https://en.wikipedia.org/wiki/May_1958_crisis_in_France
It amazes me that the constitution that was put in place then is largely unchanged today, insofar as the French president is still incredibly powerful, parliament is subservient, and the electoral system is deeply majoritarian.
I don't know exactly what it says about a society that it keeps a constitution that was imposed this way, but it isn't anything good. The frank craziness in this article (F-Droid, lol) is in keeping with that.
1. He can call for new elections of the Assembly (not of the Senate) ;
2. He names the Prime Minister and chooses to accept or not the government the Prime Minister then proposes ;
3. He's got minor powers regarding foreign policy.
And that's it.
Now what goes against the President:
a. Regarding [2.] which may seem a major power: the Prime Minister and his government can be kicked out basically at any moment by a vote of the Assembly. So there is no way the President could pick a Prime Minister and a government that doesn't suit the Assembly. Basically, the Assembly has the last word on it, and keeps this power all along the legislature.
b. The government decides and leads the policy (politics?) of the nation (article 20: «Le Gouvernement détermine et conduit la politique de la nation.»): the President is not supposed to have a say about it.
c. Once the President has named the Prime Minister, he cannot remove him. Nor can he remove any other minister. Only the Assembly can do it.
The problem is not the constitution. The problem is that the constitution hasn't got a sacred role as in the USA, and everyone in the various positions of power wipes his ass with it.
So, all what gradually happened more and more in the last few years, is Members of the Parliament voluntarily de facto abdicating their powers to the Government, and members of the Government voluntarily de facto abdicating their powers to the President. In the end they mostly take orders from above and act and vote as they are told to. Just because they enjoy their seat...
If anything, keeping the same constitution for more than 230 years is a horrifying thought to me.
Governments would be wise, so long as I'm not doing anything to hurt anyone else, to mind their own business and fuck off.
Don't make me get out my AR-15 with its standard rapacity 45rd mag
I mean, we all know that president dissolving the parliment/congress/house is an unworkable mechanism for a sustainable government.
A government that is afraid of its citizens is the right kind of governance: it keeps them within their expected functions: "expected" is the operative word.
I do not support the protests that destroy public and private property.
Someone who supports such violence should have their house destroyed and looted and then affirm "well done!". Somehow this does not happen.
Neither the leaders who support squatting do not advertise their house address and when they go for vacation to incite the squatters to take their house and make it a trashbin.
There are different ways to protest but when you go for violence do not be surprised you get violence back (including non physical).
This is not talked to any political wing - as someone said the extremes usually meet.
They have been nothing but rational and respectful in everything they have done so far.
You can see it in the writing of the article, it's methodical, logical, and rely strongly on facts through quoting documents.
This have been consistent for years, something I give them a lot of credits for.
Besides, no matter the political orientation of the govt, I think it's safe to say no group at the top was not worth of opposition during the last decades. So it's nice to have movements like La Quadrature that keep them in check.
For the US guys here, the equivalent would be the FBI tracking down a few guys back from Afghanistan, monitoring who they talk to, see that they are curious about how to make bombs, how to encrypt your communications, etc, and write an article saying "oh look, the FBI thinkgs that buying sugar at the supermarket is suspicious", because among 1000 other evidence, the FBI at some point noted that "individual bought ingredients to a make a bomb and bought 25kg of sugar".
…automobiles, rental-vans…
But they didn't.
That's the red flag.
These people have been sent to prison because they are suspicious, not because of an action they have done (something made possible as a special case of an older antiterrorism law). And, amongst other things, using Signal and Linux with the encryption-on settings are explicitly listed as some of the things making them suspicious in the eyes of the law.
That is a slippery slope.
When accused of authoritarian tendencies the government usually answers "go to China or North Korea to see what a dictatorship is like".
[0] https://twitter.com/mart1oeil/status/1671467485931921408
And given the sort of stuff they brought to their protests: swords, machettes, baseball bats, jerrycan, bricks, fireworks, petanque balls, Molotov cocktails, fire bombs, etc, it is particularly disingenuous to pretend they have been dissolved for not talking to the police when arrested.
You can read the actual decret in French: https://twitter.com/GDarmanin/status/1671450289298198528
Pretty much relying on the assumption that investigators will find stationary phones suspicious when they spy on you
Could put them in those charging lockboxes seen as airports and festivals, the infrastructure is already there
Guess I’ll market it to climate activists in europe lol
edit: maybe those delivery robots are even better couriers, since it fits the idea of getting a courier to come back to you better than an uber on the other side of town. risky but the fun kind.
China and North Korea exist on completely separate spectrums.
Is there a place where we can read more about this? The article seems to explain none of that context, it only purports that people are suspicious and can be arrested for simply having good 'digital hygiene'.
Edit: Some relevant passages from TFA
> Likewise, the critical attitude towards technologies, and in particular to Big Tech (Google, Amazon, Facebook Apple and Microsoft, GAFAM), is considered as a sign of radicalisation. Among the questions asked to the defendants, one can read: Are you anti-GAFA?”, “What do you think of GAFA?” or “Do you feel a certain reserve towards communication technologies?”.
> These questions are to be read in light of one report from the DGSI titled “The ultra-left movement”, which states that “members” of this movement are alledgedly showing “a great culture of secrecy […] and a certain reserve towards technology”.
Don't see any mention of Syria or weapons.
So caring about one's human right to privacy is a "culture of secrecy" now
[0]: https://fr.wikipedia.org/wiki/Affaire_du_8_d%C3%A9cembre_202... [1]: https://en.wikipedia.org/wiki/8_December_2020_incident
https://en.wikipedia.org/wiki/People%27s_Defense_Units
It was/is a weird situation. They are very anticapitalist and marxist with some anarchist elements, but they got western support when they were fighting ISIS (and to some extent Assad/Putin) in Syria.
So in Syria communist rebells got US weapons and I believe US troops are still on the ground helping them. But back home in the west, those activists get prosecuted, because the PKK (the mother organisation of YPG) is considered a terrorist organisation (and likely they still are doing terrorism, even though it is of course a "separate" organisation https://en.wikipedia.org/wiki/Kurdistan_Freedom_Hawks)
Like more than half of HackerNews :/
you mean as opposed to the people who went to Gitmo for wearing casio F-91W watchs back in the early 2000s[0].
[0] https://en.wikipedia.org/wiki/Casio_F-91W
https://en.m.wikipedia.org/wiki/Seton_Hall_reports#Detainees...
The issue here is that they seemed to have used the encrypted communications to proof criminal behavior.
The real, actual problem is the unlawful detention.
> And, amongst other things, using Signal and Linux with the encryption-on settings are explicitly listed as some of the things making them suspicious in the eyes of the law.
In combination with other things, and in this article there are quotes from interrogations which explicitly ask "have you organised illegal activities through encrypted chat communications".
If I did, why in hells name would I tell you?
Why would you ask that in the first place? To catch out the incredibly dumb terrorists?
how is this defined?
They are basically saying "if you close the door of the toilets when you poop, you are suspicious".
No, no, we're already down the slope and going fast, we are now at "dissolve informal ecologist organizations and raid their homes and families with antiterrorist groups and gear for the crimes of blocking some construction", "get friendly with neonazi groups and let them parade in Paris, let them attack prides and leftist bars".
It's par for the course in a country that bans paternity testing (to "protect the 'unity' of families"! ) [0]
The real problem is the unlawful detention of one of the men, for which a court finally intervened and he has been freed under surveillance.
Both rule of law and liberal democracy are increasingly damaged. Our institutions are so weak that we are one election away from a complete disaster.
Our constitution always concentrated a lot of power in the hand of the president but there is no effective counter-power left. The government set multiple precedent that violate freedom of assembly and association and parliamentary rights. I skipped a lot of authoritarian practice that happened and are still happening but the situation is egregiously bad
I don't say that because I am a political opponent. I voted for this government in 2017, I am a founder, I am pro business. But also I am a father of two and I would rather raise my children in a democracy.
I am seriously pessimistic about this situation. EU knows and complains about Poland & Hungary but France is going to be a shitshow of a far worse magnitude. We should NOT get a pass because Macron knows how to play the game
I find it funny (/s) that my current project is funded by the French government to develop end-to-end encryption in web applications [2]. Am I a terrorist too?
[1] https://www.bpifrance.fr/nos-appels-a-projets-concours/appel...
