The Origin of Rights

Are rights, such as those enumerated in the Bill of Rights, a creation of Nature (God, if you will) or a creation of humans?

Wikipedia‘s article on natural law explains that

natural law is the doctrine that just laws are immanent in nature (that can be claimed as discovered but not created by such things as a bill of rights) and/or that they can emerge by [the] natural process of resolving conflicts (as embodied by common law). These two aspects are actually very different, and can sometimes oppose or complement each other, although they share the common trait that they rely on immanence as opposed to design in finding just laws. In either case, law seeks more to discover a truth that is considered to exist independent and outside of the legal process itself, rather than simply to declare or apply a principle whose origin is inside the legal system.

The concept of natural law was very important in the development of Anglo-American common law. In the struggles between Parliament and the monarchy, Parliament often made reference to the Fundamental Laws of England which embodied natural law since time immemorial and set limits on the power of the monarchy. The concept of natural law was expressed in the English Bill of Rights and the United States Declaration of Independence — and by 19th-century anarchist and legal theorist, Lysander Spooner….

The article later refers to anarcho-capitalism and legal positivism. Regarding anarcho-capitalism, Wikipedia says that

Libertarians in general, and anarcho-capitalists in particular, have developed two different approaches to their theories, from a utilitarian point of view, or from a point of view of natural law. Some of them defend one approach and dismiss the other, whereas some of them, like Bastiat, claim an inherent harmony or correspondence between the two complementary approaches.

The Natural Law approach…argues that the existence of the state is immoral, and that unlimited capitalism is the only ethical political system, or rather anti-political system. The Utilitarian approach…argues that abolition of the state in favour of private businesses is economically more efficient. The Harmonic approach argues both as equivalent statements….

Then, there’s Wikipedia‘s take on legal positivism:

The principal claims of legal positivism are:

• that laws are rules made by human beings; and

• that there is no inherent or necessary connection between law and morality.

Stated this way, it may surprise some that this is a controversial concept. Legal positivism stands in opposition to various contrary ideas that call themselves the tradition of natural law, a body of legal theory asserting that there is an essential connection between law and justice. Legal positivism…incorporates the separation thesis: the idea that legal validity has no essential connection with morality or justice…

I agree with legal positivists that “legal validity has no essential connection with morality or justice.” There’s abundant evidence of the truth of that statement. Much law, today, is a creature of special interests and political correctness — avarice and prejudice masquerading as morality.

However, when it comes to finding the source of rights, I favor the kernel of truth to be found in this statement of the Utilitarian theory of anarcho-capitalism: “abolition of the state in favour of private businesses is economically more efficient.” The kernel of truth is that rights (including, but not limited to, property rights) ought to exist because their existence and enforcement make us better off than we would be in their absence or non-enforcement. Anarcho-capitalists simply go overboard when they assert that rights can exist without the protection of the state. (Whose rights? I must ask.) Unfortunately, of course, the state that recognizes and protects rights is the same state that denies and suppresses them.

A complementary truth about rights lies in the version of the natural law doctrine which says that just laws (the embodiment of rights) “emerge by [the] natural process of resolving conflicts.”

In sum, rights arise out of the process of resolving conflicts because they serve the general good. The role of the state in all of this is (or should be) to recognize our rights and to defend us and those rights from predators, without and within.*

__________

*Another way of arriving at this conclusion can be found in my earlier posts on the origins of modern libertarianism in the philosophies of John Stuart Mill and Friedrich A. Hayek (here and here), where I said:

Mill instructs us that personal freedoms should be preserved because through them we become more knowledgeable and more capable; therefore, the state should intervene in our lives only to protect us from physical harm. Hayek then makes the case that the personal and the economic are inseparable: We engage in economic activity to serve personal values and our personal values are reflected in our economic activity. Moreover, the state cannot make personal and economic decisions more effectively than individuals operating freely within an ever-evolving societal network, and when the state intervenes in our lives it damages that network, to our detriment. That is the essence of modern libertarianism.

If It Were 1944

The headlines blazoned: “Allies Invade Normandy.”

The critics carped: “France isn’t our enemy.”

The Truth Sinks In

The headline at The Washington Times — “CBS’ bomb turns blooper” — says a lot, but there’s more:

CBS has been blown off stride by its own bombshell, joining several major news organizations that trusted the network’s claim that it finally had the goods on President Bush.

All were essentially bested by Internet bloggers.

Led by anchorman Dan Rather, CBS reported in a “60 Minutes” broadcast Wednesday that it had obtained four old memos asserting that Mr. Bush did not fulfill his National Guard obligations three decades ago — lobbing the claim just as Sen. John Kerry was continuing to sink in public-opinion polls….[The timing is suspicious: ED]

Much of the media had “no reticence about plowing forward and repeating CBS’s loaded charges that they proved President Bush received preferential treatment and disobeyed an order to complete a physical,” Brent Baker of the Media Research Center, a media monitoring group, said yesterday.

The enthusiasm for “Memogate” paled, however, before the persistence of suspicious Internet bloggers and the increasingly powerful amplification loop of alternative press organizations.

“It was like a ‘perfect storm’ that put us here,” said Scott Johnson, the Minnesota-based lawyer behind http://www.powerlineblog.com, one of several Web sites that questioned CBS’ claims through the kind of simple detective work once common to old-fashioned journalism [emphasis mine].

Now “old-fashioned” (read “liberal”) journalism is too busy trying to shovel dirt on its political enemies to do much “simple detective work.”

Sen. Kerry’s Vague Strategy of Denial

From a interview in the latest issue of Time:

KERRY

We can do a better job at homeland security. I can fight a more effective war on terror….

TIME

Is the President being as aggressive as he should be in dealing with insurgent strongholds in Iraq?

KERRY

At this moment in time, I’m not sitting with the generals in front of me for the full briefing. I’m not going to comment on that right now. That is up to the President. It’s his decision to make. But I will tell you this, that we’ve gone backward in Iraq, and we’ve gone backward on the war on terror. I’m not President until Jan. 20, if America elects me. I don’t know what I’ll find in Iraq….

TIME

As President, who would be the first person you would phone?

KERRY

I’m not going to say one, two, three. I will tell you that I have 20 years of experience on the Senate Foreign Relations Committee….

TIME

You can’t be more specific?

KERRY

I know exactly what I’m going to do, but I’m not the President today….

TIME

Will you be more specific about timetables for getting troops out?

KERRY

I have said that I have a goal to be able to bring our troops out of there within my first term, and I hope to be able to bring out some troops within the first year. But what’s important here is that I can fight a more effective war on terror….

