Archive for the ‘Ideological Analysis’ Category

One for the Handbook (literally, for once)

“One for the Handbook” refers to a new policy idea I have thought up, and so literally wish to enter into the (virtual) Political Handbook, rather than merely blog about.

My best blogs are reactive. In fact, my best ideas are reactive, even musically, I think. There’s something reactive about every creative human impulse — the best creativity needs to respond to something. Whether it’s my taking inspiration from popular songs such as “Sunshine, lollipops and rainbows”, “The way you look tonight” and “Bring me sunshine” (Fantasy on Sunshine, a sonata for solo violin, for any who happen to be interested in my music), or simply being inspired by a long walk or pleasant day in the traditional style, human creativity is rarely, if ever, without an impulse it reacts to. The same follows with policy. Government is the most reactive concept on earth — it exists purely in reaction to, and for the intention of correcting, social problems. (Whose problems, and who the solutions benefit are, of course, up for grabs.)

James Graham on Quaequam blog! has written, every once in a while, some very interesting articles on Intellectual Property and Copyright laws. I mean interesting, for once, in a most complimentary and not at all sarcastic or euphemism-laden way, as I like the thinking very much. It sparks off my own, very embryonic, thinking on the subject. This is why I’ve linked to the blog and not a particular article (the current article is dedicated to the subject, unless you’re reading this in a couple of days, when it could be off the front page), as this isn’t reacting against anything in particular, unlike most of my “response” articles to bloggers/columnists.

James’ analysis of existing copyright legislation is a devastating critique of the recording industry at the moment and, for the most part so far as I can see, correct. Copyright legislation at the moment exists mainly to the benefit of those who exploit musical talent rather than artists themselves.

I’m a little worried about coming across so Marxist, and indeed cannot explain why I feel such greater revulsion against the concept of “selling” intellectual labour than I do selling of labour in general. Now I come to think of it, though, it may be more about the concept of selling rights of property than rights of labour. I generally don’t have a problem with artists working for larger companies, with them making a rational decision to sell their labour for a fair price (note, a fair price, not any price). I guess it’s more the idea of companies obtaining a fundamental ownership of the value of the art itself, a sense of ownership of the actual artistic endeavour being transferred, that riles me. As an artist, I obviously have a clear prejudice here, and cannot say that it is logical that I should feel less bothered by, say, the selling of conventional property that one might have produced.

Except that in many cases, property one creates cannot be argued as decisively to be your original work as art can. After all, in typing for a company as a receptionist, though doubtlessly a skilled job, the words created are of little value to me and require little skill of artistic creativity, though very different skills are required. However, in typing this blog, assuming for the moment that I am a talented writer, I could be creating something of genuinely new and irreplaceable value, a work of unique art (yeah, right!)

My point is, of course, far from black and white, and is one which would invariably travel, if it were allowed, to the debate as to what constitutes art in the first place, and where creativity has been applied as opposed to simple activity. Yet I do believe that such a distinction exists. This will doubtlessly put me at odds at many who believe that the concept of creativity is an illusion, that it disguises truth, and that it interferes with rationality, etc., etc.. I can’t argue with that — it is too fundamental a disagreement. So I can merely use this as a starting point.

I do therefore believe that a case for intellectual ownership of a work one can produce easily without creativity is far more difficult to make than for one where creativity is required, and the outcome is unique. Defining this is the problem, and I would not for one moment assume that I am capable of defining where a work becomes a work of art and ceases to be a work of mundane application of uncreative, robotic skills. Clearly creativity and innovation are not enough, as they are also applied to many business decisions and strategies, the copyrighting of which would be patent nonsense. Clearly something of unique and irreplaceable value has to be produced, but here again we come up against a minefield of definition.

Even so, difficulties of definition aside, I do think there is a clear place for intellectual copyright, and moreover, a clear case for some form of limitation on the extent to which it can be “sold” and “purchased”. Moreover, simply because definition is difficult, does not mean that these rights are not needed. I think that on a fundamental level, it is obvious that they are: I think it is obviously false to state that “music should be free” as it is to state that “information should be free”. Neither are free. No “should” will change this, both have a cost at the original level of production.

There are, of course, models to get around this. Spotify is an example. Yet I doubt that such models are capable of covering all content; what is more, even if they could I am not sure whether I like the implications for artists if they are limited to one means of distributing their content, and the potential for abuse that could follow. The advantages of a level of copyright protection are that artists may have a certain amount of personal autonomy, answering to no-one, being truly self-employed.

