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The Presumption of Innocence is Worth Protecting No Matter What the Cost

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Jemma Beale was sentenced to ten years imprisonment after it was found she had made repeated false rape allegations. 

In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.

Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.

Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.

The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.

This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.

Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.

It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.

That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.

The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.

WE’RE NOT SUPPOSED TO TRUST POLITICIANS

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The rise to power of Nationals leader and Deputy Prime Minister, Barnaby Joyce has come to a dramatic halt as news of his marital infidelity dominates the headlines.

The political fallout has been immense, but predictable. On Thursday, the Senate passed a motion that called for Joyce for to relinquish his post as Deputy Prime Minister. Greens leader, Richard Di Natale called on Joyce to resign and even demanded that the Nationals fire him if he refuses.

The Prime Minister, who commented that Joyce had made a “shocking error of judgement”, responded to the scandal by changing the ministerial code of conduct to prevent Federal Ministers from having sexual relations with members of their staff.

Joyce’s shocking lack of moral fibre has jeopardised any real political power conservatives in Australia have, and has threatened the delicate balance of power between the right-wing and left-wing factions of the coalition Government.

Following the usurpation of the conservative Prime Minister, Tony Abbott by Malcolm Turnbull – a prominent voice of the left-wing faction of the Liberal Party – many on the right hoped that a Joyce-led Nationals would be able to counteract the centre-left leaning Liberal Party with their brand of traditionalism.

Naturally, Barnaby Joyce’s marital infidelity and dishonesty puts the trustworthiness of politicians in question.

A large part of the fury over Joyce’s affair is not the sexual infidelity, but the fact that he dipped into the public purse to finance the charade. As the political scientist and commentator, Jennifer Oriel stated in her article, “Barnaby Joyce’s Greatest Sin is Being Conservative”, the combination of corruption and marital infidelity violates the most basic codes of common decency.

Barnaby Joyce’s behaviour is precisely the reason Australians are cynical about politicians.

The idea that people ought to be cynical about politicians is hardly news to anyone with any real knowledge of history, politics, or human nature.

The reason countries like Australia place so many checks and balances – separation of powers, the Constitution, an independent judiciary – on those in power is that power tends to have a corrupting effect on the human soul.

As Lord Acton famously put it: “Power tends to corrupt, and absolute power corrupts absolutely.”

The greatest measure against tyranny is the establishment of a political and legal system that places restrictions on power. We should be thankful that Barnaby Joyce’s biggest transgression was marital infidelity, and not much worse besides.

 

The Noble Savage Myth

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The term “noble savage”, referring to the so-called “natural man” who has not been corrupted by civilization, first appeared in The Conquest of Granada by the English playwright, John Dryden (1631 – 1700). Since then it has been a popular theme in books, television, and movies with stories like Dances with Wolves, Pocahontas, and Avatar espousing noble-savage philosophies.

The Genevan philosopher, Jean-Jacques Rousseau (1712 – 1778) believed there to be a distinction between human nature and society. Taking his inspiration from John Locke’s (1632 – 1704) philosophy of innate goodness, Rousseau believed human beings were inherently peaceful and that concepts like sin and wickedness and bore no consequence to the natural man. Rather it was society that had perverted mankind’s natural sense of ‘amour de soi’ (a form of positive self-love which Rousseau saw as a combination of reason and the natural instinct for self-preservation) had been corrupted by societal forces. Rosseau wrote in the 18th century:

“Nothing can be more gentle than he in his primitive state, when placed by nature at an equal distance from the stupidity of brutes and the pernicious good sense of civilized man.”

While Rousseau was not the first philosopher to posit that society may have a corrupting influence (the French philosopher, Montaigne (1533 – 1592) described the lives of Native Americans as being so idyllic that he claimed they did not have words for lying, cheating, avarice, or envy, and that they did not need to work), it has been his influence that has been the most damaging. The first attempt to politicise Rousseauan philosophy, the French Revolution, ended not with paradise on earth, but with the mass executions that characterised the reign of terror.  The social movements that have followed Rousseauan ideals have worked on the notion that it is society, not the individual, that is to blame for social problems. No aspect of human nature is responsible for evil, that is the result of a bad home, a bad neighbourhood, prejudice, poverty, and so forth. Human emotions are ultimately benevolent; evil and brutality are the results of social stressors on the individual. It is this philosophy that has been the driving force behind virtually all social programs.

