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ISRAEL FALOU’S BATTLE WITH RUGBY AUSTRALIA IS A TEST FOR ALL AUSTRALIANS

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Where does society end and the rights of the individual begin? That is the true question that lies at the bottom of the Israel Folau controversy. The courts have been given the unenvious task of determining whether an organisation has the right to punish those members who don’t share its views, or if the rights of the individual should be upheld.

Former rugby player, Israel Folau and his lawyers are seeking up to AuS$15 million (including Aus$5m for the irreparable damage done to Folau’s reputation) from Rugby Australia. Folau had had his contract with Rugby Australia terminated after he was found guilty of a high-level breach (the only kind that can result in termination) of their code of conduct. This high-level breach came from Folau’s decision to post a picture on Instagram stating that hell awaited “drunks, homosexuals, liars, fornicators, thieves, atheists, and idolaters.”

Having failed to reach a settlement with Rugby Australia at a Fair Work hearing, Folau and his lawyers have moved their case on to the Federal Court. Folau himself has merely expressed his desire for Rugby Australia to admit they terminated his contract because of his religious beliefs. In a video, Folau stated: “Hopefully, Rugby Australia will accept that my termination was unlawful and we can reach an agreement about how they can fix that mistake. First and foremost, I am hoping for an apology from Rugby Australia and an acknowledgement that even if they disagree with my views, I should be free to peacefully express my religious beliefs without fear of retribution or punishment.”

According to Rugby Australia’s, Folau’s contract was terminated on the basis that he had violated their requirement to “treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability.”

Of course, what really lies at the centre of the Folau case is not homophobia, but freedom of speech and freedom of religion. It is really a question of whether Israel Folau should be allowed to express his religious views without suffering economic or judicial penalty.

Both the US Supreme Court and the Australian Law Reform Commission have placed a special emphasis on freedom of speech. The US Supreme Court has noted that all other rights and freedoms are put in peril when freedom of speech is not protected. Similarly, the Australian Law Reform Commission has stated: “freedom of speech is a fundamental common law right. It has been described as the ‘freedom part excellence: for without it, no other freedom can survive.’

Likewise, the Australian Magna Carta Institute stated:

“Freedom of speech is an essential aspect of the rule of law and ensures there is accountability in government. People must be free to express their opinion about the content of laws, as well as the decisions of government or accountability is greatly reduced. Freedom of expression is a boarder term which incorporates free speech, the right to assemble, and other important ways of expressing ideas and opinions. The balance the law of Australia strikes between protecting and restricting freedom expression generally is very important to understand the health of the rule of law in Australia.”

It is remarkable to note, however, that freedom of speech is protected by neither the Constitution of Australia nor by Federal Legislation. In fact, there is a wide array of laws and regulations that place legal restrictions on expression. One cannot publish military secrets, incite criminal activity, or defame or libel another person.

Rather, freedom of speech is considered a common-law right adopted from the Westminster system. It is a feature of our political and legal traditions. The Australian High Court has stated that there is an implied right to freedom of expression embedded in the Australian Constitution (they did not say anything, however, about non-political expression). Likewise, Australia is also a signatory of the International Covenant on Civil and Political Rights which lists freedom of expression as a fundamental right.

Freedom of religion is a natural extension of freedom of speech, expression, and association. It is derived from the simple fact that the government has no right to dictate what my beliefs should be. The government has no right to force me, a Christian, to accept gay marriage, abortion, or anything else I find incompatible with my beliefs.

Unlike freedom of speech, freedom of religion is a right guaranteed by the Australian Constitution. Section 116 of the Australian Constitution reads:

Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required for any office or public trust under the Commonwealth.”

Similarly, freedom of religion is protected by Australian case law. In the case of Church of the New Faith v. Commissioner for Payroll Tax (Vic), the Judges Mason ACJ and Brennan J. commented: “freedom of religion, the paradigm freedom of conscience, is the essence of a free society.” Similarly, in the case of Evans v. New South Wales, the Federal Court decreed that religious freedom as an “important freedom generally accepted in society.”

The road to hell is paved with good intentions. A decision that favours Rugby Australia will give large organisations the legal mandate to bully and intimidate those that don’t agree with their views. If Australia’s Federal Court truly believes in freedom, it will uphold Israel Folau’s right to freedom of speech and religion, and rule against Rugby Australia.

