A defence to the 2nd Amendment: The right to bear arms.

For Freedom! -  Source: Flickr

a political opinion has always had a strong view against the 2nd Constitutional Amendment Right in the United States. Yet here we will try and analyse a reasonable justification (yes that's correct!) for keeping the second amendment. This is because there is some reason for the right to bear arms, on the basis of self defence.

The argument that will be analysed is:

"The right to bear arms ensures the natural rights of self-defence, resistance to oppression, and the civic duty to act in concert in defiance of the state" 

So, here it goes. 

Premise: We have a right to defend ourselves from others and the state. 

To defend yourself from others seems like a reasonable justification. If others attack, you have a right to self defence. While the law of self defence has changed substantially through the ages, most modern notions of self defence are based on the actions of defence being proportional to the threat. That means if someone threatens to fling a banana skin at you, you can't pull out a rocket launcher and blow them to smithereens. Laws already limit the use of the 2nd Amendment right to make sure it is used only in proportional circumstances, otherwise a punishment will be given. But the government doesn't allow for the ownership of nuclear or chemical weaponry. This is because these kind of weapons would never be able to be successfully proportionally used against the threat of others.

So far then we can say that personal weaponry (like small arms) is useful in defending yourself against others. 

What about defending yourself against your government? Well, as much as gun enthusiasts love to tote about how they can keep the government to account through the barrel of their gun, the governments vastly superior army, military, technology and resources will always, always win. 

A massive problem: There is thus an inequality in what arms can be owned.

Because the government already restricts to a significant degree what kind of weaponry may be owned,  the right for the average American citizen to defend themselves from the wrath of the almighty government is useless, unless the state allows citizens to own weapons of the same grade as the state. 

Conclusion

The state may grant you a 'right' to defend yourself from others and from the state (which it then prevents you from doing so by means of other laws). The right to bear arms in your defence can include hitting your opponent with the arms of a stuffed dead bear, or a weapon that fires metal bullets at hundreds of km an hour.

Your right to bear arms is just an extension of your right to self defence by any proportional means necessary.

*** Note: This blog does not endorse the US 2nd Amendment Right: The Right to Bear Arms. 

WikiLeaks is not helping this war

WikilLeaks founder Julian Assange - Image source Washington Post

WikiLeaks recent decision to release more than 250 000 confidential diplomatic cables has yet again created international political and media hysteria. Media organisations around the world have publicly (and secretly) applauded them for releasing information that has fed news-cycles for weeks. Politicians, especially those from the US, have called for his arrest on grounds of breaching national security. While in the past WikiLeaks has released videos and documents that could arguably pose a risk to US national security, it chose to do so because it believed the information contained within those videos and documents would protect the international community. However in this recent release of diplomatic cables, the information that is contained within them is comparably trivial to the other documents that exposed US atrocities in Iraq and Afghanistan, as well as systematic failures in the US military. The leaking of a video depicting US soldiers opening fire on civilians was meant to help save lives by bringing greater public attention to the war. But what this leak has done instead is damage the integrity of diplomatic relations amongst all countries, and may in fact heat up an old 'cold' war. The exposure of diplomatic tensions between China and North Korea will only aggravate the increasingly aggressive state who doesn't like to be publicly denounced, especially by its closest ally, China.

The documents leaked outline China's growing unrest with North Korea, especially with its nuclear program. Colourful language - as colourful as diplomacy gets - such as China referring to the North as a "spoilt child" attracts headlines and attention. Though the issue here isn't what China actually thinks of North Korea, but how the DPRK (North Korean government) perceive the ensuing media attention. China has always been the negotiator between the US, Japan, South Korea and the unpredictable North Korea. It has been China who has repeatedly encouraged North Korea back to the six party talks after it has walked out because no one accepted the North's right to pursue nuclear weaponry. It is well documented that China supports North Korea because it stops 23 millions refugees from flooding over its boarder, and also keeps China, geographically speaking, an arms distance away from South Korea. Though China's unwavering support for the North was most recently seen when, in defiance of a reputable international finding, it supported North Korea's denial of the sinking a South Korean ship. Yet China doesn't like North Korea playing around with nuclear material in what it perceives as its backyard. In 2006 when the DPRK was flouting international law and openly testing its nuclear capabilities, China temporarily shut down power to Pyongyang (which it supplies) - a strong message for North Korea to keep it quiet. Then it also supported a UN resolution to impose further sanctions on the recluse state, despite its continual trade links and dodgy deals with the DPRK. China keeps its position ambiguous so as to avoid serious scrutiny, but also so it can reap the benefits of a US alliance and still have occasional shady dealings with North Korea. Though these diplomatic cables highlighting government tensions between China and the North will make both the US and North Korea question China's standpoint. To best serve its national interest, but also based on precedence, China will remain silent. Though the political skirmish that could ensue in both North and South Korea, may disastrously result in the end of a very tenuous Korean peace.