The English philosopher, Thomas Hobbes (1588 – 1679), saw life in a state of nature as one of perpetual civil war. According to Hobbes, life in a state of nature was “nasty, brutish, and short” (this, rather amusingly, has been used to describe the careers of some football managers). Since concepts like morality and justice have no place in a state of nature, the natural man has no concept of them. In Leviathan, written in 1651, Hobbes asked the reader to imagine what their lives would be like if they lived outside the protection of the state. Without law and order there are no checks and balances on an individual’s behaviour. Human beings, therefore, must be kept in check by an authority that has the ability to punish wickedness. Kings and governments have a responsibility to teach their citizens to be just, to not deprive others of their property, including their lives, through theft, fraud, murder, rape, and so forth. Hobbes believed the only way people could protect themselves from the trials and tribulations of life would be to transfer authority to a Government and a King.

The “noble savage” idea is a myth, pure and simple. It is merely a means for shifting responsibility away from the individual towards society. It is time for people to put this ridiculous belief in the one place it belongs: the waste-paper bin.

CASABLANCA

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For our weekly cultural article, we will be looking at the film Casablanca. Released in 1942, Casablanca delves deeply into themes of morality and human sacrifice, tentatively exploring both the good and bad aspects of humanity.

BACKGROUND

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The American Film Institute ranks Casablanca as the second greatest film of all time (ranked behind Citizen Kane).

The fact that Casablanca is still so revered, even after seventy-five years,  is nothing short of a miracle. The film was made on a tight budget in the style common to the studio system of the time, having been made on set with a studio director, studio writers, and studio actors.

Its script has been voted by the Writers Guild of America as the greatest ever written. That, too, is a miracle. The script was based on a play that was never performed: “Everybody Comes to Rick’s”, by Murray Burnett (1910 – 1997) and Joan Alison (1901 – 1992).  The task of adapting the play to film was given to three separate screenwriters, who completed their task in three different locations.  Julius G. and Philip G. Epstein (1909 – 2000; 1909 – 1952) would finish theirs just a few days before filming began. Howard Koch (1901 – 1995), on the other hand, wouldn’t hand his in until filming was well underway.

And even then, scraps of dialogue and scene rewrites were being rushed to the set, the ink still wet on the page.

THE FILM

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Perhaps one reason for its long lasting success is its refusal to be categorisedCasablanca is one part war film – being presented against the backdrop of the Second World War, one part love story – Rick Blaine (Humphrey Bogart), Ilsa Lund (Ingrid Bergman), and Victor Laszlo (Paul Henreid) are embroiled in a bitter love triangle, one part political thriller, and one part allegory – presenting both the best and worst aspects of human nature.

Another reason is the stellar cast it boasts: Humphrey Bogart (1899 – 1957) – considered the greatest film star of all time by the American Film Institute, Ingrid Bergman (1915 – 1982) – one of film’s most naturally beautiful women,  Claude Rains (1889 – 1967), Sydney Greenstreet (1879 – 1954), Paul Henreid (1908 – 1992), and Peter Lorre (1904  – 1964).

SUMMARY

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Naturally, no one thought Casablanca would be a hit, people weren’t even sure if the allies would win World War Two.  However,  as Alrean Harmetz wrote in Round Up the Usual Suspects: the Making of CasablancaCasablanca seemed almost destined to be a film classic:

“There are better movies than Casablanca, but no other movie better demonstrates America’s mythological vision of itself – tough on the outside and moral within, capable of sacrifice and romance without sacrificing the individualism that conquered a continent, sticking its neck out for everybody when circumstances demand heroism. No other movie has so reflected both the moment when it was made – the early  days of World War II – and the psychological needs of audiences decades later.”

I believe Casablanca‘s long lasting success boils down to its depiction of the goodness of human beings in the wake of great evil. Early in World War Two, Casablanca was Vichy France, and therefore Nazi German, territory. In the film, Casablanca is depicted as a world of corruption, a crossroads where Nazis, members of various resistance forces, criminals, spies, and traitors come together. It is a fascist society where the oppressors imprison millions, where human life is a commodity to be traded for benefits. No one cares about anyone, save for themselves.

