This is hopelessly naive. Heads of state should not be prosecuted in democracies. It sets a bad precedent and there is no easy way to apply the rule of law to the head of state. There are too many examples in history of abusive lawfare practices. Better not to nitpick about "crimes" in such cases and let the man disappear from the stage. Aggressive prosecutions only increase the likelihood he'll try to mount a political comeback.
Well, at least Sarkozy tried keeping it under the rug. And did more or less disappear from the stage because of how extremely unpopular he was (making any type of "political comeback" somewhat unfeasible).
Unlike someone else who is engaging in extreme corruption and is trampling the constitution of his country completely in the open and will likely never face any repercussions.
Maybe... if someone did prosecute him this whole thing could have been avoided?
"Corruption" is a term for proles. It's better understood as a political word that loosely translates to "what my opponent does." If you think only one party's members are guilty of technical crimes, then we are on different planets.
If you're talking about Orange Man Bad then he was, in fact, prosecuted, and it was a political own-goal by the Dems. Complete and total waste of time and resources for short-term political gains that never actually materialized. And it discredited the institution of impeachment forever. Well done.
I assume the whole concept of the rule of law is also meaningless to you? Blatantly abusing your office for personal gain entirely in the open while violating a bunch of laws in the process (that nobody is willing or capable of enforcing for that that matter..) is corruption. Silly demagoguery won't change that.
> If you think only one party's members are guilty of technical crimes
Never said or implied that. No clue what you mean by "technical crimes" either.
That matters little. It's a category error. People say things like "no one is above the law" but that isn't true. Not because of corruption, but because of the nature of politics. Law is downstream from politics and therefore in a very real sense subservient to it. To apply the law to political figures can never be done in a clean or unambiguous way, since it will always support the suspicion of lawfare, which degrades confidence in the law for the rest of us. To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law. It is also the case that trying to constrain political figures using the law is anti-democratic. If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy. The legal system can and will be abused when it is used politically.
Not only is it a category error, it is undesireable. Let them fight it out in the special realm of politics and leave our legal systems alone so we can enjoy their benefits.
Well as long as he declares that it's an "official act" he is certainly able to do that perfectly legally.
Given that the precedent is that the president can arbitrarily decide that the country is in a permanent state of national emergency and suspend the constitution indefinitely (which is literally what happened with the tariffs) that seems quite reasonable.
You are right without meaning to be. This is actually the correct interpretation. Who else decides if the country is in a state of emergency? That is politics.
The whole concept of "state of emergency" becomes meaningless if you are somehow in a permanent state of emergency. Or if there is no change in circumstances whatsoever and a new administration decides that the country is suddenly in a state of emergency for no particular reason.
Sure, its politics but it shouldn't be a hack for the president to do whatever he wants illegally. Obviously the courts should step in and stop this. Otherwise the constitution might as well be discarded and the congress disbanded.
It depends on the politician. And not whether they should but whether they could. That's the critical distinction. One that gets lost when ignorantly amplifying misquotes. The actual quote from Trump was that he could do so and not lose votes. About that he was correct. QED.
That answers the question of whether or not it was satire.
> s lost when ignorantly amplifying misquotes
Just barely squeezed that ad hominem in, with some plausible deniability. Nice.
In any case - I suppose it could, if one misquoted. Fortunately for me, was intentional as my version seems to reflect the gist of what you're saying: we (the people) shouldn't enforce the law when it comes to the actions of the leaders we elect.
> Law is downstream from politics and therefore in a very real sense subservient to it. To apply the law to political figures can never be done in a clean or unambiguous way
This is untrue anywhere that has the rule of law. (One can run a system where the law is secondary to politics. But it doesn't have the benefits of rule of law.)
> To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law
The entire history of the rule of law runs in the opposite direction. Prosecuting current and former politicians strengthens the rule of law. What it weakens, temporarily, is stability. You need strong institutions to take on and survive prosecuting a former politican, particularly a former head of state.
> If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy
You have a republic. Pure democracy doesn't work.