But what is uBlock Origin's sin? A law-abiding citizen is supposed to be OK with seeing ads, or something?
Can someone who reads French please elaborate on what the linked piece is saying about it?
According to investigators: "these elements confirm they were willing to live clandestinely".
According to the prosecution: "these notes consituted a real playbook allowing anonymous use of a phone, showing the person was willing to live in secrecy and hide their activities".
Wait, is it illegal to *checks notes* have personal privacy?
I guess they lost that ability now, and are trying to criminalize private communication.
https://www.laquadrature.net/en/2023/06/05/criminalization-o...
He had no phone...
Maybe this is like a logic bomb but for authoritarians. Try to convince Macron or random police officers that they too are _potential_ terrorists and watch them go cross eyed.
"knifes can be used to stab people, let's ban them altogether"
"cleaning supplies can be used to poison people, let's ban them altogether"
#logik
also, potential = guilty until proven innocent
The Home Office is looking for ways to reduce knife crime. We suggest that banning the sale of long pointed knives is a sensible and practical measure that would have this effect.
This is fine…
[1]: https://www.francetvinfo.fr/societe/justice/le-senat-donne-s...
Of course, the next step will be you are shopping abroad == you are suspiciously close to being a terrorist.
On the other hand, I can see enough countries willing to support such a requirement, forcing an enforcement on a larger scale.
I'm not saying there is no cause for concern - there usually is - but more often than not they have this tendency to overlook some elements and overblow some others to serve their narrative.
My recommendation would be to carefully read the source material and cross-read other reports to form one's opinion.
IOW the good part is that they're fact driven, the bad part is that they cherry-pick and use doomsday FUD-like tactics to drive their point home.
This goes to show that France is not a totalitarian regime. The government fucked up, justice, as an independent power punished it and the illegally detained suspect is now free. The whole story is freely reported by French media.
So is it bad: yes. Is it tolerated and are dissenters being silenced: no.
For the rest, we will have to wait until the trial, but if the accusers don't have anything better than the use of Signal and uBlock, it probably won't end well for them, even if they represent the government.
What about HTTPS? Suspicious.
>French minister for the economy and finance, Domenica Strauss-Khan, has said she wishes to liberalise
Dominique Strauss-Kahn (they also butchered his last name) is definitely not a woman (but it's a "mixed" name indeed, that both men and women can have).
Back in those days it was also illegal to share radio frequencies used by the military (since comms were not always encrypted; details about frequency and modulation were secret), and a guy got prosecuted for doing just that.
https://www.eff.org/deeplinks/2009/04/boston-college-prompt-...
[1] https://www.constituteproject.org/constitutions?lang=en&key=...
Of course that the message will still need to be encrypted in a way, but that won't happen by using Telegram or Signal or WhatsApp or by encrypting your hard-drive using dedicated software, but the new "encryption" should work in a sort of "out in the open for anyone to see way", like in the famous E. A. Poe The Purloined Letter [1] short-story, with the stolen letter that was "hidden" in plain view for everyone to see.
Again, I realise that this new strategy isn't ideal, that it will most likely make it harder to keep constant the rate of encrypted communication that is now carried out using dedicated apps, but the reality on the ground is that by using Telegram or Signal or any other dedicated app that focuses on technical encryption one just manages to paint a target on his/her back.
-----
terrorism
noun
the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.
"the fight against terrorism"
No, it does not. While this group is indeed suspicious, detaining them without a proof (and using whatsapp as your proof) opens a serious precedent. Now anyone can be detain for that. And it'll be used for serious suspicious cases later but also will be used against someone like you because someone in the police didn't like how you walk.
Of note for US readers, France legal system is not a jurisprudential system as in the US. That is, a judge's ruling does not become law - i.e must be followed as law by another judge -, only parliament can make law.
The only instance having a form of jurisprudence power is Cour de Cassation, but that's only indirect: being the ultimate instance of recourse CCass rulings for similar cases have high chances of having similar outcomes. They may (or may not) influence other court rulings but a) they are not law and b) reaching to CCass is not guaranteed, so other courts judges are completely free to rule differently (as long as they abide by law)
That said, holistically these precedents matter as they may give broad strokes on mindset trends from the powers at play.
Since it seems they don't have anything, they are criminalizing normal tools and dev tools because your average reader/citizen doesn't know the difference between a hacker and a cracker, let alone the right of privacy vs conspiring. The only nice thing IMHO is that everyone uses Whatsapp and no one considers it "criminal", so by bundling Signal etc together with Whatsapp they are making themselves look like they are exaggerating for the average person.
Not in this current context. You can't detain someone willy nilly for 'intentions' without such intentions being explicitly stated as proof in letters, emails, messages, threats etc.
This is authoritarian pandering 101.
AIUI that's lawful in the UK, you can detain people under the terrorism act with only suspicion of intent. It does make some sense, it weighs the level of evidence inversely with the potentially large-scale of awful outcomes. (My understanding hear may be flawed/wrong.)
In order for that not to slip into fascism you need a forthright government that is honourable and believes in the rule of law ... both things the current UK government has proven they do not have.
No, this is matter-of-fact anti-terrorism.
One of many problems with western societies at the moment is the idea that we can be free while under surveillance.
Given the weakness of the elements assembled, why would the DGSI decide to withhold any decisive proof from the eyes of the justice system?
We are the rooster that sings with it's feet deep in shite. It's gonna get ugly when it hits the fan.
1- Don't you think this is quite political? Like what is your benefit from saying this out of context? If signing this paper and being stricter helped the hospitals not being saturated and saved x thousands lives do you still think it was a bad thing? (I'm not even saying that's the case I'm just saying you don't seem to take that possibility into account at all)
2- From my observations French people -constently- complain about this. So I wouldn't say they didn't care about it. You're doing it right now.
No matter who was in charge of France there was going to be a giant spike in debt during at the very least covid, and now dealing with this Ukraine mess.
[0] I greatly prefer net Debt-to-GDP, which is a closer approximation to a country's actual balance sheet, as a measure, but it isn't frequently reported and most people tend not to care.
I'm convinced that whatever president they elect, they'll complain just as much.
I am French too and this sounds greatly exaggerated. Either you don't really know about the situation in Hungary or you have a very twisted view of what's happening in France (maybe induced by the medias). You should take a step back.
"Security" laws extending the powers of the police and creating new ways to criminalize protest have been passed at a constant rhythm over the years since Sarkozy's time. After the state of urgency of 2015, part of the dispositions where simply put into law permanently.
Police has been increasingly violent during protests, bringing back old forbidden tactics and squads formerly dissolved for their violence (voltigeurs).
While there has been no dissolution of leftist movement and no political violence from the left since "action directe" in the 80's, there have been multiple ones (or attempts) in recent times, like the one from yesterday of an ecological movement.
Anti-terrorist laws are used to detain ecologists or protesters indefinitely, like in the case of the "8th november" affair from this topic, which has seen a person kept in solitary (hence, tortured) for 16 months without even being convicted.
France has been for the past sixty years and remains an extremely technocratic country. Counter-powers are still everywhere in the administration. The judiciary system is fully independent and works well. The balance between the parliament and the executive is extremely in favour of the president (which is still elected every five years during free elections) but counter-powers exist. They can’t be used by the opposition because despite spending all their time crying wolf and explaining this is the end of the world, they remain a minority and have nothing to propose anyway.
The issue in France remains the same it has always been. The population is old, largely apathetic and would much rather be on the dole than produce anything of value. Meanwhile the unions are extremely unrepresentative of the population as a whole and remain stuck in the Trotskyist heydays of the past.
There's enough food and energy if we so choose but no; artificial crisis from coughs to barbarian hordes on the horizon mean you must be poorer and work harder.
We could all just actually wake up and realise they are lying they are always lying. They dare not tell the truth for you'd realise how much they lie when truth would shine so bright.
I somehow hope this time it can end less violently, but with how much (a lot of french) people hate macron, you never know...
The larger problem is, that it is spreading to other countries and EU itself (just think of how many times EU tried to stop/backdoor/outlaw encryption). Add a new upcoming crisis, recession in germany and the long-term problems brought with eu expansion, and things are about to get even worse.
I can't claim to be an expert in French politics, but harmful government should not be allowed to be stable.
The other bunch happened because they were precariously unstable governments.