But, as already stated, I am in clear agreement that the current set-up favours business over artist, and is not about protection of the individual. Such a claim would be laughable. So what can be done to reverse this? I have a couple of ideas:

a) Firstly, remove the inheritance principle. Though I might feel differently about this were I a parent, I hope I would hold to my principles: no potential child of mine should be able to benefit, once they are an adult, from my work as a musician and composer. They would hold no greater intellectual right than anyone else, even if they had immeasurable artistic ability of their own.

b) For obvious reasons, an copyright expiration upon death might not be the safest of policies. Nor from a perspective of equity does it seem reasonable — there are various arguments at play here, but in terms of a “leaving something for your children if you die suddenly” question, the most equitable arrangement that I can think of off-hand would be around 20 years, a generation.

c) Things are complicated, however, by the factor of deferred success. It is possible that I may write something that, having left the undiscerning public cold for 20 years, suddenly becomes very popular. In which case, I am shafted if the limit is inflexible. I therefore suggest that the initial limit be a simple one on what your work can earn to an unlimited extent, but an additional time limit exists as to what your work can earn in total.

This could work two ways: it could be “on top” of whatever your work earns in the first 20 years, or it could be including the first 20 years of earnings. The latter concept would be more socialist in concept, setting a more “absolute” price on what a work of art should earn, for this reason, I am tempted to disown it, though the former concept also does this to an extent. Either way, it could serve a severe limitation upon the ability of artists or companies to exploit a popular work to reap huge rewards through limiting distribution. There would have to be an absolute limit, perhaps something like 75 years, upon which any work is guaranteed to enter public domain.

d) I must confess to be unaware of the law surrounding the extent to which the copyright of a work can be “sold on”, so here I enter the area of speculation. I believe fundamentally that the extent one can sell or purchase copyright should be limited to so protect the original producer, or that the limit of 20 years should be binding upon anyone who is benefiting from “purchased” copyright, and either revert back to the producer afterward, or, if they are dead, become public domain.

This is all very initial. I am unaware of many very important facts to this debate, and this serves just as much as an attempt to define some of my thinking as it does any detailed policy argument from me. However, I hope it proves to be a constructive addition to the debate.

Why the right veered towards Primaries as the left veered towards PR, when the sunlight briefly shone out on our Politicians.

The scramble towards constitutional reform when the sunlight, grandly taken advantage of by the Daily Telegraph, shone through a haze of mist on MPs expenses; was amusing from the perspective of a student of politics, even more so a thoroughly amateur one. For many reasons, quite a few obvious ones that do not need going into (such as the only tangential connection to the actual scandal itself), but one of the less remarked upon ones being the way in which each party”s line of direction so aptly reflected its historical ideologies.

One of the things which fascinated me the most was the way David Cameron played his hand. Ever on the nervous look out as the result of the more extravagant expense claims, perhaps not surprisingly, being disproportionately amongst his own party; he had to be careful to ensure that the field of debate was not captured by the left, or the government, both of whom have felt more comfortable in the field of Constitutional reform than the Conservatives in recent years (though admittedly, the Conservatives’ hiatus from government possibly had something to do with it). This is mostly due to the Conservatives’ historical attachment to traditional institutions and practices, and their recent savage opposition to any form of electoral reform (to the extent of applying arguments against PR to thoroughly non-PR alternative voting systems, as Cameron did in a recent Prime Minister’s Questions).

Shrewdly understanding that he could not compromise on this important — and recent — support of historic tradition in the Conservative party, coupled with his evident need to make a contribution to the debate, Cameron obviously spent a little time researching other forms of Constitutional reform that lie outside the field of alternative voting systems, enough so to have at least a better grasp of them, though the extent is debatable. When he made his move, therefore, he was able to talk with apparent ease about such diverse ideas as fixed-term parliaments, recall elections, and Primaries; as if they had been key to the conservative tradition all along.

Except to an extent, this wasn’t just clever manoeuvring, for though the latter isn’t demonstrably connectible to conservative thinking in recent years, it is far more palatable an idea to the right than it is left, and in a savage world where a possibility exists that one must choose between being reformers or being left out in the cold, it is not surprising that the right latch on to it with such fervour. Because introducing open primaries throws the political equivalent of a massive spanner in the works of the left’s agonisingly slow progress towards promoting reform of the voting system.

I was struck by Vernon Bogdanor’s contribution to the Indie’s ‘panel of experts’ analysing the expenses scandal back in May, that I only dug up today. In it, he says:

Primary elections would ensure that MPs were chosen by a wider group than the small unrepresentative cliques who often now act as an electoral college. In the long run, the single transferable vote method of PR would give every elector the chance to combine a vote in a general election with a vote in a primary election.

