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Howard Jacobson: It's the end of civil liberties as we know it – or that's how some people prefer to think

What's been done to us to make us dread every new CCTV camera as we dread a nightmare?

Saturday, 14 June 2008

Why do we fear and hate the State so much? The idea of it, I mean. The metaphor. What has the actual State ever done to us? I use "us" in the quasi-royal sense: us easy-come, easy-go Brits. What terrible experience of State persecution haunts our minds to the degree that the most modest incursion into our precious liberties feels like the end of those liberties altogether?

It would be different if we were Middle or Eastern Europeans. Grow up in the declining years of the Austro-Hungarian Empire, or Hitler's Germany, or Stalin's Russia, and of course you will start from every leaf that blows against your window pane. I'd be surprised if they're still not looking over their shoulders in Hungary and Lithuania. The last time I visited Prague I had a sense of secret policemen, invisible to Western eyes, haunting the neurasthenic cobbles. The once-tortured don't ever live without anticipation of pain; long after they're safe, the persecuted lie unwaking on their beds. But what's been done to us to make us dread every new CCTV camera, every extra day the police can hold a terror suspect, as we dread the recurrence of a nightmare?

Literature is partly to blame for this. We are too influenced by other people's. My admiration for Kafka is boundless; a cold terror seizes me when I read that laconic opening line of The Trial, "Someone must have been telling lies about Joseph K"'.But it's a bit of an imaginative indulgence for an Englishman. Dickens better tells our story, even when he is at his most Kafka-like, as in Little Dorrit with its ministry for ruining people's lives, the Circumlocution Office.

The most affable of all the Circumlocution Officers lays it on the line to the novel's hero as he languishes in prison: "Our place is not a wicked Giant to be charged at full tilt; but only a windmill showing you, as it grinds immense quantities of chaff, which way the country wind blows... It's all right. We must have humbug, we all like humbug, we couldn't get on without humbug..." A dismal truth about a nation and its government, yes, but still not that utterly desolating vision of State malignity which Joseph K is finally vouchsafed in the moment its officers slit his throat.

What we do over here is incompetence. Our State loses and botches things. For which, when they have lost and botched enough, we ridicule it out of power. What it doesn't do is encroach intolerably upon our liberty. We do that ourselves. We watch The Apprentice and Big Brother. We enter into willing servitude to humbug and inanity. We value what is valueless, and not simply aesthetically valueless, but morally and socially valueless too, granting worth and credence to idle boasting and vaingloriousness and brutality and greed. It would be nice if the State could protect us from that – ie from ourselves – but we would not tolerate it. The last freedom we will protect – with our lives if necessary – is the freedom to be fools.

In the meantime it bewilders me that we should choose to hinder the State in the performance of its most essential and, one would have thought, least controversial function, which is to save us from the enactment of violence and malice. I don't know how one measures the heinousness of 42 days against 28. There is no abstract principle of reasonable duration against which any of us can gauge right and wrong in this matter. If you were the Count of Monte Cristo or the Man in the Iron Mask you would consider 42 days a stroll in the park.

What's a long time? What's a short time? Had 42 days been established procedure, there would be those who would rail against 43. I do not myself, as an innocent, want to be questioned or interred for half an hour. But justice, however perfectly administered, will always miscarry. And it is arrant nonsense to argue, as Cameron did this week, that by curtailing our freedoms we do the work of terrorists for them. Terrorists have no interest in curtailing our freedoms, only in curtailing our lives.

There is another scrap of arrant nonsense blowing to and fro in the winds of this debate. That with every new camera we erect in our streets, with every extra day we give the police, we set in motion a machinery for authoritarianism which will be seized upon with alacrity by the Stalins and Hitlers waiting in the wings of our society. One might just as reasonably argue that we should never have invented the wheel, given the chariots of annihilation the wheel has facilitated, never have hit upon the fundamentals of chemistry, without which there would be, to coin a phrase, no weapons of mass destruction. Every step forward is potentially a step backwards: that is the law of life. If we took what others might do with our ideas and inventions into serious consideration, we would never think or invent a thing.

