Posts Tagged ‘law’

No Deal Brexit could blow Starmer’s strategy

01/10/2020, 10:43:42 PM

by Dan Cooke

Brexit is back. After months when the government’s shambolic response to Covid has monopolized political debate, the imminent expiration of the Brexit transition period on 31 December has reignited the intermittent interest of UK commentators in the nation’s future relationship with the giant trading block on our doorstep.

It took even more than this looming deadline to force Labour’s new Leader and his team to break their strategic vow of silence on anything related to Brexit. Only the furore over Johnson’s lawbreaking internal market bill forced a vocal but limited Labour response: to stress repeatedly that the government must focus on agreeing a deal; and No Deal would be a “failure “ that Johnson would have to “own”.

The first part of this assertion is self-evidently correct. No Deal would be disastrous – not just for Britain’s terms of trade, with the resultant imposition of EU tariffs on goods including cars, food and cosmetics, but also for essential co-operation on national security –  and would simultaneously create the worst possible environment in which to resolve the many vital open matters outside the scope of the current negotiations, such as seeking recognition of equivalence for Britain’s financial services sector.

Such an outcome would be, as Johnson once put it, an epic “failure of statecraft”, for which he and his advisers would be damned by history. However, if that verdict concerned them in the slightest they would have long since stopped getting out of bed in the morning. Instead, they know all too well that the Devil has all the best tunes. They most likely recognize – as Labour should too – that, in the foreseeable future, the fall-out from No Deal offers more favourable political terrain to this government – and one more challenging for the Opposition  – than any deal reasonably in prospect.

Let’s start with the alternative. Suppose a deal is announced with great fanfare in late October, in time to be ratified by year end. Johnson reprises his trick of last November, by returning from Brussels with a last minute agreement, achieved by compromising on his own red lines behind the cover of bombast and boosterism. This time around, the implicit threat of imposing a hard border in Northern Ireland through the Internal Market Bill is likely to be presented as having intimidated the EU into imagined concessions.

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There are not two sides to every story. We should not have entered the First World War.

08/08/2014, 02:36:55 PM

by Sam Fowles

The “balance fallacy” in the commemorations of the First World War means we forget the real reason millions died.

“There are two sides to every story and this is my side. The true side.” said Emma Stone at the beginning of the (highly underrated) teen comedy “Easy A”.

The mantra that “there are two sides to every story” is embodied to a fault in the anniversary coverage of the First World War. This is dangerous. January’s controversy about the origins of the war has been smoothed over with references to “complexity”. Every mention of tragedy is mitigated by the platitude that “no one” was expecting the nature of the war. Apparently it was no one’s fault.

Except that it was. To say that the slaughter was senseless and some were more to blame than others isn’t to ignore the complexity of diplomatic and military history. Sometimes history is not balanced. Sometimes the merits of one side of the argument so monumentally outweigh the other that the imbalance must be acknowledged.

In a History Today blog in January I said that the study of history is the search, not for truth but, for understanding. But the belief that the sun orbits the earth does little to advance one’s understanding of the solar system.

Understanding history is important because history is inherently political. Imagine historians agree that “A happened, therefore B action was taken and C was the catastrophic result”. The next time A happens we, as a voting public, will be understandably skeptical of anyone who suggests doing B or of anything suggested by the people who suggested B in the first place.

This creates a problem for those original decision makers (or their political descendants) who don’t wish to lose power. Or if doing B again remains in the interests of certain powerful groups despite its catastrophic consequences for society in general.

There’s a fable amongst lawyers about the Harvard Civil Procedure professor who tells his students: “If the facts are on your side argue the facts, if the law is on your side argue the law and if neither the facts nor the law are on your side bang your fist down on the defence table and make enough noise until everyone forgets you’re in the wrong.” If you want history to forget how you screwed up, create enough contradictory accounts that it looks like a debate with “no right answer” rather than a cataclysmic failure of judgment. Create legitimacy with noise rather than academic rigour.

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