TIME

How would you go about winning the war of ideas in the Middle East?

KERRY

What I intend to do is to put in play the economic power, the values and principles, the public diplomacy, so we’re isolating the radical Islamic extremists and not having the radical extremists isolate the United States. It means bringing religious leaders together, including moderate mullahs, clerics, imams -— pulling the world together in a dialogue about who these extremists really are and how they are hijacking the legitimacy of Islam itself….

TIME

Our latest poll indicates that terrorism has become the No. 1 issue for voters.

KERRY

I will fight a more effective war on terror, and over the next weeks the American people will see the phoniness of the Bush efforts….

TIME

Are you surprised at the bounce Bush got out of his convention?

KERRY

I don’t know what you’re talking about in terms of the Bush bounce….

The part about “dialoguing” is preciousness itself:

It means bringing religious leaders together, including moderate mullahs, clerics, imams -— pulling the world together in a dialogue about who these extremists really are and how they are hijacking the legitimacy of Islam itself.

That’ll really impress the Islamofascists. No wonder liberals scare me. Then there’s this:

[O]ver the next weeks the American people will see the phoniness of the Bush efforts.

Is he predicting a major terrorist attack, or positioning himself to say “I told you so” if there is one? Unfair on my part? I don’t think so. The man is desperate. As I said here, “Absent a terrorist attack, the election is now Bush’s to lose.”

The Post Piles On

Continuing the theme of the preceding post about Rather-gate, washingtonpost.com has this:

The End of ‘Network News’

By Tom Rosenstiel

Sunday, September 12, 2004; Page B07

Regardless of who wins the election, the campaign of 2004 has already made history. For the first time, a cable news channel — Fox — attracted more viewers than a broadcast network when they were competing head to head, covering the Republican National Convention.

What happened this summer, and particularly last week, is likely to be recalled as the end of the era of network news. At the very least, mark this as the moment when the networks abdicated their authority with the American public….

Alleluia and amen!

As I Was Saying…

Yesterday I suggested that Howard Kurtz’s Washington Post column about the “documents” used in Dan Rather’s attack on Bush’s National Guard service “signals other serious journalists that they can dump on old Dan, at will.” So, today’s NYTimes.com carries a piece with the headline “An Ex-Officer Now Believes Guard Memo Isn’t Genuine.” Fancy that! Given the source, the article is strikingly balanced:

A former National Guard commander who CBS News said had helped convince it of the authenticity of documents raising new questions about President Bush’s military service said on Saturday that he did not believe they were genuine.

The commander, Bobby Hodges, said in a telephone interview that network producers had never showed him the documents but had only read them to him over the phone days before they were featured Wednesday in a “60 Minutes” broadcast. After seeing the documents on Friday, Mr. Hodges said, he concluded that they were falsified.

Mr. Hodges, a former general who spoke to several news organizations this weekend, was just the latest person to challenge the authenticity of the documents, which CBS reported came from the personal files of Mr. Bush’s former squadron commander at the Texas Air National Guard, Lt. Col. Jerry B. Killian, who died 20 years ago.

The memos indicated that Mr. Bush had failed to take a physical “as ordered” and that Mr. Killian was being pressured to “sugarcoat” Mr. Bush’s performance rating because Mr. Bush, whose father was then a Texas congressman, was “talking to somebody upstairs.”

But they have been the subject of an intense debate, with some forensic document specialists saying they appear to be the work of a modern word processor and others saying they could indeed have been produced by certain types of Vietnam-era typewriters. Some of Mr. Killian’s family members have stepped forward to question their legitimacy.

CBS News has stood by its reporting, saying that it obtained the documents through a reliable source and that a host of experts and former Guard officials, including Mr. Hodges, helped convince it of their authenticity. It broadcast an interview on Friday night with one of those experts, a handwriting specialist named Marcel B. Matley, who said the signatures on the documents were consistent with those of Colonel Killian on records the White House had given reporters.

Mr. Hodges, 74, who was group commander of Mr. Bush’s squadron in the 147th Fighter Group at Ellington Field in Houston in the early 1970’s, said that when someone from CBS called him on Monday night and read him documents, “I thought they were handwritten notes.”

He said he had not authenticated the documents for CBS News but had confirmed that they reflected issues he and Colonel Killian had discussed – namely Mr. Bush’s failure to appear for a physical, which military records released previously by the White House show, led to a suspension from flying.

A CBS News spokeswoman, Sandy Genelius, indicated that Mr. Hodges had changed his account.

“We believed General Hodges the first time we spoke to him,” Ms. Genelius said. Acknowledging that document authentification is often not an iron-clad process, she said, “We believe the documents to be genuine, we stand by our story and we will continue to report.”

A spokeswoman for the CBS anchor Dan Rather, Kim Akhtar, said that Mr. Hodges had declined to appear on camera. As a result, Ms. Akhtar said, he was read the memos and responded that “he was familiar with the contents of the documents and that it sounded just like Killian.” He made it clear, she added, that he was a supporter of Mr. Bush.

Mr. Hodges said that he had not spoken with anyone from the Bush administration or campaign about his views and that he was basing his belief now that the records are fakes on “inconsistencies” he had noticed.

He specifically pointed to a memo theorizing that the Texas Guard’s chief of staff, Col. Walter B. Staudt, was pressing Mr. Hodges to give Mr. Bush favorable treatment. Mr. Hodges said that was not the case and that Mr. Staudt had actually retired more than a year earlier, though he acknowledged that Mr. Staudt might have remained in the Guard in some capacity after that. Mr. Staudt has not answered his phone for several days.

Mr. Hodges said he had also begun taking a dim view of the memos after hearing disavowals of them from Colonel Killian’s wife and son.

The son, Gary Killian, said Saturday that he initially believed the documents might be real, if only because the signature looked like his father’s. He said he had since been persuaded by the skepticism of some document experts.

The Inside Scoop, with a Partisan Twist

Orin Kerr at The Volokh Conspiracy posts about an article in the latest issue of Vanity Fair (not available online), in which a group of law clerks who worked on Bush v. Gore give their take on the case. The article, undoubtedly timed to influence this year’s election, “includes considerable speculation as to the improper motives of the Justices who voted” in the majority to stop the Florida recount.

And precisely whose law clerks does the article cite? Kerr describes them as “most” of the clerks who worked for the four Justices in the dissent and the “occasional” clerk who worked for one of the Justices in the majority.” He adds:

The article acknowledges that the clerks’ story is rather skewed, but justifies publishing it on the ground that it’s better than nothing: “[I]f this account may at times be lopsided, partisan, speculative, and incomplete,” the article states, “it’s by far the best and most informative we have.”

