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Liberty

[996] Mengenai jangan gunakan akal fikiran

Akhir-akhir ini, Project Petaling Street penuh dengan tulisan-tulisan tentang Islam and kebebasan. Saya sendiri telah meluahkan rasa hati saya tentang kod pakaian yang diperkenalkan oleh Majlis Perbandaran Kota Bharu baru-baru ini.

Apabila PPS mula dibanjiri dengan rencana-rencana “cut and paste” dan kata-kata kesat oleh seorang Muslim konservatif tempatan, saya terperasan satu perkara yang ditonjolkan oleh laman web terbarunya, Jundullah:

Fair use. Screenshot.

Sekali imbas, rencana itu amat membencikan manusia yang menggunakan akal fikiran. Jika semua masyarakat berfikiran demikian, akan mundur satu dunia. Saya pasti, tiada keraguan di situ. Jika semua masyarakat Islam telah menerima saranan rencana itu, tidak hairanlah mengapa dunia Islam telah lama ditinggalkan kebelakang lagi jauh.

Sebelum saya menamatkan penulisan pendek ini, perlulah dinyatakan bahawa rencana itu sendiri tidak ditulis oleh pemilik laman Jundullah.

Categories
Liberty

[995] Of liberals and the problem of citizenship

As a person hostile to the excessive state power, I’m currently grappling with the idea of submitting to the state whereas membership is forced upon me in the first place. I could accept deterministic reasoning in some sense, that we as human beings can’t choose on certain matters. For instance, we can’t choose our parents, or worse, our siblings, no matter how hard we want it. As a libertarian, most likely as other liberals, the state is established by the people to protect the rights of the people. It is merely an instrument of the people. That idea is alright if a person or a group is establishing a new state. Problem arises when a person is born into the state and citizenship is forced upon him. So, how do I as a liberal solve this problem?

Somebody might have written on this earlier. I know for a fact the individuals like Rousseau have tried to justify the existence of the state. I however would like to make an attempt at rationalism.

At the moment, I see that this problem is caused by mismatch of timelines; the life length of an individual — the citizen — and a state don’t match more often than not. Specifically, as mentioned earlier, the state is established first while a person is born into it. The person will be the citizen of the pre-existing state until his citizenship is taken away from him or a switch in citizenship occurs. If that is the case, if the problem is really caused by timelines mismatched, the most apparent solution to me — and perhaps dangerously naive — would be a revolution each time a person deterministically become a citizen of the state. Such solution is costly and I dare not visit it in the real world. Doing a revolution every second of everyday of the year is beyond rationality and in fact, madness.

A liberal democratic system provides an alternative to constant revolutionary madness. It’s a democracy that keeps tyranny of the majority in check by guaranteeing certain inalienable rights to citizens of the state practicing liberal democracy, enough rights to discourage real revolution as such those that occurred in 18th century France or 20th century China. In a away, a free election is a small peaceful revolution. Through this, free election partially solves the problem of timelines mismatch while reducing the need for violent strength that is ever so necessary in the face of tyranny. It’s only when the democratic system is corrupted, when liberty of the citizens are no longer guaranteed, is a revolution, a forceful change of the state, is inevitable. As Victor Hugo once said, when dictatorship is a fact, revolution becomes a right.

A simpler solution would be anarchism. An anarchy is a stateless situation of free people. Anarchy is the true condition of being free. Unfortunately, it’s not a stable state as more often than not, a state of anarchy, unlike of a state as an institution, lacks a social contract to govern, at the least, minimally, interactions between individuals. The social contract in a libertarian sense is a rule of law that guarantees negative rights of a person. Without this social contract, a person’s total freedom, limited only by his physique, environment and mind, would be inequitably limited and eroded by stronger others. The social contract — every person is the absolute owner of his own life and should be free to do whatever he wishes with his person or property, as long as he respects the liberty of others — ensures an equitable rights, where such rights won’t be eroded by other individuals, based on implicit agreement. The condition that is stable vis-a-vis anarchy. As so often seen in any libertarian material, that social contract must be at the most minimal level and acts only to prevent the negative rights of a person from being infringed by others.

Though I don’t claim the three solutions as exhaustive, that there could be other options, between the three, I prefer the second option for reasons stated above, I hope, clearly.

With the second option from my point of view however, it becomes a burden for liberals to participate in the political process of the state, either directly or indirectly. Non-participation is not an option for if liberals fail to participate, their rights would be determine by other people that wouldn’t necessarily hold liberty dearly and seek to throw liberty into a dungeon cell far below the earth, beyond the grasp of sunlight.

If the assumption of the cause of state establishment is true, then a person’s participation in a process would be important to partially undo the problem of mismatched timelines. For if every free election is a revolution, active participation in free election is a revolution to rectify the mismatched timelines problem without bloodshed.

This however, of course doesn’t work at all for those with stances very different from the mean. For them, proportional representative democracy such as practiced by the German state currently is crucial to further rectify the problem of citizenship.

Categories
Earthly Strip Liberty

[992] Of Earthly Strip: Kota Bharu women uniform

Moral and fashion police from PAS introduces a uniform for women.

Some rights reserved. By Mohd Hafiz Noor Shams

Can you say Islamofascist?

Categories
Education Liberty

[991] Of is active racial integration discrimination?

An interesting case is currently being heard at the US Supreme Court this week. It concerns racial integration or diversity. At the NYT:

WASHINGTON, Dec. 4 — By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional.

There seemed little prospect that either the Louisville, Ky., or Seattle plans would survive the hostile scrutiny of the court’s new majority. In each system, students are offered a choice of schools but can be denied admission based on their race if enrolling at a particular school would upset the racial balance.

At its most profound, the debate among the justices was over whether measures designed to maintain or achieve integration should be subjected to the same harsh scrutiny to which Brown v. Board of Education subjected the regime of official segregation. In the view of the conservative majority, the answer was yes.

The Wall Street Journal summarized the camps in the case:

The fundamental dispute is whether antidiscrimination laws–the 14th Amendment and, by implication, the Civil Rights Act of 1964–ban discrimination altogether, or only in the pursuit of invidious ends. Broadly stated, the “conservative” position is that these laws protect individuals from discrimination, whereas the “liberal” position is that discrimination is fine in the pursuit of “diversity” or integration but not of white supremacy.

It’s becoming tougher for me to decide which is right and which is wrong. The black and white are merging.

Regardless, this case is almost similar to the Michigan case.

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Liberty Personal Photography Politics & government Pop culture Society

[987] Of satire at Istana Seri Menanti

It’s 2 AM on a Sunday. I just got back from a dinner event at Istana Seri Menanti.

To those that organized the sketch, I salute thee. It takes courage to stage it in front of the King and the Chief Minister of Negeri Sembilan. Thanks goodness that we still have some freedom of expression in this country, despite daily erosion.

Some rights reserved. By Mohd Hafiz Noor Shams.

If this is the kind of quality play held at every annual MCOBA dinner, I wouldn’t mind attending the next edition. And the next too. Great job guys.

And, haha, thanks to Project Sayong for sponsoring my ticket. But I wonder, would this play hurt the project? LOL!

p/s – Nik Nazmi describes the play.