Whatever Happened to Personal Responsibility

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There is an old adage which states that you do not know how big a tree is until you try and cut it down. Today, as cultural forces slowly destroy it, we are beginning to understand that the same thing can be said about personal responsibility.

Society no longer believes that people ought to bear their suffering with dignity and grace. Rather, it now believes that the problems of the individual ought to be made the problems of the community. Individual problems are no longer the consequence of individual decisions, but come as the result of race, gender, class, and so forth.

The result of this move towards collective responsibility has been the invention of victim culture. According to this culture, non-whites are the victims of racism and white privilege, women are the victims of the patriarchy, homosexuals are the victims of a heteronormative society.

The 20th century is a perfect example of what happens when responsibility is taken from the hands of the individual and placed in the hands of the mob. The twin evils of communism and Nazism – which blamed the problems of the individual on economic and racial factors, respectively – led to the deaths of tens of millions of people.

Furthermore, such ideologies led otherwise decent individuals to commit acts of unspeakable violence. Whilst observing the trial of Adolf Eichmann, a former SS soldier who had been one of the architects of the Holocaust, the writer, Hannah Arendt was struck by the “banality of evil” that had characterised German war atrocities. Arendt noted that the men who conspired to commit genocide were not raving lunatics foaming at the mouth, but rather dull individuals inspired to commit evil due to a sense of duty to a toxic and corrupt ideology.

The Bolsheviks taught the Russian people that their misfortune had been caused by the wealthy. And that the wealth was gained through theft and exploitation. Likewise, the Nazis convinced the German people that their problems could be blamed on the Jews. It is not difficult to see how this philosophy led, step by step, to the gulags and the concentration camps.

The same thing is happening today. The only difference is that those who play it have become more sophisticated. Today people are encouraged to identify with identity groups ranked by so-called social privilege. Then they are taught to despise those with more social privilege than them.

Under this philosophy, crime is not caused by the actions of the individual, but by social forces like poverty, racism, and upbringing. Advocates claim that women should not be forced to take responsibility for their sexual behaviour by allowing them to essentially murder their unborn children. Sexually transmitted diseases like HIV is caused by homophobia rather than immoral and socially irresponsible behaviour. And alcoholism and drug addiction are treated as a disease rather than a behaviour the addict is supposed to take responsibility for. The list is endless.

Personal responsibility helps us take control of our lives. It means that the individual can take a certain amount of control over his own life even when the obstacles he is facing seem insurmountable.

No one, least of all me, is going to argue that individuals don’t face hardships that are not their fault. What I am going to argue, however, is that other people will respect you more if you take responsibility for your problems, especially if those problems are not your fault. Charity for aids sufferers, the impoverished, or reformed criminals is all perfectly acceptable. But we only make their plight worse by taking their personal responsibility from them.

Responsibility justifies a person’s life and helps them find meaning in their suffering. Central to the Christian faith is the idea that individuals are duty bound to bear their suffering with dignity and grace and to struggle towards being a good person. To force a man to take responsibility for himself is to treat him as one of God’s creations.

You cannot be free if other people have to take responsibility for your decisions. When you take responsibility from the hands of the individual you tarnish his soul and steal his freedom.

Freedom from responsibility is slavery, not freedom. Freedom is the ability to make decisions according to the dictates of own’s own conscience and live with the consequences of that decision. Freedom means having the choice to engage in the kind immoral behaviour that leads to an unwanted pregnancy or AIDS. What it does not do is absolve you from responsibility for those actions. Slavery disguised as kindness and compassion is still slavery.

IDENTITY POLITICS IS A DANGEROUS GAME

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Ever noticed that the establishment’s reaction to malevolence and suffering has more to do with the victim’s group identity than any other factor?

During Easter, Islamic state detonated bombs in Sri Lanka that were clearly intended to target Christians. The bomb blasted destroyed Churches and luxury hotels and left three-hundred dead.