Did the clerks violate confidentiality? Kerr seems to think so:

Then there is the question of law clerk confidentiality. The clerks who spoke to Vanity Fair apparently viewed their duty of confidentiality to the Court as subject to waiver when in their judgment the Court has gone badly astray:

To the inevitable charges that they broke their vow of confidentiality, the clerks [who spoke to Vanity Fair] have a ready response: by taking on Bush v. Gore and deciding the case as it did, the Court broke its promise to them. “We feel that something illegitimate was done with the Court’s power, and such an extraordinary situation justifies breaking an obligation we’d otherwise honor,” one clerk says.

Hmmm. Sounds pretty flimsy to me, for obvious reasons.

The obvious reasons are that most of the clerks cited in the article were on the losing side and they’re sore losers with a partisan axe to grind.

Will we hear from the clerks who worked for the majority in Bush v. Gore, or will they respect their vow of confidentiality?

The Character Issue, in a Nutshell

The last paragraph of a piece by Sydney Smith at Tech Central Station nails the character issue:

Does it matter that George Bush is an alcoholic? Would it matter if John Kerry has post-traumatic stress disorder? It depends on how well they handle it. We know that Bush is an alcoholic, he freely admits it. And that admission is the first and foremost step in the successful treatment of any mental illness. We don’t know if John Kerry left Vietnam with lasting psychic wounds. He only evades the question when asked. And that evasion is the most disturbing aspect of the Teresa Heinz-Kerry anecdote [about Kerry’s nightmares]. It suggests that he has yet to come to terms with the question himself.

If you can’t deal with yourself, you’re ill-equipped to deal with the world.

A Real Economist

No wonder Arnold Kling (EconLog) is such a good economist. He has experienced reality and he understands it:

One of the issues with which I struggle in teaching my [George Mason University] course is integrating my business experience with my academic learning. For example, take the topic of “profit maximization.” In academic economics, it means solving a mathematical optimization problem. In business, you don’t have the equation to work with. You’re guessing about what will sell, to whom you can sell it, and how much it might sell for. You’re guessing about how you can get technology to fit together, and how new developments could affect you.

P.S. Check out Kling’s take on Paul Samuelson, whose never strong grasp of reality seems to have slipped away.

Cars I Have Owned

Owning a car. A boy’s dream. Well, owning a car often turned into a nightmare — rust (a problem from Northern Virginia northward, where I lived most of my life), breakdowns, flat tires, accidents, maintenance, repairs, insurance, and on and on. I remember some of my cars fondly and others with loathing. Here’s an inventory of every car I have owned, save my present auto, which shall remain anonymous.


My first car was a 9-year old 1948 Buick Special, for which I paid $125. It was gray and rusty when I bought it. My father “helped” me Bond-o it and repaint it a shiny black. (My father did most of the work.)


The Buick only lasted a few years. I went through most of my college years without a car. After getting my first “real” job, I bought a red 1963 VW Beetle (used but almost-new). I later owned a green 1963 Beetle as a second car.


This 1965 Rambler American looks a lot like the white four-door sedan I owned for several years. What a piece of trash. It finally succumbed to a fatal disease of the transmission. I nursed it 25 miles to the nearest Rambler dealership, where I asked how much they would give me for the car. The offer was $65. I took the money on the spot.


Before the Rambler died, I bought a green version of this 1969 VW Squareback. It was a peppy little car, one of the first with fuel injection. It survived a round trip from the D.C. area to Austin, Texas, at an average speed of 80 m.p.h.


Next up was the 1975 model of this VW Dasher. (Mine was gold, not red, and a four-door.) It was another piece of trash. In fact, the owner of the local VW repair shop referred to Dashers as Trashers. It died of terminal suspension failure.


Sometime before the Dasher died I bought a Chevette like this as a second car. (Why does such a small car rate such a large photo?)


I enjoyed driving this 1982 Cadillac Cimarron. It got bad reviews, but it worked for me — perhaps because I owned a stick shift model and knew how to get the most from its 4-cylinder engine. (I’ve always owned a stick, and I don’t plan to switch to slush-o-matic.)


I wrecked the ’82 Cimarron and bought an ’84 to replace it. The ’82s were assembled in Cadillac plants. By ’84 — when GM knew the Cimarron wasn’t going to make it — they were assembled in Chevy plants. The difference showed.


My all-time favorite was a red 1988 Acura Legend. I ran it for 13 enjoyable years, beating all comers away from stoplights.


A gold version of this 1989 Mazda 323 served well as a second car for eight years. It survived another seven years in the hands of my son.


As a replacement for the Mazda, I bought a black version of this 1995 Saturn coupe from my daughter when she went off to B-school. It was probably the last American-brand car I’ll ever own (I’m a firm convert to Japanese brands), but it was a reliable car with surprisingly good pickup.

That covers the first 44 years of my history as an auto owner. The remaining years, I trust, will see a far higher peach-to-lemon ratio. They don’t make them like they used to — thank goodness.

The Pack Has Found Fresh Prey

PoliPundit asks “What’s the Source?” of the forgeries used by Dan Rather to “document” Bush’s dereliction of duty while in the Texas Air National Guard. I say it must be Bush’s fault:) Isn’t everything? Dan Rather thinks so, and he’s an objective journalist:)

Actually, a good sign that Rather’s story has absolutely no credibility — except as a rallying point for rabid Bush-haters — is Howard Kurtz’s column in today’s WaPo. Two paragraphs of professional courtesy toward Rather precede 20 paragraphs that mostly damn Rather’s story with straightforward observations about the flimsiness of it.

And Kurtz doesn’t even get into Rather’s interview of former Texas lieutenant governor Ben Barnes, in which Barnes claimed to intervened with the head of the Texas Air National Guard to secure a position for Bush at the request of a Bush family friend. Barnes’s daughter has said publicly that the story flatly contradicts what Barnes had told her only four years ago, when Bush’s national guard service became an issue in the 2000 presidential race.

That omission notwithstanding, Kurtz’s objectivity about the matter signals other serious journalists that they can dump on old Dan, at will.

This Says a Lot about France

According to MSNBC.com,

Bonjour paresse (Hello Laziness), a call to middle managers of the world to rise up and throw out their laptops, organigrams and mission statements, is the unexpected publishing sensation of the summer in France.