The imprisoned respond to their imprisonment in different ways: some fight against it, others try to escape it, and others try to profit from it. In one scene, a man is shot dead trying to escape. He falls under a poster of Marshall Philippe Petain (1856 – 1951), the Chief of Vichy France. We learn he was clutching a Free France handbill.

Desperate attempts to escape to freedom are understandable. But the film also presents us with an array of lowlifes and criminals, and, remarkably, even asks us to express pity for them. Signor Ferrari (Sydney Greenstreet) is a shrewd and callous gangster who, it is suggested, profits from the sale of human beings.

The total disregard for human life is depicted in a scene where Ferrari offers to buy Rick’s friend and piano player, Sam, portrayed by Dooley Wilson (1886 – 1953). Rick refuses, saying “I don’t buy or sell human beings.” “Too bad”, Ferrari replies, “that’s Casablanca’s leading commodity.”

Then there’s Signore Ugarte (Peter Lorre), the North African black market dealer who represents disorganised criminal who profits from the misery of others. Rick ignores his pleas for help as he is arrested for murdering two German couriers in order to steal non-rescindable, French General Marshal Weygand signed, letters of transit.

Ultimately, Casablanca is a film of redemption and human sacrifice. It asks its audience to not only imagine winning the loves of their lives but asks them to imagine giving them up for the greater good.

Rick starts out as a cynical and resentful anti-hero. “I stick my neck out for no one”, he tells us at one point. By the end of the film, he has been transformed into a selfless hero. “It doesn’t take much to see that the problems of three little people don’t amount to a hill of beans in this crazy world”, he tells Ilsa.

In the end, Casablanca shows the power of sacrifice and brotherly love over tyranny and evil. Even when everything is lost, hope can be found among those few human beings who are willing to put their personal needs aside and sacrifice themselves for others.

THE PROBLEM WITH PACIFISM

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Otto Von Bismarck, the great Prussian Statesman, once observed that it is better to profit from the misfortunes of others than to learn from one’s own mistakes. With the current threat from North Korea, it would perhaps be wise to learn from the annals of history, and not repeat the mistake of following a pacifist agenda.

We like to see nature as a wise and fair judge which rewards the good, protects the weak and punishes the wicked. In reality, it is a callous and unpredictable maiden.  It should come as no surprise, then, that history shows the human-race to be inherently blood thirsty, violent, and cruel.  This violence is derived not only from competition over resources and mates but also from our social natures. This is an aspect of our character we share with our primate cousins. A team of researchers at Yale University, headed by psychologist Laurie Santos, revealed that primates treat outsiders with greater suspicion and disdain than members of their own group. This trait can also be observed in modern humans, as Santos observed: “one of the more troubling aspects of human nature is that we evaluate people differently depending on whether they’re a member of our ‘ingroup’ or ‘outgroup.’ He went on to explain how this leads to violence: “pretty much every conflict in human history has involved people making distinctions on the basis of who is a member of their own race, religion, social class, and so on.”

In 1942, C.S. Lewis published the essay “why I am not a pacifist.” For Lewis, the question of pacifism was a moral one. Take murder, for example, no one can intuitively argue murder to be wrong under all circumstances, but it is possible to make such a claim using rational arguments. Pacifism, then, is the irrational belief that violence can only be used for evil, and never for good. If this is the case, defeating a tyrannical power like Imperial Japan or Nazi Germany is evil because it necessitates the use of violence, stopping a man raping a woman is evil if doing so requires the use of physical force, and executing a serial killer is immoral because it violates his right to life. Any individual who takes such a position is not a moralist, but a coward and a fool. This type of peace is that of “Ulysses and his comrades, imprisoned in the cave of the Cyclops and waiting their turn to be devoured” (Jean Jacques Rousseau, a Lasting Peace Through the Federation of Europe and the State of War).

When Patrick Henry, an American attorney and politician, gave his famous “give me liberty or give me death” speech, he asked: “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?” Pacifism presents nature as passive and just when, in reality, it is unkind, capricious, brutal, unforgiving, ruthless, bloodthirsty, and cruel. With the threat of North Korea looming over our heads, it may serve us to remember that those who do not conform to the laws of reality are always destroyed by them.