The violence was clearly a targeted attack against Christians on the Holiest feast of the Christian calendar. However, where they were only too eager to talk about the Muslim identities of those targeted in the Christchurch shootings, those in the establishment were conspicuously silent about the Christian faith of those being attacked in Sri Lanka. Neither the former US President, Barack Obama, nor the Democrat candidate for the 2016 election, Hilary Clinton bothered to use the word “Christian” in their response to the attacks.

Barack Obama tweeted:

“The attacks on tourists and Easter worshippers in Sri Lanka are an attack on humanity. One a day devoted to love, redemption, and renewal, we pray for the victims and stand with the people of Sri Lanka.”

Likewise, Hilary Clinton tweeted:

“On this holy weekend for many faiths, we stand united against hatred and violence. I’m praying for everyone affected by today’s horrific attack on Easter worshippers and travellers to Sri Lanka.”

Following the New Zealand Mosque shooting, both Obama and Clinton were quick to assert their compassion, support, and solidarity with the “global Muslim community.” However, after the Sri Lankan bombings, they became rather reluctant to signal their support for Sri Lankan Christians or even to identify the victims as such.

Barack Obama referred to the attack as one perpetrated against “humanity” rather than one against Christians. Likewise, Hilary Clinton urged people to stand “united against hatred and violence”, but failed to specify who, in this case, was perpetrating the violence or the people they were perpetrating it against. More disturbing, perhaps, is the use of the term “Easter worshippers” as a euphemism for Christians. Easter isn’t holy for “many faiths”, it is Holy for Christians.

Contrast the responses to the Sri Lankan bombings to those of the Mosque massacres in Christchurch, New Zealand. After that attack, the Muslim identity of the victims were clearly and repeatedly stated. Marches in the street professed love over hatred and peace over violence. Political leaders like New Zealand’s Prime Minister, Jacinda Ardern, made symbolic, and rather shallow, gestures of solidarity and acceptance towards the Muslim community. And the public were forced to listen, ad nauseum, to left-wing pundits prattle on about the supposed Islamophobia of Western society.

As I pointed out before, the way the establishment responds to hatred and violence depends largely upon who is perpetrating it and who its target is. It is because of identity politics that our cultural standard-bearers ignore attacks on Christians but go out of their way to illustrate attacks on Muslims.

Identity politics blinds us to reality. It allows us to feel hatred and resentment towards others by reducing them to their group identity. As a consequence, the violence, prejudice, and discrimination Christians and Jews have faced in many parts of the world has largely gone unnoticed.

Identity politics blinds us to the fact that the Christian population in Africa and the Middle East has declined from twenty-percent to four-percent in just over a century (with much of the reduction occurring after 2000). It blinds us to the fact that Christians in the Middle East and Africa are the most persecuted minority in the world.

More alarmingly, Middle Eastern and African Christians are not even to be granted help from Western countries. Instead, they are to be sacrificed on the altar of racial and religious diversity. When the Pakistani Christian, Asia Bibi sought asylum in Great Britain, her request was refused because her presence risked “inflaming community tensions.” (Asia Bibi, of course, was imprisoned for several years after she was accused of blasphemy against Islam).

It would seem that no criticism may be levelled against Muslims or any other non-white, non-Christian group. And it would equally seem that it is perfectly acceptable to criticise Christians and white people for their group identities.

It all boils down to Islamophobia: just one out of a whole batch of ultimately meaningless accusations designed to silence critics and stifle debate. The English Labour Party and the Liberal Democrats refer to it is as a “type of racism that targets expressions of Muslimness and perceived Muslimness.” Gallup referred to it is as a “specific phobia” gripping Western society. Amnesty International refers to Islamophobes as “racists and bigots [who] believe that diverse societies don’t work.”

Most of Australia’s media – save perhaps for a few conservative newspapers and some talkback radio – is left-leaning. News and current affairs shows have left-wing biases, panel discussions are strongly tilted to favour left-wing views, and the ABC, Australia’s national broadcaster, is so resolutely left-wing it almost beggars’ belief.

Such a configuration naturally creates biases. It is a commonly accepted fact of psychology that when a person associates only with those who agree with them the result is groupthink and confirmation bias. Australian media has become an echo chamber for left-wing beliefs.