Sub-titled The Art and the Importance of Doing the Least Possible in the Workplace, the 113-page “ephlet” (part-essay, part-pamphlet) is to France’s managerial class – the cadres – what the Communist Manifesto once was to the lumpen proletariat….

An anarchic antidote to management tomes promising the secrets of ever greater productivity, Bonjour paresse is a slacker’s bible, a manual for those who devote their professional lives to the sole pursuit of idleness…

Herewith, the manual’s “10 commandments for the idle”:

No. 1 You are a modern day slave. There is no scope for personal fulfilment. You work for your pay-check at the end of the month, full stop.

No. 2 It’s pointless to try to change the system. Opposing it simply makes it stronger.

No. 3 What you do is pointless. You can be replaced from one day to the next by any cretin sitting next to you. So work as little as possible and spend time (not too much, if you can help it) cultivating your personal network so that you’re untouchable when the next restructuring comes around.

No. 4 You’re not judged on merit, but on whether you look and sound the part. Speak lots of leaden jargon: people will suspect you have an inside track.

No. 5 Never accept a position of responsibility for any reason. You’ll only have to work harder for what amounts to peanuts.

No. 6 Make a beeline for the most useless positions, (research, strategy and business development), where it is impossible to assess your ‘contribution to the wealth of the firm’. Avoid ‘on the ground’ operational roles like the plague.

No. 7 Once you’ve found one of these plum jobs, never move. It is only the most exposed who get fired.

No. 8 Learn to identify kindred spirits who, like you, believe the system is absurd through discreet signs (quirks in clothing, peculiar jokes, warm smiles).

No. 9 Be nice to people on short-term contracts. They are the only people who do any real work.

No. 10 Tell yourself that the absurd ideology underpinning this corporate bullshit cannot last for ever. It will go the same way as the dialectical materialism of the communist system. The problem is knowning when…

No wonder France is a socialist dystopia.

It Can Happen Here: Eugenics, Abortion, Euthanasia, and Mental Screening

Sherwin B. Nuland, writing at The New Republic Online in “When Medicine Turns Evil:

The Death of Hippocrates
,” says:

The exhibition [on eugenics at the United States Holocaust Memorial Museum in Washington] details the influence of eugenics on determining Nazi policy from the time of the party’s assumption of power in 1933 until the end of World War II….Though some have thought of it as an applied science, eugenics is in fact more a philosophy than a science. Its proponents based their notions on genetics, having as their purpose the improvement of the breed. The word was defined exactly that way in 1911 in a book by the eminent American biometrician and zoologist Charles Davenport, director of the Eugenics Record Office at Cold Spring Harbor, New York (elected to the National Academy of Sciences in the following year), who called it “the science of the improvement of the human race by better breeding.”

Eugenicists believed that it is possible, and even a good idea, to attempt to enhance the quality of our species by regulating the reproduction of traits considered to be inheritable….

When Gregor Mendel’s forgotten experiments on inheritable characteristics were rediscovered in 1900, a certain biological legitimacy was conferred on these notions, as unknown factors (later shown to be genes) were identified as the source of traits immutably passed on to offspring, and it was perceived that some are dominant and others recessive….

Once the Mendelian laws of heredity were widely known, eugenics movements were founded in the United States, Great Britain, Canada, Russia, several of the nations of Europe, and even Latin America and Asia. Eugenics research institutes were established in more than a few of these countries, most prominently the United States, England, Germany, Denmark, and Sweden….

Not unexpectedly, eugenics was a creed that appealed to social conservatives, who were pleased to blame poverty and crime on heredity. Liberals–or progressives, as they were then usually called–were among its most vigorous opponents, considering the inequities of society to be due to circumstantial factors amenable to social and economic reform. And yet some progressive thinkers agreed with the eugenicists that the lot of every citizen would be improved by actions that benefited the entire group. Thus were the intellectual battle lines drawn.

It is hardly surprising that National Socialism in Germany would embrace the concept of eugenics. But from the beginning, there was more to Nazi support than the movement’s political appeal or the promise of its social consequences. As is clear from the exquisitely structured and thoroughly reliable accounting of “Deadly Medicine,” the stage was set for the emergence of a drive toward a uniquely German form of eugenics long before the average citizen had ever heard of Adolf Hitler….

The earliest hint of the coming storm had appeared around the turn of the twentieth century, when the German biologist August Weismann definitively showed that changes acquired by an organism during its lifetime cannot be inherited. Weismann’s findings overthrew a theory promulgated a hundred years earlier by Jean-Baptiste Lamarck, holding that such adaptations could be passed down to succeeding generations. So-called Lamarckianism had incited controversy since its inception, and its debunking added fuel to the fire of those who believed that human beings inherit not only fixed physical characteristics but also mental and moral ones….

[M]any [eugenics researchers] were serious scientists whose aim was to discover ways in which the very best of the inherited characteristics might be encouraged and the very worst eliminated, with the ultimate goal of curing the ills of society….”By the early 1900s, proponents of eugenics everywhere began to offer biological solutions to social problems common to urbanizing and industrial societies.”…

To large numbers of its host of well-meaning adherents, eugenics was a scientifically and even mathematically based discipline, and many of them actually thought of it as a measurable, verifiable branch of biology that held the promise of becoming an enormous force for good.

Though it must be admitted that the United States, Britain, and Germany became centers for eugenics in part because of each nation’s certainty of its own superiority over all peoples of the world, the fact is that these countries were hardly more chauvinistic than most others. The primary reason they led in eugenic studies is traceable to a far more significant factor: their leadership in science….

The German-speaking institutions were so far ahead of those of every other nation that leading clinicians, researchers, and educators in Europe, Asia, and the Americas considered their training incomplete unless they had spent a period of study at such centers of learning and innovation as Berlin, Würzburg, Vienna, and Bern, or one of the small academic gems among the many outstanding universities in Germany, such as Göttingen, Heidelberg, or Tübingen….

The Germanic medical establishment was heir to a grand tradition of accomplishment and international respect; when it took on eugenics as a worthy goal, it was convinced of the righteousness of its intent. Even when some of its own members began to voice concerns about the direction in which the research and its application were going, many authoritative voices drowned out the relatively few protests.

The process rolled on within a worldwide cultural milieu conditioned by the universally accepted belief that the earth’s population was divided into races, and further subdivided into ethnic groups within them….