In it, Mr. Bogdanor seems to believe that a change to open primaries could be part of a gradual transition towards imposing the Single Transferable Vote. But I feel that this is a grave mistake to make.

Primaries are not perhaps quite as individualist as caucuses, but they are the closest democratic thing, and as such they would make the perfect reform for the right to make to stave off reform of the voting system for decades. For whilst STV is intended as a compromise between a desire for broad proportionality, and retaining the individual basis of elections; open primaries are an active attack on the role of parties in the political system, designed to weaken them permanently. Hence from a politically individualist — and broadly right-wing point of view — open primaries are the perfect weapon against reforming the voting system. “Why”, the question would run, “is reform of the final election process needed, when we have opened up participation in the build-up by so much?”

But if this explains why the Right is broadly far happier with the idea of open primaries, and why it caters to their sensibilities, it doesn’t cover the left’s preference for reform of the voting system, and why it should be hostile to primaries or not.

And when I come to think about it, it actually surprised me how much reason the left has to be hostile to primaries.

It has to do with more than just ideology, or semantic disputes about exactly what role parties should serve in the electoral process (I saw a debate which I felt fell into that trap, concentrated in a small-scale dispute over the nature of consensus politics versus democratic choice). It has to do with real-life evidence, and the far greater importance, to the left, of equality, freedom from economic circumstances, and demographic representation.

Proportional representation systems, and moderate representation systems such as STV are equipped with the tools to represent broad ranges of opinion in a community. In the former grouping it is through the power of the parties, who can institute selection procedures such shortlists designed to favour demographic equality if they so wish. In the latter it is through the system itself, which is designed to deliver a minimum of wasted votes and ensure as many votes as possible are used in allocation of each seat.

For this reason, persons at a disadvantage when it comes to standing for election (those with limited financial resources, business-unfriendly, union-unfriendly, independents, etc..) tend to do better with non-primary systems, and better still with STV (so long as they build up a profile with the people that matter, the local voters; at least in theory that’s how it works). Primaries disproportionately punish all these people, because they make campaigns by necessity far longer, and thus far more expensive, and you can probably see where this is going — they vastly increase the political power of money.

For this reason the left should be very, very cautious about primaries. For campaigns which involve a lot of money vastly increase the hold of businesses over politicians, and could potentially introduce a number of problems with the process of government similar to those seen in America. And if the left supports primaries on the false assumption that doing so will improve social democracy, it is badly mistaken, and could breed a generation of future struggle for itself, needlessly. It should be aware, and beware, of any reform that places more influence into the hands of lobbyists.

Bottom-up, as opposed to top-down.

I am firmly of the belief that any Marxist, Meritocrat, Libertarian or in fact anyone committed to an ideology in general should be given a crash course in one crucial type of analysis: the bottom-up and top-down method.

This casts aside all partisan or indeed moral concerns, and simply looks at the sustainability of an ideology or even a specific suggestion; using only two criteria: could this be sustained by the voluntary or democratic actions of normal individuals over the long-term, and does it aid long-term sustainability of the bottom-up process that defines everyday life?

Like it or not, all systems of government and individual engagement with the community involve a degree of bottom-up process. Even the vilest dictatorship must secure some form of consent from its people, no matter whether it does so by fear, murder, trickery or bargaining. No system of government can survive if the people refuse to accept it en masse.

Therefore the bottom-up is a crucial form of analysis that must be applied to every level of political thinking.

This level of analysis goes a long way to explaining why different elements of our system of government have survived for as long as they have, and why other systems have been less successful. It is also notably absent from the form of thinking employed by many ideologues — particularly Marxists.

When searching for a reason for why both democracy and capitalism have proved to be so versatile and resiliant, the answer is simple: they are bottom-up processes of the more fundamental kind. Governments by consent place restrictions on both these processes, to keep them in check and ensure smooth working of the system. But attempts to replace them entirely, at least in Western democracy, are doomed to failure. Meritocracy hands government the tools to initiate a dictatorship. Communism hands the politically savvy the tools to seize total economic power centrally. The flaws in both these ideas are that they are top-down. Top-down principles work well as regulations, but try to build a system around them, and it’ll come crashing down. No dreadful pun intended.

[Prologue: a friend of mine has pointed out to me that economic systems with a particularly dominant asset or resource cannot be stable as a free-market or democratic bottom-up system, because of the vast amount of control that can be given to one single interest as a result of this. I accept the criticism, and add the caveat that a free-market based system (which can include the mixed-economy) can only work from a bottom-up perspective when the economy is sufficiently balanced.

I also to acknowledge that this article was a bit of a rant from myself, as a response to perceived failings of many ideologies in this area. I appreciate that, like all theories, it is probably as full of holes as the next one.]