Macrons pushing of retirement law change against both public and parliament is definitely not democratic.
> [...] l’utilisation de messageries chiffrées grand public, sont instrumentalisées comme autant de « preuves » d’une soi-disant « clandestinité » qui ne peut s’expliquer que par l’existence d’un projet terroriste.
Sure, using encryption must mean I have terroistic ambitions... they say public officials lack creativity, but... but at least the government got convicted for their attempts at prosecution. Means the justice system is still functioning.
I used to laugh at the absurdities of the Trump government thinking it would never happen here and alas, it did. And it was even worse than most could have ever imagined.
Don't get me wrong, I didn't like the previous government and already dislike the current one's direction, but when you take one person that truly doesn't give a f**, they can ruin a country in ways you didn't even know existed.
But I don't really see a way out though. Most politicians here (probably everywhere if we're honest) are corrupt so you always choose between the lesser of many evils. The obvious solution is to actually use our collective power to rebel and really enact change - something ironically we say the French are good at - but it simply never happens. Looking at the French protests against the rise of retirement age gave me hope. But then you look at the outcome and it's always the same: we lose.
I honestly think the system has won. Capitalism successfully made everyone (myself included) just comfortable enough to not really take action. We are the proverbial frogs in boiling water and slowly but surely normalizing this insane world we live in today giving away all our hard-fought rights to our capitalist overlords.
We get upset and yell at the void, Twitter, HN, blog posts and don't actually DO anything. I truly hate myself for that. Meanwhile those that actually do something, have their efforts stifled away by governments with ease.
Perhaps I am a bit too pessimistic about this, but from where I stand, there's no way out.
I know how you feel!
I'm from the UK. Corbyn's Labour seemed to me to be a glimmer of hope; but he was pushed out by the MSM and a cabal of his own party's rightist officials, and replaced by a man who immediately on getting the leadership, repudiated all his manifesto promises.
So I no longer have anyone to vote for, and I favour revolution.
I know that that particular reply of mine doesn't help your particular case, but it was sickening to see how much of the supposed French people's liberties and citizens rights were broken back then and how most of the French intelligentsia was just cheering the government from the side.
Actually, they came too late for the Gilets Jaunes!
> it was sickening to see how much of the supposed French people's liberties and citizens rights were broken back then
I agree with you, a bunch of idiots holding a whole country hostage was not at all what one would expect in a sane democracy.
The case reported in this article started when French people who went to fight in Syria among Kurdish militants came back to France and were put under surveillance.
Even if the prosecution is using unconvincing evidence, which I don't know, this is hardly a sign of impending doom.
What I don't appreciate at all is our share of idiots that think that blocking the country is a proper way of protesting (see "gilets jaunes"). That is not democratic, when a minority imposes their will to the silent majority.
Furthermore, independently to our opinion about the Gilets Jaunes, the way this government use the police on the protest can be questioning for a democracy. Even the journalist of the right Figaro newspaper protested several times against police brutality against journalists.
Furthermore, independently to our opinion about the recent strikes (supported by 100% of the democratically elected trade unions), the fact that the government twisted the constitution to avoid a democratic vote of the democratically elected parliament on the legislative text is "puzzling"
What can anyone do about a president that abuses its power ? This is a basic democratic issue and I am pessimistic because a lot of people like you just don't seem to get it, so we won't address that and when it is going to be too late it will be too late.
You might like or trust the current government but what about the next one ?
If you care about democracy, you have much more relevant menace in France. People are screaming about Macron for some reason. Because they were told he is a DiCtAtOr!! Because he didn’t fold to unions. Apparently unions are to be obeyed otherwise you are a dictator? While obeying to elected government is dictatorship? It’s a nice inversion.
The true authoritarian menace in France comes from the far right and far left. Melenchon is in love with authoritarian leaders (see bolivarian alliance), he can’t help screaming at people that disagree with him. His political career should have been ended by just a few of his outbursts. But he gets a pass for some reason. And don’t get me started on the far right, screaming that we are in a dictatorship while admiring Putin…
Of course you can criticize Macron, he’s far from perfect, but if you care about democracy, focusing on him being THE issue is outright ridiculous. We have far more serious threats. You are completely missing the big picture. And people being told to fight Macron instead of the extremes is a serious threat. I can’t believe I have to explain that.
French 5th republic is sometimes nicknamed "presidential monarchy"... Electing the parliament quite at the same time as the president did reinforced the power of the president. The rise of the far right basically made that the one in the best position against far right at the first round of presidential election (with less than 20% of French people voting for him) be sure of being a Presidential Monarch for 5 years. (Notes that the leftist like Melanchon support a new constitution with more democracy, more counter power, less power for the president...)
Note also that in France people working do democratically vote for unions (even if you are not unionized), and quite 100% of those votes went to union that are strongly against las Pension Law. According to polls more than 90% of the workers were against this law. And Macron could not pass this law in the elected parliament, and had to twist the constitution to pass it... This can be seen as problematic for many.
When it come to protest, a lot of NGO and international bodies criticized the way France handle it. Many people are afraid to prostest in France now. Even the journalist of the righ wing newspaper le Figaro protest several time against police brutality against journalist in protest. NOte that France is the only country in EUrope to use many kind of weapon against protestors, weapon that can kill .
When it comes to journalists. Aside of being target by police during the protest, we've seen also a growing Judicial pressure against them. And now the government is talking about law where they could be spied...
"Because" of terrorism we've seen different law reducing the privacy of people... and many exceptional law that are hijacked to target people who are political opponent but not terrorist (like a police raid without judge OK against peaceful ecologists, or using antiterrorist law to forbid some peacefull protest)
Even the normal law are "twisted" is a problematic way. Like arresting random protesters and keeping them for the night. Or arresting the leader of a group for a fake reason and then searshing his phone flat computer for intel...
FOr sure France is not a dictature, but things are not good and are not going in a good way
Why does it seem like the French government is always supporting the worst actors in any conflict? ISIS is (was) so evil and barbaric, they make Putin seem like a great guy. Why would volunteering to fight them ever be seen in a bad light?
Now, depending on who you ask, the PYD/YPG is "good, because they fight ISIS" (e.g. the official stance of the US) or "Terrorists, because they are basically just extensions of the PKK" (what Turkey says).
This leads to a lot of inconsistency in foreign policy within NATO. For example Sweden is pressured to crack down on PYD/YPG to be admitted into NATO. The US, like many others, have supported the YPG/PYD in the fight against ISIS. So I imagine Turkey is also pressuring other NATO countries like France in this case, to go after PKK collaborators including the adjacent syrian orgs.
So basically: why are the people volunteering to fight ISIS seen as terrorists within NATO? I'd guess these days to a large extent because Turkey says so.
In part, because the YPG is seen by the french state as a terrorist group, for various political reasons, and also because having leftists trained in handling weapons is seemingly more terrifying to the government than having neonazis trained in handling weapons. Make of that what you will.
A cynical person would say it's because corrupt leaders are afraid of potential consequences for their actions. But there's likely other, more mundane reasons too. :)
Fighting for a foreign nation or mercenaries is illegal, no matter if you're fighting the "bad guys"
to quote professor farnsworth: I don't want to live on this planet anymore
[0]: https://fr.wikipedia.org/wiki/Affaire_du_8_d%C3%A9cembre_202...
However, it does make the point that it is akin to "L'affaire de Tarnac" that lasted from 2008 to 2018.
There won't be The Day™ when the system goes authoritarian. It's a slope and one must panic at every step. If you wait for The Day, it will be too late.
We’re discussing politics.
> Like what is your benefit from saying this out of context?
What does that even mean? Are you insinuating they’re being paid to say that? How do we know you’re not paid to counter them?
> If signing this paper and being stricter helped the hospitals not being saturated and saved x thousands lives do you still think it was a bad thing?
The problem is you and no one else could prove now or then that giving up my human rights would save lives. Because its all pointless lip service to take power away from the people under the guise of “protection”. Just like with encryption, personal weapons, and everything else that governments don’t want us to have.
> I'm just saying you don't seem to take that possibility into account at all
And I’m saying you haven’t taken into account that you’re an Authoritarian apologist.
If banning encryption and helping police stop terrorism saved x thousand lives do you blah blah blah blah
Do programmers hang out here? The aversion to reasoning from first principle is palpable.
If patriot act helped US intelligence agencies prevent the next 9/11, do you still think it was a bad thing?