The rising power of the international eugenics movement manifested itself in predictable ways, from anti-immigration laws to compulsory sterilization for those deemed unfit, enacted in such “progressive” countries as Sweden, Denmark, Finland, Norway, and parts of Canada and Switzerland — as well as the United States, where some two dozen states had enacted sterilization laws by the late 1920s. The most dramatic moment for Americans came on May 2, 1927, when the Supreme Court upheld the constitutionality of the state of Virginia’s intention to carry out tubal ligation on a “feebleminded” young woman named Carrie Buck, who had given birth to an illegitimate daughter also judged to be retarded, as was Carrie’s mother. Writing the majority opinion in Buck v. Bell, Justice Oliver Wendell Holmes Jr. stated

It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes…. Three generations of imbeciles are enough.

To a twenty-first-century sensibility, the equation with vaccination is at the very least questionable, but at the height of eugenic thinking, the eight-to-one majority among the justices reflected the general mood of a nation fifteen of whose states (the only ones of the twenty-seven reporting) would by 1933 have sterilized 6,246 of the insane, 2,938 of the feebleminded, fifty-five epileptics, sixteen criminals, and five persons with “nervous disorders.” More than half of these procedures were carried out in four state mental hospitals in California. In almost every state, the law applied only to residents of public facilities, which meant that lower-income groups were affected far out of proportion to their numbers in the population. Some sixteen thousand Americans would eventually be sterilized.

At this time Germany had not yet enacted any sterilization laws, in spite of strong advocacy and much expression of admiration for the American system by the so-called racial hygienicists. All of this foot-dragging ended when Hitler came to power in 1933, and it ended with a vengeance….Between 1934 and 1945, some four hundred thousand people would be forcibly sterilized, most before the war began in 1939. These included, in 1937, about five hundred racially mixed children of German mothers and black colonial soldiers in the French army occupying the Rhineland.

The basis for sterilizing these children was the outgrowth of the notion that a hereditarily gifted nation can retain its greatness only if the heredity remains pure, a thesis that had been widely accepted in Germany (and by many citizens of other countries as well, including our own) for generations….By 1937, the principle of pure blood had manifested itself in many ways, most particularly in the persecution of Jews and the passage of the Nuremberg laws of 1935, officially called “the Law for the Protection of German Blood and German Honor,” by which marriage and sexual relations were prohibited between Jews and people of “pure” German blood. Shortly thereafter the Reich Citizenship Law went into effect, declaring that only “Aryan” Germans were citizens and Jews were to be considered “subjects.” This law defined who was a Jew and who was a so-called Mischling, an individual of mixed parentage. From these beginnings as an outgrowth of eugenics — itself a misconceived attempt toward utopia — Nazi racial policy would culminate in the murder of millions and the near-annihilation of European Jewry….

The theorists and the scientists who had until 1933 been able, and sincerely so, to claim detached objectivity for their research, could no longer delude themselves about the purposes for which it was being used. With the ascent to power of the Nazis, they had become, willy-nilly, active participants in the beginnings of genocide….

The murder of children was only the beginning. In October, 1939, Hitler authorized euthanasia for adults housed in German asylums….Between January, 1940 and August, 1941, some seventy thousand adult patients were gassed, their only crime being that they were unproductive members of the Nazi state….

But far worse was to follow….On January 20, 1942, the Wannsee Conference established the policy that would lead to the Holocaust, and from then on the real question became not whether but how….

Looking back with the wisdom of hindsight, it seems so clear that eugenics had always been a dangerous notion, and that its adherents were either deluded or racist. But the fact is that such a realization was slow in coming, and appeared only after matters had gotten completely out of hand and the stage set on which horrendous events would take place. Among the several reasons that medically trained students of eugenics allowed matters to turn so ugly was their failure to recognize a basic fact about the scientific enterprise, which is well known to historians and philosophers of the subject but continues to elude even some of the most sophisticated men and women who actually do the work. Though this fact characterizes science in general, it is even more applicable to the art that uses science to guide it, namely medicine, which was, after all, the underlying source of the momentum that drove the application of eugenic principles.

The basic fact to which I refer is that neither medicine nor science itself derives its “truths” in the thoroughly detached atmosphere in which its practitioners would like to believe they work. Especially in medicine and medical research, the atmosphere not only is not detached, but it is in fact largely the product of the very influences from which its participants seek to free themselves in order to isolate observations and conclusions from external sources and subjectivity. For an early explication of this, we may with profit turn to the father of Justice Holmes, Oliver Wendell Holmes Sr., who was for some years the dean of Harvard Medical School and bid fair to be called the dean of American medicine in the mid-nineteenth century. Here is what the elder Holmes said in an oration delivered to the Massachusetts Medical Society in 1860, titled “Currents and Countercurrents in Medical Science”:

The truth is, that medicine, professedly founded on observation, is as sensitive to outside influences, political, religious, philosophical, imaginative, as is the barometer to the changes of atmospheric density. But look a moment while I clash a few facts together, and see if some sparks do not reveal by their light a closer relation between the Medical Sciences and the conditions of society and the general thought of the time, than would, at first, be suspected.

The medical theory of any era–and to a somewhat lesser extent the science on which it is based–arises in a setting that is political and social. Not only that, but its directions and even its conclusions are influenced by the personal motivations, needs, and strivings of those who practice it, some of which may not be apparent to these men and women themselves. Though we would have it otherwise, there is no such thing as a thoroughly detached scientific undertaking. The danger in this lies not so much in its truth, but in the inability of society and the community of scientists to recognize the pervading influence of such an unpalatable reality, which flies in the face of the claims that form the groundwork for our worship of the scientific enterprise….

By itself, each of the small steps taken by the eugenics movement in the early part of the twentieth century seemed not just innocuous but actually of real interest as a subject for consideration. Attached to the names of highly regarded scientific thinkers, the theories intended to improve the general level and functioning of a nation had a certain appeal to men and women concerned about social issues….

At what point would I have realized the direction in which all of this was hurtling? Perhaps not until it was too late. Looking back with unbridled condemnation on the beginnings of racial hygiene does not enlighten today’s thoughtful man or woman in regard to how he or she might have responded at the time….

This is not to say that there had not from the beginning been enough evil men lurking at the ready to push the notion of racial hygiene down the slope whose slipperiness they recognized long before men of goodwill awoke to the reality of what they had wrought. Nor is it to say that — even when the worst was becoming evident — many others did not continue to allow the slide to take place and to accelerate because, after all, those being sterilized and euthanized were so unlike themselves. But it is most certainly to say that there is good reason for so many wags and wise men down the centuries to have repeatedly observed that the road to hell is paved with good intentions. Sometimes “anarchy is loosed upon the world” not because “the best lack all conviction,” but because they firmly and honestly believe they are doing the right thing.