As the author and podcast host, Andrew Klavan pointed out: it is a rule of mainstream media to treat events that confirm left-wing biases as representative but to regard events that contradict them as isolated. Therefore, the attacks in Christchurch are indicative of the racism and Islamophobia that has supposedly infected western society. However, a terrorist attack committed by a Muslim is treated as an isolated incident which does not reflect a trend in which countless terrorist attacks and attacks on Jews and Christians – both in the West and outside of it – have been committed by Muslims every year.

The dichotomy between the reactions towards the attacks on Muslim’s in Christchurch and those against Sri Lanka is telling. Identity politics is a curse upon our society. It divides us by manipulating us into seeing everyone we see as members of their social, economics, or racial group rather than as individuals. Such a game can only lead to disaster.

SORRY PRO-CHOICERS, ABORTION IS OBVIOUSLY WRONG

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In March of 2015, a Coloradan woman, Michelle Wilkins, was lured to a meet-up arranged on Craigslist and brutally attacked.  During the attack, Wilkins, who was seven months pregnant, had her unborn child cut from her body. Wilkins survived the attack but, sadly, her child did not. And, as if to add insult to injury, Wilkin’s unborn child was not recognised as human under Coloradan law.

Legal abortion – which I will define as the state approved murder of an innocent life – is a barbarity no civilised society should tolerate. As the Canadian clinical psychologist and YouTube sensation, Jordan Peterson (1962 – ) commented, “abortion is clearly wrong. You wouldn’t recommend someone you love have one.”

However, this is not to say that abortion isn’t a deeply complex and emotive issue. On the one hand, it is a procedure often used by desperate or easily persuaded women who feel that aborting their unborn child is the only option open to them (which it very rarely is). On the other hand, it is a form of murder cynically exploited by feminist extremists for political purposes.

Pro-choice proponents have several arguments in favour of total and free access to abortion.

The first argument, and the one that carries the greatest degree of credibility, concerns the health of the mother and her ability to safely carry a child to term. The Washington Post, for example, reported a story about an Indian girl who had been repeatedly raped and eventually impregnated by her uncle. An abortion was performed when it was decided she was too young to carry her child to term.

In all honesty, this is a sentiment which I have a great deal of sympathy for. It is very difficult for a woman to be a mother if she is dead, and it would be as wrong to sacrifice the life of the mother for the child as it would be to sacrifice the life of the child for the sake of the mother.

But the argument that abortion is necessary when the health of the mother is in jeopardy does not necessarily translate into the full, absolute, and unquestionable right to abortion. It is merely an argument for the preservation of the life of the mother.

The second argument concerns the health of vitality of the child itself. Often, however, this kind of argument is often used as a disguise for a desire to engage in eugenics. Claiming that a child with down syndrome should be aborted, for example, is the same as saying that people afflicted with certain maladies should not be afforded the same right to life as everybody else.

The third argument concerns instances where pregnancy has been instigated through an act of rape or incest. Whether or not rape should be sufficient grounds for an abortion is a tricky one to grapple with. On the one hand, the mother did not choose to be placed in the situation she has found herself in. And, by extension, birthing, and most probably raising, a child borne of rape may prove to be an insurmountable emotional turmoil for the mother. On the other hand, however, the child did not choose to be conceived through rape, and it is immoral to punish an innocent person for the crimes of another.

In reality, however, the rape justification for abortion is merely a red herring. It is a backdoor method for justifying the total, absolute, and unquestionable access to abortion.

The fourth argument concerns the idea that a woman has the right to abort her unborn child because she has the absolute right to bodily autonomy. In Texas last year, Judge Earl Leroy Yeakel III (1945 – ) overturned Senate Bill Eight which prevented doctors from performing evacuation and dilation abortions by mandating that a child’s heart must stop beating before the procedure can be performed. Yeakel claimed that the decision to abort a child outside the womb is “solely and exclusively the woman’s decision.”

This is the easiest argument to refute. An abortion does not only affect a woman’s body, it also destroys the life of a separate, innocent human being. Furthermore, the right to choose when to have a family is one shared by all people up to a point. A man has the right to wear a condom, he can have a vasectomy, and so forth. Likewise, a woman has every right to use contraceptive birth control, a diaphragm, a female condom, a cervical cap, an intrauterine device, and more. Couples can even refrain from having sex. But the right to family planning ends the moment a child has been conceived.