North Korea is very touchy to international condemnation. When the UN passes a resolution prohibiting it from pursuing nuclear weapons, the DPRK orders for missiles to be fired into the sea of Japan. When  South Korea and the US plan on having "war games" just outside North Korean territory to demonstrate the military prowess of the US and South Korea, the North shells a nearby South Korean island. Basically, North Korea and the DPRK don't like to have their power or image threatened. So the consequence of its closest ally, China, tittle-tattling to the US about how mischievous it is, will not go unnoticed. China and the North may be really chummy at the moment and this is China's way of feeding the US what it would like to hear, though it could also be an under representation of a very fragile relationship between China and the DRPK. Regardless, it is the airing of either fabricated or factual dirty laundry that will insight North Korea to demonstrate its military capabilities yet again. Because of the WikiLeak, North Korea's sovereignty is diminished because the main other state upholding it, is showing wavering support. Thus it will most likely demonstrate to the world that it a nation not to be reckoned with through the only way it knows how - military power and missile 'tests'. And it could well be China who will be in the firing range of North Korea's latest military display, for its unintentional public display of insubordination. WikiLeaks intentions of peace, honesty and accountably, may only provide further fuel for another Korean war.

What WikiLeaks has done is change the course of diplomacy for the forceable future, and ultimately damaged the ability for countries to form diplomatic and strategic alliances. Diplomacy is something that doesn't always need to be made public, mainly on the basis that it is ever changing. Shooting civilians in wartime or making obvious strategic mistakes when at war are actions that should be held to the highest account. The mentioning in a cable that North Korea is "a threat to the whole world's security" is hyperbolic diplomatic nonsense. The Economist very neatly summarised the necessity for diplomacy to be kept confidential.

At this point, what WikiLeaks is doing seems like tattling: telling Sally what Billy said to Jane. It's sometimes possible that Sally really ought to know what Billy said to Jane, if Billy were engaged in some morally culpable deception. But in general, we frown on gossips.

If the documents outlined the US secretly supporting North Korea, that would warrant public attention. Though having every menial detail of almost every US diplomatic cable since the 1960s released, only brings attention to the juicy, somewhat bizarre conversations that have occurred. China's sideways comment to the US about it not being so friendly with North Korea, suddenly becomes China's foreign policy in the eyes of countries like South Korea. This is because South Korea is under enormous domestic pressure to resolve the ongoing conflict, most preferably by uniting the North under South control. This gives politicians in South Korea who want to take a harder, more militarised stance against North Korea, greater political capital to do so. They have a few phrases from a couple of 'WikiLeaked' documents to prove it. This is where WikiLeaks intentions of creating accountability and transparency falter. The documents reception in mainstream media and politics is patchy and only focuses of the visceral, entertaining parts. Like the fact that mainstream media hasn't questioned why more US cables have been in direct reference to the state of Tasmania rather than the whole country of Australia? It's these entertaining and 'newsworthy' lines that'll attract media attention and change public attitudes, not the other plethora of documents that are the diplomatic equivalent of foreign ministers sending smily faced text messages to each other.

The intentions of Julian Assange, the founder of WikiLeaks, was inherently good. Transparency, honesty and accountability are values worth pursuing. Unfortunately for Assange that comes at the cost of being pursued by the US government for "endangering national security" and most likely, being charged for espionage. But the release of diplomatic cables is very different to war logs or footage of soldiers firing upon civilians. The benefit that occurs to the global population on behalf of this release is minimal. It doesn't foster transparency, it only shuts down diplomatic channels and harbours distrust amongst governments. It doesn't encourage honesty, governments will only deny the authenticity of the cables (like Mahmoud Ahmadinejad has done). Neither does it promote accountability, as the information it contains doesn't expose any one person or any government of serious wrongdoing. The only thing this leak has done is aired the private conversation of countries and diplomats, which in turn feeds the news-cycle and most likely, aggravates overly pretentious countries like North Korea. This leak only insights unstable countries like North Korea to demonstrate their military capabilities through missile strikes and war.