Doing the right thing: there has never been a period in the modern era when our species has relaxed its fascination with the idea of improving itself….A century ago the buzzword was eugenics. Today it is enhancement. Eugenics is meant to improve the breed and enhancement is meant to improve the individual, but they are too similar in concept to allow us to rest easy with either one.

Today’s molecular biologists and geneticists have dipped a very powerful oar into the ongoing stream of debate about heredity versus environment. Every year — every month — we read about newly discovered genetic factors determining not only physical characteristics but those of morals and mind as well. Sometimes we are even told their precise locations on the DNA molecule. No one knows how much of this will hold up in the coming decades, but we can be sure that a significant proportion of it will be confirmed. Some authoritative scientific voices are telling us that we should take advantage of the new knowledge to fulfill our fantasies of improving ourselves and indeed our species.

These new findings — and the enthusiasm of some of our scientists — take us huge steps beyond the ultimately shaky theoretical platform on which the eugenics movement stood. The debate has for several years been raging between those who look to the lessons of the past and shout warnings and those who see only the utopia of an enhanced future and shout encouragement. In a powerful discourse against reproductive cloning — only one manifestation of the brave new world being foreseen — Leon R. Kass wrote in these pages of “a profound defilement of our given nature … and of the social relations built on this natural ground.” At the far other end of the spectrum is Gregory Stock, director of the Program on Medicine, Technology, and Society at UCLA and one of the new breed called “futurists,” whose enthusiasm for bio-psychoengineering (Kass’s cautionary term for such feats of creativity) and a post-human future is so unbounded that he has gone so far as to title his most recent book Redesigning Humans: Our Inevitable Genetic Future. Inevitable! Even more frightening than the confidence of Stock’s vision for his fellow men and women is the title of the book’s first chapter, in which he outlines his image of how the laboratory will come to control evolution: he calls it “The Last Human,” meaning those few of us remaining whose bodies and minds have been formed by nature alone.

This is genuinely terrifying stuff. Not since the first half of the twentieth century have prominent thinkers been so starry-eyed at the thought of controlling the future of our species, or at least that privileged portion of it that will have the financial, cultural, and other wherewithal to take advantage of the offer being presented to us….Though I admire Stock for his sincerity and the magnitude of his intellect, I am sure that I would have admired more than a few of the early German eugenicists for the very same reasons had I known them as well as I know him. What concerns me is not the progression of the technology, but the inherent creeping hazards in its philosophical underpinning, which is ultimately to improve the breed.

It all sounds very familiar. Looking backward, we can now see the danger in state-enforced policies of improvement, but too many of us have yet to awaken to the equally dangerous reality of improvement that is self-determined. We are once again standing on the slope, from the top of which the future we may be wreaking is already visible. Now is the time to recognize the nature of human motivation — and the permanence of human frailty.

Now, think about the “progressive” impulses that underlie abortion (especially selective abortion), involuntary euthanasia, and forced mental screening — all of them steps down a slippery slope toward state control of human destiny.

Principled Conservative, My Foot

Andrew Sullivan writes this about Doug Bandow:

REAGANITES VERSUS BUSH: Doug Bandow joins the growing throng of principled conservatives unwilling to give Bush a second term. Money quote:

Quite simply, the president, despite his well-choreographed posturing, does not represent traditional conservatism — a commitment to individual liberty, limited government, constitutional restraint and fiscal responsibility. Rather, Bush routinely puts power before principle.

I wouldn’t make too much of Bandow’s supposed conservatism. In fact, he’s one of the “holier-than-thou” brigade of deluded professional libertarians (a senior fellow at the Cato Institute) who prize ideological purity above all else. He’s too high and mighty to give his endorsement to a mere mortal like Bush. He’s waiting for the libertarian messiah to come in from the desert.

Sullivan has put his anti-Bush money on the wrong horse.

Patriotism and Taxes

This is the third post of a series on patriotism. (The first two posts are here and here.) I am working from the definition of patriotism given by TheFreeDictionary.com: “love of country and willingness to sacrifice for it.”

Love of America often takes the shallow form found in the familiar first verse of “America the Beautiful”, with its paean to “amber waves of grain…purple mountain majesties…[and] fruited plain.” America should be loved for its vision of liberty — and, most importantly, for its steadfast efforts to promote that vision by permitting Americans a combination of personal and economic freedom that is unparalleled in the world. America isn’t perfect and never has been. But what nation is perfect or ever was? It’s true that the regulatory-welfare state has taken deep root in America, but at least those who understand that the regulatory-welfare state denies freedom, stifles initiative, and slows economic progress are free to hack at it. And sometimes they succeed in pruning it.

The other side of the coin of patriotism is sacrifice. Most living Americans (I hope) will never have to sacrifice life or limb in the defense of liberty. The only practical form of sacrifice open to most of us is to give up some material goods — to pay taxes — for the defense of the country. And perhaps there is an emerging consensus on that score. ProfessorBainbridge.com quotes from The Economist‘s Lexington column:

Americans may disagree about whether Mr. Bush should have invaded Iraq. But most of them agree that America is engaged in a global war on terrorism. And most of them — including those furious Democrats — are willing to project American power abroad in order to win that war.

The most obvious sign of this consensus is America’s growing military muscle. Compare the last budget adopted before September 11th and that for the current fiscal year: total federal spending on defense (including both Iraq and Afghanistan, homeland security and international affairs) has risen by more than 50%, from $354 billion to about $547 billion. This huge military build-up, the biggest since the Korean war, has enjoyed support from both Democrats and Republicans. Considerable bipartisan agreement propelled the creation of the gigantic Department of Homeland Security; and now Congress (again, not the White House) is pushing through the most far-reaching reorganization of the intelligence services for 50 years.

Anyone who doubts the force of America’s gathering consensus should study the Kerry campaign, which proposes little different from Mr. Bush in terms of future action; or they should look at this summer’s surprise bestseller. The 9/11 Commission Report is a thoroughly bipartisan production, the work of five leading Democrats and five leading Republicans. And it minces no words on the need for an aggressive approach to terrorism.

The report argues that there is no room for appeasement: the terrorists are willing to use any means to spread Islamic theocracy, and the only way to deal with them is either to destroy them or to leave them utterly isolated. The report endorses lots of nicey-nicey reforms in the Middle East, but it is also comfortable with projecting American power abroad. “Terrorism against American interests ‘over there’,” reads the report, “should be regarded just as we regard terrorism against America ‘over here’.” America’s homeland is, in fact, “the planet”.

