From the Comments: The Contribution of American Allies to Pax Americana

Barry Stocker:

A comment at Notes On Liberty has been promoted to a post with some comments by the blog owner Brandon Christensen

Originally posted on Notes On Liberty:

Dr Stocker answers my concerns about free-riding and rent seeking with this gem:

Good points Brandon. On the rent seeking, I think you are broadly correct, but I would offer two qualifications. European nations/the EU often foot a lot of the bill/take on associated civilian tasks where America has taken military action, so that the US is not subsidising the defence and security needs of Europe quite as much as it might seem. So for example, in the Yugoslav breakup led to US military operations and a comparatively passive role for Europe, but a lot of the afterwork was taken on by Europe and there is no point in military intervention without work on building civil society to create long term security and stability. Going back a bit further to the first Gulf War/expulsion of Saddam from Kuwait, Germany and Japan did pay a lot towards the cost in…

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Myths of Sovereignty and British Isolation, 20. Concluding Remarks

Barry Stocker:

Me at the group blog Notes On Liberty

Originally posted on Notes On Liberty:

This series (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16i, 16.ii17, 18, 19) has explored a number of ways in which those who support a very sovereign United Kingdom completely separate from the European Union, and even other European institutions like the European Court for Human Rights, which is attached to the Council of Europe rather than the European Union, are attached to unsupportable ideas about the separateness and superiority of England, Britain or the UK.

What Britain’s past was does not prove anything about where it should be now with regard to European institutions, but it is at least possible to say that claims according to which Britain has always stood apart from Europe are false, and so is…

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Myths of Sovereignty and British Isolation XIX, Charters and Constitutions

Barry Stocker:

Reblogging my latest post at the group blog Notes On Liberty, 19th and penultimate in a series on Britain and Europe

Originally posted on Notes On Liberty:

The last post discussed the historical role of law. This post finally delivers the promise to discuss constitutions and charters. The sovereigntist Eurosceptic position in Britain standardly includes an elevation of Magna Carta into the greatest document ever in human liberty or, in more moderate versions of this position, certainly the greatest since it was issued in 1215 and the fount of all worthwhile liberties ever since: blessing Britain and countries which might be considered off shoots, like the USA, Canada, Australia and New Zealand (the ‘Anglosphere’), with a unique appreciation of liberty and parliamentary democracy.

While Magna Carta is of course a remarkable document and the moment it was issued was a remarkable historical moment, these claims are a distortion. It was a Latin document issued under duress during civil war conditions, the duress applied to the king by barons, at a time when the the English aristocracy and…

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Myths of Sovereignty and British Isolation XVIII: Laws, Juridification and the Administrative State

Barry Stocker:

My latest post at the group blogs Notes On Liberty

Originally posted on Notes On Liberty:

The last post focused on the distinction between civil and common law, with regard to Britain’s position as a common law country in contrast with the civil law tradition of the rest of Europe. The promise at the end was to move onto laws, charters, and constitutions in this post. However, I have found it necessary to discuss the idealisation of common law further and look at how a large part of this looks back to a world which is lost, regardless of predominant legal system as societies have roughly speaking moved from customary law to ‘juridification’ (state centred comprehensive law penetrating all social relations), and then the world we live in now of the administrative state.

The British sovereigntist and Eurosceptic position tends to emphasise a supposed unique British exception from the statist rationalism of civil law, in the ‘common sense’ of the accumulation of law arising from judicial…

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Myths of Sovereignty and British Isolation XVII: Common and Civil Law

Barry Stocker:

My latest post at the group blog Notes On Liberty, writing about common and civil law in the context of Britain’s relation with Europe

Originally posted on Notes On Liberty:

The last post referred to the need to investigate ideas about law and related ideas in discussing Britain’s relation both with the Anglosphere (USA, Canada, Australia, New Zealand) and with the rest of Europe. The big issue here is Anglosphere common law tradition versus Roman or civil law tradition in the European mainland and indeed most of the world outside the Anglosphere. Common law in this context refers to judge-made law based on precedent versus civil law referring to statute laws based on the will of the sovereign. Statute laws are laws instituted by the state, in writing, in public explicit acts of law making.

Judge-made laws based on precedent refers to the ways in which judges, using a general sense of justice, make judgements according to that sense of justice with the precedents of previous relevant judgements shaping the sense of justice along with the whole set of laws…

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Myths of Sovereignty and British Isolation XVI, Britain’s Significant Others: France and Germany (2)

Barry Stocker:

My latest post at the group blog Notes On Liberty. Towards the end of a long series on Britain and Europe. This time: Britain’s relations with France and Germany; the idea of an Anglosphere

Originally posted on Notes On Liberty:

Continuing from here.

The French, or at least the dominant part of its elites, together with a more ambiguous but largely assenting public opinion, sees the chance to maintain a large European role and an accompanying global role through the EU, using the EU to maintain the importance of French as an administrative language and the influence of France on European affairs without war, and ideally without aggressive winner takes all attitudes to diplomacy. It is a matter of reasonable debate whether this has worked well, it is not reasonable to think that France has given up on being France.

There is a strong steak of grandiose French ambition and memories of the more universality moments of the French state, under Bourbon monarchs who tried to dominate Europe, the French Revolution, and the Bonapartist Empire. Despite what some sovereigntist-Euroseptics claim, France is not obviously less global than Britain in…

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Myths of Sovereignty and British Isolation XVI, Britain’s Significant Others: France and Germany (1)

Barry Stocker:

My latest post at Notes On Liberty in a long running series on Britain and Europe

Originally posted on Notes On Liberty:

Moving on from the narrative of British history concluded in the last post, some thoughts about the way that Britain has existed as a European nation in comparison with other nations, mostly Germany and France. Britain has been defining itself in comparison with these two, in more or less friendly ways since Germany emerged as a modern unified state in 1871. The comparisons with France go back further, as has been partly explored in the narrative posts from Æthelred II’s (the Unready) marriage to a French princess to the Tudor loss of Calais.

The attitude to Germany has been coloured by the pre-1870 Prussian monarchy which became the imperial family of Germany, while retaining the Prussian royal title, in 1871. Even the Prussian monarchy, though, is new compared with the French state. The Prussian kingdom only goes back to 1701, as an elevated form of the Margravate of…

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