In the end, these incidentals conceal a greater truth. Behind our dread of State authoritarianism is the egalitarian's loathing of authority in any guise. Not simply governmental authority, but authority as it bears on every aspect of our culture, particularly where authority is the very quality we need. Thus, no matron now bosses around (and thereby keeps efficient) a hospital ward, no university lecturer fails a student – for who has the overweening presumption to decide on success or failure? – and no teacher teaches. Exploration is what a teacher does with pupils now – a mutually enabling act of democratic discovery in which nothing is discovered.

We all know who the best teachers used to be. The tyrants and enthusiasts and impassioned dogmatists who made us keep quiet and listen while they told us what was true as they saw it – as it was their job to see it – and then gave us an A+ when we wrote equally dogmatic essays disagreeing with them. The best of all democrats is not the relativist or the deconstructionist of the very concept of value, but the person who revels in the authority of truth, boldly asserted, then revels equally in its contradiction.

That man is no lover of humanity who fusses around its peripheries, afraid for its susceptibilities, protective of its fragile liberties of body and of mind, at the last preferring to see mankind blown up by terrorists who might just have a point, than kept alive and well by a State that dares to know what's best for its citizens. Since everything comes back to psychology, the question must be asked: what the hell did our fathers do to us.

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Comments

45 Comments

I won't go into great detail,all I want to say is that Mr.J is so right about the Stalins and Hitlers - out there in the wings.Last monday,I found myself in dire need of a Crisis Loan from the DSS -not for whiskey or opiate - but for bread,fruit and so on...we'd been hit by ugly bills in mass and my incapacity benefit did not stretch.

So,after six hours on hold,I get a man on the phone,who assures me that only he,was between "you,and people like you"of an abyss.He then went on with the intention of further degregation by telling me-bitterly- that he gets the same £ as me,and he has to pay petrol money to get to work!.The darkest threat was that if anyone was ever rude to him in response to his jibes ,he could make further requests"very difficult".

The poor of this country are being criminalised,and treated like vermin,not by the wealthy - but it appears to come from some Stazi like group springing from the working poor.And its all very organised.


Someone went to Hungary.

Posted by Rafael | 20.06.08, 21:14 GMT

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What an excellent article this is.I find it particularly pleasing that it makes no case whatsoever for civil liberties, and what emerges is that their complete removal from the statute books is overdue.As you rightly say, it's the State that knows what's best for its citizens.The notion that citizens are intelligent enough to know what is best for themselves is clearly an affront to the principle of democracy.Democracy is best served by experts, not "fools" like us.

What I don't understand is why you and Kelvin Mackenzie cling to any vestige of habeas corpus.Given that the State is the proper body for determining what is best for us, and given, as you say, that they are benign and have never given us cause to doubt their intentions, why do we need protective legislation at all?What we need is indefinite detention without trial.I believe govt. is only constrained by public opinion, which, as you point out,ought to be irrelevant in a proper democracy. What do the public know? Fools.

Posted by Forthestate | 17.06.08, 10:55 GMT

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So, Mike Mitchell, you are suggesting that new-labour is socialist?

I wonder how many of your supposed 3000 new laws impinge on individual freedoms?

I wonder over what period they have been introduced and whether this is an unusual figure for a goverment of any political persuasion?

If Tony Blair had really introduced 3000 freedom curtailing laws wouldn't we now be in a worse state than Zimababwe?

Personally I don't feel in threat of detention or false accusation by the state. I find that I am free to follow my own conscience in voting. I am able to travel freely and participate in whatever activity I choose providing it is legal. I don't find the law in any way restrictive nor onerous. I am free to work, to relax, to join any political party or union, to demonstrate and so on... I am as free as I would wish to be.

I realise that others in our society may not be quite so lucky. Poverty, social class, race and gender are shamefully still issues of discrimination and inequality.

Posted by kevin porter | 15.06.08, 20:57 GMT

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"What we do over here is incompetence. Our State… botches things...What it doesn't do is encroach intolerably upon our liberty."