> legal system can and will be abused when it is used politically
Which is exactly what shielding politicians from prosecution causes.
The Roman Republic had this flaw. One of the perks of magistracy was immunity from prosecution. This not only encouraged corruption, it incentivised lawbreaking during office for politcal advantage and ultimately led to the downfall of the Republic when expiring politicians chose violence over losing immunity.
There is no such thing as the "rule of law." It is a political myth useful as an organizing principle for regime change or as a legitimizing myth for an established political class seeking stability, but that doesn't make Law sovereign. Political Will (in the form of those who control institutions) rules and makes the laws. The laws are "parchment barriers" if there is no political will with the force to impose laws.
It is 100% false that prosecuting current and former politicians strengthens law when we're talking above a certain low threshold of corruption. In those cases, it's up to the ruling class to police its own by using the legal code against low-level political figures and officials. The Chinese Communist Party operates this way more overtly but same principle. The incentive to do so is to strengthen the legitimacy of that ruling class, not because the law says you must.
According to the Law, you and I are committing "Three Felonies a Day". If the law were en vigueur then you and I and everyone else would be prosecutable 1984-style. It's at the whim of The Prosecutor to decide whether or not to pursue. Sound good to you? Me neither. The only thing stopping that is politics. When the political will is on the side of prosecution, then there will be prosecutions. We saw this with some heavy-handedness during the early days of the GWOT, 2020, Covid, hate speech legislation, many such cases.
The point being, interpretation of laws is a point of political conflict, often very sharp-elbowed. Even in the cases where laws are unambiguously stated (rare), there's still interpretation of the evidence, which doesn't happen in a political vacuum. Who would disagree?
You don't have to look far in history to see the abuse of the legal system in politics. Watergate is a prime example. Uninformed people think Nixon committed crimes and had to go. Anyone who spends just a little time looking at the details of that episode understands it as a political coup executed using lawfare. Whatever you think of Nixon's politics, the facts support that he was taken down by the anti-communist hawks in the defense establishment, largely in consequence of his opening up China. (The reasons were anti-USSR but given that China subsequently went from an agrarian backwater to a global competitor, one could debate whether they were right for the wrong reasons.)
Impeachment as a check/balance was just recently burned in Congress as a political tool to remove a sitting president. Extremely shortsighted. Or perhaps it just exposed it as a paper tiger. I thought it was burned when it was used against Clinton but it was only singed. Now it's completely discredited and no one will take it seriously ever again. That's the effect of abusing the law for political purposes.
What happened to the Roman Republic was overdetermined, but the Senate's threatened political prosecution of Caesar is historically understood to have
been a motivating factor in his "crossing the Rubicon". If they hadn't threatened him with lawfare, would the Republic have survived a little longer? Perhaps.
> no such thing as the "rule of law." It is a political myth useful as an organizing principle
Everything we’re discussing is made up. That’s what social constructs like law, politics and language are.
> up to the ruling class to police its own by using the legal code against low-level political figures and officials. The Chinese Communist Party operates this way
You’re inspired by Legalism. It rejects the rule of law. It stands in conflict to the institutions of a republic, specifically, of voting.
(Also, the Chinese would execute someone for doing what Sarkozy or Trump did. Eliciting foreign interference in a domestic political contest and challenging the outcome of one with open violence. Former Presidents have been treated roughly for worse.)
> the Senate's threatened political prosecution of Caesar is historically understood to have been a motivating factor in his "crossing the Rubicon"
The Senate didn’t threaten Caesar with prosecution until after he crossed. Cato, personally, was threatening him.
> a political coup executed using lawfare
Impeachment and conviction is lawfare according to you?
> Now it's completely discredited and no one will take it seriously ever again. That's the effect of abusing the law for political purposes
It’s been “discredited” before. The teeth are in removal from office, not impeachment per se. (That’s just American civic ineptitude.)