The fifth argument, and the one that is the most egregious, is the argument that an unborn child does not count as a human life. Much of this is the result of language. We use Latin words like “foetus” and “embryo” to fool ourselves into believing an unborn child is not a human being.

Therein lies the rub. People have always justified evil and immorality by altering the parameters of their morals to suit themselves. People have always justified murder by claiming that the person they are killing is not human. They may argue, for example, that murder is wrong, but that they are justified in aborting their unborn child because they do not see that child as human.

And the biological and physiological question of whether the unborn child is a human being is, without any shadow of a doubt, yes.

This is the case right down to the genetic level. Virtually every cell in our bodies contains thirty thousand or more different genes that are spread out on long strands of DNA known as chromosomes. Now DNA is very special. It is the chemical building block that makes us who we are. It determines whether or not we will go bald, what our eye and hair colour will be, how tall we will be, and much more besides.

If there is anything that DNA is good at it’s replicating itself. This can occur in two ways. At the most basic level, DNA replicates itself through cloning. At the most complex, one set of DNA merges with another set of DNA through sexual intercourse. And in doing so it creates an entirely unique individual.

But how can it do this safely? The answer lies in a process known as meiosis. When the human body makes sex gametes – sperm and ovum – it does so by making a copy of a previous cell. When it does this it keeps itself attached at one point and then condenses to make an ‘X’ shape. The four chromosomes then embrace and transfer some of their genetic material to each other. Finally, the cell split twice to create new sperm or ovum that carries a unique genetic package.

In other words, every sperm cell and every ovum carry a set of chromosomes that has never existed before and will never exist again.

Human beings have a grand total of forty-six chromosomes or twenty-three pairs. The moment a child has been conceived a full set of these chromosomes, known as a diploid, is established. It will receive twenty-three chromosomes from its father and twenty-three chromosomes from its mother.

The average pregnancy lasts between thirty-seven and forty-two weeks. During this time the child growing inside a woman’s body will go through all kinds of wonderful and miraculous changes. At three weeks, it’s brain, heart, gastrointestinal tract, and spinal cord have begun to form. By the fourth and fifth weeks, the heart is pumping rudimentary blood through the child’s veins with a steady rhythm. By the sixth week, the child’s fingers and toes have begun to form, and the child’s heartbeat can now be detected. By the end of the second month, all the child’s essential organs have begun to form.

And there’s still another seven months to go! By the fourteenth to sixteenth weeks, the child will begin to move around, its liver and pancreas will have begun to secrete fluid, and its fingerprints will begin to form. By the seventeenth to the twentieth week, the mother will be able to feel her child moving around inside her, it’s heartbeat will be detectable via a stethoscope, and its fingernails, toenails, eyebrows, and eyelashes will have started to grow.

By the twenty-fourth through to the twenty-sixth week, the child’s brain will be rapidly developing, the nervous system will be developed to a sufficient enough degree to give the child some control, albeit minutely, over its own movements, it will have developed a startle reflex, and its sleeping cycles will be perceptible to the mother. A child born at this stage can survive outside the womb with the assistance of modern medical technology. By the thirty-third to thirty-sixth week, the child will shift into the birthing position and will rapidly put on weight. Within weeks, a fully formed human being will be born.

Any discussion about abortion must begin with the scientific truth that an unborn child is a human life. Only after that truth has been acknowledged can factors like the health of the mother, the vitality of the child, cases of rape and incest, and bodily autonomy can be considered. The preservation of innocent life is the most important responsibility for every person living in a free society. The way we respond to this issue will define us for decades to come.

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.

SMALL GOVERNMENT MATTERS

 

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(This is derived from an old essay I wrote for university)

The size of government is an important yet seldom discussed issue. This is a peculiar phenomenon as the size of government is integral to our freedom. When government power is not limited those with power are able to encroach upon the freedoms of the people. However, when the powers of government are limited people are able to live in peace, freedom, and prosperity.

