(F) any other losses suffered by the victim as a proximate result of the offense.
(4) Order mandatory.
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
(c) Definition.—For purposes of this section, the term “victim” means the individual harmed as a result of the commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.

Amy was successful in her first case, prosecuted in Connecticut in February last year. The man convicted of possessing child pornography (including the “Misty” images) was ordered by Senior U.S. District Judge Warren W. Eginton to pay Amy around $200,000. The judge admitted that the case was ground-breaking, as offenders who possess illegal images have not usually been required to pay restitution (as opposed to those offenders who create images).

Subsequently, Amy had mixed success. Two Florida courts ordered defendants to pay restitution of over US$3M in favour of Amy. In a Minnesota case, the judge demanded to know why the prosecution had not filed a restitution claim on Amy’s behalf. Other Courts have declined to order restitution (e.g. in Maine and in Texas). While those courts found that Amy and other victims were harmed as a result of the possession of pornographic images depicting them, they found that she did not establish that the particular defendant’s conduct was a “proximate cause” of her specific losses (see sub-section 2259(b)(3)(F) above).

Should someone like Amy be entitled to restitution for the wrongs which have been done to her? Certainly, one law blogger, Jonathan Turley, sees the restitution awards as stretching personal accountability to breaking point. Turley continues:

There is no question that people who buy or trade such child pornography are contributors or facilitators of these terrible crimes. However, the extension of the definition of victim could lead to liability without limitation. Presumably, anyone watching porn movies with an underaged character or in possession of a magazine with such a picture could be similarly faced with restitution demands. Prosecutors could threaten targets with financial ruin under such theories — forcing guilty pleas to other offenses. Restitution is generally limited to the direct victims of the defendants actions.

The concern is that there are a host of crimes that may involve the collateral crimes of others. Thus, receipt of stolen goods requires return of the property and a criminal penalty. However, a person guilty of possession is not normally required to pay restitution for a burglary if he did not play a role in the original crime. Thus, a pawn shop owner is responsible for the crime of possession of a stolen object but not restitution for the broken window or physical assault related to the break in.

On the other hand, as the New York Times article points out, some courts have argued that extremely heavy sentences on sex offenders are unfair, and reflect a knee-jerk emotional reaction on the part of legislators and the public. Monetary damages in cases such as these may provide a different way of punishing offenders and also potentially providing some vindication for victims.

My friend and I were also discussing the problem of cases where the victims could not be identified. Should the defendant still be required to pay damages into a fund? And if so, how should the money be administered? This links into a talk I went to a while back which discussed the possibility of cy pres trusts for class actions – where moneys were unclaimed by specific plaintiffs, the money could be held on trust for people in the same category as the plaintiff or for a cause linked with the proceeding. For example, in a case involving child pornography, the moneys could be held on trust for children’s charities or the like.