To the extent that we’re abusing the law, you’re correct. I’ve seen serious brainstorming on how a D President can use Trump’s precedents to act swiftly ahead of Congress and the courts, for example, to accomplish policy goals that are popular but have been difficult to do precisely legally. If the President is above the law, he doesn’t need to worry about that constraint anymore.
> If they hadn't threatened him with lawfare, would the Republic have survived a little longer? Perhaps.
It did. Caesar didn’t end the Republic. That was his son, Octavius.
The point is when the Republic’s laws stopped applying to Caesar, it was effectively dead. There is no point calling for votes in that context.
We have a large number of authoritarian fascists in America. (There are also authoritarian leftists. They have not been politically empowered like the right has been.) The historic solutions to those were through law and then violence. If the law doesn’t apply, that leaves only violence. That’s civil war.
We’re not there yet. But we do need to make a concerted effort to ensure these folks are politically incapacitated while a basic civic education campaign can be completed, since basic concepts like “rule of law” isn’t taught outside the elites.
You’re citing history, ancient and modern, inaccurately to push an edgy narrative. I don’t know if you’re trolling or have been unwittingly trolled.
I'm not trolling, just disagreeing. I personally wouldn't argue that everything we're discussing is "made up." I'm arguing that "rule of law" is a particular legitimizing myth or political narrative used as a frame to block certain kinds of actions as being "out of bounds" but is not, in fact, sovereign, because a) "rule of law" has no autonomy or executive action without political will, and b) it is used primarily by constitutionalists or other so-called enlightenment rationalists as a kind of rear-naked choke or groin-strike to end debate. Unpacking the meaning of "law" quickly gives the lie to the whole charade. We are not "ruled" by law. That truly would be legalism (not something I'm inspired by, tbf). We're ruled by people who control the law and use it to achieve political ends. On a pedestrian scale, some of us are subject to the law and some of us are not. Not just political actors but also favored groups. I hope that's not controversial for you.
I don't want to digress into Ancient Roman history but it's specious to argue that Caeser was only threatened after he broke the law. That's just not a plausible reading of history. It's well-established that crossing the Rubicon was the culmination of political conflict with the Senate, not the inception. Octavian would not have been in a position to end the republic if not for his uncle.
Impeachment is lawfare, of course. It is almost by definition a political act of parties in Congress. What could be more lawfare than that? Use the courts to attack your political enemies. Removal from office in a western democracy is "mostly peaceful" but I agree that removal from office is the solution with teeth. The parent post is about prosecuting former heads of state. That's 3rd world shit. At least in the 3rd world you would do that to remove a rival. Here it just seems to be vindictive. At best a shot across the bow of Sarkozy's patrons. If that's the motivation it's at least understandable. My objection is when people are propagandized to the point of being traumatized by political fights that have zero impact on their lives.
I don't believe terms like "fascists" have any meaning in the current political discourse and immediately suspect people who use that term casually. If half the country is fascist then we've really lost the plot. Nor do I think narratives about civil war are creditable at this time. The sectarian ingredients are not present in this country. Bringing it up is an appeal to extremes to discredit the vast middle ground.
What is the curriculum of that "basic civic education" campaign you propose should be completed? Sounds ominous.
> To apply the law to political figures can never be done in a clean or unambiguous way
Well yes. That's certainly the case when the system is deeply corrupt and only superficially democratic. They shouldn't be above the law nor their opponents should have the power to abuse it.
This is not correct. Very many laws live much longer than the term of a politician. They are as much upstream to politics as downstream to it. A correct way of talking about this is as co-equal branches of government. Also 'politics' lumps together the executive and the legislative branch.
The whole point of democracies is that the head of state, and other politicians, are just average people bound by the same laws as everyone else. They're public servants doing a job, that's it.
> there is no easy way to apply the rule of law to the head of state
Then you don't have either rule of law or, very soon, a democracy. What is obeying the outcome of an election but a legal matter? What's to stop the head of state from simply wiring the contents of the Treasury to his personal bank account? Deciding he doesn't like the official residence and having it demolished to build a palace?