No one deserves to be subject to my raw, unrefined thoughts. It's hell enough for me
The mean could be a 5$ wrench, hacking into your devices or plain old surveillance
There's absolutely nothing you gain by making it easy for them by telling them that you did.
Nothing personal, I'm talking about the interests of all the voters who freely elected the current president and parliament.
If you are not happy, it's our duty as a society to provide you a way to express your point. But the right to express your point does not involve the violence to get our attention. Most people just want to go on with their daily life, and putting obstacles to them will not gather any sympathy around you.
I have yet to met a protester who can explain to me how burning cars and picketing is going to magically move down the median age of the population which is slowly but surely drifting towards 50. Considering most French also don’t want to rely on immigration (not that the country is attractive anyway), I guess they are either planning to force people to make kids at gunpoint or are strongly in denial.
Don’t hesitate to explain who is this mysterious "they" who are apparently responsible of everything wrong in the country.
I've existed here long enough to see those that claw themselves to the top, and they are nearly all without fail a combination of psychopaths and narcissists and they will conspire to increase their power and self obsession. I'm very sure you've bumped into them at some point in your life.
The problem is that most of the people are weak and passive and they can not compete against this "they", the majority don't have the will to do it individually and our collective will is either captured by the "they" or kept divided.
It is legal for Americans to fight for another country, unless it's against the US. In fact the US government said they can't intervene if one is forced to do compulsory military service abroad. It gets complicated fast:
https://travel.state.gov/content/travel/en/legal/travel-lega...
Nope. It depends on countries (and mood of the year).
Some countries allow to become mercenaries and forbid voluntary fighting for a foreign nation. Some countries allow to voluntary fight for a foreign nation and forbid to become mercenaries. And so on.
France even has the French Foreign Legion...
Which is... the complete opposite of fighting for a foreign nation since it's part of the French army. You can allow foreigners in your army while at the same time making it illegal for your own citizen to join foreign mercenaries
The problem is that government us terrorism scaremongering to justify erasing citizens rights. It's completely valid to be anti-terrorist and prefer alternative choices to fight it.
For example, in my country, both polices and tribunals are severely under provisioned. I'd start with imroofijg those budgets before passing surveillance laws.
What alternative choices? France suffered multiple highly deadly attacks on it's soil, including two with 100+ graphic and violent dead. What alternative choices are there to prevent them outside of mass surveillance, infiltrating potentially radicalising religious institutions and shutting them down, arresting members of outwardly radical groups stockpiling weapons and materials for explosives (all things the French government is doing).
"We gotta auth because there are no alternatives" has been used time and again in history to commit atrocities.
---
Like it or not, People don't just go around committing terrorist attacks everyday. I, for example, and many people I know, have plenty of equipment to do so if I wanted to (multiple firearms, potential explosives etc), but why would I?
They have not been any evidence of criminal activities by those people. So far, all what they have against them is "they are protective about their privacy".
That's a terrible reason to arrest and maintain people in jail.
A crime is not something you evaluate morally. It has a very narrow definition that is codified by each society it is been judged in.
I am not familiar with French law. Is that literally a crime or are you saying it as an expression?
I don't care if "quite 100%" of unionized people are in unions that were against the pension law, it doesn't tell anything reliable about their support. They mainly followed what the union told them. Same with polls, I don't care what they say as they are easily oriented, interpreted, ignored or promoted depending on opaque support from influential actors.
If only there was a reliable way for people to express their support and have some influence on who gets to rule... Hmmm, like votes and elections, maybe?Maybe we could call that democracy. We would equip it with super-rules, aka a constitution, that would define "democracy" with actual laws. Using the laws from the constitution isn't "twisting it". The ones doing some twisting are those who provoke massive outrage about something perfectly constitutional. There was a vote ultimately (actually several votes), called motion de censure, and the deputies against the reform couldn't form a majority. And I don't care it was only missing 9 votes, all the rules were followed. If you don't consider the rules should be the decider, then rules are meaningless. Then why bother with a constitution?
It's nice trying to think about how the constitution could define democracy differently that in the current one, but if you think that polls and unions should be part of the definition, it just doesn't make sense. The 5th republic was a response to the political instabilities that plagued France in the wake of the 2nd war, probably not helping France get a consistent stance against Nazi Germany. I don't see why it's attacked today, apart from some opportunistic reasons from actors with questionable and vague alternatives.
You are bundling many weak points together to make up for an actual strong one. "Many people are afraid to protest in France now.". Really? That's somewhat funny because according to unions, millions of people recently protested in France, for weeks. Are you sure you're not confusing with Russia? Protesting in France is not going anywhere, and outside of some twitter disinformation campaigns, people are more afraid of bad and violent actors mixing with the protesters, breaking and burning stuff, provoking police, than the police itself. Of course police is also guilty, their response can be completely inappropriate. But even then, is that because Macron is president? Do you think he personally orders the police to be violent? Why? I don't think he has anything to gain from increased police violence, as it's used against him by his political opponents. Attempts at forming a police brigade specialized against violent actors is possibly counter-productive. But what are you supposed to do when hundreds of people determined to burn something down for whatever political reasons are exercising power from violence and intimidation? And completely free from consequences? Are a few hundreds of radicalized people going to dictate what is allowed in a whole country? I don't know what the response should be, but it can't be giving up or blaming police every time.
Finally, I'm not sure where you heard about pressure against journalists from Macron, spying laws against them, or "terrorist" laws, but I'd be curious to know.
There are different election in France, including professional election, where you basically vote for a union that will represent you while you are not necessarily unionized.
Note that in 1789 our system would not be called a democracy, but a representative system. Note that Russia our Turkey have regular elections and a nice constitution. Of course I am not comparing France with those 2 countries, but it shows that election and a constitution elone are not enough, and that is the only thing you are mentioning.
France is not Russia of course, but I am often afraid in protest(being several time attacked by the police while peacefully demonstrating), and some of my friends did not joined me at some protest because of fear of the police. And we've seen negative change on how police handle protest under our last president (Hollande), but even more under Macron's rules. Germany, birthplace of Black Bloc, use less dangerous weapon and very different technique (based on deescalation).
About pressure against journalists, for sure we are not in Russia ! but there are regular alarming things... Twitter feed from Societe des journalistes or societe des Redacteur of mainstream newspaper can be a good source of information. Here just 3 random bits: https://www.telerama.fr/debats-reportages/l-espionnage-des-j... https://www.lemonde.fr/actualite-medias/article/2023/05/10/m... https://rsf.org/fr/petition-les-citoyens-ont-le-droit-de-man...
To appease the Turks I assume?
You need wider range, more chaos, but mainly consistent spoofed behaviour.
If you want to call "authoritarianism" the basic rule of law (as in: do not block traffic, do not prevent shops from opening, do not prevent public offices from offering their services...) you are welcome.
By the way, a pet peeve of mine, having always voted for the centre-left, I never appreciated how authoritarianism is generally considered an expression of the extreme right, while history shows that dictatorship was the evil of both extremes.
> You don't seem to care about people their freedom
I do care about the freedom of all people, and that is why I detest when protesters use violence (which is wrong) in order to gather attention for their point (which may be right).
> minority who have the balls to standup against a small elite who have all power.
I respect your opinion, even if I don't share it.
Here we have "fiery but peaceful protests" but in France it is a fundamental breakdown of the rule of law?
I don't agree. France is as wonderful as it is because revolution was successfully completed long ago.
France is big enough. Having to avoid a few square kilometres around the president will leave you plenty of space to organize your protest.
And that's why the public space must be made available for protesters, it's part of the life of a sane democracy. Public space and free press are sufficient if you have a point that matters to other people.
But if you feel the need to hijack another event in order to get people's attention, maybe you don't have a valid point to start with?
he increased the pension age because people are getting older and the state will not be able to afford it? wow what a crazy dictator
Are you just repeating a common cliche while not knowing much about the situation?
So yes, unilaterally deciding to raise the retirement age, which doesn't actually fix anything, without having a vote, without listening to the protests, is neither mild nor democratic.
And thats without mentionning the use of abuse of administration prohibitions towards anti-racist associations and environmental groups.
After all, they broke the law and since it's the law then clearly the government had full legitimacy... right?
