Monday, April 8, 2019

libel/defamation laws are a tort under the british legal tradition.

what that means is that we have a rule in our society that says that if you're going to lie about people in an attempt to harm them then you should be liable to compensate them for the damages it creates. this rule is very specific - you have to be acting with malicious intent, and you have to be purposefully dishonest about it. veracity is a valid defense in a defamation case; you can't be sued for saying things that are true, regardless of the effects it has.

while i support the abolition of the criminal justice system, i am a strong supporter of the english tort system, and a strong supporter of defamation laws. this is a more traditionally germanic system of government - when you do something wrong, you pay a fine for it. it's how the germans lived for centuries, before the romans introduced this idea of punishment. decolonization doesn't just mean dechristianization, it also means deromanization; getting closer to an indigenous form of european governance would mean putting tort at the central nexus of the legal system. it's also a more "anarchist" legal system, as it upholds a concept of remuneration while abolishing the more authoritarian concept of retribution.

trudeau is in kind of an annoying situation that i can empathize with because i'm going through something similar, myself. i was recently charged with an absurd offense, and the charges were dropped due to a deficit of meaningful evidence. the officer does not seem to have understood the law; the scenario should have never happened. however, i haven't been given the opportunity to actually defend myself in court. as such, i've had an injustice committed against me that i don't have a clear path to resolve. i will not be filing defamation charges (i can't demonstrate financial harm), but i will be filing a human rights complaint once the issue with the officer is dealt with, as well as a constitutional challenge when the time is appropriate. it's the closest thing i have to due process, in context.

it's easy to understand why trudeau may actually want some kind of a trial in order to clear his own name, even if the process is politically perilous. but, then, why not allow for an investigation through parliament? a defamation suit would amount to the same thing. if there's a contradiction here, it's in demanding one without the other, and/or not realizing that the political liability of one is the same as the other. see, the question of whether he has a case or not depends on how effectively he can demonstrate the point, but he also needs to show financial or reputational damage, which is the more difficult point.

so, i'm not following the tory media's line on this - i think the premise is entirely valid, and he might even have a good case. i'm just not sure it's been thought through very well in the pmo, or even if there's anybody left in there that has the ability to think it through, any more.