Say someone is legally elected president of France. They serve their 5 years term, doing their job.
They get out of Elysée Palace, draw a gun and shoot a passer by. Do they get a free pass? Wouldn't that victim deserve justice?
That person, not a divine being, a mere mortal like the rest of us, has been convicted of serious offences. He is now serving his sentence as any other person would (well, not exactly, for instance he gets a clean solo room and 24/7 security detail).
If your point is "an elected head of state should not be prosecuted by a standard court of justice" (a point I still disagree with btw), the french judicial system got that covered with "cour de justice de la république".
For offenses committed while doing their jobs. Use your elected position as president to steal money? Cour de justice de la république it is. Not a walk in the park, judges & a "jury" of members of the Parliament. Aggravating circumstances (committing an offense while in an official capacity) means theoritically harsher sentences.
What he's been convicted for was as a private citizen. Standard judicial system. As should be, nothing naïve about this.
(Huge simplification of the french judicial system, the actual nature of his current legal status, etc as this case is utterly complex. Judge's ruling is over 400 pages long, and he's appealing, and he'll mostly spend a month in the lam and the rest under house arrest)
Regardless of efficiency, it is very difficult to find a newer refrigerator whose compressor doesn't emit a very irritating high pitched whine almost continuously.
Personal pet level is that it’s so hard to get information on the noise level of appliances.
We’ve recently moved, and our new house’s crawl space has a Santa Fe dehumidifier in it that seems SO LOUD at night. I don’t think it’s broken - it’s just a compressor and fan with no engineering put into keeping them quiet. If I could get one that was as efficient and well built, but I knew would be quiet, I’d replace it in a heartbeat - but manufacturers don’t advertise noise levels.
Surely I can’t be the only one who’d pay substantially more for an appliance that was guaranteed to be quiet?
I would try plugging a simple induction motor into the refrigerator circuit to see if it also makes a weird noise. It's possible you have a problem with the wiring itself (loose neutral, etc.).
I've never had issues with HF noise out of a refrigerator. It's always been the opposite kind of noise that has been a problem.
The newer compressors are smaller so they cost less, but are run faster to pump at the same rate. Many old hermetic compressors used a 4-pole 1500/1800RPM motor, then they became a 2-pole 3000/3600RPM, and the newest VFD/inverter motors can go even faster.
Warmed over esotericism. Ficino, Mirandola, some others, were picking up an esoteric tradition dating back thousands of years. The neoplatonism, kabbalah, magic... it's all of a kind. The common thread being that all is one, that man is God, that the body is a prison, that we are properly seeking a return to the godhead from which we came, and that this can be achieved through transcendental practices. It's the same gnostic heresies that the early church was contending with and has roots in Persian mystical religions that are very, very old. I would argue that it is the dominant religious vibe of many Christians today and is the belief system that we might call "spiritual" today. It's also the same basic idea of progressive liberation theology (both religious and secular varieties) including transhumanism.
Someone who enjoys this please enlighten me or show me a way into McCarthy's prose using examples of what's good. I tried several times to read his novels and I'm sorry, but it's just terrible. It's hard to put my finger on what is so unappealing. The closest I can come to what is bad about it is that it reads like farce without humor (if you take 'farce' to be a question of tempo, as in "tragedy sped up"). The opening to Blood Meridian (his masterpiece, I'm told) is just this endless stream of backstory that The Kid is supposed to have done or been but no exposition of anything. It sounds like the imagination of a 13yo boy playing with his GI Joes or super heroes. The fragmentary style and purply-pulpish register is very hard to take seriously. Where's the beef? Please post some passages that don't sound like common pulp fiction, unless that's what people are crowing about, in which case...I got nothin'.
“Do you think we’re going to die?”
“No.”
“We’re not?”
“No.”
“Why not?”
“Because we’re carrying the fire.”
“What fire?”
“The fire inside. Goodness. That’s what we’re carrying.”