Links: 
WikiLeaks degenerates into gossip - The Economist

At-loss China accepts unified Korea: WikiLeaks - AFP

China ready to abandon North Korea: WikiLeaks - ABC Online

WikiLeaks cables reveal the problem of Pyongyang - Guardian 

Analysis: WikiLeaks reveals China, N. Korea tensions - CNN International

Wikileaks cables reveal China 'ready to abandon North Korea' - Guardian 

A very slow succession

It's been a long time coming, but it finally may be here. Kim Jong il appears to be stepping down and installing his youngest son, Kim Jong Un. For many years, King Jong Il's poor health and reckless nuclear ambitions have indicated such a transition was imminent; but nothing ever materialised. Though a couple of months ago, Chinese media sources reported the creation of a statue of Kim Jong Il. There are many statues of Kim Il Sung, Kim Jong Il's father and technically, still the ruler of North Korea. Though they were only erected after his death. This is because North Korean juche culture stipulates that statues of leaders can only be built and displayed after they've died. So either Kim Jong Il is shaking things up in the north, or he's finalising his affairs before steps down (or dies).

I've reported before on the future leader of North Korea, Kim Jong Un, but this time, his succession finally appears to be occurring. The health of Kim Jong Il has been like a roller coaster ride. One day he's reported to be seriously ill after a stroke, the next he is about to die of pancreatic cancer, and then a few months after never being seen, he meets up with Bill Clinton to negotiate the release of US journalists. Being the mysterious leader of one of the most secretive states in the world appears to be one of his greatest accomplishments. He's accredited with transforming the North into rogue nuclear state, however North Korea has no ability to project that power any further than South Korea. It's numerous nuclear tests and sinking of the Cheonan have angered it's closest and most powerful ally, China. Following North Korea's latest nuclear tests, which were in clear defiance of international law and UN condemnation, China cut the transmission line between it and Pyongyang. This resulted in around 80% of North Korea being plunged into darkness. China, usually the moderator between the western world and the North, actually took an active step to prevent North Korea from exercising its nuclear power, even at the possibility of creating social and political instability. China and the North have always had a love/hate relationship, but with a new leader soon to take charge, that relationship will be critical in ensuring a peaceful transition.

Aid being given to North Korea has been in a steady decline since 2005. Defying international law and acting like a recalcitrant cretin with nuclear ambitions does that. But with more famine and death being caused by natural disasters and consistent North Korean government neglect and mismanagement, more aid is being offered. Previous aid agreements, most notably between US president Bill Clinton and North Korea, saw the closure and abandonment of the North's nuclear reactors...for a while. It appears that any attempts by any international institution or government to quell the North's nuclear aims, has proven fruitless. Carrots don't tempt the North to do good, and the using the stick would result in war. Though there is one exception to this rule: China. It's China who not only keeps the North's few lights running, but it's entire economy as well. It's North Korea's largest trading partner, political ally and sympathiser. It's China who is either going to make or break this succession.

The main thing China wants is regional stability, hence it's warning to the North about playing too much with the nukes. So it's obviously going to accept Kim Jong Un's rule, just to prevent a regime collapse and 24 million refugees flooding across the boarder. But North Korea is still stubborn. It doesn't want China to micro manage all of its affairs, run its economy and plumb the land for all the resources it has got. Similarly, China sees the North as an inefficient, unstable state with an economy going nowhere. Under a new leader, I'll be China who gets the undivided attention of Chang Sung Taek (Kim Jong Un's uncle) and Kim Jong Un himself. This leadership change is the perfect time for China to capatilise on new trade relations; ones that encourage industry, more open markets, more free flowing of information. It's these small steps, that may help stabilise the North by making it less reliant on nuclear power to prop up its regime.

This hypothesis really does fall short thought when you look at it in the context of Iran. But then again, there's no super power "mother country" sitting next door to Iran, telling it what to do. North Korea is at its most politically unstable point in decades. Kim Jong Un isn't being paraded around as a national hero just yet. The pomp and grandeur being delayed is just a sign of ineffective and unstable government, let alone bad event management. So for all it may be worth, this very slow succession in North Korea could turn out to be an opportunity for China to make inroads into this recluse state, to the benefit of all.

