Posts in Law
Words Worth Noting - February 26, 2025

“The man who says there are no sexes or no nations fares simply and precisely like the man who says there are no chairs and tables. He falls over them.”

G.K. Chesterton in Illustrated London News November 8, 1913 quoted in “Chesterton for Today” in Gilbert! The Magazine of the Society of G.K. Chesterton Vol. 27 #4 (March/April 2024) [and yes, he gave this warning over a century ago, yet again proving eerily prescient]

Words Worth Noting - February 12, 2025

Atlas Shrugged makes no sense to me: the good people I know [rich or poor] are not stingy with their skills and expertise or whatever contributions they can make – whether prayer, money, or time – toward the common good. I know this as a fact. It is the characters in Atlas Shrugged who opt out (sometimes with much hand wringing) who are by definition the second rate. From knowing so many good people, I knew Atlas Shrugged was bunk. But I was wrong – in an oblique way this book was prophetic, but it was not Atlas who had shrugged; the world sitting on Atlas’s shoulders decided to jump off. Two years ago in Canada, every institution in Canadian society rejected the help of their many dedicated volunteers, and outlawed public participation in clubs, amateur sports, education, and religious observance. Any gatherings of five or more were prohibited, even in our homes. Christmas and Easter were cancelled. Sunday Mass was cancelled. Religious services were outlawed; whereas liquor stores, pot shops, big box stores, and professional sports were all kept open. The lines of demarcation were obvious, if it freely benefited families, helped the elderly, or made life better for people it was cancelled. Youth curling? Gone. House league hockey? Gone. Public arenas? Locked. Public pools? Public parks? Public walking trails? Shut down, access blocked with padlocks and chains, patrolled by the police. People, including children, who dared ride a bike, skate on a patch of ice, slide down a hill on cardboard or skateboard in an empty parking lot were fined, sometimes pushed violently to the ground, and often arrested. Funerals, weddings, baptisms, first communions – these were outlawed. All of our social, religious, and media institutions collaborated. A few Christian congregations resisted and their pastors were arrested, sometime just for reading the Bible outdoors. The City of Toronto (among others) opened up snitch lines so people could report anyone who celebrated Christmas or Easter. Those who questioned even the more extreme capitulations to dictatorship were pilloried in the press for being anti-science. However, there were still children to raise, people who needed encouraging, teen-agers who needed to learn and play, swim, and play music. Spontaneously, without any central organization, house league hockey was re-started by invitation only, on frozen ponds and rinks behind barns and hedges away from the searching eyes of both officialdom and vindictive neighbors. At our home we raised the height of the fence so people could not see into our yard from the road, which allowed us to host Euchre tournaments, and Christmas feasts, live music events, with visitors parking behind a large woodpile away from view. Everywhere, priests said Mass in private homes with time-and-place communicated by word of mouth to those who could be trusted to keep quiet.”

David Beresford in Gilbert! The Magazine of the Society of G.K. Chesterton Vol. 27 #4 (March/April 2024)

Words Worth Noting - January 26, 2025

“The reasonable people (for I know some quite reasonable people who allow me to talk to them), the rationalists, the liberal progressive people all say, ‘The Indian need is Independence; it must be a self-governing unit,’ and so on. Then they both say, ‘Let us hope no silly squabbles about religion will spoil this great unity,’ whether Imperial or National. Now I am so perverse that I think the religious squabbles are much less silly than the political squabbles. I am much more certain that there is such a thing as Islam than there is such a thing as India. I believe much more in the existence of a Hindoo than in the existence of an Indian. And I think the difficulties do arise from the doctrines; but much more from the trick of ignoring the doctrines.”

G.K. Chesterton in “The Thing They Left Out” in the New York American January 9, 1932 reprinted in Gilbert: The Magazine of the Society of G.K. Chesterton Vol. 27 #2 (November/December 2023)

Less government: it is a difficult concept

This Thursday I told the House of Commons Standing Committee on Science and Research (SRSR to insiders) to avoid getting distracted by issues like refining the criteria for federal funding of advanced research and instead to focus their limited resources including of time on core government responsibilities such as defence, infrastructure and justice that appear to be crumbling. Ironically my initial in-person appearance on Tuesday collapsed because they couldn’t make the translation work, which I thought rather proved my point about the state being overextended and lacking some fairly basic capacities. I think the concept of government doing less baffled many of the MPs. But you can watch my testimony given Thursday via videoconference starting at timecode 16:11:33 and judge for yourselves.

Words Worth Noting - December 12, 2024

“Kings needed help or counsel or money. They wanted assent to their policies and political support for them. These obvious facts should indeed receive due emphasis in any institutional history of the Middle Ages, but it is a delusion to suppose that, by merely calling attention to them, we are providing a sufficient explanation for the rise of medieval constitutionalism. The problem of maximizing assets to governmental policies arises for all rulers in all societies. It is not normally solved by the development of representative assemblies. Our argument is not that hard-headed medieval statesmen behaved in such-and-such a way because some theorist in a university had invented a theory saying that they ought to do so. The argument is rather that all men behave in certain ways in part at least because they adhere to certain ways of thinking. No doubt the ideas that are most influential in shaping actions are ones that the agent is hardly conscious of at all – he takes them so much for granted. But the historian has to make himself conscious of those ideas if he is to understand the men of a past age and the institutions that they created.”

Brian Tierney, “Medieval Canon Law and Western Constitutionalism,” in The Catholic Historical Review (Washington, April, 1966) excerpted in Bertie Wilkinson The Creation of Mediaeval Parliaments [and BTW Wilkinson was my grandfather].