Not trying to piss on the fire but that's almost exactly the kind of thing I'm unable to enjoy. I guess I wonder "Who speaks like that?" It's wooden and affected to my ear. It comes across as needlessly obtuse. I'm not saying it's exceptional for that style, but to me it reads like so many YA fantasy novels from my youth, or maybe a /r/ for aspiring writers. If I'm being asked to work so hard to elucidate the symbolism or metaphorical content, then shouldn't I expect a little back in the form of beautiful English. If this were a poem (where obscurity is expected) I would say it's a meh poem just on the basis of not being very interesting. I get this is a father/son dialogue and maybe the terseness appeals to some, but I would ask those readers if that's how they talk to their own sons.
In the spirit of fairness, I found some fan favorites from /r/cormacmccarthy and if these are representative of his most powerful prose I don't know what to say:
"It was a lone tree burning on the desert. A heraldic tree that the passing storm had left afire. The solitary pilgrim drawn up before it had traveled far to be here and he knelt in the hot sand and held his numbed hands out while all about in that circle attended companies of lesser auxiliaries routed forth into the inordinate day, small owls that crouched silently and stood from foot to foot and tarantulas and solpugas and vinegarroons and the vicious mygale spiders and beaded lizards with mouths black as a chowdog's, deadly to man, and the little desert basilisks that jet blood from their eyes and the small sandvipers like seemly gods, silent and the same, in Jeda, in Babylon. A constellation of ignited eyes that edged the ring of light all bound in a precarious truce before this torch whose brightness had set back the stars in their sockets."
A "heraldic tree...left afire"? That's, er, not good. It's actually bad. And "auxiliaries routed(?) forth into the inordinate(?) day"? This is like the guy in the Community Arts writing class who gets a lot of praise but could really use an editor.
And the 'ands' are just interminable. And this and that and the other thing and one more and something totally different but also this and that. Good lord, someone give this man a period, or even a semi-colon. Here's another exemplar of a sentence that runs on more than the horses in it.
"That night he dreamt of horses in a field on a high plain where the spring rains had brought up the grass and the wild flowers out of the ground and the flowers ran all blue and yellow far as the eye could see and in the dream he was among the horses running and in the dream he himself could run with the horses and they coursed the young mares and fillies over the plain where their rich bay and their rich chestnut colors shone in the sun and the young colts ran with their dams and trampled down the flowers in a haze of pollen that hung in the sun like powdered gold and they ran he and the horses out along the high mesas where the ground resounded under their running hooves and they flowed and changed and ran and their manes and tails blew off of them like spume and there was nothing else at all in that high world and they moved all of them in a resonance that was like a music among them and they were none of them afraid horse nor colt nor mare and they ran in that resonance which is the world itself and which cannot be spoken but only praised."
"that resonance which is the world itself" is just royal purple prose.
I apologize for disliking something others like, it doesn't seem fair, but I get the feeling that Cormac McCarthy is one of those "favorites" for people who don't have a lot to compare it to. Anytime someone tells me their favorite author is Cormac McCarthy, I'm always tempted to ask, "Who's your second favorite?"
I really liked the long run on sentence about the horses you pasted in. It's lyrical and preachy, maybe a little breathless. It drones and twirls like dervish
I found it broke down
In my head
Into verses
Alternating
Between a few
And several syllables each
And lo!
I heard it sung
By Bono
By Jim Morrison
By Johnny Cash and David Byrne
Each having
His own band
Accompaniment
Alike unto his kind.
I can't really represent it as I experienced it. But the prose really lent itself to some of the more epic pop music in my head.
It was a minute of cinema piped directly into my mind. Quite a treat. Thank you for dereferencing them!
Having said all that, it's still a cheap shot of dopamine that leans heavily on this reader to pick and layer his own poisons for effect.
I'd dare say another reader more skilled in poetry might be able to dice it into various meters and recite to different types of music.
Werner Herzog's voice, pronunciation, and pacing are fun to use to read these
Appreciate your sharing your experience. I can hear Jim Morrison's incantatory rhythms as you point out..."Indians scattered on dawn's highway bleeding. Ghosts crowd the young child's fragile eggshell mind."