Links:
Third Kim lucky? - The Economist
The unconference - The Economist

US watches 'leadership process' in North Korea - AFP

South Korea Offers Aid to North - Wall Street Journal

North Korea, in Secret, Moves Toward Anointing a New Kim - Time 

Nuclear the way, but not for Australia

With all this hype recently in the media about how Australia should go nuclear to help clean the world of carbon emission, taking a global perspective and stance at reducing greenhouse gas emissions will be the most effective way of combating climate change.

The proposal and renewed focus on nuclear power in Australia has come from an opinion poll stating that 49% of Australian's would accept nuclear power. Possibly not enough of a swing to change the Labour government's mind on the subject, as they directly oppose it. However public support for nuclear energy falls like a lemming off a cliff when the subject of location for the plants arise. This is because the Australian public doesn't fully support the science of nuclear fusion, and changes in the way nuclear reactors operate in order to prevent another disaster.

Though developing countries are quite comfortable with the science of nuclear fusion, because their insatiable demand for energy outstrips public or government concerns, and also because these poorer nations would prefer to have electricity than nothing. Nations such as China and India are soon to become the worlds largest emitters because of their tremendous growth. Ironically Australia produces less than 2% of total global greenhouse gas emissions, though we are trying to stop climate change by enacting policy (CPRS) to reduce our emission. If Australia really wants to make a difference, we need to help tackle other developing countries, like China and India's emissions not ours.

The main source of greenhouse gas emissions from Australia come from the burning of brown or black coal. However 80% of the coal we mine is exported, hence exporting and covering up our true effect on the climate. Instead of Australia becoming a nuclear nation, we should be encouraging through all avenues possible for developing nations to only built nuclear power stations. Because nuclear power is low in carbon emissions and is a proven technology that is effective in supplying power for the next hundred years or more, and it is perfectly suited to their situation. But because Australia has the worlds largest source of uranium, it also means we don't loose, but economically gain from such a pollution reduction deal. Furthermore from this, it also frees up financial and political capital which can be spent on renewable energies, to which Australia's climate and location is well suited.

For Australia to transform its energy industry from coal to nuclear power is a mistake. We can continue burning coal in the interim, because stopping it is not going to save the world. However Australia lobbying and supplying uranium to nuclear reactors in developing nations (hint hint Rudd, India), will be key to reducing global emissions as quickly as possible...not to mention avoiding Copenhagen at the end of this year. 

North Korea - a very naughty boy

If you haven't watched Monty Pythons The life of Brian, you must. Beg, borrow, steal, do almost anything to get your hands on a copy, it's worth it.

If you've seen the movie, you will most likely remember this memorable quote "He's not the messiah, he's a very naughty boy." This very same quote can be easily applied to the actions of North Korea.

Kim Jong-il (and the eternal deceased leader, Kim Il-sung) have managed to convince enough (if not most) of the population of North Korea that they are doing a good job. While the whole culture of North Korea evolves around the notion that they are a) the centre of the universe b) have more power than the west and c) are on the 'right' side of the war, the rest of the world looks on and sees the truth. So apart from broadcasting The life of Brain onto every TV set in North Korea, the west is unable to show the people of North Korea what their leader really is.

One of the reasons Kim Jong-il remains in power, is by displaying to the people of North Korea the power of the government and their country. So by firing off missiles and making the earth tremor because of a nuclear bomb test, it is quite effective at demonstrating the power of the government and socialism. This demonstration of power also attracts the worlds attention. While the North may be perceived as acting like a little child throwing a tantrum to get the worlds attention, this demonstration of power may have different meanings.

Who are they demonstrating their power to, and how are they demonstrating it? They have shown to the world they have nuclear material and are technologically capable of turning it into a rudimentary bomb - so their actions could be an advertisement.

By demonstrating that they are a powerful nation, are they requesting more respect from the world? They may want special bilateral sit down talks with the US (as they have wanted in the past), so they can put their demands past the UN and straight to arguably the most powerful state?

Or alternatively, is Kim Jon-Il just a crackpot leader with death wish for his country?

While we can sit and hypothesize and analyse the actions of North Korea, what we can't do, and haven't been able to do, is control those actions. We may not know exactly why they are doing what they are doing, but we can predict that the North is greatly unpredictable and uncontrollable. The key to fixing this rogue state may not be what the rest of the world can do, but what the people of North Korea can do!