The Age of Enlightenment (c. 1685 – c. 1815) represents a period in history where the principles of the old world were replaced by new ideals. It was during the Enlightenment that the concepts of modern democracy (democracy originated with the Ancient Greeks, albeit in a rather primitive form), liberty, and inalienable rights began to emerge. One of its key concepts, limited government, came about during the High Enlightenment (c. 1730 – 1780). The English philosopher John Locke (1632 – 1704), perhaps the greatest defender of limited government, believed civil power should be derived from individual autonomy and that the separation of powers was necessary to protect people from tyranny.

Limited government works on the idea that governments should have a little interference in people’s lives as possible. Supporters of small government believe that big government destroys human creativity and innovation because. As the Austro-Hungarian philosopher, Friedrich Hayek (1899 – 1992) stated: “the more the state plans, the more difficult planning becomes for the individual”. Numerous supporters of democracy and liberty had held limited government as an important, and necessary, ideal. The American statesmen, founding father, and President, James Madison (1751 – 1836) sought institutions which would limit the scope of government and give more rights to the individual. Similarly, the Australian Prime Minister, Malcolm Fraser (1930 – 2015) argued that “the power of the state should be limited and contained”.

In no other area is this been clearer than the economy. The economist, Adam Smith (1723 – 1790) argued that regulations on commerce are not only ill-founded but also counter-productive as countries depend on capital accumulation . According to James Madison, guarding persons and property would: “encourage industry by securing the enjoyment of its fruits.” Nations with small governments create their own fortune by allowing the people to participate freely in the marketplace.

Small government makes them master of their own destinies rather than making the government master of them. The people should never forget, as Ronal Reagan put it, “we the people are the driver, the government is the car.” Only small government can continue to survive into the future, only small government can protect the rights of the individual, and only small government celebrates human achievement. This is why small government matters.

REFERENCE LIST

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  23. Novak, ‘Small Government Means Better Governance’: the Drum, http://www.abc.net.au/unleashed/4147992.html. [23/03/2014]
  24. P. Sommerville, ‘Limited Government, Resistance and Locke’: http://faculty.history.wisc.edu/sommerville/283/283%20session10.htm. [23/03/2014]
  25. Liberal-National Coalition, ‘the Coalition’s Policy to Increase Employment Participation’: http://lpaweb-static.s3.amazonaws.com/13-08-27%20The%20Coalition%E2%80%99s%20Policy%20to%20Increase%20Employment%20Participation%20-%20policy%20document.pdf. [23/03/2014]
  26. Liberal Party, ‘Our Plan for Real Action’: https://www.liberal.org.au/our-plan. [23/03/2014]
  27. Liberal-National Coalition, ‘the Coalition’s Policy for Trade’: http://lpaweb-static.s3.amazonaws.com/Coalition%202013%20Election%20Policy%20%E2%80%93%20Trade%20%E2%80%93%20final.pdf. [23/03/2014]
  28. Lobao and G. Hooks, ‘Public Employment, Welfare Transfers, and Economic Well-Being across Local Populations: Does a Lean and Mean Government Benefit the Masses?’, Social Forces, vol 82, no. 2. 2003. Pp: 519 – 556
  29. R. Cima and P. S. Cotter, ‘the Coherence of the Concept of Limited Government’, Journal of Policy Analysis and Management¸ vol. 4. 1985. Pp. 266 – 270
  30. Baird, ‘The State, Work and Family in Australia’, the International Journal of Human Resource Management, vol 22, no. 18, 2011. Pp: 1 – 14
  31. New Learning, ‘Ronald Reagan on Small Government’: http://newlearningonline.com/new-learning/chapter-4/ronald-reagan-on-small-government. [23/03/2014]
  32. Parker, ‘Religion and Politics’, Distinktion: Scandinavian Journal of Social Theory, vol 7, no. 1. 2006. Pp: 93 – 115
  33. Public Interest Institute, ‘A Short History of Economic Theory Classical Economic Theory: From Adam Smith to Jean-Baptiste Say’: http://limitedgovernment.org/ps-12-9-p3.html. [23/03/2014]
  34. Hollander, ‘John Howard, Economic Liberalism, Social Conservatism, and Australian Federation’, Australian Journal of Politics and History, vol 53, no. 1. 2008. Pp: 85 – 103
  35. Kelman, ‘Limited Government: an Incoherent Concept’, Journal of Policy Analysis and Management, vol. 3, no. 1. 1983. Pp. 31 – 44
  36. Pryce, ‘the Thatcher Years – Political Analysis: Putting the Great Back into Britain?’: Margaret Thatcher: 1925 – 2013, http://www2.granthamtoday.co.uk/gj/site/news/thatcher/analysis.htm. [23/03/2014]
  37. Dunlop, ‘Small Government Can Equal Big Problems’: the Drum, http://www.abc.net.au/news/2014-02-28/dunlop-small-government-can-equal-big-problems/5287718. [23/03/2014]
  38. US Government, ‘Bill of Rights’: the Charters of Freedom “a New World is at Hand”,http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html. [23/03/2014]
  39. US Government, ‘Constitution of the United States’: the Chapters of Freedom “a New World is at Hand”, http://www.archives.gov/exhibits/charters/constitution_transcript.html. [23/03/2014]
  40. Various Authors, ‘Social Issues and Political Psychology’, International Journal of Psychology, vol 47, no. 1. 2012. Pp: 687 – 697
  41. We the People, ‘Principles, Priorities, and Policies of President Reagan’: Ronald Reagan and Executive Power, http://reagan.civiced.org/lessons/middle-school/principles-priorities-policies-president-reagan. [23/03/2014]
  42. Voegeli, ‘the Trouble with Limited Government’, Claremont Review of Books¸ vol 7, no. 4. 2007. Pp: 10 – 14.
  43. W, ‘Size of Government: Brooks and Ryan’s False Choice’: the Economist, http://www.economist.com/blogs/democracyinamerica/2010/09/size_government. [23/03/2014]