But as you point out, you're bringing a lot to the equation. If all we had were Jim Morrison's lyrics they wouldn't be that interesting. He just wasn't that great of a poet compared to what's available in English poetry. Without the music it doesn't have much magic.
A more irrecoverable criticism is if something lends itself to parody. My sense is McCarthy's prose style is extremely parodyable. How could one distinguish between it and something an LLM generates? Not in the fragmentary incantatory cadence or questionable semantics. Not in the meaning, or the symbolic and metaphoric content? So where then?
Ah, yeah... It makes sense for why the publications push certain writers, but then where is the reader? Are we to assume the public fans are just hypnotized by critics? I wonder how many people take their cues (and taste) from book reviews in the New Yorker et al. More than I'd hope probably. Depressing. This was funny and useful though:
"This is a good example of what I call the andelope: a breathless string of simple declarative statements linked by the conjunction 'and'. Like the 'evocative' slide-show and the Consumerland shopping-list, the andelope encourages skim-reading while keeping up the appearance of 'literary' length and complexity. But like the slide-show (and unlike the shopping-list), the andelope often clashes with the subject matter, and the unpunctuated flow of words bears no relation to the methodical meal that is being described."
No one is obligated to like anything because someone else likes it. It doesn't work for you, it's a big whole world out there and this is just one of may subjective representations of it.
On the point about punctuation, you just infer where they should be. It takes some getting used to but once you're in the rhythm and cadence of the style (& era Cormac writes about) you kinda don't notice it and pause at the natural places.
Anyway I like his stuff. Not all of it but plenty of it. One of my more favourable lines from him (Blood Meridian I think): "All progressions from a higher to a lower order are marked by ruins and mystery and a residue of nameless rage"
Honestly, it's less about the lack of punctuation and more about the apparent lack of cohesion or even relation among the list elements. It sounds like these are just what items occurred to the writer's mind in a sort of ecstatic frenzy (that register he favors). What I'm hoping is that I'm just blind to the intricate relatedness of the images, symbols, word choices, etc... They read like just whatever he thought of at that moment of his febrile brain running along and not to have more intentionality than that. If the listicles were in a poem (even a lengthy one, like Whitman) I might be inclined to do the work of teasing out the relationships. But the enumerations are frequent and endless. That's a lot to ask if there aren't visible markers of genius. Surely there a hermeneuticists among the fandom that can shine a light on the necessity of this prose style as structural supports for the work overall. Otherwise it's just pulp and doesn't mean anything except a vibe. Which, ok, whatever, but that's not much of a selling point. Are we to say that Bach and Taylor Swift are equally artistic just because they can both appeal to different tastes? That sounds like the argument here.
Are we to say that Bach and Taylor Swift are equally artistic just because they can both appeal to different tastes? That sounds like the argument here.
McCarthy has his champions among ordinary readers but he also won many "serious" awards. Which authority could satisfactorily bless his work if not the reading public and not professional critics/professors/writers?
I like McCarthy, but I also understand not liking authors that other readers love. Hillary Mantel's Wolf Hall garnered widespread acclaim, and I generally like historical fiction, but I had to give up on it after a few chapters. Sometimes an author doesn't fit with one's tastes. Trying to persuade a reader to feel differently is like trying to persuade someone who loves/hates fish how they should feel about grilled salmon.
There is almost no good reason to keep up with current events in a "news feed" style. I'd maybe like a feed that has a 1 month window summarizing any news cycle that survived 3 days. If it came and went in one cycle, then just don't bother about it. Most of the news is just propaganda anyway. I suppose it's wise to have a sense of the "current thing" so you don't put your foot in it with colleagues who are inhabiting a tighter timeline than you are, but other than that there doesn't seem to be many use cases for keeping tabs in a news feed. Maybe if you're in the business of disrupting/reinforcing people's OODA loops you might need to know some of this stuff, but otherwise it's just a self-own to keep up with the news.