I would gladly pay higher taxes to support the war on terror. I am not a knee-jerk tax-cutter when it comes to the essential functions of government. But I do not want to pay higher taxes to support the war on terror and to subsidize corporate welfare, individual welfare, farm subsidies, the nationalization of education, myriad regulatory activities, and all other programs that transfer money and power to Washington for the benefit of the permanent government and interest groups. That is not what the Framers meant by the general welfare.

Taxes should be the price we pay for the preservation of liberty — not the price we pay for charity, graft, and our own enslavement.

Kerry for King of the World?

You may have seen this poll result (as reported by James K. Glassman at Tech Central Station):

At last, some good news for Democratic presidential candidate John Kerry!

A new poll, using a huge sample of 34,330 people, shows Kerry is favored by 26 percentage points over the incumbent president, George W. Bush.

The survey, which has Kerry leading, 46 percent to 20 percent, marks an incredible turnaround from the latest Time Newsweek and Gallup polls, which have Bush up by between 7 and 11 points.

Only one problem for Kerry. The new poll, by a public opinion group called GlobeScan and the University of Maryland, did not survey Americans. It surveyed people in 35 foreign countries, from Mexico to Germany to Thailand. And, unfortunately, for Kerry, these folks won’t be voting in the U.S. presidential election on Nov. 2.

Kerry should take his act on the road — the road to Bali.

September 11: A Remembrance

When my wife and I turned on our TV set that morning, the first plane had just struck the World Trade Center. A few minutes later we saw the second plane strike. In that instant what had seemed like a horrible accident became an obvious act of terror.

Then, in the awful silence that had fallen over Arlington, Virginia, we could hear the “whump” as the third plane hit the Pentagon.

Our thoughts for the next several hours were with our daughter, whom we knew was at work in the adjacent World Financial Center when the planes struck. Was her office struck by debris? Did she flee her building only to be struck by or trapped in debris? Was she smothered in the huge cloud of dust? Because telephone communications were badly disrupted, we didn’t learn for several hours that she had made it home safely.

Thousands of grandparents, parents, husbands, wives, children, grandchildren, lovers, and good friends — the survivors of the 3,000 who died that day in Manhattan, the Pentagon, and western Pennsylvania — did not share our good fortune.

Never forgive, never forget, never relent.

(Adapted from a post dated April 2, 2004.)

Rather Lathered by the Blogosphere

InstaPundit says:

What we need from CBS is (1) the provenance of the documents; (2) chain of custody; (3) extrinsic evidence of reliability — and the original documents, not just PDF copies on the web, made available to independent outside experts for review.

I think what we’re getting is “trust us” and after-the-fact lawyering.

QandO demands more:

The blogosphere has been all over the CBS documents, but all the information is parceled out in penny packets all over the place. At the request of a reader, I thought I’d try to consolidate them into a single post. This is not canonical, of course, just the stuff I know about.

Typographical Arguments

1. The use of superscripted “th” in unit names, e.g. 187th. This was a highly unusual feature, available only on extremely expensive typewriters at the time.

2. The use of proportional fonts was, similarly, restricted to a small number of high-end typewriters.

3. The text of the memos appear to use letter kerning, a physical impossibility for any typewriter at the time.

4. Apostrophes in the documents use curled serifs. Typewriters used straight hash marks for both quotation marks and apostrophes.

5. The font appears indistinguishable from the Times New Roman computer font. While the Times Roman and Times fonts were rare, but available, in some typewriters at the time, the letters in Times Roman and Times took up more horizontal space than Times New Roman does. Times New Roman is exclusively a computer font.

6. Reproductions of the memos in Microsoft Word using 12pt TNR and the default Word page setup are indistinguishable from the memos when superimposed.

7. The typed squadron letterhead is centered on the page, an extremely difficult operation to perform manually.

8. Several highly reputable forensic document specialists have publicly stated their opinions that the documents were most likely computer generated, and hence, are forgeries.

9. The numeral 4 has no “foot” serif and a closed top. This is indicative of the Times New Roman Font, used exclusively by computers.

Stylistic Arguments

1. The memos do not use the proper USAF letterhead, in required use since 1948. Instead they are typed. In general, typed letterhead is restricted to computer-generated orders, which were usually printed by teletype, chain printer or daisy-wheel printer, the latter looking like a typed letter. Manually typed correspondence is supposed to use official USAF letterhead. However, even special orders, which used a typed letterhead, were required to use ALL CAPS in the letterhead.

2. The typed Letterhead gives the address as “Houston, Texas”. The standard formulation for addresses at USAF installations should require the address to read “Ellington AFB, Texas”.

3. Killian’s signature block should read:

RICHARD B. KILLIAN, Lt Col, TexANG

Commander

This is the required USAF formulation for a signature block.

4. Lt Col Killian’s signature should be aligned to the left side of the page. Indented signature blocks are not a USAF standard.

5. The rank abbreviations are applied inconsistently and incorrectly, for example the use of periods in USAF rank abbreviations is incorrect. The modern formulation for rank abbreviations for the lieutenant grades in the USAF is 2Lt and 1Lt. In 1973, it may well have been 2nd Lt and 1st Lt, but that certainly wasn’t correct in 1984, when I entered active duty, so I find the rank abbreviation questionable, and, in any event, they would not have included periods. Lt Col Killian’s abbreviations are pretty much universally incorrect in the memos.

6. The unit name abbreviations use periods. This is incorrect. USAF unit abbreviations use only capital letters with no periods. For example, 111th Fighter Interceptor Squadron would be abbreviated as 111th FIS, not 111th F.I.S.

7. The Formulation used in the memos, i.e., “MEMORANDOM FOR 1st Lt. Bush…” is incorrect. A memo would be written on plain (non-letterhead) paper, with the top line reading “MEMORANDUM FOR RECORD”.

8. An order from a superior, directing a junior to perform a specific task would not be in the memorandum format as presented. Instead, it would use the USAF standard internal memo format, as follows:

FROM: Lt Col Killian, Richard B.

SUBJECT: Annual Physical Examination (Flight)

TO: 1Lt Bush, George W.

Documents that are titled as MEMORANDUM are used only for file purposes, and not for communications.

9. The memos use the formulation “…in accordance with (IAW)…” The abbreviation IAW is a universal abbreviation in the USAF, hence it is not spelled out, rather it is used for no other reason than to eliminate the word “in accordance with” from official communications. There are several such universal abbreviation, such as NLT for “no later than”.