Free Speech Matters

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There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.

At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”

The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.

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Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”

Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.

In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:

ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”

During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:

“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”

Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:

“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”

Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.

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Supreme Court

 

Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.

In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):

“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”

In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:

“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”

Justice Anthony Kennedy (1936 – ) opined:

“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”

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In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.

That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:

Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)

1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.

Age

But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.

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In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.

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In terms of political affiliation, research from YouGov taken in 2015 found that fifty-one percent of Democrats supported restrictions on hate speech, compared to thirty-seven percent of Republicans, and only thirty-five percent of independents.

The primary issue with hate speech is that determining what it does and does not constitute is very difficult. (The cynic may argue, fairly, that hate speech begins when the speaker expresses a view or states a fact or expresses an opinion that another person does not want others to hear.) As Christopher Hitchens (1949 – 2011) pointed out, the central problem with hate speech is that someone has to decide what it does and does not constitute.

The second issue with hate speech laws is that they can easily be used by one group to silence another. Often this kind of censorship is aimed at particular groups of individuals purely for ideological and/or political purposes, often with the justification that such actions increase the freedom and equality of the people the advocates claim to represent.

In Canada, Bill C-16 has sought to outlaw “hate propaganda” aimed at members of the community distinguishable by their gender identity or expression. The Bill originated with a policy paper by the Ontario Human Rights Commission which sought to determine what constituted discrimination against gender identity and expression. This included “refusing to refer to a person by their self-identified name and proper personal pronoun.”  Supporters of Bill C-16 see it as an important step towards the creation of legal protections for historically marginalised groups. Detractors, however, have expressed concern that the Bill creates a precedence for Government mandated speech.

The Canadian clinical psychologist and cultural critic, Professor Jordan Peterson (1962 – ), first came to public attention when he posted a series of YouTube videos warning of the dangers of political correctness and criticising Bill C-16. In his videos, Professor Peterson warned that the law could be used to police speech and compel individuals to use ‘transgender pronouns’ (these are terms like ‘ze’ and ‘zer’, among others). For his trouble, Peterson has been accused of violence by a fellow panellist on the Agenda with Steve Palkin, received two warning letters from the University of Toronto in 2016, and was denied a social research grant from Canada’s Social Sciences and Humanities Research Council.

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A Nazi torch-light rally. 

Europe has been experiencing similar attempts to silence speech. A law passed in the Bundestag this year will force social media companies operating in Germany to delete racist or slanderous comments and posts within twenty-four hours or face a fine of up to €50 million if they fail to do so. Additionally, numerous public figures have found themselves charged with hate speech crimes for merely pointing out the relationship between the large influx of non-European migrants and high crime rates, particularly in terms of rape and terrorism. One politician in Sweden was prosecuted for daring to post immigrant crime statistics on Facebook.