Next, you should be defending the "Code Noir" https://en.wikipedia.org/wiki/Code_Noir That was also the law at some point and only affecting a minitority of the population. The suffering of anyone in society shouldn't interrupt your daily life as any act of revolt is illegal and therefore illegitimate.
Are you even French? "Liberte, Egalite, Fraternite" unless it inconveniences my day-to-day.
https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...
Nine EU countries made similar rules, though I don't know how many still have it in effect. Any citizen/resident of Denmark is still prohibited from going to the conflict zones of Syria and Iraq.
E.g. if the law says "murder carries a penalty of minimum 5 years and maximum 30 years imprisonment", then a judge cannot give a sentence of 4 year or of 40 years, even if they personally believe this to be a "better" sentence.
Taking your example, what constitutes murder and minimum and maximum penalty are defined in "broad strokes", and the judge gets to define "in this specific case that person is guilty in a way where they should be sentenced to X years", and that becomes law (IIUC scoped to their jurisdiction), progressively refining and tuning the whole system, because the next judge faced with a similar enough case would be bound by it. The lawyer game is then to argue whether the current case is close enough to a previous one for the previous ruling to match (and thus tying the judge's hands). A thoughtful US judge would consider both the case at hand and the implications of being law-generating when issuing a ruling.
The law is the law, if it's unfair it gets changed.
Having the judge "making it up" as he goes, and then another judge using that sentence 120 years later as precedent like in american courts sounds insane
"Precedent" is a way of saving the time of courts and lawyers, by not having to argue the same details every time they come up. And it's not as if every court judgement becomes a precedent; only higher courts can set precedents, and they can only be overturned by higher courts still.
I think this is a reasonable way of approaching justice.
Like, this is paradox of tolerance stuff. How do you prevent bad actors from taking advantage of your permissiveness and liberal laws? I'm not saying france is in the right to detain someone for using a simple app, because they aren't, but that this action is on a spectrum, and everyone from governments to your local forum admin is desperately trying to find the right point on that spectrum. So what do you suggest?
If your answer is "don't try to stop the terrorists", then you should understand that human society really hates random violence that isn't "normal", so unless you have some way to make innocents dying for no reason "normal", people will give up any freedom to fix that. Maslow's hierarchy of needs isn't good science but people's desire for "safety" is a very very strong desire.
a free society implicitly accepts this as a risk-reward in order to maximize freedom, therefore a social contract.
and the social contract boils down to a government's obligation to secure its citizens (dependent on the boundaries of the implied social contract and what its participants agree to), and whether or not the balance between security and freedom is agreeable for parties involved.
constantly advocating for more security, at all costs, in order to stop "the bad guy", and then presenting a straw man to rhetorically justify it by asking: how else do we stop the bad guys, is authoritarian, anti-freedom, and patronizing.
freedom has an inherent risk of, well, freedom.
law was a construct designed for accountability, not deterrence, nor prevention because its [modern] philosophical (post french revolution) motivation is centered around optimizing for freedom (ie: political liberalism) and recognizing that actors will act -- it just attempts to add the checks and balance idea which attempts to ensure (that is, uphold a social contract), that bad actors are held accountable for their (free) actions.
you'll never be able to magically "legislate" away bad actors, but you can certainly attempt to "control" them, which presents a very, very large slippery slope of positive and negative definitions, and nuances around objective suspicion and other faculties used for discernment w.r.t. bad actors -- all of which directly violate the philosophical (US) notion of innocence until proven guilty, and very much so move away from any kind of scale where freedom is (attempted to be) balanced.
if you want freedom, you can't just erode the social norms built on foundations of trust, agency, and liberty in order to prevent bad actors from acting freely -- what you're calling for is not a free society by definition, because it seeks to mitigate and or prevent agency before it happens (reminds me of Minorty Report), which is restrictive and anti-thetical to freedom.
freedom comes at a price. freedom is (not) slavery, and i have no interest in participating in a social contract that binds me to chains through freedom risk-averse framings of governance.
Like joining the Taliban ?
Those in favour went from 70 to 50% over the course of 5 months, opposition tripled, strong support went from 50% to 20%.
And while not supporting the Gilet Jaune mode of action anymore, people still strongly supported and support the main ideas they pushed, like Citizens' initiative referendum, or the Solidarity tax on wealth
Imagine how successful they could have been if they had behaved as civilised people from the beginning! I personally like some of those ideas, but I'll never trust people who think that violence is justifiable.
The only polls that matter are elections. Apart from elections, people have the right to avoid any poll without risking any policy change.
And to be clear, I'm not saying pure polling driven policy is the solution, but saying politician should outright ignore them because not legally binding is a very weird stance.
2) Democracy is not just voting every 5 year for a president and a parliament
There is more to democracy than a vote every 5 years.
Consent of the governed: "Government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised."
The founders of the United States believed that the government of Great Britain should rest on the principle that government depended on the consent of the governed and that any government not based on that consent could be justifiably overthrown and replaced.
Pretty sure revolutionary France abides by the same principles.
Many current problems stem from the fact that post-war mechanisms written into the governmental system are abused by the president and elected leaders. E.g. presidential overruling of parlamental votes.
First, this is not "well-educated French acquaintences" so much as it is supporters of Melanchon's LFI political party, who explicitely campaign on the idea of ending the 5th republic to start a 6th where all problem would be magically solved.
Second, the reason I hate his proposal, is because he explicitely refuses to give any specific detail on what the 6th republic would be. He claims it would be "decided by the public" but there is no reason why a pre work couldn't be done BEFORE. In effect, he pretends to be saying "we will end the 5th for a better 6th", but what he's actually saying is "let's end the one we have now instead of fixing it, and replace it with something I will have the power to decide, you must accept to throw it away without knowing what you will get in exchange or how it will be made but trust me it will totally be better and I will totally let the people decide".
Our 5th republic might be flawed, but I'm not putting it in the trash without any idea of what we will get in return, that's brexit referendum level of flawed.
And I will always be weary of someone who claims to have a simple solution to a complex problem, on the condition that I give him power over me, especially if another condition is that I cannot know what said solution is before making my decision.
Third,
> the 6th in its history
Would be the 6th republic sure, but absolutely not the 6th "system of government", it would be like our 25th or something ?
It was one of the most important and most protested reform of the last decades and the president / government used every constitutional breach they could to avoid any vote from people's representatives.
Charles de Courson, who tried to force the vote by proposing an abrogation of the law to the parliament is not really a leftist, he was even going to vote himself in favor of the reform.
We, the French, elected a parliament where Macron didn’t have the absolute majority and Macron tries everything he can to avoid the parliament when he know he will not have enough votes. It’s a democracy crisis wether you are from the left or from the right because Macron is interpreting the constitution like he can dismissal the parliament when he wants although most French didn’t vote for his party.
I assume they were alluding to the fact that the current French state is called the “Fifth Republic” but there were various non-Republic regimes as well so it would actually be more than the 6th “system of government”.
It was ripe to burn since 1958.
It includes titles like L'Agonie de la IVème République (Agony of the Fourth Republic), La fièvre hexagonale : les grandes crises politiques de 1871 à 1968 (Hexagon Fever: Major Political Crises from 1871 to 1968) and a pretty good biography of de Gaulle. It's from that book that I learned of all the craziness of 1958, the one that involved general Salan (who would be sentenced to death a few years after that for trying a coup against de Gaulle) and all.
[1] https://www.amazon.fr/Gouverner-France-Michel-Winock/dp/2072...
It should be noted that some of the main people who called to view it as a coup were people from other parts of the political spectrum who had other ideas of how it should happen and who should end up in power, including Mitterand (who ended up president of the 5th in 1986). These people however were also for the end of the 4th.
In France, we almost only hear about other countries politics when there is a chance for a far right party to gain something. As far as all other domains are concerned, we may from time to time get a funny/shocking miscellaneous news item, and that's it.
Also, images/stereotypes about a country last a long time, long after they have stopped being true.
Ironically, perhaps the only emitting country that differs a bit is... the USA, for probably most countries over the planet are flooded with information and contemporary culture from the USA.
For example, to get back a bit to the original subject, people may know the American police and justice system better than their own. Like, French people when they are arrested would believe that they have enforceable rights and that rigorous processes are respected. Ah!