10. The title of one of the memos is CYA, a popular euphemism for covering one’s…ahem…posterior. It is doubtful that any serving officer would use such a colloquialism in any document that might come under official scrutiny.

Personal Arguments

1. The records purport to be from Lt Col Killian’s “personal files”, yet, they were not obtained from his family, but through some unknown 3rd party. It is an odd kind of “personal file” when the family of a deceased person is unaware of the file’s existence and it is not in their possession.

2. Both Lt Col Killian’s wife and son, as well as the EAFB personnel officer do not find the memos credible.

3. Keeping such derogatory personal memos , while at the same time, writing glowing OERs for Mr. Bush would be unwise for any officer. At best, it would raise serious questions about why his private judgments differed so radically from his official ones, should they ever come to light. At worst, they would raise questions about whether Lt Col Killian falsified official documents. As Lt Col Killian’s son, himself a retired USAF officer, has said, nothing good can come of keeping such files.

4. Both Lt Col Killian’s wife and son relate that Killian wasn’t a typist. If he needed anotes, he would write them down longhand, but in general, he wasn’t paper-oriented, and certainly wasn’t a typist.

And what do we get from Dan Rather? This, according to Wizbang:

Dan Rather came out swinging tonight but so far he was just shadow boxing. To defend his story, he made 4 arguments.

#1) You could find th’s in other documents. Fair enough. (or not, see ‘more’ below.) What about the other 300 anomalies Dan? [See QandO’s list, above: ED}

#2) We learned the name of their forensics guy… (I’ll save you the trouble and set up the search) Marcel Manley

My mini google tells me the guy is not that impressive. He has a few self-published books that I found. Mostly he is a “handwriting expert,” he has no apparent skills at looking at the rest of the document. Certainly not the resume’ that Bill at INDC Journal’s guy had. (He also seems more at home with the legalities of being an expert witness than being a forensics guy.)

I also found he apparently is behind the story that Kurt Cobain’s suicide note was bogus and he was really murdered. I’m speaking before I google enough but the guy seems like wingnut. (more later) Update: The guy who wrote the web page was a wingnut. No reflection on Matley.

Anyway the Forensics guy said (in a nut shell) that since the signatures match (which they don’t to my layman’s eye) the whole document is legit. Because obviously nobody would scan a signature and paste it into Word… No, never.

Prediction: CBS is going to get nailed on this guy… wait for it.

#3) Some guy -name not important — that said the documents were legitimate because everyone knew Bush sucked. (no joke)

#4) Some other guy — who has written multiple books bashing Bush- said the documents were legitimate because everyone knew Bush sucked. (No, I’m not making this up.)

Then Dan Rather said that we know the documents are real because well — Bush sucked. (Update 4)

Basically, CBS is making the case that since the content of the documents is true, the documents are legit. And we know the content is true because we have these documents to prove it. (an odd form of recursion)

The other humorous bit of defense is when Rather made the case that the blogosphere is way off base because the copies we got have been copied, faxed and recopied and some of them have been (gasp) downloaded. Completely ignoring that we all got the doc right from their web site. We are looking at a scan of what they have. 1 scan does not lose that much quality. All in all, that line was just laughable.

More as I google.

One more comment – To distill the above, their whole argument was that the signatures matched. The rest was fluff. [emphasis mine: ED]

UPDATE: hmmm This is interesting… Seems Matley vouched for the authenticity of the Vince Foster suicide note.

UPDATE 2: ZERO (none, nada, zip) evidence this guy was in any way qualified to vouch for the authenticity of these documents. NONE. He is a handwriting guy who makes the case the signatures match. (they can be scanned) His only claim to fame is that he is a librarian. Google can find nothing this guy has ever done with anything other than handwriting. Bill at INDC spanked CBS.

Bottom line… CBS’s document expert ain’t.

UPDATE 3: I forgot to note that the defense of the documents came after Rather bashed Bush for a while… I know you’re surprised.

UPDATE 4: I kinda made a joke about everyone saying “Bush sucked” but from an evidentiary point of view that is what they offered. They said the documents must be legit because everyone knew this is what happened. Since the contents were true, the docs were, by definition, not forgeries. It really was rather odd. (oh heck, that pun wasn’t intended but I’ll take it) Only the mentally lame will accept this argument….

Clearly, Rather is one of the mentally lame. He came nowhere near addressing all the charges. He’d be found guilty of flagrant violation of journalistic standards, if there were such a thing.

Why Free Markets Are Better Than Central Planning — Example 9,999,999

Just look at what happened to the “60 Minutes” story about Bush’s National Guard service. James Lileks (The Bleat) explains:

In retrospect, TV looks like a big smothering quilt: it killed the afternoon papers, forced the survivors to consolidate; it reshaped the news cycle to fit its needs, shifted the emphasis to the visual. It fed off the Times and the Post and other surviving papers, which had institutionalized the Watergate and Vietnam templates as the means by which we understand events. The old-line media, like its Boomer components, got old, and like the Boomers, it preferred self-congratulation to self-reflection. And so the Internet had it for lunch, because the Internet does not have to schedule 17 meetings to develop a strategy for impactfully maximizing brand leverage in emerging markets; the Internet does not have to worry about how a decision will affect one’s management trajectory; the Internet smells blood and leaps, and that has turned the game around, for better or worse….

A Precious Musical Mystery

From arts.telegraph.co.uk:

The finest of all fiddlemakers

(Filed: 05/09/2004)

Martin Gayford reviews Stradivarius: Five Violins, One Cello and a Genius by Toby Faber

According to the great violinist Nicolo Paganini, Antonio Stradivari (better known as Stradivarius), to make his celebrated violins used only “the wood of trees on which nightingales sang”. Others have made more prosaic suggestions – that the timber Stradivari employed was soaked in brine, or that it was of unusual density owing to the freezing conditions of the 17th-century “Little Ice Age” in which it grew. Some argue that his wood was endowed with special properties while it was being floated down river from the Alps in the form of logs. But there is still no agreement.

Nor is that the only mystery of these antique musical instruments. Their varnish, measurements and internal construction have been minutely examined since the 19th century. And still – 360 years after the birth of their maker – nobody really knows what makes the tone of these old fiddles so marvellous….

Some great things can’t be duplicated. If they could, we’d enjoy them less because they would become trite.

Now for something that’s not trite, here’s Bela Bartok’s “Tanz des holzgeschnitzten Prinzen – Nachspiel” (RealAudio), played on a Stradivarius violin (with orchestral accompaniment).