"In the meantime it bewilders me that we should choose to hinder the State in the performance of its most essential and..least controversial function, which is to save us from the enactment of violence and malice."

You admit that the state botches things. Its failure to prevent 7/7, it's brutal killing of Charles De Menezes, the horrific ongoing abomination of the Iraq war justified on utterly false intelligence… all this and more showed how it botched things on a monstrous scale.
Yet you appear to put blind, naive trust in it's ability to protect us from supposed violent terrorists, and that depriving anyone whom it claims to suspect of so called terrorism of their liberty for over a month without charge is fine.
But you would hate to be locked up for 1/2 an hour!
Stick to your fiction, Howard. You don't do reality at all well.

Posted by Harlan Leyside | 15.06.08, 20:41 GMT

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Winston Churchill - wartime hero, peacetime nutcase.

Posted by Bud | 15.06.08, 19:08 GMT

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"That it is the Labour Party who are responsible for handing over yet more of our freedoms to the police is quite staggering." Paul 14.06.08, 22:59 GMT

This is what Winston Churchill said in an election speech in may, 1945:

"I must tell you that a Socialist policy is abhorrent to British ideas on freedom. There is to be one State, to which all are to be obedient in every act of their lives. This State, once in power, will prescribe for everyone: where they are to work, what they are to work at, where they may go and what they may say, what views they are to hold, where their wives are to queue up for the State ration, and what education their children are to receive. A Socialist State could not afford to
suffer opposition - no Socialist system can be established without a political police. They (the Labour government) would have to fall back on some form of Gestapo."

Posted by Mike Mitchell | 15.06.08, 14:39 GMT

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Howard Jacobson writes: "Terrorists have no interest in curtailing our freedoms, only in curtailing our lives."

So, if in a puff of magic wizardry all terrorists could be made to disappear and never to return, would Howard Jacobson demand our civil liberties back? If so, then surely the terrorists DO have an interest in curtailing our freedoms, for that is what they have already achieved with the aid of the fear-mongering tribe of hacks and politicians in Westminster. If, however, Mr Jacobson would still retain all the controls on our freedoms as a result of over 3,000 new laws introduced by Tony Blair's authoritarianism, then he is being disingenuous in his claim that these are there to protect us. Maybe he doesn't really know what is best, but is singing from the same hymn sheet that has obviously been handed round throughout the Westminster Village since Davis took his principled stand on behalf of the British people, who, I might add, are offering their overwhelming support.

Posted by Mike Mitchell | 15.06.08, 14:32 GMT

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Most eloquent Howard but isn't your arguement that to oppose 42 days hinder's the State's ability to perform it's duty rather..erm...circumlocutory ?

Posted by Duncan Hamilton | 15.06.08, 11:40 GMT

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British governments have suspended Habeas Corpus in Ireland. British soldiers have been routinely executed for cowardice. British trade unionists have been prosecuted for mere association. You may say that this is all rather old stuff. But it is not negligible.

Not all British citizens have such remote experience of state malignity. Immigrants of all kinds have experienced varying degrees of persecution. They know the maxim 'better safe than sorry'. They didn't learn that from Kafka or Dickens. You cannot explain everything from literature (I hope), nice though it may be to have Kafka or Dickens on your side.

As a university lecturer of nearly 35 years experience, I can say that at least one of your statements is wildly overstated. Students are failed all the time, regardless of the quality of the teaching.

Posted by John Williamson | 15.06.08, 11:31 GMT

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I remember the "It can't happen here" attitude towards totalitarianism displayed by Brits who thought themselves above all that. But I've seen apparatchiks in the UK who would fit in with any tyranny when the time came. Try applying for asylum if you're from Darfur, and you'll find them arguing -- on our government's behalf - that they should be sent back to likely death or torture. They are the enforcers to whom we entrust serious decisions with life or death consequences, yet their professional inadequacies are legion -- "I couldn't find your tribe on Google" - and what they do to cover them up is a disgrace to us all. They have no grasp of the principles of civil liberties - that's where the danger lies. Ever visited a detention centre?

Posted by Peter Verney | 15.06.08, 08:39 GMT

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