Once, in custody, I even had the impudence of requesting a lawyer as I was allowed to. LOL, no way. And it is not simply a problem of a rotten police: the prosecutor, the judges, they are all covering this up, it is the whole police+justice system which 'works' like this.
unless we are talking about handling a national crisis, or avoiding a US-style shutdown, then avoiding a vote may be legitimate under specific circumstances.
but I doubt pension reforms fall under national emergencies
The largest jurisdiction like the Federal judiciary, for example, have the Federal Sentencing Guidelines which have a strict point system for criminal sentencing where judges have little discretion due to a Federal “tough on crime” wave.
It really depends on the subfield of law and the vagueness of past legislation.
Which really makes me wonder, how the hell to even professionals keep track of that? For regular stuff you literally can have thousands of relevant cases going back centuries as "precedent" to build on.
I think you're sugarcoating the statement. Any type of authoritarianism is bad, would you mind elaborating why AfD would be worse than what Orban or Duda or even Erdogan are doing to their countries?
2/3rds of AfD supporters claim to be doing it as a protest vote. And that they don't support the AfD. Just like with brexit.
There's still time for an alternative before all of Europe goes in with fascism again.
That is somewhat funny/punny, since that is (as you're probably aware) literally in AfD's name: Alternative for Germany (Deutschland).
You don't vote for proto fascists as a protest vote. Especially not when you're German.
> There's still time for an alternative before all of Europe goes in with fascism again.
AfD => fascism. Argumentum ad Hitlerum basically. Does Germany really need more migration? More identity kamikaze? More publicly financed propaganda (ARD, ZDF, DW, plenty "N"GOs)? More provocation towards Russia for no god damn reason? More climate hysteria (and the unevitable destruction of enviroment for it)?
Which party would you choose instead? They all stand for the same thing with different velocity except ... yeah, exactly.
Also, while I don't like the people in the AfD, they are still mostly the former right wing of the CDU/CSU, which is not comparable to Orban. CDU/CSU can blame itself for mismanagement.
But you cannot blame them for the violence in the protest they co-organized. People are free to attend the protest, and they cannot control them. They never called for violence against police. And most protest now in France have some people fighting with the police.
The same way you can see firefighters throwing stuff (including petanque ball) to police during firefighers protest. But you cannot blame the firefigheter union for this.
And if they put their label on it it's their responsibility.
This seems objectively reductive and represents ideological beliefs as objective facts.
Maybe the masses are upset and this is a sign of things to come, that should be listened to.
Protesting for the survival of the planet we're all living on is not a crime it's a necessity to not go extinct.
Do you know how many problems in America regarding human rights stem from qualified immunity? Don't let that BS keep spreading.
Just wondering if your reasoning is based on logic or political sides.
But for sure I do blame Neo-Nazi for being Neo-Nazi !
While I won't argue with the fact that these are indeed formidable missiles, it does make for a unique French touch.
The total value of items destroyed has been estimated to be about 8 million by the French state. While not a small number, I haven't seen the antiterrorist police be sent to the FNSEA's headquarters for their history of violence and destruction ever since 1960. It is part of their methods ever since their inception, but greasing some palms high up in the government certainly helps.
>And given the sort of stuff they brought to their protests: swords, machettes, baseball bats, jerrycan, bricks, fireworks, petanque balls, Molotov cocktails, fire bombs, etc, it is particularly disingenuous to pretend they have been dissolved for not talking to the police when arrested.
Violence. Is. Caused. By. The. Police. None of these, not a single one of these items were used until the police started indiscriminately tear gassing thousands of protesters, the vast majority of them peaceful. Five thousand grenades and weapons classified as war weapons used on protesters. Half of the items you mention were taken by the police with roadblocks more than twenty kilometers away. Sorry for driving with petanque balls in my trunk, I guess.
>You can read the actual decret in French: https://twitter.com/GDarmanin/status/1671450289298198528
Sure, let's read the sexual abuser, the national-socialist-journal-writing sack of shit's declaration. One part in particular is very interesting:
Considérant d'autre part que le groupement SLT diffuse a ses membres et sympathisants, via ses réseaux sociaux, des modes opératoires directement inspirés de ceux des <<Black Blocks>>; que parmi ces préconisations figurent le port de tenues interdisant leur identification par les forces de l'ordre, en contradiction avec les habitudes des militants écologistes de manifester a visage découvert, le fair de laisser son téléphone mobile allumé a son domicile ou de le mettre en <<mode avtion>> en arrivant sur les lieux de la manifestation pour éviter le bornage, le fait de ne pas communiquer les codes dévérrouillage de l'appareil ou de ne pas répondre aux forces de l'ordre en cas d'interpellation; qu'y figurent également des consignes d'ordre médical <<en cas de nécessité d'hospitalisation, dans la mesure du possible, se rendre dans un hôpital éloigné de l'action, rester flou, ne pas donner son identité, prévoir de l'argent liquide>>; que par ailleurs est préconisé le port du masque FFP3; de lunettes de protection contre les gaz; ...
For the HNers that to not have the privilege to read the beautiful language of the country of Human Rights, where protesters get arbitrarily arrested in the hospital and in their homes, this is a translation of how they justify being a single step below "declaring ecologist protestors an actual terrorist group":
Considering that the SLT group spreads to its members and sympathizers through social networks, operative modes directly inspired from those of <<Black Blocks>>; that amongst those suggestions include wearing outfits preventing their identification by the police forces; in contradiction with the habit of protesting with their face out usually had by ecologist protestors; the fact of leaving their mobile phones turned on in their homes or to put them in airplane mode when arriving at the protest to avoid triangulation; to refuse to communicate their passwords or to refuse to respond to the police when being arrested; that also contains medical related orders: <<in case of hospitalization, as much as possible, go to a hospital far away from the action, stay quiet, do not give your identity, have some cash>>; that wearing FFP3 masks and gas protection glasses is recommended...
Want to add some more ? Sure. They arrested an EELV member that was not present at any of the protests. Why ? Because he left his phone at home and used it in airplane mode. https://twitter.com/marinetondelier/status/16714362394494935...?
Couldn't find any source online except for this comment. Might be because of tranalation though.
It's obvious violence must have existed from both side. It's a bit obvious you're from the far left, just be neutral.
It's completely unacceptable for any police force to use "crowd control" devices that are explicitly disallowed in warfare under the Geneva Accords. Full stop.
The French Revolution paved the way for just about every pro-worker reform in the modern world.
to be fair, the emperor climbed on the throne pretty much on his own; I think he had support across broad parts of the population, but it's not as if he was elected (and he didn't even start as an emperor, that came a few years after his coup)
> I did not steal the crown. I found it lying in the gutter, and I picked it up with the sword. But it was the people who placed it on my head.
The man was massively popular with the populace [1] [2] and he got elected emperor with a referendum [3] to which 7 million people were called. By modern standard that barely qualifies, but for an emperor in 1804 ...
A common misconception was that the revolution was to remove the all powerful head of state. It wasn't, the people just wanted a competent one and improved living conditions.
[1] https://www.reddit.com/r/AskHistorians/comments/277eu3/why_i...
[2] https://www.reddit.com/r/AskHistorians/comments/gli6nn/consi...
[3] https://en.wikipedia.org/wiki/1804_French_constitutional_ref...
Oh, come on, as if that were a thing so common that there had been a specific word for it for nearly 200 years.
You're absolutely right that there are definitely some people who want a 6th republic but do not vote or agree with LFI, but for the sake of generalized conversation like we're having now they're mostly irrelevant. If it were to happen, it would be through him and his "vision", and as such I maintain my critics.
Beware of what you want for you might just get it.
Just believe that the country is "ripe for it" because of repeated abuses of the, exceptionally large for a western democracy, presidential powers.
But people have been dissatisfied with that ever since the last constitution was enacted. Including, famously, Mitterrand, who despite his many earlier criticisms (describing the 5th republic as "Le Coup d’État Permanent" [1], which could be translated to "The Continuous Coup") was prompt to fully enjoy those powers once elected himself.
So it’s quite old.
[1]: https://fr.wikipedia.org/wiki/Le_Coup_d%27%C3%89tat_permanen...
I am probably not the only one.
Citing Slavery Project did an analysis and found 18% of all current cases in courts either quote slavery rulings or are less than 2 steps removed (quote a ruling that quotes the slavery ruling).
> The law is the law, if it's unfair it gets changed.
That's the part that doesn't match reality.