In Great Britain, British Freedom of Information documents reveal that around twenty-thousand adults and two-thousand children had been investigated by the police for comments that made online. In politics, British MP, Paul Weston (1965 – ), found himself arrested after he quoted a passage on Islam written by Winston Churchill (1874 – 1965). In Scotland, a man was charged under the 2003 Communication’s Act with the improper use of electronic communications after he filmed his dog making a Hitler salute.

In Australia, Herald Sun columnist, Andrew Bolt (1959 – ), was found to have contravened section 18C of the Racial Discrimination Act after he published articles accusing fair-skinned Aborigines of using their racial status for personal advantages. The law firm, Holding Redlich, speaking for a group of Aboriginal persons, demanded that the Herald Sun retract two Andrew Bolt articles, written in April and August of 2009, and restrain Bolt from writing similar articles in the future. Joel Zyngier, who acted for the group pro-bono, told Melbourne’s The Age:

“We see it as clarifying the issue of identity—who gets to say who is and who is not Aboriginal. Essentially, the articles by Bolt have challenged people’s identity. He’s basically arguing that the people he identified are white people pretending they’re black so they can access public benefits.”

Judge Morcedai Bromberg (1959 – ) found that the people targeted by Bolt’s articles were reasonably likely to have been “offended, insulted, humiliated, or intimidated.”

We need speech to be as free as possible because it is that which allows us to exchange and critique information. It through free speech that we are able to keep our politicians and public officials in check, that we are able to critique public policy, and that we are able to disseminate information. As the Canadian cognitive psychologist, Stephen Pinker (1954 – ), observed: “free speech is the only way to acquire knowledge about the world.” Measures taken to restrict free speech, whether it be the criminalization of hate speech or any other, is a complete contradiction of the principles that free Western democracies are founded upon.

THE PROBLEM WITH MULTICULTURALISM

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At a security conference in Germany, the former British Prime Minister, David Cameron, condemned multiculturalism as a failure. He stated: “we need less of the passive tolerance of recent years and much more active, muscular liberalism.” In a similar statement, the French president, Nicolas Sarkozy, also condemned the doctrine of multiculturalism. Sarkozy told the French people: “we have been too concerned about the identity of the person who was arriving and not enough about the identity of the country that was receiving him.” In recent years, the Western nations that have preached multiculturalism and diversity as bastions of peace, tolerance, and diversity – Great Britain, France, Germany, the United States – have been the primary targets of radical Islamic terrorism.

Progressives like to believe multiculturalism and diversity create harmonious and peaceful societies. When, in reality, it creates division. Telling newcomers that they do not have to assimilate into their adopted culture fosters tribalism: Irish form communities with fellow Irish, Muslims form communities with fellow Muslims, Japanese form communities with fellow Japanese, and so forth. As these cultures, especially those lacking the fundamental roots and beliefs of their adopted countries, compete for supremacy, they inevitably conflict with one another. So, whilst Germanic and French cultures may be able to live harmoniously thanks to their shared Christian heritage, the same cultures would not fare as well if they were expected to co-exist with a culture whose central tenants are profoundly different.

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Why am I harping on about the inherent faults in multiculturalism and diversity? It is because I believe we have created the greatest culture mankind has ever seen: a culture that has produced Shakespeare, Mozart, Voltaire, Plato, Aristotle, John Locke, freedom and democracy, the television, the I-Phone, the movies, free market capitalism, Van Gogh, Da Vinci, Einstein, Newton, Mary Shelley, the Bronte sisters, and more. And I believe it is a culture worth protecting. And how do we protect it? We start by protecting the very things that have made the West so great in the first place: Christianity, an adherence to truth and a deep esteem towards the logos, the supremacy placed on individual rights and liberties, the free-market place of ideas and commerce, Small Governments, and political freedom.

Moral and cultural relativism is being used to tear down and replace the existing social order. When the Mayor of London, Shadiq Khan, is able to state “terror attacks are part and parcel of living in a big city” and young German women are able to hold signs proudly proclaiming “will trade racists for rapists” unopposed, it is clearly time for certain ideas to go away.

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.