I mean Spain recently had a big case related to a group sexual assault. Society was up in arms about the ruling (minimum sentence was 1 year, max was like 6)
So the law was amended and now sexual violence has a maximum sentence of 15 years which is more in line with other european countries.
And on top of that you have a window for sentencing. So if murder is lets say 4-20 years in jail. And you were drunk, that makes it worse, but it was not premeditated, and this and that it all adds up and you might 6 years or you might get 18 depending on the circumstances.
This also allows the law to be rewritten from scratch instead of being based on whatever higher court thought in the 1800s.
You do; but that's not actually what I was thinking about. That's just about sentencing, and here (the UK) sentencing doesn't fall within the purview of precedent; there are sentencing guidelines set by senior members of the judiciary.
I was thinking of actual points of law, such as what constitutes unreasonable behaviour, or whether possession of some quantity X of illegal drugs is conclusive evidence of intent to supply.
> whatever higher court thought in the 1800s
It's open to higher courts to overturn precedents, if they've become outdated to the extent they no longer make sense. The very old precedents are presumably precedents that make so much sense that nobody has successfully challenged them. If someone runs into an adverse judgement based on an ancient precedent that is unsupportable, no doubt there's some barrister that would like to make their case (and their reputation) at appeal, by overturning it.
In Roman judiciary those are usually part of the law as written. So instead of having a law about "unresonable behaviour", you have a law explicitely stating that "making noise above X db at night is illegal" or "drinking in the street is illegal" etc. So the idea of what constitutes intent to supply is based on quantity, anything below X grams is personal use etc.
And you can always add aggravating circumstances that "promote" a crime, so you can have such thing as intent to supply counts having drugs and X amount of money on you, or X amount of drugs and leaflets saying you sell etc. In other words you can explicitely state the kind of things judiciary precedent would probably take into account ahead of time.
> The very old precedents are presumably precedents that make so much sense that nobody has successfully challenged them.
Or the higher courts have not taken a case that challanges them. I am not sure about the UK but in the US, the supreme court pretty much picks their cases which means they can arguably allow for dangerous precedent to stay as long as needed by avoiding cases they know would present a resonable chance of overturning. Or equally dangerous oversee cases that maliciously try to overturn positive precedent.
Also the process is slow, tedious and many times expensive. Going back to Townshed v Townshed, it is a case where a will was overturned because a man freed his slaves and his family said that was proof he was mentally unwell to change his will. This, again, is still being cited when overturning wills or when contesting changes late in life. I cannot possibly imagine a more obviously outdated precedent than a judge thinking freeing slaves means you are insane, and yet...
Citation needed of self-defence killings im France being prosecuted passionately and unfairly.
After that remark became massively controversial he attempted to walk his statement back and claim that he just meant that he said he was against the presumption of self defence (which seems to imply he supports a presumption of guilt in self defence cases).
https://www.europe1.fr/politique/oppose-a-la-legitime-defens...
Basically every country in the world that has somewhat stable law and order has a history of prosecuting dubious self defence cases. The requirement for the state to have a monopoly on violence might sound edgy, but it’s not a controversial idea, it’s a requirement for being able to enforce the law. Self defence is an almost universally justifiable reason for a person to violate the monopoly, and it’s not hard to understand why government agencies can end up viewing it as an existential threat, not to the country or its people, but to their own institutions.
For example, this is professor Wael Hallaq of Columbia University describing some defining characteristics of the modern state:
"there are five form-properties possessed by the modern state without which it cannot, at this point in history, be properly conceived. These are:
(1) its constitution as a historical experience that is fairly specific and local;
(2) its sovereignty and the metaphysics to which it has given rise;
(3) its legislative monopoly and the related feature of monopoly over so-called legitimate violence;
(4) its bureaucratic machinery; and
(5) its cultural- hegemonic engagement in the social order, including its production of the national subject"
90% of self defense cases end in the tribunal, meaning that the judges saw it as not-self-defense. The biggest factor in all this is proportionality: if you killed someone in self defense but were not yourself having your life threatened, you will go to court.
David Runciman has an excellent explanation of this in the "Talking Politics" podcast which I recommend unreservedly: <https://play.acast.com/s/history-of-ideas/weberonleadership>
(Specific segment occurs ~15 minutes in.)
https://en.wikipedia.org/wiki/France_and_the_Rwandan_genocid...
Absent this, one of three conditions exist:
1. There is no monopoly. In which case violence is widespread, and there is no state.
2. There is no legitimacy. In which case violence is capricious.
3. Some non-state power or agent assumes the monopoly on legitimate violence. In which case it becomes, by definition The State.
You might want to consider what a "state" which lacks a monopoly on the legitimate claim to the monopoly on force would look like. To what other entity would it cede that legitimate claim, and/or how would it prevent other entities from enacting capricious violence, as has occurred from time to time in the world, and even now.
The state's claim is to legitimacy. A capricious exercise would be an abrogation of legitimacy
Weber, Max (1978). Roth, Guenther; Wittich, Claus (eds.). Economy and Society. Berkeley: U. California Press. p. 54.
<https://archive.org/details/economysociety00webe/page/54/mod...>
The "monopoly on violence" or "monopoly on force" short-hands are a much more recent emergence, and seem to originate with Murray Rothbard (1960s) and Robert Nozick (1970s), though widespread usage of that phrase really only begins to take off after 1980, per Google's Ngram Viewer: <https://books.google.com/ngrams/graph?content=monopoly+on+vi...>
That shorthand has become quite popular, and is often cited by Libertarians as key to their adopting that particular ideology.[1] As expressed by them the formulation is both incorrect and misleading.
________________________________
Notes:
1. E.g., Penn Jillette, <https://www.newsweek.com/penn-jillette-how-became-libertaria...> and Charles Koch <https://www.newsweek.com/penn-jillette-how-became-libertaria...>.
No better than the gang laws we have here in the US. It seems Jefferson's rule about 200 years or so between revolutions was right after all.
Taking that into account, one could have reasons to believe cops wouldn’t be as tough on protesting fascists, and that protesting fascists wouldn’t be as violent towards cops.
Though I’d be curious to see wether or not facts support this hunch.
I think arguing about the accuracy of labels like "nazi" or "fascist" is a bit beside the point. You and I both know the people calling the AfD fascist or nazi won't suddenly like it better if you can convince them they don't meet the exact definition of fascism or are identical to the historical National Socialist Democratic Workers Party. It's clearly more about a vibe, but that is also true for the AfD's own political ideology (and yours, apparently, if you think "identity kamikaze" is 1) a thing that is happening and 2) something to be seriously concerned about). Incidentally the NSDAP also had different factions including Strasserites, who imagined a more proletarian-led economy and people who thought having homosexuals like Röhm around was acceptable, at least for utilitarian purposes. Incidentally, most of those were murdered by the rest once the NSDAP actually got into power. Such is the reward for being progressive in the far-right.
There is a large undercurrent of reactionary hateful views in German politics that usually hides behind the fig leaf of "conservatism" but has become more visible thanks to parties like CSU openly copying AfD talking points and "liberal" media being unequipped to handle them in any other way than giving them a platform and hoping that the "marketplace of ideas" saves the day. Of course as we now know from experience, "rational debate" is impotent in a "post-truth" environment.
It's a widespread misconception that Germany got rid of all the Nazis and Nazi ideology during the so-called "Denazification" (Entnazifizierung).
While there were formal reviews of the innumerable former NSDAP members to determine their ideology and behavior under Nazi rule, only the most blatant offenders faced any consequences and it was demonstrably easy to "cheat" (i.e. we now know based on a better understanding of historical records that some people were able to hide very incriminating evidence of their involvement in e.g. forced labor and Jewish persecution) and any undesirable rulings could be appealed to offer another opportunity to "correct the record" so to say. As a consequence, many Nazis saw no real consequences and even ended up in the same positions of power because their job experience made them the most qualified (and "innocent until proven guilty", right?).
Additionally, many former NSDAP members went on to continue working in politics. Of the parties still relevant today, the conservative CDU/CSU received the lions share of them, in addition to those formerly associated with the likewise Christian "center party" which while ostensibly "politically moderate" was one of the driving forces in the rise of the NSDAP and the passing of the Enabling Act dissolving the democracy.
In East Germany, likewise many former NSDAP members ended up in the equivalent of the CDU/CSU (known as CDU in East Germany at the time and CDUD or Ost-CDU in West Germany), the NDPD and the LDPD (the East Germany equivalents of the market liberal West German FDP, the NDPD explicitly being created to target "unimpacted" ex-NSDAP members and siphon off conservative voters who would otherwise have supported the CDU or LPDP), all of which continued to exist as an executive organ[1] of the ruling unity party until 1989.
It's also worth pointing out the East Germany was even less rigurous in its "Denazification" (Stalin ended the program in 1948 insisting that it was time to stop distinguishing between ex-NSDAP and non-NSDAP and instead focus on growing democracy) and the SED was uniquely ill-equipped to deal with neo-Nazis when they arose, previously already having viewed "unimpacted" NSDAP members as politically confused rather than genuinely dangerous. For some it was literally impossible to imagine neo-Nazis could exist in East Germany because they saw the rise of the Nazis as a response to capitalism and East Germany was supposed to be non-capitalist[2]. For this reason, East Germany was however (like the USSR) quite successful at fighting other leftist currents, which were seen as misguided or even "capitalist" (as the only valid form of anti-capitalism was clearly that practiced by the government and opposing it therefore must be capitalist).
So in essence Germany has never weaned itself off fascism, really. While Germany has become generally more progressive compared to the 1930s, in some ways it is also still less progressive than it was during the Weimar era. A lot of leftist politics also died even before the suppression under the Nazis, the suppression under the SED or the suppression under the Cold War era anti-communist West Germany: while many know about the in-fighting between the SPD and the USPD after WW1, culminating in a massacre at the hands of monarchist paramilitaries, there were also numerous other leftist mass deaths such as the two(!) socialist republics in Bavaria, which eventually also fell victim to the monarchists.
In other words, it shouldn't be surprising that we still have monarchist terrorist groups (Reichsbürger) treated with more bewilderment than horror, whereas the closest we have to leftist activism is moderates gluing themselves to public roads to demand incremental climate protection legislation, and two so-called leftist parties that hate each others guts and one of which has almost fully embraced neoliberalism (the SPD implemented the neoliberal reforms of weakening labor protections, social welfare and medical care some 20 years ago).
The AfD is a protest vote in as much as Trump is a protest vote. They're not something you usually bring up in polite conversation but they have easy answers and push all the right (wing) faux-populist buttons.
[1]: Point of pedantry: East Germany quickly established a system with a single ruling party, the SED or "socialist unity party". However the CDU, NDPD and LDPD continued to exist as "block parties" and began increasingly aligning themselves with the ruling SED. The "block parties" were infamously nepotistic and provided a relatively easy path to political power and privileges compared to the dominant SED.
[2]: Point of pedantry: East Germany was not "communist" although it was at times framed as "Stalinist". East Germany instead eventually used the label "real existing socialism" (along with some other Eastern block countries) which was intended to frame anyone left of the ruling party as "utopian" and unserious. This "it's already as good as it gets" position is distinct from other so-called "communist" countries which often used the term aspirationally, claiming they would eventually achieve the communist ideal after reaching a tipping point (allowing the state to "wither away"). Both are distinct from anarcho-communists who would argue that if you try to build a state to achieve communism, "real existing socialism" really is the best you can hope for because states don't wither away voluntarily and you can only grow communism from the ground up (cf. prefigurativism).
1. We had a convention citoyenne pour le climat. Macron then mostly ignored it.
2. We have elected representatives who can vote on the laws for us. Macron then used article 49.3 to mostly ignore them.
3. Vote? For which candidate? None of them would cover all of the GJs' demands.
If you disqualify protests as a valid form of democratic expression, you also disqualify our famous revolution, the feminist protests that earned women the right to vote, the union strikes that earned us many worker rights, etc.
> I'll never trust people who think that violence is justifiable
Ah, that explains it. You only see violence in protesters who break windows, not in governments who enact laws on their people. Am I correct in assuming that you're ok with making people work 20 hours/week for the RSA as well?
The reality is: talking about CO2 emissions is talking about economy. That is the main job of the government.
> 2. We have elected representatives who can vote on the laws for us. Macron then used article 49.3 to mostly ignore them.
Macron did not ignore them. 49.3 means: "I'm ready to go on this point; are you ready, too?". And, by the way, you do remember that Macron was elected, too, do you?
> 3. Vote? For which candidate? None of them would cover all of the GJs' demands.
So what? This is democracy! If you can't, or don't want to, found your political movement, then you have to choose among the available candidates. Do you think Macron's program matched exactly my desires?
The revolution, the feminism and the union strikes were expressions of people who were oppressed and on the receiving side of violence. Gilets Jaunes was none of this.
- peaceful protest or "convention citoyenne" are not and should not be efficient
- We don't care what the vast majority of people want, and we don't care about the parliament.
- The only thing we should care is what think the President. The one who got the support of barely 20% of the French population on the first round, and them got elected on the second round because people voted against the far right... In a "presidential Monarchy"
What a nice conception of "democracy"
A government trying to manage a country has a ton of compromises to make every day; I do not expect to be happy with every one of their choices, but I think the current government is doing OK.
On the other side, I fail to see how breaking a window can solve the problem of the protester.
> If you disqualify protests as a valid form of democratic expression
I'm afraid you confuse protest with violence. The ability to protest is fundamental for a democracy to stay a democracy, but protest must not imply violence and, especially, expressing your point does not make it automatically right.
When even journalists from le Figaro (right wing newspaper) have to protest brutality against journalists.... the violence is only coming from the protester ?
In France the only way firefighter got heard the last few times, after month of peaceful protestation, is by doing violent protest, including throwing heavy thing on the policeman. Then the government accepted to negociate with them. If you don't use violence in France, in many case you don't get heard at all.
Gilets Jaunes, aslo because of their violence did manage to get the government to made some concession.
Millions of French people (more than Gilets Jaunes at their peak) marched several times peacefully against the recent Pension Law, supported by all the trade union democratically elected, supported by more than 70% of the population and more than 90% of the workers. Nothing happen. No concession. Not even a vote in the parliament.
For sure sometimes violence is efficient, sometimes violence in counter-productive. Justifiable ? that is something else...
This is increasingly the case as far as UK criminal law is concerned, I think; also to an increasing extent in matters of marriage and children.
But in family law, there isn't much room for talking about precedent, because for many decades Family Court proceedings have been strictly secret. It's now opening up, slowly.
Contract and property law are rooted in custom, i.e. common law; it seems to me that it would be impossible to write down a contract law that didn't have an infinite number of cracks and corner-cases. Do judiciaries that don't have precedent have to re-litigate all those corner-cases from scratch every time?
> This seems objectively reductive and represents ideological beliefs as objective facts.
No, you just didn't liked that thing you like got attacked for the thing they did and are making up excuses.
Yeah, they "accidentally" carried swords, firebombs and molotov cocktails to a protest. It was an honest mistake, right? I mean, those are normal things people carry around on a daily basis, aren't they?
Technically, it "is on" whoever objectively plays a role in the underlying causality.
You "may" be referring to your perception of what is going on, as opposed to what is actually going on (which is unreachable).
>> This seems objectively reductive and represents ideological beliefs as objective facts.
> No, you just didn't liked that thing you like got attacked for the thing they did and are making up excuses.
Except I have the ability to describe the various ways in which it is (at least plausibly) objectively reductive and represents ideological beliefs as objective facts, whereas you have a much harder problem: proving that you can actually read my mind (or, are omniscient).
Ah yes, the current political Trojan horse.
There is nothing Macron that is left leaning, relative to France politic spectrum.
Sarkozy, his most alike predecessor, used to wear a t-shirt that said "NYPD" while jogging, as he was president of France; and later renamed his party "Les Républicains" as an hommage to US Republicans (!!?!)
This was 9 years ago, so right before Trump happened. At the time, 53% of party members thought it was "too American" but they accepted the change nonetheless.
Macron pushes through "liberal" reforms (liberal in Europe means the opposite as in the US: liberals here are free-market proponents) because he thinks it will make France great again, I guess.
Running away is a good idea for many reasons, but very few US states or foreign jurisdictions have a duty to retreat as you’re describing here.
>> Interesting. Right-leaning governement (if not "far-right" according to some), but has no control over illegal migrants routinely roaming around committing crimes. I thought a key marker of "the right" was being (too) strict on order and ruthless implementation of the law.
https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI0000...